\Os-^ A Good Code, Mr Robert [. Cumruia, in an address lately delivered on ‘‘Municipal Govern ment,” at Day ton, -0 ,^ at a meeting called by the board of trade, bad tbese good words to say of the Springfield ‘ city code: ’ One city code deserves more than pas: ing notice. After examining many statistics, state and municipal laws, city codes and charter governments of great and proud cities, I think it significant that in the small city of Spring- field, Illinois, where the nation once found the embodiment of honesty and common ten e— Abraham Lincoln — we should find to-day, as if the very ashes of the great commoner had imparted his wisdom to the people, a city code that will go far to solve the problem of munic- ‘ ipai government. It seems that the city of Dayton is with- out laws under which it can operate to ad- vantage, and has lately been seeking infor- mation fron it hopep to pr^t THE UNIVERSITY OF ILLINOIS library S p *5 1 ov I / I '■i m s THE Springfield City Code: COMPRISING THE LAWS OF THE STATE OF ILLINOIS RELATING TO THE GOVERNMENT OP THE CITY OP SPRINGPIELD, AND THE * I Ordinances of the City Council; KEVISED AND CODIFIED, BY Joseph Wallace and James W. Patton, Attorneys at Law. Published by Authority op the City Council. SPRINGFIELD: H. W. Rokker, Printer and Binder. 1884. AWao. . .Jo-.cK lie* PREFACE. At the regular municipal election held in the City of Springfield, April 4, 1882, the question of incorporating un- der the act of the G-eneral Assembly of the State of Illinois, entitled ‘‘An act to provide for the incorporation of cities and villages,” approved April 10, 1872, in force July 1, 1872, was submitted to a vote of the electors of said city, o and ratified by a decisive majority thereof. Early in the o ± month of June succeeding that election, the gentlemen whose names appear on the title-page of this book were appointed by Mayor A. N. J. Crook, and confirmed by the city coun- cil, as “competent persons to prepare and submit to the city council, for its adoption or rejection, an ordinance in revision of the ordinances of the City of Springfield,” and for the government thereof. The work thus assigned to the revisers has been done, and the result is submitted in the following pages. The change of city organization ffbm the former special charter to that of the general law involved numerous. radi- cal and important changes in our system of municipal gov- ernment and administration. It was found requisite to recast or frame anew nearly all of the general ordinances, while such ordinances, or parts thereof, as had become ob- solete or inoperative, are omitted entirely ; and the large SS352:) 4 PREFACE. increase of the municipality in population, wealth and in- dustrial enterprises since the last revision (1877), had ren- dered much additional legislation necessary. To meet the new condition and requirements of our Capital City, has been the difficult and toilsome task of the present revisers. The plan of the work is, with some modifications^ the same as that of the municipal code of Chicago, of 1881. The general incorporation law, or new charter, is given, with its successive amendments embodied therein, and is supplied with notes and references to decisions of the Illi- nois Supreme Court. Following the general law, and alpha- betically arranged, are quite a number of miscellaneous acts, and parts of acts, relating to the government of cities. Such limited portions of the former charter of the City of Spring- field as continue in force, together with the water-works charter, are also contained in this volume. The general ordinances of the city are, as the law con- templates, consolidated into one ordinance, which is divided into chapters of varying lengths, and these are stib-divided into articles and sections, with appropriate headings, so as to form, as nearly as may be, a systematic and harmonious municipal code. Under the head of Special Ordinances will be found a number of important ordinances, not hitherto published. The index is made as full and complete as practicable, and so arranged, we trust, as to afford easy and ready reference to the various provisions of the statutes and ordinances. With the continued growth and expansion of the city, it is probable that the scope of some of the municipal depart- ments, particularly that of Public Works, will need to be enlarged. PREFACE. 5 While perfection has been aimed at in this revision, yet, from the very nature of the subject or subjects, it is more or less imperfect. Besides, there are minor, though import- i ant, details connected with all legislation and revision, which will escape the attention or scrutiny of the most skillful and vigilant of draughtsmen or legislators ; and hence, the per- fecting of any system or code of laws is the work of time, observation and experience. “If,” as has been observed by a preceding reviser, “the present work is any improvement upon former revisions and compilations, and if it shall aid in making the laws and ordinances of the city more generally known, more accessible to, or more easily comprehended by, those who are con- cerned in their administration or amenable to their pro- visions, then the labor bestowed upon its preparation will not be regretted, — a labor which only those who have been employed in similar tasks can realize, or adequately appre- ciate.” It remains to be said, that the thanks of the revisers are due, and are hereby expressed, to the officers of the city government, and the members of the city council, indi- vidually and collectively, for the interest taken and assist- ance rendered in furtherance of this work. Acknowledgment is also due to Judge B. S. Edwards, and the Hon. Wm. L. Gross, for valuable hints and suggestions. Springfield, III., January, 1884. Digitized by the Internet Archive in 2017 with funding from University of Illinois Urbana-Champaign Alternates https://archive.org/details/springfieldcityc00spri_0 CONTENTS Page. Preface 3 Catalogue of Trustees, Mayors and Aldermen 9 List of Present City Officers 17 Ordinance Authorizing this Publication 20 Statutes Relating to the Government of the City of Springfield 21 An Act to Provide for the Incorporation of Cities and Tillages; in force July 1,1872 21 Miscellaneous Statutes Affecting the Government of Cities 80-135 Portions of the Former Charter of the City of Springfield 136-142 The Water-Works Charter 142 An Ordinance in Revi-ion and Consolidation of the General Ordinances of the City of Springfield 157 Chapter I— The Mayor and His Duties 157 “ II— Legislative Department 159 “ III— Department of Finance 162 “ IV— Department of Public Works 172 “ V— Law Department 181 ‘ ‘ VI— The Police Department 184 “ VII— The Fire Department r. 199 *• VIII— The Health Department 204 “ IX— City Scales, Weights and Measures 210 “ X— Cemeteries and Interments 216 ‘ ‘ XI— Domestic Animals 225 “ XII— Elections 232 “ XIII— Fees and Salaries..... 237 8 CONTENTS Page. Chapter XIY— Fire Limits, Buildings and Fire Escapes 242 “ XV— Fires, Fire-Works and Gunpowder 250 ‘ ‘ XVI— Licenses • 255 “ XVII -Liquors and Liquor Sellers 263 “ XVIII— Misdemeanors, 270 “ XIX— Nuisances 281 “ XX— Officers 286 ‘ ‘ XXI— Ordinances 291 ‘ ‘ XXII— Railroads 294 % ‘ ‘ XXIII— Sewers, Drains, Gas and Water Pipes 299 “ XXIV— Sidewalks 303 “ XXV— Streets and Alleys 309 ‘ ‘ XXVI— Street Lights 314 “ XXVII— Vehicles 316 ‘ ‘ XX VIII— The W ater- W orks , 323 “ XXIX— Miscellaneous Ordinances 338 Amendment to General Ordinance, relating to Railroads 362J4 Special Ordinances 365-411 Appendix 413 Titles of Old State Laws Relating to the Town and City of Springfield 415 Population of the City at Successive Decades 419 Constitution of the State of Illinois 420 General Index 453 Town and City Officers. Catalogue of the Trustees of the Town of Springfield, AND OF THE MaYORS AND AlDERMEN OF THE CiTY OF Springfield, from the organization of the TOWN, IN 1832, TILL 1883, inclusive. BOARD OF TRUSTEES, 1832. Charles E. Matheny, President; Cyrus Anderson, John Taylor, Elisha Tabor, Mordecai Mobley, William Carpenter."^ 1833. Charles E. Matheny, President; t John M. Cabanis, William Carpenter, Samuel Morris, Stephen T. Logan.* 1834. James E. Gray, President; William Carpenter, Ed- mund Eoberts, Nicholas A. Garland, John Owens. 1835. Charles E. Matheny, President; James L. Lamb, James W. Keyes, William Alvey, William Carpenter, Philip C. Latham, Peleg C. Canedy.* 1836. Charles E. Matheny, President; Peleg C. Canedy, Philip C. Latham, James W. Keyes, John F. Eague, George Pasfield.* 1837. Charles E. Matheny, President; Peleg C. Canedy, Philip C. Latham, William Butler, George Pasfield, Joseph Klein.* 1838. Charles E. Matheny, President; Peleg C. Canedj^, Philip C. Latham, Joseph Klein, Samuel H. Treat, William Butler, Samuel H. Treat.* 1839. Charles E. Matheny, President; Peleg C. Canedy, Philip C. Latham, Joseph Klein, Samuel H. Treat, Abraham Lincoln,* Jonas Whitney.* 1840. Peleg (h Canedy, President; Joseph Klein, Jonas Whitney, Philip C. Latham, Abraham Lincoln. *Elected to fill vacancy. 10 TOWN AND CITY OFFICERS. CITY COUNCIL.! 1840. Mayor — Benjamin S. Clements. Aldermen — Ist Ward, James E. Gray; 2d, Joseph Klein; 3d, Washington lies; 4th, William Prentiss. 1841. Mayor — William L. May. Aldermen — 1st Ward, James E. Gray; 2d, Joseph Klein; 3d, Harrison A. Hough; 4th, Stacey B. Opdycke. 1842. Mayor — Dayid B. Campbell. Aldermen — 1st Ward, John Williams ; 2d, William Carpenter ; 3d, Harrison A. Hough; 4th, Stacey B. Opdycke. 1843. Mayor — Daniel B. Hill resigned; Andrew McCor- mick elected. Aldermen — 1st Ward, John Williams ; 2d, William Carpenter; 3d, Enos M. Henkle; 4th, Presley A. Saunders. 1844. Mayor — Andrew McCormack. Aldermen — 1st Ward, Jacob Divelbiss ; 2d, William Carpenter; 3d, Enos M. Henkle ; 4th, Presley A. Saunders. 1845. Mayor — James C. Conkling. Aldermen — 1st Ward, Jacob Divelbiss; 2d, William Carpenter; 3d, Sullivan Conant; 4th, Thomas P, Lauschbaugh. 1846. Mayor — Eli Cook. Aldermen — 1st Ward, John A. Keedy; 2d, William Carpenter; 3d, Sullivan Conant; 4th, Thomas P. Lauschbaugh. 1847. Mayor — Eli Cook. Aldermen — 1st Ward, John A. Keedy ; 2d, William Carpenter ; 3d, John Fenner ; 4th, John W. Priest. 1848. Mayor — Eli Cook. Aldermen — 1st Ward, Jotham S. Eogers ; 2d, Pascal P. Enos; 3d, John Fenner; 4th, John W. Priest. 1849. Mayor — John Calhoun. Aldermen — 1st Ward, Jotham S. Eogers; 2d, Oliver W. Browning; 3d, David Sherman; 4th, John W. Priest. 1850. Mayor — John Calhoun. Aldermen — 1st Ward, Jotham S. Eogers; 2d, Oliver W. Browning; 3d, David Sher- man ; 4th, John W. Priest. tThe town of Springfield was incorporated as a city April 6,1840, the ’original city charter having been on that day submitted to the legal voters of the city, and ratified by a majority thereof; and afterwards, on April 20, 1840, the first election was held for city officers. TOWN AND CITY OFFICERS. 11 1851. Mayor — Jchn Calhoun. Aldermen — 1st Ward, Jotham S. Kodgers, John Williams;* 2d, Oliver W. Browning; 3d, Enos M. Henkle ; 4th, John W. Priest. 1852. Mayor — Wm. Lavely. Aldermen — 1st Ward, Franklin Priest ; 2d, Edward Joyce ; 3d, Enos M. Henkle ; 4th, John W. Priest. 1853. Mayor — Josiah Francis. Alderme^i — 1st Ward, Frank- lin Priest ; 2d, Edward Joyce ; 3d, Samuel Grubb ; 4th, John W. Priest. 18541. Mayor — William H. Herndon. Aldermen — 1st Ward, Thomas Lewis ; Morris Lindsay, Allen Francis ; 2d, William Butler, Charles H. Lanphier, Charles E. Hurst, Benjamin McIntyre ;* 3d, Samuel Grubb, Thomas Eags- dale, Henry Vanhoff, Edmund G. Johns;* 4th, John W. Priest, Eeuben F. Euth, Orson N. Stafford. 1855. Mayor — John Cook. Aldermen — 1st Ward, Allen Fran- cis, Morris Lindsay, Thomas Lewis; 2d, John Connelly, Charles H. Lanphier, Benjamin McIntyre; 3d, Henry B. Grubb, Thomas Eagsdale, Edmund G. Johns; 4th, Henry P. Cone, Julius H. Currier, Orson N. Stafford. 1856. Mayor — John W. Priest. Aldermen — 1st Ward, Allen Francis, Morris Lindsay, M. M. YanDeusen, Consul Sampson;* 2d, Charles H. Lanphier, Charles E. Hurst, John Connelly, Jr. ; 3d, George L. Huntington, Edmund G. Johns, Henry B. Grubb, Thomas J. Dennis ;* 4th, Henry P. Cone, Julius H. Currier, William Harrower. 1857. Mayor — John W. Priest. Aldermen — 1st Ward, Allen Francis, Ealph J. Coats, Consul Sampson ; 2d, Charles H. Lanphier, Charles E. Hurst, John Connelly, Jr. ; 3d, Seth M. Tinsley, Thomas J. Dennis, George L. Hunt- ington ; 4th, William Harrower, Abner J. Allen, Julius H. Currier. 1858. Mayor — John W. Priest. Aldermen — 1st Ward, Allen Francis, Ealph J. Coats, Consul Sampson; 2d, John Connelly, Jr., Charles E. Hurst, Charles H. Lanphier; 3d, Thomas J. Dennis, George L. Huntington, Seth M. Tinsley; 4th, Dudley Wickersham, Abner J. Allen, Wil- liam Harrovv^er. + Prior to 1854 there was but one alderman elected in each ward; the amended charter of that year increased the number to three for each ward, one of whom was elected each year. Elected to fill yacancy. 12 TOWN AND CITY OFFICERS. 1859. Mavor— William Jayne. Aldermen — 1st Ward, Harri- son (j. Fitzhugb, Ralph J. Coats, Allen Francis; 2d, Zimri A. Enos, John Connelly, Jr., John Keefner; 3d, Henry Grubb, Thomas J. Dennis, Seth M. Tinsley; 4th, G. B. Simonds, Dudley Wickersham, W. W. Pease, Samuel Long,* James P. Clarkson.* 1860. Mayor — Goyn A. Sutton. Aldermen — 1st Ward, Ralph J. Coats, Charles Fisher, Harrison G. Fitzhugh ; 2d, John W. Chenery, John Connelly, Jr., Zimri A. Enos; 3d, Daniel Morse, Thomas J. Dennis, Henry B. Grubb ; 4th, Richard Young, G. B. Simonds, Dudley Wicker- sham. 1861. Mayor — George L. Huntington. Aldermen — 1st Ward, John S. Vredenburgh, Ralph J. Coats, Harrison G. Fitzhugh; 2d, Cornelius Ivers, John H. Chenery, Zimri A. Enos; 3d, Christopher C. Brown, Henry B. Grubb, Daniel Morse; 4th, Andrew J. French,' G. B. Simonds, Richard Young. 1862. Mayor — George L. Huntington. Aldermen — 1st Ward, Oliver M. Sheldon, Ralph J. Coats, John S. Yreden- burgh ; 2d, Charles H. Lanphier, John W. Chenery, Cornelius Ivers; 3d, .Henry B. Grubb, Daniel Morse, Christopher C. Brown; 4th, Obed Lewis, Andrew J. French, Richard Young. 1863. Mayor — John W. Smith. Aldermen — 1st Ward, Henry Wohlgemuth, Oliver M. Sheldon, John S. ‘Vredenburg ; 2d, Cornelius Ivers, Charles H. Lanphier, Moses K. Anderson ; 3d, William J. Conkling, Henry B. Grubb, Daniel Morse ; 4th, Andrew J. French, Obed Lewis, Henry C. Myers. 1864. Mayor — John S. Vredenburgh. Aldermen — 1st Ward, Ralph J. Coats, Oliver M. Sheldon, Henry Wohlgemuth ; 2d, William Bishop, Moses K. Anderson, Charles H. Lanphier, C. A. Helmle;* 3d, William S. Curry, Daniel Morse, Henry B. Grubb, Robert Officer,* Wm. W. Lee;* 4th, Peter Berriman, Henry C. Myers, Obed Lewis, Charles Dallman.* 1865. Mayor — Thomas J. Dennis. Aldermen — 1st Ward, Daniei P. Broadwell, Henry Wohlgemuth, Ralph J. Coats ; 2d, Thomas M. Rippon, William Bishop, Moses K. Anderson ; 3d, James D. Brown, Daniel Morse, William S. Curry ; 4th, Charles R. Post, Charles Dall- man, Henry C. Myers. Elected 1o fill vacancy. TOWN AND CITY OFFICEKS. 13 1866. Mayor — John S. Bradford. Alderman — 1st Ward, James M. Logan, Ealph J. Coats, Daniel P. Broadwell, John 0. Eames 2d, William Bishop, Thomas M. Eip- pon, Moses K. Anderson ; 3d, William J. Conkling, James I). Brown, Jackson A. Hough; 4th, Isaac A. Hawley, Charles E. Post, Charles Dallman. 1867. Mayor — Norman M. Broadwell. Aldermen — 1st Ward, Adolphus Schwartz, James M. Logan, John 0. Eames; 2d, John S. Vredenburg, Moses K. Anderson, Thomas M. Eippon ; 3d, Nicholas Strott, William J. Conkling, James D Brown; 4th, W. C. Whitney, Isaac A. Hawley, Charles E. Post. 1868. Mayor — William E. Shutt. Aldermen — Ist Ward, John Carmody, Adolphus Schwartz, James M. Logan; 2d, Edward J. Eafter, John S. Vredenburg, Moses K. Anderson; 3d, James A. Lott, Nicholas Strott, William J. Conkling; 4th, Henry Loosely, W. C. Whitney, Isaac A. Hawley. 1869. Mayor — Norman M. Broadwell. Aldermen — 1st Ward, Frank Hudson, Jr., John Carmody, William Clark; 2d, George M. Brown, Edward J. Eafter, John S. Vreden- burgh; 3d, John S. Bradford, James A. Lott, Nicholas Strott; 4th, Eeddick M. Eidgely, W. C. Whitney, Henry Loosely, Obed Lewis.* 1870. Mayor — John W. Priest. Aldermen — 1st Ward, Frank W. Tracy, Frank Hudson, Jr., John Carmody; 2d, Hobart T. Ives, George M. Brown, Edward J. Eafter, Moses K. Anderson ;* 3d, Henry N. Alden, John S. Bradford, James A. Lott ; 4th, August Leneger, Eeddick M. Eidgely, Obed Lewis. 1871. Mayor — John W. Smith. Aldermen — 1st Ward, Ealph J. Coats, Frank W. Tracy, Frank Hudson, Jr. ; 2d, Charles A. Helmle, Hobart T. Ives, Maurice Fitzgerald ; 3d, H. S. Dickerman, Henry N. Alden, John S. Brad- ford ; 4th, Lyman Sherwood, Obed Lewis, Eeddick M. Eidgely. 1872. Mayor — John W. Smith. Aldermen — 1st Ward, Louis Eosette, Ealph J. Coats, John W. Stultz ; 2d, Maurice Fitzgerald, Charles A. Helmle, Hobart T. Ives ; 3d, Leonidas H. Bradley, H. S. Dickerman, Henry N. Alden ; 4th, William G. Parker, Lyman Sherwood, Obed Lewis. Elected to fill vacancy. 14 TOWN AND CITY OFFICERS. 1873. Mayor — Charles E. Hay. Aldermen — 1st Ward, Kich- ard Eoderick, Louis Eosette, Ealph J. Coats ; 2d, Zimri A. Enos, Maurice Fitzgerald, Charles A. Helmle ; 3d, Tingley S. Wood, Leonidas H. Bradley, H. S. Dicker- man; 4th, Joseph W. Lane, William H. Hummell, William G. Parker. 1874. Mayor — Obed Lewis. Aldermen' — 1st Ward,_ Manuel De Souza, William Hunter, Thomas Howey, Hiram 0. Bolles 2d, Frank Eeisch, Jr., Zimri A. Enos, Maurice Fitzgerald; 3d, Thomas G. Prickett, Tingley S. Wood, Leonidas H. Bradley, Ninian W. Edwards ;* 4th, Edmund J. Scanlau, William G. Parker, Michael Eiefler; 5th, Eichard Eoderick, Frank Hudson, Jr., Louis Eosette ; 6th, John T. Ehodes, Joseph W. Lane, H. S. Dickerman. 1875. Mayor — Charles E. Hay. Aldermen — 1st Ward, George W. Krodell, Manuel De Souza, Hiram 0. Bolles ; 2d, William J. Flynn, Frank Eeisch, Jr., Zimri A. Enos ; 3d, Thomas C. Mather, Thomas G. Prickett, Tingley S. Wood ; 4th, George McCutcheon, Edmund J. Scanlan, Michael Eiefler; 5th, William H. Staley, Frank Hud- son, Jr., Eichard Eoderick; 6th, John Mayo Palmer, John T. Ehodes, Joseph W. Lane. 1876. Mayor — William Jayne. Aldermen — 1st Ward, John 0. Piper, George W. Krodell, Manuel De Souza ; 2d, Frederick Walther, William J. Flynn, Frank Eeisch, Jr. ; 3d, William Sands, Thomas C. Mather, Thomas G. Prickett ; 4th, William White, George E. Hough, Edmund J. Scanlan; 5th, Charles Fisher, William H. Staley, Frank Hudson, Jr. ; 6th, James C. Conkling, John Mayo Palmer, John T. Ehodes. 1877. Mayor — William Jayne. Aldermen — 1st Ward, Manuel Alfonso, John 0. Piper, George W. Krodell; 2d, Alfred Orendorff, Frederick Walther, William J. Flynn; 3d, James W. Smith, William Sands, Thomas C. Mather; 4th, Edmund J. Scanlan, William White, George E. Hough ; 5th, John 0. Eames, Charles Fisher, William H. Staley; 6th, John T. Ehodes, James C. Conkling, John Mayo Palmer. 1878. Mayor — John A. Vincent. Aldermen — 1st Ward, John E. Eosette, Manuel Affonso, John 0. Piper; 2d, Joseph Trutter, Dennis O’Brien, Alfred Orendorff; 3d, Byron W. Ayers, James W. Smith, William Sands ; 4th, Fred. * Elected to fill vacancy. TOWN AND CITY OFFICERS. 15 McCarthy, Edmund J. Scanlan, William White; 5th, William H. Staley, John 0. Rames, Charles Fisher; 6th, Christian Wolf, John T. Rhodes, James C. Conkling. 1879. Mayor — Robert L. McGuire. Aldermen — 1st Ward, John Brennan, John E. Rosette, Manuel Affonso ; 2d, Rudolph Hellweg, Dennis O’Brien, Alfred Orendorff* ; 3d, Joseph Wallace, Byron W. Ayers, James W. Smith; 4th, Richard O’Donnell, Fred. McCarthy, Edmund J. Scanlan ; 5th, Edward S. Johnson, William H. Staley, John 0. Rames ; 6th, Elon P. House, Christian Wolf, John T. Rhodes. 1880. Mayor — Horace C. Irwin. Aldermen — 1st Ward, Anto- nia Vieira, John Brennan, John E. Rosette; 2nd, James Williams, Rudolph Hellweg, Dennis O’Brien; 3d, Henry B. Grubb ; Joseph Wallace, Byron W. Ayers ; 4th, George Kern, Richard O’Donnell, Fred. McCarthy ; 5th, William C. Wood, Edward S. Johnson, William H. Staley; 6th, John T. Rhodes, Elon P. House, Christian Wolf.* 1881. Mayor— Zoim McCreery. Aldermen — 1st Ward, John Foster, Antonia Vieira, Frank Jacoby; 2d, George Rit- ter, James Williams, John Fitzgerald; 3d, James W. Smith, Henry B. Grubb, Joseph Wallace ; 4th, Bartley Conlon, George Kern, Richard O’Donnell; 5th, John 0. Rames, Edward S. Johnson; 6th, William Drake, John T. Rhodes, Hyppolite Fayart. 1882. f Mayor — A. N. J. Crook. Aldermen — 1st Ward, John Foster, Frank Jacoby; 2d, William Baker, George A. Ballou; 3d, George Ritter, John Fitzgerald; 4th, J. W. Carter, John Hopper; 5th, John T. Rhodes, Frank Fleury; 6th, Edmund J. Scanlan, Martin Sprague; 7th, Fred. Gehring, John J. Kelly. * Resigned; vacancy not filled. t The Mayor, Aldermen and other elective officers for the above year, were elected at a special election held May 9, 1882. PRESENT OFFICERS OF THE CITY COYERNMENT Oi’ THE CITY OF SPRINGFIELD. Mayor, JOHN McCEEERY. City Clerk, BEN. F. TALBOTT. Members of the City Council, First Ward: William Daughton, ' Second Ward: Wm. D. Baker, Third Ward: August Kessberger, Fourth Ward: Geo. N. Black, Fifth Ward: Edward A. Hall, Sixth Ward: Edmund J. Scanlon, Seventh Ward: John L. Phillips, John Foster. Geo. a. Ballou, John Fitzgerald. Jas. W. Carter. Frank Fleury. Thomas White. John J. Kelly. City Officers. City Comptroller City Treasurer City Collector City Attorney City Engineer Superintendent of Police.. Superintendent of Streets. City Weighier Fire Marshal Prison Keeper —2 .John C. Lanphier. .Presco Wright. .Fred. Gehring. .Albert Salzenstein. S, A. Bullard. .William Maloney. .Michael Doyle. .John B. Lowry. .Thomas Dunn. .Jacob Alyea. Board of Education, Chakles E. Hay F. 11. Feitshans A. H. Tkapp, A. A. Coats, J. T. Capps, William Dpake, President. Secretary. E. L. Mereitt, C. A. Helmle, David S. Ives, John O. Rames. Board of Health. John McCeeeey, ex officio Ben. F. Talbott J. L. Million, M. D., B. M. Griffith, M. D., Geo. W. Morgan, M. D., President. Secretary. V. T. Lindsay, M. D., J. W. Reilly, M. D., Frank B. Smith, M. D. Water Commissioners. H. 0. Bolles. R. D, Lawrence, Obed Lewis, L. R. Brown Secretary. Board of Managers Oak Eidge Cemetery. H. WoLGEMUTH, M, D President. Ben. F. Talbott Secretary. Obed Lewis, James W. Patton, Isaac Keys, Dudley Wickersham. William F. Bickes Sexton. STATUTES AND ORDINANCES. An Ordinance PROVIDING FOE THE PUBLICATION OF THE LAWS AND ORDINANCES OF THE CITY OF SPRINGFIELD. Be it ordained hy the City Council of the City of Springfield, Illinois: Secticn 1. That the ordinances and laws governing said city, including the ordinance entitled “An Ordinance in Revision and Consolidation of the General Ordinances of the City of Springfield,” passed November 16, 1883, and approved November 17, 1883, as revised and codified by Joseph Wallace and James W. Patton, be, and the same are hereby, ordered printed and published in book form, to be styled “The Springfield City Code.” Sec. 2. This ordinance shall'take effect and be in force from and after its passage. Passed Nov. 16. 1883. Approved Nov. 17, 1883. JOHN McCREERY, Mayor. STATE OF ILLINOIS. 1 Sangamon County, Vss. City of Springfield. ) I, Ben. F. Talbott, City Clerk of the City of Springfield, do hereby certify that the above and foregoing is a true copy of an ordinance entitled “An Ordinance Providing for the Publication of the Laws and Ordinances of the City of Springfield,” passed by the City Council of said city, November 16, 1883. I further certify that the original ordinance, of which the foregoing is a certified copy, is by law intrusted to my custody for safe keeping, and is on file in my office. Witness my hand and the corporate seal of said city, this 28th day of Novem- ber, 1883. J SEAL OF THE I ’ BEN. F. TALBOTT, I CITY OF SPRINGFIELD. ) (j^y Clerk. STATUTES RELATING TO THE GOVEKNMENT OF THE CITY OF SPEINGFIELD. AN ACT TO PROVIDE FOR THE INCORPORATION OF CITIES AND VILLAGES. [Approved April 10, 1872; in force July 1, 1872.] Adopted by the city of Sprinsrfleld, at an election held April 4, 1882, and de- clared by the city council April 6, 1882. Be it enacted by the People of the State of Illinois, npie- sentecl in the General Assembly, as folloios: Article I. THE ORGANIZATION OF CITIES. 1 . How a city may adopt this act.] Sec. 1. That any city now existing in this State may become incorporated under this act in the manner following: Whenever one-eighth of the legal voters of such city, voting at the last preceding municipal election, 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 at the next ensuing municipal elec- tion of such city, or on the third Tuesday of April, as pro- vided for in article four (4) of said act, for holding municipal elections: Provided, there shall be sufficient time interven- ing to give the notice required by law.^ [As amended by act approved and in force Februrary 26, 1881. 1. Vide Glencoe vs. People, 80 111., 382; Chicago vs. People, 80 111,, 496. 22 STATUTES KELATING TO 2. Notice of election.] § 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 with- in such city; but if no newspaper is published therein, then by posting at least five copies of such notice in each ward. 3. J'he ballots — 7'esult.] § 3. The ballots to be used at such election shall be in the following form : “For city organization under general law,” or “Against city organiza- tion 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 canvass to be entered on 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.^ 4. How toivns may become cities.] § 4. Any incorporated town or village in this State, having a population of not less than one thousand (1,000) inhabitants, may become incor- porated as a city in like manner as hereinbefore provided ; but in all such cases the president and board of trustees of such town or village shall, respectively, perform the same duties relative to such change of organization as is above required to be performed by the mayor and council of cities. [As amended by act approved May 25, 1877. 5. Organizing a city — petition — election — result,] § 5. Whenever any area of contiguous territory in this State, not exceeding four square miles, shall have resident thereon a population 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 1. The mode of contesting such election is indicated in Dickey vs. Reed, 78 111., 382. (a) For effect of change of organization upon offices, see The People vs Brown, 83 III., 95; also, Crook vs. The People ex rel.. 106 III., 237. THE CITY OF SPKINGFIELD. 23 residing within such limits, wdiether 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 deter- mine such question; and such judge shall name the persons 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 can- vassed 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 organiza- tion under general law,” the inhabitants of such territory described in such petition shall be deemed to be incorpor- ated as a city, under this act, and with the name stated in such petition, [See post § 176. 6 . Courts to take judicial notice of organization, etcf] § 6 . All courts in this State shall take judicial notice of the ex- istence of all villages and cities organized under this act, and of the change of 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 organ- ization, the provisions of this 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 continue in force and applicable to any such city or village the same as if such change of organization had not taken place. ^ 7 . _ Election of officers.] § 7. It shall be the duty of the president and board of trustees 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 holding 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 elec- tion. Such president and trustees shall appoint the judges and clerks to hold such election, canvass the returns there- of, and cause the result to be entered upon the records of the town ; and the provisions of this act relative to the 1. As to when courts will take notice of change of organization, see Brush vs. Lemma, 77 111., 496. (a) The question as to the organization of a city can only be raised by a direct proceeding in the nature of a quo warranto against its officers. Sheriden vs.'Colvin, 78 111., 242. (b) A city, having adopted the general law, is governed by and bound by all subsequent amendments made to such law. Guild vs. Chicago, 82 111., 472. 24 STATUTES RELATING TO election of city officers shall be applicable thereto ; but, at such election, aldermen may be elected on a general ticket. 8 . When county judge to give notice of election, etc.'] § 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 canvassing such returns, shall call to his assistance two justices of the peace. 9 . Term of first officers.] § 9. The city officers elected under either of the preceding sections shall hold their re- spective offices until the next succeeding regular election of such officers, respectively, and until their successors are elected and qualified, as provided in this act. 10 . Corporate name — powers.] § 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 cor- porate purposes, have a common seal, and change the same at pleasure, and exercise all the powers hereinafter con- ferred.^ 11 . Prior ordinances, etc., in force until, 'etc.] § 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, notwith- standing such change of organization; and the making of such change of organization shall not be construed to effect a change in the legal identity, as a corporation, of such city or town.^ 12 . Rights, etc., of old corporation to vest in new.] § 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 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 1. Contracts of public corporations, made through their officers without authority of law, are void. Miller vs. Goodwin, 70 111., 059. (a) Work done outside of a special contract, by direction of a city where there is such a contract, may be recovered ot the city. Sanger vs. Chicago, 65 111., 510. (5) A city is not liable for the support of paupers. Burke vs. Monroe county, 77 111., 613. (e) It may be compelled by mandamus to put its streets in repair. People vs. City of Bloomington, 63 111., 207. (d) Execution cannot issue against a city. Elgin vs. Eaton, 83 111., 535. 2. Effect of re-organization under general law upon prior powers and ordi- nances under special charter. City of Cairo vs. Bross, 101 111., 475. THE CITY OF SPBINGFIELD. 25 the time of so becoming incorporated under this act, and no suit or prosecution of any kind, shall be affected 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. 13. Record of residt of election.] § 13. The corporate authorities of any city or village which may become organ- ized under this act, shall within three months after organi- zation hereunder, cause 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, showing 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 author- ities 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. 14. City register's offiee abolished.] § 14. If any city organized, or which may hereafter organize, under this act, shall have had by the terms and provisions of its special charter, a city register’s office or other office in which deeds, mortgages or other instruments were required or authorized by law to be recorded in lieu of recording the same in the recorder’s office in the county where said city was situated, such city register’s office or recorder’s shall be discontinued under this act, and the city register or recorder or other officer having the custody of the records, books and papers pertaining to such city register or recorder’s office, shall deposit such records and books and papers in the office of the recorder of deeds of the county in which such city is situated, and shall take the receipt of the recorder of deeds therefor, and such records and books and papers shall from thereafter be deemed and held for all purposes a part of the records of the recorder’s office of such county, and shall have like legal effect as if the same had been originally a part of the records of such county recorder’s office, for all purposes whatsoever, and the same, or certified transcripts made therefrom, shall have like force and effect as evidence as other records of said recorder’s office. [This section added to said act by amendment, approved May 15, 1879. 1. Such new corporation is subject to the liabilities of the prior corporation which it absorbs and is a continuation thereof. Olney vs. Harvey, 50 111,, 453. 26 STATUTES RELATING TO Article II. OF THE MAYOR. 15. Mayor— his qualifications.'] § 1. The chief executive officer of a city shall be a mayor, who shall be a citizen of the United States, a qualified elector, reside within the city limits, and hold his office for two years, and until his suc- cessor is elected and qualified. 16. Vacancy one year or over.] § 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. 17. Vacancy less than year.] § 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. 18. Mayor pro tern.] § 4. During a temporary absence or disability of the mayor, the city council shall elect one of its number to act as mayor pro tein., who, during such absence or disability, shall possess the powers of mayor.^ 19. Vacancy hy removal from city.] § 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 vacated. 20. Mayor to preside — casting vote.] § 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. 21. When he may remove officers.] § 7. The mayor shall have power to remove any officer appointed by him, on any formal 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 a meeting to be held not less than five days nor more than ten days after such removal ; and if the mayor shall fail, or refuse to file with the city clerk a statement of the reasons for such removal, or if the council, by a two-third (f) vote of all its members authorized by law to be elected, by yeas and nays to be entered upon its record, disapprove of such removal, such officer shall thereupon become restored to the office from which he was so removed ; but he shall give new bonds and take a new oath of office. No officer shall be removed a second time for the same offense. [As amended by act approved May 31, 1879. 1. The powers of the city council can not be delegated to the mayor by ordinance. Kinmundy vs. Mahan, 72 111,, 463; Jackson County vs. Brush, 77 111., 5fl. THE CITY OF SPRINGFIELD. 27 22. His power to keep peace.'] § 8. He may exercise, within the city limits, the powers conferred upon sheriffs to suppress disorder and keep the peace. [See post § 84. 23. Release of prisoners.] § 9. He may release any per- son imprisoned for violation of any city ordnance, and shall report such release, with the cause thereof, to the council at its first session thereafter. 24. General duties.] § 10. He shall perform all such duties as are or may he prescribed by law or by the city ordinances, and shall take care that the laws and ordinances are faithfully executed. 25. Power to examine records, etc.] § 11. He shall have power at all times to examine and inspect the books, records and papers of any agent, employe or officer of the city. 26. Messages to council.] § 12. The mayor shall, annu- ally, 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. 27. To call out militia, etc. — riots, etc.] § 13. He shall have power, when necessary, to call on every male inhabit- ant 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 command of the governor as commander-in-chief of the militia. 28. Misconduct, etc., of mayor or other officer — penalty.] § 14. In case the mayor or any other municipal officer shall be guilty of a palpable omission of duty, or shall willfully and corruptly be guilty of oppression, malconduct or mis- feasance in the discharge of the duties of his office, he shall be liable to indictment in any court of competent jurisdic- tion, and, on conviction, shall be fined in a sum not exceed- ing $1,000; and the court in which such conviction shall be had shall enter an order removing such officer from office. 29. Revising ordinances after change of organization.] § 15. He may appoint, by and with the advice 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 govern- ment of such city, the compensation of such reviser or revisers to be determined and fixed by the city council and paid out of the city treasury. 28 STATUTES EELATING TO Article III. OF THE CITY COUNCIL. 30 . Council — hoiv composed.] § 1. The city council shall consist of the mayor and aldermen. 31 . Number of aldermen.] § 2. The number of aldermen, when not elected by the minority representation plan, shall be as follows: In cities [of] not exceeding three thousand inhabitants, six aldermen ; exceeding three thousand but not exceeding five thousand, eight aldermen; exceeding five thousand and not exceeding ten thousand, ten aldermen; exceeding ten thousand and not exceeding thirty thousand, fourteen aldermen; and two additional aldermen for every twenty thousand inhabitants over thirty thousand : Provided, however, that in cities of over 100,000 inhabitants, there shall be elected thirty-six aldermen and no more. [See post § 176. 32 . Term of office.] § 3. Aldermen shall hold their office for the term of two years, and until their successors are elected and qualified. 33 . Vacancy.] § 4. If any vacancy shall occur in the office of alderman by death, resignation or removal, such vacancy shall be filled by election. 34 . Qualification of aldermen.] § 5. No person shall be eligible to the office of alderman unless he shall be a quali- fied elector, and reside within the ward for which he was 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 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 govern- ment ; nor shall he be either directly or indirectly, individu- ally, or as a member of a firm, engaged in any business transaction (other than official) with such city, through its mayor or any of its authorized boards, agents or attorneys, whereby any money is to be paid, directly or indirectly, out of the city treasury to such member or firms. 35 . Council judge of its members.] § 6. The city council shall be judge of the election and qualification of its own members. THE CITY OF SPEINGFIELD. 29 36 . Rxdes—expulsion — bribery. ] § 7. It shall determine its own rules of proceeding, punish its members for dis- orderly 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 councilman who shall have been convicted of bribery, shall thereby be deemed to have vacated his office. 37 . Quorum — compelling attendance.'] § 8. A majority of the aldermen shall constitute a quorum for to do busi- ness, 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. 38 . Meetings.] § 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. 39 . Chairman, pro tern.] § 10. It may elect a tem- porary chairman in the absence of the mayor. 40 . Open doors.] § 11. It shall sit with open doors. 41 . Journal.] § 12. It shall keep a journal of its own proceedings. 42 . Yeas and nays — record — vote required.] § 13. The yeas and nays shall be taken upon the passage of all ordi- nances, 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 mem- ber, which shall be entered on the journal of its proceed- ings ; 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 re- quire two-thirds of all the aldermen elect to sell any city or school property. 43 . Not to rescind vote at special meeting unless, etc.] § 14. No vote of the city council shall be reconsidered 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. 44 . When report laid over.] § 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. 45 . Territorial jurisdiction.] § 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 30 STATUTES RELATING TO the purpose of enforcing health and quarantine ordinances and regulations thereof. [See post § 72 and 171. 46 . Special meetings.'] § 17. The mayor, or any three aldermen, may call special meetings of the city council. 47 . Ordinances — approved — veto.] § 18. All ordinances passed by the city council shall, before they take effect, be deposited in the office of the city clerk; and if 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 occurring not less than five days after the pass- age 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 resi- due thereof shall take effect and be in force. But in case the mayor shall fail to return any ordinance, with his ob- jections thereto, by the time aforesaid, he shall he deemed to have approved such ordinance, and the same shall take effect accordingly. 48 . Reconsideration — passing over veto.] § 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 IV. ELECTIONS. 49 . Annual election.] § 1. A general election for city officers shall be held on the third Tuesday of April of each year: Provided, that in cities which include wholly within their corporate limits a town or towns, such elections shall be held on the first Tuesday of April. [As amended by act approved and in force March 9, 1877. 50 . Election of mayor, city clerk, attorney and treasurer.] § 2. At the general election held in 1877, and biennially thereafter, a mayor, a city clerk, a city attorney and a city treasurer shall be elected in each city: Provided, that no person shall be elected to the office of city treasurer for two terms in succession. [iVs amended by act approved and in force March 26, 1877. THE CITY OF SPEINGFIELD. 31 51 . Who entitled to vote.] § 3. All persons entitled to vote at any general election for State officers within any city or village, having resided therein thirty days next pre- ceding thereto, may vote at any election for city or village officers. 1 52 . Wards.] § 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 popu- lation of each shall be as nearly equal, and the ward shall be of as compact and contiguous territory, as practicable. 53 . Aldennen at first election — classified.] § 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 aldermen elected shall be divided, by lot, into two classes: those of the first class shall continue in office for one ’year, and those of the second for two years. And upon -any increase of the number of aldermen, at their first elec- tion, one-half shall be elected for one year, and one-half for two years. 54 . Minority representation.] § 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 representation in the city council or legislative authority of such city. At the said election the ballot shall be in the following form : “For minority representation in the city council,” or “Against minority representation in the city council,” and at any sub- sequent time, on petition of the legal voters equal in num- ber to one-eighth the number of legal votes cast at the next preceding general city election, the city council shall cause the question of minority representation to be submitted to the legal voters of said city, and the ballots shall be in form as provided in this section : Provided, that no such question of representation shall be submitted more than once in every two years. 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 canvass to be entered on the records of such city. If a majority of the votes cast at such election shall be “For equal representation in the city council,” then the members of the city council or legislative authority of such city shall be thereafter elected in the following manner: The council 1. See “Elections,” chap. 46, §§ 65, 66, Rev. Stat. fHurd) 1883. 32 STATUTES RELATING TO 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 dividing 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 representa- tion in the city council. Districts shall be formed of con- tiguous and compact territory, and contain, as near as practicable, an equal number of inhabitants : And, provided, further, that where said council or legislative authority of such city have not fixed a ratio of representa- tion and formed the districts or wards at the time above specified, the same may be done by any subsequent board of aldermen ; but all official acts heretofore done, and ordi- nances heretofore passed by any board of aldermen elected at large by the legal electors of any such city on the minority representation plan, shall be held and taken by all courts in this State to be of as much validity and binding force as if they had been elected from wards or districts. [As amended by act approved and in force April 1, 1883. 55 . Aldermen under minority plan.] § 7. Every such district shall be entitled to three aldermen, who shall hold their office for two years, and until their successors shall be elected and qualified. At the first general election for mayor, after the passage of this act, and every two years thereafter, there shall be elected in each ward as many aldermen as such ward shall be entitled to : Provided, that aldermen elected under this act, in wards wherein aldermen were elected for two years at [the] last previous annual election, shall not take their seats as such until the terms of the aldermen last aforesaid shall expire. Vacancies shall be filled at an election to be held by the voters of the dis- trict in which such vacancies shall occur, at the time to be designated by the city council. In all elections for aider- men aforesaid, each qualified voter may cast as many votes as there are aldermen to be elected in his district, or may distribute the same, or equal parts thereof, among the can- didates, as he shall see fit, and the candidate highest in votes shall be declared elected. [As amended by act ap- proved and in force April 1, 1883. 56 . Aldermen ivhen minority plan not adopted.] § 8. If a majority of the votes cast at such election shall be “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. THE CITY OF SPRINGFIELD. 33 57 . Place of election — notice.] § 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 tiie offi- cers to be elected, for at least twenty days prior to such election. 58 . Manner of conducting elections, etc.] § 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 same 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 re- turned, 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 statement thereof to be entered upon its journals. 59 . Result — tie.] § 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 the presence of the city council or board of trustees, in such manner as they shall direct, which candidate or candidates shall hold the office. 60 . Notice to 'persons elected or appointed.] § 12. It shall be the duty of the village or city clerk, within five days after the result of the election is declared or appoint- ment is made, to notify all persons elected or appointed to office of their election or appointment, and unless such per- sons shall respectively qualify in ten days after such notice, the office shall become vacant. 61 . When no quorum in office — special election.] § 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. 62 . Special election.] § 14. If there is a failure to elect any officer herein required to be elected, or the person elected —3 84 STATUTES RELATING TO 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, and provide by ordinance for the mode of conducting the same ; and shall give notice of such special elections, 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 V. OF THE POWERS OF THE CITY COUNCIL. 63 . § 1 . The city council in cities, and president and board of trustees in villages, shall have the following powers : First — To control the finances and property of the corpor- ation. ( Second — To appropriate money for corporate purposes only, and provide for payment of debts and expenses of the corporation. 1 [See post § 90. Third — To levy and collect taxes for general and special purposes on real and personal property. [See post §§ 112, 172. Fourth — To fix the amount, terms and manner of issuing and revoking licenses.^ Fifth — To borrow money on the credit of the corporation for corporate purposes, and issue bonds therefor, in such amounts and form, and on such conditions as it shall pre- scribe, 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 colleclion of a direct annual tax sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the prin- cipal thereof within twenty years after contracting the same. [See §§ 91, 170. 1. This clause was doubtless intended to prevent appropriating money for public entertainments or donations, so liable to abuse. Petersburg vs. Mappin, 14 111,, 193, Perry vs. Kinnear. 42 111., 160. (a) Corporate purposes defined. Taylor vs. Thompson, 42 111., 9. 2. Such ordinances must be reasonable. Under the power to “license, tax,” etc., the city council could, by ordinance, authorize the mayor to revoke license for cause: and if the license so states, the person accepting it cannot complain that it is revoked without judicial process. Wiggins r.s. City of Chi- cago, 68 111., 372; Schwuchow vs. Chicago, 68 111., 445. (h) Under the general incorporation law, a city organized under its pro- visions has no power to require merchants to take out a license. City of Cairo vs. Bross. 101 111., 476. THE CITY OF SPRINGFIELD. 35 Sixth— To issue bonds in place of, or to supply means to meet, maturing bonds, or for the consolidation or funding of the same.i 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.*'^ Elfthth — To plant trees upon the same. Ninth — To regulate the use of the same. Tenth — To prevent and remove encroachments or obstruc- tions 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 gas lights : Provided, however, that any company heretofore organized under the general laws of this State, or any asso- ciation or 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 (subject 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 or other obstructions. Fifteenth — To regulate and prevent the throwing or deposit- ing of ashes, offal, dirt, garbage or any offensive matter in, and to prevent injury to, any street, avenue, alley or public ground. 1. Bonds issued without authority or sanction ot law are void; but if issued with authority, though irregularly, an innocent holder may collect them. If void, no subsequent recognition can estop a taxpayer from resisting their col- lection. Ryan vs. Lynch, 68 111., 160; Livingston Co. vs. Weider, 64 111,, 427. See numerous other decisions. 2. Municipal authorities are the exclusive judges of the propriety and necessity of widening or laying out a street. Dunham vs. Viliage of Hyde Park, 75 111., 371. (a) A city is liable for special damages occasioned by changing grade of street. City of Shawneetown vs. Mason, 82 111., 337; City of Elgin vs. Eaton, 83 III., 535. And for injuries by defective sidewalk. City of Springfield vs. Doyle, 76 111., 262. ib) A city is not liable for exemplary damages. Kelly vs. City of Chicago, 69 111., 475; (hty of Chicago vs. McGiven. 78 III., 347. When city has a remedy over. Gridley vs. City of Bloomington, 68 III, 47. 3. Obstructions or defects in streets or sidewalks of a town or city, to make the corporation liable for injuries occasioned thereby, must be of such a nature that they are in themselves dangerous, or such that a person exercising ordi- nary prudence can not avoid danger or injury in passing them. City of Quincy vs. E. B. Barker, 81 III.. 300. 4. Respecting the duty and liability of a city to light its streets. See Free- port vs. Isbell, 83 111 , 440. 36 STATUTES RELATING TO 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, telegraph poles, horse troughs, racks, posting handbills and advertisements. [See post § 331. 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, sidewalks and public places. Twenty-first — To regulate the speed of horses and other animals, vehicles, cars and locomotives, within the limits of the corporation. 1 [See post § 301. Tiventy-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, constructing or laying a track of any horse railroad in any street, alley or public place; but such permission shall not be for a longer time than twenty years. [See post, ninetieth clause of this section. 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 con- struct cattle guards, crossings of streets and public roads, and keep the same in repair within the limits of the corpo- ration. 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 insti- tuted before any justice of the peace, or other court of com- petent jurisdiction. Twenty-seventh— To require railroad companies to keep 'flag- men 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 1. An ordinance regulating the speed of trains is proper evidence on the a uestion of negligence when a collision has taken place. T., W. & W. Ry. o. vs. O’Conner. 77 III., 392. (a) Recovery may be had when animal is running at largo contrary to ordinance, where train is running at prohibited speed. I. & St. L. R. R. Co. vs. Peyton, 7(i 111., 340. THE CITY OF SPRINGFIELD. 37 railroad track 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 highway, 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.^ Tiventy-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 cess-pools, 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 and landing of all water craft and their cargoes, within the jurisdiction of the corporation. Thirty-fifth — To license, regulate and prohibit wharf-boats, 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 or using any public land- ing place, wharf, dock or levee within the jurisdiction of the corporation. Thirty-eighth — To make regulations in regard to the use of harbors, towing of vessels, opening and passage 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 1. Railroad companies are liable under ordinances for wrongfully obstruct- ing the streets of a town. I. C. R. R. Co. vs. Galena, 40 111., 344; P., P. & W. R. R. Co. vs. Chenoa, 43 id. 209. (a) Where a railroad company lays its track in a street by permission of the city, if a special injury is thereby done to the property of a citizen, he may recover again.st the railroad. City of Pekin vs. Winkel, 77 111. 58; C.. P>. & Q. R. R. Co. vs. McGinnis, 79 111., 269. City is liable for act of railroad company under a license from it to fill up street, for thereby making access to lot more diffi- cult. City of Pekin vs. Winkel, 77 111., 56. (h) Watchman absent from his post— negligence. St. L., V. & T. H. R. R. Co. vs. Dunn, 78 111., 197. 38 STATUTES RELATING TO of ponds on private property, whenever necessary to prevent or abate nuisances. Forty-first — To license, tax, regulate, suppress and pro- hibit hawkers, peddlers, pawnbrokers, keepers of ordinaries, theatricals and other exhibitions, shows and amusements, and to revoke such license at pleasure. Forty-second — To license, tax and regulate hackmen, dray- men, omnibus drivers, carters, cabmen, porters, expressmen, and all others pursuing like occupations, and to prescribe their compensation.^ 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 sup- press 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 gaming and gambling houses, lot- teries, and all fraudulent devices and practices for the pur- pose of gaming or obtaining money or property ; and to pro- hibit the sale or exhibition of obscene or immoral publications, 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 mu- nicipal 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 purposes only, subject to forfeiture, and under such restric- tions and regulations as may be provided by ordinance : Provided, further, that in granting licenses such corporate authorities shall comply with whatever general law of the State may be in force relative to the granting of licenses.^ [See jpost “Dram Shops,” §§ 236, 237, 238. 1. This provision is restricted to persons pursuing such occupation for hire. Farvvell vs. City of Chicago, 71 III., 270; City of Collinsville vs. Cole, 78 III., 115. 2. A town cannot give its ordinances extra territorial effect, except so far as clearl v authorized so to do by the legislature. Strauss vs. The Town of Pon- tiac. 40 111., 801. 3. A license under the U. S. revenue law alone, does not authorize a party to sell liquors bv retail. Block vs. Jacksonville, 36 III., 301; Downham vs. Alex- ander, 10 Wall. U. S. R.. 173. (a) The punishment for unlawful sale of liquors should be by fines under the power to license, regulate and prohibit, where a grocery is not declared by ordinance'a nuisance. Pekin vs. Smelzel, 21 111., 464. {h) If a city refuses, rightfully or wrongfully, to grant a license, the person has no right to sell without it. Kadghin rs. Bloomington, 58 111., 229. [See next page for notes (c) and (d). THE CITY OF SPRINGFIELD. 39 Forty -seventh — The foregoing shall not be construed to affect the provisions of the charter of any literary institution here- tofore 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 in- toxicating, malt, vinous, mixed or fermented liquor to any minor, apprentice or servant, 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 other provisions, and to provide for the place and manner of selling the same. [See yost § 256. Fifty-first — To prevent and punish forestalling and regrat- ing. ‘ Fifty-second — To regulate the sale of bread in the city or village ; prescribe the weight and quality of the bread in the loaf. Fijty -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 merchandise. 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 con- struction 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, shall have power to prescribe the limits within which wooden buildings shall not be erected, or placed or repaired, without permission, and to direct that all and any buildings (c) The charges for license for selling liquor in different parts of a city, need not he the same. Such license is not a tax requiring uniformity. East St. Louis vff. Wehrung, 46 111., 392: Ducat vs. City of Chicago, 48 III, 181. (d) Where a person tak^s out a license to keep a dram shop, and gives the proper bond, before the city can maintain an action against him for carrying on his business without license, it must revoke the license and return him his money. Martel vs. East St. Louis, 94 111., 67, 40 STATUTES RELATING TO 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 damages. 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 or manufactory, and to cause the same to be re- moved or placed in a safe condition, when considered dan- gerous ; to regulate and prevent the carrying on of manu- factories, 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 imple- ments for prevention and extinguishment of fires, and pro- vide for the use and management of the same by volun- tary fire companies or otherwise. Sixty-fifth — To regulate and prevent storage of gun powder, tar, pitch, resin, coal oil, benzine, turpentine, hemp, cotton, nitro-glycerine, petroleum, or any of the products thereof, and other combustible or explosive material, and the use of lights in stables, shops and other places, and the building o’f bonfires; also to regulate and restrain the use of fire- works, fire-crackers, torpedoes, roman candles, sky-rockets, 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 su- perintendent of police, policemen and watchmen. Sixty-ninth — To establish and erect calabooses, bridewells, houses of correction and work houses, for the reformation and confinement of vagrants, idle and disorderly persons, and persons convicted of violating any city or village ordi- nance, and make rules and regulations for the government of the same, and appoint necessary keepers and assistants. Seventieth — To use the county jail for the confinement or punishment of offenders, subject to such conditions as are imposed by law, and with the consent of the county board. Seventy-first— 1^0 provide by ordinance in regard to the re- lation between all officers and employes of the corporation and the people.^ 1. A city has authority to so order the use of private property within its limits as to prev'mt its becoming dangerous to persons or property. C., B. & Q. R. R. Co. vs. Haggerty, 67 111., 113. 2. The city is not liable for the illegal acts of its officers. Town of Odell vs. Schroeder, 58 111., 353; but see Chicago vs. Turner. 80 III., 419. THE CITY OF SPRINGFIELD. 41 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, mendi- cants and prostitutes. Seventy-fifth— To declare what shall be a nuisance, and to abate the same ; and to impose fines upon parties who may create, continue 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 med- ical dispensaries, 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 suppression 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 cor- poration. [See post §§ 234, 235. 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 man- agement 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 dis- tance 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, black- smith shops and foundries 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 corporation.^ 1. Cities are not liable at eommon law for property destroyed by mobs, Dillon on Mun. Corporations, § 7C0. 2. Where property has been used for m any years for lawful purposes, and is not injurious to health or public morals, it can not be declared a nuisance and abated without compensation. Chicago vs. Lafflin, 49 111., 172; also Ewbanks vs. Ashley, 46 id., 181; and Chicago Pack. Co. vs. Chicago, 88 id., 223. 3. Such ordinances must be strictly complied with, or the officers seizing, impounding and selling cattle will be trespassers, and purchasers will acquire no title at their sales. Clark vs. Lewis, 35 III., 417; see also, Ames vs. Carlton, 41 111., 261. (a) All the penalties must be enforced by suit. WTllis vs. Legris, 45 111.. 289; and an ordinance to appraise and sell such property for fine and costs, with- out judgment, is void, Bullock vs. Geomble, 45 111., 218. (h) The temporary seizure and detention of such cattle is not a trespass. Cook vs. Gregg, 46 N. Y, R.. 439. (c) An owner permitting his stock to mn at large, is liable for damages occasioned thereby. Frederic vs. White. 73 HI.. 590. . 4. See Goddard vs. Jacksonville, 15 111., 588; also C., R. 1. & P, R. R, Co. vs. City of Joliet, 79111., 26. 42 STATUTES RELATING TO 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 taking the city or village census ; but no city or village census shall be taken by authority of the council or trustees oftener than once in three years. Eighty - sixth— 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, Jrom time to time, to fix the 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 con- demnation or otherwise, to extend any street, alley or high- way 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 railroad company, the city shall restore such railroad track, right of 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 company, 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, dis- tillers, brewers, lumber yards, livery stables, public scales, money changers and brokers.^ Ninety-second — To prevent and regulate the rolling of hoops, playing 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. 1. See the Board of Trustees, etc., vs. Chicago, etc., R. R. Co., 14 111., 314. 2. Vide § 4, of art. 11, of the Const, of 1870: also “H. & D. R. R.” ch. 66, § 3 R. (a) The owners of lots and town proprietors are not entitled to any compen- sation for such use of streets. Moses vs. the Pittsburg, etc., R. R. Co., 21 111., 516. 3. One doing a banking business is a money changer within this clause. Hinckley vs. Belleville, 43111., 183. THE CITY OF SPRINGFIELD. 43 Ninety -third — To regulate and prohibit the keeping of any lumber 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, printing, 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 regulations, proper or necessary, to carry into effect the powers granted to cities or villages, with such fines or penal- ties 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 exceed six months for one offense.^ 64. Style of ordinances.^ § 2. The style of the ordi- nances in cities shall be : “Be it ordained by the city coun- cil of ” 65. Publication of ordinances — when take effect.] § 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 vil- lage ; 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. 66. Proof of ordinances.] § 4. All ordinances and the date of publication thereof, may be proven by the certificate of the clerk, under the seal of the corporation. And when printed in book or pamphlet form, and purporting 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 pas- sage and legal' publication of such ordinances, as of the dates mentioned in such book or pamphlet, in all courts and places without further proof.^ [See 'post § 11, Art. 6. 1. An ordinance is not necessarily all void, because some part of it may be so. Baker vs. Town of Normal, 81 111., 108. 2. The published pamphlet is sufficient proof of the passage and promul- gation of the ordinance. Byars vs. Mt. Vernon, 77 111., 407. 44 STATUTES BELATING TO 67. Suits for violating ordinances.] § 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 ordinance, shall constitute a defense to any other prose- cution 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.^ 68. Fines and license money to he paid treasurer.] § 6. All fines and forfeitures for 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.^ 69. Summons— affidavit — punishment.] § 7. In ail 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 -las been violated, and that the person making the complaint has reasonable grounds to believe the party charged is guilty thereof; and any person arrested upon such warrant shall, without unnecessary delay, be taken before the proper officer to be tried for the alleged offense. Any person 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, work-house, house of correction, or other place pro- vided 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 any one offense. The city council or board of trustees shall have power to provide, by ordinance, that every person so committed shall be required to work for the corporation, at such labor as his or her strength will permit, within and without such prison, work-house, house of correction, or 1. Suits for penalties were required to be consolidated before adoption of this section. Lucas vs. Lacompte, 42 111., 303; Thompson vs. Sutton. 51 id., 213. 2. Such fines and forfeitures belong to, and may be appropriated by, the several cities. Mt. Carmel vs. Wabash County, 50 111.. 69. 3. A summons may issue in the usual form in an action of debt, without a complaint in writing, and on appeal no exceptions can be taken to the form or service of the summons. Eubanks vs. Ashley, 36 111., 177; Jacksonville vs. Cone, 36 id., 507. (a) A trial without process is valid. Tisdale vs. Minonk, 46 111., 9. 4. Such imprisonment may properly follow the non-payment of the fine. I^xpaj'tp BoUing, SI III., 88. (a) Section 12 of Art. 2 of the Const, of 1870, in relation to imprisonment for debt, has no reference to suits for torts or penalties. See The People vs. Cot- ton, 14 111., 414; MoKinkley vs. Rising, 28 id., 343; The People rs. Greer, 43 id., 213. THE CITY OF SPRINGFIELD. 45 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, $‘2 for each day’s work on account of such fine and cost. [See post § 197. 70 . Jurisdiction of justices.'] § 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. 71 . Constables or sheriff may serve process, etc.] § 9. Any constable or sheriff of the county may serve any process, or make any arrests authorized to be made by any city officer. 72 . Jurisdiction over waters — street labor.] § 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; and may,, by ordinance, require every able-bodied male inhabitant of such city or village, above the age of twenty-one years and under the age of fifty years, (excepting paupers, idiots, lunatics, and such others as are exempt by law) to labor on the streets and alleys of such city or village, not more than three days in each year, but such ordinance shall provide for commu- tation of such labor at not more than one dollar and fifty cents per day. [As amended by act approved April 10, 1875.] See post §§ 327, 328. Article YI. OFFICERS — their POWERS AND DUTIES. 73 . Officers] § 1. 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 treas- urer. 74 . Other officers — duties of city marshal.] § 2. The city council may, 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 offi- cers as may by said council be deemed necessary or ex- pedient. The city council may, by a like vote, by ordinance or resolution, to take effect at the end of the then fiscal 46 STATUTES RELATING TO 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 marshal shall perform such duties as shall be pre- scribed by the city council for the preservation of the pub- lic peace, and the observance and enforcement of the ordi- nances and laws ; he shall possess the power and authority of a constable at common law, and under the statutes of this State. 75. Appointments — vacancies — duties — powers.'] § 3. All officers of any city, except where herein otherwise provided, shall be appointed by the mayor (and vacancies in all offices except the mayor and aldermen shall be filled by like ap- pointment), by and with the advice and consent of the city council. The city council may, by ordinance, not incon- sistent 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 ex- ceed two years. 76. Oath — bond.] § 4. All officers of any city or vil- lage, 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 aider- men 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 reso- lution or ordinance, be directed, conditioned for the faithful performance of the duties of the office and the payment of all moneys received by such officer, according to law and the ordinances of such 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 assessment 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). 77. Commission — certificate — delivery to successors.] § 5. All officers elected or appointed under this act (except the clerk, aldermen and mayor, and trustees,) shall be com- missioned by warrant, under the corporate seal, signed by THE CITY OF SPRINGFIELD. 47 the clerk 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 city or village, shall, within five days after notification and re- quest, 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 damages caused thereby, and to such penalty as may by ordinance be prescribed.^ 78 . Qualification of officers.'] § 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 who is a defaulter to the corporation. 79 . Not interested in contracts ^ etc.] § 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 ordi- nance; nor in the purchase of any real estate or other pro- perty belonging to the corporation, or which shall be sold tor taxes or assessments, or by virtue of legal process at the suit of said corporation. 80 . Bribery — penalty.] § 8. Every person who shall promise, offer or give, or cause, or aid, or abet in causing to be promised, offered or given, or furnish or agree to fur- nish, 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 money, goods, right in action, or other property or anything of value, or any pecu- niary advantage, present or prospective, with intent to in- fluence 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 ex- ceeding $5,000, 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 1. The acts of officers de facto are as valid and effectual, where they con- cern the public or the rights of third persons, as though they were officers de jure. Sharp rs. Thompson, 100 111., 447. 48 STATUTES RELATING TO understanding that his vote, opinion, judgment or action shall be influenced thereby, or shall be given in any question, matter, cause or proceeding 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 village, 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 |5,000, or both, in the discretion of the court. Every person offending against either of the provi- sions 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. 81 . Mayor, etc,, not to hold other office,] § 9. No mayor, alderman, city clerk, or treasurer, shall hold any other office under the city government during his term of office. 82 . Duties of clerk,] § 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 meetings of the city council or board of trustees, and keep a full record of its proceedings in the journal; and copies of all papers duly filed in his office, and transcripts from the journals and other records and files of his office, certified by him under the corporate seal, shall be evidence in all courts in like manner as if the originals were- produced. 83 . Record of ordinances.] § 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 memo- randum of the date of the passage and of the publication or posting of such ordinance, which record and memoran- dum, or a certified copy thereof, shall be prima facie evidence of the passage and legal publication or posting of such ordi- nance, for all purposes whatsoever. 84 . Conservators of the peace — powers of.] § 12. The trustees in villages, 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 authorized by any ordinance, shall have power to arrest or cause to be arrested, with or without process, all persons who shall break the peace, or be found violating any ordinance THE CITY OF SPRINGFIELD. of the city or village, or any criminal law of the State, commit for examination, and, if necessary, detain such per- sons 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 such other powers as conservators of the peace as the city council or board of trustees may prescribe. All warrants for the violation of ordinances, and all criminal warrants to whom- soever directed, may be served and executed within the corporate limits of any such city or village by any police- man of such city or village ; such policeman being hereby clothed with all the common law and statutory power of constables for such purposes. 1 [As amended by act approved June 14, 1883. 85 . Compensation of may or. § 13. The mayor of any city shall receive such compensation as the city council may by ordinance direct, but his compensation shall not be changed during his term of office. ^ 86 . Comjmisation of aldermen and trustees.'] § 14. The aldermen and trustees may receive such compensation 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 coun- cil 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 whatever. Such compensation 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. 87 . Compensation of other officers.] § 15. All other offi- cers may receive a salary, fees, or other compensation to be fixed by ordinance, and after the same has been once fixed, such fees or compensation shall not be increased or diminished, to take effect during the term for which any 1. Such arrests may be lawfully made without warrant by officers author- ized by a city charter. Bryan vs. Bates, 15 III., 87. Those summoiied to aid an officer while an offense is beins: committed have a justification as broad as the officer. Main r.s. McCarty, 15 III., 441; Marsh rs. Smith, 49 111., 396. (a) But it is necessary as a defense to the officer for him to show that he was duly elected or appointed and qualified. Case vs. Hall, 21 111. 635. (b) A private person may arrest persons guilty of the commission of any crime or misdemeanor in this State, without any warrant. Smith vs. Donnelly. 66 111., 464. (c) On a warrant for the arrest of a person charged with a felony, an officer may break open the outer door of a dwelling house, if necessary to make the arrest. Snydecker vs. Bross, 51 111., 357. (d) The verbal order of a police magistrate to hold a person in custody for non-payment of a fine is not sufficient. Odell vs. Scroeder. 58 111., 353. Section 11 of Art. 9. of the Const, of 1870, provides that the fees, salary or compensation of no municipal officer, who is elected or appointed for a definite term of office, shall be increased or diminished during such term. — 4 50 STATUTES RELATING TO 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. [See post § 261. 88. Mayor and clerk may administer oaths, etc.] § 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. 89. Fiscal year.] § 1, The fiscal year of each city or vil- lage, organized under this act, shall commence at the date established by law for the annual election of municipal offi- cers therein, or at such other times as may be fixed by ordinance.^ 90. Annual apjjropriation ordinance.] § 2. The city coun- cil 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 sums of money as may be deemed necessary to defray all necessary expenses and liabilities of such corporation ; and in such ordinance shall specify the objects and purposes for which such appro- priations are made, and the amount appropriated for each object or purpose. No further appropriations shall be made at any other time within such fiscal year, unless the propo- sition 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 called therefor.^ 91. Limitation — emergency — borrowing money .] §3. Neither the city council nor the board of trustees, nor any depart- ment or officer of the corporation, shall add to the corporate expenditures in any one year anything over and above the amount provided for in the annual appropriation bill of that year, except as herein otherwise specially provided; and no expenditure 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, ^ hoivever, that nothing herein contained shall prevent the city council or board of trustees from ordering, by a two-thirds vote, any improvement, the 1. See Fuller rs. Heath et al. 89 111., 296. 2. Com. ot Highways vs. Newell et al., 80 111., 587; Spring et al. vs. Collector of City of Olney, 78 111., 101. THE CITY OF SPRINGFIELD. 61 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 tiustees and finance committee, to borrow a sufficient amount to provide for the expense necessary to be incurred in making any improve- ments, the necessity for 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 judg- ment be obtained against the corporation, the mayor, or president of the board of trustees, and finance commit- tee, under the sanction of the city council 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.^ 92 . Contracting liabilities limited.'] § 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 depart- ments of the corporation, whether the object of the expen- diture 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. 93 . Duties of treasurer.] § 5. The treasurer shall receive all moneys belonging to the corporation, and shall keep his books and accounts in such manner as may be prescribed by ordinance, and such books and accounts shall always be subject to the inspection of any member of the city council or board of trustees. 94 . Separate accounts.] § 6. He shall keep a separate account of each fund or appropriation, and the debts and credits belonging thereto. 95 . Receipts.] § 7. He shall give every person paying money into the treasury a receipt therefor, specifying the date of payment, and upon what account paid ; and he shall also file copies of such receipts with the clerk, at the date of his monthly reports. 1.. An execution cannot issue against a city or other municipal corporation on a judgment for debt or damages against it. Chicago vs. Husley, 25 111. 595 Nor against the property of citizens. § 10, Art. 9 of the Const, of 1870. Nor are cities subject to garnishment. Merwin vs. Chicago, 45 111., 133. (a) Mandamus will lie to require a city to levy a tax to pay a judgment against It. Olney vs. Harvey, 50 111., 453. See also The People vs. Cairo, 50 HI.. 155; and Elrod vs. Bernadotte, 53 id., 369. 52 STATUTES EELATING TO 96 . Monthly statements — warrants — vouchers — register.] § 8. The treasurer shall, at the end of each and every month, and oftener if required, render an account to the city council 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 said 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 and marked “paid.” He shall keep a register of all warrants redeemed and paid, which shall describe such warrants, and show the date, amount, num- ber, the fund from which paid, the name of the person to whom and when paid. 97 . Deposit of funds — separate from his.] § 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, how- ever, 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, sufficient 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 corporation. The treasurer shall keep all moneys belonging to the corporation in his hands separate and dis- tinct from his own moneys, and he is hereby expressly pro- hibited from using, either directly or indirectly, the corpor- ation money or warrants in his custody or 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 coun- cil or board of trustees, who are hereby authorized to declare said office 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. 98 . Treasurer's annual report — publication.] § 10. 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; and he shall, annually, between the first and tenth of April, make out and THE CITY OF SPRINGFIELD. 53 file with the clerk a full and detailed account of all such receipts and expenditures, and of all his transactions, as such treasurer, during the preceding 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 imme- diately 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. 99 . Warrants.] § 11. 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 person to whom payable ; and no money shall be otherwise paid than upon such warrants so drawn, except as hereinafter provided. 100 . Special assessment funds .kept separate.] § 12. All moneys received on any special assessment shall be held by the treasurer as a special fund, to be applied to the pay- ment of the improvements, for which the assessment was made, and said money shall be used for no other purpose whatever, unless to reimburse such corporation for money expended for such improvement. CITY COLLECTOR. 101 . His duties.] ^ § 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 manner as the city council may prescribe. Such warrants, books, and all papers per- taining to his office, shall at all times be open to the in- spection 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 tax collector a copy of any such receipt so filed. 102 . He shall report, etc. — publication.] § 14. He shall make a report, in writing, to the council, or any officer designated by the council, of all moneys collected by him, the account whereon collected, or of any other matter in connection with his office, when required by the council or by any ordinance 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 54 STATUTES RELATING TO warrants in his hands, and the balance remaining uncol- lected 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. 103 . Not to detain money — penalty.'] § 15. The col- lector 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 ofiice. 104 . Examination of his books — paying over.] § 16. 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 city clerk. CITY COMPTROLLER. 105 . His powers and duties.] § 17. The city comp- troller (if there shall be any city comptroller appointed; if not, then the clerk) shall exercise a general supervision over all the officers of the corporation charged in any manner with the receipt, collection or disbursement of corporation 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 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 of making such a 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 THE CITY OF SPRINGFIELD. 55 shall, in such report, show the aggregate income of the pre- ceding fiscal year from all sources, the amount of liabilities outstanding upon which interest is to be paid, the bonds and debts payable 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 exigencies and demands upon the corporation for the current year. 106. Council may define the duties — transfer of clerk's financial duties.] § 18. When there shall be appointed in any city a comptroller, 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 in connection with the finances, the treasurer and collector, or the receipt and disbursement of the moneys of such city, shall be exer- cised 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 “comptroller;” and wherever the “clerk’s office” is referred to, it shall be held to mean “comptroller’s office.” 107. Record of bonds issued by city.] § 19. The comp- troller, 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-ljind- ing 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, particularly, the bonds sold during the year, and the terms of sale, with each and every item of expense thereof. GENERAL PROVISIONS. 108. Further duties may be required.] § 20. The col- lector and treasurer, and all other officers connected with the receipt and expenditure of money, shall perform such other duties, and be subject to such other rules and regula- tions, as the city council or board of trustees may, from time to time, by ordinance, provide and establish. 109. Appeal to finance committee.] § 21. In the adjust- ment of the accounts of the collector or 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 56 • STATUTES B SLATING TO trustees, whose decision in all matters of controversy arising between said officers shall be binding, unless the city council or board of trustees shall otherwise direct and provide. no. Who may appoint subordinates.] § 22. The comp^ troller (if there shall be one), the clerk, treasurer and col- lector 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 ap- pointed by them. ‘ 111. Foreign insurance companies — license, etc. — penal- ties.] § 23. All corporations, companies or associations not incorporated under the laws of this State, engaged in any city in effecting fire insurance, shall pay to the treasurer the sum of $2 upon $100 of the net receipts by their agency in such city, and at that rate upon the amount of all premiums which, during 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, companies or associa- tions, 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 comptroller (if any there be, if not, to the clerk), a full, true and just account, verified by his oath, of all pre- miums 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 by virtue thereof. If such account be not rendered on or before the day hereinbefore designated for that^ purpose, or if said rates shall remain ^unpaid after that day, it shall be unlawful for any corpor- ation, company or association so in default, to transact any business of insurance in any such city or village, until the ,said requisition shall have been fully complied with; but this provision shall not relieve any company from the pay- ment of any risk that may be taken in violation thereof.^ 1. Such licenses may be required by the Leerislature, of both foreign and domestic insurance companies. The People vs. Thurber, 13 111., 554; F. B. A. vs. Lounsbury, 21 id., 513; I. N. F. I. Co. vs. Peoria. 29 id., 183; Ducat vs. Chicago, 48 id., 172. (i) And foreign companies cannot enforce contracts of insurance without such license required by law. Cen. Mut. H. A. Go. vs. Rosenthal, 55 111., 86. THE CITY OF SPRINGFIELD. 57 Any person or persons violating any of the provisions of this section shall be subject to indictment, and, upon con- viction thereof in any court of competent jurisdiction, shall be fined in any sum not exceeding $1,000, or imprisoned not exceeding six months, or both, in the discretion of the court. Said rates may also be recovered of such corporation, com- pany 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 pre- vention of fires. [See post § 251. Article VIII. OF ASSESSMENT AND COLLECTION OF TAXES. 112 . Ordinance levying tax — limitation.'] § 1. The city council in cities, and boards of trustees in villages, may levy and collect taxes for corporate purposes in the manner fol- lowing: The city council, or boards of trustees, as the case may be, shall annually, on or before the third (3d) Tuesday in September in each year, ascertain the total amount of appropriations for all corporate purposes legally made, and to be collected from the tax levy of that fiscal year ; and by an ordinance specifying in detail the purposes for which such appropriations are made, and the sum or amount appropriated for each purpose, respectively, levy the amount so ascertained upon all the property subject to taxation within the city or village, as the same is as- sessed and equalized 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 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 vil- lage : Provided, the aggregate amount of taxes levied for any one (1) year, exclusive of the amount levied for the payment of bonded indebtedness or the interest thereon, shall not exceed the rate of two (2) per centum upon the aggregate valuation of all property within such city or village subject to taxation therein, as the same was equalized for State and county taxes of the preceding year. [As amended by act approved May 28, 1879. « ^ l j ^ ^8 STATUTES RELATING TO 113 . Manner of collecting.'] § 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. 114 . Time of 'paying over.] § 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 collected shall be paid over. 115 . When tax levied for particular purpose.] §4. When- ever any city or village is required to levy a tax for the pay- ment 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 trus- tees, and certified to the county clerk as aforesaid ; but the city council or board of trustees shall determine, in the or- dinance making such assessment, what proportion of such total amount shall be applicable 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 particu- lar debt, appropriation or liability, and shall not disburse the same for any other purpose until such debt, appropria- tion or liability shall have been discharged. 116 . Uniformity.] § 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. 117 . Powers conferred.] § 1. That the corporate au- thorities of cities and villages are hereby vested with power to make local improvements by special assessment, or by special taxation, or both, of contiguous property, or general taxation, or otherwise, as they shall by ordinance prescribe. [See Const. Art. 9, § 9. 1. Bee § 9, Art. 9 of Const, of 1870. (a) An exception in the ordinance of any snecies of property, not exempt by the general statutes from taxation, would make the ordinance void; but a neglect of the assessor to tax any particular property would not vitiate an as- sessment. Dunham vs. Chicago, 55 111., 358. THE CITY OF SPRINGFIELD. 59 118. Ordinance for improvements § 2. When any such city or village shall, by ordinance, provide for the making of any local improvement, it shall, by the same ordinance, prescribe whether the same shall be made by special assess- ment or by special taxation of contiguous property, or gen- eral taxation, or both. 119. When property is taken, etcS § 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 : 120. Petition.] § 4. Whenever any such ordinance shall be passed, by the legislative authority of any such city or village, for the making of any improvement men- tioned 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 “the just compensation to be made for private property to be taken or damaged for the improvement or purpose specified in such ordinance, shall be ascertained by a jury.” [See Const, of 1870, Art. 2, § 13. \ 121. Form of petition.] § 5. Such petition shall con- tain 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 occupants thereof, so far as known to the board or officer filing the petition, and where any known owners are non-residents of the State, stating the fact of such non-residence. 122. Summons — publication — notice.] § 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 news- paper printed in his county, or if there be no newspaper published in his county, then in some newspaper published in this State, containing notice of the pendency of such pro- ceeding, 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 first of which shall be at least thirty days before 60 ’ STATUTES BELATING TO the return day of such summons. Notices so given for pub- lication shall be sufficient to authorize the court to hear and determine the suit, as though all parties had been sued by their proper names and had been personally served. 123 . Hearing— jury.] § 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 ascertain the just compensation to be paid to all of such owners and occu- pants aforesaid; but if any defendant or party in interest shall demand, or the court shall deem it proper, separate juries may be impanneled as to the compensation or damages to be paid to any one or more of such defendants or par- ties in interest. 124 . Jury to ascertain compensation — admitting other parties.] § 8. Such jury shall also ascertain the just com- pensation 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 per- son’s name, or lot, parcel of land or other property, is men- tioned or described in such petition : Provided, such person shall first be admitted as a party defendant to said suit by such court, and shall file a statement of his interest in and description of the lot, parcel of land, or other property in respect to which he claims compensation. 125 . Viewing premises — ownership, etc.] § 9. The court may, upon the motion of such city or village, or of any per- son claiming any such compensation, direct that said jury (under the charge of an officer of the court) shall view the premises which it is claimed by any party to said proceed- ing will be taken or damaged by said improvement, and in any case, where there is no satisfactory evidence given to the jury as to the ownership of, or as to the extent of the interest of any defendant in, the property to be taken or damaged, the jury may return their verdict as to compensa- tion or damage to be paid for the property or part of pro- perty to be taken or damaged, and for the entire interest therein. 126 . Judgment — neiv parties— further proceedings.] § 10. Upon the return of such verdict, the court shall order the same to be recorded, and shall enter such judgment or de- cree thereon as the nature of the case may require. The court shall continue or adjourn the cause, from time to time, as to all occupants and owners named in such peti- tion who shall not have been served with process, or brought in by publication, and shall order a new summons to issue and new publication to be made; and upon such occupants THE CITY OF SPRINGFIELD. 61 or owners being brought into court, shall impannel a jury to ascertain the compensation so to be paid to such defend- ant or defendants, for private property taken or damaged; and like proceedings shall be had for such purpose as here- inbefore provided for the ascertaining of compensation to other owners. 127. Powers of court.'] § 11. The court shall have pow'er, at any time, upon proof that any such owner or owners named in such petition, who has not been served with process, has ceased to be such owner or owners since the filing of such petition, to impannel a jury and ascertain the just compensation to be made for the property (or the damage thereto) which has been owned by the person or persons so ceasing to own the same ; and the court may, upon any finding or findings of any jury or juries, or at any time during the course of such proceedings, enter such order, rule, judgment or decree as the nature of the case may require. 128. Ownership — further powers oj court.] § 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 interests 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 interest of all parties therein, and may require adverse claimants to inter- plead so as to fully determine their rights and interests in the compensation so ascertained. And the court may make such order as may be necessary in regard to the deposit or payment of such compensation. 129. Persons under disahility .] § 13. When it shall appear from said petition or otherwise, at any time during the proceedings upon such petition, that any infant, 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 such infant, or insane or distracted person, in such property, or the compensation which shall be awarded therefor. 130. Judgment — effect — appeal, etc.] § 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 taken upon the payment of the amount of such finding as 62 STATUTES RELATING TO hereinafter provided. It shall be final and conclusive as to the damages caused by such improvement, unless such judg- ment 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. 131. Order far possession.'] § 15. The court, upon proof that said just compensation so found by the jury has been paid to the persons entitled thereto, or has been deposited as directed by the court (and bond given in case of any appeal or writ of error), shall enter an order that the city or village shall have the right, at any time there- after, to take possession of or damage the property, in respect to which such compensation shall have been so paid or deposited, as aforesaid.^ 132. When improvement made hy general tax.] § 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 improve- ment 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. 133. By speeial taxation.] § 17. When said ordinance under which said local improvement shall be ordered shall provide that such improvement shall be made by special taxation of contiguous property, the same shall be levied, assessed and collected in the way provided in the sections of this act providing for the mode of making, levying, as- sessing and collecting special assessments.^ SPECIAL ASSESSMENTS. 134. How made.] § 18. When the ordinance under which said local improvement is ordered to be made shall provide that such improvement shall be wholly or in part 1. An action on the case will lie against a city for failure to collect and pay over damages assessed on condemnation. Clayburg vs. Chicago. 25 111., 535. 2. The general requirements in Sec. 1. Art. 9, of the present Constitution, re- quiring taxation to be by valuation, so that every person and corporation shall pay a tax in proportion to his, her or its property, is modified by Sec. 9 of the same article, so that the corporate authorities of cities, towns and villages may make local improvements by special taxation of contiguous property or other- wise, and does not apply in this case. White vs. The People, ex rel. City of Bloomington, 94 111., G04. THE CITY OF SPRINGFIELD. 63 made by special assessment, the proceedings for the making such special assessment shall be in accordance with the sections of this act [article] from 18 to 51 inclusive. 135. Ordinance for — sidetvalks — oivner' s riglitsS\ § 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 when- ever any such ordinance shall provide only for the building or renewing of any sidewalk, the owner of any lot or piece of land fronting on such sidewalk shall be allowed 15 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.^ 136. Estimate of cost.] § 20. The city council or board of trustees shall appoint three of its members, or any other three competent persons, who shall make an estimate of the cost of the improvement contemplated by such ordinance, including labor, materials, and all other expenses attending the same, and the cost of making and levying the assess- ment, and shall report the same in writing to said council or board of trustees. 137. Order for proceedings in court.] § 21. On such report being made and approved by the council, or board of trustees, as the case may be, it may order a petition to be filed by such officer as it shall direct, in the county court of its county, for proceedings to assess the cost of such improve- ment in the manner provided in this act. 138. Petition to court.] § 22. The petition shall be in the name of the corporation, and shall recite the ordinance for tlae proposed improvement, and the report of such com- mission, and shall pray that the cost of such improvement may be assessed in the manner prescribed by law. 139. Appointment of commissioners— oath.] § 23. Upon the filing of such petition the court shall appoint three com- petent persons as commissioners, who shall take and subscribe an oath in substance as follows, to-wit : state of Illinois, county, ss. We the undersigned, commissioners appointed by the county court of county, to assess the cost of (here state in general terms the improvement), do solemnly swear, (or affirm as the 1. An ordinance for a connected systemof water-works for the whole village does not provide for but one local improvement, and is not invalid as embracing separate and distinct improvements. Thei, People, ex rel. H. B. Miller, etc. vs. P. L. Sherman et al., 83 111., 165; and see Weckler -us. City of Chicago, 61 111., 142. 64 . STATUTES RELATING TO case may be), that we will a true and impartial assessment make of the cost of said improvement upon the city (or village) of . and the property bene- fited by such improvement, to the best of our ability, and according to law. 140 . Duty of commissioners.] § 24. It shall be the duty of such commissioners to examine the locality where the improvement is proposed to be made, and the lots, blocks, tracts and parcels of lands that will be specially benefited 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 apportion 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 he of benefit to the property, upon the several lots, blocks, tracts and parcels of land in the proportion in which they will be severally benefited fey such improvement : Provided, that no lot, block, tract or parcel of land shall be assessed a greater amount than it will be actually benefited: And, provided further, that it shall not be necessary for said commissioners to examine the locality, except where the ordinance provides for the opening, widening or improvement of streets and alleys. [As amended by act approved and in force March 30, 1874.1 [§ 25, repealed by act approved April 25, 1873.] 141 . Assessment roll — return.] § 26. They shall also make or cause to be made an assessment roll, in which shall appear the names of the owners, so far as known, a descrip- tion 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, to the court by which they were appointed, at least ten days before the first day of the term at which a final hearing thereon shall be had. [As amended by act approved and in force March 30, 1874. 1. Notes to Sec. 24— FicZe Sec. 9 of Art. 9, Const, of 1870. (а) This act is broad enough to authorize the making of special assess- ments on property specially benefited, without regard to its being contiguous. Guild vs. Chicago, 82 III., 472. Such assessments are not like taxes, a charge upon property that reduces its value. Trustees, etc. v.s. Chicago, 12 111., 403: Peoria vs. Kidder, 26 III, 357. (б) A special assessment is void where the whole cost of the improvement is put upon property in proportion to the benefits exceeding the actual benefits conferred. St. John vs. East St. Louis, 50 111., 90, (c) An assessment voluntarily paid cannot be recovered back, although the judgment is void. Union Building Ass. vs. City of Chicago, 61 111., 432; Swanston vs. Ijams, 63 111., 166. (d) Church property exempt from general taxation, is liable to special assessments. Ottawa vs. Trustees, etc,, 22 111., 624. So is property owned by a city. Scammon vs. Chicago, 42 III., 193. Or owned by a street railroad. Chicago vs. Baer, 41 111,, 306. (e) Assessments must be for improvements to be made, and not for those alreaflv completed. Dorothy rs. Chicago, 53 111., 79; see Howell vs. Buffalo, = 37 N. Y., 267. ■ THE CITY CF SPRINGFIEI.D. 65 142 . Notice hy mail — positing and publication.] § 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: /<7,.s^_They shall send by mail to each owner of premises assessed, wdiose name and place of residence is known to them, or, upon diligent inquiry, can be ascertained, a notice substantially in the following form: Mr. ; Your Ihere give a short description of the premises.l is assp<;sed .$ for public improvement. The assessmnnt roll will be returned to the term of the county court of county. [Here give date.l y Commissioners. Second — They shall cause at least ten days’ notice to be given, by posting notices in at least four public places in such city or village, two of which shall be in the neighbor- hood of such proposed improvement; and when a daily newspaper is published in such city or village, by publishing the same at least five successive days in such daily news- paper, or if no daily newspaper is published in such city or village, and a weekly newspaper is published therein, then at least once in each week, for two successive weeks, in such weekly newspaper, or if no daily or weekly newspaper is published in such city or village, then in a newspaper pub- lished in the county in which such city or village is situated. The notice may be substantially as follows : SPECIAL ASSESSMENT NOTICE. Notice is hereby given to all persons interested that the city council (or board of trustees, as the case may be,) of having ordered that ihere insert the description and nature of improvements substantially as in ordi- nance,! 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.] j- Commissioners. [As amended by act approved April 25, 1873.] 143 . Proof of 7iotice.] § 28. On or before the final hearing, the affidavit of one or more of the commissioners shall be filed in said court, stating that they have sent or caused to be sent by mail to the owners whose premises have been assessed, and whose names and places of resi- dence are known to them, or, upon diligent inquiry, could be ascertained, the notice hereinbefore required to be sent by mail to owners of premises 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 6G STATUTES RELATING TO a compliance with this act in regard to giving such notices. They shall also file a certificate of publication of said notice in like manner as is required in other cases of publication of notices. [As amended by act approved April ‘25, 1873. 144 . Continuance ivlien notice not in time,'] § *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. 145 . Objections— judgment by default.] § 30. Any per- son interested in any real estate to be effected 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 of 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 objec- tions are not filed within the time ordered by the court, default may be entered, and the assessment confirmed by the court. 2 146 . Hearing— jury.] § 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 pro- portionate 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 ren- dered accordingly. 3 147 . Precedence.] § 82. The hearing in all cases arising under this act shall have precedence over all other cases in such court, except criminal cases. 148 . Court may modify, etc., the assessment.] § 33. The court before which any such proceedings 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 1. The court may take time to consider and decide upon the objections. Ottawa vs. Fisher, 20 111., 422. 2. A party, after notice, who fails to appear, waives all objections. Ottawa vs. C. & R. I. R. R. Co., 25 III., 43; Jeiiks vs. Chicago, 48 id., 290. (n) A special assessment cannot extend beyond the property described in the notice. Owen vs. Chicago, 53 111., 95. (/>) The assessment must conform to the law; it is the foundation of the proceedings. Chicago vs. Wright. 32 111., 192. 3. Effect of confirmation of report of commissioners. People vs. Brislin, 80 111., 423; Andrews vs. People, 83 id., 529. THE CITY OF SPRINGFIELD. 67 recast by the same commissioners, whenever it shall be necessary for the attainment of justice, or may appoint other commissioners ^n the place of all or any of the com- missioners 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 assess- ment of the cost of such improvement according to the principle of this act, and may, from time to time, as may be necessary, continue the application for that purpose as to the whole or any part of the premises. 149. Judgment several — appeal, etc. — -lien.] § 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 he a lien upon the property assessed from the date thereof until payment shall be made. 150. Judgment cei'tijied to city clerk— filing — warrant.] § 35. The clerk of the court in which such judgment is rendered shall certify the assessment roll and judgment to the clerk of said city or village, or if there has been an appeal or writ of error taken on any part of such judgment, then he shall certify such part of the judgment as is not included in such appeal or writ of error. The clerk of the city or village shall file such certificate in his office, and issue a warrant for the collection of such assessment. 151. Form of warrant.] § 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. 152. Collector s notice— form of.] § 37. The collector receiving such warrant shall immediately give notice thereof by publishing such notice in one or more newspapers in such city or village, if such newspaper is there; and if there is no such newspaper, then by posting four copies thereof in public places along the line of the proposed improvement. Such notice may be substantially in the following form : Special assessment notice— special wabeant no. — . Public notice is hereby given that the [here insert title of court! has rendered judgment fora special assessment upon property benefited by the following improvement, there insert the character and location of the improvement in general terms] 68 STATUTES RELATING TO 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 collec- tion of such a-sessment is in the hands of the undersigned. All persons inter- ested are hereby notified to call and pay the amounts assessed at the collector’s office [here insert location of office! within 30 days from the date hereof. Dated this day of A. D. 18-. . Collector. 153. Manner of collecting — entry of payment.] § 38. It shall be the duty of the collector into whose hands the war- rants shall so come, as far as practicable, to call upon all persons resident within the corporation whose names appear on the assessment roll, or the occupants of the property assessed, and personally, or by written or printed notice left at his or her usual place of abode, inform them of such assessment, and request payment of the same. Any such collector omitting so to do shall be liable to a penalty of $10 for every such omission, but the validity of the special assessment, or the right to apply for and obtain judgment for any such special [assessment,] shall not be affected by such omission. It shall be the duty of such collector to write the word “Paid” opposite each tract or lot on which the assessment is paid, together with the name and post office address of the person making the payment, and the date of payment. 154. Report of delinquent list to county collector — evidence — defense.] § 39. It shall be the duty of 'the collector of special assessments, within such time as the city council or board of trustees may by ordinance provide, to make a report in writing — to the general officer of the county author- ized, or to be designated by the general revenue law of this State, to apply for judgment and sell lands for taxes due the county and State — of all the lands, town lots and real property on which he shall have been unable to collect special assessments, with the amount of special assessments due and unpaid thereon, together with his warrant, or with a brief description of the nature of the warrant or warrants received by him 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 requirements of the law in relation to making said return have been complied with, and that the special assessments mentioned in said report are due and unpaid. And upon the application for judgment upon such assessment no defense or objection shall be made or heard, which might THE CITY OF SPRINGFIELD. 69 have been interposed in the proceeding for the maKing of such assessment, or the application for the confirmation thereof.^ 155. Application for judgment — what laws govern.] § 40. When said general officer shall receive the report provided for in the preceding section, he shall proceed to obtain judg- ment against said lots, parcels of land, and property for said special assessments remaining due and unpaid, at the same time and in the same manner as is or may be by law pro- vided 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 judg- ment and making said sale, the said officer shall be governed by the general revenue laws of this State, except when other- wise provided herein. No application for judgment against lands for unpaid special assessments shall be made at a time different from the annual application for judgment against lands upon which general taxes remain due and unpaid. The application for judgment upon delinquent special assessments, in each year, shall include only such special assessments as shall have been returned as delinquent to the county collector on or before the first day of April, in the year in which such application is made. [As amended by act approved June 18, 1883. 156. Return of sales — redemption.] § 41. After making said sales, the list of lots, ptircels 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. 157. Penalty when lands are sold for taxes, etc.] § 42. If the collector shall receive any moneys for taxes or assess- ments, giving a receipt therefor for any land or parcel of land, and afterwards return the same as unpaid to the State officers authorized to sell lands for taxes, or shall receive the same after making such return, and the same be sold for tax or assessment which has been so paid and receipted for by himself or his clerks, he and his bond shall be liable to the holder of the certificate given to the purchasers at the sale, for double the amount of the face of the certificate, to be demanded in two years from the date of the sale, and recovered in any court having jurisdiction of the account; and the city or village shall in no case be liable to the holder of such certificate. 158. Paying over — compensation.] § 43. The collector or collectors, and the general officer aforesaid, to whom the 1. Ottawa vs. Maey. 20 111., 413. 70 STATUTES RELATING TO said warrant shall be returned, shall pay over to the city or village treasurer to which it shall belong, all moneys col- lected 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 collection of such assessment as the ordinances of the city or village may provide, except when such compensation is fixed by general law. 159. General revenue laivs apply.] f§ 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. 160. City or village may huy^ in.] § 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. 161. When assessment set aside — new assessment.] § 46. If any assessment shall be annulled by the city council or board of trustees, or set aside by any court, a new assess- ment may be made and returned, and like notice given and proceedings had, as herein required in relation to the first ; and all parties in interest shall have the like rights, and the city council or board of trustees and court shall perform like duties and have like powers in relation to any subse- quent assessment, as are hereby given in relation to the first assessment. 1 162. Supplemental assessme^its.] § 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 raised, the excess shall be refunded, ratable, to those by whom it was paid. 163. New assessments against delinquents — lien — limita- tion.] § 48. If, from any cause, any city or village shall fail 1. See Chicago vs. Ward, 36 111., 9; Lafflin vs. Chicago. 48 id., 449. THE CITY OF SPRINGFIELD. 71 to collect the whole or any portion of any special assessment wliich may be levied, which shall not be canceled and set aside by the order of any court, for any public improvement authorized to be made and paid for by special assessment, the city council or board of trustees may, at any time with- in five years after the confirmation of the original assess- ment, diiect a new assessment to be made upon the delin- quent property for the amount of such deficiency, and interest thereon from the date of such original assessment — which assessment shall be made, as near as may be, in the same manner as is herein prescribed for the first assessment. In all cases where partial payment shall have been made on such former assessment, they shall le 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 trus- tees may, at any time within said period of said 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 tbe true intent and meaning of this section to make the cost and expense of all public im- provements 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. 164 . Contracts payable from assessments.] § 49. All persons taking any contracts with the city or village, and who agree to be paid from special assessments, shall have no claim or lien upon the city or village in any event, except from the collections of the special assessments made for the work contracted for.^ 165 . Hoiv contracts let — approval.] § 50. All contracts for the making of any public improvement to be paid for in whole or in part by a special assessment, and any work or other public improvement, when the expense thereof shall exceed $500, shall be let to the lowest responsible bidder in the manner to be prescribed by ordinance — such contracts to be approved by the mayor or president of the board of trus- tees : Provided however, any such contract may be entered into by the proper officer without advertising for bids, and without such approval, by a vote of two-thirds of all the aldermen or trustees elected. 1. Maher vs. Chicago. 38 111., 266; Chicago vs. People, 48 id. 416. n STATUTES RELATING TO 168 . Lien.] § 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 assessments, as in the case of the collection of State and county taxes under the general laws of the State. 167 . Collection hy suit.] § 52. At any time after the same becomes due, it shall and may be lawful for any col- lector 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 assessments, which such person or persons are liable for the payment of. Such suit shall be commenced by petition, and shall state the several amounts of the special assessments sought to be recovered, and give a general description of the warrant or warrants issued for the collection thereof ; upon the tiling 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 special assess- ments, as the right and justice of the case may require. The original or a certitied copy (by the clerk, under the corporate seal), of such warrant or warrants, and list or lists, or so much thereof as refers to the special assessments sought to be recovered, shall be prima facie evidence of the right of said collector to a judgment in favor of such 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 liable for such payment, to show cause why execution should not issue against him or them for the amount of such assessment ; and if, upon the return of such scire facias^ good cause is not shown why execution should not issue, the court may award execution against such person or persons in the usual form of execution upon judgments at law. 168 . Supplemental petition to assess benefits in condemna- tion case.] § 58. Wherever any city or village shall apply to any court for the purpose of making just compensation for property taken or damaged by such proceedings as are authorized by this act, such city or village may tile in the same proceeding a supplemental petition, praying the court THE CITY OF SPRINGFIELD U to cause that an assessment be made for the purpose of raising the amount necessary to pay the compensation and damages which may be, or shall have been, awarded for the property taken or damaged, with the costs of the proceeding. The said court shall have power, at any time after any such supplemental petition shall have been filed, to appoint three commissioners to make such assessment, and to ascertain, as near as may be, the costs incurred to the time of such appointment, and the probable further costs of the proceedings, including therein the estimated costs of making and collect- ing such assessment, and shall direct such costs to be in- cluded by such commissioners in making said assessment. Like proceedings in making said assessment shall he had, and the assessment shall be made, collected and enforced in the same manner, as near as may be, as is provided in this article in other cases. [As amended by act approved and in force March 30, 1874. , 169. Adoption of this article.] § 54. Any city or in- corporated 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 article provided for, and have the benefit of all the pro- visions hereof. [See Martin vs. People, 87 111., £26. Article X. MISCELLANEOUS PROVISIONS — WATER. 170. Water — horrotv money.] § 1. The city council, or board of trustees, shall have the 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 or maintain the same at such rates as may be fixed by ordinance, and for a period not exceeding thirty years ; to prevent the pollution of the water, and injuries to such wells, pumps, cisterns, reservoirs or water-works. 171. Acquiring property for icater -works— jurisdiction over.] §2. For the purpose of establishing or supplying 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 power to take and condemn all neces- sary lands or property therefor, in the manner provided for 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 beyond its corporate limits, or so far as such water- works may extend. 74 STATUTES RELATING TO 172. Itegulations — rates, taxation, etc.~[ § 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 collecting 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 join any street, avenue or alley in such city or village through which the distribut- ing 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, [whether] 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 continu- ing 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. 173. Taxpayer may enforce rights in name of city, etc.] § 4. A suit may be brought by any taxpayer, in the name and for the benefit of the city or village, against any per- son or corporation, to recover any money or property belong- ing to the city or village, or for any money which may have been paid, expended, or released without authority of law: Provided, that such taxpayer 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. 174. Maps — approval of.] § 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 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 ap- proved. [See “Eecorders,” ch. 115, § 13, E. S. 175. Inhabitants competent as jarors, etc.] § 6. No person shall be an incompetent judge, justice or juror by reason of his being an inhabitant or freeholder in said city THE CITY OF SPRINGFIELD.' 75 or village, in any action or proceeding in which said city or village may be a party in interest. 176. Population — census.'] § 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 author- ity 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 each city or village the number of inhabitants, as shown by such census. Any city or village may, by or- dinance, provide for the taking of a census of the popula- tion 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. [See ante, clause eighty-fifth of § 1 of Art. 5 of this act. 177. Municipal year.] § 8. The term “municipal year” shall be construed to mean the period elapsing between the regular annual elections, unless otherwise provided by ordinance. 178. City or village need not give appeal hond.] § 9. When in any suit the city or village prays an appeal from the judgment of any court of this State to a higher cpurt, it shall not be required to furnish an appeal bond. Article XL OF THE ORGANIZATION OF VILLAGES. 179. By incorporated towns.] § 1. Any town in this State, incorporated either under any general law for the in- corporation of towns, and acts amendatory thereof, or under any special act for the incorporation of any town or village, may become organized as a village, under this act, in the manner following : Whenever any thirty voters in such town shall petition the president and trustees thereof to submit the question whether such town will become organized as a village, under this act, to the decision of the legal voters thereof, it shall be the duty of such president and trustees to submit the same accordingly, and to fix a time and place within such town for holding such election; and to appoint the judges to hold such election; and to give notice of the time, place and purpose of such election by causing at least five notices thereof to be posted in public places in such town, for at least fifteen days prior to holding such election. 76 STATUTES RELATING TO 180. Ballot.'] § 2. Each qualified voter, resident within such town or proposed village, shall have the right to cast a ballot at such election, with the words thereon, “For vil- lage organization under the general law,” or, “Against village organization under the general law.” 181. Returns — canvass — record.] § 3. The judges of such election shall make returns thereof to the president and trustees of the town, as soon as practicable after such election is held ; and it shall be the duty of the president and trustees to canvass such returns, and cause a statement of the result of such election to be entered upon the records of the town. 182. Reswlt — old officers continue until, etc.] § 4. If a majority of the votes cast at such election are for village organization under the general law, such town shall, from thenceforth, be deemed to be duly incorporated as a village under this act; but the town officers then in office shall continue as like officers of such village until their successors shall be elected or appointed under the provisions of this act. 183. Neiv organization — how effected.] § 5. Whenever any area of contiguous territory, not exceeding two square miles, shall have resident thereon a population of at least three hundred inhabitants, and which territory is not in- cluded within the limits of any incorporated town, village or city, the same may become incorporated as a village, under this act, in the manner following : Any thirty legal voters, resident within the limits of such proposed village, may petition the county judge of the county in which they reside, to cause the question to be submitted to the legal voters of such proposed village, whether they will organize as a village under this act. And if the territory described in said petition shall be situated in more than one county, then the petition shall be addressed to the judge of the county court of the county where a greater part of such territory is situated. Such petition shall be addressed to the county judge, contain a definite description of the lands intended to be embraced in such village, the number of in- habitants resident therein, and the name of such proposed village. 184. Petition — election — returns.] § 6. Upon the filing such petition in the office of the county clerk,, it shall be the duty of such judge to perform the same duties in reference to fixing the time and place of such election, giving notice and appointing judges thereof, as is above required to be performed by the president and trustees in towns already incorporated. The returns of such election shall be made to THE CITY OF SPKINGFIELD. 77 the county judge, who shall call to his assistance any two justices of the peace, and canvass such returns, and cause a statement of the result of such election to be entered upon the records of the county court. The second section of this article shall be applicable to such election. 185 . Result — election of officers, etc.] § 7. If a majority of the votes cast at such election is for village organization under the general law, such proposed village, with the boundaries and name mentioned in the petition, shall, from thenceforth, be deemed an organized village under this act, and the county judge shall, thereupon, call and fix the time and place of an election to elect village officers, and cause notice thereof to be posted or published, and perform all other acts in reference to such election in like manner, as nearly as may be, as he is required to perform in reference to the election of officers in newly organized cities. But the term of office of trustees elected at such election shall termi- nate as soon as their successors are elected and qualified, at the regular annual election. 188 . Trustees — corporate name— powers.] § 8. In each village organized under this act, there shall be elected by the qualified electors therein six trustees, who shall hold their offices until their successors are elected and qualified. At the first election held thereafter there shall be elected the full number of trustees. At the first meeting of the board of trustees held after said first election, the trustees elected shall be divided by lot into two classes: those of the first class shall continue in office for one year, and those of the second for two years, from the date of the annual election for that municipal year, and annually thereafter there shall be elected three trustees, who shall hold their office for the term of two years, and until their successors are elected and qualified. The trustees shall choose one of their own number president ; and such village shall, from the time of the first election held by it under said act, be considered, in law and equity, a body corporate and politic, by the name and style of “The village of ,” and by such name and style may sue and be sued, contract and be contracted with, acquire and hold real and personal property necessary for corporate purposes, adopt a common seal and alter the same at pleasure, and possess all other powers as a corpor- ation in this act conferred upon cities not exceeding five thousand inhabitants, except as herein otherwise expressly provided. And wherever the words “city council” or “mayor” occur in this act, the same shall be held to apply to the trustees and president of such village, as far as the same may be applicable. [As amended by act approved May 28, 1879. 78 STATUTES RELATING TO 187. Powers and duties of president and trustees.] § 9. The president of the board of trustees shall perform the duties and exercise the powers conferred upon the mayor of a city not . exceeding five thousand inhabitants, and shall have the right to vote as a trustee at any meeting of the trustees; but when he shall have so voted, shall not have the right to give the casting vote ; and the trustees shall perform the duties and exercise all the powers conferred upon aldermen in cities ; and the president and board of trustees may exercise the same powers conferred upon the mayor and city council of cities of not exceeding five thou- sand inhabitants, and pass ordinances in like manner. The president of the board of trustees may exercise the veto powers, and with like effect as the mayor of a city ; and the board of trustees may pass ordinances over such veto, in like manner as a city council. 188. Style of ordinances.] § 10. The style of ordi- nances passed in villages shall be as follows : ‘.‘Be it or- dained by the President and Board of Trustees of the village Qf (as the case may be). 189. Appointment of officers — prescribe duties and fees.] § 11. The president and board of trustees may appoint a clerk pro tempore, and whenever necessary to, fill vacancies ; and may also appoint a treasurer, one or more street com- missioners, a village constable, and such other officers as may be necessary to carry into effect the powers conferred upon villages, to prescribe their duties and fees, and require such- officers to execute bonds as may be prescribed by ordi- nance. 190. Powers of constables.] § 12. The village constable shall have the same powers to make arrests, execute pro- cess, and perform other official acts as other constables under the general laws of the State, together with such other powers as may be conferred on him by ordinance. 191. Annual elections.] § 13. An annual election for three trustees and a clerk of villages shall be held on the third Tuesday of April in each year: Provided, that in villages, the territorial limits of which coincide with the territorial limits of any township, an election for trustees and a clerk of villages shall be held at the same time and at the same polling places as the annual township election, to-wit : on the first Tuesday of April in each year. Special elections may be held under such regulations as may be provided by ordinance, to fill vacancies and for other pur- poses. [As amended by act approved and in force March 11, 1881. THE CITY OF SPRINGFIELD. 79 192. Suits — jurisdiction — fences, etc.] § 14. Suits and prosecutions for the violation of any village ordinance may be prosecuted in the name of “The village of and justices of the peace and police magistrates shall have juris- diction over such suits ; and all fines and moneys so collected shall be paid into the village treasury. 193. Police magistrates.] § 15. There may be a police magistrate elected at a regular annual election in each vil- lage, who shall give bonds, qualify, and have the same jurisdiction as other justices of the peace, and hold his office for four years, and until his successor is elected and quali- fied. ^ 194. No incorporation allowed under former laws.] § 16. After the taking effect of this act, no town or city shall be- come incorporated under any other general law then in force for the incorporation of towns or cities. 195. Changing from city to village.] § 17. That it shall be the duty of the mayor and common council of any city, upon petition of one-fourth of the legal voters thereof, and upon ten days’ previous notice of such application by the city clerk, published in some newspaper printed in said city, or by posting such notices in five of the most public places within said city, for said period, in case no such newspaper is printed in said city, to fix the time and call an election to decide whether said city shall be organized into a village. The said election shall be governed by the provisions of sections fifty (50), fifty-six (56) and fifty-seven (67) of said act, and the legal voters at said election shall vote for or against the organization of said city into a village, and the tickets shall be written or printed “For village organization,” or “Against village organization;” and if there shall be a majority of the votes cast at said election in favor of the organization of said city into a village, then said city shall be a village within the meaning- of said act under its former name so changed, and shall succeed to all the rights and be liable for all the debts and legal liabilities of said city; and the mayor of said city shall, within ten days after said election, give notice of the time and place of the election of trustees, as near as may be, as provided for under sections one hundred and eighty-four (181) and one hundred and eighty-five (185) of said act, who shall hold their offices until the next regular election: Provided, that after one election shall have taken place, no other election for a like purpose until one year shall have elapsed. [This section :i(lded to the foregoing act by amendment approved May 29, 1879.] 80 STATUTES RELATING TO MISCELLANEOUS STATUTES AFFECTING THE GOVERNMENT OF CITIES. Actions to Recover Fines and Penalties — How Brought; Punishment for Violating Ordinances. AN ACT entitled “An act in regard to suits by incorporated cities and villages, and to enforce penalties and recover fines for violating the ordinances thereof. [Approved May 31, 1879. In force July 1. 1879.] 196. Suits — how brought, etc.'] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all actions to recover any fine, or to enforce any penalty, under any ordinance of any city or village in this State, 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 ordinance shall con- stitute 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. AN ACT to provide for the punishment of persons violating any of the ordi- nances of the several cities and villages in this State. [Approved and in force April 12, 1879.] 197. Arrest — imprisonment — ivorkhouse.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in all actions for the violation of any ordinance of any city or village organized under any general or special law of this State, 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 81 THE CITY OF SPRINGFIELD. been violated, and that the person making the complaint has reasonable grounds to believe the party charged is guilty thereof; and any person arrested upon such warrant, shall, without unnecessary delay, be taken before the proper officer, to be tried for the alleged offense. Any person 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, work-house, house of correction, or other place pro- vided by such cities or villages, by ordinance, for the incar- ceration of offenders until such fine, penalty and cost be fully paid : Provided, that no such imprisonment shall exceed six months for any one offense. The city council or board of trustees of any such cities or villages shall have power to provide by ordinance that every person so committed shall be required to work at such labor as his or her strength will permit, within and without such prison, work- house, house of correction or other place provided for the incarceration of such offenders, not to exceed ten hours each working day; and for such work the person so employed, or worked, shall be allowed, exclusive of his or her board, the sum of fifty cents for each day’s work on account of such fine and costs. 198. Repeal.'] § 2. All acts and parts of acts incon- sistent with the foregoing section are hereby repealed. 199. Emergency.] § 3. Whereas, in some of the cities and villages in this State, there is no authority for the imprisonment of offenders in work-houses or houses of cor- rection, and requiring such offenders to work, therefore, an emergency is declared to exist, and this act shall be in force from and after its passage. Annexing and Excluding Territory. AN ACT to provide for annexing and excluding territory to and from cities, towns and villages, and to unite cities, towns and villages. [Approved April 10, 1872. In force July 1, 1872.1 200. Petition to he annexed — annexing.] § 1. Beit enacted hy the People of the State of Illinois, represented in the General Assembly, That on petition, in writing, signed by not less than three-fourths of the legal voters, and by the owners of not less than three-fourths (in value) of the property in any territory contiguous to any city or incorporated village or town, and not embraced within its limits, the city council or board of trustees of said city, village or town (as the case —6 82 STATUTES RELATING TO may be) may, by ordinance, annex such territory to such city, village or town, upon tiling a copy of such ordinance, with an accurate map of the territory annexed (duly certi- fied by the mayor of the city or president of the board of trustees of the tillage or town), in the office of the recorder of deeds in the county where the annexed territory is situated, and have the same recorded therein: Provided, that no portion, less than the whole of an incorporated city, town or village, shall be annexed to another incorporated city, town or village, except in the -mode provided in this act for the annexation of the whole of an incorporated city, town or village, to another city, town or village. 201. Annexing one corporation to another.'] § 2. x\ny incorporated city, village or town may be annexed to another incorporated city, village or town, by ordinance passed by a two-thirds vote of all the aldermen or trustees elect of each corporation desiring annexation : Provided, such annexation shall not affect or impair any rights or liabilities either in favor of or against such corporations ; and suits founded upon such rights and liabilities may be commenced, and pending suits may be prosecuted and carried to final judg- ments and execution, the same as if such annexation had not taken place. In making such annexation, the corpora- tions so uniting may, by ordinance, fix the terms of the annexation, which shall have the force and effect of a bind- ing contract : Provided, however, that no such ordinance shall be of any binding force or effect until submitted to a vote of the legal voters of such city, town or village, at a general election thereof, and adopted by a majority of all the voters voting thereon at such election, notice of which shall be given at the same time and in the same manner as required for the election of the officers of such city, town or village: And, provided, also, that the vote shall be by ballot, which shall be “For union ordinance,” or, “Against union ordinance,” and shall be received, canvassed and returned the same as ballots for municipal officers of such city, town or village. 202 . Proceedings by corporation to annex territory.] § 3. When any incorporated city, village or town shall desire to annex any contiguous territory thereto, and the same shall not have been petitioned for as provided in section one of this article, it shall be lawful for the city council or board of trustees of such city, village or town, by a two-thirds vote of all the aldermen or trustees elect, by ordinance or reso- lution, to authorize the mayor of such city or the president of the board of trustees of such village or town, to petition the circuit court of the county in which the territory desired to be annexed or a major part thereof is situated, praying THE CITY OF SPKINGFIELD. 83 such annexation to be made. The petition shall contain a copy of such ordinance or resolution, and an accurate map of the territory which it is desired to annex, showing all such subdivisions that shall have been made therein. Such petition shall be filed with the clerk of the court at least ten days before the first day of the term at which it is pro- posed to be heard: Provided, that nothing in this section contained shall authorize said petition to be filed unless the territory so sought to be annexed (except territory intervening between a city and town, or two or more cities or towns, desiring to become united under this act), shall contain an actual resident population of at least one’' hundred and fifteen inhabitants to each section or fractional part of a section so sought to be annexed— which said fact shall be alleged in said petition, and proved on the hearing thereof, the same as any other allegation in said petition. 203. Notice of ^proceedings.'] § 4. When it shall be deter- mined to present such petition, the mayor or president of the board of trustees (as the case may be) shall cause notice of the time and place where and when the petition will be or has been filed, and at what term of court the hearing thereof will be had, and setting forth the boundaries or a general description of the territory proposed to be annexed — to be given by publication at least once in each week, for ^ two successive weeks, in some newspaper published in the * county where the petition is filed or to be filed (or, if no newspaper is published in such county, then in the nearest newspaper published in this State), and by posting up notices at least fourteen days before such time of hearing, in at least three of the most public places in the territory proposed to be annexed, and a like number in the city, village or town to which it is desired to annex such territory. 204. Objections to annexation — trial.] § 5. The legal voters resident upon the territory thus proposed to be an- nexed, or any of them, or any owner of land therein, or any voter of such city, village or town, may appear at such hearing and show cause why such annexation should not be made; and the court, or a jury impanneled for that purpose (no member of the jury so impanneled shall be a resident of the corporation or territory to be annexed, nor of the town nor towns in which said corporation or territory may be situated), shall hear all competent evidence that may be offered by either party; and the court may continue the hearing from time to time, for any cause, and may make all proper orders in regard to the hearing, giving of notices, and other disposition of the case. 84 STATUTES RELATING TO 205 . Finding— costs, etc.'] § 6. If, upon the hearing, the court or the jury shall find that such territory ought to be annexed to such city, village or town, and can be so done without injustice to the inhabitants or persons interested, the court shall so order. If the court shall find against the petitioners, the petition shall be dismissed at the cost of the petitioners ; and no subsequent petition shall be presented for the^ annexation of any of the territory embraced in such petition, within one year from the time of entering such order : Provided, that new trials may be granted as in other jury cases. ^ 206 . Proceedings hy owner to he annexed.] § 7. When not less than a majority in number of the legal voters or the owner or owners of any tract of land, contiguous to any incorporated city, village or town, shall, by petition, in writing, signed by them, and filed in the circuit court of the county where such territory or a major part thereof is situ- ated, pray to be annexed to such city, village or town, the like proceedings may be had thereon, and with the like effect, as in case of a petition by a city, village or town : Provided, a copy of the notice required to be given shall be left with the mayor of such city, or president of such village or town, at least ten days before such petition is heard. 207 . Proceedings to disconnect.] § 8. Whenever a ma- jority of the legal voters of any territory within any city, town or village, and being upon the border and within the boundary thereof, shall petition the circuit court of the county in which such city, town or village is situated, praying to be disconnected therefrom, such petition shall be filed with the clerk of the court at least ten days before the first day of the term at which it is proposed to be heard, and like proceedings shall be had as is required by section four, five and six of the act for the annexation of territory to such city, town or village : Provided, that the provisions of this section shall only apply to lands not laid out into city or town lots or blocks. 208 . Map and ordinance to he recorded.] § 9. When any territory is annexed to any city, village or town, as provided in this act, it shall be the duty of the mayor of such city, or the president of the board of trustees of the village or town (as the case may be,) to cause an accurate map of such added territory, together with the ordinance for the annexation, certified by such mayor, and if a decree or order of the court has been made therefor, a copy of the same, to be filed for record, and recorded in the recorder’s office for the county in which such added territory is situated. If THE CITY OF SPRINGFIELD. 85 territory is disconnected or excluded from any city, village or town, a copy of the ordinance or decree therefor shall be so filed for record and recorded. 209 . School districts.] § 10. All school districts, and other corporations incorporated for school purposes, under special acts of the legislature, desiring to annex or dis-annex territory, may proceed under the provisions of this act. 210. Judicial notice.] § 11. All courts in this State shall take judicial notice of cities, towns and villages, and of the changes of their territory, made under the provisions of this act.^ AN ACT in relation to the disconnection of territory from cities and villages. [Approved and in force May 1879.1 211 . Disconnecting of territory.] § 1. Be it enacted hy the People of the State of Illinois^ represented in the General Assembly, That whenever the owners representing a majority of the area of land of any territory within any city or vil- lage, and being upon the border and within the boundary thereof, and not laid out into city or village lots or blocks, shall petition the city council of such city, or the trustees of such village, praying the disconnection of such territory therefrom, such petition shall be filed with the city clerk of such city, or the president of the trustees of such village, accompanied with a certificate of the county clerk, showing that all city taxes or assessments due up to the time of presenting such petition are fully paid, at least ten days before the meeting of such city council, or trustees, at which it is proposed to present such petition; and the city clerk of such city, or president of the trustees of such village shall present such petition to the city* council or trustees, as the case may be, and upon such presentation, the city council of such city, or trustees of such village may, by ordinance, to be passed by a majority of the members elected to such city council or board of trustees, disconnect the territory described in such petition from such city or village : Provided, hoivever, that the territory so disconnected shall not thereby be exempted from taxation, for the purpose of paying any indebtedness contracted by the corporate authorities of such city or village, while such territory was within the limits thereof, and remaining unpaid, but the same shall be assessed and taxed for the purpose of paying such indebtedness, the same as if such territory had not been disconnected, until such indebtedness is fully paid. 1. So much of the above act as attempts to confer power upon the courts to change the boundaries of municipal bodies, is held unconstitutional; such E ower being legislative and not judicial. City of Galesburg vs. Hawkinson. 75 .1., 152; Covington vs. East St. Louis. 78 111., 548. 8G STATUTES KELATING TO 212. Ordinance recorded.'] § 2. A copy of the ordinance disconnecting territory from any city or village, certified by the clerk of such city, or president of the trustees of such village, shall be filed for record and recorded in the recorder’s office of the county in which such disconnected territory is situated, and another copy of such ordinance, so certified, shall he filed with the clerk of the county court of the county in which such disconnected territory is situated. 213. Judicial notice.] § 3. All courts in this State shall take judicial notice of cities and villages, and of the changes made in their territory, under this act. 214. Repeal.] § 4. All acts and parts of acts in con- flict with this act are hereby repealed. 215. Emergency .] § 5. Whereas, there is no valid law in force in this State enabling cities and villages to decrease their corporate limits, and special legislation therefor by the General Assembly is forbidden by the Constitution of this State, therefore an emergency exists why this ordinance should take effect immediately ; therefore this act shall take effect and be in force from and after its passage. B ONDS — Municipal . AN ACT to amend an act approved April 27, 1877, entitled “An act to amend an act entitled an aci relating to county and city debts, and to provide for the payment thereof by taxation in such counties and cities, approved February 13, 1865, and to amend the title thereof.” [Approved June 4, 1879. In force July 1. 1879.] 216. Neiv bonds may he issued for indebtedness in place of old ones.] § 1. That in all cases where any county, city, town, township, school district, or other municipal corpora- tion, has issued bonds or other evidences of indebtedness, for money, or has contracted debts, which are the binding subsisting legal obligations of such county, city, town, town- ship, school district, or other municipal corporation, and the same, or any portion thereof, remain outstanding and unpaid, it shall be lawful for the proper corporate authorities of any such county, city, town, township, school district, or other municipal corporation, upon the surrender of any such bonds or other evidences of indebtedness, or any number or portion thereof, to issue, in lieu or place thereof, to the owners or holders of the same, new bonds prepared as hereinafter directed, and for such amounts, upon such time not exceed- ing twenty years, payable at such place, and bearing such rate of interest, not exceeding seven per centum per annum, as may be agreed upon with the owners or holders of such THE CITY OF SPE NGFIELD. 87 outstanding bonds or other evidences of indebtedness : Pro- vided, that bonds issued under this act, to mature within five years from their date, may bear interest not to exceed eight per cent, per annum. And it sball also be lawful for the proper corporate authorities of any such county, city, town, township, school district or other municipal corpora- tion, to cause to be thus issued, such nev/ bonds and sell the same, to raise money to purchase or retire any or all uf such outstanding bonds or other evidences of indebtedness ; the proceeds of the sales of such new bonds to be expended, under the direction of the corporate authorities aforesaid, in the purchase or retiring of the outstanding bonds or other evidences of indebtedness of such county, city, town, town- ship, school district, or municipal corporation, and for no other purpose whatever. Ail bonds, or other evidences of in- debtedness, issued under the provisions of this act, shall show upon their face that they are issued under this act, and the purpose for which they are issued, and shall be of uniform design and style, throughout the State, to be pre- scribed by the State Auditor, whose imperative duty it shall be to devise and prepare such uniform style and draft adapted to the classes of bonds herein provided for, namely : The first class to consist of bonds of which only the interest is payable annually; the second class to consist of those of which the interest and five per centum of the principal are to be paid annually, and the third class to consist of a graduated series, the first grade made payable, principal and interest, at the end of one year from the date of is=:ue ; the second at the end of two years, and ihus to the end of the series, the class to be issued being at the option of the legal voters expressed as herein provided. In any case, the new bonds, or other evidences of indebtedness, authorized to be issued by this act, shall not be for a greater sum, in the aggregate, than the principal and accrued or earned interest, unpaid, of such outstanding bonds or other evidences of indebtedness. And when such new bonds, or other evidences of indebtedness, shall have been issued in order to be placed on the market and sold to obtain proceeds with which to retire outstanding bonds, or other evidences of indebtedness, it shall be the duty of the State Auditor, on the request of the corporate authorities issuing them, and at the expense of the corporation in whose behalf the issue is thus made, to negotiate the same, at not less than par value, and on the best terms which can be obtained: Provided, always, that any such county, city, town, township, scliool district or other municipal corporation issuing bonds under the pro- visions of this act, may, through its corporate authorities duly authorized, negotiate, sell or dispose of said bonds, or any part thereof, at not less than their par value, without 88 STATUTES KELATING TO the intervention of the Auditor of State. And provided, further, that no new bonds, or other evidences of indebted- ness, shall be issued under this act, unless the same shall be first authorized, as hereinafter provided, by a vote of a majority of the legal voters of such county, city, town, town- ship, school district, or other municipal corporation voting at some general election, or special election held for that purpose. 217. Valuation of taxable property to he indorsed on bond,'] § 2. In all cases where any county, city, town, township, school district or other municipal corporation shall issue any bonds, or other evidences of indebtedness, under this act, it shall be the duty of the county clerk of such county, or other officer to whom, or to whose office, the assessment rolls for State taxation of the property within such county, city, town, township, school district, or other municipal corporation, are or shall be returnable, within five days after the total value of the property subject to taxation therein shall be returned to him, to make out and transmit to the Auditor of Public Accounts, to be filed in his office, a certificate setting forth the total value of all taxable property, of every nature and description, within such county, city, town, township, school district, or other municipal corporation, as exhibited by such assessment; and it shall be the duty of the Auditor of Public Accounts to place on the back of all new bonds, or other evidences of indebtedness, issued under the provisions of this act, a certificate setting forth an aggregate statement of the amount of valuation of the taxable property of the municipal corporation issuing such new bonds, or other evi- dences of indebtedness ; said certificate specifically distin- guishing the value of real estate and personal property, and being based on the return provided for in this section, or, if there should be no such return made by the county clerk to the State Auditor, then based on an affidavit made by the officials of the corporation issuing the bonds. 218. Election — notice.] § 3. It shall be lawful for the corporate authorities of any such municipal corporation, or officers authorized by law to call elections therein, on the petition of ten legal voters, resident therein, to submit to the voters thereof, at any general or special election, the question of issuing bonds under this act, by posting a notice in ten of the most public places therein, and by publishing the same in the nearest newspaper, twenty days before said ejection, which notice shall state the number and amount of the bonds proposed to be issued ; the kind or class thereof as specified in the first section of the act of 1865, as hereby amended, and as also amended by the said act of 1877 ; the THE CITY OF SPRINGFIELD. 89 amount of each; the rate of interest, under the limitation of this amendatory act ; when and where payable ; for what purpose issued, and the time and place when and where said election will be held. And upon like petition and notice, it shall be lawful for such corporate authorities, or officers, to submit tliQ question of issuing bonds under this act, at a special election, which shall be held and conducted in like manner as other elections therein. The ballots shall read “For issuing the bonds,” or “Against issuing the bonds.” If a majority of the votes cast be “For issuing the bonds,” the same shaJl be issued in conformity to the specifications of said notice. Nothing contained in this act, or in the acts to which this is an amendment, shall be held to repeal, or in any wise affect the power of the city of Chicago, to issue new bonds of said city conferred by an act of the General Assembly, approved February 13, 1865, amending the charter of said city, nor in anywise affect any other law which authorizes municipal corporations to issue bonds, or other evidences of indebtedness, and which does not provide for the registration thereof, 219 . Registration.^ § 4. Upon the surrender of any bond, or other evidence of indebtedness, under this act, the same shall be endorsed canceled, and shall, from- time to time, be destroyed, under the direction of the authority issuing the same. Upon the issuing of any new bond, or other evidence of indebtedness, the clerk, or other officer having custody of the records of the fiscal matters of such county, city, town, township, school district or other municipal corporation, as the case may be, shall make registration thereof in a book kept in his office for that purpose, showing the date, amount, number, class, date of maturity, rate of interest and place of payment of such new bond, or other evidence of indebted- ness, and the description of the bond, or other evidence of indebtedness, for which, or for the purchasing or retiring of which, the same was given, as nearly as practicable. On presentation of any such new bond, or evidence of indebted- ness, issued under this act, at the office of the Auditor of Public Accounts, for registration, the said Auditor shall cause the same to be registered in his office, in a book to be kept for that purpose ; such registration shall show the date, amount, number, class, date of maturity, rate of inter- est, time when such interest is payable, and place of pay- ment of the principal and interest of such bond, or other evidence of indebtedness, under what act, by what authority, for what purpose, and by what county, city, town, township, school district, or other municipal corporation, issued, and the name of the person, or persons, presenting the same for registration, and for such registration the Auditor shall be entitled to a fee of twenty- five cents, and the Auditor shall. 90 STATUTES RELATING TO under his seal of office, certify upon such bond the fact of such registration for which the Auditor shall be entitled to a fee of twenty-five cents, such fees to be paid by the person or persons desiring such registration and certificate. No bonds issued under this act shall be entitled to registration in the office of the State Auditor, until a sworn certificate shall have been filed with him, showing that all the require- ments of this act have been fully complied with, in their issue. In the case of county bonds, such affidavits shall be made by the chairman of the county board ; in case of township bonds, by the supervisor of such township ; in case of city bonds, by the mayor of such city; in case of town or village bonds, by the chairman of the town or village board ; and in the case of school district bonds, by each of the directors of such school district. Said certificate shall set forth the date of the election at which the people authorized the issuance of the bonds, and shall state the class, date, number, amount, rate of interest and date of maturity of the bonds, the aggregate equalized value of real property, and the aggregate equalized value of personal property assessed in such locality, for the previous year, together with any other information in relation thereto, which may be demanded by the Auditor of Public Accounts. 220. Auditor to certify rate required.] § 5. When the bonds, or other evidences of indebtedness, of any county, city, town, township, school district, or other municipal corporation, shall be so registered, the Auditor of Public Accounts shall annually ascertain the amount of principal and interest due and accrued, and to accrue, for the current year, on all such bonds, and evidences of indebtedness, so registered in his office, and shall, upon the basis of the certificate of the valuation of property to be transmitted to him, as aforesaid, or, in case no such certificate shall be transmitted to him or filed in his office, then upon the basis of the total valuation of the property in such county, city, town, township, school district, or other municipal corpora- tion, for the year next preceding, estimate and determine the rate per centum, upon the valuation of such property, requisite to meet and satisfy the said interest, or interest and principal, as the case may be, together with the ordi- nary cost to the State, of the collection and disbursement of the same, to be estimated by the Auditor and State Treasurer, and shall make and transmit to the county clerk of such county, or of the -county in which such city, town, township, school district, or other municipal corporation is situated, or to the officer or authority whose duty it is, or may be, to prepare the estimate, and books for the collection of State taxes in such county, city, town, township, school district, or other municipal corporation, a certificate setting THE CITY OF SPRINGFIELD. 91 forth such estimated requisite per centum for such purposes, to be filed in his office ; and the said per centum shall thereupon be deemed added to and a part of the per centum which is or may be levied, or provided by law, for the pur- poses of State revenue, and shall be so treated by such clerk, officer or authority in making such estimates and books for the collection of State taxes, and the said taxes shall be collected with the State taxes, and all laws relating to the State revenue shall apply thereto, except as herein otherwise provided. Provided^ that it shall be lawful for the county collector, at any time before settlement with the State Treasurer, to pay from such taxes any coupons that are due, for interest that may be presented for payment, and to pay from any surplus, not required for interest purposes, the principal of any such bond that may be presented for payment, whether due or not ; and in settlement with the State Treasurer the county collector shall be credited with such paid coupons and bonds the same as money. 221. State custodiari — collection — payment.] § 6. The State shall be deemed the custodian only of the tax so collected, and shall not be deemed, in any manner, liable on account of such bonds, or other evidences of indebtedness ; but the tax and funds so collected shall be deemed pledged and ap- propriated to the payment of the principal and interest of the registered bonds, and evidences of indebtedness, to satisfy which the same is hereinbefore provided to be collected, as aforesaid, and such new bonds, and evidences of indebtedness, issued under the authority hereof, shall be deemed secured and provided for, in virtue and faith hereof, until fully satisfied. The State shall annually collect and apply the said fund to the satisfaction of the interest, or interest and portion of the principal, as the case may be, of such regis- tered bonds, or evidences of indebtedness, of any such county, city, town, township, school district, or other municipal cor- poration, to the extent the same is herein contemplated to be derived from such tax, in the same manner as the in- terest on the bonds of the State is or may be collected or paid, and in like moneys as shall be receivable in payment of State taxes ; and moneys so paid upon the principal of any such bonds, or evidences of indebtedness, shall be en- dorsed thereon, and due receipts therefor shall be taken and filed in the office of the Auditor of Public Accounts, or State Treasurer, and interest coupons or bonds, or other evidences of indebtedness, so paid, shall be returned to one of said officers, and shall be canceled and returned to the corporate authorities of the municipality which issued the same, in the manner now provided by law. 92 STATUTES RELATING TO 222. How money disbursed.'] § 7. The State may, out of such fund, first retain or satisfy the ordinary cost to the State of the collection and disbursement thereof ; and in case of the non-presentment of any such bond, or evidence of in- debtedness, or interest coupon of any such county, city, town, township, school district, or other municipal corpora- tion, for payment, at the times and when and where the interest on the State debt is or may be paid, then, on the beginning of the next year, the moneys by reason thereof undisbursed, together with any surplus for any cause re- maining, shall be carried to the fund of such county, city, town, township, school district, or other municipal corpora- tion, of the current or ensuing year, and be considered by the Auditor in making his next estimate for taxation therein for such year under this act, and shall be applied accord- ingly. All laws relating to the payment of interest on the State debt, or the cancellation of the evidences thereof, not inconsistent with this act, shall apply to the receipt, custody and disbursement of the taxes and funds provided by this act. 223. When registered bonds mature and are not paid.] § 8. Upon the maturity of such registered bond, or other evi- dence of indebtedness, and the non-payment thereof by the county, city, town, township, school district, or other muni- cipal corporation, issuing the same, the holder thereof may cause the same to be registered in the office of the Auditor, as a matured or unsatisfied bond, or evidence of indebted- ness, and thereupon, for the purpose of providing for the payment of the principal thereof, at the rate of five per centum of such principal, annually, and of the interest thereon in arrear, and for the current year to accrue, to- gether with the cost to the State of the collection and dis- bursement thereof, as aforesaid; the same proceedings, in all respects, shall be had as is hereinbefore provided for the payment of the interest on such bonds and evidences of in- debtedness, by the collection of an annual tax sufficient for the purposes in the section contemplated ; and the same shall be collected and applied, as aforesaid, to such purpose, from year to year, until the full satisfaction thereof, when such bonds, or evidences of indebtedness, shall be canceled, and returned as hereinbefore provided. 224. Entry of payment.] § 9. Upon the payment of any such registered bond, or evidence of indebtedness, and pre- sentation thereof to the Auditor, he shall cause due entry thereof to be made in his office. 225. Fees — collector's bond.] § 10. There shall be allowed to the officers collecting and paying over the taxes author- ized to be collected under the provisions of this act, the THE CITY OF SPRINGFIELD. 93 same fees or compensation as is allowed by law for col- lecting and paying over State taxes, and where such tax is levied, the bonds of the collectors thereof shall be increased in proportion to the estimated amount of such tax to be collected. 226 . Bonds — hy whom executed.] § 11. All bonds issued under this act shall be executed on behtlf of the munici- palities issuing the same, by the following named officers, viz : On behalf of counties under the township organization laws of this State, by the chairman of the board of super- visors, and the clerk of the county court attesting the same with his signature and official seal. On behalf of counties not under township organization, by the acting chairman of the board of county commissioners, together with the clerk of the county court attesting the same with his signature and official seal. On behalf of cities, by the mayor and city clerk, together with the seal of the city. On behalf of towns organized under the township organization law of this State, by the supervisor or supervisors of such town (as the case may be) and the town clerk of such towns. On behalf of all other municipalities hereinbefore mentioned, by the president, chairman, or chief executive officer thereof, to- gether with the clerk or secretary thereof:- Provided, that nothing herein contained shall be so construed as to author- ize the officers herein mentioned to issue bonds under this act, except upon a majority vote of the voters, as herein- before provided. [This' section added to the foregoing act by act approved May 28, 1879, in force July 1, 1879. Official Bonds. AN ACT to revise the law In relation to official bonds. [Approved March 13, 1874. In force July 1, 1874.J 227 . When additional or neiv bonds may he required.] § 1. Be it enacted hy the People of the State of Illinois, rep- resented in the General Assembly, That all official bonds required by law to be given by any public officer, or public employe, including executors, administrators, guardians and conservators, in this State, shall be signed and sealed by any said officer, employe, executor, administrator, guardian or conservator and his securities, and acknowledged before some officer authorized by law to take acknowledgments of instruments under seal, which said acknowledgments shall be substantially in the following form: 94 STATUTES KELATING TO STATE OF Uc County of I , hereby certify that who are each per- sonally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowl- edged that they signed, sealed and delivered said instrument as their free and voluntary act for the uses and purposes therein set forth. Given under my hand and seal, this day of A. D Which acknowledgment shall be deemed and taken i^rima facie evidence that the instrument was signed, sealed and acknowledged in the manner therein set forth, and such acknowledgments shall have the same force and effect, as evidence in all legal proceedings, as that given to acknowl- edgments of deeds of conveyance of real estate. That all public officers or employes who are compelled to give official bonds may be required by the court, officer, or board whose duty it is to take or approve such bonds, to give additional surety or new bonds whenever the security of the original bond has become insufficient by subsequent insolvency, death or removal of the sureties, or any of them, or when for any cause any such bond shall be deemed insufficient. Any officer or employe failing to give bond when required, pur- suant to this section, within ten days after he is notified in writing of such request, shall be deemed to have vacated his office. [As amended by act approved May 31, 1879; in force July 1, 1879. 228. Release of sureties.'] § 10. When a surety upon the official bond of any State officer or agent, county, town, city, village, incorporated town or other public officer, or the heir, executor or administrator of such surety, desires to be released from such bond, he may give notice in writing to the officer upon whose bond he is surety that he desires to be released, and that such officer give a new bond with sufficient sureties within ten days after receiving such notice, and may within five days after the service of such notice deliver a copy of the same, with an affidavit showing the time and manner of service, to the court, officer, or board authorized to approve the bonds of such officers. And if such officer shall not within ten days after receiving such notice, or within such further time, not exceeding twenty days, as the court, officer or board shall allow, give a new bond with sufficient security, approved as required by law, his office shall become vacant, and the vacancy shall be filled as provided by law. 229. Effect of new bond.] § 11. If a new bond shall be given by any officer, as provided in the foregoing section of this act, then the former sureties shall be entirely released and discharged from all liabilities incurred by any such officer in consequence of business which may have come to THE CITY OF SPKINGFIELD. 95 hand from and after the time of the approval of the said new bond, and the sureties to the new bond are hereby cleclared to be liable for all the official delinquencies of said officer, whether of omission or commission, which may occur after the approval of the new bond as aforesaid ; but the provisions of this act shall not be so construed as to operate as a release of the sureties of any of the aforesaid officers, for liabilities incurred previous to the filing of a new bond, as required in the foregoing section of this act. 230 . When effects to he delivered to sureties.'] § 12. It shall be the duty of such officer, if he fail to give bond as provided for in this act, forthwith to deliver over to his sureties all books, moneys, vouchers, papers, and every description of property whatever pertaining to his office, and the said sureties may, at any time after said failure to file said bond, maintain an action of replevin, or other appro- priate action, to recover such property, money or effects from their said principal. 231 . Suit on bond — executors, etc.] § 10. Whenever the condition of the bond of any public officer shall be violated, suit may be instituted on such bond, and prosecuted to final judgment against such officer, and any or all of the sureties, or against one or more of them, jointly and severally, with- out first establishing the liability of the principal by obtaining judgment against him alone. The provisions of this section shall extend to the official bonds of executors, administra- tors, guardians and. conservators, and in suits thereon it shall not be necessary to a recovery that a devastavit should have previously been established against the principal. 232 . Execution — lien.] § 14. Execution may issue on any judgment so rendered, as in ordinary cases, but the officer executing the same shall not levy upon the property of the sureties until he shall fail to find sufficient property of the principal to satisfy such execution : Provided, however, the judgment and execution shall be a lien upon the property of the sureties as in ordinary cases. Notes to “ Official Borxds:” (a) A voluntary office bond, althoufrh not in the form required by law, is not void. Todd vs. Cowell, 14 111., 73; U. S. vs. Linn, 15 Peter’s U. S. R., 290. ib) Nam(}s of sureties need not be inserted in the body oi the bond. Neil vs. Morgan, 28 III., 524. (c) As to new bond, see MeElhanon vs. Washington county, 54 III, 163. id) In suits on bonds, liability is determined by the law in force at the time the bond is made. Freudenstein vs. McNeir, 81 111., 208. (e) Misrepresentations to surety by principal at the time of executing the Imnd is no defense in a suit against the surety. Ladd vs. Board of Supervisors, 80 111., 2.3.3. if) Where an officer is elected his own successor, sureties on the second bond will be liable for moneys in his hands at the expiration of his first term. Morley vs. Town of Metamora, 78 111., 394. 96 STATUTES KELATING TO Bonds of Dram-Shop Keepers. AN ACT to provide for the licensing of and against the evils arising from the sale ot intoxicating liquors. [Approved March 30, 1874. In force July 1, 1874.1 * * * H: 233. Bond — hoiv taken — suit on.] § 5. No person shall be licensed to keep a dram-shop, or to sell intoxicating liquors, by any county board, or the authorities of any city, town or village, unless he shall first give bond in the penal sum of $3,000, payable to the people of the State of Illinois, with at least two good and sufficient sureties, free-holders of the county in which the license is to be granted, to be approved by the officer who may be authorized to issue the license, conditioned that he will pay to all persons all dama- ges that they may sustain, either in person or property, or means of support, by reason of the person so obtaining a license, selling or giving away intoxicating liquors. The offi- cer taking such bond may examine any person offered as security upon any such bond, under oath, and require him to subscribe and swear to his statement in regard to his pecuniary ability to become such security. Any bond taken pursuant to this section may be sued upon for the use of any person, or his legal representatives, who may be injured by reason of the selling or giving away any intoxicating liquor by the person so licensed, or by his agent or servant. Cemeteries. AN ACT to enable cities and villages to establish and regulate cemeteries. [Approved March 24, 1874. In force July 1, 1874.] 234. Power of city or village to establisJ^, etc.] § 1. Be it enacted hy the People of the State of Illinois^ represented in the General Assembly, That any city, village or township in this State, may establish and maintain cemeteries within and without its corporate limits, and acquire lands therefor, by purchase, condemnation or otherwise; and may lay out lots of convenient size for families, and may sell lots for family burying ground, or to individuals for burial purposes. [As amended by act approved May 25, 1877. AN ACT to provide for the removal of cemeteries. [Approved April 24, 1873. In force July 1, 1873.1 235. When cemetery may be removed — expense.] § 1. Be it enacted by the People of the State oj Illinois, represented in the General Assembly, That whenever any cemetery shall be THE CITY OF SPRINGFIELD. 97 embraced within the limits of any town or city, it shall be lawful for the corporate authorities thereof, if, in their opinion, any good cause exists why such cemetery should be removed, to cause the remains of all persons interred therein to be removed to some suitable place : Provided, said corpo- rate authorities shall have first obtained the assent of the trustees or other persons having the control or ownership of said cemetery, or a majority thereof: And, provided, further, that when such cemetery is owned by one or more private parties, or private corporation or chartered society, the corpo- rate authorities of such town or city may require the removal of such cemetery to be done at the expense of such private parties, or private corporation or chartered society, if such removal be based upon their application. Dram-Shops. AN ACT to restrict the powers of counties, cities, towns and villa'res in licens- ing dram-shops, to provide for granting a license to retail malt liquors separately, and for punishing persons holding such separate license for unlawful sale and gifts. [Approved June 15, 18S3. In force July 1, 1883.1 236 . How licenses may he granted.'] § 1. Be it enacted hy the People of the State of Illinois, represented in the General Assembly, That hereafter it shall not be lawful for the corpo- rate authorities of any city, town or village in this State, to grant a license for the keeping of a dram-shop, except upon the payment, in advance, into the treasury of the city, town or village granting the license, such sum as may be deter- mined by the respective authorities of such city, town or village, not less than at the rate of five hundred dollars ($500) per annum : Provided, that in all cases when a license for the sale of malt liquors only is granted, the city, town or village granting such license, may grant the same on the payment, in advance, of the sum of not less than at the rate of one hundred and fifty dollars ($150) per annum : And, provided, farther, that the city councils in cities, the board of trustees in towns, and president and board of trustees in villages, may grant permits to pharmacists for the sale of liquors for medicinal, mechanical, sacramental and chemical purposes only, under such restrictions and regulations as may be prescribed by ordinance.^ 1. A fee received fPr , 1879, in force July 1. 1879.1 240 . Elections.] § 1. Be it enacted hy the People of the State of Illinois, represented in the General Assembly, That hereafter the regular charter election for the election of city officers of any city having the same territory as an organized township, shall take place on the same day provided by law for the township election, to-wit ; On the first Tuesday of April, anything in the charter of such city to the contrary notwithstanding, and such charter and township elections may be conducted in all respects as provided in and by an act entitled “An act to amend section seven (7) of article seven of an act entitled ‘An act to revise the law in relation to township organization,’ ” approved and -in force March 4, 1874; approved and in force March 9, 1877. Provided, that this act shall not be so construed as to require any city to hold its charter election oftener than its charter may prescribe. AN ACT to amend section seven (7) of article seven (7) of an act entitled “An act to revise the law in relation to township organization,” approved and in force March 4, 1874. [Approved and in force March 9, 1877.1 Section 1. Be it enacted by the People of the State of Illinois, rejyresented in the General Assembly, That section seven of article seven of an act entitled “An act to revise the law in relation to township organization,” approved and in force March 4, 1874, be and the same is hereby amended so as to read as follows : 241 . Ballot boxes — polling places — canvass — town meeting.] § 7. The town shall supply a suitable ballot box or ballot boxes, to be kept and used in like manner as ballot boxes in other elections. In incorporated towns, or incorporated villages, whose limits are co-e::tensive with the limits of a town, or in any organized town where the number of voters at the last preceding general election exceeded three hun- dred, the county board may require one or more additional ballot boxes and places for the reception of votes to be pro* 100 STATUTES RELATING TO vided, which places shall be selected with reference to the convenience of the electors of the town, and shall designate at which of said polling places the town clerk shall act as clerk of the election ; and such polling places, when so designated, shall be the place for transacting the miscel- laneous business of the town. And when several places are so provided, the electors present shall choose from their number one assistant moderator and one assistant clerk, for each additional ballot box, to receive the votes therein, who shall take the same oath and be subject to the same pen- alties as the moderator and clerk, and shall be under the direction of the moderator. At the closing of the polls, all the said ballot boxes shall be brought together at the polling place where the town clerk acts as clerk of the election, and the votes shall be canvassed at the same time and in the same manner, and return thereof made the same as if all the votes had been cast in the same ballot box. When there shall be more than one pollirlg place designated in such towns, the general meeting for the transaction of business shall be held at the time hereafter mentioned, at the polling place where the town clerk acts as clerk of the town elec- tion ; or, if there be no town clerk, then at such places as shall be designated by the county clerk. And it shall be the duty of the town clerk, or if there be no town clerk, it shall be the duty of the county clerk to post up in three of the most public places of the town, a notice of each of the places in the town where the county board have directed and required the election to be held: Provided, however, that in towns which lie wholly within the limits of an incorporated city, the common council of such city shall divide each of such towns into election precincts, and designate the voting places in each precinct ; and any elector in such towns shall be entitled to vote for town officers only in the precinct in which he may reside. The common council of such city shall also appoint three judges of election for each of such precincts, who may be the same persons as are appointed as judges for an election for city officers held on the same day. Such judges of elec- ^ tion may choose two clerks of election for each precinct, and such judges and clerks shall take the oath of office now prescribed by the general election law of this State. The ballots cast at such election for town officers shall be de- posited in a separate ballot box, and shall be counted and canvassed by the judges of election separately from any other ballots that may be cast at any other election that may be held on the same day. Said judges of election shall cause to be kept a separate poll list, which shall contain the names of all persons voting at such election for town officers, together with their residence. And immediately upon THE CITY OF SPRINGFIELD. 101 closing the polls they shall canvass the votes polled in the manner provided by the general election law of the State, and make a written statement or certificate of the number of votes cast at such election for each person voted for, and the office for which such person received such votes, and shall, within forty-eight hours thereafter, cause such certifi- cate and the poll list, together with the ballots cast at such election, to be separately sealed up and transmitted to the clerk of the town. The supervisor, together with the assessor and collector, shall, within five days thereafter, meet and canvass said returns, and declare the result of said election. The town meetings to be held in such towns for the trans- action of town business, as now provided by law, shall be held at two o’clock in the afternoon of said day at such voting place in such town as the common council of such city may designate, at which meeting a moderator shall be chosen to preside, by the electors present, and the town clerk shall act as clerk of said meeting, and keep a record of the proceedings thereof. Electors — Eegistration of. AN ACT to amend section one (1) of an act entitled “An act for the Registry of Electors, and to prevent fraudulent voting,” approved and in force February 15, 1865. [Approved May 31, 1879. In force July 1, 1879.] 242 . Board of registration — meeting — register— for munici- pal election.] § 1 . Be it enacted by the People of the State oj Illinois represented in the General Assembly, That section one of an act entitled “An act for the registry of electors, and to prevent fraudulent voting,” be amended so as to read as follows : The persons authorized by law, or appointed by any town • or city ordinance, to act as judges or inspectors of elections in any town, city or ward or other election district or pre- cinct in this State, shall constitute a “Board of Kegistry” for their respective towns, cities, wards, districts or precincts, and shall meet on Tuesday, three weeks preceding any State election, at nine o’clock A. M., and proceed to make a list, as hereinafter prescribed, of all persons qualified and entitled to vote at the ensuing election, in the election district of which they are the judges or inspectors ; which list, when completed, shall constitute and be known as the “Kegister” of electors of said election district. In election districts in towns which lie wholly within the limits of an incorporated 102 STATUTES KELATING TO city, a register of electors shall be made for all elections, whether general, special, local or municipal in the same manner as herein provided in the case of State elections.^ 243. Repeal.] § 2. All acts or parts of acts inconsistent herewith, are hereby repealed. [See “Eegistration of Elec- tors,” chap. 46, Kev. Stat. (Hurd) 1883. Evidence. AN ACT in regard to evidence and depositions in civil cases. [Approved March 29. 1872. In force July 1, 1872.1 * * * * * * * * 244. Records of cities, etc., — how certified.] § 14. The papers, entries, records and ordinances, or parts thereof, of any city, village, town or county, may be proved by a copy thereof, certified under the hand of the clerk or keeper thereof, and the corporate seal, if there be any ; if not, under his hand and private seal. 245. Records, etc., of private corporations — how certified.] § 15. The papers, entries and records of any corporation or incorporated association, may be proved by a copy thereof, certified under the hand of the secretary, clerk, cashier or keeper of the same. If the corporation or incorporated asso- ciation has a seal, the same shall be affixed to such certifi- cate- 246. Form of certificate.] § 16. The certificate of any such clerk of a court, city, village, town, county, or secre- tary, clerk, cashier, or other keeper of any such papers, entries, records or ordinances, shall contain a statement that such person is the keeper of the same, and if there is no seal, shall so state. ^ 247. Sworn copies.] § 18. Any such papers, entries, records and ordinances, may be proved by copies examined and sworn to by credible witnesses. 248. Penalty.] § 19. If any such officer, clerk, secretary, cashier, justice of the peace, or other person authorized to certify copies of any papers, entries, records or ordinances, shall knowingly make a false certificate, he shall be punish- able in the same manner as if he were guilty of perjury. 1. Where a person votes at an election without having been registered, and without any proof of right, if it does not appear he was challenged, or any objection made to his voting, the presumption is that he was a legal voter, and so known to the judges of the election. Dale vs, Irwin, 78 111.. 172. THE CITY OF SPRINGFIELD. 103 Houses of Ill-Fame. AN ACT to prevent the licensing of houses of ill-fame, and the oiHcial inspec- tion or medical examination of the inmates thereof, in the incorporated cities, towns and villages of this State. [Approved and in force Match 27, 1874.1 2 ^ 9 . Licensing and medical inspection .forbidden.] § 1. Be it enacted hy the People of the State of Illinois, represented in the General Assembly, That it shall be unlawful for the corporate authorities of any city, town or village in this State to grant a license to any person, male or female, to keep what is known as a house of ill-fame or house of pros- titution. And it shall be unlawful for any board of health (or any member or employe of the same) now existing, or which may hereafter exist under the laws of this State, to interfere in the management of any house of ill-fame or house of prostitution, or to provide in any manner for the medical inspection or examination of any inmate of the same. 250 . Emergency.] § 2. Whereas, the legislative author- ities of certain cities in this State are about to license houses of ill-fame, therefore an emergency exists why this act should take effect immediately; therefore, this act shall take effect and be in force from and after its passage. Insurance Companies. AN ACT to amend section thirty ^30) of an act entitled “An act to incorporate and to govern fire, marine and inland navigation insurance companies, doing business in the State of Illinois,” approved March 11, 1869. [Approved May 31, 1879. In force July 1, 1879.1 Be it enacted by the People of the State of rtlinois, repre- sented in the General Assembly, That section thirty (30) of an act entitled “An act to incorporate and to govern fire, marine and inland navigation insurance companies, doing business in the State of Illinois,” approved March 11, 1869, be and the same is hereby so amended as to read as follows : 251 . Tax on net receipts.] § 30. Every agent of any insurance company, incorporated by authority of any other State or government, shall return to the proper officer of the county, town or municipality in which the agency is estab- lished, in the month of May annually, the 'amount of the net receipts of such agency for the preceding year, which shall be entered on the tax lists of the county, town and municipality, and subject to the same rate of taxation, for all purposes — State, county, town and municipal — that other personal property is subject to at the place where located; 104 STATUTES KELATING TO said tax to be in lieu of all town and municipal licenses; and all laws and parts of laws inconsistent herewith are hereby repealed : Provided, that the provisions of this sec- tion shall not be construed to prohibit cities having an organized fire department from levying a tax, or license fee, not exceeding two per cent., in accordance with the provi- sions of their respective charters, on the gross receipts of such agency, to be applied exclusively to the support of the fire department of such city. Issuing Warrants upon Treasurer. AN ACT to provide for the manner of issuing warrants upon the treasurer of any county, township, city, school district or other municipal corporation. [Approved May 31, 1879, in force July 1, 1879.1 252. When warrants may he draivn.] § 1. Be it enacted by the People of the State of Illinois, represented in the Gen- eral Assembly, That warrants, payable on demand, shall here- after be drawn and issued upon the Treasurer of this State or of any county, township, city, school district or other municipal corporation, or against any funds in his hands, only when, at the time of the drawing and issuing of such warrants, there shall be sufficient money in the appropriate fund in the treasury to pay said warrants. 253. Issued in anticipation oj taxes.} § 2. That when- ever there is no money in the treasury of any county, town- ship, city, school district, or other municipal corporation, to meet and defray the ordinary and necessary expenses thereof, it shall be lawful for the proper authorities of any county, township, city, school district, or other municipal corpora- tion, to provide that warrants may be drawn and issued against, and in anticipation of, the collection of any taxes already levied by said authorities for the payment of the ordinary and necessary expenses of any such municipal cor- poration, to the extent of seventy-five per centum of the total amount of any said tax levy. Provided, that warrants drawn and issued under the provisions of this section, shall show upon their face that they are payable solely from said taxes when collected, and not otherwise, and shall be received by any collector of taxes in payment of the taxes against which they are issued, and which taxes, against which said warrants are drawn, shall be set apart and held for their payment. 254. Jurors certificates.} § 3. All jurors certificates shall hereafter be issued in conformity with the provisions of this act. THE CITY OF SPRINGFIELD. 105 Jurisdiction of Justices. AN A('T to provide for the election and qualification of justices of the peace and constables, and to provide for the jurisdiction and practice of justices of the peace in civil cases, etc. [Approved April 1, 1872, in force July 1, 1872.1 * * Mfr ' ^ * * * * 255 . Ordinmices.] § 14. Justices of the peace shall have jurisdiction in all cases for violations of the ordinances of cities, towns or villages. [See ante, § 70. Marketing Products. AN ACT for the Tprotection of farmers, fruit growers, vine growers and gar- deners. [Approved January 13, 1872, in force July 1, 1872.1 256 . Farmers, etc,, may sell products ivithout license .] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That every farmer, fruit and vine grower, and gardener, shall have an undisputed right to sell the produce of his farm, orchard, vineyard and garden in any place or market where such articles are usually sold, and in any quantity he may think proper, without paying any State, county or city tax, or license, for doing so, any law, city or town ordinance to the contrary notwithstanding : Provided, that the corporate authorities of any such city, town or village may prohibit the obstruction of its streets, alleys and public places for any such purpose : . And pro- vided further, that nothing in this act shall be construed as to authorize the sale of spirituous, vinous or malt liquors, contrary to laws which now are or hereafter may be in force prohibiting the sale thereof. Mayors’ Bill. AN ACT concerning the appointment and removal of city officers in all cities in this State, conferring additional powers and duties upon mayors, and concerning appropriation bills or ordinances that may be passed in such cities. [Approved and. in force April 10, 1875.] 257 . Power of mayor and council — repeal] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, [Section one (1) of this act repealed by act approved May 28, 1879.] 106 STATUTES RELATING TO 258 . Approval and veto of ordinances.] § 2. All ordi- nances passed by the city council shall, before they take effect, be deposited in the office of the city clerk, and if 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 meet- ing of the council occurring 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, and in case the veto only extends to a part of such ordi- nance, 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. 259 . Passage over mayor's veto.] § 3. 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. 260 . Emergency.] § 4. Whereas, the legislative author- ities in many cities pass their appropriation bills before the first day of July next, and mayors have no power to veto a part of such appropriation or ordinance, wherefore an emergency exists ; therefore this act shall take effect and be in force from and after its passage.^ Officers of Cities — Salaries of. AN ACT to enable the corporate authorities of cities to establish and fix the salaries of city officers. [Approved and in force April 23. 1873.1 261 . When to he fixed — not changed during term.] § 1 . Be it enacted hy the People of the State of Illinois, represented in the General Assembly, It shall and may be lawful for the common council or legislative authority of any city in this State to establish and fix the amount of salary to be paid any and all city officers, as the case may be, except mem- bers of such legislative body, in the annual appropriation 1, This act is held to be constitutional. Wright vs. People, 70 111., 388. THE CITY OF SPRINGFIELD. 107 bill or ordinance made for the purpose of providing for the annual expenses of any such city, or by sorne ordinance prior to the passage of such annual appropriation bill or ordinance ; and the salaries or compensation thus fixed or established, shall neither be increased nor diminished by the said common council or legislative authority of any such city, after the passage of said annual appropriation bill or ordinance, during the year for which such appropriation is made, and no extra compensation shall ever be allowed to any such officer or employe over and above that provided in manner aforesaid. [See ante, §§ 85, 86. 262 . Emergency.] § 2. Whereas, the corporate authori- ties of certain cities in" this State have no power to estab- lish or fix the salaries of their city officers in certain cases, whereby an emergency exists requiring this act to take effect immediately; therefore, this act shall take effect and be in force from and after its passage. Officers — Corrupt Practices of. AN ACT to prevent fraudulent and corrupt practices in the making or accept- ing of official appointments and contracts by public officers. [Approved April 9, 1872. In force July 1, 1872.1 263 . Supervisor — county commissioner.] §. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That it shall be and is hereby declared unlawful for any supervisor or county commissioner, during the term of office for which he is elected, to be appointed to, accept or hold any office, by appointment or election of the board of which he may be a member; and any and all appointments and elections by the board of supervisors or county commissioners, whereby any member or members of said board, or either of them, may be selected to fill any official position, shall be absolutely null and void. 264 . Aldermen of cities — trustees of villages.] § 2. That it shall be and is hereby declared unlawful for any alderman of any city, or member of the board of trustees of any vil- lage of this State, during the term of office for which he is elected, to accept or be appointed to, or hold any office, by appointment of the mayor or president of the board of trustees thereof; and any and all such election or appoint- ment shall be absolutely null and void. • 265 . Not to be interested in contracts — not to act as attor- ney to procure — bribery.] § 3. It shall not be lawful for any person now or hereafter holding any office, either by election 108 STATUTES RELATING TO or appointment, under the constitution of this State, to be- come in any manner interested, either directly or indirectly, in his own name or in the name of any other person or corpora- tion, in any contract, or the performance of any work in the making or letting of which /Such officer may be called upon to act or vote. And it shall not be lawful for any such officer to represent, either as agent or otherwise, any person, company or corporation, in respect of any application or bid for any contract or work in regard to which such officer may be called upon to vote. Nor shall any such officer take or receive, or offer to take or receive, either directly or indi- rectly, any money or other thing of value, as a gift or bribe, or a means of influencing his vote or action in his official character ; and any and all contracts made and procured in violation hereof shall be null and void. 266 . Penalty, ^ § 4. Any alderman, member of a board of trustees, supervisor or county commissioner, or person now or hereafter holding any office, either by election or appointment, under the constitution of this State, or any law now or hereafter in force in this State, who shall violate any of the provisions of the preceding sections, shall be deemed guilty of a misdemeanor, and, on conviction thereof, may be punished by confinement in the penitentiary for a term of not less than one year nor more than five years, or fined in a sum not less than $200 nor more than $1,000, or both, in the discretion of the court before which such conviction shall be had; and, in addition thereto, any office or official position held by any person or persons so convicted shall, by the fact of such conviction, become vacant, and shall be so declared as part of the judgment of the court; and the person or persons so convicted shall be disqualified from holding any office or position of trust and confidence in this State for the period of two years from and after the date of such conviction. Officers — Eesignations and Vacancies. AN ACT in regard to elections, and to provide for filling vacancies in elective offices. [Approved April 3, 1872. In force July 1, 1872.1 267 . Of elective offices.'] § 124.® Eesignations of elective offices shall be made to the officer, court or county board authorized by law to fill a vacancy in such office by appoint- ment, or to order an election to fill such vacancy. THE CITY OF SPRINGFIELD. 109 268. When office to become vacant.] § 125. Every elective office shall become vacant on the happening of either of the following events before the expiration of the term of such office : First — The death of the incumbent. Second — His resignation.^ Third — His becoming insane. Fourth — His ceasing to be an inhabitant of the State ; or, if the office is local, his ceasing to be an inhabitant of the district, county, town or precinct for which he was elected. Fifth — His conviction of an infamous crime, or of an offense involving a violation of official oath. Sixth— His removal from office. Seventh — His refusal or neglect to take his oath of office, or to give or renew his official bond, or to deposit or file such oath or bond within the time prescribed by law. Eighth— The decision of a competent tribunal declaring his election void. 269. Who may determine ivhen vacancy exists.] ^ § 126. Whenever it is alleged that a vacancy in any office exists, the officer, court or county board, whose duty it is to fill the vacancy by appointment, or to order an election to fill such vacancy, shall have power to determine whether or not the facts occasioning such vacancy exist. Oil Inspection. AN ACT to revise the law in relation to oil inspection. [Approved March 12, 1874. In force July 1, 1874.1 270. Appointment of inspectors — term of office — deputies.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the mayor of any city, with the approval of the city council and the board of trustees of any village or town, may, and on the petition of any five inhabitants thereof, shall, appoint one or more inspectors for the inspection of coal oil, naptha, gasoline, benzine and other mineral oils or fluids, the product of petroleum, and fix their compensation, to be paid by the party requiring their services. Every such inspector shall hold his office for one year, and until his successor is ap- pointed and qualified, unless sooner removed from office. 1. A resignation received and filed cannot be recalled by the officer. Pace vs. People, 50 111., 432. 110 STATUTES RELATING TO He may appoint deputies, for whom he shall be responsible, and who shall take the same oath and be liable to the same penalties as the inspector. 271. Oath — bond — suit on.] § 2. Every such inspector, before entering upon the duties of his office, shall take and subscribe the following oath: 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 oil inspector according to the best of my ability. He shall also execute a bond payable to the people of the State, in such sum as shall be required by the city council or board of trustees, conditioned for the faithful discharge of the duties of his office. Any person aggrieved by the misconduct or neglect of such inspector may maintain suit thereon for his own use. 272. Inspector to test.] § 3. Upon the application of any manufacturer, refiner or producer of, or any dealer in, any such oil or fluid, or of any officer or person to test any such oil or fluid, such inspector shall test the same with all reasonable dispatch by applying the fire test, as indicated and determined by J. Tagliabue’s pyrometer, or some other instrument or means equally accurate, with which he shall have provided himself at his own expense. 278. Test — casks marked — inspector not to trade in oil.] § 4. if the oils or fluids so tested will not ignite or explode at a temperature less than one hundred and fifty degrees Farenheit, the inspector shall mark plainly and indelibly, on each cask, barrel or package “Approved, fire test being but if said oils or fluids will ignite at a tempera- ture less than one hundred and fifty degrees Fahrenheit, as aforesaid, then the inspector shall mark on each cask, bar- rel or package “Condemned for illuminating purposes; fife test being .” Said inspector, while in office, shall not buy, sell, bargain or trade, directly or indirectly, in any of the said oils or fluids. 274. Record kept, and open for examination.] § 5. He shall also, within twenty-four hours after making any inspec- tion, make a full and fair entry thereof in a record book to be kept for that purpose, which shall be open to all persons wishing to examine the same. 275. Penalty for misconduct in office.] § 6. Any such inspector or deputy who shall falsely brand any package, cask or barrel, or be guilty of any fraud, deceit, misconduct or culpable negligence in the performance of any of his official duties, shall be fined not exceeding $200, and be liable to the party injured for all damages occasioned thereby. THE CITY OF SPRINGFIELD. Ill 276. Penalty for neglect to give notice of, or selling oil not inspected — counterfeit brands, etc.] § 7. Any manufacturer, reliner or producer of, or dealer in coal oil, naptha, gaso- line, benzine or other mineral oil or fluid, the product of petro- leum, in any city, village or town in which such inspector is appointed, who shall neglect to give notice to such inspec- tor, of any such oil or fluid in his possession not already inspected by some authorized inspector of this State, within two days after the same is made or refined by him or re- ceived into his possession, or shall offer any such oil or fluid tor sale before the same has been so inspected, or shall sell or attempt to sell to any person, for illuminating purposes, any such oil which is below the approved standard — that is, having igniting point less than one hundred and fifty degrees Fahrenheit, as indicated and determined in the manner herein provided, or shall use any package, cask, barrel or other thing having the inspection brand thereon, the oil or fluid therein not having been inspected, or shall counterfeit any brand, shall be fined not exceeding $200, and be liable to the party injured for all damages occasioned thereby, and all the casks, barrels or packages so falsely used, and their contents, shall be forfeited, and may be seized and sold. 277. Fines — hoiv recovered and disposed of.] § 8. The fines herein provided may be recovered in the name of the people of the State of Illinois, before any justice of the peace of the county where the offense is committed, and when col- lected, one-half shall be paid to the informer, and the other half and the proceeds of the sale of all casks, barrels and packages, and the contents thereof seized, as herein pro- vided, shall be paid into the city, village or town treasury. Organization of Towns by County Boards. AN ACT to authorize county boards, in counties under township organization, to organize certain territory situated therein as a town. [Approved May 23, 1877. In force July 1, 1877.J 278. Territory of city organized as a toivn.] § 1. Be it enacted by the Peoj)le of the State of Illinois, represented in the General Assembly, That the county board, in any county under township organization, may provide that the territory embraced within any city in such county shall be organized us a town: Provided, such territory shall have a population of not less than three thousand : And, provided, the city council in such city shall by resolution request such action by the county board. 112 STATUTES EELATING TO 279 . Town in city,] § 2. The territory of any city now organized within the limits of any county under township organization, and not situated within any town, shall be deemed to be a town. 280 . Election of officers.] § 3. All town officers within any town organized as aforesaid, shall be elected at the annual charter election of such city. All general elections held m such city and town shall be held at the same voting places as the city elections, with judges and clerks appointed in like manner as for city elections. 281 . Powers exercised hy council.] § 4. The powers vested in such towns shall be exercised by the city council. 282 . What city council may provide.] § 5. The city council in such city and town may, by ordinance, provide that the offices of city and town clerk shall be united in the same person ; that the election of highway commissioners shall be discontinued ; that the offices of supervisor and poor- master shall be separated, and the poor-master appointed by the city council. 283 . May regidate the number of justices^ etc.] § 6 . The city council in such city and town may, from time to time, regulate the number of justices of the peace, police magis- trates and constables to be elected within such city and town; but the number elected to either of said offices shall not exceed the number allowed by law to other towns of like population. 284 . Vacancies in town offices.] § 7. Vacancies in any of the town offices within such city and town may be filled by the city council. ORGANIZATION OF CAPITAL TOWNSHIP UNDER THE ABOVE ACT. The action of the Board of Supervisors of Sangatron county, for organizing the town of Capital, is shown by the following extract from the published pro- ceedings of said board: “Wednesday, March 6, 1878. “Board of supervisors met pursuant to adjournment, Mr. Tracy in the chair. ? ' “Mr. Warren, from the committee on judiciary, made the following report: "To the Board of Supervisors of Sangamon county: “Your committee on judiciary, to whom was referred the request of the city council of the city of Springfield Lbearing date September 17, 1877J. that the board proceed to organize the territory comprised within the city of Springfield, hav- ing had the same under consideration, beg leave to report the same back, and recommend that the request be granted; and that a new town be organized under the name of Capital, to be composed of all the territory within the limits of the city of Springfield. “W. M. Warren, Chairman. “Report adopted, and clerk ordered to certify the name of the new town to the proper authorities.” THE CITY OF SPRINGFIELD. 11 ^ Plats to be Recorded, etc. AN ACT to revise the law in relation to plats. [Approved March 21, 1874. In force July 1, 1874.1 ^ ^ * * * 285. Plats of highivays, etc., to he made and recorded.] § 9. Whenever any highway, road, street, alley, public ground, toll-road, railroad or canal is laid out, located, opened, widened or extended, or the location thereof altered, it shall be the duty of the commissioners, authorities, officers, persons or corporations, public or private, laying out, locating, opening, widening, extending or altering the same, to cause a plat thereof, showing the width, courses and extent thereof, and making such reference to known and established corners or monuments that the location thereof may be ascertained, to be made and recorded in the office of the recorder of the county in which the prem- ises taken or used for the same, or any part thereof, are situated, within six months after such highway, road, street, alley, public ground, toll-road, railroad or canal is laid out, located, opened, widened or extended, or the location thereof altered; and when any highway, road, street, alley, public ground, toll-road, railroad or canal is located, the order, ordinance or other declaration vacating the same shall be in like manner recorded. This act shall not be construed to alter or affect any law specifically providing for the record- ing of any such plat, or to require the same to be recorded sooner than is so specifically provided, except that any re- quirements to record such plat in any other place than is provided herein shall not excuse the parties from complying with this act. Whoever shall refuse or neglect to comply with this section shall forfeit $25, and the like sum for every month he shall continue in such refusal or neglect after conviction therefor, to be recovered before any justice of the peace of the county, in the name of the county, one-half to the use of the county, and the other half to the use of the person complaining. 286. Prosecuting offenders.] § 10. Whenever it shall come to the knowledge of the recorder of deeds of any county that any of the provisions of this act have been violated, it shall be his duty to notify the State’s attorney of the fact, and the State’s attorney shall immediately institute suit, and prosecute the same to final judgment against the person offending.^ 1. The law relating to making and recording town plats has been in force since January 4, 1825. [R. L. of 1829, 184. —8 114 STATUTES RELATING TO Police Magistrates. AN ACT to authorize the election of police magistrates in towns, cities and villages where the same are not now provided for b j' law. [Approved and in force April 13, 1875.1 287. Election and term of office — jurisdiction,] § 1. Be it enacted by the People of the /State of Illinois, represented in the General Assembly, That all towns, cities and villages in the State which have been incorporated under charters granted by special acts, or under a general act, when the law under which they are incorporated does not authorize the election of a police magistrate, be and the same are hereby authorized to elect one police magistrate at the first annual election of town, city or village officers that shall occur after the passage of this act, and quadrennially there- after. Such police magistrates shall hold their offices for the same term, be commissioned and qualified, and have the same jurisdiction and fees as police magistrates of villages have under the general law for the incorporation of cities and villages. 288. Emergency.] § 2. As the first annual election of town, city and village offcers in many of the towns, cities and villages in this State, by this act authorized to elect a police magistrate, will occur before the first day of July next, after the adjournment of this General Assembly, there- lore an emergency exists, requiring this act to take effect immediately; therefore, this act shall take effect and be in lorce from and after its passage : Provided, that the election for police magistrates in cities that have one or more police magistrates elected under a former organization as a town or city, shall not be held until the term for which said police magistrate or magistrates were elected has expired. Police and Firemen’s Belief Funds. AN ACT to amend “An act for the relief of disabled members of the police and fire departments in cities and villages,” approved May 24, 1877; in force July 1, 1877. [Approved May 10, 1870. In force July 1, 1879.1 Be it enacted by the People of the State of Illinois, repre- sented in the General Assembly, That “an act for the relief of disabled members of the police and fire departments in cities and villages,” approved May 24, 1877, in force July 1, 1877, be amended to read as follows : 289. How fund created.] § 1. That one-half of all the rates, taxes and license fees which are, or may hereafter be THE CITY OF SPRINGFIELD. 115 required by law, to be paid by corporations, companies or associations not incorporated under the laws of this State, engaged in any village or city in this State affecting fire insurance, and one-fourth of all moneys ^ collected as a tax on dogs, where such city or village contains a population of 10,000 or more, has a regularly organized fire department, by such city or village, and all moneys received from fines inflicted upon members of the police and fire departments for a violation of the rules and regulations of the service, and all fines recovered for violation of the fire ordinances, and all moneys accruing from the sale of unclaimed stolen property, shall be set apart by the treasurer of the city or village to whom the same shall be paid, as a fund for the relief of disabled members of the police and fire departments of such city or village. [As amended by act approved June 23, 1883. 290 . Mayor, etc., trustees of fund.] § 2. The mayor or president of the board of trustees, the superintendent or chief officer of the police department, the fire marshal or chief officer of the fire department, and the chairman of the committee on police and fire and water, of the city council or board of trustees of the city or village, with the comp- troller (if there be one) or city clerk ,and treasurer, shall constitute and be a board by the name of the trustees of the police and firemen’s relief fund, and the treasurer of the city or village shall be custodian of the funds of said police and firemen’s relief fund. The said board shall select from their number a president and secretary. 291 . Board to control fund.] § 3. The said board shall have exclusive control and management of the fund men- tioned in the first section of this act, and of all money donated, paid, or assessed for the relief of disabled police- men or firemen, and shall have the power to assess each and every member of the police and fire department of such city or village, including all such persons who, having become entitled to the benefits of this fund while such members of said police and fire departments, have not forfeited their rights to share in such benefits after leaving such depart- ments, as hereinafter provided, not to exceed the sum of five dollars ($5.00) per annum, which shall be received and held by the treasurer of such relief fund, in like manner as the other moneys herein provided, to be paid to him ; and any person who, having become entitled to the benefits of this fund, shall not within one month after notice in writing to him from said board, ^ of assessment against him, pay the same, shall not be entitled to, or receive any benefits secured to him under the provisions of this act, unless he shall make written application to the trustees of the fund to 116 STATUTES RELATING TO become a member thereof, and shall have, by a majority vote of said trustees, been admitted to membership in said organization, and upon his making payment of all delinquent assessments due by him accruing during his membership in such police or fire department. The said board may make all needful rules and regulations for its government in the discharge of its duties, and shall hear and decide all appli- cations for relief under this act, and its decisions on such applications shall be final and conclusive, and not subject to review or reversal, except by the board: Provided, that nothing herein contained shall render the payment of any sum of money or annuity which may be awarded by the board, obligatory on the board, or chargeable against it as a legal right; but the board may at any time in its discre- tion, order that such sums of money or annuity shall be reduced, or that the payment of the same shall not be made. The board shall cause to be kept a record of all its meetings and proceedings. 292. Treasurer to give bond for fund.'] § 4. The treasurer of the board shall be the custodian of the fund, in the first section of this act mentioned, and of all moneys donated, paid, or assessed towards or on account of the relief fund hereby created, and shall secure and safely keep the same, subject to the control and direction of the board, and shall keep his books and accounts in such a manner as may be prescribed by the board, and the same shall always be sub- ject to the inspection of the board, or any member thereof. The treasurer shall, within ten days after his election or appointment, execute a bond to the city or village, as the case may be, with good and sufficient securities, in such penal sum as the ‘board may direct, to be approved by the board, conditional for the faithful performance of the duties of his office, and that he will safely keep, and well and truly account for all moneys and property which may come to his hands as such treasurer, and that on the expiration of his term of office, he will surrender and deliver over to his suc- cessor all unexpended moneys and property which may have come to his hands as such treasurer. Such bond shall be filed in the office of the clerk of such city or village, and in case of a breach of the same, or the conditions thereof, suit may be brought on the same, in the name of the city or village, for the use of said board, or of any person or per- sons injured by such breach. 293. Warrants drawn on treasurer.] § 5. It shall be the duty of the mayor and clerk, or the comptroller, if there be one, and the officer or officers of such city or village, who are or may be authorized by law, to draw warrants upon the treasurer of such city or village, upon request made in THE CITY OF SPRINGFIELD. 117 writing by said board, to draw warrants upon the treasurer of such city or village payable to the treasurer of said board, for the fund set apart by such city or village treasurer, as prescribed by the first (1) section hereof. 294. Permanent disability — death — annuity.'] § 6. When, in the judgment of the board, a sufficient amount shall have accumulated in said fund to justify the application thereof to the use for which the same is hereby created, if any member of the police or fire departments, while in the actual performance of duty, or other person entitled to the benefits of this fund, as hereinafter provided, shall become perma- nently disabled, so as to render proper his retirement from membership, a sum not exceeding six hundred dollars ($600) per annum, or such less sum as, in the judgment of the board, the fund will justify, shall be paid to such member out of said fund; or if any member, while in the actual discharge of duty, shall be killed, or shall die from the im- mediate effects of an injury received by him while in such discharge of duty, or shall die after ten years’ service in the police or fire departments, and shall leave a widow, or if no widow, any child or children under the age of sixteen (16) years, a sum not exceeding six hundred ($600) dollars per annum, or such less sum as, in the judgment of the board, the con- dition of the fund will justify, shall be paid to such widow so long as she shall remain unmarried, or to such child or children while under the age of sixteen years. 295. Who may obtain benefits.] § 7. Any person who shall have served in either the police or fire departments of said city or village for the full term of ten (10) years, and shall have paid into the fund hereby provided for, all as- sessments regularly made upon him by the board of trustees, as required by this act, and the regulations of the said board of trustees, passed in pursuance of this act, and shall have complied with all the rules and regulations lawfully established by the board of trustees, in the same manner as if such person was an active member in said police or fire department, may continue his membership in this organiza- tion, and be entitled to the benefits of this fund, after he shall have ceased to be a member in either said police or fire department, by complying with all the provisions of this act, relative to the payment of assessments, etc., the same as prior to his ceasing to be a member of said departments, and the widow or children of such person shall be entitled to all benefits hereby secured to other members of this or- ganization. 296. How money paid out.] § 8. All moneys ordered to be paid from said relief fund, to any person or persons, shall be paid by the treasurer of said board only upon warrants signed 118 STATUTES KELATING TO by the president of the board and countersigned by the sec- retary, and no warrant shall be drawn except by order of the board, duly entered in the record of the proceedings of the board. In case the said relief fund, or any part thereof, shall, by order of the said hoard, or otherwise, be deposited in any bank, or loaned, all interest or money which may be paid, or agreed to be paid, on account of any such loan or deposit, shall belong to and constitute a part of said fund. Provided, that nothing herein contained shall be con- strued as authorizing the said treasurer to loan the said fund, or any part thereof, unless so authorized by said board. 297 . Repeal.^ § 9. All acts or parts of acts, or amend- ments thereto, heretofore enacted, and in any manner con- flicting with the provisions of this act, are hereby expressly repealed. Public Buildings. AN ACT to regulate the means of egress from public buildings. [Approved March 28, 1874, in force July 1, 1874.1 298 . Doors to open outwards § 1 . Be it enacted hy the People of the State of Illinois, represented in the General As- sembly, That all public buildings now in process of construc- tion, or hereafter to be built or constructed, which may or shall be used for churches, school houses, operas, theatres, lecture rooms, hotels, public meetings, town halls, or which may or shall be used for any purpose whereby a collection of people may be assembled together for religious worship, amusement or instruction, shall be so built and constructed that all doors leading from the main hall or place where said collection of people may be assembled, or from the principal room which may be used for any of the purposes aforesaid, shall be so swung upon their hinges and con- structed that such doors shall open outward; aud that all means of egress for the public from the main hall or prin- cipal room, and from the building, shall be by means of doors which shall open outwards from the main hall or building. 299 . Penalty.] § 2. That any person or persons who shall fail or refuse to comply with the provisions of this act, shall be fined in any sum not less than $100, nor more than $1,000. 300 . When public buildings may be closed.] § 3. That in all cities having a population of two thousand inhabitants. THE CITY OF SPRINGFIELD. 119 and upwards, the mayor, or other corporate authorities of said town or city, shall be empowered, and he is hereby authorized, to close and prohibit all public buildings here- after erected, from being used in violation of this act. Eailuoads. AN ACT in relation to fencing and operating railroads. [Approved March 31, 1874, in force July 1, 1874.1 ^ ^ * * * * ^ ^ 301 . Speed through cities, etc. — damages.] § 24. When- ever any railroad corporation shall, by itself or agents, run any train, locomotive engine, or car, at a greater rate of speed in or through the incorporated limits of any city, town or village, than is permitted by any ordinance of such city, town or village, such corporation shall be liable to the per- son aggrieved for all damages done the person or property by such train, locomotive, engine or car ; and the same shall be presumed to have been done by the negligence of said corporation, or their agents ; and in addition to such pen- alties as may be provided by such city, town or village, the person aggrieved by the violation of any of the provisions of this section, shall have an action against such corpora- tion, so violating any of the provisions, to recover a penalty of not less than one hundred dollars ($100) nor more than two hundred dollars ($200), to be recovered in any court of competent jurisdiction; said action to be an action of debt, in the name of the People of the State of Illinois, for the use -of the person aggrieved; but the court or jury trying the case may reduce said penalty to any sum, not less, how- ever, than fifty dollars ($50), where the offence committed by such violation may appear not to be malicious or willful : Provided, that no such ordinance shall limit the rate of speed, in case of passenger trains, to less than ten miles per hour, nor in any other case to less than six miles per hour.i [As amended by act approved May 22, 1877 ; in force July 1, 1877. 1. This is held to be a proper police regulation. T., P. & W. Co. vs. Dea- con, 63 111., 91. fa) An ordinance miast be shown to be in force at the time of accident, to justify recovery thereunder. C. & A. R. R. Co. vs. Engle, 76 111., 317. As to when ordinance regulating the speed of trains is proper evidence on the question of negligence. T., W. & W. Ry. Co. vs. O’Conner. 77 111., 392. (c) Recovery may be had where animal is at large contrary to ordinance, when the train is running at prohibited speed. I. & St. L. R. R. Co. vs. Peyton, 76 111., 340. 120 STATUTES RELATING TO 302 . Flagmen — skelter,'] § 35. In all cases where the public authorities having charge of any street over which there shall be a railroad crossing, shall notify any agent of the corporation owning, using or operating such railroad, that a flagman is necessary at such crossing, it shall be the duty of such railroad company, within sixty days thereafter, to place and retain a flagman at such crossing, who shall perform the duties usually required of flagmen ; and such flagman is hereby empowered to stop any and all persons from crossing a railroad track, when, in his opinion, there is danger from approaching trains or locomotive engines ; and any railroad company refusing or neglecting to place flagmen, as required by this section, shall be liable to a flne of 1 100 per day for every day they shall neglect or refuse to do so ; and it is hereby made the duty of such public authorities having charge of such street to enforce the pay- ment of such fine, by suit, 'in the name of the town or municipal corporation wherein such crossing shall be situate, before any court of competent jurisdiction in the county, and the prosecuting attorney shall attend to the prosecution of all suits as directed by said public authorities. All moneys collected under the provisions of this act shall be paid into the treasury of the town or municipal corporation in whose name such suits shall have been brought: Provided, that when any railroad company is required to keep a flagman at a crossing, it shall have the right to erect and maintain in the highway or street crossed a suitable house for the shelter of such flagman, the same to be so located as to create the least obstruction to the use of such street or high- way, and afford the best view of the railroad track in each direction from such crossing. Ee VENUE. AN ACT for the assessment of property and for the levy and collection of taxes. [Approved March 30, 1872. In force July 1, 1872.] 303 . Certificate of rates.] § 122. The proper authorities of towns, townships, districts, and incorporated cities, towns, and villages, collecting taxes under the provisions of this act, shall annually, on or before the second Tuesday in August, certify to the county clerk the several amounts which they severally require to be raised by taxation, anything in their respective charters, or in acts heretofore passed by the general assembly of this State, to the contrary notwithstanding. THE CITY OF SPRINGFIELD. 121 304. Return of delinquent special assessment.'] § 178. When any special assessment made by any city, town or village, pursuant to its charter, or by any corporate authori- ties, commissioners or persons, pursuant to law, remain unpaid in whole or in part, return thereof shall be made to the county collector on or before the tenth day of March next, after the same shall have become payable, in like forms as returns are made for delinquent land tax. County col- lectors shall collect, account for, and pay over the same to the authorities or persons having authority to receive the same, in like manner as they are required to collect, account for and pay over taxes. The county collector may, upon return of delinquent special assessments to him, transfer the amounts thereof from such returns to the tax books in his hands, setting down therein, opposite the respective tracts, or lots, in proper columns to be prepared for that purpose, the amounts assessed against such tract or lot. AN ACT in relation to the collection of taxes and special assessments. [Approved and in force May 2. 1873. 305. City may buy in at sale.] § 3. Any incorporated city, town or village, or corporate authorities, commissioners, or persons interested in any such special assessment or installment thereof, may become purchaser at any sale, and may designate and appoint some officer or person to attend and bid at such sale in its behalf. AN ACT in regard to the assessment and collection of municipal taxes. [Approved May 23, 1877. In force July 1, 1877.] 306. Hoiv may be assessed and collected.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all cities, villages, and incorpo- rated towns in this State, whether organized under the general law or special charters, shall assess and collect their taxes in the manner provided for in article eight (8) of the act entitled “An act to provide for the incorporation of cities and villages,” approved April 10, 1872, and in the manner provided for in the general revenue laws of this State; and all acts or parts of acts inconsistent with the provisions of this act are hereby repealed. AN ACT in relation to the, rate of taxation in cities, villages and incorporated towns. [Approved and in force May 30, 1881.1 ^ 307. Additional levy of one per cent, authorized, etc.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all cities, villages and incor- 1* This act does not appear to have any application to the city of Spring- 122 STATUTES RELATING TO porated towns in this State not now having, by their respec- tive charters, the power to levy and collect as high a rate of taxation as is herein authorized and provided for, shall hereafter have power to assess, levy and collect, annually, upon the taxable property within their respective limits, for all corporate purposes, in addition to all taxes which any such city, town or village may now or hereafter be author- ized by law to levy and collect to support and maintain schools, erect school buildings and for all other school pur- poses, and to pay interest on its registered bonded indebt- edness, such an amount as their respective corporate author- ities may prescribe, not exceeding in any year the rate of one per cent, of the assessed valuation of such taxable property as equalized for the preceding year. And the said rate authorized by this act shall be in lieu of all rates and items of taxation now provided and authorized in such charters, for all purposes other than for schools, the erection of school buildings, and all other school purposes, and for paying interest on the registered bonded indebtedness of such city, town or village./ 308 . Prior tax levies legalized and confirmed.'] § 2. Every tax levy made for lawful corporate purposes by any city, village or incorporated town, within this State, in the year 1880, up to the rate of taxation above authorized, is hereby ratified, authorized, legalized and confirmed to the same effect in all respects as though such levy had been made subsequent to the going into effect of this act. Schools. AN ACT to amend an act entitled “An act to establish and maintain a system of Free Schools,” approved April 1. 1872; and section forty-seven of said act as amended by an act approved May 11, 1877. [Approved June 3, 1879. In force July 1. 1879.] 309 . District school tax — surplus fund for libraries, etc.] § 43. Eor the purpose of establishing and supporting free schools for not less than five nor more than nine months in each year, and defraying all the expenses of the same, of every description ; for the purpose of repairing and improving school houses ; of procuring furniture, fuel, libraries and apparatus, and for all other necessary incidental expenses in each district, village or city, anything in any special charter to the contrary notwithstanding, the directors of such district and the authorities of such village or city shall be authorized to levy a tax, annually, upon all the taxable THE CITY OF SPRINGFIELD. 123 property of the district, village or city, not to exceed two per cent, for educational, and three per cent, for building purposes, to be ascertained by the last assessment for State and county taxes. They may also appropriate to the pur- chase of libraries and apparatus, any surplus funds, after all necessary school expenses are paid. And when any school district shall own any personal property not needed for school purposes, the directors of such district may sell such property at public or private sale, as in their judgment will be for the best interest of the district, and the proceeds of such sale shall be paid over to the treasurer of such district for the benefit of said school district : Provided, no such sale shall be made until the same, and the manner and terms thereof, shall be authorized by vote of the district. AN ACT to protect colored children in their rights to attend public schools. [Approved March 24, 1874. In force July 1, 1874.3 310. No exclusion for color.'] § 1. Be it enacted by the People of the State of Illinois, represented in the General As- sembly, That all directors of schools, boards of education, or other school officers whose duty it now is, or may be here- after, to provide, in their respective jurisdictions, schools for the education of all children between the ages of six and tweuty-one years, are prohibited from excluding, directly or indirectly, any such child from such school on account of the color of such child. 311. Penalty.] § 2. Any such school officer or officers as are mentioned in the foregoing section, or any other person, who shall exclude, or aid in the exclusion from the public schools any child who is entitled to the benefits of such school, on account of such child’s color, shall be fined, upon conviction, in any sum, not less than $5 nor more than $100 each, for every such offense. AN ACT to provide for the appointment of school directors and members of the board of education in certain cases. [Approved March 29, 1879. In force July 1, 1879.3 312. School directors.] § 1. Be it enacted by the Peo- ple of the State of Illinois, represented in the General As- sembly, That in all cases whereby the provisions of any general or special law of this State heretofore passed, the members of the common council of any city have been made ex-officio school directors, or members of the board of edu- cation in and for the school district of which the said city shall constitute the whole or a part, the said school directors or rnembers of the board of education shall hereafter be appointed as hereinafter provided. 124 STATUTES RELATING TO 313. How appointed.] § 2. It shall be the duty of the mayor of such city, at the first regular meeting of the city council in the month of June, 1881, to nominate and place before the council for confirmation as school directors or members of the board of education, as the case may be, two (2) persons from each ward of said city, one (1) from each ward to serve for two (2) years, and one (1) for one (1) year, and annually thereafter he shall nomnate one (1) from each ward, to serve for two (2) years ; and if the person so appointed shall be confirmed by a majority vote of the city council, to be entered of record, the persons so appointed shall constitute the board of education or school directors for such school district. Should the council fail to confirm any person or persons nominated by the mayor at such meeting, he may, at the next or any subsequent meeting, nominate other persons for confirmation, as hereinbefore provided; and should a vacancy or vacancies occur in any board of education or school directors, the mayor may, at any regular meeting of the city council, fill such vacancy or vacancies in the manner above set forth. [As amended by act approved May 30, 1881. 314. Organization of hoard — poivers and duties.] § 3. The said persons shall, as soon as practicable after their appoint- ment, organize by electing one of their number president, and another secretary, who shall hold their respective offices for one year. All rights, powers and duties heretofore exer- cised by and devolved upon the members of the city council as ex-officio members of the board of education or school directors, shall devolve upon and be exercised by the mem- bers of the board of education and school directors appointed under the provisions of this act. 315. Certificate of tax — limitation.] § 4. In all school districts to which this act shall apply, the boards of educa- tion or school directors shall annually, before the first day of August, certify to the city council, under the hands and seals of the president and secretary of the board, the amount of money required to be raised by taxation for school pur- poses in said district for the ensuing year, and the said city council shall thereupon cause the said amount to be levied and collected in the same manner now provided by law for the levy and collection of taxes for school purposes in such district, but the amount to be so levied and col- lected shall not exceed the amount now allowed to be col- lected for school purposes by the general school laws of this State ; and when such taxes have been collected and paid over to the treasurer of such city or school district, as may THE CITY OF SPEINGFIELD. 125 be provided by the terms of the act under which such dis- trict has been organized, such funds shall be paid out only on the order of the board of education or school directors, signed by the president and secretary of such board. Sewerage. AN ACT to enable cities, towns and villages to contract with each other for sewerage. [Approved May 14, 1879. In force July 1, 1879.1 316. May contract for sewerage, etc.] §. 1. Be it enacted by the People of the State of Illinois, represented in the Gen- eral Assembly, That whenever any city or incorporated town or village shall be adjacent or contiguous to any other city or incorporated town or village, they shall be authorized to contract with each other, upon such terms as may be agreed upon between them, to allow and permit the one the use and benefit of any sewer or drain, or of any system of sew- erage or drainage, heretofore constructed by the other ; and, further, that any such sewer or drain, or system of sewerage or drainage, constructed, or which may hereafter be constructed by the one,. may be extended or furnished to the inhabitants of the other, and they may, by contract with each other, provide for the joint construction of any sewer or drain by the municipalities so contracting, and for the common use thereof by the inhabitants of such municipalities. 317. How contract made.] § 2. The contract contem- plated in section one of this act may be made by ordinance or resolution duly enacted or passed by the common council, board of trustees, or other proper legislative authority of the city or incorporated town or village proposing such contract, and ratified or assented to by ordinance or resolution duly enacted or passed by the common council, board of trustees, or other proper legislative authority of the city or incorpo- rated town or village confirming or agreeing to such con- tract; and every such contract, when ratified or confirmed by the proper corporate authorities of the municipal corpo- rations who are parties thereto, shall be, in all respects, valid and binding. 126 STATUTES EELATING TO Sewerage, Water and Light Taxes. AN ACT in relation to the levy and collection of taxes for sewerage and water- works in cities of this State that may have established a system of sewerage and water-works for such city, and to repeal an act therein named, and to authorize the cities, villages and incorporated towns of this State to levy and collect taxes to pay for water and light, LApproved June 21, 1883. In force July 1, 1883.] 318. Seiverage fund tax.] § 1. Be it enacted hy the People of the State of Illinois, represented in the General As- sembly, That the legislative authority of any city which now has, or may hereafter have, established a system of sewer- age for such city, shall have power, annually, to levy and collect a tax upon taxable real and personal estate of such city, not to exceed one mill on a dollar, for the extension and laying of sewers therein, and the maintenance of such sewers, which tax shall be known as “The Sewerage Fund Tax,” and shall be levied and collected in the same manner that other general taxes of any such city are levied and collected : Provided, hoivever, that the board of public works of such city, if any, or the head of the sewer department of such city, shall first certify to such legislative authority the amount that will be necessary for such purposes : Provided, farther, that a two-thirds majority of all the members elect of the legislative authority of such city may levy a tax for such purposes, not to exceed three mills on each dollar of the taxable property of such city. 319. Seiverage Jund and light tax.] § 2. The legislative authority of any city which now has, or may hereafter have, established or hired water-works for the supply of water to the inhabitants thereof, shall have power to annually levy and collect a tax upon the taxable real and personal estate of any such city, whether organized under a special charter or the general law, not to exceed one mill on the dollar, for the extension of water mains or pipes therein, and the maintenance of such water-works, or to the creation of a sinking fund to be applied to the establishment of water- works, which tax shall be known as the “Water Fund Tax,” and shall be levied and collected in the same manner that other general taxes of any such city are levied and collected : Provided, that the board of public works of such city, if any, or the head of the water department of such city, shall first certify to such legislative authority the amount that will be necessary for such purposes, and shall further certify tliat the revenue or income from such water-works will be insufficient therefor : Provided, further, that two-thirds ma- jority of all the members elect of the legislative authority of such city may levy a tax for such purposes, not to exceed three mills on each dollar of the taxable property of such THE CITY TO SPKINGFIELD. 127 city : And, provided, further, that the legislative authority of each of the cities, villages and incorporated towns in this State, with the concurrence of two-thirds of the members thereof, shall* be authorized to levy and collect, annually, upon the taxable property within its limits, in addition to all other taxes now authorized by law, a tax of not exceed- ing three mills on the dollar of such taxable property, to be used exclusively for the purpose of lighting streets, and a further tax of not exceeding two mills on the dollar of such taxable property, to be used exclusively for the purpose of supplying water to such city, village or incorporated town : Provided, also, that nothing in this act shall be so construed as to increase the amount of aggregate taxes that may be levied in any one year by any city or village, as provided in section one (1) of article VIII, of an act entitled “An act to provide for the incorporation of cities and villages,” ap- proved April 10, 1893. 320 . Repeal.] § 3. An act entitled “An act in relation to the levy and collection of taxes for sewerage and water- works in the cities of this State that may have established a system of sewerage and water- works for such city,” ap- proved and in force April 22, 1871, is hereby repealed. Sidewalks. AN ACT to provide additional means for the construction of sidewalks in cities, towns and villages. rApproved April 15, 1875. In force July 1. 1875.1 321 . Sidewalks by taxation.] § 1 . Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in addition to the mode now authorized by law, any city or incorporated town or village may, by ordi- nance, provide for the construction of sidewalks therein, or along or upon any street or part of street therein, and may, by such ordinance, provide for the payment of the whole or any part of the cost thereof by special taxation of the lot, lots or parcels of land touching upon the line where any such sidewalk is ordered, and such special taxation may be either by a levy on any lot of the whole, or any part of the cost of making any such sidewalk in front of such lot or parcel of land, or by levying the whole or any part of the cost upon each of the lots or parcels of land touching upon the line of such sidewalk, pro rata, upon each of said lots or parcels, according to their respective value—the values to be determined by the last preceding assessment thereof for the purpose of 8tate and county taxation; or the whole or 128 STATUTES EELATING TO any part of the cost thereof may be levied upon such lots or parcels of land in proportion to their frontage upon such sidewalks, or in proportion to their superficial area, as may be provided by the ordinance ordering the laying down of such sidewalk ; and in case such ordinance shall only require the payment of a part of the cost of such sidewalk to be paid by a special tax as aforesaid, then the residue of such cost shall be paid out of any fund of any such city, town or village, raised by general taxation upon the property there- of, and not otherwise appropriated. ^ 322. What ordinance may provide.] § 2. Said ordinance shall define the location of such proposed sidewalk with rea- sonable certainty, shall prescribe its width, the materials of which it shall be constructed, and the manner of its construc- tion, and may provide that the materials and construction shall be under the supervision of, and subject to the approval of some officer or board of officers of such city, town or village, to be designated in said ordinance. Said ordinance shall be published as required by law' for other ordinances of said city, town or village, and may require all owners of lots or parcels of land touching the line of said proposed sidewalk, to con- struct a sidewalk in front of their respective lots or parcels in accordance with the specifications of said ordinance, within thirty days after such publication, and in default thereof, said materials to be furnished and sidewalk to be constructed by said city, town or village, and the cost, or such part thereof as may be fixed in said ordinance, may be collected from the respective owners of said lots or parcels of land as hereinafter provided. 323. In case owner neglects to construct.] § 3. In case of the default of any lot owner or owners to construct the side- walks, as required by ordinance, and the same shall be con- structed by the city, town or village, the cost thereof, or such part of the cost thereof as may have been fixed by said ordinance, may be recovered of the owners so in default, by an action of debt in the name of the city, town or village, against such owners respectively, in any court of competent jurisdiction, or upon the completion of the work by such city, town or village. Such ordinance may provide that a bill of the cost of such sidewalk, showing in separate items the cost of grading, materials, laying down and supervision, shall be filed in the office of the clerk of such city, town or village, certified to by the officer or board designated by said ordinance to take charge of the construction of such sidewalk, together with a list of lots or parcels of land touching upon the line of said sidewalk, the names of the owners thereof, and the 1. Vide White vs. The People ex rel. of the City of Bloomington, 94 111., 604. THE CITY OF SPRINGFIELD. 129 frontage, superficial area, or assessed value as aforesaid, according as said ordinance may provide for the levy of said cost by frontage, superficial area or assessed value ; where- upon said clerk shall proceed to prepare a special tax list against said lots or parcels, and the owners thereof, ascer- taining by computation the amount of special tax to be charged against each of said lots or parcels and the owneis thereof, on account of the construction of said sidewalk, according to the rule fixed for the levy of such special tax by said ordinance, which special tax list shall be filed in the office of said clerk ; and said clerk shall thereupon issue warrants directed to such officers as may he designated in such ordinance, for the collection of the amount of special tax so ascertained, and appearing from said special tax list to be due from the respective owners of the lots or parcels of land touching upon the line of said sidewalk ; and such officer shall proceed to collect such warrants m the same manner as constables are authorized to collect execu- tions, and make return thereof, together with the moneys collected, to the clerk of such city, town or village, within sixty days from the date of their issue; and in case any such warrant shall be returned, as to the whole or any part thereof, “no property found,” other warrants may issue, and proceedings by garnishment may be resorted to as in cases of garnishment in aid of collection of judgments at law, and all moneys so collected and paid over to said clerk, shall be, by him, immediately paid over to the treasurer of said city, town or village.^ 324 . Special tax — duty of clerk — report.'] § 4. Upon the failure to collect such special tax as heretofore provided in this act, it shall be the duty of said clerk, within such time as said ordinance may provide, to make report of all such special tax, in writing, to such general officer of the county as may be authorized by law to apply for judgment against, and sell, lands for taxes due the county or State, of all the lots or parcels of land upon which such special tax shall be so unpaid, with the names of the respective owners thereof, so far as the same are known to said clerk, and the amount due and unpaid upon each tract, together with a copy of 1. Taxation.— \JnCi'dv oar constitution, it is competent for the legislature to confer upon the corporate authorities of cities, towns and villages, power to impose upon contiguous property, in the form of a special tax, the burden of the expense of the construction of a sidewalk along the line of such property, and such tax may be lawfully assessed upon the respective parts thereof in proportion to the frontage of each part upon such improvement, and the pay- ment of such tax may be enforced against the property so taxed. Same.—^o much of section 3 of the act of 1875, entitled “An act to provide additional means for the construction of sidewalks.” or any part thereof, to be recovered of the owners of lots, etc., by action at law, is unconstitutional and inoperative, and so much of the same section as seems to authorize the seizure, by warrant issued by the clerk, of personal property of the owner, in satisfaction of such special tax, is without constitutional authority. Craw, et al. rs.The Village of Tolono, et al., 96 111., 255-256. —9 130 STATUTES RELATING TO the ordinance ordering the construction of said sidewalk, which report shall bo accompanied by the oath of the clerk that the list is a correct return of the lots and parcels of land on which the special tax levied by authority of said city, town or village, for the cost or partial cost, as the case may be, of the sidewalk in said ordinance specified, remains due and unpaid, and that the amounts therein stated as due and unpaid have not been collected, nor any part thereof. Said reports, when so made, shall be prima facie evidence that all the forms and requirements of the law in relation to making such return have been complied with, and that the special tax as mentioned in said report, is due and un- paid. 325 . General officer to obtain judgment — by what laws governed.] § 5. When said general officer shall receive the aforesaid report, he shall at once proceed to obtain judg- ment against said lots or parcels of land for said special tax remaining due and unpaid, in the same manner as may be provided by law for ^ obtaining judgments 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 tax due and unpaid. In obtaining said judgment and making said sale, the said officer shall be governed by the general revenue laws of the State, except when other- wise provided herein, and said general laws shall also be applicable to the execution of certificates of sale, and deeds thereon, and the force and effect of such sales and deeds; and all other laws in relation to the enforcement and collec- tion of taxes, and redemption from tax sales, shall be appli- cable to proceedings to collect such special tax, except as herein otherwise provided. 326 . When constructed by owner, may obtain order.] § 6 . Whenever payment of the costs of any such sidewalk is required to be made in part by special tax, and in part out of any general fund of such city, town or village, and the owner of any such lot or parcel of land shall construct such sidewalk, in accordance with the ordinance providing for its construction, such owner shall file with the clerk of such city, town or village, an itemized statement of the cost of such sidewalk so constructed by him, verified by affidavit, together with a certificate of the officer or board directed by such ordinance to superintend the construction thereof, that such sidewalk has been constructed and fully completed by such owner in accordance with such ordinance, and the council of such city, town or village shall, thereupon, at its first meeting thereafter, allow and order to be issued to such owner .an order on the treasurer of such city, town or village, for the cost of the construction of such sidewalk, less the THE CITY OF SPRINGFIELD. 131 amount of special tax chargeable to the lot or parcel of land of such owner on the line of which such sidewalk has been so constructed. Streets — Labor on. AN ACT providing for labor on the streets and alleys of all cities and villages in this State. [Approved May 31, 1879, In force July 1. 1879.1 327. Labor on streets, etc,] § 1. Be it enacted by the People of the State of Illinois, represented in the General As- sembly, That the city council in all cities, and the president and board of trustees in villages in this State, may have power, by ordinance, to require every able-bodied male inhabitant of any such city or village, above the age of twenty-one years, and under the age of fifty years, (except- ing paupers, idiots, lunatics, and such others as are exempt by law,) to labor on the streets and alleys of any such city or village, not more than two (2) days in each year ; but such ordinance shall provide for commutation of such labor at seventy-five cents per day.^ 328. Fines and penalties.] § 2. Any such city council, or president and board of trustees of any such village, shall have power, by ordinance, to provide such fines and penalties as may be necessary to enforce the provisions of this act. Vacation of Streets and Alleys. AN ACT to revise the law in relation to the vacation of streets and alleys. [Approved March 24, 1874. In force July 1, 1874.1 329. Three-fourths vote required — damages.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no city council of any city, or board of trustees of any village or town, whether incor- porated by special act or under any general law, shall have power to vacate or close any street or alley, or any portion of the same, except upon a three-fourths majority of all the aldermen of the city or trustees of the village or town, authorized by law to be elected ; such vote to be taken by ayes and noes, and entered on the records of the council or board. And when property is damaged by the vacation or 1. A power in a municipal charter to require all able-bodied male inhabi- tants of a city to labor on its streets and alleys, or pay a tax in lieu thereof, is constitutional. Alton vs. SaAvyer, 3 Scam., 127. 132 STATUTES RELATING TO closing of any street or alley, the same shall be ascertained and paid as provided by law. [See “Eminent Domain,” chap. 47, Eev. Stat. (Hurd), 1883. 330 . Rights of adjoining owners.] § 2. When any street, alley, lane or highway, or any part thereof, has been or shall be vacated under or by virtue of any act of this State, or by order of the city council of any city or trustees of any village or town, or by the commissioners of highways, county board, or other authority authorized to vacate the same, the lot or tract of land immediately adjoining on either side shall extend to the central line of such street, alley, lane or highway, or part thereof so vacated, unless otherwise specially provided in the act, ordinance or order vacating the same, unless, in consequence of more of the land for such street, alley, lane or highway having been contributed from the land on one side thereof than the other, such divi- sion is inequitable, in which case the street, alley, lane or highway so vacated shall be divided according to the equities of the adjoining owners. Telegraph Companies. AN ACT to revise the law in relation to telegraph companies. [Approved March 24, 1874. In force July 1, 1874.1 * ^ ^ ^ ^ ^ 331 . Consent necessary to erect poles, etc., on roads, streets, etc., — record — alteration.] § 4. No such company shall have the right to erect any poles, posts, piers, abutments, wires or other fixtures of their lines along or upon any road, high- way or public ground outside of the corporate limits of a city, town or village, without the consent of the county board of the county in which such road, highway, or public ground is situated, nor upon any street, alley or other highway or public ground, within any incorporated city, town or village, without the consent of the corporate authorities of such city, town or village. The consent herein required must be in writing, and shall be recorded in the recorder’s office of the county. Any such county board, or the city council, or board of trustees of such city, town or village, as the case may be, shall have power to direct any alteration in the location or erection of any such poles, posts, piers or abut- ments, and also in the height of the wires, having first given the company or its agent opportunity to be heard in regard to such alteration. THE CITY OF SPEINGFIELD. 133 Water-Works. AN ACT to provide for the laying of water supply pipe, by bonds and special assessments, payable in installments. [Approved and in force March 17, 1874.1 332 . Bonds — assessments payable in installments.'] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever the corporate authori- ties of any city, town or village shall provide, by ordinance, for the laying of water supply pipes, to be paid for by a special assessment to be made under the provisions of article nine of the act of the general assembly, entitled “An act to provide for the incorporation of cities and villages,” approved April 10, A. D. 1872, such corporate authorities may, in their discretion, provide in such ordinance, or by an ordinance to be adopted at any time prior to the issuance of the warrant to the collector for the collection of such assessment, that the amount of the estimated cost of such improvement shall be provided for in the following manner, to-wit : That bonds of the city, town or village, as the case may be, shall be issued for such portion of the estimated cost of such improve- ment as shall be apportioned to the city, town or village as public benefit, payable at such time or times, within twenty years, as may be provided by said ordinance, or it may in such ordinance be provided that all or any portion of the amount, so apportioned as public benefits, may be made by general taxation in accordance with the provisions contained in said article nine, and that the portion of said estimated cost which shall be assessed upon property specially bene- fited shall be payable in such annual installments, not exceed- ing ten in number, as may in such ordinance be prescribed : Provided, that nothing m this section shall authorize any city, town or village to issue such bonds to an amount, in- cluding all existing indebtedness, in excess of the charter, statutory or constitutional limitation of the indebtedness of such city, town or village. 333 . 'When installments payable— interest.] § 2. When- ever such corporate authorities shall have provided by ordi- nance for the making of such improvement in the manner prescribed in section one of this act, the first installment of the amount assessed upon property specially benefited shall be payable immediately upon the issuance, by the clerk of such city, town or village, of his warrant to the collector, and the subsequent installments shall be payable annually thereafter, with interest until paid, at such rate as shall be prescribed in such ordinance, not exceeding ten per centum. 134 STATUTES RELATING TO 334. Applies to assessments already ordered.} § 3. This act shall apply to assessments already ordered for the purpose set forth in section one of this act, and to the ordinances in relation thereto, as well as to ordinances hereafter to be adopted. 335. Emergency.] § 4. Whereas, certain cities, towns and villages are about to lay water pipe, and are desirous of availing themselves of the provisions of this act, therefore an emergency is declared to exist, and this act shall take effect and be in force from and after its passage. AN ACT to!aid cities owning or operating water-works to secure an additional or better supply of pure water. [Approved and in force May 27, 1881.] 336. Cities owning or operating water -ivorks permitted to change source of supply.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all cities owning or operating water-works under any charter granted by act of any general assembly of this State, or under the general incorporation laws of this State, whether by boards of water commissioners or by ofl&cers appointed for that purpose, are hereby granted the following powers and privileges, for the purpose of increasing or bettering the source of supply from which such water is obtained. 337. Board of water commissioners or city council may construct, lease and maintain wells, with the approval of a majority of legal voters.] § 2. Whenever, in the judgment of a majority of any board of water commissioners, or if there be no such board, then in the judgment of a majority of the city council of any city owning or operating such water-works, it shall be necessary for the public health, or for any other cause, to increase the source of water supply, or to substitute for it such better source as, in their judg- ment, the interests of such city may demand, such board of water commissioners or city council may, in addition to the powers already conferred upon them by act of any general assembly of this State, construct wells, either by boring or excavation, and protect and equip the same after construc- tion, or may lease water privileges from private parties or corporations owning wells already or hereafter to be con- structed, and may pay for such construction or lease, and for the expenses maintained in operating the same, out of any earnings of such water-works under their control which may be in their hands at the time of the taking effect of this act, or which may accrue to them hereafter : Provided, that no money shall be expended under the provisions of this act, for the purposes herein specified, until the question of the expenditure of such money for the purposes aforesaid THE CITY OF SPRINGFIELD. 135 shall have been submitted to a vote of the people of the city in which such water- works may be situated, at any election for city officers or special election called for that purpose by the city council of said city, and shall have re- ceived a majority of the votes cast at such election: Pro- vided, further, that no money shall be expended under the provisions of this act, for the purposes aforesaid, other than the surplus earnings of such water-works. 338 . Emergency.] § 3. Whereas, an emergency exists, this act shall be in force from and after its passage. 136 STATUTES RELATING TO PROVISIONS OF THE FORMER CHARTER OF THE CITY OF SPfifflGFIELD. Article I. BOUNDARIES OF THE CITY. 339 . Original charter limits.] § 2. All that district of country enclosed within the following boundaries, to wit : being in Sangamon county and State of Illinois, one mile square ; the State House being the centre of said city of Springfield. [Act approved Feb. 3, 1840. 340 . Boundary and name.] § 1. That all the district of country in the county of Sangamon and State of Illinois, contained within the present incorporate limits of the city of Springfield, with such other additions of land as may be incorporated with and come under the jurisdiction of said city, is hereby erected into a city by the name of “The City of Springfield.” [Act approved March 2, 1854. 341 . City limits and jurisdiction extended.] § 1. In ad- dition to all the territory now contained within the limits of the city of Springfield, there shall be added to said city, and embraced within its limits, and subject to its ordinan- ces and jurisdiction, all the additional territory embraced within the following boundary, to wit ; Beginning at a point on the section line between sections twenty-six and twenty- seven, from which a line extended westwardly will run eighty feet north of the lot owned by the Illinois State Uni- versity; thence westwardly, until a straight line intersects the east line of Herndon & Edwards’ addition, at a point four hundred feet north of the north line of Mason’s addi- tion; thence around the line of Herndon & Edwards’ addi- tion, to the southwest corner thereof; thence due south, to the line of Erastus Wright’s land; thence due west, along his line, to a point from which a line drawn due south, will run two hundred feet west of the west part of Erastus Wright’s dwelling house; thence along said line, to the THE CITY OF SPRINGFIELD. 137 centre of the road running from Springfield to Beardstown, by the fair grounds ; thence with the said road, to a point opposite the west line of Hutchinson’s cemetery lot; thence to and with the said west line of said cemetery lot, and ex- tending the same in a straight line to the center of the Jacksonville road, thence along the center of the Jack- sonville road to the present city line; thence along the present city line to the southeast corner of E. lies’ second addition of out-lots; thence a straight line to the southwest corner of Barrett’s addition; thence along the present city limits, to the section corner between sections twenty-six and twenty-seven; thence northwardly, with the section line, to the beginning. [Act approved Feb. 14, 1855. 342 . Limits and jurisdiction Jurther extended.] § 1. An act entitled “An act to amend the charter of the city of Springfield,” approved February 14, 1855, is hereby [so] amended that, in addition to all the territory now contained within the limits of the city of ^ringfield, there shall be added to the said city, and embraced within its limits, and subject to its ordinances and jurisdiction, all the additional territory embraced within the following boundaries, to-wit : Beginning on the township line at the section corner between sections thirty-four and thirty-five; from ^thence pursuing township line westwardly, to the southeast corner of ^ the southwest quarter of the southwest quarter of section thirty- three ; thence north, parallel to section line, to the south- east corner of the northwest quarter of the northwest quar- ter of section twenty-eight; thence east, and parallel to section line, to the southeast corner of the northwest quar- ter of the northwest quarter of section twenty-six; thence south, parallel to section line, to the township line and southeast corner of the west half of the southwest quarter of section thirty-five ; thence west to the place of beginning. [Act approved Feb. 18, 1857. 343 . Corporate limits further extended.] § 1 . The cor- porate limits of the city of Springfield shall be, and are hereby, so extended as to embrace and include within said city, and subject to its jurisdiction, and to its charter and ordinances, the following additional lands and territory, to wit : The northeast quarter of the northwest quarter ; and the north half of the northwest quarter, and the north half of the northeast quarter of section number twenty-eight; the north half of the northwest quarter, and the north half of the northeast quarter of section number twenty-seven; and the northwest quarter of the northwest quarter of sec- tion number twenty-six, all in township number sixteen, north of range number five, west of the third principal meridian. [Act approved Feb. 18, 1859. 138 STATUTES RELATING TO 344 . Grand avenue — opening of.'] § 13. The city council of said city shall have power to lay out and open an ave- nue, or highway, the width of eighty feet, along the cor- poration line, around said city ; and such avenue or highway shall be so laid out and opened, that the corporation line shall be the centre line thereof ; and, if the amount of compensa- tion to be paid to the owners of the real estate, which may be taken and appropriated for the laying out and opening of such avenue or highway, cannot be agreed upon, the city council shall cause the damages arising from the laying out and opening of such avenue or highway to be assessed against the real estate, within and without said city, which may be benefited by the laying out and opening of such avenue, or highway, in the same manner, in all respects, as is prescribed in the seventh article of the charter of said city, and in the sixth and seventh sections of this act, for assessments for laying out and opening streets, avenues and highways within the city; and such assessments may be collected in the same manner, in all respects, as assessments for laying out and opening streets, avenues and highways within the city, and shall be a lien upon the real estate against which they may be made in like manner. [Act ap- proved Feb. 18, 1859. Oak Kidge Cemetery. AN ACT to amend the chnrter of the city of Springfield. [Approved February 18, 1859.— Private laws of 1859, page 269.1 345 . The cemetery described and established.] § 14. Lots number five, six, and the south half of lot number four, of sub-division of the east half of the north-east quarter of section number twenty-one, in township number sixteen, north of range number five, west of the third principal meridian, containing twenty-eight and four-seventh acres, and pur- chased by said city for cemetery purposes, is hereby estab- lished and set apart for the burial of the dead, and shall be known as Oak Ridge Cemetery. 346 . Manner of laying out — selling lots.] § 15. The city council of said city shall cause the grounds of said cemetery to be subdivided, and laid out into such divisions, blocks, squares or lots, with suitable avenues, walks and alleys, de- signated or numbered in such manner as may be deemed expedient, and shall cause a correct map or plat thereof to THE CITY OF SPRINGFIELD. 139 be made out and acknowledged by the mayor and city clerk of said city, under the corporate seal thereof, and filed and carefully preserved in the office of the city clerk, and a true copy thereof shall be entered and recorded in the records of said cemetery, in his office; and the entry of the said map or plat upon the records of said cemetery, in the office of the city clerk, shall be sufficient, without further record thereof; and all sales, conveyances or transfers of lots in said cemetery, by reference to said map or plat, shall be good and valid. 347 . Manner of transferring lots.] § 16. The conveyance or transfer of lots in said cemetery, from the city to pur- chasers, may be by deed or certificate, in such form as the city council may prescribe, signed by the mayor and city clerk, under the corporate seal, without acknowledgment ; and such deed or certificate shall vest the title to the lots so conveyed or transferred in the purchaser, his heirs and as- signs, in fee simple, for burial purposes only, subject to such reasonable conditions, rules and regulations, as the city council of said city may prescribe. The conveyance and transfer of lots in said cemetery, from one purchaser to another, may be by surrender of the original deed or certificate to the city clerk, and the city clerk, upon such surrender being made, shall make out and execute a new deed or certificate to the assignee ; and such deed or certificate shall vest the title of the lot so conveyed or transferred in the grantee, in the same manner as the same was vested in the original pur- chaser. But the city council may, in its discretion, prescribe the manner and form of conveying and transferring lots in said cemetery. 348 . Clerk to keep cemetery record.] § 17. The city clerk shall keep a cemetery record, in such manner as the city council may prescribe, in which he shall enter an abstract of all sales of lots in the cemetery, specifying the number of the lot sold or transferred, the name of the purchaser or assignee, the amount paid, and the date of the deed, or certificate of sale, or transfer. 349 . Lots — hoiv held— used only for cemetery purposes — sexton.] § 18. No lot in said cemetery shall be so sold, conveyed or transferred, as to be owned in severalty by two or more persons; but any lot may be owned by two or more persons as tenants in common. And neither the city nor owners of lots in said cemetery shall convey, transfer, appropriate or use, any lot or other part of said cemetery grounds, for other than cemetery and burial purposes, — except that a portion of said grounds, not exceeding three acres, may be appropriated for the use of the city sexton, residing at the cemetery. 140 STATUTES EELATING TO 350 . No public road over cemetery.'] § 19. No public road, or highway shall be located, or laid out, through, over or upon said cemetery grounds; nor shall any part of said grounds be taken or condemned for any public use or pur- pose whatever, other than cemetery and burial purposes. 351 . Records of cemetery. ~\ § 20. The records of the said cemetery, kept in the office of the city clerk, shall be evi- dence of the facts therein stated, in all courts and places. 352 . Additional rules may he made.'] § 21. The city coun- cil may, by ordinance, prescribe such additional rules and regulations, concerning said cemetery, as may be deemed expedient. 353 . Limits of cemetery extended — powers of the hoard of managers.] § 1. That the fourteenth section of “An act to amend the charter of the city of Springfield,” approved February 15, [18], 1859, be and the same is so amended as to read: sections twenty-one (21) and twenty- two (22), in township sixteen, north of range five, west of the third principal meridian, or so much thereof as may be necessary for burying purposes ; also to empower the board of mana- gers of Oak Eidge Cemetery to declare nuisances within one- half mile of said cemetery, and to empower the city council of said city, by ordinance, to impose a fine or penalty on those who do not, after notice given, remove any declared nuisance by said board of managers. [Act approved Febru- ary 16, 1865. Private laws of 1865, vol. 1, page 522. The Board of Education. ♦ ^ AN ACT to amend the charter of the city of Springfield. [Approved March 27, 1869.— Private laws of 1869, Vol. II, page 239.1 354 . Board of education— general poivers.] § 1. Be it enacted hy the People of the State of Illinois, represented in the General Assembly, That all the rights, powers and privi- leges, in relation to schools, school property, real or personal, or school funds, now vested in the city council of the city of Springfield, be, and the same are hereby vested in the board of education of the city of Springfield, to be chosen and organized as hereinafter provided. The said board of education shall not purchase, lease or sell lands, or sell or build additional school houses, or lease or rent the same without the consent and approval of the city council of the city of Springfield. THE CITY OF SPRINGFIELD. 141 355 . To consist of nine members — council to elect — organi- zation'.] § 2. The said board of education of the city of Springfield shall consist of nine members; and it shall be the duty of the city council, on the first Monday of May, A. D. 1889, to elect by ballot three members of said board, each one of whom shall be from a different ward, who shall serve one year; three members of said board, each one of whom shall be from a different ward, who shall serve two years ; and the three remaining members of said board, each one of whom shall be from a different ward, who shall serve three years, to be taken, as nearly as practicable, equally from the several school districts of the city ; and the members so chosen shall compose said board, until their successors are duly elected and qualified. Before entering upon their duties, the members of the board of education shall take an oath to support the constitution of the United States and of the State of Illinois, and to properly and faithfully perform the duties of said office to the best inter- ests and efficiency of the schools. 356 . Term of office — vacancies — how filled.] § 3. The city council of the city of Springfield shall, on the first Monday of May, A. D. 1870, and on the first Monday of May annually thereafter, elect successors to those members whose terms of office are then expiring ; and the persons so elected shall hold their offices for three years, and until their suc- cessors are elected and qualified. The said board of educa- tion, or the remaining members thereof, shall have power to fill, until the ensuing election, all vacancies in said board occasioned by death, resignation, disqualification, failure to elect, or removal from said district : Provided, no member of the city council or any person holding office under the city, whether elected or appointed, shall be a member of the board of education. 357 ~. 2'o report to council money required.] § 4. It shall be the duty of said board of education to report to the city council of the city of Springfield, at their regular meeting in the month of June, 1869, and annually thereafter, the amount of money needed and required for public school purposes, in said city of Springfield, for the fiscal year commencing the first Monday of September succeeding such report. 358 . Council to levy tax — separate account by collector.] § 5. The city council of said city of Springfield shall there- upon levy, and cahse the same to be collected, the said amount of money so reported by the board of education, on all the real and personal property of said city, according to the assessment and valuation thereof, and the same shall be 142 STATUTES RELATING TO collected by the collector of said city, the same as other city taxes are collected.' The collector shall keep a separate account of the same, and shall pay said taxes to the city treasurer, to be used and applied for public school purposes [only], 359 . School funds — how paid out.'] §6. All school funds paid in to said treasurer, or coming into his hands, shall be paid out only on the order of the board of education, signed by the president, and attested by the signature of the secretary of said board of education; and for the payments made, receipts shall be taken and filed by said secretary and treasurer, and said orders and receipts shall show the pur- poses for which, Rnd on what account, said orders were drawn. 360 . Organization after annual election.] § 7. It shall be the duty of said board of education, immediately after each annual election, to meet and organize, by electing one of their number president, and the superintendent of schools shall be ex-officio secretary of said board; and a majority of said board shall constitute a quorum for the transaction of all business. 361 . Inconsistent acts repealed— public act — when to take effect.] § 8. All prior acts, or parts of acts, inconsistent with the provisions of this act, are hereby repealed; and this act is hereby declared a public act, and shall take effect and be in force from and after its passage. The Water-Works Charter and Amendments. AN ACT to incorporate the Springfield Water- Works Company. [Approved February 21, 1861.— Private laws of 1861, page 285.1 362 . Corporation created — general powers.] § 1 . Be it enacted by the People oj the State of Illinois, represented in the General Assembly, That John Williams, E. F. Euth, and C. W. Matheny, be and are hereby named and constituted as a board of water commissioners for the city of Spring- field, who, and their successors in office, shall be a body politic and corporate, by the name and style of the Board of Water Commissioners of the City of Springfield, and by that name shall have perpetual succession, with power to contract, sue and be sued, to purchase, hold and convey personal and real estate, to have a common seal, to alter THE CITY OF SPRINGFIELD. 143 and change the same at pleasure, to make by-lsaw, and do all legal acts which may be necessary and proper to carry out the intent, and effect the objects of this act. 363 . Election — term of office — manner of filling vacancy.] § 2. The said commissioners shall hold their offices, respec- tively, for the term of three, four and five years; said com- missioners shall, within sixty days after the passage of this act, decide by lot their respective terms ; which decision the city council shall be notified of by a written statement, which shall be entered of record on the journals of said city coun- cil; and on the first Tuesday of April, in the year of our Lord one thousand eight hundred and sixty-four, and on the first Tuesday in April,"^ annually thereafter, there shall be an election held by the qualified voters of Said city, in the same manner, and at the same hours and places, that elec- tions are held for the election of mayor, for the election of one or more commissioners, to fill vacancies occasioned by the termination, in any manner, of the term of any com- missioner under this act. The said commissioners named in this act, and in case of the death or resignation of any of said named commissioners, those appointed and confirmed by the city council to fill such vacancy, shall hold their offices until the election and qualification of their successors. And all commissioners elected subsequent to the first elec- tion aforesaid, shall hold their office for the term of three years. And in case of the death or resignation of any of said commissioners, the remaining commissioners shall nomi- nate some citizen of said city, being a qualified voter, to fill such vacancy; and shall present such citizen to the city council of said city for confirmation; who, if confirmed by said city council, shall have full power to act as such com- missioner; but, if the said city council shall refuse to con- firm such nomination, said commissioners shall nominate another, and so on, until such confirmation shall be made ; such person, when confirmed, shall fill such vacancy until the next regular election of commissioners to be held after such confirmation. 364 . Commissioners to divide duties — council to fix salary.] § 3. The said commissioners may make such division of duties among themselves, for each year of their term, as they shall deem expedient; and shall report in writing to 1 he city council, the nature and extent of the duties assigned to each commissioner, which report shall be made on the first Monday of May, in each year; and the council shall fix the salary to be paid to each commissioner, for the per- formance of the duties so specially assigned to him. *See post 1st amendment to the above, act. 144 STATUTES RELATING TO 365. Commissioners to supply city tvith ivatcr.] § 4. It shall be the duty of said commissioners to consider all matters relative to supplying the city of Springfield with a sufficient quantity of water, to be taken and conducted from the Sangamon river; said commissioners to use all reason- able means to furnish the water from said river in as pure and wholesome a state as possible. 366. Power to employ engineers, etc.'] § 5. The said com- missioners shall have power, and it is made their duty, to employ engineers, surveyors, and such persons as, in their opinion, may be necessary to enable them to perform their duties under this act. 367. To purchase land — construct buildings, etc.] § 6. Said commissioners shall have the power, and it is hereby made their duty, as fast as the necessary funds shall be provided, to purchase such lot or lots of land, and to con- struct such buildings, machinery and fixtures, as shall be deemed necessary or desirable, to furnish a full supply of water for public and private use in said city. 368. Power to build dam at river — right of way — reser- voirs — pipes, hydrants, and fountains in city.] § 7. Said commissioners shall have power to build a dam across the Sangamon river, at such point as they shall deem most con- venient and desirable, and to make all necessary excava- tions, and to erect all necessary buildings, at the said river, on such lot or lots of land as they may purchase for that purpose, and to procure the right of way from such point as they shall agree upon at said river, across all lands between the same and such lot or lots of land as they shall fix upon at the city of Springfield, for the laying down of all necessary pipes; and to construct reservoirs, jets, and public and private hydrants, and to lay pipes in and through all the alleys and streets of said city ; and also to construct fountains in the public grounds of said city, as they shall deem proper, with the consent of the city council. 369. Borroiving money — issuing bonds.] § 8. The said commissioners shall have power to borrow, from time to time, as they and the city council shall deem expedient, a sum not exceeding two hundred thousand dollars, upon the credit of said city of Springfield; and shall have power, by and with the approval of the city council of said city, to issue bonds, pledging the faith and credit of said city for the payment of the principal and interest of said bonds ; which bonds shall be issued under the corporate seal of the city of Springfield, and signed by the mayor and city clerk, and may be made payable at such place, and in such cur- rency as they shall deem expedient, and bear interest, not THE CITY OF SPRINGFIELD. 145 exceeding eight per centum per annum : Provided, that no bonds shall be issued until the city council shall have approved of such issue, by a vote of a majority of all the aldermen by law authorized to be elected. It shall be the duty of the said commissioners, to keep an accurate register of all bonds and all interest coupons issued by them, show- ing the number, date and amount of each bond and coupon, and to whom issued, and where payable; and it shall be the duty of the city clerk to register the said bonds when approved as aforesaid, in the same manner as the other indebtedness of the city is registered: Provided, farther, that all funds derived from the sale of the bonds of the said board, or from water rents, or otherwise, shall be exclu- sively used for, and appropriated by said board to, the objects and purposes specified in this act; nor shall any part thereof be loaned to, or used by, the said city of Springfield. 370 . Assessments for use of water — lien.] § 9. The said commissioners shall, from time to time, assess the amounts to be paid for water, used at each house or other building, against the occupant or occupants, owner or owners of such house or other building, upon such basis as they shall deem equitable; and such water rents shall become a continual lien upon such house or other building for the accommoda- tion of which water shall have been introduced, and upon the land or lot on which house or other building stands, when said lot or land and building are owned by the same person or persons, from the time the water shall have been introduced as aforesaid. 371 . Assessment of buildings adjoining street — lien — collec tion.] § 10. The said board shall have the power, and it shall be their duty to assess, as water rents, such amounts as they shall deem equitable, upon the owner or owners, occupant or occupants, of any building or buildings, which shall be situated on lots adjoining any street, avenue or alley in said city, through which the distributing water pipes are or may hereafter be laid, from which such build- ing or buildings can be conveniently supplied with water, whether the said owner or owners shall make use of such water or not ; and said water rates shall be and become a continuing lien, or charge, upon all such buildings, and the lot or lots upon which such buildings are situated, if owned by the same person or persons, as such building or build- ings, and shall be collected in like manner with other water rates of said city. 372 . Assessment of building in the vicinity, etc.] § 11. The said commissioners shall also, from time to time, assess upon the person or persons occupying or owning any house —10 146 STATUTES RELATING TO or other building situated in the vicinity of any public hydrant, when said house or other building is not supplied by a private hydrant, such amount as, in their judgment, the occupant of such house or other building might be benefited by the use of such public hydrant; and such assessment, when so made, shall be a lien upon such house or other building, and upon the lot upon which the same may stand, when said house or other building and lot are owned by the same individual, in the same manner as other water rates of said city. 373. Collection of water rents — warrant — levy.] § 12. It shall be the duty of the said commissioners to collect the rents, so assessed, as required in the foregoing sections, and in case any person or persons so assessed shall neglect to pay any such assessment, for ten days after the time fixed for the payment thereof, of which notice shall be given in some newspaper published in said city, — such notice to be at least ten days before the time fixed for the payment of such rents, — said commissioners shall issue their warrants, under the seal of said corporation, directed to the marshal, or any constable of said city, commanding him to make the amount specified in such warrant, being the amount due for water rents as aforesaid, together with the cost of advertising the same, and such fees as constables are entitled to by the laws of this State in the levy and sale of personal property upon execution, out of goods and chattels of the person or persons so assessed, as aforesaid ; and the marshal or con- stable, in such cases, may levy, under said warrant, upon any personal property of the person, or persons, against whom the same is issued, and sell the same at public auc- tion, after giving ten days’ notice of the time and place of sale, in some newspaper published in said city; and such warrant shall authorize the sale of any house or building on which any lien shall have attached as aforesaid, subject only to such bona fide encumbrances as shall have existed, prior to the time of the introduction of such water as afore- said. 374. Board to report unsatisfied ivarrants, etc.] § 13. It rIihII be the duty of the said board to return to the city council, as often as said board shall deem necessary, the warrants for the collection of water rents, issued by them ns provided above, which have been returned to said board unsatisfied ; and shall report to the city council at the same time, the building or buildings, lot or lots to which the amounts specified in such warrants are respectively charge- able; and the city council shall thereupon take the same proceedings for the collection of such amounts as are, or may hereafter be, provided by the charter and ordinances of THE CITY OF SPRtNGFIELD. 147 said city, for the collection of the amount due in any war- rant for the collection of sidewalk assessments, after such warrant has been returned unsatisfied ; and the amount, when so collected, shall be paid to the said board. 375 . Board to print rides — violation of.l § 14. The said board shall cause to be printed, on each water permit issued to any party using the water, a copy of all rules and restric- tions regulating the use of the water, which shall be adopted by them ; and they shall further report a copy thereof to the city council, who shall thereupon pass an ordinance estab- lishiug such rules and regulations, and providing penalties for their violation, which penalties may be enforced in any court having jurisdiction of any offense, against any of the ordinances of said city. In all cases where said water rates are not paid, as required by this act, and the rules, regula- tions and ordinances passed in pursuance thereof, and in all cases where the rules and restrictions caused to be printed on said permits by the said board are not complied with, the said board shall have the right to stop or cut-off the supply of water from any person or persons refusing or neglecting such payment or compliance. 376 . Commissioners to construct hydrants^ etc, — assess bene- fits.] § 15. It shall be the duty of said commissioners to construct hydrants of sufficient size and capacity, and in such localities, as they shall deem desirable, for the purpose of extinguishing fires; and they shall assess the houses and other buildings in the vicinity of said hydrants in the pro- portion in which they shall deem the same respectively benefited; and the said assessment shall be collected in the same manner as herein provided for the collection of the water rent, assessed by said corporation. 377 . Keep record of proceedings.] § 16. The said com- missioners shall keep an accurate account or record of all proceedings, together with a list of all assessments for water rents, which shall be subject to inspection at all times; and may elect one of their own number to act as secretary of said board, or employ some other competent person for the purpose, as they may deem desirable. 378 . Duty to report to council.] § 17. It shall be the duty of said commissioners to make report to the city council semi-annually, which report shall embrace a statement of the funds and securities of said corporation, and all debts due and owing to and from said corporation, together with an accurate account of their expenditures, which statement shall be certified by said commissioners under oath, and shall be entered of record by the clerk of the said city, and published in some newspaper in said city of Springfield. 148 STATUTES EELATING TO 379 . Surplus funds — how invested.] §. 18. Whenever the receipts of the said corporation, from water rents and other sources, shall accumulate so that there shall be a surplus, amounting to a sum not less than five hundred dollars, not needed for the current expenses of the said corporation, it shall be the duty of the commissioners to invest the same, first in the payment of the interest on said bonds as it be- comes due, or in the purchase of the outstanding bonds of said company, if they can be purchased at or below par; if not, then in the purchase of United States or State govern- ment stock ; or upon unincumbered real estate in the county of Sangamon, of at least double the value of the amount loaned, with the approval of the mayor and committee of finance of the city council, or a majority of them. Such investment shall be made in the name of said corporation, and in such manner as to make the same available for the payment of the interest and principal of the bonds issued by them. The semi-annual report of the said board shall specify in full the nature and amount of the respective securities in which the said surplus fund is invested. 380 . Commissioners not to he interested in contracts.] ■ § 19. No one or more of said commissioners, nor any of the officers of said board, or any member of the city council, during the term for which they were elected, shall be inter- ested, directly or indirectly, in any contract entered into by said board with any person, nor in the purchase of any materials to be used or applied in or about the uses and purposes contemplated in this act. 381 . Removal of commissioners — hoiv removed.] § 20. The said commissioners, or either of them, may be removed from office by the judge of the circuit court of Sangamon county, or the judge of the circuit in which Sangamon county is situated, upon petition addressed to said judge, at any time, by the order of the city council of said city. The said petition shall be voted by a majority of all the members of said council, and, when presented to such judge, shall be accompanied by specification of charges made against said commissioner or commissioners. No technical form shall be required for the statement of said charges, so that the same are stated in such a form as to be specific and intel- ligible. The judge to whom such petition is addressed, upon presentation of said petition, shall order a copy thereof to be filed in said court of which he is judge, and notice of the filing thereof to be issued forthwith by the clerk of said court to said commissioner, and that the same would be taken up at the next term of said court, after the service of such notice upon said commissioner. The said judge shall sit as a special commissioner to try said charges, and the THE CITY OF SPRINGFIELD. 149 course of proceedings in said trial shall be governed by the general rules of procedure in the trial of misdemeanors in the courts of this State, excepting that no jury shall be allowed. Evidence may be given either orally or by depo- sition, as in civil cases ; and the said commissioners may each be interrogated upon oath, touching the matter con- tained in said charges ; and if it shall appear, to the sp.tis- faction of such judge, that the said commissioner or com- missioners charged as aforesaid have been guilty of mal- feasance in office, or of any breach of duty, either of cornmission or of omission under this act, which shall have been charged as aforesaid, the said judge shall order the removal of any one or more of said commissioners ; and, if the said judge shall, for any cause, remove any one or more of said commissioners from office before the expiration of the term of office, the city council shall thereupon ap- point a commissioner, or commissioners, in the stead of those so removed, who shall fill such office for and during the unexpired term of the commissioner or commissioners so removed. 382 . Commissioners to make special report to the council^ etc.'\ § 21. It shall be the duty of said commissioners, ac least thirty days before the time fixed by the city ordinance for assessing city taxes, to make a special report to the city council of said city, what, if any, sum will be needed by said commissioners, over and above the revenue of said corporation, to meet the payment of interest, or principal of the bonds, issued as aforesaid; and it shall be the duty of the city council, to raise said amount by a special tax, in the same manner as general taxes, to be designated water tax; and the said amount shall be paid over to the said corporation, by the collector of said city. 383 . night to enter upon land.l § 22. The said com- missioners are hereby authorized to enter upon any land, or water, for the purpose of making surveys, and to agree with the owner of any property which may be required for the purposes of this act, as to the amount of compensation to be paid to such owmer. 384 . Right to condemn property, etc.] § 28. In case of disagreement between the commissioners and owners of property, which may, in the judgment of the commission- ers, be required for any of the purposes specified in this act, as to the amount of compensation to be paid such owners, or in case any such owners shall be an infant, a married woman, or insane, or absent from this State ; or in case of disagreement between the said commissioners and any owner or owners of property touching the amount of damages arising from the construction of any part of the 150 STATUTES RELATING TO work authorized by this act, the said commissioners shall have the right to condemn said property, or to have the amount of such damages ascertained, or both ; and the pro- ceedings of the condemnation of such property, or the ascer- tainment of such damages, or both, shall conform as nearly as may be to those specified and provided in the act entitled ‘‘Ai\ act to amend the law condemning right of way for pur- poses of internal improvements,” approved June 22, 1852, and the act or acts of which the same is an amendment. 385 . Claims — allowed.] § 24. No account or claim against the said board shall be allowed, except by the vote of a majority of the said board. 386 . No member of hoard or council to derive benefit from funds.] § 25. No member or other officer of said board, and no member of the city council, shall, either directly or indirectly, receive any interest or profit whatsoever on account of the deposit of any of the funds belonging to the said commissioners; nor shall any member or other officer of the said board, or any member of the city council, either directly , or indirectly,- make use . of, or borrow, any of the funds of the said commissioners, for his own private benefit or advantage. The funds of the said commissioners remain- ing on hand, shall, at all times, until disposed of, be kept deposited in such place or places of deposit, as shall, by an order of said board, be directed, — which order shall be entered upon the records of said board. The said commis- sioners shall be liable, upon their bond, for the loss of any or all money coming into their possession or control, as such commissioners. 387 . Drawing out funds — register of checks^ etc.] § 26. The funds of the said board shall be drawn out upon checks or drafts, regplarly numbered, and payable to the order of the respective person or persons for whose benefit the same are intended, and briefly specifying for what purposes or account the same are drawn. A careful register of the checks or drafts shall be kept in the office of said board, and the original checks or drafts, when returned to said board, shall be carefully filed and preserved among the vouchers of the said board; and the said register aud the said returned checks or drafts shall always be subject to the examination of the finance or any other committee appointed by the city council for such purpose, and it shall be the duty of the said finance committee, or some other committee, or of such other person or persons as may be appointed by the city council for such purpose, to examine the said register, and the cash accounts, and the checks and drafts of the said board, at least once in three months, and oftener if the city council shall deem it expedient. THE CITY OF SPEINGFIELD. 151 388 . Books of account — finance cuinmittec to examine.] § 27. It shall be the duty of the said commissioners to keep books of account, showing with entire accuracy the amount of the receipts and expenditures of such board in such manner as to enable the same to be readily understood and investigated, and also to carefully preserve on file in their office, vouchers for all their expenditures ; which books and vouchers shall, at all times, be open to the examination of the finance committee of the city council, or any other committee, person or persons appointed by the city council for such purpose ; and it shall be the duty of the said finance committee, or any special committee appointed for such pur- pose, at the time of the presentation of the semi-annual reports of the said board to the city council, as herein pro- vided, to make a thorough examination of the books, accounts and vouchers of the said corporation, and to report, in writing, to the city council the^results of said investiga- tion. 389 . Commissioners to elect superintendent, etc.] § 28. The said commissioners, as soon as they shall have decided by lot their respective terms, and they and their successors, annually thereafter, on the first Monday of May, shall elect a superintendent, who shall perform all such duties and acts as they, the said commissioners, have the power to perform by virtue of this act, and as they may adopt by written order, and assign to such commissioner [superin- tendent]. The superintendent so elected may be removed at any time by a vote of all the members of the board. 390 . Contracts — how executed.] § 29. All contracts made and entered into by and with the said board shall be made in writing, and of each contract two copies shall be taken, which shall be numbered and endorsed with the date of the contract, and with the name of the contractors and a summary of the work to be done or materials to be fur- nished, one copy of which shall be retained by the said commissioners, and the other copy of which shall be filed with, and kept and preserved by, the clerk of said city, among the files of said office. 391 . Commissioners to control lands and ivorks.] § 30. The said commissioners, after they shall have decided by lot their respective terms, shall succeed to, and take the control of, the Springfield w'ater- works, (contract for the build- ing of which has been entered into by and between the city of Springfield and Ennis and Eastman), and also to suc- ceed to and take the control of such lot or lots of land as have been or may be purchased or procured for the use of said works; said commissioners shall have the same 152 STATUTES RELATING TO powers, rights and privileges, with respect to - the control and regulation of said lands and works, that said board would have had, had the lot or lots referred to been pur- chased by said commissioners, and the work contracted for with them, and by their authority, under this act : Provided, that nothing in this act shall be construed so as to interfere with or invalidate said contract ; nor shall anything con- tained in this act release or impair any of the obligations or provisions of that or any other contract, by and with the said city of Springfield, in relation to said water-works. 392 . Council to fix salary of.] § 31. The salary of said • commissioners and superintendent shall be fixed by the city council of said city, from time to time, as soon as may be after the passage of this act; and after each election as herein provided ; and the amount of such salary shall not be reduced during the term for which said commissioners shall be elected. 393 . Commissioners shall give bond.] § 32. Each com- missioner, before entering upon the duties of his office, shall give bond to said city, in such sum, and with surety, to the satisfaction of the city council of said city, conditioned for the faithful performance of his duties as such commissioner, — the amount of which bond may be increased at any time, as the said city council may deem expedient; and the city council shall have the power to require the superintendent to give such bond to said city, as it shall deem necessary and expedient. 394 . City council may pass ordinances to preserve property, etc.] § 33. The city council may pass such ordinances as they shall deem necessary for the preservation of the property of the said board, and the water procured by said corpora- tion, and annex such penalties in such amounts as they shall deem appropriate, not exceeding the sum of one hundred dollars. Said penalties may be collected before any police magistrate of said city, as other penalties are col- lected, for violations of the ordinances of said city, whether said injury to said property, or water, shall be to the property or water within or without the city limits, and within the county of Sangamon : Provided, that nothing con- tained in this section, or in any ordinance passed in pur- suance thereof, shall deprive the proper party of the right to have and maintain the proper action for damages caused by said injury, or of any person to prosecute the offender for a violation of the criminal code of this State, in its com- mission. 395 . Contracts — notice to be given.] § 34. Public notice shall be given of the time and place at which sealed THE CITY OF SPRINGFIELD. 153 proposals will be received for entering into all contracts with said corporation; all proposals for contracts shall be sealed, and be for a sum certain, as to the price to be paid or received, and no proposition which is not thus definite and certain shall be received or acted upon. 396 . Entering into contract — security,] § 35. Every per- son who shall enter into any contract shall give satisfactory security to the commissioners for the faithful performance of his contract, according to its terms. 397 . Inconsistent acts repealed.] § 86 . All acts or parts of acts heretofore in force, and inconsistent with the pro- visions of this act, are hereby repealed. 398 . To take effect from passage.] § 37. This act shall take effect from and after its passage. AN ACT to amend an act’entitled “An act to incorporate the Springfield Water- Works Company,” approved February 21, 1861. [Approved February 21, 1863. —Private laws of 1863, page 165.1 399 . Part oj section second of water-works charter repealed.] § 1. Be it enacted hy the People of the State of Illinois ^ represented in the General Assembly, That so much of section second of said act to incorporate the Springfield Water- works Company, approved February 21, 1861, as requires a board of water commissioners to be elected on the first Tuesday of April, in the year of our Lord one thousand eight hundred and sixty-four, and on the first Tuesday of April annually thereafter, is hereby repealed. 400 . City council may order an election of commissioners at any time.] § 2. The city council of the city of Spring- field may order an election, at any time hereafter, for said board of water commissioners, when said council may deem it expedient. 401 . When to take effect.] § 3. This act shall take effect and be in force from and after its passage. AN ACT to amend an act entitled “An act to incorporate the Springfield Water- works Company.” approved February 21, 1861. [Approved February 19, 1867. —Private laws of 1867, vol. 3, page 679.1 402 . Poicer to borrow additional sum — issue bonds. § 1 . The board of commissioners shall have power to borrow, from time to time, as they and the city council shall deem ex- pedient, a sum not exceeding two hundred and fifty thous- and dollars, in addition to the amount already authorized to be borrowed by the act to which this is an amendment. The said commissioners, by and with the approval of the city council of said city, shall have power to issue bonds, 154 STATUTES RELATING TO THE CITY OF SPRINGFIELD. pledging the faith and credit of said city for the payment of the principal and interest of said bonds, which bonds shall be issued under the corporate seal of the city of Spring- field, and signed by the mayor and comptroller, and may be made payable at such place and such manner as they shall deem expedient, and bear interest not exceeding eight per cent, per annum. 403 . Poiver to build dam at river, and to condemn lands.'] § 2. Said commissioners shall have power to build a dam across the Sangamon river, or such aqueducts into such river, at such point as they shall deem most convenient and desirable, and to make all necessary excavations, and to erect all necessary buildings at the said river, and to con- demn land for that purpose, and to procure the right of way from such point as they shall agree upon at said river, across all lands between the same, and such parcels of land as they shall fix upon at the city of Springfield, for the laying down of all necessary pipes, and for such purpose they shall have the right to take and condemn private property, and may also take and condemn private property for a roadway along the line of their water pipe. 404 . Inconsistent acts repealed.] § 3. All acts or parts of acts heretofore in force, and inconsistent with the pro- visions of this act, are hereby repealed. 405 . In force from passage.] § 4. This act shall take effect and be in force from and after its passage. GENERAL ORDINANCES OP TEE CITY OF SPRINGFIELD. AN ORDINANCE: In Eevision and Consolidation of the General Ordinances OF THE City of Springfield. Whekeas, It is necessary that the general ordinances of the City of Spring- field should be revised; And Whekeas, It is expedient that they should be consolidated and arranged in appropriate chapters, articles and sections, and that the whole should be made as concise, clear and intelligible as possible; therefore, Be it ordained hy the City Council of the City of Springfield, as follows: CHAPTER I. Article I. THE MAYOR AND HIS DUTIES. Sec. 1 . The mayor of the city of Springfield, before enter- ing upon the duties of his office, shall execute a bond to said city in the penal sum of five thousand dollars, with such sureties as the city council shall approve, conditioned for the faithful performance of the duties of the office. 2 . The mayor shall keep his office at the city hall, or at such other place in said city as may be provided by the city council, and he shall attend there for the transaction of the business pertaining to said office. 3 . The mayor shall sign all commissions, licenses and permits granted by authority of the city council, except as otherwise provided, and such other acts and deeds as by law or ordinance may require his official signature. 4 . The mayor shall grant licenses for the purposes authorized by this ordinance, to such residents of the city or other persons, duly qualified according to ordinance, as he may deem proper, unless the city council shall otherwise designate and provide, and he may revoke the same for cause. 1g8 GENERAL ORDINANCES OF 5. The mayor shall supervise the conduct of all officers of the corporation, inquire into all reasonable complaints made against them or any of them, and cause all their neglects or violations of official duty to be promptly cor- rected, or reported to the proper tribunal for punishment. 6 . The mayor shall appoint, by and with the advice and consent of the city council, all officers of said city whose appointment is not otherwise provided for by law ; and when- ever a vacancy shall occur in any office, which by law or ordinance he is empowered and required to fill, he shall, within thirty days after the happening of such vacancy, communicate to the city council the name of his appointee to such office, and pending the concurrence of the council in such appointment, he may designate some suitable person to discharge the functions of such office. 7. In addition to the above and foregoing, and to the duties imposed upon him by law, the mayor shall perform all such other duties, pertaining to his office, as are or may be required of him by the ordinances of said city. THE CITY OF SPRINGFIELD. 159 CHAPTER II. LEGISLATIVE DEPAETMENT. Article I. The City Council. II. The City.Clerk. Article I. THE city council. Sec. 8 . The regular stated meetings of the city council of the city of Springfield, shall be held in the council chamber, at the city hall, on the first Monday in each and every month, at 7; 30 o’clock P. M., except when said first Monday may happen to be a public holiday, in which case the council shall meet at the same hour on the next day following; and adjourned meetings maybe held for the pur- pose of completing the unfinished business of the regular meetings at such time or times as may be determined by the council. 9 . Special meetings of the city council may be called by the mayor or any three aldermen, by notification in writing to each member of the council, served personally or left at his usual place of abode, stating the object and purpose of such meeting; but iio business shall be transacted at any special meeting, except such as the meeting was called for and notification given thereof, unless by a vote of three- fourths of all the aldermen elected. 10 . A majority of the aldermen elected to the city coun- cil shall constitute a quorum for the transaction of business ; but a smaller number may adjourn from time to time, and may compel the attendance of absentees under such penal- ties as may be prescribed by ordinance. 11 . No vote of the city council shall be reconsidered or rescinded at any special meeting thereof, unless at such special meeting there shall be present as many aldermen as were present when such vote was taken. 12 . The standing committees of the city council shall be annually appointed by the mayor, and he shall be author- ized to fill vacancies occurring in any of said committees. 160 GENERAL ORDINANCES OF 13. Any report of a committee of the city 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. 14. Every committee of the city council, in reporting upon any subject referred to them, shall attach to their report all papers or documents, in the possession of the committee, relative to the matters so referred. Article II. THE CITY CLERK. 15. The city clerk, before he enters upon the duties of his office, shall execute a bond to the city of Springfield in the penal sum of ten thousand dollars, with such sureties as shall be approved by the city council, conditioned for the faithful performance of the duties of the office, and the pay- ment of all moneys that may be received by him, according to law and the ordinances of said city ; which bond shall be filed with the city treasurer. 16. He shall keep his office at the city hall, or at such other place as the city council may direct, and his office hours shall be from eight o’clock A. M., to twelve M., and from one o’clock P. M., until five o’clock P. M., of each working day. 17. The city clerk shall attend all meetings of the city council, and shall keep in a suitable book, to be styled the “Journal of the City Council,” a full and faithful record of its proceedings. He shall issue and cause to be served upon the aldermen, notices of all special meetings of the city council ; also notices to the members of the different com- mittees of that body, and to all other persons whose attend- ance may be required before any such committee, when so directed by the chairman thereof. 18. Said clerk shall, without delay, upon the adjourn- ment of each meeting of the city council, deliver to the several committees of that body, and to the officers of the corporation, all petitions, communications, reports, resolu- tions, orders, claims and other papers, referred to those committees or officers by the council. He shall also, with- out delay, deliver to the mayor all ordinances or resolutions, in his charge, which may require to be approved or other- wise acted upon by the mayor. 19. Said clerk shall prepare all commissions, licenses, permits, and other official documents required to be issued THE CITY OF SPRINGFIELD. 161 by him, under the laws and ordinances of the city, and shall attest the same with the corporate seal; and he shall, in like manner, attest all deeds for the sale of real estate owned and conveyed by said city. 20. It shall be the duty of the clerk, on the first day of each and every month, to report to the city comptroller, in writing, the name of each alderman, and the number of meetings of the city council attended by such alderman during the preceding month. 21. The city clerk shall be ex-officio clerk of Capital town- ship, and shall keep a separate record of all the proceedings of the city council in relation to said township — the same lying and being within the corporate limits of the city of Springfield. 22. He may, when necessary, and upon being authorized by the city council, appoint a deputy, who, during the tem- porary absence or disability of the clerk, shall be empowered to perform ail the duties of the city clerk. 23. He shall carefully preserve in his office all books, records, papers, maps and effects of every description, be- longing to the city and appertaining to said office ; and upon the expiration in any way of his official term, he shall, on demand, deliver all such books, records, papers and effects to his successor in office. 24. In addition to the foregoing duties, the city clerk shall perform all such other and further duties, pertaining to his office, as are or may be imposed upon him by law or ordinance. —11 162 GENERAL ORDINANCES OF CHAPTER III. DEPAETMENT OF FINANCE. Abticle I. Finance— Fiscal Year. II. The City Comptroller. III. The City Treasurer. IV. The City Collector. V. The Finance Committee. Article I. FINANCE — FISCAL YEAR. Sec. 25. There is hereby established an executive depart- ment of the municipal government of the city of Springfield, which shall be known as the “Department of Finance,” and which shall have control of the fiscal concerns of said city in the manner as hereinafter provided. 26. Said department of finance shall embrace the city comptroller, the city treasurer, the city collector, and the finance committee of the city council. The comptroller shall .be the head of said department, and shall have the manage- ment of all matters and things pertaining thereto. 27. The fiscal year of the city of Springfield shall com- mence on the first day of March in each and every year, beginning March 1, 1884. Article II. THE CITY COMPTROLLER. 28. There is hereby created the office of city comptroller of said city. He shall hold his office for the term of one year, and until his successor shall be appointed and qualified. 29. The city comptroller shall be appointed by the mayor, by and with the advice and consent of the city council, on the first Monday in May, 1884, or as soon thereafter as may be, and annually thereafter. THE CITY OF SPRINGFIELD. 163 30 . He shall, before entering upon the duties of his office, take the oath or affirmation prescribed by law for city officers, and shall execute a bond to the city of Springfield in the penal sum of twenty-five thousand dollars, with such sureties as the city council shall approve, conditioned for the faithful performance of the duties of the office, and the payment of all moneys that may be received by him as such comptroller, according to law and the ordinances of said city. 31 . The city comptroller shall have and exercise a general supervision over all officers of the city charged in any man- ner with the receipt, collection or disbursement of the corpo- ration revenues, and the collection and return of such revenues into the city treasury. He shall be the fiscal and purchasing agent of said city, and as such shall have the charge and custody of all deeds, bonds, contracts, mortgages, notes, warrants, vouchers, books and papers, belonging to the city, except such as by law or ordinance are directed to be deposited or kept elsewhere; and he shall possess and pre- serve all special assessment warrants, except warrants for the collection of water rents, and the returns thereon made by any collector or receiver of special taxes or special assessments. 32 . Said comptroller shall have supervision over the city debts, contracts, bonds, obligations, loans and liabilities, the payment of interest, and over all the property of said city, and the sale or disposition thereof; over all legal or other proceedings in which the interests of the city are involved, and shall have authority, with the approval or concurrence of the mayor, to institute or discontinue such proceedings, and to employ additional counsel, in special cases, when he thinks the interests of the city require it ; and generally, in subordination to the mayor and city council, to exercise supervision over all such interests of said city as may con- cern or relate to its finances, revenues or property. 33 . Said comptroller shall, under the direction of the finance committee, open and keep, in a neat and methodical manner, a complete set of books, in which, among other things, shall be set forth the appropriations of the fiscal year for each distinct object and branch of expenditure, and also the receipts from each and every source of revenue, so far as he can ascertain the same. Said books, and all con- tracts, bonds, deeds, warrants, vouchers, receipts, and other papers kept in said office, shall be subject to the examina- tion of the mayor, the members of the city council, or any committee thereof. 34 . Said comptroller shall revise and audit all accounts or claims allowed by the city council, and all other accounts 164 GENERAL ORDINANCES OF in which the corporation is concerned, either as debtor or creditor, where provision for their adjustment is not other- wise made and provided for by law or ordinance ; and upon ascertaining the amount due to any person or persons, he shall draw his warrant in due form upon the city treasurer therefor. But if, upon the examination of any such account or claim, he shall have reason to doubt its correctness, it shall be his duty to submit the same to the finance com- mittee for its decision thereon, or else make report thereof to the city council. 35. In making such adjustments and settlements, and for the purpose of ascertaining the true state of any balance or balances due, the comptroller shall be authorized to require any claimant or claimants to file with him a statement, in writing, under oath, as to any fact, matter or thing, con- cerning the correctness of any account, claim or demand ' presented against the city. 36. He shall keep, in a suitable book, an accurate list of all warrants drawn upon the city treasurer, showing the date, number and amount of each, and the name of the per- son in whose favor drawn; and he shall take the receipt of every person for the warrant upon the delivery thereof. All warrants drawn upon the treasurer shall be signed by the mayor and countersigned by the comptroller, and shall specify therein the particular fund or appropriation to which the same is chargeable, and the person to whom payable ; and no money shall be otherwise^paid than upon such warrants so drawn. 37. The city comptroller shall require all officers charged in any manner with the receipt, collection or disbursement of the city revenues, to submit monthly reports, in writing, showing in detail all such receipts, collections and disburse- ments, and to file the same in his office ; and if any such officer shall neglect to make such report, or to adjust his accounts, whenever so required by the comptroller, and to pay over to the proper officer any moneys in his possession belonging to the city, it shall be the duty of said comp- troller to cause a written notice to be served upon such officer and his sureties, demanding a settlement of his accounts with the city forthwith ; and in case of the neglect or refusal of such officer to make such settlement and pay over said moneys for a period of ten days after the service of said notice, the comptroller shall report such officer to the mayor, for his action in the matter; and proceedings shall be at once instituted against such delinquent officer and his sureties for the recovery of any moneys due said city. THE CITY OF SPKINGFIELD. 165 38 . Said comptroller shall keep a detailed account of the city revenue, and of each separate fund, crediting the same with all receipts or appropriations, and charging it with all warrants drawn thereon, and he shall charge each warrant to the fund or appropriation against which it is drawn. He shall also keep an accurate account of all debts due from or owing to the city, and shall keep a book in which he shall enter a correct list of all bonds, notes or other obligations given by or payable to said city, with the date thereof, the person to whom or by whom payable, the rate of interest, the time and manner in which the principal and interest are payable, and such other particulars as may be necessary to the full understanding thereof. 39 . Whenever any appropriation or fund is exhausted, the comptroller shall, without delay, notify the city council thereof, and he shall not thereafter draw any warrant against such fund or appropriation until the same shall be renewed. 40 . It shall be the duty of said comptroller to transfer and place to the credit of the general fund all unexpended balances of appropriations remaining at the close of each fiscal year: Provided, that no such transfer shall be made or disposition ordered of any trust fund, or any fund arising from special assessment or special taxation, nor in cases where contracts have been made or liabilities incurred on account of any such appropriation and remain uncompleted or unpaid at the close of the fiscal year, nor of any fund created for any purpose or the payment of any liability exclusively provided for by taxation. 41 . Said comptroller shall keep in his office, in a book provided expressly for that purpose, to be known as the ‘‘Bond Kegister,” a full and correct list of all the outstand- ing bonds of said city, showing the number, amount, date of issue, time of maturity, rate of interest, and place of payment of each bond, and for what and to whom the same was issued ; and when any city bonds are surrendered, can- celed or paid, said register shall show the fact; and, in his annual report to the city council, the comptroller shall de- scribe particularly the bonds sold, exchanged or redeemed during the fiscal year, and give an itemized statement of the expenses thereof. 42 . Said comptroller shall keep, in his office, a correct list of all local or public improvements ordered by the city council, and let under contract|by the city ; and all contracts and specifications therefor made by authority of the city council, or by any officer of the corporation pursuant thereto, in relation to such improvements, shall be filed in the comptroller’s office; and no such contract shall be valid unless countersigned by said comptroller. 166 GENERAL ORDINANCES OF 43. The city comptroller shall be authorized, and it is hereby made his duty, to attend all sales of real estate in said city, made under proceedings in the county court of Sangamon county, to enforce the collection of any special tax or special assessment, levied and assessed by ordinance of the city council, for any public improvement, and to bid at such sales on behalf of the city. 44. A.11 licenses, when issued, shall be presented to the comptroller, who shall countersign the same, and shall enter, without fee, in a book to be kept by him for that purpose, the name of each person licensed, for what purpose licensed, the date and number of the license, the amount paid for the same, and the time of the expiration thereof. 45. The city comptroller shall, on or before the first Monday in each and every month, make out and submit to the city council a statement or report, in writing, of all the moneys received and warrants drawn by him during the preceding month, showing therein from what sources and on what account said moneys were received, and for what pur- pose and on what account said warrants were drawn or paid. 46. Said comptroller shall, within twenty days after the first day of March, in each year, make out an annual re- port, for publication, giving a detailed statement of all the receipts and revenues of said city during the preceding fiscal year. Said report shall also detail the resources and lia- bilities of the city, the condition of all unexpended appro- priations and contracts unfulfilled, the balance of money then remaining in the treasury, with all sums due and out- standing; the names of all persons who may have become defaulters to the city, and the amount of such default, and all other matters necessary to exhibit the true financial con- dition of the city ; which report, when examined and approved by the finance committee, shall be published by the comp- troller, without delay. 47. In addition to his other duties, the said comptroller shall, on or before the fifteenth day of May, in each year, and before the annual appropriations are made by the city council, submit to said council a statement of his estimates, as nearly as may be, of the moneys necessary to defray the expenses of the corporation during the current fiscal year. He shall, in said report, classify the different objects and branches of expenditure, giving the amount required for each, as nearly as may be ; and for the purpose of making such report, he is authorized to require of all city officers statements of the condition and expenses of their respective offices or departments, with any proposed improvements. THE CITY OF SPRINGFIELD. 167 and the probable expenses thereof, and of all contracts made and uncompleted, and the amount of any and all unex- pended appropriations of the preceding fiscal year. He shall also in such report, show the aggregate income of the pre- ceding fiscal year from all sources, the amount of liabilities outstanding upon which interest is to be paid, the bonds and debts payable during the year, when due and when pay- able ; and he shall give therein such other information to the city council as he may deem necessary, to the end that said council may fully understand the money exigencies and demands upon the city for the current year. 48 . Upon the expiration of his term of office, or his resignation thereof or removal therefrom, the city comptroller shall, on demand, deliver to his successor in office all pro- perty, books, records, papers, and effects of every descrip- tion, in his possession, belonging to the city, or appertaining to his said office. Article III. THE CITY TREASURER. 49 . The city treasurer, before he enters upon the duties of his office, shall execute a bond to the city of Springffeld in a penal sum not less than the amount of the estimated city tax and special assessments for the current year, with at least two good and sufficient sureties, to be approved by the city council, conditioned for the faithful perform- ance of the duties of the office, and the payment of all moneys received by him, according to law and the ordinances of said city. 50 . Said treasurer shall receive all moneys belonging to the corporation, and shall keep a separate account of each fund or appropriation, and the debits and credits belonging thereto. He shall give to every person paying money into the city treasury a receipt therefor, specifying the date of payment, and upon what account paid ; and he shall file copies of such receipts with the city comptroller, at the date of his monthly reports. 51 . He shall keep an accurate register of all warrants redeemed and paid by him, showing the number, date and amount of each, the fund from which paid, and the name of the person to whom and when paid ; and he shall cancel all warrants as soon as redeemed by him. 52 . When any city warrant shall be lost or destroyed, so that it can not be presented to the treasurer for payment by the person entitled thereto, such person shall apply by 168 GENERAL ORDINANCES OF petition to the city council for relief, and the council may order the comptroller to issue a duplicate warrant to the person so entitled to payment, upon his filing an affidavit of the loss or destruction of the original, and giving bond and security to the city to refund the amount of such war- rant, and pay all costs, in case the original or lost warrant should be presented, and said city be compelled to pay the same. 53 . All moneys received by the city treasurer on any special assessment, shall be held by him as a special fund, to be applied to the payment of the improvement for which such special assessment or special tax was made, and said money shall be used for no other purpose whatever, except to reimburse the city for money expended for such improve- ment. 54 . The city treasurer shall keep all moneys in his hands belonging to the corporation separate and distinct from his own money, and he is hereby expressly prohibited from using, either directly or indirectly, the corporation moneys or warrants, in his custody and keeping, for his own use and benefit, or that of any other person or persons whom- soever; and any violation of this section shall subject him to removal from office by the city council. 55 . It shall be the duty of the treasurer to report to the city comptroller any officer authorized to receive money for the use of the city who may fail to make a return of the moneys received by him at the time required by law, or by the ordinances of said city. 56 . Said treasurer shall keep his books and accounts in such manner as to show with entire accuracy all moneys received and disbursed by him for the city, stating from whom and on what account received, and to whom and on what account paid out, and in such way that said books and accounts may be readily investigated and understood; and the same, together with all files and papers of said office, shall be at all times open to examination by the mayor, the comptroller, or the finance committee of the city council. 57 . Said treasurer shall, at the end of each and every month, and oftener if so required, render an account, under oath, to the city comptroller, showing the state of the city treasury at the date of such account, and the balance of money in the treasury. He shall accompany such account with a statement of all moneys received into the treasury, and on what account received, together with all warrants redeemed and paid by him during the preceding month, which warrants, with any and all vouchers held by him, shall be THE CITY OF SPRINGFIELD. 169 delivered to the city comptroller, and filed with his said account in the comptroller’s office; and he shall return all warrants paid by him stamped or marked "‘paid.” 58 . Said treasurer shall, annually, upon the close of each fiscal year, make out and file with the city comptroller a full and detailed report of all receipts and expenditures of the corporation, as shown by his books, and of all his transac- tions as such treasurer during the preceding fiscal year, and he shall, in such report, show the state of the city treasury at the close of such year, which report the comptroller shall cause to be published without delay. Article IV. THE CITY collector. 59 . There is hereby created the office of city collector of special taxes and special assessments. The term of said office shall be for one year, and until his successor shall be appointed and qualified. 60 . The city collector of special taxes and special assess- ments shall be appointed by the mayor, by and with the advice and consent of the city council, on the first Monday in May, 1684, or as soon thereafter as may be, and annually thereafter. 61 . Said collector shall, before he enters upon the duties of his office, take and subscribe the oath prescribed by law for city officers, and shall execute a bond to the city of Springfield in the penal sum of ten thousand dollars, with such sureties as the city council shall approve, conditioned for the faithful performance of his duties as such collector, and the payment of all moneys received by him, according to law and the ordinances of said city ; which bond may be substantially in the following form: "Know all Men by these Presents, That we, of the city of Springfield, in the State of Illinois, as collector of special taxes and special assessments of said city, and and of as securities, are held and firmly bound unto the city of Springfield. Illinois, in the penal sum of dollars, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly, severally and firmly by these presents. Signed and sealed this day of A, D. 188 The condition of the foregoing bond is such, that if the above bounden shall faithfully perform all the duties of his office, as city collector of special taxes and special assessments, for said city of Spring- field, in the time and manner prescribed by the ordinances of said city, and the laws of the State of Illinois relating to such office; and, when he shall be suc- ceeded in office, shall surrender and deliver to his successor in office all books, papers and moneys in his possession belonging to the city, or appertaining to his said office, then the above and foregoing bond to be void; otherwise, to be and remain in full force.” [SEAL.] I SEAL.] [SEAL.] 170 GENEKAL ORDINANCES OF 62. It shall be the duty of said collector to execute all warrants for the collection of special taxes and special assessments, which, by law and the ordinances of said city, may be executed by such collector, and he shall collect all special taxes and special assessments which are or may be levied or assessed by virtue of any ordinance of said city for the making of any local improvement. 63. Said collector is hereby authorized and instructed to receive and receipt to any person or persons against whose property special taxes are or may be assessed for local im- provements, or whose property is or may be assessed as specially benefitted by local improvements, as aforesaid, the amount of his or their special tax or special assessment, less such discount as is or may hereafter be authorized by the contract for making such improvement : Provided, that the collector shall not allow any discount upon any such special taxes or special assessments, except when paid before or within ten days from the completion and acceptance of the whole or such part of said improvement as may be pro- vided in the contract. 64. Said collector shall pay over to the city treasurer all moneys collected by him as fast as the same shall be re- ceived, taking the treasurer’s receipt therefor, which receipt he shall immediately file with the city comptroller, who shall at the time, or on demand, give the collector a copy of any such receipt so filed. He shall make report, in writing, to the city comptroller on the first day of each month, showing the amount of money collected, from whom received, and on what account received; and he shall annu- ally, at the close of each fiscal year, make out and file with the comptroller a full statement of all moneys collected by him during the preceding fiscal year, in the manner as re- quired by law. 65. It shall be the duty of the city collector, on or before the tenth day of March in each year, to make a report or reports, in writing, to the county collector of Sangamon county, or other officer authorized by the general revenue laws of this State, to apply for judgment and sell lands for taxes due the county and State, showing all the lands, town lots and real property on which he shall have been unable to collect said special taxes or special assessments due and unpaid thereon, together with his warrant or warrants, or with a brief description of the warrant or warrants received by him authorizing the collection thereof; which report or reports shall be accompanied by the oath of said collector that the list or lists are a correct return and report of the lands, town lots and real property on which the said special THE CITY OF SPKINGFIELD. 171 taxes or special assessments, levied by authority of the city of Springfield, remain due and unpaid ; that he is unable to collect the same or any part thereof, and that he had given the notice or notices required by law that said warrant or warrants had been received by him for collection. 66. Said collector shall, under the direction and super- vision of the city comptroller and finance committee, keep books and accounts, which shall show all receipts and moneys collected by him, and other matters pertaining to his office; such books and accounts to be kept in a clear and methodical manner. 67. The city collector shall receive for his services such compensation as is now or may hereafter be fixed by ordi- nance. Article Y. THE FINANCE COMMITTEE. 68. The finance committee of the city council may pre- scribe the manner in which the books and accounts of all officers of the corporation shall be kept, in order to estab- lish uniformity therein. Said committee shall, from time to time, examine the books and accounts of all city officers, and see that they are regularly and neatly kept and pre- served, and that the books and papers belonging to the offices of the clerk, comptroller, treasurer and collector are secure from loss or injury by fire or otherwise ; and they shall report to the city council any neglect or failure on the part of any such officer to keep his books and accounts properly, or to preserve any papers pertaining to his office. 69. In the adjustment of the accounts of the treasurer or collector with the comptroller, there shall be an appeal to said finance committee, whose decision in all matters of controversy arising between said officers shall be final, unless the city council shall otherwise direct and provide. 70. The finance committee shall meet, annually, upon the close of each fiscal year, and examine and compare the re- ports and statements made by the comptroller and treas- urer, or other city officer, and shall report thereon to the city council. 17*2 GENERAL ORDINANCES OF CHAPTER IV. DEPAKTMENT OF PUBLIC WOKKS. ArticliE I. The City Engineer. II. The Superintendent of Streets. III. Contracts for Public Works. Article I. THE city engineer. Sec. 71 . There is hereby established an executive department of the municipal government of the city of Springfield, which shall be known as the “Department of Public Works,” and shall embrace the mayor, the comptroller, the city engineer, ' and the city superintendent of streets, and such other officers or assistants as the city council may, by ordinance, prescribe and establish. 72 . There is hereby created the office of city engineer of said city. He shall hold his office for the term of one year, and until his successor shall be appointed and qualified. 73 . The city engineer shall be appointed by the mayor, by and with the advice and consent of the city council, on the first Monday in May, 1884, or as soon thereafter as may be, and annually thereafter. 74 . He shall, before assuming the duties of his office, take and subscribe the oath prescribed by law for city offi- cers, and shall execute a bond to the city of Springfield in the penal sum of three thousand dollars, with sureties to be approved by the city council, conditioned for the faithful performance of the duties of the office. 75 . The city engineer shall devote his entire time to the discharge of the duties of his office. He shall, when re- quired by the mayor, the city council or any committee thereof, make out and submit plans, estimates and specifi- cations for any public work, which may be proposed or or- dered by the city council. 76 . He shall, when required by the mayor or city coun- cil, superintend the construction of any public work of the corporation, and shall daily, or as often as may be neces- THE CITY OF SPRINGFIELD 173 sary, examine such public work under his charge, and see that the same is properly executed; and if the contractor therefor shall neglect or refuse to execute such work in ac- cordance with his contract and specifications, said engineer may suspend the work, and shall thereupon report the facts to the mayor. 77. He shall, when required, receive, inspect or measure any lumber, brick, stone or other material, *to be used in any public work of the city, and if necessary shall keep an accurate account of the quantity and quality of the same, the cost thereof, from whom received and for what purpose used or to be used; and he shall examine all bills for ma- terials so received by him, or in connection with his de- partment, and, if found correct, shall certify the same to the city council for allowance. 78. He shall, when required by the city council, or the committee on streets and alleys thereof, make a survey of the grade or boundary of any street, avenue or alley of said city, and prepare a plat or profile thereof, and report the same to the city council; and no such survey of grade or boundary shall be deemed established or valid until the plat or profile thereof shall be approved by the city council. Any plat, profile, or other paper belonging to the office of the city engineer, shall be returned to him by the clerk as soon as the city council shall have no further use for the same. 79. He shall, without charge, give or mark the grade of any street or alley, where established, at the request of any person desiring to erect any building or enclosure, or to lay any sidewalk thereon. He shall make all surveys within and for said city that he may be called upon to make, and shall employ the necessary chainman, and such other as- sistants as the city council may authorize ; which chainman or other assistants shall, before entering upon their duties, be duly sworn to measure accurately and justly, and to perform their respective duties to the best of their knowledge and ability. 80. It shall be the duty of the city engineer to provide himself, as far as practicable, with copies of the field notes of the original surveys of the town and city of Springfield, and to make his own surveys in accordance therewith; and he shall carefully note all errors or discrepancies in the original surveys or re-surveys, as soon as discovered. 81. Said engineer shall keep, in his office, plats of all grades or boundaries of streets and alleys established by the city council, correcting the same when any grade shall be 174 GENERAL ORDINANCES OF changed, and adding thereto when any new grade or bound- ary shall be established. He shall also keep correct surveys of all public sewers within the city, showing the location, length and dimensions of the same, respectively. He shall record in a suitable book, to be provided by the city, the profiles of all surveys of grades and boundaries established, and preserve the original papers relating thereto, and shall otherwise keep a systematic record of all the transactions pertaining to his office. 82. Any person wishing to connect or have connected any private drain or sewer with any public sewer, or sewer built or owned by the city, shall first apply to and obtain a written permit from the city engineer therefor, whose duty it shall be to prescribe the mode of tapping the public sewers, the size of the openings therein, and the materials to be used in such connections. The person obtaining such permit shall present the same to the superintendent of streets (or to such other person as shall be appointed by the mayor for that purpose), under whose direction and super- vision the work of making such sewer connection shall be done. Whoever shall violate, or shall fail to comply with any of the requirements of this section, shall be subject to a penalty of not less than five dollars nor more than one hundred dollars for each offense. 83. The city engineer shall, annually, on or before the first Monday in March of each year, make out and submit to the city council a report, showing in detail the public works or improvements undertaken or completed in connec- tion with his department during the preceding fiscal year, and the cost thereof to the city. 84. Said engineer shall carefully preserve, in his office, all plats and records of surveys, and' all books, maps and papers pertaining thereto; and upon the expiration of his term of office, or his resignation thereof or removal there- from, he shall, on demand, deliver to his successor in office all such books, plats, maps, records and effects of every de- scription, belonging to the city, or appertaining to said office. Article II. THE superintendent OF STREETS. 85. There is hereby created the office of superintendent of streets for said city. He shall hold his office for the term of one year, and until his successor shall be appointed and qualified. THE CITY OF SPRINGFIELD. 175 86. The city superintendent of streets shall be appointed by the mayor, by and with the advice and consent of the city council, on the first Monday in May, 1884, or as soon thereafter as may be, and annually thereafter. 87 . Before entering upon the duties of his office, the said superintendent .shall take the oath prescribed by law for city officers, and shall execute a bond to the city of Spring- field in the penal sum of three thousand dollars, with such sureties as shall be approved by the city council, conditioned for the faithful performance of the duties of the office. 88. Said superintendent shall have charge of the improve- ment, repair and cleaning of all streets, avenues and alleys in the city, and shall supervise the construction and repair of all sidewalks therein; but no improvement or repairs, except such as may be actually necessary, shall be made by him without the previous order of the city council. He shall, without delay, cause all breaks in any street or alley crossing, bridge, culvert, apron, or other unsafe place to be repaired, and report the cost thereof to the city council for allowance ; and when the probable cost of any such repair shall exceed twenty-five dollars, the same shall be made only with the concurrence of the mayor, or of the commit- tee on streets and alleys. 89 . He shall cause all ordinances in relation to streets, alleys and sidewalks to be enforced, and shall prosecute all persons for violations thereof. He shall carry into effect all such orders, general or special, as he may. receive from the city council, the mayor, or committee on streets and alleys, and for any willful neglect or refusal to perform any duty required of him by the laws or ordinances of said city, he shall be liable to removal from office. 90 . He shall, annually, in the spring of the year, under the direction of the committee on streets and alleys, cause the streets, avenues and alleys, where needed, to be cleaned and the gutters opened, and shall, as far as it is practicable, keep them in that condition during the year. He shall, from time to time, examine the sewers, culverts, bridges, crosswalks and sidewalks, and report the condition of the same to the city council, and recommend such improve- ments or repairs as he may deem necessary. 91 . He may, by authority of the city council, employ such number of laborers, reams and carts as shall be neces- sary for cleaning and repairing the streets and alleys, and at such prices as shall be fixed by the city council, not exceeding the customary rates paid by others for similar labor or service. He shall oversee and direct the street 176 GENERAL ORDINANCES OF laborers and workmen, and require them to labor faithfully, and shall keep, in a suitable book, a correct account of their time. He shall also supervise all connections of private drains or sewers with the public sewers, and shall see that the same are made in such manner that no injury is done to the public sewers.. 92. He may procure the necessary implements for per- forming street labor, or materials for bridges, culverts and cross-walks, but he shall purchase no implement or any materials without making a written requisition on the city comptroller, and obtaining his order therefor; and when he shall purchase any implement or materials for the use of the corporation, he shall report the bill thereof to the city comptroller, who shall charge him with the same at cost. He shall cause all implements or tools belonging to the city to be legibly marked or branded with the letters “C. S,.” and shall cause them to be properly housed or protected from the weather when not in use. 93. It shall be the duty of the superintendent of streets to keep a correct list of all implements, materials and other property of the city, in his charge or possession; and upon the expiration of his term of office, or his resignation thereof or removal therefrom, he shall deliver said property to his successor in office,, taking a receipt therefor, which he shall immediately file with the city comptroller, who shall credit him with the same, and charge his successor therewith. 94. He shall keep in an appropriate book, and in such manner as may be required by the committee on finance, a plain and accurate account of all expenditures made under his supervision, specifying to whom and for what purpose made, and to what ward chargeable. He shall examine all accounts of contractors and other persons for work pertain- ing to his department, or for implements or materials fur- nished therefor, and if correct, shall certify the same to the city council for allowance. 95. Said superintendent shall, on the first Monday of each and every month, report to the city council in writing,' a statement of all expenditures under his supervision during the preceding month, specifying the purpose of such expendi- tures, and the differenc wards in which made, and, if re- quired, the persons to whom made. No account presented or certified by him shall be allowed, or warrant issued thereon, unless it shall be so rendered as to show to what account and ward it is chargeable. 96. When any bridge, culvert, crosswalk, or other street work, to be done by or under the direction of the street THE CITY OF SPRINGFIELD. 177 superintendent, shall be ordered by the city council, the location and manner of constructing the same shall be designated in the order. 97. Crosswalks shall be constructed not less than three nor more than six feet wide, and shall be so laid as not to materially obstruct the roadway; and when the width is not specified in the order of the council, they shall be laid to the width of three feet. They shall, unless ^ otherwise directed in the order, be constructed of good two-inch white or burr oak plank, well spiked to sound oak timbers or cross-pieces, placed not more than six feet apart, and shall be furnished with the necessary approaches and aprons of two inch plank. Culverts, unless otherwise directed in the order, shall be built of at least two-inch white or burr oak lumber, securely spiked and tied to a substantial frame- work of timber, and of sufficient size and capacity to admit and carry off all the water as fast as it may flow, and shall be covered with at least two and one-half inch sound oak plank. Article III. PROVISIONS RELATING TO CONTRACTS FOR PUBLIC WORKS. 98. When any public work shall be ordered by the city council of the city of Springfield, and before the letting of any contract therefor by the city, the probable cost of such work shall be first ascertained; and no expenditure for any public work or improvement, to be paid for out of any gen- eral fund of the corporation, shall exceed, in any year, the amount appropriated for such improvement in the annual appropriation bill of such year. 99. All contracts for the making of any public improve- ment in said city, to be paid for in whole or in part by special assessment or special taxation, and any work or other public improvement, when the expense thereof shall exceed the sum of five hundred dollars, shall be let to the lowest responsible bidder therefor, in the manner hereinafter prescribed, and be approved by the mayor: Provided, that any such contract may be entered into by the city comp- troller, or other proper officer, without advertising for bids, and without the approval of the mayor, when authorized by a vote of two-thirds of all the aldermen elected to the city council. 100. Whenever any local or public improvement shall be ordered by the city council, which is to be paid for in whole or in part by special assessment or special taxation, or otherwise, it shall be the duty of the city engineer to pre- pare a plan or profile of the proposed improvement, and • —12 178 GENERAL ORDINANCES OF specifications for the construction of the same, which shall be kept on file in his office, and be open to the inspection of city officers and other persons interested therein. 101 . As soon as the special tax or special assessment for any such improvement shall have been finally confirmed, as provided by law, and sooner if deemed expedient by the mayor or city council, the mayor shall be authorized to advertise, in one or more newspapers of general circulation printed or published in said city, for proposals to furnish the materials and do said work, according to the plans and specifications aforesaid. Such advertisement shall be pub- lished for at least ten consecutive days before the day fixed for opening said proposals, and shall state the nature and extent of the improvement ordered, the place where specifi- cations thereof may be seen, and the time and place when and where the bids will be opened. The right to reject any and all proposals or bids received shall be reserved in the advertisement. 102. All proposals for any such improvement shall be signed by the persons bidding, and be inclosed in a sealed envelope and directed to the mayor; and each bid shall be accompanied by a bond, in such amount as may be named in said advertisement or notice, with sureties to be approved by the mayor, conditioned that, in case the contract is awarded to such bidder, he will enter into bond, as herein required, to perform the same according to the terms of his bid ; or each bidder may be required to accompany his bid with a certified check, in such reasonable amount as shall be designated by the mayor in said advertisement, payable to the order of the city treasurer, which shall become for- feited to the city in case the bidder shall fail to enter into contract, with approved securities, to execute the work for the price mentioned in his bid, and according to the plans and specifications, in the event that the contract should be awarded to him. 103. All proposals or bids shall be opened by the mayor at the hour and place mentioned in said advertisement, in the presence of such bidders and other persons as may attend, and, upon -examination of the same, the’ mayor shall award the contract to the lowest responsible bidder, whose bid shall not exceed the estimated cost of the proposed im- provement; or he may submit the same to the city council for their approval and confirmation. 104. The performance of the contract shall be secured by a good and sufficient bond, to be approved by the mayor or city council, conditioned, among other things, for the faithful execution of the terms of such contract, which THE CITY OF SPRINGFIELD. 179 terms shall be substantially set forth in said bond. If any bidder shall fail to promptly enter into contract, and to give bond as hereinbefore required, the contract for such work may be awarded to the next lowest and most responsible bidder; or, if it shall be deemed best for the interests of the city not to accept any of the bids made, such bids may be rejected, and the mayor shall thereupon re-advertise for proposals in like manner as before. 105. Any bidder who shall fail to enter into any contract so awarded, or shall fail to fulfill any contract entered into by him with the city, shall not be permitted to bid again for any city work, unless the city council shall, for good cause shown, remove his disability. No member of the city council, or other city of&cer, shall be interested, directly or indirectly, in any contract for work of the corporation, or become surety for any contractor or other person upon any bond, to secure the performance of any contract with said city. 106. All such contracts and bonds shall run to and be in the name of the city of Springfield, and shall be drawn by the city attorney, or be submitted to him for his approval of the form thereof; and before the same shall be in force, they shall be signed or approved by the mayor, and counter- signed by the city comptroller. Said contracts shall be executed in duplicate, one original copy of which shall be given to the contractor, and the other filed and kept in the office of the comptroller, who shall furnish copies thereof when required. 107. Each contract shall contain a clause, in substance to the effect that it is made subject to the ordinances of the city, and to the power of the mayor or other proper city officer to suspend the work, and of the city council to annul the contract for a failure on the part of the contractor to execute the same according to the terms thereof; but that such suspension shall not effect the right to all damages claimable by it on account of the non-performance of such contract according to the terms thereof. 108. All contracts in which the contractor or contractors agree to be paid from special taxes or special assessments, shall contain covenants to the effect that they shall have no claim or lien upon the city, in any event, except from the collection of tke special taxes or special assessments levied for the work contracted; and that no liability shall attach to the city by reason of entering into any such con- tract, except for the payment to such contractor or con- tractors of the moneys received by the city on the special 180 GENERAL ORDINANCES OF taxes or special assessments levied or assessed for the im- provement mentioned in such contract. And no contract for work, to be paid for as aforesaid, shall be let to any contractor who will not so agree. 109 . In all contracts for street or alley improvement, where the city shall reserve the disposition of all surplus earth removed in excavations upon such streets or alleys, no contractor or sub-contractor shall in any manner sell or dis- pose of any such surplus earth, under a penalty of not less than fifty dollars nor more than one hundred dollars for each offense. 110 . When any contract shall have been completed, and on the filing in the office of the city comptroller of the cer- tificate of the city engineer, or other officer under whose supervision the work was done, stating that he has inspected said work, and that it is done according to the contract and specifications, the ^comptroller and mayor may issue their warrant on the treasurer for the amount due such contractor or contractors ; and they may, when stipulated in the con- tract, or with the consent of the city council, from time to time, during the prosecution of the work (upon the filing of the certificate of the proper officer, stating that he has examined and computed or measured such work, and that he believes there is enough done to cover the estimate, and that it is done in accordance with the contract), advance to the contractor, and draw their warrant upon the treasurer for such advance, reserving, in all cases, at least fifteen per cent, of the estimate, to be paid when the contract is com- pleted. 111 . No payment shall be made upon any work done by contract for any extra work not specified therein, unless such extra work shall have been done by special order of the city council. No officer of the corporation, or special superintendent employed thereby, shall certify the account of any contractor who has failed to comply with the terms of his contract, nor in any case in advance of the progress of the work; and if he shall do so, he shall be liable to the city for all loss that may arise therefrom. THE CITY OF SPRINGFIELD. 181 CHAPTER V. LAW DEPAETMENT. Article I. THE CITY ATTORNEY. Sec. 112 . There is hereby established a department of the municipal government of the city of Springfield, which shall be known as the “Law Department,” and shall include the city attorney, and such assistant counsel as the comptroller and mayor may, from time to time, deem necessary to employ. 113 . The city attorney shall, before entering upon the duties of his office, execute and file a bond to the city of Springfield in the penal sum of twenty-five hundred dollars, with such sureties as the oity council shall approve, condi- tioned for the faithful performance of the, duties of said office. 114 . Said attorney shall prosecute or defend, on behalf of the city, in all cases in which the interests of the corpo- ration or any officer thereof are involved ; and the city clerk shall furnish him with certified copies of any ordinance, bond or other papers, in his keeping, necessary to be filed or used in any suit or proceeding. 115 . He shall, when required, advise the city council or any city officer in all matters of law in which the interests of the corporation are involved, and he shall draw such ordinances, bonds and contracts, or examine and approve the same, as may be required of him by the mayor, the city council, or any committee thereof. 116 . He shall cause executions to be issued upon all judgments recovered in favor of said city, and see to their prompt collection. He shall examine all fee bills of officers of courts and others, and certify to the correctness of the same, and the liability of the city therefor. 117 . He is hereby charged with the prosecution of all actions for violations of the ordinances of the city council, and with the conducting of all proceedings in justices’ courts, or on appeal therefrom. He shall institute and prosecute an action in every case where there has been a violation of 182 GENERAL ORDINANCES OF a city ordinance, when instructed to do so by the mayor, the city council, or the chief officer of any department of the city government; or upon the complaint of any other person, when, in his judgment, the public interest shall require that the same be prosecuted. 118. He shall not be required to prosecute any suit or action arising under the ordinances of the city, when, upon investigation of the same, he shall become satisfied that the complaint was instituted maliciously or vexatiously, and without probable cause ; and he shall be authorized to dis- continue any such suit or proceeding upon such terms as to him may seem just and equitable. 119. An appeal may be taken by the city attorney from the judgment of any police magistrate or justice of the peace, to the county or circuit court of Sangamon county, in any case where such judgment has been given against the city, when, in his opinion, the public interest may require it; but no appeal or writ of error shall be taken by said attorney, on behalf of the corporation, to any higher court, unless the same shall be authorized by the mayor and comp- troller, or directed by the city council. 120. Said attorney shall, annually, on or before the first Monday in April of each year, report, in writing, to the city council, a detailed statement of all suits instituted and pend- ing in the courts of record, wherein the city of Springfield is plaintiff or defendant. In said report he shall state the names of the parties to the suits, the date of their com- mencement, the nature thereof, and the several steps taken by him to bring the same to final issue; and he shall also give a list of all cases disposed of during his term of office, and subsequent to his last report, with such explanatory remarks as he may think proper to add thereto — to the end that the council may be kept fully advised as to the legal affairs of the city. 121. It shall be the duty of said attorney to keep, in a suitable book, to be provided by the city for that purpose, a record of all written opinions given or furnished by him to said city; and he shall also keep a register of all actions in courts of record, prosecuted or defended by him, in which the city was a party, and of the various proceedings in con- nection therewith. Upon the expiration of his term of office, he shall, on demand, deliver to his successor in office, the said book and register, together with all contracts, bonds or other papers, in his possession, belonging to the city, or appertaining to said office. THE CITY CF SPRINGFIELD. 183 122. In case of the temporary absence or inability of the city attorney to attend to the duties of his office, he may, with the approval of the mayor, and at his own expense, appoint or employ some competent attorney to act in his place. 123. Said attorney shall keep his office at the city hall, or at such other convenient place as the city council may provide, and it shall be his duty to attend there during usual office hours, when not otherwise engaged, for the transaction of the business pertaining to his office. 184 GENERAL ORDINANCES OF CHAPTER VI. THE POLICE DEPARTMENT. Akticle I. The Superintendent of Police. II. The Sergeant and Police Patrolmen. III. Special Provisions. IV. Proceedings to Recover Fines and Penalties, etc. V. The City Prison and Keeper. VI. Working Prisoners on Streets. Article I. THE SUPERINTENDENT OF POLICE. Sec. 124. There is hereby established an executive depart- ment of the municipal government of the city of Springfield, which shall be known as the “Police Department,” and shall embrace one superintendent of police, one sergeant of police, one keeper of the city prison, and thirteen police patrolmen, and such other number of patrolmen," not exceeding eighteen, as may hereafter, from time to time, be fixed by the city council. 125. There is hereby created the office of superintendent of police of said city. He shall be the chief of the police department, and shall hold his office for the term of one year, and until his successor shall be appointed and quali- fied. 126. The superintendent of police shall be appointed by the mayor, by and with the advice and consent of the city council, on the first Monday in May, 1884, or as soon there- after as practicable, and annually thereafter. 127. He shall, before entering upon the duties of his office, take and sign the oath prescribed by law for city officers, and shall execute a bond to the city of Springfield in the penal sum of five thousand dollars, with such sureties as the city council shall approve, conditioned for the faith- ful performance of the duties of his office, and the payment of all moneys that may be received by him, according to law and the ordinances of said city. THE CITY OF SPEINGFIELD. 185 128. He shall, in subordination to the mayor, have the full management and control of the police department, and all regulations and orders thereof shall be promulgated through him. All subordinate officers and members of said department shall be subject to such rules and regulations as shall, from time to time, be prescribed by said superin- tendent, with the concurrence of the mayor and committee on police. 129. He shall devote his entire time to the discharge of the duties of his office, and shall be charged with the preser- vation of the peace, order, safety and cleanliness of the city, and with the duty of protecting the rights of persons and property, and of enforcing all ordidances and orders of the city council. 130. He shall take notice of all nuisances, obstructions and defects in the streets and alleys, or other public places of the city, and shall cause the same to be abated or removed, or immediate notice thereof given to the proper officer whose duty it may be to take action in relation thereto. 131. It shall be the duty of the superintendent of police, to promptly report to the mayor or chairman of the police committee, any member of the police force, who may be guilty of drunkenness, neglect of duty, disobedience of orders, or violation of the standing rules and regulations of the police department ; and during the pending of formal charges against ^y police officer or patrolman on the force, said superintendent may suspend such officer or patrolman from duty, until such charges can be investigated. 132. He shall attend, either in person or by deputy, all meetings of the city council, execute all its orders and close the council chamber upon the adjournment of that body. He shall also execute all warrants or other legal process, required to be executed by him under any ordi- nance of the city. 133. Said superintendent shall keep or cause to be kept books of record of the police department, and of all persons arrested or committed by the police, showing the time and place of each arrest, the offense for which the same was made, the magistrate or court before whom such person was tried, and the disposition of each case. 134. He shall, on the first Monday in each month, make a written report to the city council, showing the number of arrests made by the police force during the pre- ceding month, the name of each person arrested, the police- 186 GENERAL ORDINANCES OF man making the arrest, the offense charged, the magistrate before whom tried, the disposition of the case, the amount of fine imposed, if any, and the amount of such fine col- lected. 135 . Said superintendent shall have the care, custody and control of all books, records, equipments and other property belonging to the police department, and of all stolen goods seized and retained by police authority. Upon the expiration of his term of office, or his resignation or removal therefrom, he shall, on demand, surrender to his successor in office, all books, records, equipments and pro- perty, of every description, in his possession, belonging to the city, or appertaining to his said office. Article II. THE SERGEANT AND POLICE PATROLMEN. 136 . There is hereby created the office of sergeant of police of the city. The term of said office shall be for one year, and until his successor is appointed and qualified. 137 . The sergeant of police shall be appointed by the mayor, by and with the advice and consent of the city council, on the first Monday in May, 1884, or as soon there- after as may be, and annually thereafter. 138 . The sergeant shall, before entering upon the duties of his office, take the oath prescribed by law for city officers, and execute a bond to the city of Springfield in the penal sum of two thousand dollars, with sureties to be approved by the city council, conditioned for^the faithful performance of the duties of the office. 139 . He shall be the secretary of the police department, and shall, under the direction of the superintendent, keep the books, records and accounts of said department ; and he shall perform such other and further duties as may be re- quired of him by the mayor, the superintendent of police, or by the rules and regulations of the police department. 140 . Said sergeant shall, in case of the temporary absence or disability of the superintendent, possess the powers and exercise the duties of the superintendent of police. 141 . The police patrolmen shall severally hold their offices for the term of ’one year, or until their successors shall be appointed and qualified. They shall be appointed by the mayor, by and with the advice and consent of the city council, on the first Monday in May, 1884, or as soon thereafter as may be, and annually thereafter. THE CITY OF SPRINGFIELD. 187 142. Each police patrolman shall, before he enters upon the duties of his office, take and subscribe the oath provided by law for city officers, and shall give a bond to the city of Springfield in the penal sum of one thousand dollars, with such sureties as the citj^ council shall approve, conditioned for the faithful performance of the duties of the office. 143. The mayor shall designate one-third of the number of police patrolmen, so appointed and qualified, to act as day policemen, and the remaining two-thirds to act as night policemen. He may, when necessary, detail any police officer for the discharge of any special police duty, and may also require all policemen to perform police duty at any time of the day or night. 144. The mayor may, on special occasions, when in his judgment the^ public peace and order of the city shall so require, appoint and commission such number of special patrolmen as may be necessary, and shall fix the time in the order of their appointment, during which they shall serve, and such special patrolmen shall possess the powers and exercise the duties of regular police patrolmen : Provided, that their appointment shall be subject to the consent of the city council, as in the case of members of the standing police force. 145. The several members of the police force, when on duty, shall devote their entire time to the proper discharge of the duties of their stations, according to the laws and ordinances of the city, and the rules and regulations of the police department ; and it shall be their especial duty to preserve order, peace and quiet, and to enforce the ordin- ances throughout the city. 146. They shall have power to arrest, with or without process, all persons within the city who shall break the peace, or be found violating any ordinance of the city, or any criminal law of this State, to commit for examination, and, if necessary, to detain such persons over night or Sun- day in the city prison, or other secure place, until they can be brought before the proper magistrate or court for trial. 147. They shall have power and authority, within the corporate limits of said city, to serve and execute warrants or other legal process for the apprehension and commitment of persons charged with, or held for, the commission of any crime or misdemeanor, or the violation of any law or ordin- ance of said city, and while serving or executing, or assist- ing in the service or execution of any such warrant or legal process, they shall be vested with all the common law and statutory power of constables for such purposes. 188 GENERAL ORDINANCES OF 148. They shall also have power and authority to execute city warrants, or other like legal process, without the corpor- ate limits of the city, and within such distance therefrom as is authorized by law, in all cases when any ordinance of the city council, made pursuant to law, shall prescribe a penalty for the violation of any of its provisions by persons residing, acting or doing business without the limits of said city. 149. Any police officer of the city may, at any time, call upon any able-bodied male person, above the age of eighteen years, to aid him in the arresting, re-taking or hold- ing in custody, of any person guilty of having committed any unlawful act, or charged therewith, or to aid such offi- cer in preventing the commission of any unlawful act; and whoever shall neglect or refuse to give such aid or assist- ance, when so required, shall incur a penalty of not less than three dollars nor more than twenty-five dollars, for each offense. 150. It shall be the duty of the members of the police force to aid the fire department by giving alarms in case of fire, and in clearing the streets or grounds in the immediate vicinity of any fire, so that the firemen shall not be hindered or obstructed in the performance of their duties. 151. Any member of the police department who shall neglect or refuse to perform any duty required of him by the ordinances of the city, or the rules and regulations of said department, or who shall, in the discharge of his offi- cial duties, be guilty of any fraud, favoritism, extortion, oppresssion, or willful wrong or injustice, shall, in each case, be subject to a fine of not less than five dollars nor more than one hundred dollars, and shall also be subject to re- moval from office. 152. Whoever, in this city, shall resist or obstruct any member of the police force in the discharge of his duty, or shall in any way hinder or prevent him from the discharge of his duty, or shall endeavor to do so; and whoever shall, in any manner, assist any person in the custody of any member of the police force to escape, or attempt to escape, from such custody, or shall attempt to rescue any person in custody, shall be fined not less than five dollars nor more than one hundred dollars for each offense. 153. Any person who shall falsely represent any of the members of the police department of this city, or shall ma- liciously, or with intent to deceive, use or imitate any of the signs, signals or devices used by said department, or who, not being a police officer, shall wear in public the police uniform, shall be subject to a fine of not less than ten dollars nor more than one hundred dollars in each case. THE CITY OF SPRINGFIELD. 189 154. Draymen, backmen, omnibus drivers, baggagemen, runners, porters, and other such persons, when at or about any railroad depot or other public place in the city, shall obey the demands of the police officer or officers who may be stationed or doing duty at or about such depots, or other public places, for the preservation of order and enforcing the ordinances. Whoever shall refuse to obey the lawful commands or directions of any police officer as aforesaid, shall be liable to a fine of three dollars. Article III. SPECIAL PROVISIONS. 155. The several members of the police force shall wear a uniform, which shall consist of a blue frock coat, with brass buttons, blue vest and pants, a black hat or cap, and a metal star or badge ; all to be of such material and pat- tern as may be prescribed by the committee on police. Said uniform to be furnished by each member of the force, at his own expense, except the hat or cap and star : Provi- ded, that from the first of June to the first of October, in each year, they may wear a blue sack coat or blouse instead of the frock coat, and a light felt hat, stiff-rimmed, to be known as the “regulation hat.” 156. Each police officer or patrolman shall, upon his appointment, be supplied by the city with a badge, and a copy of the rules and regulations established for the^overn- ment of the police department. 157. Upon the expiration of the term of office of the sergeant or any police patrolman, or his resignation or re- moval from office, he shall immediately deliver to the super- intendent of police, for the use of the city, his star or badge and billy, and all papep:s and effects, in his possession, be- longing to the city, or appertaining to his said office. 158. Any member of the police department receiving injury or becoming disabled, while in the discharge of his official duties, so as to prevent him from attending to the same, may receive his usual salary for the period of not exceeding four months, provided his disability shall last that long. The fact of such disability and its duration shall be certified to by his attending physician, or such other evidence thereof produced as the mayor or comptroller may require. 159. Upon application by any railroad company having a depot in said city, or by any other private company or corporation, the mayor may appoint one or more watchmen. 190 GENERAL ORDINANCES OF to continue in office during the pleasure of the mayor and said company or companies. Said watchmen shall have the same powers and perform the same duties as police patrol- men, at and about the railroad depots, or other places for which they are appointed; but no such watchman shall receive any salary or compensation for his services other than that which may be paid him by the company at whose request he was appointed. Every such watchman, before he enters upon his duties, shall qualify in like manner as a police patrolman. Article IV. PROCEEDINGS TO RECOVER FINES AND PENALTIES — REPORTS OF MAGISTRATES. 160. All suits or actions for the recovery of any fine, penalty or forfeiture, arising under the laws or ordinances of the city of Springfield, where the amount sued for, or in controversy, does not exceed two hundred dollars, may be brought before any police magistrate or justice of the peace of or in the city. 161. When any violation of any law or ordinance of the city shall come to the knowledge of the superintendent of police, or to any member of the police force, he shall, with- out delay, make, or cause to be made, the proper complaint before a police magistrate or justice of the peace, and the necessary witnesses to be subpoenaed, or other evidence pro- cured, for the successful prosecution of the offender. 162. When any action shall be brought against any in- corporated company, for a violation of any law or ordinance of said city, the police magistrate or justice of the peace before whom the complaint is made, shall issue a summons against the company, stating therein the nature of the action or suit, which summons shall be returnable forthwith, and may be executed by leaving a copy thereof with the presi- ilent, secretary, superintendent, general agent or principal clerk of such company, if any of them can be found in the city, and if not, then by leaving a copy with any clerk, conductor, paymaster, or other agent to be found within the city; and upon the return of such summons duly served, the magistrate or justice shall proceed to hear and deter- mine the case in like manner as other cases are determined, when a warrant is issued and the defendant arrested and brought into court. 163. No process shall be necessary where the person is legally arrested without warrant and brought before the THE CITY OF SPEINGFIELD. 191 court or magistrate ; but the officer making such arrest shall, unless waived by the person arrested, make and tile an affi- davit, setting forth the cause, time and place of the arrest, and a memorandum thereof shall be entered upon the docket of the court. 164. No suit or proceeding, under the laws or ordinances of said city, shall be dismissed for any defect or informality in the complaint, if the offense be substantially alleged therein ; and amendments may be allowed in all cases upon such terms as the magistrate or court shall deem just and reasonable. 165. If the name of any defendant is unknown, he may • be designated by any description by which he can with cer- tainty be identified; and if upon arrest he shall refuse to disclose his true name, he may be tried and convicted by the designation used in the warrant. But where the true name of any defendant is known to the magistrate, or can Le ascertained by him, it shall be the duty of such magis- trate to place the same upon his docket. 166. In all suits before police magistrates or justices of the peace, arising under the laws or ordinances of the city, continuances may be granted for good cause shown, upon oath, in the discretion of the court ; but in any such case the defendant, if required, shall give bond and security for his appearance at the time fixed for trial, or remain in cus- tody. 167. Any person who may be arrested or in the custody of any police officer, for a violation of any ordinance of the city, may be released from custody or imprisonment by en- tering into bond or recognizance "before such police officer, or before any police magistrate or justice of the peace of the city, in such reasonable sum, and with such surety or sureties as may be required of him, conditioned for his ap- pearance before the court named therein, at the time men- tioned therein, to answer to the offense with which he may stand charged, and not depart the court without leave. 168. When any person, being arrested or in custody, and having given bond as aforesaid, shall fail to appear at the time and place when and where the suit is set for trial, the magistrate or justice of the peace may proceed with the hearing of the cause, and hear the testimony on behalf of the city, and render judgment by default for such amount as the court shall deem just and proper under the evidence in the case ; and suit may be forthwith brought against the surety or sureties on the defendant’s bond for the amount of the penalty thereof, and judgment rendered by the court 192 GENERAL ORDINANCES OF for the same, and all costs, or so much of such penalty as may seem just and equitable, upon consideration of the facts and circumstances of the case. 169. Any person arraigned before a police magistrate or justice of the peace for a violation of any ordinance of the city, may have the case tried by a jury, if he or she shall so demand before the trial is entered upon. The number, impanneling, and qualifications of jurors shall be governed by the statutes of this State in relation to like proceedings before justices of the peace. 170. All police officers making arrests shall attend as witnesses before the police court or courts, and shall pro- cure all necessary evidence in their power, and furnish a list of all witnesses to- the magistrate or the city attorney. But no costs of any kind shall be taxed against or collected of the city in any such court, and no city officer shall be entitled to any witness fees in any action for a violation of any city ordinance. 171. If any person charged with any offense under the ordinances of the city shall, upon trial therefor, be acquitted, and it shall satisfactorily appear to the court that the com- plaint or prosecution was instituted maliciously or vexatiously, and without probable cause, judgment may be rendered against the complainant or prosecuting witness for the costs in the case, and execution issued for the collection of the same out of his goods and chattels. 172. Every police magistrate or justice of the peace, before whom any suits may be brought in the corporate name of the city for the recovery of any fines or penalties, shall monthly, on the first Monday in each month, report to the city council (on blanks to be provided for that pur- pose by the city comptroller) a detailed list of all suits brought by him in the name of the city, since his last re- port, with the disposition made of each case, the amount of fine imposed, if any, the name of the officer charged with the collection of the same,, the amount collected thereon, and also the amount collected since his last report on any judgment for any fine imposed prior to such report; and if any police magistrate or justice of the peace shall fail to make report as herein required, he shall be liable to an action on his official bond for any loss or damage to the city resulting from any such failure or neglect. 173. Each police magistrate and justice of the peace, or other such officer, collecting fines, costs or moneys on ac- count of the city, shall pay the same into the city treasury on or before the first Monday in each and every month. THE CITY OF SPRINGFIELD. 193 If any stich magistrate or justice of the peace shall neglect or refuse to pay over the amount of any fine or any moneys collected by him for the use of the city, as herein required, legal proceedings may be commenced at any time to compel such payment ; and it shall be the duty of the city comp- troller, after notice given and a reasonable time has elapsed without payment, to bring suit in the name of the city, in some court of competent jurisdiction, against the delinquent officer and his securities, and to require the city attorney to aid him in the prosecution thereof to final judgment. 174. If any police magistrate or justice of the peace shall neglect or refuse to hold a police court at any reason- able time, when so required, or shall fail to pay into the city treasury any moneys collected by him for the use of the corporation, or to make his monthly report as herein- before required, the city council may order all suits in the name of the city, for the recovery of any fine or penalty, to be brought before some other magistrate or justice of the peace. 175. It shall be the duty of every police officer or patrol- man, receiving any execution for the collection of any fine, to render to the police magistrate or justice of the peace issuing the same, on the first day of each month, a state- ment in writing in relation to what has been done with said execution, and the amount of money paid thereon, if any, and such statement shall be filed by the magistrate or justice with the city comptroller, at the time of making his monthly report to the city council. In case of the failure of any police officer to render the statement herein required, the city comptroller may charge the amount of the uncollected execution or executions against such officer, so failing to report, and deduct the same from his salary. Article V. THE CITY PRISON AND KEEPER. 176. The buildings and inclosures, which now are or may hereafter be erected, situated upon lot number seven (7), in block number one (1) of the old town plat of the town (now city) of Springfield, are hereby constituted and established as a city prison and workhouse, for the confinement and safe keeping of all persons who may be legally committed thereto by any police magistrate or justice of the peace, or other proper officer, for any violation of the laws or ordi- nances of the city, or for the non-payment of any fine or penalty legally adjudged against such persons by any magis- trate or other competent court. —13 194 GENERAL ORDINANCES OF , 177 . There is hereby created the office of keeper of the city prison and workhouse. He shall hold his office for the term of one year, and until his successor shall be duly appointed and qualified. 178 . The city prison keeper shall be appointed by the mayor, by and with the advice and consent of the city coun- cil, on the first Monday in May, 1884, as nearly as may be, and annua^lly thereafter. Before entering upon the duties of his office, he shall take the oath prescribed by law, and shall execute a bond to the corporation in the penal sum of two thousand dollars, with such sureties as the city council shall approve, conditioned for the faithful discharge of the duties of the office. 179 . The keeper of the city prison shall be ex-officio a policeman, and shall possess the same powers and perform the same duties as other police patrolmen. He shall reside in the portion of the city prison alloted for that purpose, and shall have the charge, custody and keeping of the prison and workhouse, and of the grounds and appurtenances be- longing thereto, and of all persons legally committed to or confined therein, under the direction and supervision of the mayor and city council. He shall attend at the prison at all times, and, when required, shall receive into his custody and safely keep and confine therein all persons who may be legally committed to his custody or charge by any proper officer, police magistrate or justice of the peace, until they shall be legally taken or discharged therefrom. He shall furnish to all persons who may be confined or kept in the prison under his charge (when the person himself shall not do so), at proper times, suitable, necessary, and plain, whole- some food and drink, and comfortable bedding. 180 . When any person shall be committed by order of any police magistrate, justice of the peace or other compe- tent court, for the non-payment of any fine, penalty or for- feiture adjudged against him, and has no goods or chattels out of which the judgment and execution against him can be collected, the police officer having charge of the execu- tion shall deliver such person, with a copy of the execution, and with the amount of the fine or penalty and costs adjudged against him, into the custody of the city prison keeper, who shall receive such person, and receipt for him to the officer upon the execution retained by him, and shall enter in a book kept for that purpose the date and amount of the fine and costs, and the number of days which the person will be required to be confined in order to discharge the same at the rate of fifty cents per day. THE CITY OF SPRINGFIELD. 195 181. The keeper of the city prison and workhouse may require any person committed to his custody for the non- payment of any fine or penalty imposed on him by any police magistrate or justice of the peace, for any violation of the laws or ordinances of the city, to perform such manual labor as his or her strength will permit, within or without the prison, for not exceeding ten hours each working day, and in such manner as the prison keeper shall direct; and if such person shall refuse to labor when required, or shall conduct himself in a disorderly manner, or refuse to obey the lawful commands of the prison keeper, or shall resist him or attempt to escape, he shall not be entitled to any credit on his fine or judgment until he shall consent to labor, and if he shall escape he shall forfeit the whole amount credited or paid on his fine by imprisonment, and if retaken shall serve out the entire amount of the fine and costs for which he was originally committed. 182. The keeper of the city prison shall keep a record, in which he shall register the name of each person com- mitted to or confined therein, the offense for which such person was committed, the time when and by what officer committed, the date and manner of discharge, and by what authority discharged; and he shall carefully preserve the original (if left with him) or a copy of each execution, mit- timus or warrant of commitment. 183. Me shall, on the first Monday in each month, pay into the city treasury all moneys which he may have re- ceived for fines due the corporation from any person com- mitted to his custody for any violation of the ordinances of the city, and he shall also report the amount of the same to the city council, in writing, with the names of all per- sons committed or confined during the preceding month, the offense for which committed, the amount of the fine and cost, the time for which committed, and when discharged; and if any such persons were discharged before the expira- tion of the time for which they were committed, the report shall state for what reason and by whose authority discharged. 184. The city prison keeper shall not release or discharge any person committed to his custody, except when such person may be taken out for trial by the proper officer, or otherwise released or discharged according to law; and he shall not release or discharge any person committed into his custody for the non-payment of any fine or penalty adjudged against him, until the same is paid, or until the time for which he was committed shall have expired, except when such person may be duly released by the mayor, or other- wise lawfully discharged. If said prison keeper shall release 196 GENERAL ORDINANCES OF or discharge any person committed into his custody, contrary to the provisions of this section, or suffer or permit such person to escape, he shall be liable for the full amount of the fine and costs due from such person at the time of his escape, and to an additional penalty of not less than five dollars nor more than one hundred dollars, and may be re- moved from office. 185. The keeper of the city prison and workhouse shall keep the same, with the appurtenances, cells, furniture and bedding thereof, clean, in good order, and free from vermin and other things prejudicial to the health and comfort of persons confined therein ; and he shall, if necessary, compel such persons to keep themselves and their wearing apparel in a cleanly and decent condition, and to cleanse their apartments or other parts of the prison, when they shall willfully or unnecessarily defile the same. 186. The committee on police may make and establish such reasonable rules and regulations for the maintenance of good order and discipline in the city prison and work- house as they may find expedient or necessary; and the prison keeper, upon receiving any person into his custody, shall read over said rules and regulations in the hearing of such person, and shall at all times strictly enforce the same. 187. Whenever the city physician (if there be one) shall be unable to attend on any prisoner requiring medical aid, the prison keeper shall be authorized to employ, with the con- sent of the mayor, such other medical assistance as he may deem necessary. 188. It shall be the duty of the committee on police to visit the city prison as often as once a month, and to in- quire into the treatment of persons confined therein, and see that the prison is kept in good order and condition, and that the provisions of this article and the rules and regulations of the prison are strictly observed and enforced ; and they shall report to the city council any neglect of duty or ineffi- ciency on the part of the keeper thereof. 189. The keeper of the city prison and workhouse shall treat all persons committed to his charge humanely ; and if he shall unnecessarily assault, beat, abuse, or otherwise maltreat, any person in his custody, or knowingly suffer or permit the same to be done ; or shall supply any such person with any intoxicating liquor as a beverage, or knowingly suffer or permit the same to be done; or shall be guilty of any lascivious behavior, or other improper conduct, toward any female in his custody, or knowingly suffer or permit others to be guilty of such conduct ; or shall fail to supply THE CITY OF SPRINGFIELD. 197 each and every person in his custody with a sufficient quantity of wholesome food or drink, at reasonable and proper intervals, or with the necesssary bedding, he shall, in each and every case, be subject to a penalty of not less than ten dollars nor more than one hundred dollars ; and a conviction under any of the provisions of this section shall be deemed cause for his removal from office. Article VI. WORKING PRISONERS ON STREETS. 190. When any able-bodied male person shall be com- mitted to the city prison and workhouse for the non-payment of any fine or penalty adjudged against him, it shall be the duty of the prison keeper to deliver such person, with the mittimus or execution, indorsed with the amount of the fine and costs, including board to date, into the charge of the city superintendent of streets, who shall, if practicable, re- ceive such person and receipt for him to the prison keeper, and shall enter in a suitable book, to be kept by him, the amount of the fine and costs, and the number of days which the person will be required to work to discharge the same. Said superintendent shall thereupon compel such person to labor on the streets and alleys of the city for ten hours in each working day, and shall credit him with not less than fifty cents, nor more than one dollar and fifty cents, exclusive of board, for every day he shall so diligently labor, and shall discharge him when he shall have labored out his fine and the costs. 191. The superintendent of streets, having received any person into his charge for the purpose of working out his fine and costs, as aforesaid, may commit such person to the city prison for safe keeping when not laboring, and take him therefrom each day for the purpose of laboring, 192. Any person so committed, who shall refuse to labor, or shall conduct himself in a disorderly manner, or shall refuse to obey the lawful orders of the street superintendent, or his assistant or deputy, or shall resist him or attempt to escape, shall not be entitled to any credit upon his fine, and shall be re-committed to confinement until he consents to labor ; and said superintendent may attach a ball and chain to any such person, in order to prevent his escape. If such person shall escape, he shall forfeit all of his labor performed, and if re-taken, shall work out the whole amount of the fine and costs for which he was originally committed. 198 GENEEAL ORDINANCES OF 193. Any person committed as aforesaid, may, at any time, pay the amount of the execution against him ; and upon such payment being made, or upon his laboring out the amount of his fine and costs, or otherwise being entitled to his discharge, the officer having him in custody shall, if required, give him a written discharge, and set him at liberty. 194. It shall be the duty of the superintendent of streets, having any person in his charge or custody for the purpose of working out their fines upon the streets, to report monthly to the city council, stating their names, with the amount of the fine in each case, the manner of discharging the same, and the number of days’ labor performed by each. If any such person shall escape from his custody, he shall forth- with notify the superintendent or sergeant of police thereof. THE CITY OF SPBINGFIELD. 199 CHAPTER Vll. THE FIKE DEPAETMENT. Akticle I. Department Established. II. The Fire iMarshal. III. The Firemen and Fire Committee. Article I. ESTABLISHING OF THE DEPARTMENT. Sec. 195 . There is hereby established a department of the . municipal government of the city of Springfield, which shall be known as the “Fire Department,” and shall embrace one fire marshal, two engineers, two firemen, five drivers, two hose- men, one tillerman, and six extra hosemen, and such other or farther number of each as the city council may hereafter, from time to time, by ordinance or resolution, provide. 196 . The location of the two companies composing said department shall be as follows: Engine Company No. 1, [Button] shall be located in the house or rooms under the city hall, on Monroe street. Engine Company No. 2, [Silsby] shall be located in the engine house on Jefferson street, between Third and Fourth streets. The Hook and Ladder trucks and apparatus shall be kept in the house adjoining that occupied by the first named engine company, on Mon- roe street, in said city. Article II. THE FIRE MARSHAL. 197 . There is hereby created the office of fire marshal of the city of Springfield. He shall hold his office for the term of one year, and until his successor shall be appointed and qualified. Said fire marshal shall be appointed by the mayor, by and with the advice and consent of the city council, on the first Monday in May, 1881, or as soon thereafter as may be, and annually thereafter. 200 GENERAL ORDINANCES OF 198. The fire marshal shall, before entering upon the duties of his office, take and subscribe the oath prescribed by law for city officers, and shall execute a bond to the corporation in the penal sum of twenty-five hundred dollars, with sureties to be approved by the city council, conditioned for the faithful performance of the duties of his office. 199. Said fire marshal shall be the chief of the fire department, and in subordination to the mayor and com- mittee on fire and water, shall have full command and con- trol over said department, and over all the members thereof. He shall have the general care and custody of the engines, hose carts and hose, horses, trucks, hooks and ladders, and all other property and equipments belonging to the fire depart- ment, and he shall personally attend to all repairs required to be made upon the same. 200. He shall attend all fires occurring within the city, and take command of the organization, and shall see that the several members of the fire department faithfully perform their respective duties. With the concurrence of the mayor, or any two aldermen, the fire marshal may order the tearing down and removal of any building, or may direct the blow- ing up of any building, when, in either case, it shall be deemed necessary to check the progress of any fire. 201. He may, either upon his own knowledge, or upon information communicated to him by others, prefer formal charges to the fire and water committee against any mem- ber of the fire department for incompetency, neglect of duty, disobedience of orders, or violation of any of the standing rules and regulations of said department ; and he may also, pending such charges, suspend such delinquent member from duty, and such suspension shall continue in force until the charges can be investigated by the committee on fire and water, and final action be taken thereon by said committee and the city council. 202. Every person above the age of eighteen years, present at any fire in said city, shall be subject to the orders of the fire marshal in extinguishing the fire, and in removing and protecting property ; and in case such person shall neglect or refuse to obey such orders, he shall be liable to a fine of not exceeding five dollars for every such offense : Provided, that no person not a member of the fire department shall be bound to obey the orders of the fire marshal at any fire, unless he shall wear his badge of office, or his official char- acter shall be otherwise known or made known to such person. 203. Said fire marshal shall keep, in a book, to be pro- vided by the city for that purpose, a full and accurate record THE CITY OF SPRINGFIELD. 201 of all transactions in the fire department, and of all property placed in his charge or custody ; and he shall, annually, at the close of each fiscal year, make a written report to the city council, showing the condition of the department under his management, together with a complete list of all fires occur- ring in said city during the preceding year, the date and location of each fire, the name of the owner of the property destroyed, the cause of the fire, loss incurred thereby, amount of insurance, and such other information as he may deem important to the city. 20A. In case of the temporary absence or disability of the fire marshal, the mayor may appoint some competent mem- ber of the fire department or other person, who, during such absence or disability, shall possess the powers and exercise the duties of said marshal. 205. Upon the expiration of his term of office, or his resignation thereof or removal therefrom, the fire marshal shall, on demand, deliver to his successor in office, all books, records, equipments and property of every description, in his possession, belonging to the city, or appertaining to his said office. Article III. THE firemen and FIRE COMMITTEE. 206. The engineers, firemen, drivers, tillerman, hosemen and extra hosemen, or other employes of the fire depart- ment, shall be appointed by the mayor, from time to time, by and with the consent of the ^ity council, upon the recom- mendation of the committee on fire and water; and they shall hold their respective positions during the pleasure of the mayor and city council: Provided, that if the mayor shall decline to appoint any person so recommended by the committee on fire and water, they shall recommend some other suitable person in his place. 207. Each member of the fire department, when on duty, shall wear an appropriate badge, to be furnished him by the city; and if he shall destroy or lose it, he shall be at the expense of replacing the same. Whenever any member of the said department shall cease to be connected therewith, he shall immediately deliver his badge and any other effects in his possession belonging to the city, into the hands of the fire marshal. 208. The several members of the fire department shall be on duty at all such hours of the day or night as shall 202 GENERAL ORDINANCES OF be prescribed by the rules and regulations of said depart- ment, except when otherwise ordered by the fire marshal. In addition to their general duties, it shall be the special duty of the engineers, firemen, hosemen and drivers, to keep their engines, horses and fire apparatus from injury as much as possible, to expose them to no unnecessary hazards, and to work the same with skill and judgment. 209. No fire engine, hose cart, or hook and ladder truck, shall be driven to a fire or alarm of fire in a manner cal- culated to endanger the safety of persons or property in the streets or avenues of the city; nor shall any such engine, cart or carriage be drawn faster than a slow trot on its re- turn from any fire or alarm of fire, under a penalty, in either case, of not less than three dollars nor more than fifty dol- lars, to be paid by the person or persons committing the offense. 210. No fire engine, hose cart or hook and ladder truck shall be run or driven upon, across or along any sidewalk within the city, except in case of strict necessity ; and any member of the fire department, or other person, violating this sec- tion, shall be subject to a penalty of not exceeding five dol- lars for every such offense. 211 . No person shall, without obtaining the consent of the city council, or of the fire' and water committee, use any hose or other fire apparatus belonging to the city, for any private purposes whatever, under a penalty of not less than three dollars nor more than twenty-five dollars for each offense. 212. No person shall be permitted to remove or take away any property in the possession of the fire department, saved from any fire, until proof of the ownership thereof shall have been made to the satisfaction of the fire marshal. 213. The mayor, any alderman, or the fire marshal, may, and the superintendent of police and all policemen shall, during the progress of any fire, arrest any person found stealing or trespassing upon any property, or willfully in- juring or breaking any engine or other fire apparatus; or any person resisting or obstructing any member of the fire department in the discharge of his duty, or otherwise con- ducting himself in a riotous or disorderly manner ; and shall, if necessary, detain the offender in custody over night or Sunday, until he can be brought before the proper magis- trate or tribunal, and dealt with according to law. 214. Any person who shall willfully resist, obstruct or hinder any member of the fire department in the perform- THE CITY OF SPRINGFIELD. 203 ance of his duty at a tire, or shall willfully or maliciously injure, break or deface any engine, hose, horse, carriage or fire apparatus belonging to the city, shall, on conviction, in either case, be fined not less than five dollars nor more than one hundred dollars. 215. The committee on fire and water shall have and exer- cise a general supervision over the fire department and prop- erty, and shall, in concurrence with the fire marshal, make and establish rules and regulations for the government thereof, not inconsistent with the provisions of this ordinance ; and it shall be the duty of said committee to see that the organi- zation of said department is efficiently preserved, its records properly kept, and its rules and regulations duly observed by the members thereof. 216. Said committee may remove any member of the fire department, except the fire marshal, for any cause that they may deem sufficient, but shall report such removal to the city council. 204 GENERAL ORDINANCES OF CHAPTER VIII. THE HEALTH DEPARTMENT. Article I. The Board of Health. II. Special Provisions Eelating to Health. III. The Health Inspector. Article I. THE BOARD OF HEALTH. Sec. 217. There is hereby established a department of the municipal government of the city of Springfield, which shall be known as the ‘‘Health Department,” and shall embrace the mayor, city clerk, superintendent of police, and one suitable person, as nearly as may be, from each ward of the city. 218. It shall be the duty of the mayor to appoint, by and with the advice and consent of the city council, on the first Mondliy in May, 1884, or as soon thereafter as may be, and annually thereafter, seven suitable and competent persons, one from each ward if practicable, who shall con- stitute and be known as the Board of Health of said city, and shall hold their respective positions for the term of one year, and until their successors shall be appointed and qualified. 219. The members of said board shall, before entering upon their official duties, severally take the oath prescribed by law for city officers, and shall each give bond to the corporation in the penal sum of one hundred dollars, with sureties to be approved by the city council, conditioned for the faithful performance of the duties of their office. 220. The mayor shall be president of the board of health, and in case of his temporary absence or inability to serve, the board may choose one of their number to preside at any meeting thereof. The city clerk shall be clerk of said board, and shall keep minutes of their proceedings in a suitable book to be provided by the city for that purpose. 221. The board of health shall hold monthly meetings in the city council chamber, at such time as they may by vote determine. Special meetings may be called by the mayor or any two members of the board; and the superin- THE CITY OF SPRINGFIELD. 205 tendent of police shall, when required, give notice of such meetings to each member of the board. A majority of the members of the board shall constitute a quorum for the transaction of business. They may make and determine the rules of their own proceedings, and such other rules and regulations as may be necessary for the execution of their powers and duties. 222. Said board shall exercise a general supervision over the public health of the city, and shall make diligent exam- ination into all matters affecting the same. They shall cause all nuisances to be abated or removed, which they may deem prejudicial or obnoxious to the public health or comfort, and may make such sanitary regulations^ as they may think necessary or expedient to prevent the introduc- tion or spreading of any contagious, malignant, infectious or pestilential disease. 223. The orders of the board of health shall be duly certified by the city clerk, and the mayor shall cause the same to be executed by the police superintendent, or any police officer, or by the health inspector. 224. All orders and sanitary regulations of the board of health shall be obeyed by all persons in the city; and any member of said board may order the abatement of any nuisance, contrary to any city ordinance, which may be prejudicial to the public health. Whoever shall neglect or refuse to obey any order of the board, or of any member thereof, as herein required, shall, for every such offense, be subject to a penalty of not less than three dollars nor more than twenty-five dollars. 225. The board of health may, when the sanitary con- dition or preservation of the public health of the city shall render it necessary, establish such temporary hospitals, and provide such necessaries therefor, as the public exigency may require ; and said board shall be authorized to employ such nurses and assistants for such hospital or hospitals as may be deemed necessary, and shall see that all persons so employed by them faithfully perform their several duties. 226. The board of health may cause any person, within the city, having any contagious, infectious or pestilential disease, to be removed to some safe and proper place with- out the corporate limits, where danger from contagion will be avoided, and shall provide suitable medical and other attendance for such person, at his own expense if able to pay the same, and if not, at the expense of the city: Pro- vided, that if any such person, being a resident of the city, shall refuse to be removed, or if his condition be such that, 206 GENERAL ORDINANCES OF in the opinion of his attending physician, removal would be attended with danger to his life, then such measures shall be taken by the board as may be deemed most advisable to prevent the spreading of the pestilence. 227. Said board shall cause any wearing apparel or bedding, which they may deem infectious or likely to en- danger the public health and safety, to be removed beyond the city limits and destroyed. 228. All bills or accounts for expenses incurred by the board of health shall be presented to the mayor or presiding officer of the board for his approval, and, if found correct, he shal) certify the same to the city council for allowance. The city clerk, as clerk of said board, shall keep a record of all dis- bursements made on account of the health department. Article II. SPECIAL PROVISIONS RELATING TO HEALTH. 229. Every practicing physician in the city of Spring- field, who shall have any patient therein laboring under any contagious, infectious or pestilential disease, shall forthwith make report thereof, in writing, to the city clerk or presi- dent of the board of health, stating the name and describ- ing the locality of such patient, so that he may be easily found ; and for any neglect or failure to so report, such physician shall incur a penalty of not less than ten dollars nor more than fifty dollars. 230. If any person in the city shall have the small-pox, or other like malignant and infectious disease, the board of health may, upon information thereof, cause notices with the words “Small-Pox Here,” in large letters, to be posted in some conspicuous place on the house or premises occu- pied by such person, and it shall be the duty of the oc- cupant or occupants of such house to keep such notices so posted as long as directed by said board, under a penalty of not less than five dollars nor more than fifty dollars. 231. Any person having or having had the small-pox, or other like malignant and infectious disease, who shall go about in any street or public place, while in danger of giv- ing the disease to others, shall be subject to a penalty of not exceeding twenty-five dollars ; Provided, that this sec- tion shall not apply to cases where such person shall have consulted and obtained from some respectable physician a written certificate stating that there is no danger of his communicating the disease to others. THE CITY OF SPRINGFIELD. 207 232 . Any physician, nurse or servant, attending or being about any person having the small-pox, or like infectious or contagious disease, who shall not change or purify his wear- ing apparel before going upon any street or into any public place, or shall otherwise so conduct himself as to endanger the spreading of the disease, shall, for each and every such offense be liable, to a fine of not less than five dollars nor more than fifty dollars, 233 . Whoever shall bring into said city any person hav- ing the small-pox, or other like infectious or contagious dis- ease, or any clothing, bedding, or other article or thing infected with small-pox, or other infectious or contagious disease, shall, upon conviction, be fined not less than ten dollars nor more than one hundred dollars. 234 . Any person who shall sell, expose or offer for sale, within the city, any sick or diseased animal, poultry or fish ; or the flesh of any diseased animal, fowl or fish ; or any tainted or spoiled meat, or unsound and unwholesome pro- visions whatever, to be used or eaten for human food, shall, upon conviction, be fined not less than ten dollars, nor more than two hundred dollars in each case; and the superin- tendent of police, or any police or health officer, may seize, take and destroy any such meat, food or drink, so exposed or offered for sale. 235 . Any person who shall, within the city, sell, expose or offer for sale, any milk adulterated with water, chalk, or other substance, or milk from diseased cows ; or any adul- terated and unwholesome bread, butter, lard, cheese, or other provisions, or any decayed 'and unwholesome vegetables, for human food, shall, upon conviction, be fined not less than ten dollars nor more than two hundred dollars for each and every such offense. It shall be the duty of all police offi- cers, and of the health inspector, to strictly enforce the provisions of this and the preceding section ; and for that purpose they shall have power and authority to enter all places where any of said mentioiied articles of food or drink may be sold or offered for sale, and to take samples thereof, and cause the same to be analyzed or otherwise satisfactorily tested. 236 . Any druggist, pharmacist or other person who shall, in saM city, by himself, clerk or servant, sell or deliver any arsenic, strychnine, corrosive sublimate, prussic acid, or other substance or liquid commonly recognized as a deadly poison, without having the name of the drug, and the word “poison,” plainly written or printed upon a label attached to the bottle, box, or package containing the same; or who shall deliver any of said poisons to any person under the 208 GENERAL ORDINANCES OP age of fifteen years, or to any person without satisfying himself that such poison is to be used for a legitimate pur- pose, shall, in each and every case, be subject to a penalty of not less than five dollars nor more than twenty-five dol- lars : Provided, that nothing in this section contained shall apply to the sale or delivery of any of said poisons as a medicine, upon the prescription of any reputable physician. Article III. THE health inspector. 237 . The mayor is hereby authorized to appoint, by and with the consent of the city council, some suitable person as health inspector in and for said city, who shall hold his office for the term of not exceeding one year, or during the pleasure of the mayor or city council. 238 . ^ The health inspector shall, before he enters upon the duties of his office, give bond to the city in like manner and amount as a police patrolman, and he shall receive for his services the same salary oi? compensation as is or may be allowed, by ordinance, to police patrolmen. 239 . It shall be the duty of the health inspector to carry into effect all ordinances and orders of the city council, and all orders of the board of health, in relation to the sanitary condition of the city. He shall, upon view, or when com- plaint may be made to him, make a thorough examination of any and all premises, and cause all nuisances to be re- moved or abated with reasonable promptness. 240 . Said inspector shall be authorized and allowed, at all times of the day, to enter into any grocery store, meat shop, hotel, boarding house, saloon, factory, stable, or other building within the city, and to examine the cellars, vaults, sinks, sewers or drains belonging thereto ; also to enter all lots or premises, and to cause all stagnant pools of water to be drained off, and all ash heaps or dirt piles to be re- moved ; and he shall cause all privies, vaults, pig-sties, sinks and drains to be cleansed and kept in an inoffensive condi- tion, and all dead animals and other unwholesome things to be buried or removed beyond the city limits. 241 . Whoever shall resist or obstruct the health in- spector in the discharge of his duties, or shall neglect or refuse to remove or abate any nuisance from premises owned or occupied by him, after being notified to do so by said inspector, shall, in either case, be subject to a fine of not less than three dollars nor exceeding twenty-five dollars. THE CITY OF SPRINGFIELD. 209 242. The health inspector shall attend all meetings of the board of health, and give them such information as he may possess in regard to the sanitary condition of the city. In all cases when he may be in doubt concerning the exer- cise of his powers and duties, he shall consult the mayor or city attorney, and be governed by their instructions. 243. It shall be the duty of the several members of the police force to aid and assist the health inspector, from time to time, in enforcing the provisions of this article. 244. In case of there being no health inspector appointed, or of his being retired from active service and pay, the duties herein required of him shall be performed by any police patrolman of the city, whom the mayor may desig- nate for that purpose. —14 210 GENERAL ORDINANCES OF CHAPTER IX. CITY SCALES— WEIGHTS AND MEASUKES. Article I. The City Weigher. II. Inspector of Weights and Measures. Article I. THE CITY WEIGHER. Sec. 245. The mayor shall appoint, hy and with the advice and consent of the city council, on the first Monday in May, 1884, or as soon thereafter as may be, and annually thereafter, one city weigher in and for the city of Spring- field, who shall hold his office for the term of one year, and until his successor shall be appointed and qualified : Provided, that the mayor may appoint, from time to time, with the consent of the city council, such additional number of city weighers as he may think proper and necessary, and may remove them at his pleasure. 246. The city weigher, before entering upon the duties of his office, shall take the oath prescribed by law for city officers, and shall execute a bond to the corporation in the penal sum of one thousand dollars, with such sureties as shall be approved by the city council, conditioned for the faithful performance of the duties of the office, and the pay- ment of ail moneys received by him, according to law and the ordinances of said city. 247. Said weigher shall attend at the city scales at all reasonable hours of the day (Sundays and legal holidays ex- cepted), for the purpose of weighing any load of grain, hay, stone coal, or other article of merchandise, which may be brought to be weighed. He shall keep an appropriate book, in which he shall enter the kind and weight of each load or part of load, the name of the person or firm for whom, and the date when, weighed, and shall give a certificate thereof to the person applying for the weighing of such load or part of load, which certificate shall be delivered to the puschaser on sale or delivery of the load. THE CITY OF SPRINGFIELD. 211 248 . When the vehicle and load shall be weighed to- gether, the weigher’s certificate shall state the gross weight thereof ; and upon sale or delivery of the load, the vehicle shall be separately weighed, and the net weight of the load thus ascertained; and the city weigher shall compute and enter upon the certificate the quantity of bushels or tons, or parts thereof, in the load, if the same be sold or delivered by the bushel or ton : Provided, that if the vehicle shall have been before weighed, and the weight thereof ascertained, it shall not be necessary to re-weigh the same, unless re- quired by the purchaser of the load, and no charge shall be made for weighing the vehicle in order to ascertain the net weight of the load. Whoever shall neglect or refuse to have his vehicle re-weighed after sale and delivery of the load thereof, when required by the purchaser, shall be subject to a penalty of five dollars for every such offense. 249 . In weighing hay, a deduction of one hundred pounds shall be made for the pole fastening the load, until it shall be returned and weighed ; and in weighing stone coal -a suit- able deduction shall be made for slate, coal dust and other impurities, and in all cases due allowance shall be made for mud, water, or other substances not belonging to the load. The weight or quantity of all articles shall be computed in accordance with the laws of this State in relation to weights and measures.* 250 . The city weigher shall test the accuracy of his scales monthly, or oftener if he has reason to think them inaccurate. He shall keep them in good order, and cause the same to be repaired when needed ; but no expense shall be incurred therefor exceeding five dollars, without the con- sent of the mayor or comptroller. * Sec. 5. “The hundted weight shall consist of one hundred pounds, and twenty such hundred weights shall constitute a ton. See. 6. "Contracts hereafter to be executed, made within this State, for work to be done, or for anything to be sold or delivered, done or agreed for, by weight or measure, shall be taken and construed to be made according to the standard weight and measure thus ascertained. Sec. 7. "Whenever any of the following articles shall be contracted for, or sold or delivered, and no special contract or agreement shall be made to the contrary, the weight per bushel shall be as follows, to-wit : AETICLE. POUNDS. AETICLE. POUNDS Stone coal 80 Unslacked lime 80 Corn in ear 70 Wheat 60 Irish potatoes 60 White beans 60 Clover seed 60 Onions 57 Shelled corn .56 Rye 56 Flax seed 56 Sweet potatoes 55 Turnips 55 Fine salt 55 LSee chap. 147, Rev. Buckwheat 52 Coarse salt 50 Barley 48 Corn meal 48 Castor beans 46 Timothy seed 45 Hemp seed 44 Malt 38 Dried peaches ,,.33 Oats 32 Dried apples 24 Beans 20 Blue grass seed 14 Hair (plastering) 8 :. 111. (Hurd), 1883.1 212 GENERAL ORDINANCES OF 251. The city comptroller shall procure the necessary book or books and printed blank certificates for the use of the weigher, and shall number the certificates and deliver them to him, taking his receipt therefor, and charging him at the rate of not exceeding ten cents for each blank certi- ficate, and crediting him from time to time with the treasurer’s receipts filed by him, and other proper credits. 252. It shall be the duty of the city weigher, on the first Monday in each month, to report to the city council, in writing, the number of certificates issued by him, and the amount of money received for weighing during the preceding month, and he shall at the same time pay such amount into the city treasury. 253. In case of the temporary absence or disability of the city weigher, he may, at his own expense, appoint a deputy, who, during such absence or disability, shall perform the duties of city weigher; but the said weigher and his sureties shall be responsible for the acts of such deputy. 254. Any city weigher, who shall neglect or refuse to weigh any load of grain, hay, stone coal, or other article of merchandise presented to be weighed, upon request and tender of the lawful fees; or who shall knowingly give any false or fraudulent certificate of weight to any person, shall, upon conviction, be fined not less than ten dollars nor more than one hundred dollars in each case, and shall also be subject to removal from office. 255. No person shall be appointed to, or be competent . to hold, the office of city weigher, who shall at the time thereof be directly or indirectly engaged in the business of buying, selling or “delivering hay or stone coal. 256. No person shall alter any certificate of any city weigher, or use or attempt to use the same for any other load or parcel than the one for which it was given; nor shall, after the weighing and before the sale and delivery of any load or parcel, lessen or diminish the quantity thereof, under a penalty, in each case, of not less than ten dollars, nor more than one hundred dollars. It shall be the duty of the city weigher to use due diligence in detecting any such fraud or deceit, and to prosecute all persons guilty of the same. Article II. INSPECTOR OF WEIGHTS AND MEASURES. 257. There shall be annually appointed by the mayor, by and with the advice and consent of the city council, at THE CITY OF SPRINGFIELD. 213 the time of appointing other city officers, one inspector of weights and measures in and for the city of Springfield, who shall hold his office for the term of one year, and until his successor shall be appointed and qualified. 258. Said inspector shall, before entering upon the duties of his office, take the oath required by law of city officers, and shall give bond to the corporation in the penal sum of one thousand dollars, with sureties to be approved by the city council, conditioned for the faithful performance of the duties of the office. 259. The city comptroller shall procure, at the expense of the city, correct and approved standards of weights and measures, comprising a full set thereof, of the standard adopted by the Statutes of the State of Illinois ; and he shall cause each of the weights, measures, scales and beams so procured to be tested and sealed by the county or State Sealer, and the same shall be used by said inspector of weights and measures for testing the weights and measures of said city. 260. It shall be the duty of the inspector of weights and measures, once in each year, between the first day of June and the first day of November, to inspect, where situate, and test the accuracy of all weights, measures, balances, scales, beams and other instruments used for weighing or meas- uring any article for sale within said city, and to stamp with a suitable stamp or seal all weights, measures, scales, beams, balances or other instruments found to be correct, and to deliver to the owners thereof certificates of their ac- curacy. The stamp used by him shall be provided by the city, and it shall indicate the date of inspection, and that the weight or measure on which it is placed is correct. 261. It shall also be the duty of said inspector, when- ever complaint is made to him by any person interested, or whenever he shall have reason to believe that any weight, measure, scale, beam, balance or other instrument used for weighing or measuring in said city is incorrect, or whenever thereto requested by the owner or person using any such weight or measure, to inspect and Ust * the same, without regard to the date of any previous inspection : Provided, ^ that said inspector shall not be entitled to charge for any but the regular yearly inspections, except in. cases where - requested to inspect by the owner or user, or when the weight, measure, scale, beam, balance or other instrument inspected is found to be inaccurate, when he may charge the regular fees, as elsewhere in this ordinance prescribed : And provided further, that he shall, on request, inspect all city scales free of charge. 214 GENERAL ORDINANCES OF 262. If the inspector of weights and measures shalh upon examination, find any weight, measure, balance, scale* beam, or other instrument used in weighing or measuring, to be incorrect or untrue, he shall condemn the same, and forthwith notify the owner or user thereof of such condem- nation, and the use of any weight, measure, balance, scale, beam or other instrument so condemned is hereby prohib- ited, until the same shall have been corrected and sealed by said inspector, under a penalty to the offender of not less than ten dollars nor more than fifty dollars for each offense. 263. Said inspector shall keep in a book, to be .provided by the city for that purpose, a regular register of all weights, measures, balances, scales, beams or other instruments used for weighing or measuring, inspected and tested by him, in which he shall set forth the names of the owners of the same, respectively, and whether, on inspection, they were found to conform to the State standard or not ; and he shall, within ten days after the completion of each annual inspec- tion, make out and submit a copy of such register to the city council, which copy shall be filed and preserved in the office of the city comptroller. 264. From and after the first day of November, 1884, no person shall, within said city, use for weighing or measuring articles for sale, any weight, measure, scale, beam, balance or other instrument, unless the same shall have been in- spected, tested and stamped by the city inspector of weights and measures, under a penalty of not less than ten dollars nor more than one hundred dollars for each offense. 265. Said inspector shall, during ordinary business hours, have access to all buildings, rooms or places within the city, where any weights, measures, balances, scales or beams, used for weighing or measuring, are kept ; and any person refusing, upon demand, to exhibit to the inspector, for inspection, any and all weights, measures, scales, beams, balances or other instruments used or owned by him, or who shall in any man- ner hinder, obstruct or delay said inspector in the perform- ance of any of his duties, as prescribed in this article, shall, upon conviction, be fined not less than ten dollars nor more than fifty dollars for each offense. 266. It shall be the duty of said inspector to keep an office within the city, and to designate thereat, by card or^ otherwise, the hour or hours of each day when he may be found in his office. Upon the expiration of his term of office, or his resignation thereof or removal therefrom, he shall forthwith deliver to his successor in office, or to the city comptroller, his book of registry, together with all stand- THE CITY OF SPRINGFIELD. 215 ard beams, weights and measures in his possession, belong- ing to said city. 267. Whoever shall use in weighing or measuring any article for sale, within said city, any weight, measure, scale, beam, balance or other instrument, which does not conform to the standard adopted and prescribed by the Statutes of the State of Illinois ; or whoever shall give a less quantity of any article or thing sold than is contracted or paid for by the purchaser, computing by the standard and mode of weighing or measuring prescribed in the statutes aforesaid, for the article so sold, shall be subject to a fine of not less than ten dollars nor more than one hundred dollars for each offense. 216 GENERAL ORDINANCES OP CHAPTER X. CEMETERIES AND INTERMENTS. Article I. Cemeteries, interments and burial permits. II. Oak Ridge Cemetery. Article L CEMETERIES, INTERMENTS AND BURIAL PERMITS. Sec. 268. No cemetery or burying ground shall hereafter be established within the corporate limits of the city of Springfield, or within one mile thereof ; nor shall any ceme- tery or burying ground heretofore established within said city be extended or enlarged, or used for burial purposes, under a penalty, in each and every case, of not less than one hundred dollars, nor more than two hundred dollars ; and any cemetery so established, extended or enlarged, is hereby declared a nuisance. 269. It shall be unlawful to make any interment or bury the dead body of any person in the cemetery known as “Hutchinson’s Cemetery,” or in the “Old City Graveyard,” or in any other place within said city; and whoever shall violate any provision of this section shall, upon conviction, be fined not less than twenty-five dollars, nor more than two hundred dollars for each offense. 270. Whoever shall hunt, discharge fire-arms, set off or explode fire-works, or otherwise trespass upon any cemetery or burying grounds within the city of Springfield, or within or under the jurisdiction of the city council of said city, shall be subject to a fine of not less than ten dollars, nor more than one hundred dollars for each and every offense. 271. Whoever shall remove or carry away, or shall will- fully, maliciously or negligently break, deface, destroy, or otherwise injure any monument, tombstone, tree, shrub, plant, vase, railing, fence, gate, or any other property, arti- cle or thing belonging to, or placed or erected in, the ceme- tery known as Oak Kidge Cemetery, or belonging to or placed or erected in any cemetery or burying ground within said city, or within the jurisdiction of the city council thereof; THE CITY OF SPRINGFIELD. 217 or whoever shall pluck any flowers therein, or trespass upon or maltreat any grave therein, or violate any of the estab- lished rules and regulations for the government of any such cemetery, shall be subject to a fine of not less than five dollars nor exceeding one hundred dollars for each and every offense ; and shall also be liable, in a separate suit, for the cost and expense of repairing any injury or damage so done or committed. 272. The board of managers of Oak Eidge Cemetery shall have the charge, management and control of Hutchinson’s cemetery, and of the old city graveyard, and it shall be the duty of said board to see that the grounds belonging to the same are properly cared for and protected. 273. The sexton or other person in charge or control of any cemetery, now or hereafter to be established and main- tained, within or under the jurisdiction of the city council of said city, shall, on or before the first Monday in each month, make out and furnish to the city clerk a statement, in writing, showing the number of interments made in such cemetery during the preceding month, with the name, sex and color of each person so interred, the date of the death, the disease or cause of death, and, when practicable, and can be ascertained, the age, occupation, nativity and resi- dence of the deceased; and any sexton or other such per- son neglecting or refusing to comply with the requirements of this section, shall incur a penalty of ten dollars for every such neglect or refusal. 274. No burial or interment of any person shall take place in and from the city of Springfield, nor shall the dead body of any person be removed from said city, without a permit for such burial or removal shall have been first pro- cured from the city clerk, in the manner hereinafter pro- vided. 275. Any person applying for a burial permit shall file with the city clerk of said city a certificate, in writing, signed by the attending physician, or coroner in the case, stating the name, age, sex, nativity, residence, and occupa- tion of the deceased, if known, and the cause or manner of the death; and in case of any death where there has been no attending physician or coroner, the certificate shall be signed by the parent of the deceased; or, if none, by some member of the family not a minor ; or, if none, by the resi- dent householder where the death shall occur; or, if none, by any reputable citizen acquainted with the facts and cir- cumstances of the death. Upon the filing of such certificate, the clerk shall issue a burial certificate to the applicant therefor, but under no other circumstances whatever. 218 GENERAL ORDINANCES OF 276. It shall be the duty of the city clerk to enter in a suitable book, to be kept in his office for that purpose, a record of all permits so issued, specifying the date of issue, and to whom issued, together with all the items of informa- tion contained in the certificates upon which such permits were issued. He shall, on the first Monday in each month, submit to the city council a report, in writing, stating the number of burial permits issued, the number of interments in each cemetery, with the cause of death, and such other facts as may be of public interest or benefit ; and he shall, at the same time, forward to the county clerk of Sangamon county a copy or transcript of all said certificates received by him during the preceding month. 277. Any undertaker, sexton or other person, engaged or concerned in any burial or interment in violation of the provisions of this article ; or who shall forge the name of any physician, coroner or clerk to a certificate of death or a burial permit, and the officers or employes of any trans- portation company, or any other person or persons engaged in the removal of any dead body from said city, contrary , to the provisions hereof, shall, on conviction, be fined not less than ten dollars nor more than one hundred dollars for each offense. Article II. OAK RIDGE CEMETERY. 278. Lots numbered five (5), six (6), seven (7), and the south half of lot four (4), in the sub-division of the east half of the northeast quarter of section twenty-one (21), containing forty acres ; also a tract of twenty-seven acres and fifty-nine hundredths of an acre, in the the northeast quarter of the southeast quarter of section twenty-one (21) ; also a tract of seven acres in the southeast part of the west half of the northeast quarter of said section twenty-one ; also a tract of four acres and eight hundredths of an acre, being a part of the west half of the east half of the southeast quarter of the same section — all lying and being in township sixteen (16) north, range five (5) west of the third principal merid- ian, in the county of Sangamon and State of Illinois, con- taining in all seventy-eight and sixty-seven hundredth acres of land, more or less, shall be and are hereby dedicated and forever set apart for the burial of the dead; and the same, together with such additions as may hereafter, from time to time, be made thereto, shall constitute and be known as the Oak Eidge Cemetery. THE CITY OF SPRINGFIELD. 219 279 . The plat thereof heretofore made, subdividing the cemetery grounds into divisions, blocks, squares and lots, designated and numbered thereon, having been approved by the city council, and recorded in the recorder’s office of San- gamon county, is hereby declared to be the lawful plat of said Oak Eidge Cemetery, and the same shall not be changed except by order of the city council. BOARD OF MANAGERS. 280 . The mayor shall appoint, by and with the advice and consent of the city council, on the first Monday in May, 1884, or as soon thereafter as* may be, and annually there- after, five suitable persons, who shall be lot owners in said cemetery, and residents and legal voters of the city of Springfield, who shall constitute and be known as “The Board of Managers of Oak Ridge Cemetery.” They shall severally hold their offices for the term of one year, and until their successors shall be appointed and qualified. 281 . The members comprising said board, before enter- ing upon their official duties, shall severally take the oath prescribed by law for city officers, and shall each execute a bond to the city of Springfield in the penal sum of five hun- dred dollars, with sureties to be approved by the city coun- cil, conditioned for the faithful performance of the duties of the office. 282 . A majority of the board of managers shall consti- tute a quorum for the transaction of business ; and they shall hold general or special meetings, at the council cham- ber, as often as once a month, and at such other times as they may, by order, direct. They may make and establish such by-laws, rules and regulations as may be necessary for their own government, and the full and complete execution of their powers and duties. Said board may appoint one of their number president, and another secretary, of the board, and such secretary shall keep a faithful record of their proceedings in a suitable book to be provided by the city for that purpose, and he shall carefully file and preserve all papers, vouchers and records pertaining to the transac- tions of the board. 283 . The board of managers shall have the control, charge and superintendence of said cemetery and its appur- tenances, and shall supervise and direct the ornamenting, adorning, embellishing, laying out and improving the grounds thereof, and the avenues, walks and squares therein, and may cause to be erected or provided all such buildings, vaults or other fixtures as may be necessary and proper for the convenient use of the cemetery; and for that purpose 220 GENERAL ORDINANCES OF may employ such laborers or workmen, and purchase or contract for such materials, as they may deem necessary. But no member of the board shall be a contractor for, or interested in, any contract for work upon said cemetery, or in the furnishing of labor or materials therefor. 284 . Said board of managers shall appraise the squares and lots remaining unsold in said cemetery, and shall, from time to time, when deemed necessary or expedient, re-ap- praise such as may remain unsold; but no square shall be appraised by them at less than fifty dollars, or half square at less than twenty-five dollars. They shall cause a list of the squares and lots appraised by them, with the amount at which each square or lot is appraised set opposite thereto, to be filed in the office of the city clerk, and no square, half square or lot shall be sold for less than the appraisal affixed thereon by said board. When two or more persons shall apply at the same time for the same square, half square or lot, it shall be put up by the city clerk, and sold to the highest responsible bidder. 285 . All receipts on account of said cemetery, whether arising from the sale of squares of lots therein, from dona- tions, from appropriations from the city treasury, or other- wise, shall be exclusively expended and applied, under the direction and control of the board of managers, to the pre- serving, protecting, extending, laying out, improving and ornamenting the grounds of the cemetery: Provided, that the board shall not expend the moneys belonging to the cemetery fund in advance of the receipts thereof, nor incur any debts on account of said cemetery without the prior consent of the city council. 286 . The city clerk shall keep an accurate plat of the cemetery grounds, and also a record in numerical order of the blocks or squares in each division, with separate columns ruled therein for the entry of the amount of appraisal, the name of the purchaser, the amount sold for, and the date of sale; and an additional column shall be ruled for the entry of any re-appraisal which may be made. When any block or square, or part thereof shall be sold, the clerk shall make an entry of the name of the purchaser, the amount sold for, and the date of sale opposite the number of the block or square on the record, and shall also designate the square or part of square or lot sold by coloring the same on the plat. • 287 . All applications for the purchase of cemetery squares, lots, or graves, shall be made to the board of managers, or the sexton at the cemetery. Upon the purchase of any THE CITY OF SPBINGFIELD. 221 square, lot or grave, the person purchasing shall report to the city clerk, who shall give him an order on the city treasurer to receive the amount for which such square or part of square, lot or grave may be sold, being not less than the appraised value thereof, and upon payment being made, and the filing of the treasurer’s receipt therefor with the clerk, he shall make the proper entry of the sale on the record, and deliver to the purchaser a deed for the ground so sold, signed by the mayor, and countersigned by the clerk under the corporate seal. 288. The city clerk and treasurer shall each keep a cemetery account, in which all moneys received or paid out on account of said cemetery shall be charged or credited; and they shall severally report, at the regular monthly meetings of the city council, a statement in brief of their receipts and expenditures. 289. The cemetery deed shall be in the following form, as nearly as may be : CAK BIDGE CEMETERY DEED. The City of Springfield, in consideration of dollars, paid by , in conformity with the provisions of the ordinances of the city. establishing Oak Ridge Cemetery, hereby sells and conveys unto the said the of square (or lot) numbered , in division numbered in Oak Ridge Cemetery, as platted and recorded in the office of the recorder of deeds of Sangamon county, Illinois, and in the office of the city cl©rlc of SQjid city# * To have and to hold the same, with its appurtenances, unto the said heirs and assigns forever, for a place of burial, and for no other use or purpose whatever. Conditioned, nevertheless, that no transfer or assignment of any square or lot, or any interest therein, shall be valid until approved by tne board of managers of Oak Ridge Cemetery, and subject also to such general rules and regulations as the city council of said city, and the board of managers of said cemetery, may from time to time establish; and the city of Springfield hereby covenants with the said heirs and assigns, that Oak Ridge Cemetery, as platted and recorded aforesaid, shall be forever kept and preserved as a place of burial for the dead of said city. In testimony w^reof, I mayor of said city of Spring- field, have hereunto set my hand and caused the corporate seal of said city to be affixed, this day of A.D. 18.., Countersigned, Mayor. [seal! City Clerk. 290. The board of managers shall set apart a portion of the cemetery grounds for the burial of the poor, another portion for the burial of strangers or persons not belonging to the city, another portion for the burial of the inhabitants of the city not having private lots, and another portion for the burial of colored persons. Said board may regulate and prescribe the manner of inclosing, improving and adorning tlae private squares or lots in said cemetery, and the erec- tion thereon of monuments, tombstones or other fixtures, and shall prevent and prohibit any division, improvement, adornment, or other use of any lot or other part of the cemetery, or the erection or placing of any monument, 222 OENERAL ORDINANCES OF tombstone or other fixture therein, which they may deem unsightly or improper; and they may direct and cause the removal of all such unsightly and improper improvements, adornments, inclosures, monuments, tombstones and other fixtures. And no avenue, walk or alley in said cemetery shall be obstructed or closed up, except that the owner of any square therein may inclose the alley of such square. THE SEXTON. 291. The said board may appoint, annually, with the approval of the mayor, a sexton for Oak Eidge Cemetery, who shall hold his office for the term of one year, and until his successor shall be appointed and qualified. The sexton shall, before assuming the duties of his office, take the oath prescribed by law for city officers, and shall give bond to the city of Springfield in the penal sum of one thousand dollars, with sureties to be approved by the city council, conditioned for the faithful performance of the duties of the office. He shall receive for his services such salary or com- pensation as may be fixed and paid by the board. 292. The sexton shall have charge of said cemetery, and shall keep and preserve the grounds, buildings and fences in good order and repair, and the monuments, tomb- stones, shrubbery, and every other thing erected or placed in the cemetery for ornament or otherwise, free from injury or defacement, and the walks and avenues in good condition and free from obstructions. He shall enforce the ordinances of the city in relation to the cemetery, and the rules and regulations established by the board of managers for the government of the same, and shall report all viola- tions thereof to the board, the mayor, or any police officer, for prosecution, or prosecute the offender before any justice of the peace or other competent court. He shall have power to arrest and may arrest, without warrant, all persons found hunting, discharging fire-arms, or otherwise trespassing upon the cemetery grounds, and take them before the proper magis- trate or court, for trial. He shall be subject to the orders and directions of the board of managers in making improve- ments in said cemetery, and shall, when required by them, supervise the workmen or laborers employed therein, and the improvements ordered by the board. 293. Said sexton shall procure from the city clerk and keep a plat of the cemetery, and also a numerical list of all the blocks or squares, with the lots numbered thereon; and the name of the owner shall be marked opposite to each block or square, or part thereof sold. The sexton shall each month, upon making his monthly return, as hereinafter required, obtain from the city clerk a list of the squares or THE CITY OF SPRINGFIELD. 223 parts of squares or lots sold since his last return, and shall enter the name of the purchaser or owner opposite to the proper number of the square or part of square on his own list. 294. Any person desiring to make any interment in said cemetery, shall apply to the city clerk therefor, and upon presenting the usual certificate of death, signed by the attend- ing physician, or other proper person, as provided by ordi- nance, and upon payment of the charges required, the clerk shall deliver to the applicant a burial permit, or certificate to the sexton, stating to whom issued, the name of the deceased, and the number of the square or lot in which he or she is to be interred, and if the deceased be a pauper or a stranger, without means, and no person be chargeable with or liable for his interment, the certificate shall state the fact; and the clerk shall make entry in a suitable book of the name of the deceased, the date of death, the lot in which he or she was interred, the disease, cause or manner of death, the sex and color, and, whenever practicable and can be ascertained, the age, occupation, birthplace and resi- dence of the deceased. 295. The sexton, upon receiving the clerk’s certificate and making any interment, shall enter the name of the deceased, with the date of interment, and the number of the square or lot in which interred, in his record of interments ; and he shall make no interment without the delivery to him of the clerk’s certificate therefor, nor in any other lot than that named therein, under a penalty of five dollars in each case. He shall also, on or before the first Monday in each and every month, return to the city clerk all certificates issued to and received by him during the preceding month, and the same shall be filed and preserved by the clerk in his office ; and the city clerk and sexton shall examine such certificates and compare them with the entries in their books, and see that they correspond therewith. 296. Said sexton shall, unless otherwise directed by the board of managers, reside in the building erected upon the cemetery grounds for the sexton’s residence, and shall be in readiness at all seasonable times, by himself or some com- petent assistant, to perform all the duties required of him. He shall dig or cause to be dug all graves, attend to the interment of all dead bodies therein, and fill up, trim and keep and preserve the graves in good order. Each grave for a full grown body shall be not less than five and one-half feet in depth, and for any other body not less than five feet. 297. If the sexton shall willfully neglect or refuse to perform any duty hereinbefore required of him, or shall 224 GENERAL ORDINANCES OF maltreat the dead body of any person, or any grave, or be guilty of any other improper conduct, be shall, upon con- viction thereof, be fined not less than ten dollars nor more than one hundred dollars in each case, and shall also be subject to removal from office by the board. , 298. Said sexton shall, upon the appointment and quali- fication of his successor in office, deliver to him all property, books, records, maps, and effects of every description, in his possession, belonging to the city, or pertaining to his said office ; and in case of his neglect or refusal to deliver the same, within five days after demand being made therefor, he shall be subject to a penalty of not less than twenty-five dollars nor more than two hundred dollars. 299. All fines and penalties, assessed and collected for violations of any of the provisions of this article or chapter, shall be paid by the officers imposing and collecting the same into the city treasury, and the treasurer shall place the amount thereof to the credit of the Qak Eidge Cemetery fund. THE CITY OF SPRINGFIELD. 225 CHAPTER XL DOMESTIC ANIMALS. Article I. Animals— Impounding and Sale of. II. Dogs. III. Other Provisions Relating to Animals. Article I. ANIMALS — IMPOUNDING AND SALE OF. Sec. 300. It shall be unlawful for any domestic animal of the species of horse, .mule, cattle, sheep, swine, goat or goose, to run or go at large, at any time, within the cor- porate limits of the city of Springfield ; and any person, being the owner, possessor or keeper of any such animal or animals, who shall knowingly suffer or permit the same to run or go at large in said city, in violation of this section, shall be sub- ject to a penalty of one dollar for each and every animal so permitted to run or go at large, together with the fees for impounding, and the expense of sustenance for such animal or animals, when impounded, as hereinafter provided. 301. It is hereby made the duty of the superintendent of police, and of the several members of the police force of said city, to take up any and every animal aforesaid known by him or them to be unlawfully at large contrary to the provisions of this article, and to confine the same in the pound or pounds, within the city, to be provided for that purpose by the superintendent of police, under the direction of the mayor and police committee. 302. Any person inconvenienced or injured, or who may be in danger of being injured, either in his person or prop- erty, by reason of the unlawful running at large in the city of any animal hereinbefore mentioned, may take and drive such animal- to the city pound, and it shall be the duty of the pound-keeper to receive and impound the same. 303. The superintendent of police is hereby authorized to appoint, with the approval of the mayor, a suitable dep- uty, removable at pleasure, whose duty it shall be to keep the city pound, and who may do all such acts and perform all such duties as the superentendent might or could do in —15 226 GENERAL ORDINANCES OF the premises ; but said superintendent shall be held responsible for the acts and doings of such deputy. He may also ap- point, from time to time, at his own cost and responsibility,, such limited number of assistants as he shall deem neces- sary, to aid him in enforcing the provisions of this article. 304. The superintendent of police shall provide suitable and necessary food and drink for all such animals as may be taken up and impounded, during the time they may be so impounded ; and the cost of such sustenance, together with the lawful fees for taking up and impounding, shall be paid to the superintendent or pound-keeper, before any such animal shall be released from the pound. 305. When any animal or animals shall have been im- pounded as aforesaid, and the owner or person entitled to the possession of the same shall fail to appear within twenty- four hours after the impounding, and pay the fees and charges required for their redemption, it shall be the duty of the superintendent of police, or pound-keeper, to make complaint, in writing, before some police magistrate or jus- tice of the peace of the city, giving a general description of the animal or animals impounded, the date of such impound- ing, and the name of the owner thereof, if known to the complainant; and thereupon the magistrate shall issue a warrant against the owner or keeper of such animal or ani- mals, for permitting the same to run at large in violation of the provisions of this article ; and upon the return of the warrant duly executed, or the defendant appearing in court, like proceedings shall be had as in other cases for the re- covery of fines or penalties under the ordinances ; and if the defendant is found guilty, judgment shall be rendered against him for the penalty, impounding fee, cost of sustenance, and costs of suit, and an order shall be entered that such animal or animals be sold to satisfy said judgment and costs, unless the same shall be forthwith paid. 306. When the owner of any animal impounded is un- known, complaint shall be made, in like manner as provided in the last section hereof, against the “unknown owner” of such animal, describing the same ; and thereupon the magis- trate, before whom such complaint is made, shall issue a notice in substance as follows : Pound Notice. Wherpasi, Complaint has this day been made before me, that the unknown owner of the following described animal, to-wit : impounded at on the day of 18 has permitted the same to run at large contrary to the provisions of article of chapter , of the revised ordinances of the city of Springfield. Now, therefore, notice is hereby given that a trial will be had upon the said complaint, at my office, in the city of Springfield, on the day of 18 at the hour of , when and where said unknown owner, or other per- son interested therein, may appear and defend, if he shall see fit to do so. Witness my hand and seal, this day of , A. D. 18 — P. M. or J. P. [SEAL.! THE CITY OF SPRINGFIELD. 227 307. The day named in said notice for trial shall not be less than five nor more than ten days from the issuing of the same ; and it shall be the duty of the superintendent of police, or some other police officer, to forthwith post three copies of said notice, to- wit : one at the pound where the animal is impounded, one at the front door of the county court house, and one at the office of the magistrate issuing the notice, and to make due return thereof, showing the time and manner of said posting. 308. The justice or police magistrate issuing said notice shall enter the case upon his docket, as follows : City of Springfield vs. The Unknown owner of [here describe the animal]. And upon the day set for trial, and the return of the notice executed as prescribed in the last preceding sec- tion hereof, like proceedings shall be had as in the case of personal service or appearance. 309. In all cases of trial for violations of this article, the defendant may have the cause tried by a jury, if he shall so demand before the trial is entered upon. 310. Upon the rendition of any judgment, as provided in the last three preceding sections hereof, the magistrate rendering the same shall issue to superintendent of police an order of sale, which shall be substantially in the follow- ing form, to-wit : The People of the State of Illinois, I „ City of Speingfiele. f To Superintendent of Police. We command you. that of the following described goods and chattels, to-wit: [here describe the animal 1, the property of you make the sum of dollars and cents debt, and dollars and cents costs, wnich the city of Springfield lately recovered before me against the said and hereof make due return in what manner you execute the same. Given under my hand and seal, this day of A. D. 18.... P. M. or J. P. [SEAL.. Which order shall be returned by the superintendent of police within thirty days from its date, to the office of the magistrate issuing the same, with an endorsement thereon showing when and how the same was executed. 311. Upon the receipt of such order, said superintendent shall immediately post, or cause to be posted, three notices in like public places, within the city, as provided in Section 307 of this article, which notices may be in substance as follows : Pound Notice. Taken up and impounded in the city pound of the City of Springfield, at [here state the place of the poundl, the following described animal or animals, [here describe the samel, which said animal or animals, unless redeemed, will be sold at public auction for cash, to the highest bidder, at said pound, at the hour of o’clock M., on the .day of A. D. 18 Supt. of Police. 228 GENERAL ORDINANCES OF 312. The day of sale mentioned in said notice, shall be not less than three nor more than five days after posting the same, exclusive of Sundays, legal holidays and election days ; and if such animal or animals are not redeemed, the superintendent of police shall sell the same in accordance with said notice, and all animals belonging to different own- ers shall be sold separately. 313. Said superintendent may, from want of bidders, or other sufficient cause, adjourn any such sale from day to day, until the same shall be completed. If he shall sell any animal without giving the notice above prescribed, or if he shall purchase any animal at his own sale, he shall, in either case, incur a penalty of not less than ten dollars nor more than one hundred dollars. 314. The superintendent of police shall keep, or cause to be kept a suitable book, in which he shall record a brief description of all animals impounded, with the date of the impounding of each, and the owner’s name, if known, and also a statement of the disposition made of such animal, when and by whom redeemed, or, in case of sale, the date of sale and name of the purchaser, and the amount received therefor; which book shall be open to the inspection of all. persons interested therein. He shall, monthly, on the first day of each month, pay into the city treasury all moneys received by him in excess of the costs, fees and expenses allowed by ordinance for the taking up, impounding, suste- nance and sale of such animals, and the treasurer sliall re- ceipt for the same and keep an account thereof. 315. If the owner of any animal, impounded and sold as aforesaid, shall apply and prove the ownership thereof to the satisfaction of said superintendent, before his paying the money into the city treasury, he shall pay the surplus due from the sale of such animal to such applicant, taking his receipt therefor. And if any surplus proceeds of any such sale shall have beeia paid into the treasury, as provided in the last preceding section, the owner of the animal or ani- mals so sold shall be entitled to receive the same, less all costs and charges which may have accrued to the officers of said city, upon presenting to the city council, or the pro- per committee thereof, satisfactory proof of his ownership, together with the certificate of the superintendent of police of the amount of such surplus. 316. Whoever shall break open any city pound, or shall take or attempt to take therefrom any impounded animal, without the consent of the pound-keeper; or whoever shall resist, obstruct, hinder or delay the superintendent of police, or any of his assistants, while taking or driving to the city THE CITY OF SPRINGFIELD. 229 pound any animal found unlawfully at large, within said city ; or who shall in any manner attempt to prevent the impounding of such animal, shall, upon conviction, be fined not less than five dollars nor more than one hundred dol- lars for each offense. 317. Whoever shall take or drive any animal from any inclosed lot or ground, or from any pen, stable or other building, or from without the limits of said city, to any pound within the city, with the intent that such animal be impounded, shall, upon conviction, be fined not less than five dollars nor more than fifty dollars for each offense. 318. Any police officer who may find any horse or mule, or any team, upon any street or alley in said city after twelve o’clock at night, without .any owner or other person being in charge thereof, shall be authorized to take such animal or team to the city pound, or other safe place, to be there kept and supplied with necessary sustenance, until the owner or person entitled to possession of the same shall appear and prove his ownership, and pay the proper charges thereon. Article II. DOGS. 319. Every owner or keeper of any dog in the city of Springfield shall, within thirty days after the first day of May in each year, apply and pay to the city superintendent of police, the sum* of one dollar for every male dog, and the sum of two dollars for every female dog, owned or possessed by him ; and, thereupon, said superintendent shall enter the name and residence of such owner or keeper in a book to be kept by him for that purpose, and shall deliver to the person so applying a metallic check or tag, upon which shall be stamped the letter “E,” and the year when issued, which check shall be securely attached by the owner to the collar of his dog. 320. All dogs running at large in said city, between the first day of June and the last day of September in each year, without such check or tag, and a muzzle, contrary to the provisions of this article, are hereby declared to be a nuisance, and shall be taken up by the superintendent of police, or any police officer, or any person employed by the superintendent of police, and placed in the pound where live stock are authorized to be impounded, or in a pound to be provided for that purpose by said superintendent, to be known as the “dog pound:” Provided, that the owner of 230 GENERAL ORDINANCES OP any dog may claim the same and have the same released upon procuring a check or tag, as provided in the last pre- ceding section hereof, within three days from the time such dog was placed in pound. All dogs not so released within three days from the time the same were impoun led, shall be removed by the superintendent of police, or some person by him appointed, beyond the city limits and destroyed. 321 . The superintendent of police is hereby authorized to employ one or more competent assistants, as he may deem necessary, to aid him in enforcing the provisions of this article, and he is also authorized to offer a reward of fifty cents for every dog taken, up within the city and brought to him alive^ — to be paid from the fees collected as aforesaid. Whoever shall resist, hinder or molest the said superintendent or his assistants, or any police officer, while engaged in the discharge of any duty herein enjoined upon him or them, shall, on conviction, be fined not less than three dollars nor more than fifty dollars for each offense. 322 . Said superintendent shall report to the city council monthly, in writing, under oath, the number of dogs regis- tered by him, the amount of fees or taxes collected therefor, and the number of dogs removed and destroyed under the provisions hereof, together with the cost of such removal and destruction to the city; and any moneys remaining in his hands over and above the actual expenses incurred, he shall pay into the city treasury. 323 . Whenever danger from hydrophobia shall be deemed to exist within said city, the mayor may, by proclamation or notice published in one or more newspapers of the city, notify and require all persons owning or keeping dogs to confine the same, or securely muzzle them, for such time as may be designated in the proclamation or notice, or until otherwise ordered by the city council. 324 . All dogs found running at large in said city^ con- trary to the provisions of this article, whether owned of kept within or without the city, shall be destroyed by the super- intendent of police, or any person appointed by him for such purpose, or by any policeman ; and the owner or keeper of any such dog, who shall knowingly permit the same to run at large contrary to any of the provisions hereof, shall be subject to a penalty of not less than three dollars nor more than twenty-five dollars. 325 . No officer or other person shall take up or impound any dog which is collared and registered as hereinbefore prescribed ; nor shall remove or take away the collar or check from any dog; nor shall entice or decoy any dog out THE CITY OF SPRINGFIELD. 231 of any house or inclosed lot, nor bring, or cause to be brought or enticed, any dog from without the city limits into the same, for the purpose of impounding such dog, under a penalty in each case of not less than three dollars nor more than one hundred dollars. 326. Any owner or keeper of a fierce or dangerous dog, who shall knowingly permit or allow the same to run at large, whether registered or checked as aforesaid or not, to the danger, annoyance or injury of any person within said city, shall be subject to a penalty of five dollars for the first offense, and to a further penalty of not less than ten dollars nor more than fifty dollars for any subsequent offense; and upon a second conviction, the superintendent of police, or any police officer making the arrest, shall de- stroy such dog. 327. Any owner or keeper of any bitch, who shall know- ingly permit or allow the same to run at large while in heat, whether she be registered and checked as aforesaid or not, shall, upon conviction, be fined not less than five dollars nor more than twenty-five dollars for every such offense. Article III. OTHER PROVISIONS RELATING TO ANIMALS. 328. Whoever shall, within the city of Springfield, inhu- manly, cruelly or unnecessarily beat, abuse, or otherwise maltreat any dumb animal, or shall overload or overdrive any horse or mule, or any team, shall be subject to a penalty of not less than three dollars nor more than fifty dollars for each and every offense. 329. Whoever shall, in said city, inhumanly or unneces- sarily fail to provide any dumb animal, owned or kept by him, with proper and necessary food and drink, shall be subject to a penalty of three dollars, and to a further pen- alty of one dollar for each day, after conviction, that such offense shall be continued. 330. Whoever shall knowingly permit or allow any vicious, unruly or mischievous animal, owned or kept by him, to run or go at large in said city, to the danger or annoyance of any person, or the injury or damage of any property, shall be subject to a fine of not less than five dollars nor exceeding fifty dollars. 331. Any person who may have a dead horse, mule, cow, dog, hog, or other like animal, shall take and bury the same outside of the corporate limits within twenty-four hours after the death of such animal, unless sooner removed by the city scavenger, under a penalty of not less than two dollars nor more than ten dollars in each case. 232 GENERAL ORDINANCES OF CHAPTER XII. ELECTIONS. Akticle I. General Provisions Respecting Elections. IL Contesting Election of Aldermen. HI. Election Precincts for Capital Township. Article I. GENERAL PROVISIONS RESPECTING ELECTIONS. Sec. 332. A general election for municipal officers^ authorized by law or ordinance to be elected, shall be held in the city of Springfield on the first Tuesday of April in each year, at such places in the several wards of said city as may be designated by the city council. 333. The city clerk shall give notice of such election by publishing an advertisement in some newspaper printed and published in said city, or by posting notices thereof at each of the voting places in the city, for at least twenty days prior to such election, in which notice he shall state the time and places of holding such election, and the officers to be elected. 334. Special elections may be ordered at any time, for any of the purposes provided by law, and notice thereof shall be given by the city clerk in the same manner and for the same time, and they shall be held and conducted in like manner, as is required in the case of regular annual elections. 335. ^ The city council shall, annually, at least thirty days before the regular municipal election, appoint three capable and discreet electors in each ward of the city to act as judges of election therein, and two electors in each ward, having similar qualifications with the judges, to act as clerks of election, for the year for which they are respectively appointed, or during the pleasure of the city council. Im- mediately after the appointment of such judges and clerks, the city clerk shall make out and deliver to the superin- tendent of police, notices thereof, under the corporate^seal, directed to each person so appointed, and said superintendent shall, within three days thereafter, deliver such notices to- the several judges and clerks so appointed. THE CITY OF SPRINGFIELD. 283 336 . If any person so appointed or constituted a judge of election shall not be present at the time for opening any election, or shall refuse to act or take the oath to act in such capacity, the judge or judges present may appoint some other qualified elector of the ward to fill the vacancy. If there be no judge of election present at the time fixed for opening the polls, such of the electors of the ward as. may then be present at the place of election, may fill the places of such judges by election from their number; and the judges so chosen shall have the same power and be subject to the same penalties as other judges of elections : Provided, that all the judges shall not, in any case, be appointed or chosen from the same political party. 337 . The judges of election shall appoint clerks, when necessary to fill vacancies, and the judges and clerks shall take the same oath and have the same powers and authority as the judges and clerks of general State elections. If any judge or clerk shall, after entering upon his duties, by sick- ness or other disability, become unable to act, another may be appointed in his place by the judges; and in such case the person substituted shall take and subscribe the oath prescribed by law, and the substitution and time thereof shall be noted on the poll lists. 338 . The city council shall provide a sufficient number of ballot boxes, with secure locks and keys, for the several wards of the city. The city clerk shall provide, at the ex- pense of the city, the proper poll books and other necessary election blanks and stationery for each ward, and shall cause a suitable number thereof, together with the ballot boxes, to be delivered to the judges of election on the day before any election is to be held. 339 . The polls shall be opened at the hour of eight o’clock in the morning, and continued open until seven o’clock in the afternoon of the same day, at which time they shall be closed; but if the judges shall not attend at the hour of eight o’clock in the morning, or if it shall he necessary for the electors present to appoint judges to con- duct the election, the polls may, in that case, be opened at any hour before the time for closing the same shall arrive, as the case may require. 340 . Upon opening the polls, one of the judges or clerks shall make proclamation of the fact, and at least thirty minutes before the closing of the same, proclamation shall be made in like manner, that the polls will be closed in half an hour. 234 GENERAL ORDINANCES OF 341 . The manner of conducting and voting at such elec- tions, the keeping of the poll lists, and the canvassing of the votes by the judges thereof, shall be the same, as nearly as may be, as in the case of the election of county officers under the general election laws of this State. 342 . After the closing of the polls, the ballots shall be counted, and the returns made out and returned, under seal, to the city clerk within two days after the election; and thereupon the city council shall meet and examine and can- vass said returns, and declare the result of the election, and cause a statement thereof to be entered upon the journal of their proceedings. 343 . 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 officer, it shall be determined by lot, in the presence of the city council, in the manner following: There shall be placed in a ballot box, or other suitable box, as many folded ballots as there are persons having an equal number of votes. On one of these ballots shall be written the name of the office for which the candidates were voted for, and the other ballot shall have written upon it some other word. The candidates shall then each draw one ballot, and the candidate drawing the ballot on which is written the name of the office shall be declared elected to the office. If any candidate shall be absent, or shall refuse to draw a ballot, the city council shall appoint one of their number to draw for such candidate. 344 . It shall be the duty of the city clerk, within five days after the result of any election is declared or appoint- ment made by the city council, to notify, in writing, all persons elected or appointed to office of their election or appointment, and if any such person shall fail to qualify within ten days after such notice, the office shall become vacant. 345 . If, at any election, there is a failure to elect any officer required to be elected by or in pursuance of law, or if the person elected should fail to qualify, or should be in- eligible to the office because of any legal disqualification, the city council may forthwith order and call a new election therefor. 346 . The members of the police force of the city shall attend at all elections, for the purpose of preserving order and keeping the peace ; and the judges of election may command any pffiice officer in attendance to arrest any per- son who shall disturb the peace, or be guilty of any riotous or disorderly conduct about the polls. THE CITY OF SPRINGFIELD. 235 Article II. CONTESTING ELECTION OF ALDERMEN. 347 . The election of any alderman may be contested by any elector of the city of Springfield, and the proceedings shall be in the manner hereinafter provided, as nearly as may be. The city council shall be the tribunal before which such contest shall be heard, and its decision thereon shall be final. 348 . When any person shall desire to contest the right of another to hold the office of alderman in said city, he shall, within thirty days after the person whose election is contested is declared elected, file with the city clerk a state- ment in writing, briefly setting forth the points on which he will contest such election, which statement shall be verified by affidavit. 349 . Upon filing such statement, such contestant shall also serve a copy thereof upon the person whose election he intends to contest, and in case such person is absent from the city, or cannot be found, then by leaving a copy of the statement at his usual place of residence. 350 . Whenever said statement shall have been filed and served as aforesaid, it shall be the duty of the city council, upon the request of either party, to meet and fix the time and place for taking the depositions of witnesses ; when either party may proceed to take the testimony of any wit- ness, in the manner and as provided by law for taking depo- sitions to be used in cases in chancery, before any judge, justice of the peace, master in chancery, or notary public, at the time and place so fixed, and continue the same from day to day thereafter, until all the testimony shall have been taken. 351 . In all cases of such contested elections, the proofs shall be taken and filed with the city clerk within sixty days from the day fixed by the city council for taking the same ; but the council may, upon sufficient cause shown, extend the time. No testimony shall be taken, or be produced on the hearing before the city council, except upon the points set forth in the aforesaid statement, required to be filed with the city clerk and served upon the contestee. 352 . When all the evidence shall have been taken as aforesaid, the same shall be forthwith filed in the office of the city clerk, who shall lay the same before the city coun- cil, and the council shall, without delay, refer the same to some appropriate committee, to examine and report thereon. 236 GENERAL ORDINANCES OF Upon such report being made, the city council shall hear the case, and may require all the testimony and proofs taken to be read in open council, and shall, by a majority vote, upon a call of the “yeas” and “nays,” declare as elected the person who shall appear by the evidence to have been elected; and the clerk shall enter such decision and declaration upon the journal of the city council. 353 . In all cases of contested elections, the parties thereto shall be entitled to have the package or packages of ballots, which have been returned to the city clerk pursuant to law, opened in the presence of a committee of the city council and the officer having the custody thereof, and to have said ballots counted ; or the same may be brought into open council, and then and there counted by a com- mittee of three members appointed for that purpose. 354 . It shall be the duty of the city clerk to carefully preserve all ballots returned to him by the judges of any city or town election, for six months thereafter, and at the expiration of that time he shall destroy the same by burn- ing, under the direction of the city council : Provided, that if any contest of election shall be pending at such time, in which such ballots may be required as evidence, the same shall not be destroyed until* such contest is finally deter- mined. Article III. ELECTION PRECINCTS FOR CAPITAL TOWNSHIP. 355 . The election precincts or districts for Capital town- ship shall be the same in all respects as the several wards into which the city of Springfield is now, or may hereafter be, divided by ordinance. 356 . The voting places at the town elections held in said township, and the judges of said elections, shall be the same as those designated and appointed by the city council for general city elections. THE CITY OF SPRINGFIELD. 237 CHAPTER XIII. FEES AND SALAKIES. Aeticle I. Fees and Compensation of City Officers. II. Compensation of Persons Other than City Officers. Article I. FEES AND compensation OF C*TY OFFICERS. Sec. 357. The salaries or pay of all officers of the city of Springfield, except aldermen, shall be fixed by the city council in the annual appropriation bill or ordinance, or by some ordinance prior to the passage of such annual appro- priation bill ; and when such salaries or compensation have been once fixed, the same shall not be changed, so as to take effect during the term for which any such officer was elected or appointed. 358. The salaries of all officers and regular employes of said city, unless otherwise provided, shall be payable by the city treasurer, monthly, on the first day of each month, upon warrants drawn by the city comptroller, signed by the comp- troller, and countersigned by the mayor. But no warrant shall be drawn in favor of any officer for the payment of his salary, who may be in default or arrears with the city. 359. The compensation of the aldermen of said city is hereby fixed at the sum of three dollars to each alderman for each meeting of the city council actually attended by him, and no other compensation than for attendance upon such meetings shall be allowed or paid to any alderman for any service whatsoever. 360. The city collector of special taxes and special assessments shall be allowed to deduct and retain, as com- pensation for his services, one per cent, of all moneys collected by him and paid into the city treasury. 361. The city weigher shall be allowed as compensation for his services one-half of the net proceeds from weighing fees, collected by him and paid into the city treasury. The price or rate for weighing at the city scales shall be fifteen cents per draught or load, to be collected 'by the weigher at the time. 2£8 GENERAL ORDINANCES OF 362. The city prison keeper shall receive for his services such salary as is now or may hereafter be provided by ordinance, and, in addition thereto, he shall be allowed forty cents for each twenty-four hours, or in that proportion, for the food, drink and lodging of each person committed to his custody, which sum shall be collected of and paid by the person to whom the same was supplied : Provided, that if any such person shall fail to pay such costs, and the same can not be collected of him, then the same shall be paid by the city. 363. The fees of the superintendent of police and mem- bers of the police force, for serving or executing process under any law or ordinance of said city, shall be the same as are allowed by the statutes of the State of Illinois to constables for like services ; and it shall be the duty of said superintendent and the several members of the police force to attend to the collection of all fees due them for serving or executing process, where collectable, and the same shall be paid into the city treasury in like time and manner as fines and penalties are required to be paid by ordinance. 364. The superintendent of police of the city shall be authorized to charge and receive, for the following services, fees as follows, to-wit : First — For each license by him collected, to be paid by the person licensed, fifty cents. Second. — For each male dog by him registered and checked, to be paid by the owner thereof, one dollar. Third — For each female dog by him registered and checked, to be paid by the owner thereof, two dollars. Fourth — For each dog or bitch by him removed or caused to be removed without the city limits and destroyed, as provided by ordinance, fifty cents, to be collected of the owner or keeper of such animal, if practicable. 365. For taking up and impounding animals found at large contrary to ordinance, the superintendent of police, or keeper of the city pound, shall be allowed to charge and receive the following fees : First — For each horse, mule or ass, seventy-five cents. Second — For each head of cattle, fifty cents. Third — For each sheep, goat, hog or shoat, twenty-five cents. Fourth — For each suckling pig, five cents. Fifth — For each goose, five cents. Sixth — For discharging each animal from the pound with- out sale, except geese and suckling pigs, twenty cents. THE C.TY OF SPRINGFIELD. 239 368. And for providing suitable food and drink for the animals so impounded, for each twenty-four hours that the same may be kept or impounded, respectively, the fees fol- lowing : First — For each horse, mule or ass, fifty cents. Second — For each head of cattle, forty cents. Third — For each goat, sheep, hog or shoat, fifteen cents. Fourth — For each goose or suckling pig, five cents. 367. For advertising and selling any impounded animal, to satisfy any judgment against the owner or keeper thereof, the superintendent of . police or pound-keeper shall be entitled to receive the same fees as are allowed by the statutes of the State of Illinois to constables for advertising and selling property under execution. 368. The superintendent of police shall keep a full and correct account of all the fees and emoluments of his office, collected or received by him, and shall, on the first day of each month pay into the city treasury all such fees and emoluments, in excess of the amount actually expended by him in enforcing the provisions of this ordinance, or any ordinance of said city, in relation to the taking up, impound- ing and sale of animals. He shall also make out and return to the mayor and city council a semi-annual report thereof, on the first Monday in May and November of each year, which report shall be verified by affidavit, and shall show the manner in which said fees and emoluments accrued. 369. The inspector of weights and measures of the city shall be entitled to charge and receive fees as follows, to be paid by those requiring his services, to-wit : First — For inspecting and stamping platform scales of five thousand pounds or more, including weights, two dollars each. Second — For inspecting and stamping platform scales of less than five thousand pounds, including weights, one dollar each. Third — For inspecting and stamping beams of one thousand pounds capacity, or more, including weights, twenty-five cents each ; those of smaller capacity, fifteen cents each. Fourth — For inspecting and stamping counter scales and balances, including weights, fifteen cents each. Fifth— For inspecting and stamping a full set of dry meas- ures, twenty-five cents; for a less number, each measure, ten cents. Sixth — For inspecting and stamping a full set of liquid, wine or beer measures, twenty-five cents ; for a less number, each measure, five cents. 240 GENERAL ORDINANCES OF Seventh — For inspecting and stamping lineal measures, each yard, five cents: Provided, not exceeding twenty- five cents shall be charged any business house for a single inspection. Eighth— To the above fees may be added in any case necessary drayage of standards, not exceeding fifty cents, together with reasonable charges for correcting erroneous weights and measures, if done at the request of the owner. 370 . The city clerk shall be allowed to charge and receive, for the following services, fees as follows, to-wit: First— For each license required by any ordinance of the city, and issued by him, one dollar. Second — For certifying the consent of the mayor or city council to the transfer of any license, fifty cents. Third — For making copies of ordinances and other matters of record, in his office, when not required for public use, for each one hundred words, ten cents; and for certificates of authentication thereof, under the corporate seal, twenty-five cents. Fourth — For official certificates, with or without the cor- porate seal, when not required for public use, twenty-five cents. Fifth — For administering and attesting each oath, when not on account of the city, fifteen cents. Sixth — For canceling each certificate, ten cents. Seventh — For issuing each permit (not including burial permits), granted by the mayor or city council, and required to be issued by the clerk, fifty cents. Eighth — For services performed as clerk of Capital town- ship, he shall be entitled to charge the same fees allowed by the laws of Illinois to other town clerks for like services. 371 . The city clerk shall keep a full, true and correct, account of all the fees and emoluments of his office, collected or received by him, and shall pay the same into the city treasury on the first day of each and every month; and he shall also make out and return to the mayor and city council a semi-annual report, on the first Monday of May and November in each year, of all the fees and emoluments of his office received during the half year ending at the time of such report. Said report shall .be verified by affidavit, and shall show the manner in which such fees and emolu- ments accrued. THE CITY OF SPRINGFIELD. 241 Article II. COMPENSATION OF PERSONS OTHER THAN CITY OFFICERS. 372. Judges and clerks of elections, in the city of Spring- field and Capital township, shall each be entitled to receive the sum of three dollars for each day they may be actually engaged in registering votes, and in holding and conducting any election. The expense of holding city elections shall be paid out of the city treasury, and of town elections from the town treasury. 373. Witnesses and jurors attending or serving before any police magistrate or justice of the peace, in any suit or action for the recovery of any fine or penalty under the ordinances of said city, shall, in case judgment be obtained against the offender, be entitled to the same fees as are allowed by the statutes of the State of Illinois, in like cases, before justices of the peace : Provided, that no costs shall be taxed against or collected of the city in any such suit, and no city officer shall be entitled to any witness fees in any action for a violation of any city ordinance, where the city is plaintiff. 374. Any officer or other person, entitled under the pro- visions of this chapter to charge and receive any fees or costs, who shall ask, demand or receive any greater sum than he is authorized to charge by the provisions hereof, or who shall knowingly charge a fee for any service when none is allowed him by ordinance, shall be subject to a fine of not less than five dollars nor more than fifty dollars for each and every such offense. —16 242 GENERAL ORDINANCES OF CHAPTER XIV. FIRE LIMITS, BUILDINGS AND FIRE ESCAPES. Article I. The Fire Limits, and Buildings therein. II. Permits for Buildings within Fire Limits. III. Other Provisions— Fire Escapes. Article I. THE FIRE LIMITS, AND BUILDINGS THEREIN. Sec. 375. All that portion of the city of Springfield em- braced within the following boundaries, to-wit : beginning in the center of Madison street, at its intersection with Second street, and running east on the center line of Madison street to Tenth street, thence south on the center line of Tenth street to Jefferson street, thence east on the center line of Jefferson street to Eleventh street, thence south on the center line of Eleventh street to Washington street, thence west on the center line of Washington street to Tenth street, thence south on the center line of Tenth street to Capitol avenue, thence west on the center line of Capitol avenue to Second street, and thence north on the center line of Second street to the place of beginning, together with such other portions of the city as may hereafter, from time to time, be added thereto by ordinance, shall constitute and be known as “the fire limits” of said city. 376 . No building or part of any building shall hereafter be erected within the aforesaid fire limits, except as herein- after provided, unless all the outside walls and party walls thereof shall be built of brick, stone, iron or other fire-proof material, under a penalty to the owner or builder of such building of not less than twenty-five dollars nor more than two hundred dollars for each offense, and a further penalty of twenty-five dollars for every day, after the first conviction, that such offense may be continued. THE CITY OF SPKINGFIELD. 243 377 . All outside, end and party walls of any brick, stone, iron or other fire-proof building, hereafter erected within said fire limits, shall extend above the roof of such building at least ten inches, and the sheeting of the roof shall not extend across the fire wall of any such building. All wooden joists or timbers placed in the outside or party walls of any such Wlding shall be separated from each other at least four inches, by brick or stone well laid in mortar ; and all wooden lintels, door or window frames, placed in the front, rear or side walls thereof, shall recede from the outside of the wall at least four inches, or, when they do not so recede, shall be covered with fire-proof material. 378 . All roofs and gutters hereafter placed upon any brick, stone or other fire-proof building now erected, or which may hereafter be erected, within the fire limits, shall be cov- ered on the outside surface with tin, zinc, iron, slate or other fire-proof material, and all cornices attached to any such building shall be of zinc or galvanized iron, or, if of wood, shall be covered with fire-proof material, and shall be separ- ated from the wooden cornices or other wooden part of any adjoining building, by a brick, stone or iron partition at least four inches thick; and none of the outer timbers or wood work of any such building shall be connected with any of the interior timbers or wood work thereof. Whoever violates or fails to comply with any of the above provisions of this section, or of the next preceding section hereof, shall forfeit and pay a fine of not less than twenty dollars nor more than one hundred dollars, for each and every offense. 379 . No wooden building, or part of any wooden build- ing, shall be erected, constructed, raised or enlarged, within the fire limits of said city; nor shall any wooden building or part thereof be removed from one place to another within said fire limits, nor be brought from without the fire limits into the same : Provided, that sheds, with one or more of the sides open, not exceeding twelve feet in height at the highest part thereof, and privies not exceeding six feet square and ten feet in height, may be constructed of wood ; and, pro- vided, further, that buildings built of wood, and used exclu- sively for private dwelling houses, may be repaired, and the roofs thereof re-covered with shingles or boards, but they shall not be raised or enlarged. Any person violating any of the provisions of this section shall be subject to a fine of not less than twenty dollars nor more than two hundred dollars for each offense, and to a further fine of twenty dollars for every day, after the first conviction, that such person shall continue any such violation. 244 GENERAL ORDINANCES OF 380 . No wooden building, within the fire limits, which may become damaged to the extent of fifty per centum of the value thereof by fire, decay or otherwise, shall be re- paired or rebuilt; nor shall any such building, when the damage thereto is less than fifty per cent, of the value thereof, be so repaired or rebuilt as to be raised hfgher than the highest part left standing after such damage shall have occurred, or so as to be in a better state of repair, or to occupy a greater space than before the injury thereto. The extent of the damage that may be done to any such build- ing, by fire or other casualty, may be determined by three disinterested persons, residents of said city, one of whom shall be selected by the owner or agent of the building, the second by the fire marshal or chairman of the committee on fire and water, and the two so chosen shall select a third. The persons so chosen shall be first duly sworn to fairly and impartially estimate such damage, and their decision thereon shall be final. 381 . Any wooden building or wooden part of any build- ing, which may be erected, raised, enlarged, repaired or re- moved, or which may be in process of erection, raising, enlargement, repair or removal, within said fire limits, con- trary in either case to any of the foregoing provisions of this article, shall be deemed and is hereby declared to be a nuisance ; and the fire marshal, or the chairman of the committee on fire and water shall, upon information of any such violation, immediately notify the owner, agent or builder of such building to abate, remedy or remove the same, or such part thereof as may be deemed necessary. In case of failure on the part of such owner, agent or builder to com- ply with such notice within a reasonable time thereafter, the mayor shall, by an order in writing, require the super- intendent of police to tear down and remove such building, or such part of the same as may be necessary, and the superintendent shall execute said order, and report the cost thereof to the city council for allowance ; and such cost and expense may be collected of the owner, agent or builder of such building, liable therefor, by suit, in the name of the city, before any court of competent jurisdiction. 382 . No lumber yard shall hereafter be opened or estab- lished within the fire limits of said city, under a penalty^ to the person or persons offending of not less than twenty-five dollars nor more than two hundred dollars, and a further penalty of twenty-five dollars for every day, after the first conviction, that the same may be continued. 383 . No carpenter, builder or other person shall keep on hand, within the fire limits, for manufacturing or build- ing purposes, more than twenty thousand feet of lumber at THE CITY OF SPRINGFIELD. 245 one time, under a penalty of not less than ten dollars nor more than one hundred dollars for each and every offense. 384. All persons having or keeping lumber on hand, whether wdthin or without the fire limits in said city, shall keep the same stacked or piled up in compact piles, and shall not permit any shavings, straw or other like combusti- ble materials to be deposited or scattered around or near the same, under a penalty, in each case, of not less than five dollars nor more than fifty dollars. 385. Every owner or occupant of any building or prem- ises, within the fire limits, shall provide and keep, at the rear of such building or premises, a suitable sheet iron box, or other metallic vessel, in which to deposit all ashes, and also one or more boxes or barrels for the reception of offal, garbage and and rubbish that may be accumulated about such premises, so that the same shall not be thrown or de- posited in or upon any improved street or alley adjacent thereto, under a penalty of one dollar for every day that such owner or occupant shall fail to comply with the re- quirements of this section, after notice to do so by the street superintendent or any police officer of said city. 386. It is hereby made the duty of the fire marshal to inspect and examine, from time to time, all buildings or inclosures in process of erection, construction, alteration, re- pair or removal, within the fire limits aforesaid, and to en- force, or cause to be enforced, the provisions of this article in relation thereto. Article II. PERMITS FOR BUILDINGS WITHIN FIRE LIMITS. 387. No person shall hereafter erect any new building, nor add to or alter any building already erected, within the fire limits of said city, without first obtaining a permit therefor, in the manner hereinafter prescribed : Provided, that no permit shall be required for making ordinary re- pairs, either external or internal, which do not increase the size of such building or alter its condition as a fire risk. 388. Any person desiring to erect such new building or addition, or to alter or change such existing building, shall file with the city clerk an application, in writing, addressed to the mayor, stating the dimensions of such proposed build- ing or addition ; or if alteration, the nature and extent thereof, the lot, block and locality where such building is, or is to be, located, the general plan of construction, the 246 GENERAL ORDINANCES OF materials to be used therein, and the purpose for which such building is to be used. If the mayor shall find, upon ex- amination, that the proposed building, addition or alteration conforms to the ordinances in force at the time, he shall indorse his approval upon such application, and the clerk shall thereupon issue a permit to said applicant under the corporate seal, upon his giving bond as hereinafter provided. 389. Before any permit shall be issued as aforesaid, the applicant therefor shall execute and file with the city clerk, a bond to the city of Springfield, in such reasonable sum as may be fixed by the mayor, with at least two good sureties, to be approved by him, conditioned that said ap- plicant will pay any and all damages that may be recovered against the city by any person or persons on account of any injuries to person or property, occasioned by or in any man- ner resulting from the occupancy or disturbance of any street, alley or sidewalk in said city, for the purpose of or in con- nection with the erection of such building, addition or alter- ation, by the person engaged therein, or^by any person or persons in his employ, and also to save and keep the said city free from all such damages and costs as may be in- curred in defending against such claims. 390. Any proprietor, contractor or other person, who shall own, build, or aid in the erection of any building or part of building, or in the alteration of any building, within said fire limits, without having procured a permit therefor and given bond, as provided in the foregoing sections of this article, shall, upon conviction, be fined not less than ten dollars nor more than one hundred dollars for each offense, and bo subject to a further fine of ten dollars for every day he or they shall fail to comply with the require- ments of this article, or shall continue in violation thereof. Article III. OTHER PROVISIONS RELATING TO BUILDINGS — FIRE ESCAPES. 391. The owner of any building within ttib city of Spring- field, which exceeds one story in height and is not covered with fire-proof material, shall cause a suitable scuttle or opening to be constructed in the roof thereof, with convenient stairs leading thereto, or shall keep on the premises a ladder of sufficient length to reach the roof of such building, or provide some other convenient means of access to the same in case of fire, under a penalty of five dollars for each offense, and a further penalty of one dollar for every day, after the first conviction, that he shall fail or refuse to com- ply with the requirements of this section. THE CITY OF SPRINGFIELD. 247 392. All chimneys or flues in and about any building or manufactory shall be built up from the ground, and smoothly plastered on the inside thereof with good mortar or cement, and shall be so constructed as to settle with the rest of the building, and not be liable to crack or separate with the settling thereof. The holes for the insertion of stove-pipes shall be made with an iron, stone or earthenware thimble or casing inserted in the chimney or flue ; and when the chimney or flue shall be used, the holes, unless also in use, shall be securely stopped with a tin, zinc or iron stopper, having a flange of at least one inch on the outside of the flue. Whoever shall erect, build or use any chimney or flue contrary to any requirement of this section, shall, on convic- tion, be fined not less than five dollars nor more than twenty-five dollars for each offense, and be subject to a further fine of two dollars for every day thereafter that he shall fail or refuse to comply with the requirements hereof. 393. All stove-pipes used in any building, in said city, shall be put up securely, and shall lead to and be closely fitted in a brick or stone chimney or flue. If any stove-pipe shall lead otherwise than into such chimney or flue, it shall be separated at least three inches from any wood or other combustible material, by a double circle of tin, zinc or sheet- iron, connected with like metal, with holes through the con- necting metal between the pipe and wood, or shall be other- wise protected from danger by fire. All stoves, set up and used without secure aprons or hearths, shall be placed upon a platform of brick, zinc or other incombustible material, extending out from the stove far enough to prevent the fire from falling upon the floor, and if set within twelve inches of the wood-work of any wall, the wall shall be protected by a tin, zinc, or other incombustible covering. Any person who shall put up or use any stove or stove-pipe, contrary to the provisions of this section, shall be subject to a pen- alty of not less than three dollars nor more than ten dollars for each offense, and to a further penalty of one dollar for every day, after the first conviction, that he shall fail to comply with the requirements hereof. 394. All mechanics, carpenters or other persons, using or occupying shops or buildings within the city, where shav- ings or other like combustible materials are made or accum- ulated, shall clear out and remove such combustible materials from their shops or buildings, and the premises adjacent thereto, as often as may be necessary to prevent the dan- gerous accumulation thereof. The stove used in any such shop or building shall be set in a box or frame, extending at least six inches above the floor, and at least ten inches around and outside of the stove, and filled or lined with 248 GENERAL ORDINANCES OF fire-proof material. The pipe of such stove shall be carefully put up in the manner hereinbefore described ; and all lighted candles or lamps, used in any such shops or buildings, shall be set in suitable stands, and kept at a secure distance from any combustible material. Whoever shall fail to com- ply with, or shall violate any provision of this section, shall, for each offense, be subject to a penalty of not less than three dollars nor more than twenty-five dollars. 395 . The fire marshal is hereby anthorized and required, from time to time, to enter and inspect all buildings within said city, and examine whether they are in safe condition ; and whenever requested by the owner or occupant of any building or premises, he shall carefully inspect the same, or any contiguous building or inclosure, and shall notify and require the owner or occupant thereof, liable therefor, to cause any chimney-flue, furnace, stove, stove-pipe, ash-house, or other place in which fire may be kept or used, which may be deemed unsafe or dangerous in causing or promoting fires, to be without delay removed, abated or put in safe condition ; and upon the neglect or refusal of such owner or occupant to comply with such notice, he shall be subject to a penalty of not less fhan three dollars nor more than fifty dollars, and each day of such neglect or refusal shall con- stitute a separate offense. And said fire marshal shall, without delay, cause such building or premises to be put in safe condition; and the necessary cost and expense thereof shall be collected of such owner or occupant, liable therefor, and recovered by suit in the name of the corporation, before any court having jurisdiction. 396 . All buildings now erected, or which may hereafter be erected, within the city of Springfield, except such as are or may be used exclusively for private residences, of three or more stories in height, shall be furnished with metallic ladders, or metallic fire-escapes, or other similar device, for protection against fires, extending from the first story to the upper stories and roof of such building, and on the outer walls thereof, in such numbers and location, and of such material and construction, as the mayor, fire marshal, chair- man of the committee on fire and water, and chairman of the committee on public grounds and buildings, or a majority of them may, from time to time, elect and determine. 397 . After such election and determination shall have been made as aforesaid, it shall be the duty of the superin- tendent of police of said city, by notice in writing, served personally, or by copy left at their residence or place of busi- ness, to notify and require the owner or owners, agent or essee, of any such building, or any of them, to cause such THE CITY OF SPRINGFIELD. 249 metallic ladder or other fire-escape (to be described in the notice) to be placed upon such building within thirty days from the service of such notice : Provided, that all build- ings of more than two stories in height, used for manufac- turing purposes, shall have one fire-escape for every twenty- five persons, or less number, employed above the second story thereof. 398 . In case such owner, agent or lessee, or any of them liable thereto, shall not, within thirty days after being served with notice as aforesaid, place, or cause to be placed and kept, such metallic ladder or other fire-escape upon such building, as required by the provisions of this article and the terms of said notice, he or they shall be subject to a fine of not less than ten dollars nor more than two hundred dollars, and to a like additional fine for each week, after the first conviction, that he or they shall neglect or refuse to comply with said notice. 250 GENERAL ORDINANCES OF CHAPTER XV. FIRES, FIRE-WORKS AND GUNPOWDER. Akticle I— Fires and Fire-works. / ■ II.— Gunpowder and Other Explosives. Article I. FIRES AND FIRE-WORKS. 399 . Whoever shall, without reasonable cause, by out- cry or otherwise, make or circulate any false alarm of fire within the city of Springfield, shall be subject to a penalty of not less than five dollars nor more than one hundred dollars. 400 . No person shall carry any live coals or fire from one place to another within said city, without securing the same in some close pan or vessel, so as to prevent the coals or sparks flying therefrom, or so as not to endanger any building or property thereby, under a penalty of not exceed- ing five dollars for each offense. 401 . No person shall carry or use any lighted candle, lamp, or burning light of any kind, in any barn or stable within the city limits, where any hay, straw, or other like combustible materials, are kept or stored, unless such light be enclosed in a lantern or other secure casing, so as to prevent the taking fire therefrom, under a penalty of not less than three dollars nor more than twenty-five dollars for each offense. 402 . Whoever shall throw, place or leave any live coals or fire, or make or kindle any fire, upon any wooden paved street or alley, or upon any planked sidewalk or street cross- ing, shall be liable to a fine of not less than three dollars nor more than fifty dollars for each offense, and shall also be liable to the city, in a separate suit, for any damage or injury caused thereby. THE CITY OF SPRINGFIELD. 251 403. Whoever shall, in said city, willfully or negligently make, use, or leave any fire, or shall deposit or leave any ashes, or other combustible or inflammable material, liquid or substance, or shall use or leave any lighted candle, lamp, gas or electric light, at such time or in such manner as to endanger any building or other property, or so as to cause any damage or injury to any building or other property, shall be subject to a penalty of not less than three dollars nor more than one hundred dollars in each case. 404. No person shall make, kindle or use any fire in any shed, or in any building not fire-proof, except in a se- cure fire-place or furnace, built for that purpose ; nor shall make, kindle, or use any outdoor fire, when necessary for outdoor work, within twenty feet of any building or other property likely to be endangered thereby, unless in a secure furnace made for that purpose ; nor shalJ leave any such outdoor fire burning after ceasing to use the same, under a penalty, in each case, of not less than three dollars nor more than fifty dollars. 405. No person shall set fire to, or burn out, any chim- ney or flue, except in the daytime, and when it may be raining, or when the roof of the house may be wet or cov- ered with snow, under a penalty of three dollars for each offense ; and the person or persons occupying any building shall cause all chimneys, flues and stove-pipes used therein to be cleaned, swept or burned out at least once during each year, and as much oftener as may be necessary to prevent the dangerous accumulation of soot, under a penalty of not exceeding three dollars for each offense. 406. No person shall boil any pitch, resin, coal tar, or other inflammable liquid or substance, except in a fire-proof building, or in some open place at least thirty feet distant from any building or other property likely to be endangered or injured thereby, under a penalty of three dollars for each offense. 407. No person, unless it may be raining at the time, or the air be still, shall set fire to or burn any shavings, straw, or other combustible materials, in any open or pub- lic place within the city ; nor shall any person, at any time, set fire to or burn any such combustible materials within thirty feet of any building or other property likely to be en- dangered or damaged thereby, under a penalty, in either case, of not less than three dollars nor more than ten dol- lars. 408. No person shall strew, trail or leave any shavings, straw, or other like combustible materials, in, around or 252 GENERAL ORDINANCES OF near any building or other property, so as to endanger, or be likely to endanger, or damage the same in case of fire, under a penalty of not exceeding three dollars for each offense. 409. No person shall stack or deposit any hay, straw, or other like combustible materials, within eighty feet of any dwelling house, or other building in which fire may be kept, without the same being so covered or enclosed as to be protected from sparks of fire, under a penalty of three dollars, and a further penalty of one dollar for each day the same may remain, after notice by the fire marshal or any police officer. 410. No person shall keep or deposit any ashes in any building, or in any place within ten feet df any building, shed, fence, or other combustible property, unless within a secure and covered metallic, earthenware, or other fire-proof vessel, or in a fire-proof ash-house, under a penalty of not ex- ceeding three dollars ; and all soap-makers, and other persons using ashes for manufacturing purposes, in any wooden ash- house or other wooden structure, shall keep the same well dampened or saturated with water, under a penalty of three dollars. 411. Whoever shall, within the corporate limits of the city, fire or discharge any cannon, gun, pistol or other fire- arm, shall be subject to a penalty of not less than three dollars nor more than twenty-five dollars for each offense : Provided, that the discharge of fire arms by the members of any military company, when on parade, and in accordance with the command of their commanding officer, or by any officer or other person in the performance ol any legal duty or lawful act, when the same may be done without endanger- ing the safety of any person, or the injuring of any property, shall not be deemed violations hereof. 412. Whoever shall set oft, fire or explode any toy- pistol, torpedo, fire-cracker, roman-candle, sky-rocket or other fire-works, or shall make or kindle any bonfire within said city, shall incur a penalty of not less than one dollar nor more than five dollars for each and every such offense : Provided, that the setting off or exploding of fire-works, or the making or kindling of bonfires, on the fourth day of July in any year, shall not be deemed violations of this section. 413. It is hereby made the duty of the several members of the police force to see that the provisions of this article are strictly enforced. THE CITY OF SPRINGFIELD. 253 Article II. GUNPOWDER AND OTHER EIIPLOSITE MATERIALS. 414. No person shall, within the city of Springfield, keep, sell or give away gunpowder, or other like explosive material, in any quantity, without a permit therefor from the city council, signed by the mayor and clerk, and sealed with the corporate seal, under a penalty of twenty-five dollars for each offense : Provided, that any person may keep gun- powder for his own use, in any quantity not exceeding two pounds at one time. 415. No person to whom any permit may be granted to keep or sell gunpowder, or other like explosive substance, shall deposit or keep in store exceeding fifty pounds of gun- powder within the city, unless the same shall be kept in a secure, fire-proof powder-house or magazine, built for that purpose, and located at least three hundred feet from any other occupied building; nor shall such person, at his place of business, or elsewhere in the city, keep on hand at any one time, for sale or delivery, exceeding fifty pounds of gun- powder, which shall be kept in tin or other metallic canis- ters or cases, stored in a part of the building remote from any fire, lamp or gas light, and where it can be easily removed in case of fire. Whoever shall violate any of the provisions of this section shall be subject to a penalty, in each case, of not less than ten dollars nor more than fifty dollars. 416. Each person or firm to whom a permit may be granted, shall keep a sign, with the words “Gunpowder for Sale,” in plain, legible letters thereon, in some conspicuous part of the front of the building occupied by him, under a penalty of not more than three dollars for each week he shall neglect or fail so to do. 417. No person shall sell or deliver any gunpowder, gun- cotton, camphene, or other like explosive substance or com- pound, by any fire, candle, lamp, gas or other light, unless in sealed cans, canisters or cases, under a penalty of three dollars for each offense. 418. No person shall carry or convey any gunpowder or other like explosive substance, in or through any street, avenue, alley or other public place, in a careless or negli- gent manner, or in any quantity exceeding two pounds, except the same be inclosed in secure canisters, cases or kegs ; nor shall remain with the same in any street, alley 254 GENERAL ORDINANCES OF or other public place, longer than may be necessary for the carrying or transportation thereof from one place to another, under a penalty of five dollars in each case. 419. Whoever shall bring or cause to be brought into the city, any gunpowder, or other like explosive powder or substance, concealed in any box, barrel or package, or any package or case containing gunpowder and marked or pur- porting to be other than gunpowder, shall be subject to a penalty of not less than ten dollars nor more than one hundred dollars. 420. Any person keeping gunpowder or other like explo- sive material in any building within the city, shall, in the event of such building taking fire, or being in danger of taking fire from any other building adjacent thereto, imme- diately cause said gundowder or other explosive material to be removed therefrom, or, in case of his not being able to remove the same, he shall forthwith notify the fire marshal or other officer in command at such fire, of the location and 'quantity thereof; and for any neglect or failure to comply with the requirements of this section, such person shall be liable to a tine of not less than ten dollars nor more than one hundred dollars. THE CITY OF SPRINGFIELD. ' 255 CHAPTER XVI. LICENSES. Article I. Provisions Respecting Licenses in General. II. Application for— How issued— Payment— Form of, etc. Article I. PROVISIONS RESPECTING LICENSES IN GENERAL — FEES IN EACH CASE — WHEN PAYABLE — PENALTY. Sec. 421. It shall be unlawful for any person to be en- gaged in or carry on any business, occupation or pursuit, hereinafter mentioned in this article, within the limits of the city of Springfield, without having first obtained a license therefor in the manner hereinafter provided. 422. Every person engaged in any business, occupation or pursuit, required to be licensed under the provisions of this ordinance, shall register with the city clerk his name, residence, occupation or business, and the place where the latter is, or is to be carried on; and in the case of a com- pany or firm, the names of the persons composiug the same shall also be registered. 423. Any number of persons doing business in copart- nership, at any one place, shall be required to pay but one license fee therefor: Provided, that if more than one kind of business or pursuit, hereinafter mentioned, shall be con- ducted or carried on by the same person or firm at the same time, a separate license fee shall be paid for each, according to the rate prescribed. 424. There shall be taxed and collected of and from the persons engaged in or carrying on the different branches of business, occupations or pursuits in this section mentioned, respectively, license fees for each year, at the rates follow- ing, to-wit : First — Auctioneers shall pay a license fee of one hundred dollars. Second — Ball or pin-alley keepers shall pay ten dollars for each alley. 256 GENERAL ORDINANCES OF Third — Billiard, bagatelle, pool, pin-pool, pigeon-hole, and like table keepers or proprietors, shall pay ten dollars for each table : Provided, that for pool and pigeon-hole tables, where no money or other valuable thing is charged or re- ceived for playing thereon, they shall pay five dollars for each table. Fourth — Brokers and money changers shall pay one hun- dred dollars. Fifth — Brokers of real estate shall pay twenty-five dollars. Sixth — Brewers and distillers shall each pay one hundred dollars. Seventh — Local agents for the sale of the goods or produce of foreign brewers or distillers shall each pay one hundred dollars. Eighth — Draymen and owners or drivers of job, express, transfer or transportation wagons, for hire, shall pay five dollars for each vehicle. Nmth — Exhibiters of natural or artificial curiosities, not herein otherwise provided for, shall pay for license at the rate of one dollar per day. Tenth — Hackmen, and owners or drivers of hackney coaches and omnibuses, shall pay five dollars for each vehicle. Eleventh — Hawkers or peddlers (except farmers and gar- deners selling the produce of their farms or gardens) shall pay three dollars for two weeks or less, five dollars for one month, ten dollars for six months, and fifteen dollars for one year. Twelfth — Horse or street railway companies shall pay fifteen dollars for each car operated and run, or proposed to be operated and run, by every such company or corporation, their agents or assigns, for the conveyance of passengers upon any horse or street railroad line within said city during the year. Thirteenth — Insurance agents or brokers, representing cor- porations, companies or associations not incorporated under the laws of Illinois, engaged in the business of effecting fire insurance in this city, shall pay to the city treasurer the sum of two dollars on the one hundred dollars, and at that rate upon the amount of all premiums which, during the half year ending every first day of January and July, shall have been received or agreed to be paid for any insurance effected, or agreed to be effected, in said city, by or with any such corporations, companies or associations : Provided, that the moneys arising from such tax or license rates shall be applied to the maintenance and support of the fire de- partment of said city. THE CITY OF SPBINGFIELD. 257 Fourteenth. — Keepers of public scales shall pay twenty-five dollars. Fifteenth. — Keepers of lumber yards shall pay twenty-five dollars. Sixteenth. — Keepers of livery Jstables' shall pay twenty dol- lars. Seventeenth . — Keepers of ordinaries or eating houses shall pay ten dollars. Eighteenth . — Keepers of fruit, candy and pea-nut stands, on the sidewalks, shall pay fifty dollars. Nineteenth . — Keepers of shooting galleries, or places for target shooting, shall pay thirty-six dollars. Tioentieth.—KQQ^QYQ of second-hand stores shall pay ten dollars. Ttventy -first . — Keepers of junk shops shall pay thirty dol- lars. Twenty-second. — Porters or runners shall pay ten dollars. Twenty-third. — Pawnbrokers shall pay fifty dollars. Twenty-fourth. — Eetailers of liquors, or keepers of dram- shops shall pay the sum of five hundred dollars per annum, or at that rate, for a license to sell liquors in quantities less than one gallon. Twenty-fifth . — Wholesale dealers in liquors shall pay the sum of fifty dollars per annum for a license to sell liquors in quantities not less than one gallon. Twenty -sixth — Vendors of fresh meats, excepting poultry, fish, venison or wild game, shall pay twenty-five dollars for each meat shop. Twenty -seventh . — Vendors or peddlers of milk, from wagons, shall pay five dollars for each vehicle. Tiventy- eighth. — Proprietors or managers of circuses and menageries, or other like shows, shall pay fifty dollars for each exhibition. Sideshows, with any circus or menagerie, shall each pay five dollars for each exhibition. Twenty-nmth . — Proprietors or managers of theatres, operas, minstrels, concerts, dramatic readings, lectures, panoramas, tableaux, and other such shows or amusements, not other- wise provided for, shall pay for license at the rates follow- ing: When the admission price to any of said shows or amuse- ments is twenty-five cents or less, they shall pay two dol- lars for the first exhibition, and one dollar for each exhibi- tion thereafter ; when the admission price is more than twenty-five cents, and not exceeding fifty cents, they shall pay four dollars for the first exhibition, and two dollars for each exhibition thereafter; when the admission price is sev- —17 258 GENERAL ORDINANCES OF enty-five cents, they shall pay six dollars for the first exhi- bition, and three dollars for each exhibition thereafter ; when the admission price is one dollar, they shall pay eight dol- lars for the first exhibition, and five dollars for each exhi- bition thereafter ; when the admission price is one dollar and fifty cents, they shall pay fifteen dollars for the first exhi- bition, and ten dollars for each exhibition thereafter; and when the admission price is over one dollar and fifty cents, they shall pay twenty dollars for each exhibition : Provided, that proprietors or lessees of opera houses or theatres may pay a license fee of one hundred and fifty dol- lars per annum, in lieu of all separate license fees for shows or amusements given in such opera house or theatre during the period of such license : And provided, further, that no license fee shall be taxed or collected for any such show or entertainment given by societies or citizens of said city, or by other persons, exclusively for charitable or benevolent purposes. 425 . All license fees, unless otherwise -provided by ordi* nance, shall become due and payable on the first day of January in each and every, year, or on commencing any business or occupation upon which such license fee is im- posed by ordinance. In the former case, the license fee shall be reckoned for one entire year; and in the latter case it shall be reckoned proportionately from the first day of the month in which the liability to a license commenced, till the first day of January next following. And for all purposes connected with the issue and expiration of any class or kind of licenses required by any ordinance of the city, it is hereby provided that the “municipal year” of the city of Springfield shall begin on the first day of January in each year, begin- ning January 1st, 1884. 426 . Whoever shall engage in, or carry on, any business, occupation or pursuit, required to be licensed under the pro- visions of this article, or by any ordinance of the city, without having obtained such license, shall, where no other penalty is provided, be subject to a fine of not less than five dollars nor more than two hundred dollars, and to a like further fine for each day, after the first conviction, that he shall continue any such business or occupation without being licensed. Article II. APPLICATION FOR LICENSE — HOW ISSUED — PAYMENT — FORM — BOND,. WHEN REQUIRED — TRANSFER, ETC. 427 . Any person desiring a license for any purpose, under the ordinances of said city, shall make a written application THE CITY OF SPRINGFIELD. 259 therefor to the mayor, stating his name, th'e purpose for which the license is desired, for what length of time, and the place where his business or occupation is to be carried on ; and when a bond is required to be filed before being licensed, he shall name his proposed sureties on the bond in his application. If the mayor shall grant the application, he shall so indorse the same, together with the amount of the license fee fixed by ordinance in the case. Upon the filing of the application so indorsed with the city clerk, and the presentation to him of a receipt from the city treasurer, showing payment of the sum so specified and required, and upon tiling the proper bond, approved by the mayor, the city clerk shall issue to the applicant a license for the pur- pose and time therein specified. • 428 . Licenses may be issued, as nearly as may be, in the following form: To all to lohom these presents shall come— Greeting: Know Ye, That having made application in due form [filed bond), paid into the city treasury the sum of dollars, and in all other respects complied with the ordinances of the city in this behalf, therefore, I, mayor of the city of Springfield, for and on behalf of the peo- ple of said city, do hereby authorize, empower and license the said [Here set forth the business or purpose of the license,! at for from Nevertheless, this license is granted upon this express condition, that the said shall observe and obey all ordinances of said city which now are, or may be in force, regulating or relating to his said business, then this license shall be valid for the period aforesaid, otherwise itmay be annulled, revoked or forfeited, at the option of the mayor and city council, or in any other manner provided by ordinance. In testimony whereof, I have hereunto set my hand, and caused the corpo- rate seal of said city to be affixed, at the mayor’s office in said city of Spring- field, this day of A. D. 18 Mayor. Attest: City Clerk. Countersigned and registered: City Comptroller. 429 . Bonds shall be required of applicants for licenses in the cases and to the amounts following, to-wit : Auctioneers shall give bond to the city of Springfield in the penal sum of two thousand dollars ; pawnbrokers in the sum of one thousand dollars ; second-hand and junk dealers in the sum of five hundred dollars each ; scavengers in the sum of five hundred dollars ; draymen, hackmen, omnibus drivers, porters and runners, in the sum of three hundred dollars each ; wholesale liquor dealers, brewers and distillers, in the sum of one thousand dollars each ; retailers of liquors or keepers of dram-shops in the sum of one thousand dollars to the city, and the further sum of three thousand dollars payable to the People of the State of Illinois. 430 . All such bonds shall be signed by at least two good and sufficient sureties, to be approved by the mayor or city council, and be conditioned for the due observance of all ordinances of said city regulating or relating to any 260 GENERAL ORDINANCES OF such business or occupation, which now are or may be in force during the period of any such license. Said bonds shall be filed with the city clerk, and may be sued upon, at any time, in the name of the city, for the use of any person injured or damaged by a breach of the conditions thereof. 431. The mayor shall receive all applications for licenses, and may grant ^ the same in all cases upon the terms and conditions specified by ordinance. But if, in any case, he shall decline to grant an application for license for any purpose, or for the transfer of a license, he shall communi- cate such application to the city council at the next ensuing regular or adjourned meeting thereof, for its action thereon. 432. No license shall be granted for a longer term than one year, and all licenses, unless otherwise provided by ordi- nance, shall expire on the last day of December next follow- ing their issue Every license shall be signed by the mayor, attested by the city clerk under the corporate seal, and countersigned and registered by the city comptroller; and no license shall be valid until signed and countersigned as aforesaid, nor shall any person be deemed to be licensed until the same shall have been issued to him in due form. 433. No license shall be assignable or transferable, nor shall any person be authorized to do business or act under such license but the person to whom it is granted, or at any other place than that specified therein, without the con- sent of the mayor or city council, to be certified thereon by the city clerk; nor shall any license authorize any person to act under it at more than one place at the same time, or at any other time than is therein specified. Whoever shall violate any provision of this section shall be deemed to be acting without license, and shall be subject to the same penalty as is prescribed for persons doing business without license. 434. Any person or persons to whom a license is issued under any ordinance of the city council, may, with the per- mission of the mayor indorsed in writing thereon, and attested by the city clerk, assign and transfer such license to any other person or persons ; and the person or persons to whom such license is issued, or the assignee of such license, may, with like permission of the mayor, surrender such license, and have a new license issued for the unexpired term of the old one, authorizing the person or persons so surrendering such license to carry on the same business or occupation at such place as may be named in the new license : Provided, that in all such cases the assignee, or the party applying for such new license, shall give bond THE CITY OF SPRINGFIELD. 261 with sureties, which shall conform, as nearly as may be, to the bond upon which such assigned or surrendered license was issued. 435. All licenses, when issued, shall be presented to the city comptroller, who shall, without charge, enter in a book, to be kept in his office for that purpose, the name of each person or firm licensed, the number and date of the license, the amount paid therefor, and time of the expiration of the same. 436. All licenses shall be subject to the ordinances which may be in force at the time of the issuing thereof, or which may be subsequently passed by the city council ; and if any person so licensed shall violate any of the provisions of any ordinance regulating or relating to his business, he shall be liable to be proceeded against for any fine or penalty im- posed thereby, and his license may be revoked in the dis- cretion of the mayor, after written notice given ; such revo- cation to be reported to the city council, and be subject to their approval. 437. Every person to whom any license may be issued, under any ordinance of said city, shall forthwith place and keep the same conspicuously posted in his office or place of business; and any person failing or neglecting to so place and keep his license, shall incur a penalty of not less than three dollars nor more than twenty- five dollars. 438. In case of the death of any person licensed under any ordinance of said city, before the time limited in his license shall have expired, his co-partner (if he has any), or his legal representative, may continue to act under such license for the unexpired term thereof, subject, however, to the conditions imposed upon the person to whom the same was originally issued. 439. The city clerk shall keep a license register, in which he shall enter the name of each person licensed, for what business or purpose licensed, the place of his business, date of the license, number of the same, the amount paid for each, and the time of the expiration thereof. He shall, on the first Monday in each month, report to the city council, in writing, the number of licenses issued during the preced- ing month, to whom issued, the amount of the same, and the location of the persons licensed ; and he shall annually, at the close of each fiscal year, make out and submit to the city council a full and complete abstract of all licenses issued during the preceding fiscal year, with the amounts taxed and collected for the same. 262 GENERAL ORDINANCES OF 440 . It shall be the duty of the city clerk, by notice in writing, to notify all persons whose licenses have expired, or who, by any ordinance of the city council, are required to procure a license for their business, trade or occupation, and are acting without license. Such notice shall be given by the clerk immediately upon the expiration of any license, or as soon as the fact that any person is acting without license shall come to his knowledge. The notice shall be served by the superintendent of police, or any police officer of the city, and may be left at the residence or place of business of the person notified. 441 . No license shall be delivered to any person apply- ing therefor until all fees due from him thereon are paid ; and no person shall be considered as licensed, although his license may have issued, until such payment and the actual delivery of the same. 442 . The members of the police force shall enforce all ordinances of said city in relation to licenses ; arid it is hereby made the duty of the superintendent of police to ex- amine, from time to time, the register of the city clerk, and to report and prosecute all persons liable thereto, who may be acting or doing business without license. THE CITY OF SPRINGFIELD. 263 CHAPTER XVIL LIQUOES AND LIQUOK SELLEES. Akticle I. Retailers of Liquor. II. Wholesale Dealers in Liquors. III. Permits to Pharmacists for Sale of Liquors. Article I. RETAILERS OF LIQUORS. Sec. 443 . Any person who shall by himself, his agent, clerk or servant sell, barter, exchange, give away, or in any manner deal in or dispose of any intoxicating, malt, vinous, mixed or fermented liquors, in quantities less than one gal- lon, within the corporate limits of the city of Springfield, without having first obtained a license therefor as hereinafter provided, shall, upon conviction, be fined not less than ten dollars nor more than two hundred dollars for each and every otfense : Provided, that registered pharmacists or drug- gists, selling liquors in quantities less than one gallon, for purposes strictly medicinal, mechanical, chemical and sacra- mental, under permits duly issued by the city, shall not be deemed within the meaning of this section. 444 . Any person desiring a license to sell liquors by retail, as aforesaid, shall make application in writing to the mayor therefor, and produce evidence to satisfy him that the applicant is a person of good moral character, and shall execute and file with the city clerk a bond to the city of Springfield in the penal sum of one thousand dollars, with at least two good sureties, to be approved by the mayor, con- ditioned for the faithful observance of all ordinances of the city council now in force, or which may be passed and in force during the period of such license, regulating or relating to the sale of intoxicating liquors ; and he shall also give bond as provided in section five (5), of chapter forty-three (43), of the Eevised Statutes of Illinois, of 1874, entitled “Dram Shops.” Upon such applicant complying with the above requirements, and upon his paying in advance into the city 264 GENERAL ORDINANCES OF treasury the sum of five hundred dollars, or at that rate per annum, he shall be entitled to receive a license in due form for the purpose aforesaid. 445. Any license so issued may be revoked by the mayor, upon written notice given, whenever it shall appear to his satisfaction that the person licensed has violated any of the provisions of this article, or any ordinance of said city regu- lating or relating to retailers of liquors, or any condition of the bonds aforesaid ; such revocation to be subject to the approval of the city council. 446. Every person licensed to sell liquors under the pro- visions of this article, or under any ordinance of the city, shall, immediately on receiving such license, place and keep the same conspicuously posted in his office or place of busi- ness ; and any person so licensed shall fail, neglect or refuse to so place and keep his license, or who, not being licensed, shall post or cause or permit to be and remain posted any paper or document purporting to be a license, shall in either case incur a penalty of not less than three dollars nor more than fifty dollars. 447. No person licensed to sell liquor by retail, as here- inbefore provided, shall employ any minor as a clerk, bar- tender or servant in or about his saloon or place of busi- ness, nor shall in any way sell, deliver or give away any intoxicating, malt, vinous, mixed or fermented liquors to any idiot, insane or intoxicated person, or to any minor without the written order of his parent, guardian or family physi- cian ; nor „ shall harbor, entice or permit any minor, idiot, insane or intoxicated person to loiter or remain in or about his place of business, under a penalty of not less than five dollars nor more than fifty dollars for each offense. 448. No minor nor any habitual drunkard or intoxicated person shall loiter or remain in or around any saloon, dram shop, grocery, or other place within said city where intoxi- cating or malt liquors are sold or kept for sale, after being , notified by the proprietor or keeper thereof, or by any police- man, to quit the same, under a penalty in each case of not less than three dollars nor exceeding twenty-five dollars. 449. No licensed keeper of any saloon, dram-shop, or other place where liquors are sold, within the city, shall, by himself, his agent, clerk or bartender, suffer or permit any person to drink to excess or drunkenness in his place of business, or in any place adjacent thereto subject to his con- trol, under a penalty of not less than three dollars nor more than twenty-five dollars for each offense. THE CITY OF SPRINGFIELD. 265 450 . Whenever the wife, parent or other relative of any habitual drunkard, or person habitually addicted to the use of intoxicating drink, shall, by notice in writing, notify and request any liquor dealer or seller in said city not to sell or give away any liquors to such habitual drunkard, it shall thereafter be unlawful for any such liquor dealer or seller to sell or give away any liquor to such person. And whoever shall violate the provisions of this section shall, for every such offense, be fined not less than ten dollars nor more than fifty dollars. 451 . No person licensed under the provisions of this article, or any ordinance of said city, to retail liquors, shall suffer or permit any loud or boisterous talking, or any obscene or profane language, quarreling, fighting, or other disturb- ance in or about his place of business, to the annoyance of persons passing any street or public way in the vicinity thereof, or to the disturbance of the peace and quiet of per- sons residing or doing business in the. neighborhood thereof, under a penalty of not less than five dollars nor more than twenty-five dollars in each case. 452 . Any saloon-keeper, or retailer of liquors, licensed as aforesaid, shall have authority and is hereby authorized to arrest any person making a disturbance, or being guilty of any disorderly conduct, in his saloon or place of business, and to take such person before any police magistrate or justice of the peace of the city, or deliver him into the custody of any police officer, to be dealt with according to law. 453 . No person licensed to retail liquors, under the pro- visions of this article, or under any ordinance of the city council, shall, by himself, his agent, clerk or bartender, allow or permit any gaming in any way for money, or other valuable thing, to be carried on in any part of his place of business, or in any room or place adjacent thereto within his control, under a penalty of not less than twenty-five dollars nor more than one hundred dollars for each offense. 454 . Every saloon, dram-shop, grocery or other place, within said city, where intoxicating, malt, vinous, mixed or fermented liquors are sold, or kept for sale, and in which minors are allowed to drink intoxicating drinks, or play with cards, dice, balls, or other articles used in gaming, is here- by declared to be a disorderly house ; and every proprietor or keeper of such dram-shop, saloon or grocery where such drinking or playing shall take place, shall, for the first offense 266 GENERAL ORDINANCES OF of keeping such disorderly house, be subject to a fine of twenty-five dollars, and on conviction for the second offense, he shall be fined not less than twenty-five dollars nor more than one hundred dollars, and his license shall be thereupon revoked. 455. Any liquor dealer or other person w^ho shall supply, or attempt to supply, any person in the custody of a police officer of the city, or any person committed to the city prison and work house, while held in confinement there, with any intoxicating liquor, except upon the written prescription of some respectable physician, shall, in either case, be liable to a fine of not less than five dollars nor more than twenty dollars. 456. No retailer of liquors, or keeper of any dram-shop or drinking saloon, licensed under the provisions of this article, or under any ordinance of said city, shall keep open, or permit to be kept open, his place of business in the night- time, between the hours of twelve o’clock midnight and five o’clock A. M., nor shall permit any person not employed at his place of business or connected therewith to remain there- in between said hours, under a penalty of not less than five dollars nor more than fifty dollars for each offense. 457. No retailer of liquors, or keeper of any dram-shop or drinking saloon aforesaid, shall, on any general or special election day, or’ day on w^hich any city, town, county or State election is held within said city, keep open, or permit to be kept open, his place of business ; nor shall, on such day, sell or give away any intoxicating, malt, vinous, mixed or fermented liquor whatever, or permit any such liquors to be used or drank in his place of business, or in any room or place adjacent thereto subject to his control, under a penalty of not less than twenty-five debars nor more than fifty dol- lars for each offense : Provided, that nothing in this sec- tion contained shall be held to apnly to the keeping open of any saloon or dram-shop on any election day after the polls shall have been closed. 458. Every person licensed to retail liquors, or keep a saloon or dram-shop, under the provisions hereof, shall pro- cure a printed copy of this article,- and place and keep the same conspicuously posted in his office or place of business, under a penalty of one dollar for each and every day that he shall tail to do so after being notified thereto, in writing, by the city clerk or superintendent of police. THE CITY OF SPRINGFIELD. 267 459 . Any room or place where, for any consideration, directly or indirectly paid or received, any intoxicating, malt, vinous, mixed or fermented liquors are retailed by less quan- tity than one gollon, except in the case of druggists or phar- macists aforesaid, is hereby declared to be a saloon or dram-shop. 460 . It shall be the duty of the several members of the police force to enforce the provisions of this article, and to prosecute all violations of the same. Article II. WHOLESALE DEALERS IN LIQUORS. 461 . No person shall, within the city of Springfield, by himself, his agent, clerk or servant, sell, barter, exchange or deliver any intoxicating, malt, vinous, mixed or fermented liquors, in quantities exceeding one gallon, without a license from the city for such purpose ; nor shall any person engage in or carry on the business of brewing ale or beer, or the business of distilling liquors, without obtaining a license there- for, in the manner provided by ordinance, under a penalty, in each case, of not less than ten dollars nor more than one hundred dollars. 462 . Any person desiring to take out a license for any of the purposes mentioned in the last preceding section here- of, shall make application, in writing, to the mayor, and upon giving a bond to the city of Springfield in the penal sum of one thousand dollars, with at least two good sureties, to be approved by the mayor, conditioned for the due observance of all ordinances of said city regulating or relating to his business, which are ar may be in force during the period of such license, and upon paying into the city treasury the^ license fee prescribed by ordinance therefor, such applicant* shall be entitled to receive a license in due form. 463 . No person who may be licensed under the provisions of this article, or any ordinance of said city, to sell liquors by wholesale, or in quantities over one gallon, shall, by him- self, his agen', clerk or servant, sell or give away to any per- son any intoxicating, malt, vinous, mixed or fermented liquor, to be used or drank as a beverage in his store or place of business, or in any place adjacent thereto within his control, under a penalty of not less than five dollars nor more than one hundred dollars for each offense. 268 GENERAL ORDINANCES OF Article III. PERMITS TO PHARMACISTS FOR SALE OF LIQUORS — HOW GRANTED. 464 . No pharmacist or druggist shall, within the city of Springfield, by himself, his clerk, agent or servant, sell, bar- ter, exchange, or give away, any intoxicating, malt, vinous, mixed or fermented liquor whatever, without first obtaining a permit for such purpose, in the manner hereinafter pro- vided, under a penalty of not less than ten dollars nor more than two hundred dollars for each and every offense. 465 . Upon application therefor, in writing, addressed to the mayor, and upon payment into the city treasury of the sum of twenty-five dollars, or at that rate per annum, and on the execution and filing with the city clerk of a bond, as provided in section five (5) of chapter forty-three (43) of the revised statutes of Illinois, of 1874, by any registered phar- macist or druggist, doing business within said city, the mayor shall be authorized to grant to such applicant a permit to sell intoxicating, malt, vinous, mixed or fermented liquors, in quantities less than one gallon, but for medicinal, mechan- ical, chemical and sacramental purposes only. 466 . Said permit shall be issued and attested by the city clerk, under the corporate seal, and be signed by the mayor, and shall state to whom it is issued, for what time issued, where the business is to be carried on, and that it only author- izes the holder to sell liquors for medicinal, mechanical, chemical and sacramental purposes, and that it is subject to all ordinances of the city council in force at the time of the issuance thereof, or which may be passed and in force dur- ing the period of such permit, in relation to intoxicating liquors. • 467 . No permit granted under the provisions of this article shall be for a longer term than one year, and all such per- mits shall expire on the last day of December in each year, after their issuance. 468 . No pharmacist or druggist shall, by virtue of such permit, or otherwise, sell or give away any intoxicating, malt, vinous, mixed or fermented liquor, to be used or drank as a beverage in his place of business, or in any room or place adjacent thereto under his control, ^nor for any other purpose except the purposes authorized by this article ; and every pharmacist or druggist who shall, by himself, his clerk, agent THE CITY OF SPRINGFIELD. 269 or servant, violate any provision of this section, shall, upon conviction, be fined not less than twenty dollars nor more than one hundred dollars for each offense. 469 . Any permit issued under the provisions of this article may be revoked by the mayor, at any time, upon written notice given, whenever it shall appear to his satisfaction that the person holding such permit has violated any provision hereof, or any condition of his bond aforesaid ; but such re- vocation shall be subject to the approval of the city council. 270 GENEBAL ORDINANCES OF CHAPTER XVIIl. MISDEMEANOES. Akticle I. Offenses Affecting the Public Peace and Quiet. II. Offenses Against Public Morals and Decency. III. Offenses Affecting the Public Safety and Convenience. IV. Offenses Concerning Public and Private Property. V. Offenses Relating to Sunday. VI. Offenses Relating to Vagrants and Paupers. Article I. OFFENSES AFFECTING THE PUBLIC PEACE AND QUIET. Sec. 470 . Whoever shall commit an assault, or an assault and battery, upon the person of another, or shall be guilty of an affray, within the limits of the city of Springfield, shall, upon conviction, be fined not less than three dollars nor more than one hundred dollars. 471 . Whoever shall disturb the peace of the city, or the quiet of any private family or person therein, by loud or unusual noises, or by violent and tumultuous carriage, or by shouting, cursing, quarreling, challenging to tight or fighting, or any other disorderly conduct, shall, upon conviction, be fined not less than three dollars nor more than fifty dollars. 472 . If any person shall, within *said city, challenge another to fight, or shall threaten or traduce another, or shall use any profane, obscene, or offensive language, or indulge in any conduct, toward another tending to provoke a disturbance or breach of the peace, the person so offend- ing shall, upon conviction, be fined not less than three dollars nor more than twenty-live dollars for each offense. 473 . Any two or more persons who shall, within the city, assemble together for any unlawful purpose, or who, being assembled, shall act in concert to do an unlawful act, with force and violence, against the property of the city, or the person or property of another, or against the peace or to the terror of citizens or other persons, or who shall make any movement or preparation therefor, shall be severally subject to a fine of not less than three dollars nor more THE CITY OF SPRINGFIELD. 271 than fifty dollars, and to a further fine of not less than five dollars nor more than fifty dollars, upon refusal to disperse after behig requested to do so by any police or other city officer. 474. Whoever shall, knowingly, suffer or permit any assemblage for the purpose of committing any unlawful act or breach of the peace, or any riotous, offensive or disorderly conduct, in or upon premises owned or occupied by him, or under his control, within said city, shall, on conviction, be fined not less than five dollars nor more than fifty dollars. 475. Whoever shall, in said city, interrupt or disturb any congregation or assembly met for the purpose of religious worship, or for any lawful purpose, by making any loud or unusual noise, or by rude or indecent behavior, or by pro- fane, obscene or improper discourse or conduct, shall, on conviction, be fined not less than five dollars nor more than fifty dollars. 478. Whoever shall willfully interrupt or disturb any funeral procession or assembly, shall, on conviction, be fined not less than five dollars nor more than fifty dollars. 477. Any 'person who shall conduct himself in a riotous or disorderly manner, or disturb the peace at any show or exhibition, theatre or other place of amusement, or at any election poll, in said city, shall, on conviction, be fined not less than three dollars nor more than fifty dollars for each offense. 478. No boy or other person shall purposely or heedlessly cast or throw any stone, brickbat, clod or other missile from or into any public place, or at any house or person, within the city, under a penalty, in each case, of not less than one dollar nor exceeding five dollars. 479. No boy or other person shall climb upon or into any wagon, carriage, sleigh or other vehicle, while the same may be in motion, or attach his sled or cart to any such vehicle, without the consent of the driver thereof; or shall otherwise willfully molest or annoy any person, in said city, under a penalty of not less than one dollar nor exceeding five dollars in each case. 480. Any two or more boys who shall, in the night time, be disturbing any lawful assemblage, or making any loud or unusual noises, to the annoyance or disturbance of citizens ; or who shall be found loitering or strolling about the street corners, or • in the vicinity of any hotel, theatre, railroad depot, or other public place, and refuse to disperse and go to their respective homes, when requested to do so by any 272 GENERAL ORDINANCES OF member of the police force, or by any person annoyed thereby, shall, upon conviction, be severally fined not less than one dollar nor exceeding ten dollars. 481 . Whoever shall, within said city, wear or carry con- cealed about his person any pistol, revolver, slung-shot, metallic knuckles, bowie knife, dirk, razor, or other danger- ous or deadly weapon ; or whoever shall display or flourish any such weapon in a boisterous, or threatening manner, shall, on conviction, be fined not exceeding twenty-five dol- lars for each offense : Provided, that the provisions of this section shall mot be held to apply to any policeman, con- stable, or other peace officer, while in the discharge of his duty, nor to any person summoned by any such officer to aid him in making an arrest or preserving the peace. Article II. OFFENSES AGAINST PUBLIC MORALS AND DECENCY. 482 . Whoever shall be in a state of intoxication or drunkenness in any public place, or place open to public view, within the city of Springfield ; or in any private house or place, to the annoyance of any person, shall, upon con- viction, be fined not less than three dollars nor more than twenty- five dollars. 483 . Whoever shall use any profane or obscene language in any public place in said city, loud enough to be over- heard by persons passing thereby, and when any woman may be sufficiently near to hear the same ; or shall be guilty of any disorderly conduct or behavior, shall, in either case, be subject to a fine of not less than three dollars nor more than twenty-five dollars. 484 . Whoever shall, in said city, make any indecent ex- posure of his or her person, or shall appear in any public place, or place exposed to the public view, in a dress not belonging to his or her sex, or in an indecent or lewd dress, or in a state of nudity, or shall be guilty of any other in- decent or lewd act, shall, upon conviction, be fined not less than five dollars nor more than fifty dollars for each offense. 485 . Whoever shall, in any public place, or place open to the public view, within the city, write or draw, cut or make, any lewd or indecent word, sentence, design or figure ; or whoever shall indecently exhibit any stallion, bull, jack- ass, or other animal, except in an inclosed place out of public view, shall, in either case, be subject to a fine of not less than five dollars nor more than fifty dollars. THE CITY OF SPRINGFIELD. » 273 488. Any person who shall bring or cause to be brought into said city, for the purpose of sale or exhibition, or shall keep, sell, offer or expose for sale, any obscene or indecent publication, book, pamphlet, paper, print, picture, illustra- tion, model, cast, instrument or article of indecent or im- moral use, or shall advertise the same for sale or exhibition, shall, on conviction, be fined not less than ten dollars nor more than two hundred dollars for each offense. 487. Whoever shall exhibit or perform, or assist in ex- hibiting or performing, in said city, any obscene, indecent or lewd play, or other such representation, or shall know- ingly permit the same to be exhibited or performed in any building or hall owned or controlled by him, shall, in each case, be subject to a fine of not less than twenty dollars nor more than two hundred dollars. 488. Any person who shall, within the city, keep or use, or be in any way connected with the management of any place kept or used, for the purpose of fighting or baiting any dog, cock or other animal, or who shall permit such place to be kept or used on premises owned, rented or con- trolled by him, or who shall frequent or be found therein, shall, on conviction, be fined not less than ten dollars nor more than one hundred dollars in each case. 489. Whoever shall, within the city of Springfield, set up, keep, maintain or support any gambling house or room, or place used for the practice of gaming or playing for money or property, or shall knowingly permit any building or premises owned or controlled by him to be used for any such purpose ; or whoever shall keep or use, or permit to be used, in any building or place occupied, controlled or owned, by such person, any keno or faro table, wheel of fortune, roulette, shuffle board, cards, or other instrument or device, commonly used for the purpose of gaming, shall, upon conviction, be fined not less than twenty-five dollars nor more than two hundred dollars for each offense. 490. Whoever shall be an inmate of any gaming house or room, within said city, or shall be in any way connected therewith, or shall frequent or visit the same, or be found therein; or whoever shall, within the city, play for any money or other valuable thiug at any game with cards, dice, billiards, or any other instrument or device whatsoever ; or whoever shall bet on any such game when played by others, shall, on conviction, be fined not less than ten dol- lars nor more than one hundred dollars for each offense. 491. No person shall set up or expose in any of the streets, avenues or other public places, within the limits of —18 274 GENERAL ORDINANCES OF the city, any table or device of any kind, upon or by which any game of chance or hazard can be played, or shall play at or upon any such table or device, under a penalty of not less than ten dollars nor more than one hundred dollars. 492 . Whoever shall, within said city, set up, run or maintain any lottery, or shall sell or dispose of for gain any ticket, chance or share in any lottery, or shall sell or at- tempt to dispose of any article of property dependent upon any chance, by dice, lot, numbers, or other fraudulent de- vice, or shall promote or be in any way connected with any such lottery or game of chance ; or whoever shall knowingly permit any such lottery, business or enterprise, to be carried on in any building or premises owned or controlled by him, shall, on conviction, be fined not less than twenty dollars nor more than two hundred dollars for each offense. 493 . Each and every sale or purchase, wherein any part of the articles or things received or to be received, either as to quantity or value, shall in any manner depend upon any chance or hazard, whether by means of checks, cards, envelopes, numbers, dice, or by any means whatever, is hereby declared to be gaming within the meaning of the provisions hereof, and as such to be unlawful. Any person so selling or disposing of any article or thing of value, within said city, shall be liable to a fine of twenty-five dol- lars for each offense. 494 . Whoever shall, within the city of Springfield, or within three miles of the outer boundaries thereof, keep or maintain, directly or indirectly, any bawdy or disorderly house, house of ill-fame, or of assignation, or place for the practice of fornication or adultery, shall, upon conviction, be fined in any sum not less than twenty-five dollars nor more than two hundred dollars, for each offense, and be subject to a like further fine for every forty-eight hours after the first conviction, that such house shall be continued or maintained. 495 . Whoever shall, within said city, or within three miles of 'the limits thereof, knowingly lease, let or permit any building or premises, owned by him or under his control, to be used in whole or in part as a house of ill-fame, or house of assignation, or place for the practice of fornication or adul- tery, shall be subject to a fine of not less than twenty-five dollars nor more than two hundred dollars, and to a further fine of twenty-five dollars for every forty- eight hours after the first conviction that he shall continue to violate this section. 496 . Whoever shall be an inmate or occupant of, or shall frequent or be found in any bawdy house, house of ill-fame. THE CITY OF SPRINGFIELD. 275 or of assignation, or place used for the practice of fornica- tion or adultery, within said city, or within three miles of the limits thereof, shall, on conviction, be fined not less than ten dollars nor more than one hundred dollars for each offense. 497 . Whoever shall, within said city, entice, influence or persuade any female to enter or frequent any bawdy house, house of ill-fame, or of assignation, or place used for the practice of fornication or adultery; or whoever shall induce any minor to enter or frequent, or shall qllow or permit any minor to remain in any such house or place, shall, for each offense, be subject to a fine of not less than twenty-five dol- lars nor more than fifty dollars. 498 . In any action or suit arising under the four last preceding sections of this article, the fact that any house is a house of ill-fame, or of assignation, or that any place is used for the practice of fornication or adultery, shall be sufficiently proven or established by evidence that such is the general reputation of the same. 499 . No person shall be subject to any fine or penalty for or on account of any testimony, which he or she may give as a witness for the city in any police or other court, concerning his or her being an inmate or occupant of, or being found in any bawdy house, house of ill-fame, or in any gaming house. Article III. OFFENSES AFFECTING THE PUBLIC SAFETY AND CONVENIENCE. 500 . No person shall ride or drive any horse, mule or other animal, in or through any street or avenue or alley of the city of Springfield, with greater speed thpn at the rate of six miles an hour; nor shall, in turning the corner of any street, avenue or alley in the city, ride or drive any such animal with greater speed than at the rate of four miles an hour ; nor shall willfully or heedlessly ride or drive any such animal so that the same, or any vehicle attached thereto, shall come into collision with any other animal or vehicle, or strike against any person, under a penalty, in each and every case, of not less than five dollars nor more than one hundred dollars. 501 . Whoever shall leave any horse or mule, or any team attached to any vehicle, in any street, alley or other unin- closed place, within said city, without the same being securely fastened or guarded, shall be subject to a penalty of not less than three dollars nor more than twenty-five dollars. 276 GENERAL ORDINANCES OF 602. In all cases of persons driving and meeting each other in vehicles, in any street or thoroughfare of the city, each person so meeting shall turn his vehicle to the right of the center of the street, so that each may pass without interference with or accident to the other ; and every person violating or failing to comply with the requirements of this section, shall incur a penalty of not less than two dollars nor more than twenty-five dollars : Provided, that where any horse or other railroad track is or may be laid in any street or avenue, each side of such track shall be deemed a street or thoroughfare within the meaning of this section. 503. No person shall play at ball, or raise or fly any kite, or ride or propel any^ bicycle or velocipede in any part of said city devoted to business purposes, under a penalty of not less than one dollar nor more than twenty dollars for each offense. 504. No person shall engage in any game, sport or amusement, or exhibit any animal or machine, or do any- thing else in the streets or upon the sidewalks of the city, which shall have a tendency to frighten horses or interfere with teams and vehicles or persons passing along the streets or sidewalks, under a penalty of not less than one dollar nor more than twenty dollars for each offense. 505. It shall be unlawful for any boy or other person to play upon or about any railroad track, depot, locomotive or car within ^aid city; or to climb upon or jump from any car or train of cars, or from one car to another, or to climb or jump upon any street car, while the same may be in motion ; and every boy or other person violating any provision of this section, shall, upon conviction, be fined not less than two dollars nor more than ten dollars for each offense. It is hereby made the duty of the several members of the police force to vigorously enforce the provisions of this sec- tion, and all railroad employes shall be empowered to arrest all persons found yiolating the same. 506. Whoever shall willfully turn a stream of water from any fire-hose or hydrant upon any person, or upon any pri- vate premises, on the occasion of any exhibition or tourna- ment, or otherwise, shall be liable to a fine of not less than three dollars nor more than twenty dollars. 507. All public buildings in process of erection at the time of taking effect of this ordinance, or hereafter to be erected or constructed in said city, which may or shall be used for churches, school-houses, opera-houses, theatres, lec- ture rooms, town halls, hotels, or for any purpose whereby a collection of people may be assembled together for THE CITY OF SPRINGFIELD. 277 religious worship, amusement, instruction, or otherwise, shall be so built and constructed that all doors leading from the main hall or audience room, where said collection of people may be assembled, or from the principal room which may be used for any of the purposes aforesaid, shall be so swung upon their hinges as to open outward, and that all means of egress for the public from the main hall or principal room, and from the building, shall be by means of doors which shall open outward therefrom. Any owner, agent or trustee of any such building, who shall fail or refuse to comply with the requirements of this section, shall, on con- viction, be fined not less than one hundred dollars nor more than two hundred dollars. Article IV. OFFENSES CONCERNING PUBLIC AND PRIVATE PROPERTY. 508. Whoever shall willfully, maliciously or negligently break, deface,, injure or destroy any property of the State, county or city, or any private property, shall be subject to a fine of not less than five dollars nor exceeding one hun- dred dollars, and shall also be liable for the costs of repair- ing the injuries committed, which may be recovered by a separate suit. 509. Any person who shall, within said city, cut, injure, remove or destroy any fruit, ornament or shade tree, or the boxing around the same, or any fence, railing, gate, post or sign, upon any public ground, sidewalk or private premises ; or who shall enter any private premises against the consent of the owner or occupant thereof, or shall trespass upon any private premises or public grounds, or injure, take away or destroy any tree, shrub, fruit, plant, vegetable, or other thing which may be therein for ornament or utility, shall, on conviction, be fined not less than three dollars nor more than fifty dollars for each and every such offense. 510. No boy or other person shall purposely or heedlessly cast or throw any stone, brick or other missile from or into any street or other public place, or at, against, or into any building, shade tree or other property, or shall climb upon or walk upon the top or capping of any fence or railing, or into any shade or ornamental tree upon any sidewalk or elsewhere, without the consent of the owner or occupant thereof, or shall in any wise injure or deface any building, fence, gate or shade tree, or shall meddle with or injure any public well, cistern, hydrant or pump, within said city, under a penalty, in each case, of not less than two dollars nor more than ten dollars. 278 GENERAL ORDINANCES OF 511. Whoever shall, without the consent of the owner or occupant of the premises, post up, stick or place any hand- bill, show-bill, placard or notice upon any building, wall, fence or tree-box ; or shall mark, scratch, cut or otherwise deface any part of any building, fence, or tree-box, shall, in either case, be subject to a penalty of not less than three dollars nor more than ten dollars. 512. Any person who shall willfully, maliciously or neg- ligently break, deface, injure or destroy any public street- lamp or lamp-post, telegraph post or telegraph wire, within the city, shall be subject to a penalty of not less than five dollars nor more than fifty dollars for each offense, and shall also be liable for the cost and expense of repairing the injuries committed, to be recovered by a separate suit in the name of the city. 513. Whoever shall, in said city, climb upon any street- lamp post, or shall fasten any horse or other animal thereto, or shall hang or place upon or against the same any goods, boxes, fuel or other material, shall, for each offense, be subject to a fine of not less than two dollars nor more than ten dollars. 514. Whoever shall willfully or heedlessly break, deface, injure, remove or carry away any cup or service-lid placed upon any of the service-boxes of the gas-light company, within the city, shall forfeit and pay a fine of not less than three dollars nor more than ten dollars. 515. Whoever shall fasten any horse, mule or other ani- imal to any ‘fence or shade-tree, or to the boxing placed around any shade-tree, upon or adjoining any street, avenue or thoroughfare in said city, without the consent of the owner or occupant of the adjacent premises, shall be subject to a fine of not less than two dollars nor more than ten dollars. 516. No owner or driver of any vehicle, for hire, shall make a regular stand or stopping place in ffont of any building or premises within said city, except it be in front of his own premises, or at the public stand authorized and designated by ordinance, under a penalty of one dollar for each day such offense may be continued. 517. Any person who shall willfully or heedlessly change, remove or destroy any stone, stake or post, set or placed to mark the corner of any lot or parcel of ground, street or alley, or to show the grade of any street, alley or sidewalk of the city, shall, on conviction, be fined not less than five dollars nor more than fifty dollars for each offense. THE CITY OF SPRINGFIELD. 279 Article V. OFFENSES RELATING TO SUNDAY. 518. Whoever shall, on Sunday, disturb the peace, or shall purposely or heedlessly interrupt or annoy any con- gregation met for religious worship, or any lawful assem- blage, within the city of Springfield, shall, for each offense, be subject to a fine of not less than five dollars nor more than fifty dollars. 519. No boy or other person shall, on Sunday, engage in or pursue any exercise, game or sport, calculated to dis- turb the peace and quiet of any citizen, or of any family, within said city, under a penalty of not exceeding five dol- lars. 520. Whoever shall, on Sunday, keep open any billiard room, ball or pin alley, base-ball grounds, or other such place of amusement, within the city, or shall suffer or permit per- sons to assemble therein for the purpose of play or amuse- ment, shall, for each offense, be subject to a fine of not less than ten dollars nor more than fifty dollars. 521. Whoever shall, on Sunday, keep open, or permit to be kept open, his place of business, or shall pursue his daily labor or occupation, within said city, shall, on con- viction, be fined not less than ten dollars nor more than fifty dollars : Provided, that this section shall not be appli- cable to persons who conscientiously observe some other day of the week as the Sabbath; nor in cases of necessity or of charity ; nor to hotels, eating houses, drug stores, tobacco stores, barber shops, livery stables, or street cars. 522. No retailer of liquors, or proprietor or keeper of any dram-shop or drinking saloon, shall, within said city, keep open, or permit to be kept open, his place of business, or any part thereof, on Sunday; nor shall, on that day, sell or deliver any intoxicating, malt, vinous, mixed or fer- mented liquors, or permit any such liquors to be sold, used, or drank in his place of business, or in any room or place adjacent thereto, subject to his control ; nor shall, on that day, allow or permit any person or persons to enter or frequent) his place of business, not belonging thereto or connected the re- with, under a penalty, in each case, of not less than twenty- five dollars nor more than one hundred dollars; and a second conviction for a violation of any provision ot this section shall be deemed cause for revoking the license of the offender, if licensed. 280 GENERAL ORDINANCES OF 523. No ordinary, belonging to or connected with any dram-shop, drinking saloon, or other place where intoxicat- ing, malt, vinous, mixed or fermented liquors are sold, within said city; and no ordinary in which there is a door or way of access to any place adjacent thereto wherein any such liquors are sold or kept for sale, shall be opened or kept open on Sunday, under a penalty to the owner, proprietor or keeper of such ordinary of twenty-five dollars for each and every offense. Article VI. OFFENSES RELATING TO VAGRANTS AND PAUPERS. 524. Any person able to work and maintain himself or herself in some legitimate and respectable calling, not hav- ing visible means of support, who shall live idly without employment, or loiter or stroll about the city, begging, or frequenting gaming houses, disorderly and bawdy houses, or drinking saloons, or shall otherwise lead an idle or pro- fligate life : or any person who shall have in his possession any instrument or tool used for counterfeiting, or for the commission of burglary, or for picking locks or pockets, or other implement or device used by cheats and swindlers, without being able to give a good and satisfactory account of his possession of the same ; or who shall trespass upon pri- vate premises in the night-time, or habitually sleep in out-houses, stables, lumber yards, or in railroad cars, without being able to give a satisfactory account of himself ; and all habit- ual night-walkers, or persons loitering or strolling about the streets or alleys of said city at late or unusual hours of the night, shall be deemed vagrants, and, upon conviction thereof, shall be fined in any sum not less than five dollars nor more than one hundred dollars, or imprisoned in the city prison and work-house not exceeding six months. 525. Whoever shall knowingly send, bring or leave any pauper in fhe city of Springfield, not belonging thereto, or shall aid or abet the same, or shall supply with means or assist any such pauper, or person likely to become a pauper, to come into or remain in the city, in order that he or she may become a charge to the corporation, shall be subject to a penalty of not less than ten dollars nor more than one hundred dollars in each case. It shall be the duty of all police officers to see that the provisions of this section are strictly enforced. THE CITY OF SPRINGFIELD. ‘281 CHAPTER XIX. NUISANCES. Article I. Enumeration of, and Penalties for Nuisances. II. When Buildings, etc., a Nuisance— How abated. Article I. ' / ENUMERATION OF, AND PENALTIES FOR NUISANCES. Sec. 526. Any building or premises, or part thereof, within the City of Springfield, which may be nauseous or offensive to any person or family residing near the same, or to persons passing along any street or alley near thereby, or which may be in such condition as to be detrimental or injurious to the public health or comfort, shall be deemed to be a nuisance; and any owner, occupant or agent of such premises, who shall neglect or refuse to abate such nuis- ance, after notice to do so by the health officer, or any member of the police force, shall be subject to a fine of not less than three dollars nor more than twenty dollars, and to a further fine of one dollar for each day, after the first con- viction, that he shall fail to abate said nuisance. 527. ^ Any pig-pen, stable, or place in which swine or other animals are kept, which may be offensive or nauseous to any person residing in the vicinity of the same, or to persons passing along any street or alley near the same, is hereby declared to be a nuisance ; and the owner or keeper of such pen, swine or other animals, or the owner or oc- cupant of the premises, who shall fail, neglect or refuse to abate such nuisance, after notice to do so by the health- officer of the city, or any policeman, or person aggrieved thereby, shall, upon conviction, be fined not less than three dollars nor more than twenty dollars, and shall be subject to a further fine of one dollar for each day thereafter that he shall fail to remedy or abate said nuisance. 528. Whoever shall, within the city, place or throw, or permit to be discharged, or to flow from or out of any house or premises, any hlthy, foul or offensive matter or liquid of 282 GENERAL ORDINANCES OF any kind, into any street, alley or public place, or upon any adjacent lot or ground, or shall allow or permit the same to be done by any person connected with the premises, under his or her control, shall be deemed guilty of a nuisance, and shall, upon conviction, be fined not less than three dollars nor more than twenty dollars for each offense. 529. Any lot, ground or premises, within said city, upon which stagnant wa^er may be standing so as to become or likely to become foul, putrid or offensive, or detrimental to the health and comfort of persons residing in the vicinity thereof, is hereby declared to be a nuisance ; and any owner or agent of such lot or premises, who shall fail or neglect to abate said nuisance, after notice to do so by the health officer, or any member of the police force, shall be subject to a fine of five dollars, and to a further fine of one dollar for each day, after the first conviction, that he shall so fail to abate the same. 530. When any nuisance, or anything likely to become a nuisance, may be found upon any premises, and the per- son causing such nuisance is unknown or cannot be found, the owner, agent, or occupant, whose duty it is hereby made to abate said nuisance, shall not promptly comply with such notice, he shall be subject to a penalty of not less than three dollars, nor more than ten dollars. 531. Any owner or lessee of any livery stable, or any person having the management or control of any gas-works,' paper mill, or other manufacturing establishment in said city, who shall suffer or permit such place to become nause- ous, fohl or offensive, or to be in such a condition as to affect the health or comfort of persons in the vicinity there- of, shall be deemed guilty of maintaining a nuisance, and shall incur a penalty of five dollars for each day they shall fail to remedy or abate any such nuisance, after, notice to do so by the mayor, the health officer, or any member of the police force. 532. All cattle pens, stock lots, stock yards, chutes and other places within the city, used for shipping, loading or unloading any horses, mules, cattle, sheep, or hogs, which may be detrimental or obnoxious to the health or comfort of persons residing or doing business in the neighborhood of the same, by reason of the filthy condition thereof, are hereby declared to be nuisances ; and any person having charge or control of such cattle pens or stock yards, who shall neglect or refuse to remedy or abate said nuisance, after being no- tified to do so by the health inspector or any police officer, or any person aggrieved thereby, shall be subject to a THE CITY OF SPRINGFIELD. 283 penalty of not less than five dollars nor more than one hundred dollars, and to a further penalty of three dollars for every day after the first conviction that said nuisance shall be continued. 533. Whoever shall, within said city, butcher or slaughter any cattle, sheep, swine, or other animals, or use any build- ing or premises for that purpose, shall be deemed guilty of creating a nuisance ; or whoever shall, within the distance of one mile without the city limits, establish any slaughter or packing house, or carry on the business of slaugtering or butchering stock, without obtaining the permission of the city council therefor, shall be deemed guilty of a nuisance; or whoever, having obtained permission of the city council, shall conduct or carry on the business of slaughtering or butchering in such manner as to taint the air so that the same shall become offensive, annoying and unwholesome to persons residing in the neighborhood thereof, shall be deemed guilty of a nuisance. Any person or persons causing or con- tinuing any such nuisance, or failing to keep his or their premises in a clean and inoffensive condition, shall be sub- ject to a fine of not less than ten dollars nor more than one hundred dollars in each case, and to a further fine of ten dollars for each day after the first conviction that any such nuisance shall remain. 534. Whoever shall, within the limits of the city of Springfield, establish or maintain any tallow chandlery, tan- nery, bone or soap factory, or shall steam, boil or render any tainted lard, tallow, offal, or other unwholesome animal substance, shall be deemed guilty of a nuisance ; or whoever shall without the city limits, and within one mile thereof, establish or maintain any such chandlery, factory, tannery, or rendery, without first obtaining the consent of the city council; or whoever, having obtained such permission and consent, shall so conduct or carry on any such business as to taint the air and render it offensive or unwholesome, or so as to affect the health or comfort of persons residing in the neighborhood thereof, shall be deemed guilty of a nuis- ance, and shall be subject to a fine of not less than ten dollars nor more than one hundred dollars for each offense, and to a further fine of ten dollars for each day after the first conviction that any such nuisance shall be continued. 535. It shall be the duty of the board of health and of the superintendent of police, from time to time, and as often fis once a month, between the first day of May and the first day of October in each year, to visit and inspect all slaughter or packing houses, bone or soap factories, lard or 284 GENERAL ORDINANCES OF tallow renderies, or other like establishments within the jurisdiction of the city council of said city, and to prosecute, or cause to be prosecuted, all persons violating any of the provisions of this article. Article II. WHEN BUILDINGS, ETC., A NUISANCE — HOW ABATED. 536. Any building, or part thereof, within the city of Springfield, which shall be in danger of falling, or otherwise in such a condition as to be unsafe for persons passing under or near the same, or residing adjacent thereto, or to endanger any property contiguous thereto, is hereby declared to be a nuisance ; and when any such nuisance shall be found by the superintendent of police, or any police officer, or be reported to him by any person annoyed thereby, he shall forthwith notify the owner or agent of the property to abate said nuisance, and the owner or agent shall thereupon pro- ceed to remedy or abate the same, under a penalty of three dollars for each day after such notice that he shall permit said nuisance to continue. In case the owner or agent of the building can not be found, the officer shall report the fact to the city council, who may order the tearing down and removal of any such building or part thereof. 537. Any wooden building, or wooden part of any build- ing within the fire limits, which may be located within thirty feet' of any adjacent building, and which shall be so dilapi- dated or out of repair as to be untenantable, is hereby declared a nuisance ; and when any such nuisance shall come to the knowledge of the fire marshal, or any police officer, he shall forthwith notify the owner or agent of such build- ing to remedy or abate said nuisance, and the owner or agent shall thereupon proceed to abate the same, under a penalty of three dollars for each day after such notice that he shall neglect or refuse to do so ; and the city council may order any such wooden building, or part of wooden building, to be taken down or removed by the superintendent of police. 538. All scaffolds or other erections used in the erection or repair of any building, shall be made secure and suffi- ciently wide to insure the safety of persons working there- on or passing -thereunder agaist the falling of the same, or of materials placed thereon. Any scaffold or other like erec- tion which may be otherwise constructed, shall be deemed a nuisance ; and whoever shall erect or use any such in- secure or dangerous scaffold or other erection, shall, upon conviction thereof, be fined not less than five nor more than fifty dollars, and shall be liable to a like fine for every day thereafter he shall fail to remedy or abate the same. THE CITY OF SPRINGFIELD. 285 533 . Every tenement in said city used as a dwelling house, and every factory or other business building, shall be fur- nished by the owner or agent of the same with a suitable privy or water closet. Privies for dwellings shall be sunk in the ground at least six feet deep, and not less than eight feet deep for other buildmgs, and shall be walled up with brick or stone, or curbed with two-inch plank, and shall be constructed so that the outside wall thereof shall be at least three feet distant from the line of every adjoining lot, unless the owner of such adjoining lot shall otherwise agree, and shall also be at least three feet distant from any alley, and at least five feet from any street or avenue ; and every owner or agent of any premises, who shall violate or fail to comply with any of the provi- sions of this section shall be deemed guilty of a nuisance, and shall, upon conviction thereof, be fined not less than five dollars nor more than twenty-five dollars, and shall be subject to a further fine of one dollar for each day there- after he shall fail to remedy said nuisance. 540 . Whenever any privy or privy vault shall be kept or permitted to remain in such a condition as to become offensive or unwholesome to any person or persons in the vicinity thereof, the same shall be deemed a nuisance ; and any owner or occupant of the premises upon which such privy is located, who shall neglect or refuse to abate said nuisance after being notified to do so by the health officer, or any police officer, or by any person aggrieved thereby, shall, on conviction, be fined not exceeding five dollars, and shall incur a further fine of one dollar for every day thereafter he shall allow such nuisance to continue. 541 . No privy or privy vault shall be cleaned or emptied at any other time than between the hours of ten o’clock p. m. and five o’clock a. m. ; and the contents of such privy or vault shall be carefully removed beyond the city limits. Any person violating the provisions of this section, shall, on con- viction thereof, be fined not less than five dollars nor more than fifty dollars for each offense. 542 . Whoever shall create, commit, permit or continue a nuisance of any kind or description in, upon or about any private property, or in any public place, within the city, w^hich may affect the health, comfort or convenience of per- sons residing or doing business in the vicinity thereof, shall, upon conviction, be fined in any sum not less than three nor more than one hundred dollars. All nuisances not defined by or provided for in this chapter or ordinance, but which are known to and provided for by the Statutes of this State, are hereby declared to be nuisances, and may be pro- ceeded against under- the provisions of this section. 286 GENERAL ORDINANCES OF CHAPTER XX. OFFICEKS. Aeticle I. General Provisions. II. Removal of Officers. Article I. GENERAL PROVISIONS. Sec. 543. No person shall be eligible to any office under the city government who is not a qualified elector of the city of Springfield, 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. 544. All officers of said city, whether elected or appointed, shall, before entering upon the duties of their respective offices, take and subscribe the oath or affirmation prescribed by law therefor, and all such officers, except aldermen, shall execute a bond, with at least two good and sufficient sure- ties, to be approved by the city council, payable to the city of Springfield, in such penal sum as may be directed by ordinance or resolution of said council, conditioned for the faithful performance of the duties of the office, and for the payment of all moneys received by such officer, according to law and the ordinances of said city. 545. The execution of such official bond shall be acknowl- edged by the officer and his sureties before some person authorized by law to take the acknowledgment of deeds, who shall make thereon a certificate of such acknowledgment; and upon the approval of such bond by the city council, the city clerk shall indorse the date of approval on the bond, and shall file the same in his office, together with the oath of such officer. THE CITY OF SPRINGFIELD. 287 546. The city council may require any officer of said city, who is required by law to give an official bond, to furnish additional security, or execute a new bond, whenever the security of the original bond has become insufficient by the insolvency, death or removal of the sureties, or any of them, or when, for any cause, such bond shall be deemed insuffi- cient. Any officer who shall fail to furnish additional secu- rity, or give a new bond, when so required by the city council, within ten days after he is notified in writing of such re- quirement, shall be deemed to have vacated his office. 547. When any person elected or appointed to any city office shall have qualified as aforesaid, the city clerk shall make out and deliver to such officer [except the mayor, clerk and aldermen,] a commission, under the corporate seal, signed by the clerk and the mayor, or the presiding officer of the city council. The mayor shall issue a certificate of election to the clerk, under the seal of the corporation. 548. The commission issued by the city clerk may be, substantially, in the following form : Mayor of the City of Springfield. To all to whom these presents shall come, greeting: Know ye, That having been duly elected [or ap- pointed, as the ease may be,] to the office of of the City of Springfield. I Mayor of said city, for and in behalf of the people thereof, do hereby commission him , in and for said city; to have and to possess said office, with all the rights, powers and emoluments incident thereto, and with authority to execute all the duties thereof, according to law and ordinance, until his successor shall be duly chosen and qualified. In testimony whereof, I have hereunto set my hand, and caused the corporate seal of said city to be affixed, this day of A. D. one thousand eight hundred and eighty- By the Mayor. Mayor. City Clerk. 549. All officers of said city shall, in addition to the re- ports by this ordinance required to be made by them, report in writing to the mayor, when so required, the condition and business of their respective offices or departments, and all matters therein touching the interests of the city ; and all such officers shall, when requested, give all the information in their power pertaining to their offices, to the mayor, the city council, or any committee thereof. 550. All officers shall be liable to the city for all loss or damage that may result thereto from their negligence or will- ful misconduct in the discharge of any official duty ; and the city council may, in its discretion, by order, withhold the salary of any such officer in order to secure the corporation from loss. 288 GENERAL ORDINANCES OF 551. If the mayor, or other city officer, shall, during his official term, remove beyond the limits of the city, his office shall thereby become vacant ; and if any alderman shall re- move from the ward in and for which he was elected, his office shall thereby become vacant. 552. Any officer who may desire to be temporarily absent from the city, shall apply to the city council, if in session, or, if not, to the mayor, for leave of absence, which may be granted by the mayor for any time not exceeding one month, and by the city council for any time not exceeding three months. Any officer who shall absent himself from said city for more than one week, without obtaining such leave of absence, shall incur a penalty of twenty-five dollars for every such offense. 553. No city officer shall be a contractor for any city work, or be directly or indirectly interested in any contract, work or business of the city; nor in the hiring of any carts or teams upon any work of the city coming under his super- vision; nor in the purchase of any real estate or other property belonging to the corporation, or which may be sold for taxes or assessments, or by virtue of legal process at the suit of said corporation, under a penalty of not less than twenty-five dollars nor more than two hundred dollars for each offense. 554. Whoever shall falsely represent himself to be an officer of the city of Springfield, and especially a police officer ; or whoever shall, without due authority, exercise, or attempt to exercise, any of the powers or functions of any officer ; or shall, without due authority, wear any star, badge or mark purporting to be that of a policeman or fireman of the city, shall be subject to a fine of not less than ten dollars nor more than one hundred dollars for each offense, 555. Any person having been an officer of said city shall, within five days after notification and request thereto, deliver to his successor in office all property, books and effects of every description, in his possession or control, be- longing to the city, or appertaining to his said office ; and upon his neglect or refusal to do so, he shall be subject to a penalty of not less than twenty-five dollars nor more than two hundred dollars, and shall also be liable in a separate suit for all damages caused by such neglect or refusal. THE CITY OF SPRINGFIELD. 289 Article II. REMOVAL OF OFFICERS. 556. The mayor of the City of Springfield shall have power to remove any officer appointed by him, or with his consent, upon any formal charge, whenever he shall be of the opinion that the interests of the city demand such removal ; but he shall report the reasons therefor to the city council at a meeting to be held not less than five days nor more than ten days after such removal; and if the mayor shall fail to so report to the council, or to file with the city clerk a statement of his reasons for such removal, or if the city council, by a two-thirds vote of all the members author- ized by law to be elected, by yeas and nays, to be entered upon its journal, shall disapprove of such removal, such officer shall thereupon become restored to the office from which he was so removed ; but he shall take a new oath of office and execute a new bond to the corporation. 557. No officer of the city, removed from office as afore- said, shall draw or receive any salary from and after the date of such removal by the mayor, unless restored to his office by vote of the city council, and, in the latter case, he shall not be entitled to draw any salary for or during the time of such removal. 558. Whenever any charge shall be preferred against any alderman, or other officer of the corporation, upon which action may be taken by the city council, the same shall be referred to an appropriate standing or special committee of that body, whose duty it shall be to examine and report as to whether such charge is well founded or not, and such committee may, when deemed necessary, be empowered to send for persons and papers. 559. It shall be the duty of the city clerk to issue sum- mons, under the corporate seal (signed by the mayor), for all witnesses, and the production of all papers, that may be required before the city council, or any committee thereof, and deliver the same to the superintendent of police, or any police officer, who shall serve such summons by reading or delivering a copy thereof to the person summoned, and make return in what manner he has executed the same. Any person who shall neglect or refuse to appear or testify when so suminoned, or to produce any papers in his possession or under his control pertaining to any such investigation by —19 290 GENERAL ORDINANCES OF the city council, or any committee thereof, shall incur a penalty of not less than five dollars nor more than fifty dollars for each offense, and he may be compelled to appear and testify in any other legal manner. 560 . If any city officer, whether elected or appointed, shall willfully neglect or refuse to perform any duty required of him by the laws or ordinances of the city, or shall, at any time, willfully and corruptly be guilty of oppression, malfeasance or misfeasance in the discharge of the duties of his office, he shall be liable to a fine of not less than twenty-five dollars nor more than two hundred dollars for each offense ; and he may be proceeded against in any court of competent jurisdiction, and removed from office, as pro- vided by law in such case. THE CITY OF SPRINGFIELD. 291 CHAPTER XXL 0EDINANCE8. Article I. Sec. 561 . All ordinances passed by the city council of the city of Springfield, shall be deposited in the office of the city clerk, and shall be duly recorded by the clerk in the record book of ordinances, and appropriately indexed by their titles or subjects. 562 . The city clerk shall file and carefully preserve the originals of all ordinances deposited in his office. He may correct any errors in the numbering of any chapter, article or section of any ordinance, and insert the proper numbers ; and he may omit words inserted, or supply, with brackets, words omitted, by clerical mistake. 563 . He shall cause every ordinance of the city council making any appropriation, or imposing any fine, penalty, forfeiture or imprisonment, to be published at least once in some newspaper printed and published in said city, within one month after the passage thereof, and it shall be his duty to see that the same is correctly printed and pub- lished : Provided, that nothing in this section contained shall be deemed to apply to any ordinance included in any revision or compilation of ordinances, which may be col- lectively published in book or pamphlet form, by authority of the city council. 564 . Said clerk shall make, at the foot of the record of each ordinance recorded as aforesaid, a memorandum of the date of its passage, and of the publication of such ordi- nance (when required to be published), which record or memorandum, or a certified copy thereof, shall be prima facie evidence of the passage and legal publication of such ordinance for all purposes whatsoever. 565 . All ordinances of the city council, required to be published, shall take effect ten days after the due publica- tion thereof ; and all other ordinances, resolutions and orders shall take effect and be in force from and after their passage, unless otherwise therein provided. 292 GENERAL ORDINANCES OF 566. The revised ordinances of said city, when published' in book form, by authority of the city council, shall be deposited in the office of the city clerk. He shall deliver one copy thereof to each officer of the corporation, and to such other persons as the mayor or city council may direct. 567. When any ordinance or part thereof shall be re- pealed or modified by a subsequent ordinance, the ordinance or part thereof, so repealed or modified, shall continue in force until the taking effect of the ordinance repealing or modifying the same. No ordinance or part thereof, repealed by the city council, shall be deemed to be revived by the repeal of the repealing ordinance, unless it shall be therein so expressly provided. 568. No suit, proceeding, fine, penalty, forfeiture, debt, right, or other liability whatever, instituted, incurred, created, given or accrued, by or under any ordinance of the city prior to its repeal or modification, shall be annulled, released, discharged, or in anywise affected by the passage of such repealing or modifying ordinance ; but the same may be prosecuted, recovered, completed and enjoyed, as fully in all respects as if such ordinance or part thereof had remained in full force, unless otherwise expressly provided in the ordinance making such repeal. 569. Whenever, in any ordinance, words importing the singular number are used in describing or referring to any person or subject matter, such words shall be deemed to extend to and include several persons, matters or subjects; and words used collectively, or importing the plural number, shall be deemed to extend to and embrace any single person, matter or subject, as well as several ; and when any person or subject matter shall be named, described or referred to by words importing the masculine gender, or by general terms, females as well as males shall be deemed included in the meaning thereof ; and the words ‘‘person” or “per- sons,” or words importing any person or persons, shall be deemed to include bodies corporate as well as individuals : Provided, that these rules of construction shall not be appli- cable to any ordinance which shall contain any express provision excluding such construction, or where the context or subject matter of such ordinance may be repugnant thereto. 570. When the provisions of different ordinances, or of the different chapters of any ordinance, conflict with or con- travene each other, the provisions and requirements of each ordinance or chapter shall prevail as to all subjects, matters and questions embraced within, or arising out of, the subject THE CITY OF SPRINGFIELD. 293 matter thereof. But if different or conflicting provisions be found in different sections of the same ordinance or chapter, the provisions of the section last in numerical order shall prevail, unless such construction woUld be repugnant to or inconsistent with the obvious meaning of such ordinance or chapter. 571 . The word “court,” when used in any ordinance, shall be construed to mean any court of competent juris- diction, whether police magistrate’s court, justice of the peace, or court of record. The word “month,” when used in any ordinance, shall be construed to mean a calendar month; and the word “oath” shall be deemed to include an affirmation, and the word “sworn” to mean sworn or affirmed. 572 . When, in any ordinance, any act or duty shall be required to be done within a “reasonable time,” or upon a “reasonable notice,” such reasonable time or reasonable notice shall be deemed to mean such time only as may be necessary in the prompt execution of such duty, or a com- pliance with such notice, and the words “written” and “in writing” shall be deemed to include printing. 573 . When any power shall be vested in or duty required of the mayor, the same shall be deemed to extend to and embrace, and may be exercised by, the acting mayor also ; and when any power shall be vested in or duty required of the superintendent of police, the same shall be deemed to extend to and include, and may be exercised by, any police officer, unless such construction would be contrary to the terms of the ordinance vesting such power or requiring such duty. 574 . When any fine or penalty shall be provided by different ordinances, or by different sections or clauses of the ordinances of the city, for the same offense, the officer or person prosecuting may elect under which ordinance or section to proceed ; but not more than one recovery shall be had against the same person for the same offense. 575 . Whenever a minimum but no maximum fine or penalty is imposed by ordinance, the court may, in its dis- cretion, adjudge the offender or offenders to pay any sum of money over and above the minimum fine or penalty so fixed, not exceeding the sum of two hundred dollars. 576 . All general provisions, terms, phrases and expres- sions, used in this or any ordinance hereafter passed, shall be liberally construed, in order that the true intent and meaning of the city council .may be carried out. 294 GENERAL ORDINANCES OF CHAPTER XXll. EAILEOADS. Aeticle I. steam Railroads. II. Horse Railroads. Article I. STEAM RAILROADS. Sec. 577 . It shall be the duty of all railroad companies or corporations, whose tracks now, or may hereafter, enter or pass through the corporate limits of the city of Spring- field, to raise or lower their respective tracks to conform to any grade which is or may be established by the city coun- cil, of any street, avenue or alley, upon or through which said railroad tracks may run, and where such tracks run lengthwise of any street, avenue or alley, to keep the same on a level with the street or alley surface, so that such tracks may be conveniently crossed at any place on such street or alley ; and to make and keep open and in repair suitable ditches, drains, sewers and culverts along and under their respective railroad tracks, so that the natural drainage of the adjacent property shall not be impeded; and to con- struct and keep in repair suitable and convenient crossings at the intersections of their said tracks with any street, avenue or alley in said city; and to so construct and lay down their said tracks as to interfere as little as possible with ordinary travel upon or over the streets, avenues or alleys occupied or used by them. Any such railroad com- pany or corporation failing, neglecting or refusing to com- ply with any of the foregoing requirements of this section, after reasonable notice to do so, in writing, by the street superintendent or other city officer, shall be subject to a fine of not less than twenty-five dollars nor more than two hundred dollars for each offense ; and the recovery of one fine shall be no bar to future prosecutions for a like failure or neglect. 578 . Whenever any street crossing, culvert or bridge, shall be needed upon the line of any railroad within said city, or shall need to be altered or repaired, and the same shall have been ordered by the city council, it shall be the THE CITY OF SPRINGFIELD. 295 duty of the superintendent of streets to give to the railroad company notice, in writing, of the work to be done and place where required ; and every railroad company or cor- poration neglecting or refusing to construct, alter or repair any such crossing, culvert or bridge, within thirty days after the service of said notice, shall thereafter be subject to a fine of not less than ten dollars nor more than fifty dollars for each and every day of such neglect or refusal. ^ 579 . In case of the failure or refusal of any railroad company or corporation to construct or repair any crossing, culvert or bridge, when duly notified so to do, as provided in the preceding section of this article, the city council may order such crossing, culvert or bridge to be constructed, altered or repaired at the expense of the city, and such rail- road company shall thereupon be liable to said city, in an action of debt, for the cost and expense thereof. 580 . Whenever any railroad company or corporation shall, in pursuance of a resolution or order of the city council, be notified to keep a conspicuous light of any kind at any point on its track crossed or intersected by any street or avenue of said city, or to keep a watchman or flagman at any such point, for the protection of persons and pro- perty against injury at such crossing, it shall be the duty of such railroad company or corporation, at its own expense, to place and keep such light as required ; or to station and retain such flagman, whose duty it shall be at all times to signal and warn persons traveling in the direction of the railroad crossing, when there is danger from the approach of locomotive engines or trains. Any railroad company or corporation failing or refusing to comply with either of the requirements of this section, after being duly notified as aforesaid, in writing, by the street superintendent, or the superintendent of police, shall thereafter be liable to a fine of not less than twenty-five dollars nor more than one hun- dred dollars for each offense ; and every day of such failure or refusal to comply shall be deemed a separate offense. 581 . No railroad company, railroad engineer, train con- ductor, or other person, shall obstruct or impede any street, alley, sidewalk, crossing, or other thoroughfare of said city, by stopping any train thereon, or by leaving any locomotive engine, car or cars thereon for a longer time than five con- secutive minutes, under a penalty of twenty dollars for each offense, and a further penalty of ten dollars for each suc- ceeding five minutes that the obstruction shall be allowed continuously to remain, after the first penalty is incurred: Provided, that where any such obstruction is the result of some unavoidable accident or emergency, beyond the control of such company or its agents, this section shall not apply. 296 GENERAL ORDINANCES OF 582 . No railroad engineer, fireman or other person, shall sound the whistle at' any locomotive engine within this city, except necessary brake signals, and such as may be abso- lutely necessary to avoid accidents, under a penalty not ex- ceeding ten dollars for each offense. 583 . No railroad company, or conductor, engineer, or other employe of such company, managing or controlling any locomotive engine, car or train, upon any railroad track, shall run, or permit to be run, within the limits of said city, any passenger train or car at a greater rate of speed than ten miles per hour, nor any freight train or car at a greater speed than six miles per hour, under a penalty, in either case, of not less than twenty dollars nor more than one hundred dollars. 584 . The bell of each locomotive engine shall be rung continually, while running upon any railroad track within said city ; and every locomotive engine, car or train of cars, running in the night time on any railroad track in the city, shall have and keep a bright and conspicuous light at the forward end of such locomotive engine, car or train of cars. If such engine or train be backing, it shall have a conspicu- ous light at the rear of the engine or train, so as to show the direction in which the same is moving. Any railroad company or corporation, or any agent or employe of such company or corporation, who shall violate or fail to observe any of the requirements of this section, shall incur a pen- alty of not less than five dollars nor more than one hun- dred dollars for each offense. 585 . No railroad company or corporation shall cause or permit the cylinder cock or cocks of any of their several locomotive engines to oe opened, so as to allow steam to escape therefrom, at any time while running upon or along any railroad track in any street or avenue, or when the en- gine is in immediate proximity to any street or railroad crossing, within said city, under a penalty of ten dollars for each offense : Provided, that when such engine shall be standing at any such point or crossing in the city, and for three revolutions of the driving wheel after being put in motion, the said cylinder cocks may be opened for the pur- pose of allowing condensed steam to escape. THE CITY OF SPRINGFIELD. ‘297 Article II. HORSE RAILROADS. 586 . It shall be unlawful for any company or person to locate, construct or use any track for any horse or street railroad, or tramway, in, upon or along any street, avenue or alley of the city of Springfield, without obtaining the per- mission, authority and consent of the city council of said city, and except upon a petition of the owners of the land representing more than one-half of the frontage on such street or avenue, or so much thereof as is sought to be used for horse railroad purposes, as provided by law. 587 . Every company or corporation now operating, or that may hereafter operate or maintain, any horse or street railway in, upon or through any street, avenue or thorough- fare within said city, shall keep its railroad tracks even with the grade of the street, avenue or highway along and through which the same may pass, and not elevated above the sur- face thereof, so that the free flow of water in the lateral and cross-gutters shall not be impeded or obstructed thereby ; and shall at all times keep in good repair such portions of any street, avenue or thoroughfare as may be used by such company or corporation; and shall keep the spaces between the rails of its tracks, and for one foot on the outer edge of the rails, solidly planked or paved, so as not to obstruct or interfere with the ordinary travel of teams and vehicles upon or through any such street, avenue or thoroughfare. Any horse or street railway company neglecting or refusing to observe or comply with any of the foregoing provisions of this section, alter being thereto notified, in writing, by the street superintendent, or the superintendent of police, shall thereafter be subject to a fine of not less than ten dollars nor more than one hundred dollars for every day of such neglect or refusal. 588 . All rails which may hereafter be laid upon any horse or street railroad track, on streets or avenues now paved, or which may hereafter be paved, within the city of Springfield, shall be the tram rail, and the same shall be so laid that the upper part thereof shall not be above the sur- face of the improved or paved street ; and the whole man- ner of constructing and laying such railroad tracks shall be under the supervision of the mayor and street superintend- ent. 589 . It shall be the duty of every person, company or corporation, engaged in operating and running horse or street cars, for the conveyance of passengers, upon any line of 298 GENERAL ORDINANCES OF horse or street railroad within the city of Springfield, early in the month of J anuary in each year, unless otherwise pro- vided by ordinance, to apply and obtain a license therefor from said city; for which license such person, company or corporation shall, at the time of the application, pay into the city treasury the sum of fifteen dollars for each car operated and run, or proposed to be operated and run, by him or them, for the purpose aforesaid, during the year. Any person, company or corporation, engaged in the business aforesaid, and failing or refusing to take out license, as herein required, shall be subject to a penalty of not less than five dollars nor more than one hundred dollars, and every day of such failure or refusal, after the first convic- tion, shall be deemed a separate offense. 590. All horse or street railway cars, licensed as afore- said, shall have the right to their tracks as against any per- son, team, vehicle or incumbrance, put, driven or being thereon with a view to delay or embarrass the progress of the cars ; and no person shall obstruct the said tracks, or obstruct or prevent the cars from running or progressing thereon, by placing, driving or stopping, or causing to be driven at a slow pace or stopped, any vehicle or other ob- stacle upon, across, along or near any of said tracks, in the way of any car, if there shall be space or opportunity to turn off, after being notified by the ringing of the car bell to clear the track, under a penalty to the person offending of not less than three dollars nor more than twenty-five dol- lars for each offense. 591. All street cars stopping at the intersection or cross- ing of any street or avenue, within said city, shall stop with the rear platform of the car at the further side or walk thereof, so that the cars, when stopped, shall not interfere with the travel on such street or avenue; and, subject to the above proviso of this section, said cars shall stop to re- ceive or discharge passengers whenever they are desired to do so. Any horse or street railway company, or any con- ductor or driver of any street car, who shall violate, or fail or refuse to comply with any proviso of this section, shall, on conviction, be fined not less than five dollars nor more than twenty-five dollars for each offense. 592. It shall be the duty of all street railway companies or corporations, doing business within this city, to operate and run their cars at all reasonable hours of the day and night, for the accommodation of the public ; and all such cars shall be distinctly numbered, both inside and outside, by the companies owning or operating the same, and appro- priately lettered, to indicate the streets or routes over which they may run. THE CITY OF SPRINGFIELD. 299 CHAPTER XXIIl. SEWEES, DEAINS, GAS AND WATER PIPES. Akticle I.— Sewers and Drains. II.— Gas and Water Pipes. Article I. SEWERS AND DRAINS. Sec. 593. All sewers ordered and provided for by the city council of the city of Springfield, shall be constructed of such form and dimensions, and with materials of the best quality, laid in such manner and of such thickness, and to such grade and depth as may be prescribed by the city en- gineer, or by ordinance. All such sewers shah be laid to such depth below the grade of the street or avenue, as will effectually drain such lateral sewers as may be conducted into the same, and the cellars and grounds of the lowest part of the district in which they may be located ; and suitable wells, man-holes, vents and inlets, properly secured with coping stones, iron grates or plate covers, shall be constructed, where necessary, at proper distances. 594. If any sewer, ordered as aforesaid, will probably ^require to be extended or be connected with lateral sewers leading thereinto, it shall be built with reference to such extension or lateral sewers, and suitable openings shall be left in the sides of such sewers at and under the intersec- tions of the streets and avenues crossing the same, to admit of the proper connections with such lateral sewers as may thereafter be constructed in such cross streets or avenues. Such openings shall be sustained by a brick arch or ring, and the spaces filled in with brick, so laid as to be capable of removal without injuring the sewer or arch. 595. For the purpose of carrying off the surface drain- age, suitable grated openings or inlets shall be made* at proper distances at or near the intersections of the curbs of the sidewalks along the streets or alleys. Such openings, where the streets or alleys are paved, shall be let into the curb of the sidewalk at least twelve feet from the intersec- tions of such sidewalks with the corners of the streets or alleys, so as to prevent the foot crossings from becoming 300 GENERAL ORDINANCES OF flooded ; and they shall be securely connected with pipes or lateral drains of such dimensions and construction, and laid with such descent or grade, as will effectually carry all the surface water into the sewers. 596. All sewers that may hereafter be constructed in any street or avenue within said city, shall be laid on and along the center line thereof. 597. The drainage of all private property into the public sewers, or sewers built by the city, shall be effected by lateral sewers of brick, substantially constructed, or by suitable pipes of iron or clay tiling; and all lateral sewers, at their intersection with the main sewer, shall, if necessary, be curved toward the lower end of the latter, so as to lessen the ob- struction of the current in the main sewer by the influx from the lateral sewers. 598. It shall be the duty of the city engineer to keep in his office a map or maps, upon which shall be platted and shown the sewerage districts of said city, with the location of the different sewers therein, and their dimensions, open- ings, inlets and connections. 599. Any person constructing or causing to be constructed any private drain or sewer leading into any sewer built, owned or controlled by the city, without the written consent of the city engineer, as is elsewhere provided in this ordi- nance, or in any other manner than is authorized by ordi- nance, shall be liable to a fine of not less than five dollars nor more than one hundred dollars for each offense, and shall also be liable to the city for all injuries or damages to any public sewer, which may result from the building or connect- ing with such unauthorized private drain or sewer. 600. No connection with, or opening into, any public sewer or drain shall be used for the conveyance of steam from any steam boiler or engine, or from any manufactory in which steam is generated or used, under a penalty of twenty-five dollars for each ‘offense, and a like additional penalty for every repitition of the same. 601. No garbage, butcher’s offal, dead animal, or any other obstruction, shall be deposited or thrown into any sewer, sewer inlet or catch-basin, under a penalty to the offender of not less than five dollars nor more than twenty- five dollars for each offense. 602. Whoever shall, within said city, break, deface, injure or remove any cap or coping-stone, or grate, belonging to any catch-basin, man-hole, vent, or inlet of any sewer, or THE CITY OF SPRINGFIELD. 301 shall in any way obstruct or injure the mouth thereof, shall, for each offense, be subject to a penalty of not less than five dollars nor more than fifty dollars. 603. No person shall obstruct, fill up, or change any branch or natural drain within the city, without first obtain- ing the permission and consent of the city council, under a penalty of not less than ten dollars nor exceeding one hundred dollars, and a further penalty of ten dollars for every day such person shall continue such obstruction or change, after being notified to remedy the same by the city engineer or superintendent of streets. 604. The city engineer shall, when required by the city council, survey and make out a plat of any branch or natural drain, and report the same, together with his plan for chang- ing, straightening or sewering such branch or drain, to the city council, and when such plan shall have been approved by said council, all filling, changing, straightening or sewer- ing of such branch or natural drain shall be done in accord- ance therewith ; and all changing or straightening of the channels of such branches or Natural drains shall be made with reference to sewering the same. 605. No person, company or corporation, shall hereafter be permitted or allowed to in any way connect any sewer or drain, built or laid without the limits of the city of Spring- field, with any sewer or system of sewerage within said city ; nor shall any owner of property without the city limits, not heretofore granted the privilege, use or have the benefit of any sewer within said city, except upon written application in each case, and by a vote of two-thirds of all the aider- men authorized to be elected to the city council ; and it is hereby made the duty of the mayor to strictly enforce, or cause to be enforced the provisions of this section : Provided, that nothing herein contained shall be construed to prevent the city from contracting or agreeing with any adjacent incorporated village or town for the joint construction or use of any public sewer or drain, as provided by law. Article II. GAS AND WATER PIPES. 606. All gas pipes hereafter laid in and along any of the streets or avenues of the city of Springfield, running north and south, shall be laid at least ten feet west of the center line thereof; and on streets or avenues ruoning east and west, at least ten feet north of the center line of said 302 GENERAL ORDINANCES OF streets or avenues. All water pipes hereafter laid in and along the streets or avenues of said city, running north and south, shall be laid at least ten feet east of the center line thereof ; and on all streets or avenues running east and west, at least ten feet south of the center line of said streets or avenues. Any person, company or corporation violating or failing to comply with any of the provisions of this section (except in case where such compliance shall be found im- practicable), shall be subject to a fine of not less than twenty- live dollars nor more than two hundred dollars for each offense ; and it shall be the duty of the mayor to stop the laying of any such pipes, until such person, company or corporation shall agree to lay the same conformable to the requirements hereof. 607. All gas or water pipes heretofore laid in and along any of the streets or avenues aforesaid, and not in con- formity with the provisions of the last preceding section of this article, shall, whenever it becomes necessary to re-lay the same, or to put down new ones, be so laid as to con- form to the requirements of said section. 608. No higher or greater charge shall be made against consumers of either gas or water, for extra pipe, on account of the side of the street on which any consumer may be located ; but, in the estimate and charge for pipe, the center line of the street shall be taken for both sides. 609. All excavations in the streets, avenues, alleys or sidewalks of said city, made by any person or persons for the purpose of connecting any private drain or sewer with any public sewer, or for the purpose of laying, connecting or tapping any gas or water pipes, shall, immedia*!ely upon the completion thereof, be filled up, and the dirt thoroughly tamped or puddled till all the earth taken out shall have been replaced, and the same be left in a good and passable condition ; and such excavation shall be repaired, from time to time, till the earth is fully settled, and the surface con- forms to the proper level of the street, avenue, alley or sidewalk. Whoever shall violate, or shall neglect or refuse to comply with any of the above requirements of this sec- tion, shall, upon conviction, be fined not less than ten dol- lars nor more than one hundred dollars for each offense, and shall also be liable for whatever cost and expense the city may incur in the proper filling and leveling of such excavation, and for all damages resulting to private persons from such imperfect filling. THE CITY OF SPRINGFIELD. 303 CHAPTER XXIV. t SIDEWALKS. Akticle I. Width, Grade, Construction, Etc., of Sidewalks. II. Special Provisions in Relation to. Article 1. WIDTH, GRADE, CONSTRUCTION, ETC., OF SIDEWALKS. Sec. 610 . On all streets or avenues, within the city of Springfield, of sixty-four feet and upward in width, sidewalks may be laid twelve feet wide ; on streets or avenues less than sixty-four and over fifty feet in width, ten feet wide ; on streets between fifty and forty feet in width, eight feet wide ; and on streets forty feet or less in width, six feet wide : Provided, that on improved or paved streets (except Third street) in the parts thereof devoted to business, sidewalks may be laid from sixteen to twenty feet in width, according to the varying width of the street and street pavement. 611 . The city council shall establish the grades for all sidewalks, and the same shall conform, as nearly as may be, to the grades of their respective streets. Where no per- manent grade is established, the city engineer may give a temporary grade ; and he shall, when requested by any per- son desiring to build a sidewalk, stake out the grade thereof without charge to such person. 612 . No person shall construct or lay, or cause to be constructed or laid, any sidewalk where no grade has been established by the city council, without having first obtained a grade therefor from the city engineer, or contrary to any grade given by said engineer; nor shall construct or cause to be constructed any sidewalk contrary to any grade which may have been or may hereafter be established by the city council, under a penalty of five dollars for each offense, and 304 GENERAL ORDINANCES OF a further penalty of one dollar for each day that he shall fail to make his sidewalk conform to the proper grade, after five days’ written notice to do so, by the street superin- tendent. 613. All sidewalks, within the fire limits of said city, shall be built of dag-stone, brick or concrete; and in the remaining portions thereof, they may be made of sound pine or oak plank, laid crosswise to the street or avenue, and securely spiked to four-by-four inch oak stringers, placed not more than four feet apart : Provided, that where the side- walk is not more than four feet wide, the planks may be laid lengthwise to the street. 614. All sidewalks shall be so constructed as to have an incline, toward the gutter of the street, of one inch in two feet, and along the outward boundary thereof may be set a curbing of not less than two and one-half inch oak plank, well spiked or bolted to four-by-six inch oak posts, set in the ground to the depth of three feet ; and where the streets are paved the curbing shall be of stone, four inches thick, and at least thirty inches in depth, firmly set in the earth to the proper grade and line ; and the distance from the front line of the lots to the outer edge of the curbing shall be the full width of the sidewalks. The whole work of grad- ing and laying down said sidewalks, wdiether done by the city or by the owners of the respective lots or parcels of land abutting upon the same, shall be done under the supervision and subject to the approval of the city superin- tendent of streets. 615. No part of any sidewalk shall be taken for private use by lowering or cutting down the same next to the build- ing fronting thereon ; or by railing off the same by any iron or other railing, or otherwise shutting off the public from using the same ; but said sidewalk shall be built clear up to the building on a uniform grade, as hereinbefore provided. Entrances to cellars and basements, and flights of stairs or steps may be made, which shall not extend into or on the sidewalks more than four feet next to the building, and the width of the steps, stairs or entrances in sidewalks to cellars or basements shall not be more than five feet ; and the same shall be at all times securely protected by the owner or occupant of the building. Whoever shall violate any of the provisions of this section shall he subject to a penalty of five dollars for the first offense, and to a like additional penalty for .each week, after the first conviction, that he shall continue such violation. THE CITY OF SPRINGFIELD. 305 616. No person shall t)uild or extend any sidewalk beyond the established width, and no person shall insert any smooth pieces of glass or metal in any sidewalk whatever, under a penalty, in either case, of not exceeding ten dollars, and a further penalty of two dollars for each day he shall neglect or fail to remedy or remove the same, after notice to do so by the street superintendent. 617. Every aperture or opening in any sidewalk, over any vault or coal-hole, shall be covered with a substantial iron grate or plate, with a rough suiface, to prevent accidents, and the construction of all vaults and coal-holes under side- walks shair be subject to the directions and supervision of the street superintendent, or such other officer as may be designated by the city council. 618. Every sidewalk in said city which is so much worn or out of repair as to endanger the safety of persons pass- ing over the same, is hereby declared to be a nuisance ; and any person who shall hereafter suffer or peimit such nui- sance to exist in front of or adjoining premises owned or occupied by him, shall be subject to a penalty of one dollar for every day that he shall allow the same to remain after being notified, in writing, by the superintendent of streets to remedy or abate said nuisance. 619. The owner or occupant of any lot or premises, where any holes or loose planks, or other defects, are per- mitted or allowed to be and remain in and about the side- walks in front of or adjacent to his premises, as referred to in the last preceding section hereof, is hereby required to repair such defects and abate such nuisance without delay ; and, in default thereof, it shall be the duty of the street superintendent to abate the same ; and if any person shall recover any judgment against the city of Springfield because of injury resulting from such defects or nuisance, the owner or occupant of the premises where such injury was sustained shall be liable, in an action of debt, for the full amount of the damages and costs so recovered against said city. Article II. SPECIAL PROVISIONS IN RELATION TO SIDEWALKS. 620. No steps, platform or other fixture shall extend into or upon any sidewalk or alley in said city more than three feet ; and all steps or stairs encroaching upon any sidewalk or any alley, and leading to the upper story of any —20 306 GENERAL ORDINANCES OF building, shall be securely fastened to the wall of such building and supported without posts or pillars. No open cellar or basement way shall be permitted in any sidewalk or alley, nor shall any closed cellar or basement way extend into or upon any sidewalk more than five feet, nor into any alley more than four feet; nor shall the door or grating of any such closed cellar or basement way extend above the grade of the sidewalk, nor exceeding one inch above the grade of the alley; nor shall the hinges, lock, or other fastenings thereof, be placed on the upper side of the same so as to project above the door, unless within two and one- half feet of the building; and all cellar windows or coal- holes in any sidewalk or alley shall be set or placed even with the grade of such sidewalk or alley, and be well secured with iron or other suitable gratings. Whoever shall violate or fail to comply with any of the requirements of this sec- tion, shall be subject to a penalty of not less than three dollars nor more than twenty-five dollars for each offense, and to a further penalty of three dollars for each day he shall fail or refuse to comply herewith, after notice to do so by the mayor or street superintendent. 621. Whoever shall, in this city, place, set or hang out, over or upon any sidewalk, any goods, wares or merchandise^ except within three feet of the building or premises owned or occupied by him ; or whoever shall place, erect or suspend any sign, flag, banner, show case, or other fixture projecting into or hanging over any sidew^alk exceeding three feet from the building or premises owned or occupied by him ; or shall cause or knowingly permit the same to be done in front of or adjoining any house or premises owned or occu- pied by him, under his control, shall be subject to a penalty of one dollar for each offense, and to a like additional pen- alty for every two hours he shall allow such goods, mer- chandise, signs or fixtures to remain after being notified to remove the same by the street superintendent, or any mem- ber of the police force. 622. No person shall incumber or obstruct more than three feet of the outer edge of any sidewalk with any goods, merchandise, fuel, or other articles he may be receiving or delivering, nor shall he permit the same to remain upon any sidewalk longer than may be necessary in the diligent removal thereof, nor in any case to exceed twenty-four hours, under a penalty of one dollar for each offense, and a further penalty of one dollar for every two hours he shall permit any such incumbrance or obstruction to remain after being notified to remove the same by the street superin- tendent, or any member of the police force. THE CITY OF SPRINGFIELD. 307 623. Whoever shall fasten or leave any team of horses, or any beast of burden, in such a manner as that the same, or any vehicle attached thereto, shall be an obstruction to any sidewalk in said city, shall incur a penalty of not exceed- ing three dollars for every such offense. 624. Whoever shall suffer or permit the water falling or draining from the roof of any building owned, occupied or controlled by him, to spread over the sidewalk in front of the same, shall be deemed guilty of maintaining a nuisance, and shall be subject to a penalty of two dollars for the first offense, and to a further penalty of one dollar for every day that he shall fail to remedy or abate the same after being notified to do so by the superintendent of streets, or any police officer of the city. 625. It shall be the duty of all owners or occupants of business or dwelling houses, within the city, in front of which any sidewalk is now or may hereafter be laid, to provide and securely fasten in such sidewalk, at the curb-line thereof, a two-inch iron ring, or to erect thereat a suitable post, for hitching purposes ; and every owner of any such house or building, failing or neglecting to comply with the require- ments of this section, shall be subject to a penalty of not less than one dollar nor more than ten dollars. 626. Whoever shall lead, ride or drive any horse, mule, cow, or other like animal, upon, over or across any sidewalk or lawn, within the curb-line of any sidewalk in said city, except at the entrance to some building or lot, where no suitable crossing is provided ; or whoever shall suffer or per- mit any such animal, or any vehicle thereto attached, to be or remain upon any such sidewalk or lawn, to the obstruc- tion of travel thereon, or otherwise, shall be subject to a fine of not less than two dollars nor more than ten dollars for each and every offense. 627. Every owner or occupant of any dwelling house or other building, or proprietor or lessee of any inclosed lot or premises, and every person having the charge or control of any church, hall, or public building, within said city, shall, during the winter season, whenever there is a fall of snow, and by ten o’clock on every morning thereafter, clear the sidewalks in front of or adjoining such house, building or premises, from snow and ice, and keep the same con- veniently free therefrom ; or shall, in case the snow and ice are so congealed as not to be removed without difficulty or injury to the pavement, strew the same with ashes, sand or saw-dust ; and shall also, at all times, keep such sidewalks clear and free from dirt, filth, weeds or other obstructions, so as tcv allow pedestrians the safe and unobstructed use of 308 GENERAL ORDINANCES OF the same ; and every owner, occupant, or other person afore- said, who shall permit or allow such sidewalks to be or remain covered with snow, or other obstructions, contrary to the provisions of this section, shall be deemed guilty of maintaining a nuisance : Provided, that no person shall be obliged to clear any such sidewalk on Sunday, or during the continuance of any snow storm. Whoever shall violate, or shall fail or refuse to comply with any of the requirements of this section, shall, upon conviction, be fined not less than two dollars nor more than ten dollars for each offense. THE CITY OF SPRIFGFIELD. 309 / CHAPTER XXV. STEEETS AND ALLEYS. Akticle I. STEEETS, ALLEYS AND SIDEWALKS. Sec. 628 . No person not authorized by the city council, or by ordinance, shall make any excavation in any street, avenue, alley, sidewalk, or public ground, within the city of Springfield, without first obtaining the permission of the mayor, or the superintendent of streets ; and in the case of an excavation in any paved street, avenue or alley, such per- mission shall be in writing. Whoever violates the provisions of this section shall, upon conviction, be fined not less than five dollars nor more than fifty dollars for each offense : Provided, that this section shall not apply to any person making an excavation for the purpose of connecting any pri- vate drain or sewer with any public sewer, under a written permit from the city engineer. 629 . Any person making, or causing to be made, any excavation or ditch, for any purpose, in any street, avenue, alley or sidewalk, shall, without unnecessary delay, cause the same to be filled up to the proper level of such street, ave- nue, alley or sidewalk, and shall, from time to time, if neces- sary, repair the same, until the earth is completely settled, and the surface thereof conforms to the proper level or grade. Any person taking up or removing any paved or planked street, avenue,|alley or sidewalk, or any bridge or culvert, for any purpose, or negligently breaking or injuring the same, shall, without delay, cause such paved or planked street, avenue, alley or sidewalk, or bridge, or culvert, to be repaired and placed in the same condition as before the breaking or injuring thereof. Whoever shall violate or fail to comply with any of the requirements of this section shall incur a penalty, in each case, of not less than five dollars nor more than one hundred dollars ; and the street superintendent shall 310 GENERAL ORDINANCES OF forthwith cause such filling up or repairs to be made and completed, and the cost and expense thereof may be col- lected of the person whose duty it was to do the same, and recovered by a separate suit in the name of the city. 630 . Any contractor for any public work, or any officer or other person, making any excavation in any street, avenue, alley or sidewalk of the city, who shall leave the same open and unprotected by lights or otherwise, in the night time, so as to endanger the safety of persons or animals passing thereby, from falling therein, shall be liable to a fine of not less than ten dollars nor more than two hundred dollars for every such neglect. 631 . Whoever shall, for any private purpose, dig, remove, or carry away, . any earth, gravel or sod from any street, avenue, alley or public ground, without the express permis- sion of the city council, or of the street and alley committee thereof, shall forfeit and pay a penalty of one dollar for each and every load so removed or carried away ; and any officer of the city who shall use, sell or dispose of any earth, gravel or sod, from any street, avenue, alley or public ground, for his own private gain or benefit, shall be subject to a penalty of not less than twenty-five dollars nor more than one hun- dred dollars for each offense. 632 . No person shall make, or cause to be made, any inclosure, bridge, arched-way, or building of any kind, ex- tending upon, over or across any street, avenue, alley or sidewalk, within said city, under a penalty of not less than ten dollars nor more than one hundred dollars for each offense, and a further penalty of five dollars for every day that he shall allow such inclosure, bridge or building to re- main, after being notified to remove the same by the street superintendent, or the fire marshal. 633 . Whoever shall erect, or cause to be erected, any building or fence upon the line of any street, avenue or alley of the city, without first obtaining the proper line thereof from the city engineer, shall incur a penalty of not less than five dollars nor exceeding fifty dollars. 634 . No contractor, builder or other person shall encum- ber or obstruct any street, alley or sidewalk in the city with building or other like materials, without a written permit from the mayor therefor ; nor shall, except in case of neces- sity, and for a short time only, encumber or obstruct more than one-third of any street or alley, or one-half of any side- walk ; nor shall such" obstruction continue in any case longer than may be necessary in the diligent erection of such build- ing, or the prompt execution of the work. Whoever shall THE CITY or SPRINGFIELD. 311 violate any provision of this section, shall be subject to a tine of notv less than five dollars nor more than fifty dollars, and to a further fine of three dollaVs for each day after the first conviction that he shall continue in such violation. 635. Any owner or agent of real estate, or any contractor or builder, who may be about to qommence the erection of any building, or the alteration or improvement of any build- ing, in front of or abutting upon any street or avenue of the city, and when the construction, alteration or improvement of any such building will interfere, or be likely to interfere, with the free passage through or over the street, avenue or sidewalk, by reason of any excavation in or near the street or sidewalk, or by the placing in or upon the same of any building material, shall, before commencing such work, exe- cute an indemnifying bond to. said city, in such reasonable sum, and with such surety or sureties, as may be fixed by the mayor, to answer and pay all damages for any injury that may result to persons or property from any such inter- ference with or obstruction of such street or sidewalk. Any owner, contractor or builder who shall violate or fail to com- ply with the provisions of this section, shall, upon convic- tion, be fined not less than twenty-five dollars nor more than one hundred dollars. 636. No building, fence, fixture or other erection or in- closure heretofore erected or built, and encroaching in whole or in part upon any street, avenue, alley or sidewalk of the city, shall be repaired or rebuilt, under a penalty to the offender of not less than ten dollars nor more than two hundred dollars. 637. The owner of any building, or of any structure or inclosure, already erected or built, extending into or encroach- ing upon any street, avenue, alley or sidewalk within the city, who shall not remove the same within thirty days after being notified in writing to do so by the street superinten- dent or the city engineer, shall be subject to a fine of not less than ten dollars nor more than one hundred dollars, and to a further fine of ten dollars for every day, after the first conviction, that he shall fail or refuse to comply with such notice. And the city council may order and direct the superintendent of police to take down and remove such ob- struction or encroachment upon any street, avenue or alley, and the cost and expense of such taking down and removal may be collected by suit, in the name of the corporation, against the person or persons causing or erecting such encroachment or obstruction. 638. No person shall remove, or cause to be removed, any building through or along any street, avenue or alley of the city, without a written permit from the mayor therefor, 312 GENERAL ORDINANCES OF nor shall, in removing such building, unnecessarily encumber or obstruct any street, avenue or alley, nor for a longer time than may be necessary in the prompt and diligent removal thereof, under a penalty of ten dollars for each offense, and a further penalty of five dollars for every day that such building shall unnecessarily remain upon any street, avenue or alley. 639 . Whoever shall place, throw or leave, or shall cause to be placed, throw nor left, any obstruction or encumbrance in or upon any street, avenue or alley, except as authorized by ordinance, shall be liable to a fine of not less than three dollars nor more than twenty dollars, and to a further fine of one dollar for every two hours that he shall not remove such obstruction or encumbrance, after being notified to do so by the superintendent of streets, or any member of the police force. 640 . Any person who shall place or leave, or cause to be placed or left, any encroachment, obstruction or encum- brance in or upon any street, avenue, alley or sidewalk, shall, in all cases, be liable to the city and to private persons for all injury or damages arising therefrom. 641 . Whoever shall unhitch or leave any team of horses or mules, or any wagon, carriage or other like vehicle, in any street, avenue or alley, before or beside any private dwelling house, church or school house, within said city,, contrary to the wishes of the owner, occupant, or person in charge of the same, and shall not immediately remove such team or vehicle, when so requested, shall be subject to a penalty of two dollars for each and every offense. 642 . No person shall unhitch, feed, or leave standing any team of horses or other animals, or any wagon or other vehicle, in or upon any paved street or avenue of the city, under a penalty of not less than two dollars nor more than ten dollars for each offense : Provided, that this section shall not apply to licensed vehicles standing on the court house side of the public square, while waiting for employ- ment ; nor to the leaving of horses, or vehicles, used by merchants in the delivery of their goods or merchandise. 643 . Whoever shall obstruct any street or alley cross- ing, by unnecessarily stopping thereon with any team, animal or vehicle, so as to inconvenience or incommode persons passing or crossing the same, shall incur a penalty of not exceeding five dollars for each offense. 644 . When any street, avenue or alley shall be obstructed by a press of teams, vehicles, animals or persons, the mayor or superintendent of police, or any police officer of the city^ THE CITY OF SPRINGFIELD. 313 may give such orders and directions as shall be deemed necessary to abate the obstruction ; and whoever shall neglect or refuse to obey such orders or directions shall be subject to a penalty of three dollars. 645 . It shall be the duty of every person owning any lot or parcel of land adjoining any public or private alley in said city, to keep the same clean and in an inoffensive condition, and also to keep the gutter in front of the premises owned or occupied by him, under his control, free from filth or other offensive matter that may prevent the free flow of water therein. Any person failing or neglecting to comply with any provision of this section shall be subject to a penalty of not exceeding five dollars for each offense. 646 . Whoever shall leave open or permit to be left open any cellar door, basement entrance, vault, cistern, well, ditch or other like pit or hole, on or adjoining any street, avenue, alley or sidewalk, within said city, without securing or protecting the same, so as not to endanger the safety of persons or animals, passing thereby from falling therein, shall be subject to a fine of not less than five dollars nor more than fifty dollars for each offense ; and shall also be liable for all damages or injuries to persons or property arising from any such neglect, and for any damages that may be recovered against the city in consequence thereof. 647 . No person shall obstruct or incumber any street, avenue or alley of the city with any merchandise, fuel or other articles longer than may be nect:ssary in the dili- gent removal of the same, under a penalty of two dollars for each offense, and a further penalty of one dollar for every two hours that he shall permit such merchandise, fuel or other articles to remain, after being notified to remove the same by the superintendent of streets, or any member of the police force. 648 . No person shall throw, place or leave, or cause or permit to be thrown, placed or left, any ashes, dirt, filth or rubbish, in or upon any street, avenue, alley or sidewalk of said city, in front of or adjoining any building or premises owned or occupied by him, or subject to his control, under a penalty of not less than two dollars nor more than ten dollars in each case ; and a further penalty of one dollar for every two hours that such person shall permit such ashes, dirt, filth or rubbish to remain, after notice to remove the same by the superintendent of streets, the health in- spector, or any policeman. 314 GENERAL ORDINANCES OF CHAPTER XXVI. «TEEET LIGHTS. Ajiticle I. STREET LAMPS AND LIGHTS. Sec. 649. The city council may, from time to time, order the erection of such number of public lamps as shall be deemed necessary and expedient for the proper lighting of the streets of the city of Springfield ; and the committee on gas lights and markets thereof, shall direct the location of such lamps, and cause them to be so placed as to diffuse the light as equally as possible : Provided, that no new lamp posts or lamps shall be erected during any one year, unless the cost thereof shall have been provided for in the annual appropriation bill of such year. 650. All street lamps erected by order of the city council, shall be inspected and approved by the mayor and com- mittee on gas lights and markets, before being lighted at the expense of the city; and it shall be the duty of said com- mittee to cause the names of the respective streets or avenues to be affixed or painted, in plain letters, upon such public lamps. 651. Any gas light company, or other company or firm, having a contract with the city of Springfield for fighting its streets, or any of them, shall keep the public lamps under their charge well cleaned and in repair, and shall cause the same to be lighted at twilight every evening, and keep them lit and burning until the dawn of each day, except^when the clear moonlight shall render it unnecessary. 652. The mayor and committee on gas lights and markets- shall see that the public lamps of the city are kept clean and in good order, ^nd regularly lighted ; and if at any time there shall not be a sufficiency of light, by reason of an insuf- ficient flow of gas, or a lack of gasoline, or other burning fluid, or of the lamps not being kept clean, or otherwise, the contractor or contractors therefor shall, after notice from the mayor or any member of said committee, remedy such THE CITY OF SPRINGFIELD. 315 insufficiency, defect, or neglect of duty, without delay, and upon a failure to do so, they shall be subject to a propor- tionate reduction in their monthly or quarterly accounts, in the discretion of the city council. 653. The city council shall, annually, at the time of making appropriations and levying taxes for other corporate purposes, appropriate, levy and assess, a tax sufficient to defray the cost and expense of erecting and maintaining the necessary lamp posts and lamps, and of lighting the streets of said city for such year, and such tax shall be collected in the same manner as other general taxes, and paid into the city treasury to the credit of the street-lighting fund, and the treasurer shall keep a separate account thereof. 654. No person shall, without permission from the mayor, or the committee on gas lights and markets, take up, change or remove any public street-lamp post or lamp, in said city, under a penalty of not less than ten dollars nor more than fifty dollars for each offense : Provided, that any person, company or firm, ijaving a contract with the city for lighting and maintaining any such lamps, may, without such per- mission, take up and remove any lamp post or lamp, under his or their charge, for the purpose of repairing the same, or replacing it with a new one. 655. No person shall at any time light or extinguish, or cause to be lighted or extinguished, any public street-lamp, which any person,' company or firm, is or may be required to light or extinguish, under a contract or agreement with the city, except by the authority of such contractor or con- tractors, under a penalty of not less than three dollars nor more than twenty-five dollars for each offense. 656. The postoffice department is hereby given and granted permission, under the direction of the mayor, to attach postoffice boxes to the public lamp posts within said city ; and whoever shall break, deface, injure or remove any such post or mail box, so attached, shall be subject to a fine of not less than five dollars nor more than one hundred dollars. 657. It shall be the duty of the city clerk to furnish a certified copy of this chapter to each company, corporation, or firm, which now has, or may hereafter have, a contract or agreement with the city of Springfield for maintaining, lighting and extinguishing any of the public street-lamps. 316 GENERAL ORDINANCES OF CHAPTER XXVII. VEHICLES. Article I. Hacks. Coaches and Omnibuses. . II. Drays. Carts and Wasons. III. Stands for Licensed Vehicles. t Article I. HACKS, COACHES AND OMNIBUSES. Sec. 658 . No person shall engage in or pursue the occu- pation of carrying persons for hire in any hack, hackney- coach, omnibus or other vehicle, from one place to another, or shall keep or use any such vehicle for the conveyance of persons, for hire or wages, within the city of Springfield, without being specially licensed for such purpose, under a penalty of not less than one dollar nor more than five dol- lars for each person so carried without license : Provided, that only one license shall be required, under this section, for one vehicle, which may be issued to either the owner or driver thereof: aiid provided further, that the letting of car- riages, buggies or phaetons for hire, by the proprietors or keepers of livery stables, in the ordinary manner incident to their business, shall not be deemed a violation of this sec- tion. 659 . Any person desiring a license to keep or drive any hack, hackney-carriage, omnibus or other vehicle, for the carrying of passengers for hire within said city, shall apply, in writing, to the mayor therefor, and pay into the city treasury the sum of money or license fee elsewhere in this ordinance prescribed for such purpose, and shall also execute a bond to the city in the penal sum of three hundred dol- lars, with sureties, to be approved by the mayor, conditioned THE CLTY OF SPRINGFIELD. 317 for the faithful observance of all ordinances which are or may be in force, regulating or relating to his said occupa- tion, and thereupon such applicant shall be entitled to receive from the city clerk a license in due form. 660 . It shall be the duty of the city clerk to keep a register of the date and number of each license so issued, and to indorse upon each the number thereof ; and the per- son so licensed shall cause such num.ber to be plainly painted or affixed, in a conspicuous place, on the outside of his ve- hicle, and shall keep the same so painted or affixed during the continuance of his "license, under a penalty of one dollar for each and every day such vehicle may be used without being numbered or designated as aforesaid. 661 . Every licensed hackman, or driver of a hackney- coach or omnibus, engaged in conveying persons for hire, shall wear, in some conspicuous place about his person, a badge, or rectangular metal plate, on which shall be engraved, in plain letters, the word “hack,” or other word designating the kind of vehicle which he is authorized to drive, and also the number of the vehicle ; which badge he shall be entitled to receive from the city clerk, upon the payment of a fee of not exceeding fifty cents. 662 . Every hack or hackney-coach, licensed under the provisions of this article, or any ordinance of the city, shall, when driven in the night-time, have a lighted lamp affixed on some conspicuous part of both sides of the outside thereof ; and every omnibus, when driven in the night-time, shall have a lighted lamp fixed in or upon a conspicuous part of the front thereof. Any owner or driver of any such vehi- cle, who shall violate or fail to comply with the requirements of this section, shall incur a penalty of not less than three dollars nor more than ten dollars for each offense. 663 . Duly licensed owners or drivers of hacks, hackney- coaches, omnibuses or other vehicles, for the conveyance of persons or passengers for hire, within said city, shall be permitted to charge and receive the following prices and fees, and no more, to-wit : First — For conveying one passenger from one railroad depot to another, within the city, or for any distance not exceeding one mile, fifty cents ; for each additional passenger of the same family or party, twenty-five cents. Second — For conveying one passenger exceeding one mile, and any distance within the corporate limitsj one dollar; for each additional passenger of the same family or party, fifty cents. 318 GENERAL ORDINANCES OF Third — conveying children between five and fourteen years of age, one-half the above rates may be charged for like distances ; but no charge shall be made for children under five years of age. Fourth — For the use by the day of any hack, hackney- coach, or other vehicle drawn by two horses, with driver, not exceeding eight dollars. Fifth — For the use of any hackney-coach or other two- horse carriage, with driver, by the hour, with the privilege of going from place to place, and stopping as often as de- sired, the sum of two dollars for the first hour, and one dollar for each hour thereafter. Sixth — Each adult passenger in any such vehicle shall be allowed to have conveyed thereon, without charge, his ordi- nary traveling baggage, including one trunk. 664. Every licensed owner or driver of any hack, hack- ney-coach, omnibus, or other vehicle for the conveyance of persons for hire, within said city, shall place and keep fixed in some conspicuous part of the interior of his vehicle, where it can be conveniently read by persons riding in the same, a printed card containing the number of his license, and a copy of the foregoing section of this article, prescrib- ing the rates or fares authorized to be charged for trans- porting passengers. Any violation or failure to comply with the requirements of this section shall subject the offender to a penalty of three dollars, and to a further penalty of one dollar for each day, after the first conviction, that he shall continue to violate, or fail to comply with, the same. 665. Every driver or runner of any hack, hackney-car- riage, omnibus, or other vehicle for the conveyance of pas- sengers for hire, shall, while at any railroad depot within said city, remain with his vehicle ; and it shall be unlawful for any driver or runner aforesaid to leave his vehicle, at any passenger depot, to solicit passengers or baggage for any hotel, boarding house, or other such place : Provided, that this section shall not be construed to prevent any driver or runner from obtaining the baggage of travelers or other persons who may employ him at any such depot. 666. Any person, being the driver or manager of any vehicle for the conveyance of passengers for hire, licensed under any ordinance of the city, who shall, when requested, and on the tender of his lawful fare, refuse to carry any person, unless actually engaged at the time ; or who, having undertaken to carry any person, shall neglect or refuse to do as requested, he shall, in either case, be subject to a penalty of not less than two dollars nor more than ten dol- lars. THE CITY OF SPRINGFIELD. 319 667. Whenever any article of baggage, or package of goods, shall be left by any person in or upon any licensed hack, hackney-coach, omnibus, dray, wagon, or other vehicle for the conveyance of passengers, goods or baggage, within the city ; or when any such article or package shall be left in the care of the driver or runner of such vehicle, such driver or runner shall, upon the discovery thereof, forthwith deliver the same at police headquarters, into the hands of the officer on duty there, unless such article or package shall be sooner delivered by him to the owner or person entitled to the possession thereof. Any driver or runner of any such vehicle, neglecting or refusing to comply with any pro- vision of this section, shall forfeit and pay a penalty of not less than two dollars nor more than twenty-five dollars in each case. Article II. DRAYS, CARTS AND WAGONS. 668. No person shall engage in or follow the occupation of transporting goods for hire, in any vehicle, or shall keep, own or use any dray, cart, wagon, or other vehicle for the purpose of carrying goods, merchandise or other property, for hire or gain, from one place to another, within the city of Springfield, without having obtained a license therefor from the city, under the penalty of not exceeding five dol- lars for each load or parcel so carried without license : Pro- vided, that for wagons or other vehicles kept or used by merchants, manufacturers, lumbermen, or other persons, for the carrying of their own property, or the delivery with- out charge of articles or goods sold by them, or for the hauling of earth, sand or building material, no license fee shall be required. 669. Any person wanting a license to keep or run any dray, cart, job or express wagon, or other vehicle for the carrying of goods or property for hire, shall apply in writ- ing to the mayor, and upon paying into the city treasury the license fee prescribed by ordinance for such vehicle, and executing a bond to the city in the penal sum of three hun- dred dollars, with sureties to be approved by the mayor, conditioned for the prompt delivery of all property entrusted to his caie, and the due observance of all ordinances which are or may be in force, regulating or relating to his business or occupation, such applicant shall be entitled to receive a license in due form, and such license may be issued to either the owner or driver of the vehicle. 320 GENERAL ORDINANCES OF 670 . Every licensed owner or driver of any such vehicle, engaged in hauling goods or property for hire, within said city, shall have placed or painted on the outside of the bed or body of his vehicle, in plain figures, the number of his license, and shall keep the same so fixed or painted thereon during the continuance of such license, under a penalty of one dollar for each day that such vehicle may be used with-’ out being numbered as aforesaid. 671 . Draymen, carters, and owners or drivers of job, express and transportation wagons, licensed under the pro- visions of this article, or any ordinance of said city, and engaged in hauling goods, wares or merchandise, from one place to another, for hire or reward, shall be allowed to charge and receive, including loading and unloading of the same, the following rates or prices, to-wit : First — For transporting each load of 500 pounds weight or less, within a distance of four blocks, thirty-five cents ; over four blocks and not exceeding eight blocks, forty cents ; over eight blocks and within the city limits, fifty cents. Second — For loads of over 500 pounds weight, and when the distance is more than four blocks, twenty-five cents extra per load. Third — For each load of household furniture, of one-horse truck, within four blocks, fifty cents ; over four blocks and within the city limits, one dollar. Fourth — For a double truck load of household goods or furniture, within four blocks, seventy-five cents ; over four blocks and within the city limits, one dollar and fifty cents. 672 . Every person licensed as aforesaid to keep or use a dray, cart, wagon or other vehicle, for the carrying of goods or property for hire, within said city, shall at all times keep a certified copy of the foregoing section of this article prescribing the rates authorized to be charged for such ser- vices, and shall, upon demand, produce the same for the inspection of any person employing him, under a penalty of three dollars for every neglect or refusal so to do. And if any person so licensed shall produce any false or fraudulent certificate of rates to any person employing him, or seeking to employ him, he shall be subject to a penalty of not less than five dollars nor more than fifty dollars, and it shall be cause for revoking his license. 673 . No person, being the driver of any dray, cart, wagon, or other vehicle for transporting goods or property for hire, licensed under any ordinance of said city, shall, when requested by any one, and upon the tender of his lawful fare, refuse to carry any load or parcel, unless actu- ally employed- at the time ; nor, having undertaken to carry THE CITY OF SPRINGFIELD. 321 any load or parcel, shall neglect or refuse to do so as re- quested, under a penalty, in either case, of not less than two dollars nor more than ten dollars. 674. If any owner or driver of any vehicle, within said city, whether licensed as aforesaid or otherwise, and whether for the transporting of goods or passengers for hire, shall ask, take, charge or receive, either before or after the work is done, any greater sum for any transportation than he is authorized by ordinance to charge, he shall refund the excess of fare so received, and shall, on conviction, be fined not less than five dollars nor more than fifty dollars for each offense. Article III. STANDS FOR LICENSED VEHICLES — REGULATED BY THE POLICE SUPERINTENDENT . 675. So much of Washington, Adams, Fifth and Sixth streets, as is included within the Court House side or sides of the Public Square, in the city of Springfield, is hereby designated and set apart as a public stand for the use of vehicles, licensed under the ordinances of said city for trans- porting either persons or property for hire, while waiting for employment. 676. It shall be the duty of the superintendent of police of the city to designate the respective places within said defined space or limits for the different kinds of licensed vehicles to stand, so that each class shall be kept together: Provided, that no vehicle shall be permitted to stand cross- wise to the street, nor less than fifteen feet from any street crossing on said public square, nor so as to obstruct or impede the way to any of the four main entrances to the Court House grounds. 677. No owner or driver of any vehicle, licensed as afore- said, shall make a regular stand, while waiting for employ- ment, at any other place on any street, avenue or public ground, than is above provided in this article, under a penalty of two dollars for each offense, and a further penalty of one dollar for each day, after the first conviction, that the same may be continued. 678. All owners or drivers of licensed vehicles, for the conveyance of either goods or passengers from one place to another, for hire or reward, may pursue their vocations at or about any of the railroad depots in said city, subject to such reasonable rules and regulations, not inconsistent w —21 322 GENEEAL OEDINANCES OF the ordinances, as shall be prescribed for their government by the superintendent of police, with the concurrence of the mayor; and for any violation of such rules and regulations of said superintendent, after the samS shall have been made and posted upon or about said depots, the offender shall, for each offense, be subject to a fine of not less than five dollars nor more than twenty-five dollars. 679 . The superintendent, or any member, of the police force, shall have power and authority to order away from any public stand, railroad depot, or other public ground, within said city, any hack, hackney-coach, omnibus, dray, cart, wagon, or other vehicle for the conveyance of either persons or property for hire, whenever the same shall be obstructing any way or street, or whenever the horses or other animals attached thereto are unruly or unsafe, or whenever the driver or person having charge of any such vehicle is intoxicated or disorderly. If any driver or other person, being in charge of any such vehicle, shall neglect or refuse to obey any su^ order of the superintendent or other police officer of the city, he shall, on conviction, be fined not exceeding five dollars for every such offense. THE CITY OF SPEINGFIELD. 323 CHAPTER XXVIII. THE WATEE-WOKKS. Aeticle I. Board of Water Commissioners— Powers and Duties of— Assess- ments, etc. II. Provisions Delating to the Government and Protection of the Water- Works. III. Rules Governing the Use of Water, -and Regulating Plumbers and Plumbing Work. Article 1. THE BOARD OF WATER COMMISSIONERS — POWERS AND DUTIES OF — ASSESSMENTS — WARRANTS FOR, ETC. Sec. 680 . The board of water commissioners in and for the City of Springfield, now or hereafter to be elected, as provided by law, shall have the entire management and con- trol of the grounds, pumping works, machinery, reservoir, water mains, distributing pipes, hydrants, meters, and all other property and effects belonging to the water-works of said city. Said board shall have power to make all neces- sary excavations and improvements in and upon the water- works lands, and to lay all .necessary pipes and erect hydrants in and along the streets, avenues and alleys of the city, and also to construct jets and fountains in any of the public grounds thereof, with the consent of the city council. 681 . Each of the three commissioners composing said board, before entering upon the duties of his office, shall take the oath prescribed by law for other city officers, and execute a bond to the City of Springfield in the penal sum of six thousand dollars, with such sureties as the city coun- cil shall approve, conditioned for the faithful performance of his duties as such commissioner, and the payment of all moneys received by him, according to law; which oath and bond shall be filed with the city clerk. The superintendent of water- works shall, before he enters upon the duties of his office, give a bond to the city in the penal sum of two 324 GENERAL ORDINANCES OF thousand dollars, with sureties, to be approved by the city council or board of water commissioners, conditioned for the faithful performance of his duties as such superintendent. 682. It shall be the duty of the board of water com- missioners to erect and maintain public hydrants of such size and capacity, and in such localities, within said city, as they may deem necessary or desirable, for use in extinguish- ing fires ; and said board shall, from time to time, assess upon the person or persons owning or occupying any house or other building situated in the vicinity of any public hy- drant, when said house or other building is not supplied with water by a private hydrant, such amount as, in the judgment of the board, the owner or occupant of such house or other building may be benefitted by the use of such pub- lic hydrant ; and such assessment, when so made, shall become a lien upon such house or other building, and upon the lot or land on which the same may stand, when such house or other building and lot are owned by the same per- son or persons, and shall be collected in the same manner as other water rents of said city. 683. Said board of water commissioners shall, from time to time, assess the amounts to be paid for water used at each house or other building, against the owner or owners, occupant or occupants, of such house or other building, upon such basis as they shall deem just and equitable ; and such water rents, when so assessed, shall become a continuing lien upon such house or other building, for the accommoda- tion of which water shall have been introduced therein, and upon the land or lot on which such house or other building stands, when said lot or land and building are owned by the same person or persons, from the time the water shall have been introduced, as aforesaid. 684. It shall be the duty of said water commissioners to collect the rents so assessed, as required in the foregoing sections of this article ; and in case any person or persons, so assessed, shall neglect to pay any such assessment for ten days after the time fixed for the payment thereof, of which due notice shall be given in one or more newspapers published in said city, the said commissioners shall issue their warrant, under the seal of said corporation, directed to any constable of said city, or of the county of Sanga- mon, commanding him to make the amount specified in such warrant, being the amount due for water rents as aforesaid, together with the cost of advertising the same, and such fees as constables are allowed by the laws of the State of Illinois in the levy and sale‘of personal property upon exe- cution, out of the goods and chattels of the person or per- sons so assessed as aforesaid ; and the constable, in such THE CITY OF SPRINGFIELD, 325 case, may thereupon levy, under said warrant, upon the personal property of the person or persons against whom the same is issued, and sell the same, after first giving ten days’ notice of the time and place of sale, in some newspaper pub- lished in said city. 685 . In all cases where the hoard of water commissioners shall issue their warrant or warrants for the collection of any water rents due and unpaid, as provided in section twelve of the water-works charter, and the ordinances passed in pursuance thereof, the said warrants shall be signed by the presiding officer of said board, and by the secretary thereof, and sealed with the seal of said corporation, and shall be made returnable within seventy days from the date of the same. 686. Such warrants may be substantially in the follow- ing form: State of Illinois, ) Board of Water Commissioners, Vss. City of Springfield. ) The People of the State o/ Illinois, to any Constable of the city of Springfield, or county of Sangamon, greeting: Whereas.^Y the water- works charter of the City of Springfield, Illinois. and the ordinances of the city council of said city passed in pursuance thereof, the board of water commissioners are vested with power and required to assess the amounts to be paid for water used at each house or other building, against the owner or occupant thereof, and also to assess as water rents upon the owners or occupants of buildings situated upon lands or lots in the vicinity of public hydrants or fire plugs, such amounts as they shall deem equitable; And, whereas. Said commissioners did, in pursuance of said power and authority, make the following assessment of water rents upon and against A B, the owner or occupant (as the case may be) of the building situated upon the following described lot or parcel of land, to-wit: Lot block in addition to the city, amount of $ and cents, and against the said A B as the owner or occupant thereof; And, whereas. The said commissioners did give notice, as required by said water- works charter and the ordinances aforesaid, that they had made said assessment of rents, and also did give due notice of the time for the payment of the same; And, whereas. The said A B, against whom said assessment was made, has neglected and still neglects to pay said assessment; Now, therefore, you are hereby commanded to make, levy and collect the sum or sums herein specified, being the amount for water rents assessed as aforesaid, together with the cost of advertising the same, and your lawful fees, out of the goods, chattels and personal property of the said A B, assessed as aforesaid, and make due return in what manner you execute this warrant within seventy days from the date hereof. Witness the corporate seal of the Board of Water Commissioners, [SEAL.l this day of A. D. 18... President. Attest: Secretary. 687 . The secretary of said board shall take a receipt r ■'■he constable to whom any warrant may be delivered as aiw ffi, and file the same among the records of the bo rd. The constable receiving such warrant shall indorse 326 GENERAL ORDINANCES OF thereon the time of his receipt of the same, and shall pro- ceed under said warrant to levy upon the personal property of the person or persons against whom the same shall have been issued, and shall sell the said property, or so much thereof as may be necessary, to satisfy said ^assessment, and all lawful costs and charges, at public auction, after giving ten days’ notice of the time and place - of said sale in some newspaper published in said city of Springfield. 688. It shall be the duty of the board of water commis- sioners to return to the city council, as often as said board shall deem necessary, or the council may require, the war- rants for the collection of water rents issued by them as hereinbefore provided, which have been returned unsatisfied, and also to report to the council, at the same time, the lots or buildings to which the amounts specified in such warrants are respectively chargeable ; and the city council shall there- upon take like proceedings for the collection of such amounts as are provided by law for the collection of the amount due in any warrant for the collection of special sidewalk assess- ments or taxes, after such warrants have been returned unsatisfied, and the amount when collected shall be paid to said board. ' . 689. Said board of water commissioners shall keep, or cause to be kept, a full and accurate record of all its pro- ceedings, together with a list or lists of all assessments for water rents ; also books of account, showing with entire accuracy the amount of the receipts and expenditures of said board, and also to file and carefully preserve in their office, vouchers for all expenditures of the board; which record, books, lists and vouchers shall be, at all times, open to the examination of the finance committee of the city council, or any other committee or person appointed by the city council for such purpose. 690. It shall be the duty of said water commissioners to make report, in writing, to the city council semi-annually,^ on the first day of March and September in each year.* Such report shall embrace a statement of the funds and securities of said corporation, and of all debts due and owing to and from the same, together with an accurate account of the receipts and expenditures of the board during the half year ending with said report ; which report shall be certified to by said commissioners under oath, and shall be entered in full upon the journal of the city council. Said board shall also make an annual report to the city council, at the close of each fiscal year, showing in detail the receipts THE CITY OE SPRINGFIELD. 327 and expenditures of the board for such year, together with such other information in regard to the water-works as they may deem important to the city. Article II. PROVISIONS RELATING TO THE GOVERNMENT AND PROTECTION OF THE WATER-WORKS. 691 . It shall be unlawful for any person or persons to erect or maintain any slaughter-house, lard or tallow rendery, soap factory, tannery or distillery upon or near the Sangamon river, above the pumping works building of said water- works, and below the town of Eiverton, in Sangamon county ; and no person shall throw or deposit any dead animal or carcass, or any filth into the Sangamon river within three hundred yards below said pumping works, or put or drive any hogs or other animals into or across said river, within a like distance above or below said works. Nor shall any person throw or deposit any filth, offal dead animal or other unhealthy matter or substance in said river, above said pumping works, or above the point or place from which the city of Springfield is supplied with water, and within five miles without the corporate limits of said city. Whoever shall violate any of the foregoing provisions of this section, shall be deemed guilty of polluting or injuring the waters of said Sangamon river, and shall, upon conviction, be fined not less than ten dollars nor more than two hun- dred dollars for each and every offense. 692 . It shall be unlawful for any person, at any time, to go into the Sangamon river to bathe or swim, within five hundred yards above said pumping works building, or within three hundred yards below the same, under a penalty of not less than three dollars nor more than ten dollars for each offense ; and it shall be the duty of the water-works commissioners and the superintendent to see that the provisions of this and the preceding sections of this article are strictly enforced. 693 . No person shall ascend or climb up and down the reservoir embankment of said water-works, except by the stair- ways built for that purpose, or in any way injure said embank- ment, or any water main or pipes connected with the reser- voir; nor shall injure, remove or carry away any tree, shrub or plant, or anything placed in the reservoir grounds for use or ornament ; nor shall cut, deface or injure any shade tree, gateway, fence, or other inclosure belonging to the reservoir grounds ; nor shall throw or deposit any filth, offal 328 GENERAL ORDINANCES OF or dead animal into the reservoir basin, or into the lakes surrounding the same, under a penalty of not less than three dollars nor more than one hundred dollars for each offense. It is hereby made the duty of the superintendent of the water- works, and of the watchman in charge of said reservoir grounds or park, to prosecute all persons violating any of the provisions of this section. 694. No person shall take or use any water from any private hydrant, or from any cistern which may have been filled in whole or in part from -the water- works, unless such person shall have paid for the same, and received a permit to do so from the secretary or superintendent of said works, under a penalty of not exceeding five dollars for each and every offense. 695. Upon the return of any bill to thej office of said board for non-payment, the water may be immediately shut off from the consumer so failing to pay; and when there is a cistern on the premises, it shall not be turned on again until the water rent is paid as in ordinary cases, and also all back rent, including up to the end of the term or half year in which the water was turned off, and where there is no cistern on the premises, the back rents shall be paid up to the time when the water was shut off. 696. In all cases where there is a cistern on the premises, and the water from said works is not used and paid for for three months in succession, it shall be lawful for the superin- tendent or secretary of said board to have the ferrule drawn at the expense of the owner of the premises, or of the per- son who may wish the water turned on again : Provided, that ten days’ notice shall be given to the owner or occupant of such premises before the ferrule is drawn, and the same rule shall apply to all hydrants that have not been used and paid for during the preceding three months ; and when there is no cistern on the premises, and the hydrant or other fix- ture is or shall be out of use for six months, the superin- tendent or secretary shall, in like manner, have power to cause the ferrule to be drawn at the expense of the owner or occupant of the premises; and in all cases where the water has been turned off for non-payment of the water rent, or by any other rule of the board of water- works, by order of any officer thereof, and afterward found on again, the superin- tendent or secretary shall cause- the ferrule to be drawn, and it shall not be re-instated again until all back rents are paid up, and five dollars additional for drawing and replacing the ferrule. This section, and the section immediately preced- ing, shall not be so construed as to affect new occupants of premises, who are not indebted for previous water rents. THE CITY OF SPRINGFIELD. 329 697. In all cases where there is a cistern on a line between two separate premises, so situated that it can be filled from any hydrant or pipe connected with the water-works, and liable to be used by the occupants of both premises, the water shall not be allowed on either, unless all the families using such water from such cistern shall pay proportion- ately for the same. 698. All plumbers desiring to obtain permits to make attachments, enter hydrants, or to do any plumbing work in connection with the water-works in the city of Springfield, shall, before receiving any permit so to do, file in the office of the board of water commissioners their petition in writing, giving their place of business and the name of the person or firm asking to become or continue, as the case may be, a plumber in connection with said works, stating their will- ingness to be governed by the by-laws, rules and regula- tions of said works, passed by said board of commissioners, or the city council of said city, and every such plumber shall conform to and be subject to all and singular the rules and regulations, conditions and penalties, herein provided, or which may hereafter be adopted by said board or city council. 699. All plumbers shall make full and complete returns of the uses for and to which water is applied, under any permit granted to enter any premises, or to make any attachments in connection with said water-works ; said returns to be made by the plumber or plumbers doing the work, on the first day of each month, showing the work done during the preceding month. And no water shall be let on to any premises until a full return is made by the plumber, in accordance with the rules and regulations here- inafter prescribed. In making such report or return of permits, the plumber shall make an accurate and complete measurement of the distance north, south, east and west from the comer of the nearest street running at right angles with the street, alley, or other public place, from which such entry is made, the measurement to be made in a direct line with the face or front of the houses on such right angle street ; said return shall also state the name of the street containing the pipe into which such entry has been made, and whether the hydrant or other fixtures enters on the north, south, east or west side of the same, the exact location of the stop-cock, and how far back of the stop-cock such hydrant or fixture is placed. It shall be the duty of the superintendent of the water-works to see that the pro- visions of this section are strictly complied with in all re- spects. 330 GENERAL ORDINANCES OF 700 . No street, alley, highway or other public place shall be opened, or public pipes bored, or attachments made to any of the water pipes belonging to said city, unless under the direction or by the consent of the board of water commissioners, or their proper officers or employes, nor shall it be lawful for any person or persons to enter and conduct water from said pipes to any hydrant, bath, water- closet, cistern, or for any other purpose whatever, except in accordance with the written consent of the proper officers of the water-works, under a penalty of not less than ten dollars nor more than one hundred dollars for each and every such offense. 701 . No plumber shall be permitted to enter the pipes or conduct water into any two distinct premises or tene- ments, unless separate and distinct stop-cocks shall be placed on the inside of such premises, on the sidewalk, or in the alley opposite the same, and also an additional main- stop on the sidewalk opposite the ferrule ; nor shall pipe be allowed to cross lots to adjoining premises. 702 . No ferrule shall be entered by any plumber or other person in any premises, when a ferrule has been previously inserted, or water conveyed for the purpose of giving an increased or additional supply, except in conformity with and subject to the rules and regulations of said water- works. Nor shall any two ferrules be entered in any of the leading mains within the distance of two feet from each other, nor shall any of the main pipes of the city, above the inside diameter of ten inches, be tapped for any purpose except to make connection with other mains, or for fire purposes ; nor shall any attachment be made to any premises where the use of water has been previously had or obtained, until the ferrule or ferrules previously used and now out of use shall be drawn, and the opening where such ferrule or Jerrules were previously inserted shall have been securely stopped with a brass plug, at the expense of the person owning the premises. 703 . No ferrule shall be inserted in any of the leading water mains above the size of five-eighths (f) of an inch in- side diameter of opening, unless with the consent of the chief executive officer of the water-works, and in all cases where ferrules of a larger size are asked for, permits shall only be granted to enter such ferrules on condition that the parties obtaining such grant shall pay the cost of ferrules. 704 . In removing pavements, or making excavations for the purpose of inserting ferrules, making attachments or re- pairs, the earth and gravel must be deposited in such man- THE CITY OF SPRINGFIELD. 331 ner as to guard against inconvenience to the public, by ob- structing streets, alleys or sidewalks. Nor shall any hole made in any street, alley or sidewalk be left open and unpro- tected during the night. 705. No plumber or other person shall make any attach- ment to any old pipe or other fixture, which has been shut off by the rules of the water-works, or which is out of use, without having first obtained a permit or re-issue. Nor shall any plumber or other person make any alteration in any of the conduct-pipes or other fixtures attached to the water- works, so as to conduct water into adjoining premises, with- out a written permit to do so, signed by the proper officer of said works. 706. No person shall place a hydrant in any front yard or common of any premises, so as to, be easily accessible to persons living in or occupying neighboring premises ; and the water shall not be allowed to pass to such hydrant, or, if turned on to any hydrant now or hereafter so put in, shall be shut off, until such hydrants is removed to some unexposed place on said premises. 707. All attachments by ferrules or otherwise to the main feeding pipes shall be made by the water-works em- ployes, under the supervision of the proper officer of the works, and all ferrules, and the costs of inserting the same, shall be paid for by the plumber in whose name the permit issued. 708. All service pipe of whatever nature put down by plumbers, and attached to the water-works, shall be of a quality and strength equal to the standard adopted by the board of water commissioners. 709. Plumbers making repairs to hydrants or other fix- tures attached to the water-works, in cases where the water has been shut off on account of leaks or other defects, shall give to the owner or occupant of the premises a written cer- tificate, stating that such hydrant has been properly repaired ; otherwise, the water shall not be let on, and no plumber shall, after making such repair, or after putting in any new hydrant or other attachment, leave the stops open and water on. 710. Every plumber who shall make an attachment to any hydrant or pipe, for the purpose of conducting water to any stable,^ bath, water-closet, or for any additional use, shall report sucn attachment or change, within ten days thereafter, and enter the same, in a concise manner, in a book to be kept for that purpose in the office of the secretary of said board. 332 GENERAL ORDINANCES OF 711 . Any plumber or other person who shall violate or fail to comply with the provisions of any of the twelve last preceding sections of this article, shall, upon conviction thereof, be fined in any sum not less than five dollars nor more than one hundred dollars for each offense, and shall also be liable for all damages that may accrue to the water- works from any such violation or failure to comply. Article III. RULES GOVERNING THE USE OF WATER, AND REGULATING PLUMBERS AND PLUMBING WORK. 712 . The following rules and regulations are hereby adopted, governing the use of water from the water-works in said city: First . — All applications for water shall state fully and truly all the purposes for which it is required, and shall be signed by the owner or agent of the premises ; and, in case of fraud- ulent use of the water, the supply will be stopped, unless the person shall promptly pay such additional and reasonable charges as the board of water commissioners may impose. Second . — No addition or alteration whatever, in or about any conduct-pipe or water-cock, shall be made, or caused to be made, by persons taking the water, without notice thereof being previously given to, and permission had from, the said board. Third . — All water rents and benefits shall be due and pay- able annually, in advance, at the office of the board, from the first day of July in each and every year. Fourth . — All .officers and employes of the water-works shall have free access, at all reasonable hours, to premises where water is used. Fifth. — Hydrants, plugs, stop-boxes, hose, and all other attachments must be kept in complete repair by the owner or occupant of the premises. Sixth.—'^o person, without a written permit from the board, shall be allowed to turn a public or private stop-cock. Seventh . — All service pipe must be laid at least four feet below the surface of the ground, and all pipe outside the public stop must be “extra strong.” Eighth . — In all cases where more than one family or con- sumer is supplied from a .pipe or pipes governed by one stop, the owner or lessee of the building, or the party introducing THE CITY OF SPRINGFIELD. 333 the water, must become responsible for the payment of all bills, and the keeping in good repair of all pipes, hydrants, etc., otherwise, the water will be shut off from the building so supplied, until such responsibility is assumed. Ninth . — Hydrants must not be located so as to be exposed to use by non-paying consumers, and all hydrants so situated must be removed to some secure location, upon notice, or the water will be turned off. No hydrant will be permitted on the sidewalk, or in the front area of premises, neither will they be permitted to be kept running when not in actual use by the owner or occupant. Taps at wash-basins, water- closets, baths and urinals, must be kept closed in like manner. Tenth . — Upon the return of a bill to the office for non- payment, the water may be immediately shut off, and where the ferrule is drawn, five dollars additional will be charged for re-setting the same. Eleventh . — In all cases where water is turned off for abuse, the owner or occupant of the premises shall pay fifty cents for turning off the water, and the same sum for turning it on. Twelfth . — No ferrule, stop-cock, stop-box, or pipe between the stop-cock and street-pipe, shall be removed without per- mission of the board. Thirteenth . — Persons using water from the works and any other source, as wells and cisterns, to be charged full rates for their establishments, except when the amount taken from the water- works is determined by meter; and no owner of any house, building or premises where water is introduced, shall be allowed to supply or permit water to be taken by any other person. Fourteenth . — Persons desirous of obtaining water for build- ing purposes, or those having the water introduced into their premises, desiring the use of the same for that purpose, must, before such use, apply to the board of water commis- sioners therefor, and at the same time agree to render a true account of all brick, stone, plastering, or other work for which the water is used in building, and pay the rate or charge made by the board therefor ; and in no case shall the person or persons using or permitting the use of the water for building purposes be relieved from the responsi- bility to said board for the use thereof ; and the use of the water in all cases without such permission as aforesaid shall be deemed a fraudulent use thereof, and be subject to the penalties hereinafter mentioned. Fifteenth . — The following abuses are absolutely prohibited : 1st. Permitting or allowing the water to be used for any other purposes than those authorized by the permit. 2d. 334 GENERAL ORDINANCES OF Permitting leaks. 3d. Allowing water to flow unnecessarily while washing pavements, or for similar purposes. 4th. Sprinkling gardens, streets or sidewalks, or washing carriages, omnibuses, cars, or other vehicles with hose, without a special permit obtained and paid for at the office of the board ; and in no case will hose be allowed for the above uses with flows or nozzles, when used for washing carriages and other vehicles, greater than one-eighth of an inch, and for other purposes greater than one-quarter of an inch diameter of circular opening, or their equivalent. Sixteenth . — Hose for garden purposes may be used not exceeding two hours in the morning, and two hours in the evening ; and if allowed to run, except when thus used, the water will be shut off without previous notice. The practice of affixing sprinklers with the water turned on to trees, or otherwise allowing them to flow without limit or control, at other hours, is a violation of the rules, which will be enforced in all cases of this kind. Seventeenth . — A “wash-pavement” will allow the use of hose for cleaning windows, floors, and washing sidewalks of one premise only, and while washing sidewalks no unnecessary flow of water will be allowed. This service should be per- formed at such hours of the day as will least incommode business and travel. Persons owning or occupying adjoining buildings, and desirous of using water from the same “wash- pavement,” must first obtain permission of the board for such use, and pay therefor. Eighteenth . — Persons desirous of sprinkling the street in front of their premises with hose from a “wash-pavement,” or any other source, must first obtain a special permit from the board, and pay the rate charged for the use of water for such purpose. The rate for that purpose will be twenty- five cents per lineal foot of the premises, and extend to the middle of the street only. 713. If any person shall violate, or neglect or refuse to conform to any of the foregoing rules and regulations, the water shall be turned off from his premises, and he shall forfeit his water rent, and shall be liable to a fine of not exceeding twenty-five dollars in each case. 714. The following rules and regulations are hereby adopted, regulating plumbers and plumbing work, in con- nection with the water-works : First . — Any plumber who shall have been duly licensed by said board, and who shall have given bond for the perform- ance of plumbing work to be done on the water-works, may, THE CITY OF SPKINGFIELD. 335 upon the application of any person desirous of obtaining water, introduce the same into any house or other place, by first procuring a permit from the secretary for each and every opening required. Second . — All applications for permits must be made in writing, upon blank forms furnished by the secretary, and signed by the applicant and plumber doing the work. Third . — No person, except the tapper employed by the superintendent, shall, under any circumstances, tap the dis- tributing pipes, or insert ferrules. Fourth . — All plumbing work shall be done in the manner required by the superintendent, and shall be subject to his inspection and approval, and no work under ground shall be covered up until examined by him or his assistants. Fifth . — A stop-cock shall be placed in every attachment to the water-works. In streets, it shall be under the sidewalks, within one foot of the curbstone ; and in alleys, it shall be within one foot of the side line of the same. Each house shall have a separate hydrant, and stop and waste, the lat- ter placed four feet beneath the surface of the ground; and all stop-cocks located on the sidewalk or alley, under the control of the board, shall have a strong and suitable T head. They shall be inclosed in a case of iron, coming up even wdth the surface of the ground, and covered with a tight-fitting iron lid, with the letter “W” cast upon it. The pattern of all the appurtenances shall be subject to the approval of the board. Sixth . — The street must be opened in the manner which will occasion the least inconvenience to the public, and ad- mit of the uninterrupted passage of the water along the gutter; and in all cases where the sidewalk or street shall be opened for the purpose of putting down any service pipe for the introduction of water, the plumber shall replace and restore such sidewalk or street to as good a condition as he found it, and take care that in filling such opening the earth shall be left in as firm and solid a condition, and as level, as when opened. No excavation in any public place shall be left open, and every precaution must be taken to insure the public safety. Seventh. — Stop-cocks, and other appurtenances, must be sufficiently strong to resist the pressure of the water. Eighth . — Whenever new attachments are to be made, in place of old ones, permits must be obtained in the usual manner, and the superintendent must be notified to draw the old tap and insert the new. No more than one house shall be supplied from one tap. 336 GENERAL ORDINANCES OF Ninth , — All applications for making attachments larger than three-quarters of an inch, must have the approval of the super- intendent before the secretary shall issue a permit therefor. Tenth . — The boring of the pipes and the insertion of the taps shall be done under the direction of the superintendent, who shairbe given at least six hours’ notice by the plumber ; and no tap shall be inserted after four o’clock P. M. of any day. Eleventh . — No plumber, in making original connections with the distributing water-mains, except for the purpose of test- ing his plumbing work at the time of doing the same, shall let on the water to such connection, without permission so to do ; nor shall any plumber, as aforesaid, shut off the water, when a connection has been made, except for the purpose of making an extension, change or alteration in any building, or on any premises, at the time of making the same ; the letting on water to, and the turning water off from, all buildings and premises, except as aforesaid, being exclusively under the control of the board of water commis- sioners ; and no such change, extension or alteration shall be made without notice being given to, and permission obtained from, the said board. Tivelfth . — All lead pipes used to convey water from street mains of the water-works shall be of the following strength and thickness, and of the following weight per lineal foot for the several sizes, to-wit: (All to be “extra strong.”) 34 inch bore must weigh 1 m 134 m 2 234 3 334 2 pounds and 7 ounces per foot. 3 0 . 3 10 . 4 12 . 6 0 , 7 2 . 8 4 9 8 .16 2 .19 11 .21 12 Thirteenth . — No person shall lay any water-service pipe, or introduce into any building or any grounds any water pipes, or do any plumbing work in any building or on any grounds, for the purpose of connecting such pipes or plumbing work with the pipes of the Springfield water- works, or of prepar- ing them for such connections with the view of having such premises supplied with water by the said water-works ; or shall make any addition to or alteration of any water pipe, bath, water-closet, stop-cock, or other fixtures or apparatus for the supplying of any premises with water, without being duly licensed to perform such work by the board of water commissioners of the city of Springfield, and without having first obtained a permit for the doing of such work from the said board. THE CITY OF SPRINGFIELD. 387 715. Any person violating or failing to conform to any of the above and foregoing rules and regulations shall, upon conviction thereof, be fined in any sum not exceeding twenty- five dollars for each offense ; and if such person be a licensed plumber, his license may also be forfeited. 716. The board of water commissioners of the city of Springfield are hereby authorized and empowered to issue to any plumber applying therefor, a license to do plumbing work in connection with the water-works of said city, under such rules and regulations as are in force, or which may hereafter be adopted by said board. 717. Before any license shall be issued as aforesaid, the applicant shall file with the said board, his bond in the penal sum of twenty-five hundred dollars, with at least two good sureties, to be approved by the board, conditioned to indem- nify and save harmless the city of Springfield and the said commissioners of and from all accidents and damages con- sequent therefrom, for or by reason of any opening in any street, avenue or alley made by him, or by those in his employment, for the purpose of putting down any service pipe or pipes for the introduction of water, or for any pur- pose whatsoever, or by any unfaithful or inadequate work done by virtue of his license, and that he shall also replace and restore the street pavement or roadway over such open- ing to as good condition as he found it, and keep and main- tain the same in good order, to the satisfaction of said commissioners, for the period of three months next there- after, and shall conform in all respects to the rules and regulations established by said board of water commis- sioners, and pay all fines that may be imposed for any violation thereof. —22 338 GENEKAL ORDINANCES OF / CHAPTER XXIX. MISCELLANEOUS ORDINANCES. Abticle I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XIL XIII. XIV. XV. XVI. XVTI. XVIII. XIX. XX. XXI. XXII. XXIII. XXIV. Appropriations and Accounts. Additions. Amusements. Auctioneers. Awnings. Billiards and Ball Alleys. Brokers and Moneychangers. Corporate Seal. House Numbering. Insurance Companies and Agents. Idiots and Lunatics. Ordinaries. Pawnbrokers. Partition and Barbed Wire Fences. Peddlers. Porters and Runners. Scavengers. Second-hand and Junk Dealers. Signs. Telegraphs, Telephones, Etc. •Trees. Town Assessor. Wards and Ward Boundaries. Penalty— Repeal— Proviso— When Ordinance in force. Article I. APPROPRIATIONS AND ACCOUNTS. Sec. 718 . The city council of the city of Springfield shall, as soon as practicable after the commencement of each fiscal year, and within the first quarter thereof, pass an ordinance to be termed the annual appropriation bill, in which they shall appropriate such sums of money as may be deemed necessary to defray all necessary expenses and liabilities of the city government during that fiscal year, and in such ordinance shall specify the different objects and pur- poses for which such appropriations are made, and the amount appropriated for each object or purpose; and no further appropriations shall be made at any time during such fiscal year, except as otherwise expressly provided by law. THE CITY OF SPKINGFIELD. 339 719. When any appropriation for any specific object or fund shall have been exhausted, the city comptroller shall, without delay, notify the city council thereof, and thereafter no warrant shall be drawn against the same until the further orders of the city council; and no additional appropriation to any such fund shall be made by the city council during the fiscal year, and no expenditure for any improvement to be paid for out of the general fund of the corporation shall exceed, in any one year, the amount provided for such im- provement in the annual appropriation bill, except as other- wise specially provided by law. 720. No account or claim against the city of Springfield, except for the salaries of city officers or regular employes, or for the payment of a special contract made by order of the city council, or by some officer of the city authorized by the city council or by ordinance to make the same, or for the payment of the fee bills of officers of courts of rec- ord, shall be audited or allowed, or any warrant issued for the payment thereof, unless the person presenting the same, or some other credible person for him, shall make oath be- fore the mayor or city clerk, upon the presentation or filing of such account, that the same is just, correct and reason- able. 721. And no claim or account against said city, upon any contract made or debt incurred by any city officer by authority of the city council, or of any ordinance, shall be audited or allowed, or any warrant issued for the payment thereof, unless accompanied with the certificate of the officer by whom or under whose authority the same was contracted or incurred, stating that he has examined such claim or account, and believes that it is just, correct and reasonable, and in accordance with the contract. Article II. ADDITIONS. 722. Any addition which may be made to the city of {Springfield, or any lands within the same which may be subscribed and laid out into lots or blocks, shall be so laid out, surveyed and platted, as that the blocks or other sub- divisions thereof shall conform to the regular blocks of the addition or additions adjoining such proposed addition or sub-division, and the streets and alleys shall correspond with, and conform to, the previously established streets and alleys with which they may connect, and shall continue the same. 340 GENERAL ORDINANCES OF 723. Any owner or agent of real estate, who may wish to lay out any addition or suh-division of lands, within said city, shall submit his map or plat of such proposed addition or sub-division to the city council, and obtain their approval of the same, which approval shall be certified thereon by the city clerk, before selling or offering for sale any lot or block in such proposed addition or sub-division, under a penalty of one hundred dollars, and a further penalty of fifty dollars for each lot, or part thereof, so sold by him, contrary to the provisions of this section. Article III. AMUSEMENTS. 724. No person, company or troupe shall exhibit any menagerie or circus, or give any theatrical or other exhibi- tion, show or amusement, for gain or profit, within the limits of the city of Springfield, without having first obtained a license in due form from the city for such purpose, under a penalty of not less than five dollars nor more one hun- dred dollars for each offense : Provided, however, that no li- cense shall be required for any concert, lecture, dramatic reading, tableaux, fair, or other such amusement or enter- tainment, given by societies or citizens of said city, or other persons, exclusively for charitable or benevolent purposes. 725. No person shall be allowed to give any concert or other like entertainment, for gain, in any licensed saloon or dram-shop, or in any place the entrance to which is through any saloon or dram-shop, within said city, without a special permit from the mayor therefor, under a penalty of not less than five dollars nor more than fifty dollars in each case. 726. It shall be the duty of every proprietor or lessee of any theatre or public hall, and of every person giving or conducting any show or amusement, within the city, to pre- serve good order in and about his premises or place of ex- hibition or amusement, and, if necessary for that purpose, he shall employ, at his own expense, a sufficient number of special policemen. 727. No person shall exhibit any lung-tester, lifting appa- ratus, doll-rack, galvanic battery, or other instrument or device, for gain or profit, within said city, without having first procured a license therefor, un.der a penalty of not exceeding five dollars for each offense. The license fee under this section shall be three dollars for one week or less, and five dollars for two weeks. THE CITY OF SPRINGFIELD. 341 Article IV. AUCTIONEERS. 728 . No person shall pursue the occupation of an auc- tioneer, or shall sell or cry for sale real or personal prop- erty at public auction, within the city of Springfield, without a license from the city therefor, under a penalty of not less than five dollars nor exceeding one hundred dollars for each offense: Provided, that this section shall not apply to sales made by any officer under and by virtue of legal process, nor to sales made under a mortgage or deed of trust. 729 . Any person may become licensed as an auctioneer upon making written application to the mayor and paying into the city treasury the sum of one hundred dollars, and upon executing a bond to the corporation in the penal sum of two thousand dollars, with at least two sureties, to be approved by the mayor, conditioned for the due observance of all ordinances of said city now in force, or which may be passed and in force during the period of such license regu- lating or relating to his said occupation, and also for the prompt payment of all moneys and the delivery of all goods which may come into his hands as such auctioneer. 730 . No auctioneer shall, by himself, his co-partner or clerk, sell or offer for sale, at public auction, any goods, merchandise or other personal property in any other build- ing or place, within said city, than that in which he is authorized to sell by his said license, without a special per- mit from the mayor (which may be granted at any time upon application therefor), under a penalty of five dollars for each offense. 731 . Any auctioneer or other person, who shall sell or attempt to sell, or shall cry for sale, at public auction, any goods, wares or merchandise, or other property, in or upon any street, avenue or sidewalk of said city, so as to collect a crowd of people thereon, whereby the travel or passage of such street or sidewalk, by any person or persons, is hindered or prevented, shall be deemed guilty of obstructing the streets or sidewalks, and shall be subject to a fine of not less than three dollars nor more than twenty-five dollars for every such offense. 732 . Any auctioneer, licensed as aforesaid, who shall, by himself or clerk, offer for sale at auction, any article of property, and induce its purchase by any bidder, and after- ward substitute another and inferior article in lieu of that offered to and purchased by the bidder ; or who shall know- 342 GENERAL ORDINANCES OP ingly make any false representation or statement of the ownership or quality of any article offered by him for sale at auction, with the intent to induce any person to purchase the same, shall be liable to a fine of not less than ten dol- lars nor more than one hundred dollars for each offense, and a conviction under this section shall be deemed cause for the revocation of his license. Article V. AWNINGS. 733 . All awnings hereafter erected, and extending over any sidewalk within that portion of the city of Springfield established as the “4’ire Limits,” shall be elevated at least eight feet at the lowest part thereof above the level of the sidewalk, and shall not project over the sidewalk to exceed two-thirds the width thereof. The roof or covering of all such awnings shall be of duck, canvass, or other suitable cloth, and they shall be supported without posts by iron brackets, or by an iron or other metallic framework, attached firmly to the. building, so as to leave the sidewalk wholly unobstructed thereby. Any person who shall erect or main- tain, or cause to be erected or maintained, any awning con- trary to the provisions of this section, shall be subject to a fine of not less than five dollars nor more than twenty-five dollars for each offense, and to a further fine of three dollars for every day he shall fail to change or remove such unlaw- ful awning, after written notice to do so by the superin- tendent of police, or any member of the police force of said city. 734 . No awning heretofore erected within said “Fire Limits,” and constructed in whole or in part of wood, shall, after the taking effect of this ordinance, be improved, enlarged or repaired, except that the pillars or posts sustaining the same shall be removed to the curb line of the sidewalk, when not already at such line ; and whenever any such awning shall become decayed or insecure, or dangerous to the safety of persons passing thereunder, the same shall be deemed, and is hereby declared to be, a nuisance, and the owner or occupant of the premises in front, of which such nuisance is located, shall abate or remove the same without delay; and in case of his neglect or refusal to do so, the city council may order the superintendent of police to take down and remove such awning, after first giving three days’ notice in writing to the owner or occupant of the premises, THE CITY OF SPBINGFIELD. 343 and the cost of such removal may be recovered of such owner or occupant in an action of debt, in the name of the city. Any property owner or other person violating or fail- ing to comply with any of the provisions or requirements of this section, shall, upon conviction, be fined not less than five dollars nor more than fifty dollars for each offense, and shall be subject to a further fine of five dollars for every day, after the first conviction, that he shall continue in such violation or failure to comply. 735. Awnings of wood may be erected over sidewalks without the fire limits, in said city; but such awnings shall be supported by stout oak or pine posts, or by wrought or cast iron pillars not less than two inches in diameter, which shall be firmly set upon the extreme outer edge of the side- walk, not more than seven feet apart, and shall be of suffi- cient length to elevate the awning in the lowest part thereof at least ten feet above the sidewalk ; and the whole shall be securely attached to the house or building before which it may stand, and be at all times kept in good repair. Any wooden awning already erected without the fire limits, in a manner different from that herein prescribed, shall not be repaired, under a penalty to the offender of not less than five dollars nor more than twenty-five dollars for each offense : Provided, that such awning may be changed so as to con- form to the requirements hereof. 736. Whoever shall erect 'or construct, or cause to be erected or constructed, any wooden awning without said fire limits, contrary to the requirements of the last section hereof, or shall permit any awning in front of any building or premises owned or occupied by him to become decayed and insecure, or dangerous to the safety of persons passing under the same, shall be subject to a penalty of not less than five dollars nor more than fifty dollars for each offense, and to a further penalty of five dollars for every day, after the first conviciion, that he shall continue in violation of any pro- vision or requirement of this section. And the city council may order and direct the superintendent of police to remove such decayed or dangerous awning, upon his first giving three days’ notice, in writing, to the owner or occupant of the premises. 344 GENERAL ORDINANCES OF Article VI. BILLIARDS AND BALL ALLEYS. 737 . No person shall, within the limits of the city of Springfield, open or keep any ball or pin alley, nor shall keep or maintain any billiard, bagatelle, pool, pin-pool, pigeon-hole, or other like table, to be played upon by others for gain or amusement, without having procured a license for each of said purposes, as provided by ordinance, under a penalty of not less than five dollars nor more than fifty dol- lars in each case. 738 . No proprietor or keeper of any billiard hall or room, or of any ball or pin alley, not being duly licensed for such purpose by the city, shall keep, sell or give away, or permit to be sold or given away, any intoxicating, malt, vinous, mixed or fermented liquors, to be used or drank in or about his place of business, under a penalty of not less than ten dollars nor more than two hundred dollars. 739 . No licensed owner or keeper of any billiard, baga- telle, pool, pin-pool, pigeon-hole, or other such public table, within said city, shall knowingly suffer or permit any minor to play upon the same, under a penalty of not less than five dollars nor more than fifty dollars for each offense. Article VII. BROKERS AND MONEY CHANGERS. 740 . Any person engaged in buying, selling, discounting or shaving bills of exchange, checks, drafts, promissory notes, bonds or other writings obligatory, for purposes of gain, is hereby defined to be a broker; and any person engaged in buying, selling or exchanging gold or silver coin or bank notes for gain or profit, shall be deemed a money changer within the meaning of this article. 741 . No person shall engage in or carry on the business of a broker or money changer within the city of Springfield,, without being duly licensed therefor, under a penalty of not less than five dollars nor exceeding one hundred dollars, and a further penalty of five dollars for each day, after the first conviction, that such person shall continue such business without a license : ‘ Provided, that only one license shall be required under the provisions of this section. THE CITY OF SPRINGFIELD. 345 742 . No person shall engage in ol’ pursue the business of a real estate broker, or of buying, selling or leasing real estate for gain or profit, within said city, without having obtained a license for such purpose, under a penalty of not less than five dollars nor more than one hundred dollars for each offense. Article VIII. CORPORATE SEAL. 743 . The corporate seal of the city of Springfield shall be the same as that heretofore provided and now used by the city. It shall be circular in form, two and one-half inches in diameter, with a device of the State capitol sur- rounded by a scroll, with the words, ‘‘Corporate Seal of the City of Springfield, Illinois, 1840,'' in Koman capitals, engraved upon the face thereof. 744 . The city clerk shall be the custodian of the cor- porate seal. He shall affix the corporate seal to all commis- sions or other official documents required to be issued by him, and attest or countersign the same. He shall affix the seal to all official acts of the mayor requiring it, and if necessary attest the same. He shall also certify, under the corporate seal, copies of any records, ordinances, documents or papers in. his office, when required by any city officer or other person. But in no case shall the impression of- the corporate seal be binding upon the city, unless it be authorized by the laws or ordinances thereof, and is attested by the official signature of the city clerk. Article IX. HOUSE numbering. 745 . The numbering of all houses fronting upon the public streets, avenues and thoroughfares, within- the city of Springfield, shall be in conformity with the decimal system, and the rules following : First . — Washington street shall be the base or dividing line for numbering houses on all streets or avenues running north and south, and first street shall be the base or dividing line for all streets or avenues running east and west. 346 GENERAL ORDINANCES OF Second . — All that portion of north' and south streets, cross- ing and being north of Washington street, shall be desig- nated by the prefix north, and that portion of all streets crossing or being south of Washington street shall be desig- nated by the prefix south. All streets or avenues running east and west and crossing First street, for all that portion of the same lying east of First street, shall retain their present designation, but that portion of said streets lying west of First street shall receive, in connection with their present designation, the prefix west. Third . — The first number upon each side of Washington street shall be one hundred (100), and progress north and south therefrom at the rate of one hundred numbers to each block. The first number upon each side of First street shall be one hundred (100), and progress therefrom at the rate of one hundred numbers to each block. Fourth . — The odd numbers shall be used upon the north side of' streets running east and west, and upon the west side of streets running north and south. The even numbers shall be used upon the south side of streets running east and west, and upon the east side of streets running north and south. All irregular or unusual sized blocks, and all irregular streets, shall be numbered as may be specified and directed by the city engineer, adhering as nearly as possible to the foregoing plan. 746 . It shall be the duty of the city engineer, in pur- suance of the foregoing section, to establish and assign all house numbers on the streets, avenues and thoroughfares of the city, allowing as far as practicable one number for each twenty (20) feet of ground, and he shall prepare the neces- sary maps and records of the numbers assigned by him, and said maps and records shall be evidence of the num- bers so assigned ; and he shall, on demand, furnish each owner or occupant of a house, or such person as may be employed by the city in numbering the houses or buildings, with the necessary information as to the number belonging to each house, the size and quality of the number, and the placing of the same upon the house ; and all numbering shall be strictly in conformity with the directions and regu- lations of said city engineer. 747 . All owners or occupants of houses now erected, or which may hereafter be erected, within said city, are hereby required to number their houses in conformity with the pro- visions of this article, and the regulations of the city engi- neer in pursuance thereof. And any owner or occupant of any house how erected, or hereafter to be erected, who shall fail to number said house, as aforesaid, within thirty days after the taking effect of this ordinance, or within thirty THE CITY OF SPRINGFIELD. 347 clays after the same shall be built, or who shall number any house otherwise than in conformity with the provisions hereof and the regulations of the city engineer, shall incur a penalty of not exceeding five dollars for each and every such offense. Article X. ' INSURANCE COMPANIES AND AGENTS. 748. All corporations, companies or associations, not in- corporated under the laws of this State, engaged in effecting fire insurance in the city of Springfield, shall pay into the city treasury the sum of two dollars upon the one hundred dollars, and at that rate upon the amount of all premiums, which, during the half year ending on every first day of January and July, shall have been received, or shall have been agreed to be paid, for any insurance effected, or agreed to be effected, within said city, by or with any such cor- poration, company or association ; which rates, when col- lected, shall be set apart for the support and maintenance of the fire department of said city. 749. ‘ Every person who shall act as the agent or repre- sentative of any such corporation, company or association, shall, on or before the 15th day of July, A. D. 1883, and on or before the 15th day of January and July in each year thereafter, render to the city comptroller a full, true and just account, verified by his oath, of all premiums which, during the half year ending on every first day of January and July preceding such report, shall have been received by him, or any other person for him, or shall have been agreed to be paid for or in behalf of any such corporation, com- pany or association. At the time of rendering such account, such agent shall pay to the city treasurer the amount of rates for which the corporation, company or association, represented by him, may be chargeable by virtue hereof, and upon presenting his receipt for the same to the city clerk, the latter shall issue a license to such insurance com- pany or association, , in the manner provided by ordinance, setting forth the time for which it is granted, and the amount paid therefor. 750. If any such person or agent shall fail to render such account on or before the day or time hereinbefore designated for that purpose, or if the said rates shall remain unpaid after that date, then such person or agent shall be subject to a penalty of not exceeding two hundred dollars for every such failure to account and pay, which penalty 348 GENERAL ORDINANCES OF may be enforced in like manner as is provided in other cases for the violation of the ordinances of the city; and such due and unpaid rates may be further recovered of any such corporation, company or association, or its agent, by suit in the name and for the use of said city, as for money had and received for its use, in any court of competent jurisdiction. Article XL IDIOTS AND LUNATICS. 751 . If any idiot or lunatic shall be found in the city of Springfield, unprotected by guardian, relative or friend, the mayor shall provide temporarily for his or her care and support, at the expense of the corporation ; but if such per- son shall not belong to the city or be chargeable thereto, the mayor shall immediately notify the proper person or officer of the county chargeable therewith, that such idiot or lunatic is unprovided for, and to take charge of and provide for the same. 752 . When any lunatic, found at large or unprotected as aforesaid, shall be so insane or disordered in mind as to endanger the persons or property of others, or his own per- son or property, it shall be the duty of the superintendent of police, or any police officer, to forthwith take and confine such lunatic in the city prison, or other suitable place, until proper provision can be made for him according to law, and such officer shall also promptly notify the proper .county officer, court or person thereof ; and all necessary expenses incurred thereby shall be collected of the person or persons legally liable therefor. Article XII. ORDINARIES. 753 . Any restaurant, eating house, or other such place, where any kind of food is furnished or sold for human use, to be eaten at the place of sale, is hereby declared to be an ordinary, within the meaning of this article. 754 . No person shall open, keep or conduct an ordinary within the city of Springfield, without having first obtained a license therefor, in due form, under a penalty of not less than five dollars nor more than one hundred dollars for each offense. THE CITY OF SPRINGFIELD. 349 755. No ordinary wherein any intoxicating, malt, vinous, mixed or fermented liquors arfe sold or kept for sale, and no ordinary which may belong to, or be in any way con- nected with, any dram-shop or drinking saloon within said city, shall be kept open between the hours of twelve o’clock at midnight and five o’clock A. M., under a penalty to the offender of five dollars in each case; nor shall any such ordinary be kept open on Sunday, under a penalty to the proprietor or keeper thereof of twenty-five dollars for every such offense. Article XIII. PAWNBROKERS. 756. Whoever loans money on deposit or pledge of per- sonal property, or other valuable thing, or whoever deals in the purchase of personal property on condition of selling the same back again at a stipulated price, is hereby declared to be a pawnbroker, within the meaning of this article. 757. No person shall engage in or pursue the business .of a pawnbroker or keeper of a loan office, within the city of Springfield, without having obtained a license therefor, under a penalty of not less than five dollars nor more than one hundred dollars, and a like additional penalty for each day, after the first conviction, that he may carry on such business without being licensed. 758. Any person applying for a license as a pawnbroker or keeper of a loan office shall, before receiving the same, pay into the city treasury a license fee of fifty dollars for that purpose, and shall give a bond to the city of Spring- field in the penal sum*of one thousand dollars, with at least two good and sufficient sureties, to be approved by the mayor, conditioned for the strict observance of all ordi- nances of the city council regulating or relating to pawn- brokers, which are or may be in force during the period of such license. 759. Every pawnbroker or keeper of a loan office, licensed as aforesaid, shall keep a suitable book, in which shall be written in ink, at the time of making each loan, an accurate description of the goods, article or thing pawned or pledged, the amount of money loaned thereon, the time for which the same is pledged, the rate of interest to be paid on such loan, and the name and residence of the person pawning or pledging the goods, article or thing. 350 GENERAL ORDINANCES OF . i 760 . Every pawnbroker or keeper of a loan office shall also, at the time of making each loan, deliver to the person pawning or pledging any goods, article or thing of value, a memorandum or note, signed by him, containing the sub- stance of the entry required to .be made in his book afore- said; and said book, as well as every article or thing pawned or pledged, shall, at all reasonable times, be open to the inspection of the mayor, the chairman of the police committee, or the superintendent of police. 761 . Any pawnbroker, loan-broker or keeper of a loan office in said city, who shall violate or neglect or refuse to comply with any of the provisions of the last two preceding sections of this article, shall, on conviction thereof, be fined not less than ten dollars nor more than fifty dollars for each offense. 762 . No pawnbroker or keeper of a loan office, whether licensed or unlicensed, shall take or receive in pawn or pledge, for money loaned, any property, article or thing of value from any intoxicated person, nor from any person known to him to be a thief, or to have been convicted of burglary or larceny, nor from any minor, under a penalty of not less than five dollars nor more than fifty dollars in each case. 763 . It shall be the duty of the superintendent of police to report to the mayor any failure on the part of any per- son, licensed as aforesaid, to comply with any of the provisions of this article, and the mayor may revoke the license of such person on satisfactory cause appearing to him for so doing. Article XIV. PARTITION AND BARBED WIRE FENCES, 764 . No person shall hereafter, within the city of Spring- field, erect, construct, or maintain any wood or other partition fence, or any section or portion thereof, which shall exceed five feet in height, above the surface of the ground, for the first thirty feet back from the front line of the lot or lots, nor exceeding eight feet in height for the remainder of the distance to the rear end of the lot, except where such partition fence shall form a necessary part of some out- building on the premises, under a penalty of not less than three dollars nor more than twenty-five dollars for each offense, and a further penalty of two dollars for every day that such person shall permit such unlawful fence to remain, after notice given to lower or remove the same by the street superintendent or any police officer. THE CITY OF SPRINGFIELD. 35 i 765. No fence, railing or guard of any kind, within the corporate limits, shall have placed or kept thereon any barbed wire, iron spikes, or other sharp pointed, metallic instruments, under a penalty to the person offending of not less than five dollars nor more than twenty-five dollars for each offense, and a further penalty of two dollars for every day that such person shall fail to remove such barbed wire, iron spikes, or other sharp pointed instruments, after notice to do so by the street superintendent or any police officer. 766. No fence consisting or made, either in whole or in part, of any kind of barbed wire, shall be built, maintained or kept, upon or along the line of any street, avenue, alley, or public walk, or in any public ground, within said city ; and every such fence is hereby declared a nuisance. Any property owner or other person who shall build, or cause to be built, or shall maintain any such barbed wire fence, shall be subject to a penalty of not less than five dollars nor more than fifty dollars, and to a further penalty of five dollars for every day that he shall permit such fence to stand or remain, after notice given to take down or remove the same by the superintendent of streets, or any member of the police force. Article XV. PEDDLERS. 767. No person shall sell or attempt to sell any goods, wares or merchandise, or any article or thing of value, by peddling, hawking or public outcry, or at any temporary or uninclosed stand or place of business, within the city of Springfield, without having first obtained a license therefor, under a penalty of not less than three dollars nor more than fifty dollars for each offense : Provided, that this section shall not be held to apply to farmers or gardeners bringing into the city and selling the produce of their farms or gar- dens, nor to the ped,dling of fruit from a basket, nor to the peddling of newspapers. 768. Every person canvassing or taking orders for books, publications, pictures, maps, or other articles, shall be deemed within the scope of this article, and be required to take out a peddler’s license ; but no license shall be required for the delivery of any article, where the order or subscription there- for was taken under a license : Provided, that regular com- 352 GENERAL ORDINANCES OF mercial travelers employed by wholesale houses, taking orders and selling staple articles of merchandise to the merchants of said city, shall not be deemed within the meaning of this section. 769. Any person licensed as a peddler under any ordi- nance of the city, who shall, while acting in such capacity, be guilty of any fraud, deception or imposition, shall be sub- ject to a fine of not less than five dollars nor exceeding fifty dollars. ' 770. No peddler shall enter any private house in said city, without being admitted by some occupant thereof, nor shall insist upon showing his goods or wares to any person after being told by such person that he or she does not wish to see or purchase the same, nor shall otherwise vex, annoy or harrass any person, under a penalty of not less than five dollars nor more than twenty-five dollars for each offense. Article XVI. PORTERS AND RUNNERS. 771. No person shall pursue the calling of a porter or runner. Or solicit the patronage of any traveler or person for any hotel or public house, within the city of Springfield, without first procuring a license for such purpose, for which he shall pay the sum of ten dollars per year, and shall exe- cute a bond to said city in the penal sum of three hundred dollars, with sureties, to be approved by the mayor, condi- tioned for the faithful observance of all ordinances of the city council, regulating or relating to porters ^nd runners. Every violation of this section shall subject the offender to a fine of five dollars. 772. The proprietor or keeper of any hotel or public house, within said city, may take out a license for such hotel or house, authorizing the keeper thereof to employ a suitable and well-behaved person to represent such house as a porter or runner, and such person shall then be authorized to act without further license, and such porter or runner may be changed in the discretion of the person or firm holding the license : Provided, that in no case shall two or more persons be authorized to act under one license at the same time : And, provided further, that the person or persons holding such license shall be liable for any and all fines or penalties incurred by any person acting under the same, for violating any ordinance of the city regulating or relating to porters and runners. THE CITY OF SPEINGFIELD. 353 773. Every porter or runner, licensed as aforesaid, while engaged about his business, shall wear conspicuously on some part of his person, a badge, or plate, with the name of the hotel or public house for which he is soliciting patronage painted or engraved thereon in legible characters. Any vio- lation of this section shall subject the offender to a penalty of not exceeding five dollars. 774. No porter or runner shall, while pursuing his call- ing about any railroad depot or other place, within the city, leave his vehicle, or speak in a loud or boisterous tone or manner, nor use any profane or obscene language, nor lay hold of any traveler or person, or of any article of baggage, unless by permission of the owner or possessor thereof, nor in any manner vex, harrass or importune any person, nor be guilty of any deceit, imposition or false representation, in the furtherance of his business, to the annoyance or detri- ment of any person, under a penalty of not less than three dollars nor more than twenty-five dollars for each offense. Article XVII. SCAVENGERS. 775. No person shall engage in or pursue the occupa- tion of a scavenger, within the city of Springfield, without being specially licensed for such purpose, as hereinafter provided, under a penalty of not less than five dollars nor more than one hundred dollars for each offense. 776. The mayor is hereby authorized to grant licenses, from time to time, to any person or persons, as he shall deem proper, to engage in the business or occupation of removing garbage, offal, rubbish and ashes ; and every per- son so licensed and engaged, shall be deemed a “scavenger” within the meaning of this article. 777. Any person applying for such a license, shall pay to the city treasurer therefor the sum of ten dollars per annum, and shall execute a bond to the city of Springfield in the penal sum of five hundred dollars, with at least two sure- ties, to be approved by the mayor, conditioned for the faith- ful observance of the provisions of this article, and of all ordinances which may hereafter be passed by the city council relating to the occupation or employment of scaven- gers. —23 354 GENERAL ORDINANCES OF 778 . Any scavenger, licensed as aforesaid, in removing any garbage or offal, shall take it at least one-half mile beyond the city limits, and so deposit or dispose of the same as that it shall not be or become a nuisance to persons resid- ing in the vicinity, and he shall also remove all rubbish and ashes without the limits of the city : Provided, that the committee on streets and alleys, or the superintendent of streets, may designate suitable dumping grounds within the corporate limits, where it shall be lawful for scavengers and other persons to deposit rubbish, dirt and ashes. 779 . Licensed scavengers shall be allowed to charge and receive for removing garbage, offal, rubbish and ashes, the rates following: First . — For removing each box or barrel containing three bushels, not exceeding fifteen cents. Second . — For removing each box, keg or barrel containing two bushels, not exceeding ten cents. Third . — For removing each box or vessel containing one bushel or less, five cents. Such fee or fees shall be paid to the scavenger, in all cases, by the person or persons employing him to do the work. 780 . Each licensed scavenger may keep a suitable slate or board at the police headquarters, and at each of the fire engine houses, where persons desiring his services can leave their orders. The wagon or other vehicle used by such scavenger shall be numbered with the number of his license, and shall be at all times kept in repair, and in an inoffen- sive condition. 781 . Any licensed scavenger who shall violate, or fail or refuse to comply with any of the provisions or requirements of this article, shall, upon conviction, be fined not less than five dollars nor more than fifty dollars for each offense ; and the mayor may at any time revoke such license, when it shall appear to his satisfaction that the person licensed has violated or failed to observe any requirement hereof. Article XVIII. SECOND-HAND DEALERS AND KEEPERS OF JUNK SHOPS. 782 . No person or firm shall, within the city of Spring- field, exercise or carry on the business of dealer in second- hand furniture, household goods, second-hand clothing, or other such articles, without being duly licensed for such pur- pose, under a penalty of not less than five dollars nor more THE CITY OF SPRINGFIELD. 355 than one hundred dollars, and a like penalty for each day, after conviction, that such person shall continue to carry on said business without license. 783. No person shall, within said city, conduct or carry on the business of keeper of a junk shop or store, or place for the purchase or sale of junk, rags, old rope, paper or bagging, old iron, brass, copper, tin, lead, or empty bottles, without being duly licensed for such purpose, under a pen- alty of not less than five dollars nor more than one hundred dollars, and a similar penalty for each day, after conviction, that such person shall continue to conduct or carry on said business without a license. Provided, that this section shall not be held to apply to manufacturers purchasing rags, pa- per, old iron, or other metal for use in their manufacturing establishments. 784. Any person desiring a license from the city, either as a second-hand dealer, or keeper of a junk shop or store, shall make application, in writing, to the mayor therefor, and pay into the city treasury the license fee or fees else- where in this ordinance prescribed for such purpose, and shall, at the time of receiving such license, execute a bond to the city of Springfield in the penal sum of five hundred dollars, with sureties, to be approved by the mayor, condi- tioned for the due observance of all ordinances of the city council, regulating or relating to his said business, which now are or may be in force during the continuance of such license. 785. Every second-hand dealer, or keeper of junk shop or store, licensed as aforesaid, shall be entitled to keep one or more wagons or other vehicles for use in the prosecution of his ordinary business : Provided, that before using any such vehicle he shall have painted or affixed on the outside of the bed or body of the same, in plain letters or figures, the number of his license, and also the number of his place of business, under a penalty of one dollar for each day the same may be used without being so numbered. 786. In case any person so licensed, whether as a dealer in second-hand articles or keeper of a junk shop, shall re- move his store or place of business from the place designated in the license, he shall thereupon notify the city clerk of such removal, and have the transfer indorsed upon his license, and the number of his place of business shall be changed on the body of his vehicle, and made to correspond with such change of store or place of business. 787. No dealer in second-hand goods or keeper of a junk shop shall, within said city, purchase any goods, article or 356 GENERAL ORDINANCES OF thing whatever, except old rags and waste paper, from any minor, without the written consent of the parent or guardian of such minor, under a penalty of not less than five dollars nor more than fifty dollars for each offense. 788. Every dealer in second-hand articles, or keeper of a junk shop, who shall receive or be in possession of any goods, articles or things of value, which may have been lost or stolen, or alleged to have been lost or stolen, shall, upon demand to view or examine the same, forthwith produce such goods, articles or things, to the mayor or any member of the police force of the city, under a penalty of not less than five dollars nor exceeding one hundred dollars for every neglect or refusal to do so. ' 789. It shall be the duty of every second-hand dealer or keeper of a junk store, licensed as aforesaid, to keep a book, in which shall be written, at the time of the purchase of any article or thing, in the way of his business, an accu- rate description of the article or thing so purchased, the price paid therefor, the precise time of making such pur- chase, and the name and residence of the person from whom such purchase was made ; and said book shall, at all reason- able times, be open to the inspection of the mayor, the chief of police, or the chairman of < the committee on police. Any second-hand dealer, or junk keeper, who shall violate, or neglect or refuse to comply with any of the requirements of this section, shall be subject to a fine of not less than ten dollars nor more than fifty dollars, and to a further fine of ten dollars for each day, after the first conviction, that he shall continue in such violation, neglect or refusal. Article XIX. SIGNS. 790. No person shall place or suspend, or cause to be placed or suspended, from any house, shop, store, lot or place, over or into any street, alley or sidewalk, within the city of Springfield, any sign or show-board, or any goods, wares or merchandise, or any other thing, so that the same shall project from the wall or front of said house, shop, lot or place, more than three feet towards or into the street or alley, or over the sidewalk, under a penalty of not less than three dollars nor more than twenty-five dollars for each and every offense. THE CITY OF SPRINGFIELD. 357 791 . Signs securely fastened may be suspended over the sidewalks not exceeding three feet from the front line of the building or lot, and at a height above the sidewalks of not less than eight feet in the lowest part thereof. Any person who shall place, suspend, keep or maintain any sign, show-bill, lantern or show-board, so that the same shall project from the building, store-room or premises, owned or occupied by him, more than three feet over the sidewalk, or at an elevation of less than eight feet in the lowest part thereof above the sidewalk, shall he subject to a penalty of not less than three dollars nor more than twenty-’ five dollars in each case, and to a further penalty of three dollars for every day that such person shall suffer or permit such unlawful sign, show-bill, show-board or lantern to re- main, after being ordered to remove the same by the street superintendent or any member of the police force. 792 . Barbers’ poles and other sign-posts, not exceeding ten feet in height, may be erected on the sidewalks; but they shall be placed and kept, by the respective owners thereof, within three feet of the building or front line of the lot, under a penalty to the offender of not less than three dollars nor more than twenty-five dollars in each case, and a further penalty of three dollars for every day that such pole or sign-post shall continue or remain, after an order given to remove the same by the street superintendent or any member of the police force. 793 . No person shall post or paint any advertisement, hand-bill or show-bill upon any private wall, fence, gate or door, or upon any telegraph or telephone pole, within said city, without having first obtained the consent of the owner, occupant or agent of the property, nor upon any building, wall or fence belonging to the city, without the previous permission of the superintendent of police. Article XX. TELEGRAPHS, TELEPHONES, ETC. 794 . No person, company or corporation, shall hereafter erect or maintain any telegraph, telephone or electric-light posts or poles, or any telegraph or telephone wires, or elec- tric -light conductors, in, upon, across or along any street, avenue, alley or public place, within the City of Springfield, without having first obtained the permission and consent of 358 GENERAL ORDINANCES OF the city council therefor, under a penalty, in each case, of not less than fifty dollars nor more than two hundred dol- lars ; and the recovery of one penalty shall be no bar to further prosecutions for a continuation of the same offense. 795. No person, company or corporation, obtaining such permission or authority from the city council, as aforesaid, shall so set, erect or maintain any posts or poles, or so place or hang any wires thereon, as to impede or interfere with the public travel upon any street, avenue, alley or side- walk, or so as to injure or damage any public or private property within the city, under a penalty of not less than five dollars nor more than one hundred dollars for each day they shall fail to remedy or remove the same, after being notified to do so by the mayor, the chairman of the com- mittee on streets and alleys, or the street superintendent ; and they shall also be liable for any and all damages result- ing to the owners of private property from the placing or keeping of their poles or wires in, upon or along any street, avenue or alley of said city. 796. The setting or placing of all telegraph, telephone or electric-light posts or poles, within the city, shall be done under the direction and supervision of the mayor and com- mittee on streets and alleys,- whose duty it shall be to see that the poles used are of sufficient length, and that the wires are elevated to such height as not to inconvenience or incommode the public in the free use of any street, avenue, alley or highway ; and it shall also be the duty of said com- mittee to prosecute, or cause to be prosecuted, all persons, companies or corporations violating any of the provisions of this article. 797. Whoever shall willfully, maliciously or negligently cut down, break, injure or destroy, any telegraph, telephone or electric-light pole ; or shall cut or break any wire or electric conductor; or shall deface, injure or destroy any telephone box or apparatus, within said city, except in case of necessity from fire or other casualty, shall, upon convic- tion, be fined not less then five dollars nor more than two hundred dollars for each offense. Article XXL TREES. 798. All shade or ornamental trees placed along any street or avenue, within the City of Springfield, shall be planted on a line two feet inside of the outer edge of the sidewalk or curbing thereof, as defined by the ordinance THE CITY OF SPRINGFIELD. 359 relating to sidewalks : Provided, that on streets and avenues where the curb line of the sidewalk is sixteen or more feet from the front line of the lots or property abutting thereon, the trees shall be planted on a line eight or ten feet from the front line of said abutting property, according to the width of the street : And provided, further, that no trees shall hereafter be planted or cultivated on any sidewalk which is less than eight feet wide, nor on any street or thoroughfare of forty feet or less in width. Any person who shall plant, or cause to be planted, or shall keep or main- tain, any tree or trees upon any street, avenue or sidewalk, contrary to any of the above provisions of this section, shall be deemed guilty of obstructing such street, avenue or side- walk, and shall be subject to a penalty of one dollar for each and every tree so planted or maintained ; and the city council may, at any time, order such tree or trees to be cut down and removed by the street superintendent or the chief of police. 799. No person, except the owner or occupant of the abutting property, shall cut, fell, injure or remove any shade or other tree, standing in or upon any street, avenue, side- walk or public ground, unless by the authority and direction of the city council, under a penalty of not less than three dollars nor more than fifty dollars for each offense. 800. All trees planted, cultivated or maintained in or along any of the streets or avenues of the city, shall have the boughs or branches thereof cut and trimmed up at least ten feet above the ground, so as not to incommode the passage of persons or teams along any street, avenue or sidewalk, and so as not to obstruct the reflection of the public street lamps. 801. If any tree or trees be permitted by the owner or occupant of the adjacent premises to grow in such way as to interfere with travel on any street, avenue or sidewalk, or so as to obstruct the light from the public street lamps, it shall be the duty of the superintendent of streets to notify such owner or occupant, in writing, to trim such tree or trees within the time and the manner to be specified in the notice ; and if any person so notified shall neglect or refuse to comply with such notice, he shall be liable to a penalty of one dollar for each and every tree he was required to trim, and neglected or refused to do so ; and said superintendent shall forthwith cause such trees to be trimmed at the expense of the city, and the cost thereof may be recovered by suit, in the name of the corporation, against the person neglecting or refusing to do so as aforesaid. 360 GENERAL ORDINANCES OF Article XXII. TOWN ASSESSOR. 802 . The town assessor of Capital township is hereby authorized to appoint, with the advice and consent of the city council of the city of Springfield, eight deputy assessors. 803 . The pay and compensation of the town assessor and his deputies, shall be two dollars and fifty cents each for each day necessarily employed by them in making the annual assessment, to be paid out of the town treasury. Article XXIII. WARDS AND WARD BOUNDARIES. 804 . The city of Springfield shall be, and is hereby divided into seven wards, described as follows : 805 . The boundary of the First Ward shall be as follows : Commencing at the intersection of the center line of Tenth street with the center line of North Grand Avenue, and run- ning east to a point ‘23 chains and links west from the southeast corner of section twenty-two (22), township sixteen (16) north, range five (5) west of the third principal meri- dian, and forty feet south of the southwest corner of the reservoir grounds; thence north, along the west line of said reservoir grounds, 13 chains and 74f links to the northwest corner of said grounds, thence east on the north line of said grounds 23 chains and 61^ links to the northeast corner thereof, thence south on the east line of said grounds 12 chains and 99J links to a stone in the center of said North Grand Avenue, being the southeast corner of said section 22 ; thence east to the center line of East Grand Avenue, thence south to the center line of Adams street, thence west to the center line of Tenth street, and thence north to the center line of North Grand Avenue; and the territory included within said boundaries shall constitute and be known as the First Ward. 806 . The boundary of the Second Ward shall be as follows : Commencing at the intersection of the center line of North Grand Avenue with the center line of Tenth street (continued), and running south to the center line of Mason street, thence west to the west line of Sixth street, thence THE CITY OF SPRINGFIELD. 361 south to the alley known as Mason alley, thence west to the center line of Third street, thence north to the center line of North Grand Avenue, and thence east to the center line of Tenth street ; and the territory included within said boundaries shall constitute and be known as the Second Ward. 807. The boundary of the Third Ward shall be as follows : Commencing at the intersection of the center line of Third street with the center line of North Grand Avenue, and running west to the center line of West Grand Avenue, thence south to the center line of Washington street, thence east to the center line of Third street, and thence north to the center line of North Grand Avenue ; and the territory included within said boundaries shall constitute and be known as the Third Ward. 808. The boundary of the Fourth Ward shall be as fol- lows : Commencing at the intersection of the center line of Third street with the center line of Washington street, and running west to the center line of West Grand Avenue, thence south to the center line of South Grand Avenue, thence east to the center line of Third stre*et, and thence north to the center line of Washington street; and the terri- tory included within said boundaries shall constitute and be known as the Fourth Ward. 809. The boundary of the Fifth ward shall be as follows: Commencing at the intersection of the center line of Tenth street with the center line of Monroe street, and running west to the center line of Third street, thence south to the center line of South Grand Avenue, thence east to the center line of Tenth street, and thence north to the center line of Monroe street ; and the territory included within said boun- daries shall constitute and be known as the Fifth Ward. 810. The boundary of the Sixth ward shall be as follows : Commencing at the intersection of the center line of East Grand Avenue with the center line of Adams street, and running west to the center line of Tenth street, thence south to the center line of South Grand Avenue, thence east to the center line of East Grand Avenue, and thence north to the center line of Adams street ; and the territory included within said boundaries shall constitute and be known as the Sixth ward. 811. The boundary of the Seventh ward shall be as fol- lows : Commencing at the intersection of. the center line of Tenth street with the center line of Mason street, and run- ning west to the west line of Sixth street, thence south to 362 GENERAL ORDINANCES OF the north line of Mason alley, thence west to the center line of Third street, thence south to the center line of Monroe street, thence east to the center line of Tenth street, and thence north to the center line of Mason street ; and the territory included within said boundaries shall con- stitute and be known as the Seventh Ward. Article XXIV. GENERAL PENALTY — REPEAL — PROVISO — WHEN THIS ORDINANCE TO BE IN FORCE. 812. Any person, company or corporation violating any of the foregoing provisions of this ordinance, where no other tine or penalty is provided for the breach thereof, shall be subject to a tine of not less than five dollars nor more than two hundred dollars for each offense. 813. All public or general ordinances, or parts thereof, not* included within this ordinance, are hereby repealed, so far as they contravene or conflict with the provisions of this ordinance : Provided, that 'no right, debt, obligation or liability accrued or incurred, or any tine, penalty or for- feiture imposed or assessed, or any suit or action instituted and pending under any such ordinance, shall be released, discharged or annulled, or in anywise affected by such repeal ; but the same may be prosecuted, recovered, com- pleted and enjoyed in the same manner, and as fully in all respects, as if such ordinances, or parts thereof, had re- mained in full force. 814. Special or private ordinances and resolutions, passed by the city council, are not repealed or modified, unless the same be repugnant to the provisions of this ordinance. 815. This ordinance shall take effect and be in force from and after its passage. Passed Nov. 16, 1883. Approved Nov. 17, 1883. JOHN McCREEKY, Mayor. Ben. F. Talbott, City Clerk. ' Ordered printed and published in book form by the City Council of the City of Springfield, November 16, A. D. 1883. THE CITY OF SPRINGFIELD. 362^ AMENDMENT IN EELATION TO RAILEOADS. » An Okdinance to amend sections 577 and 579 of an ordinance entitled “An ordi- nance in revision and consolidation of the General Ordinances of the city of Springfield,” passed November 16, 1883, and approved November 17, 1883, [Passed January 21, 1884. Approved January 22, 1884.1 Be it ordained by the City Council of the City of Springfield: Section 1. That sections five hundred and seventy-seven (577) and five hundred and seventy-nine (579) of an ordi- nance, entitled “An ordinance in revision and consolidation of the general ordinances of the city of Springfield,” passed November 16, 1883, and approved November 17, 18^:3, be and the saniie are hereby amended so as to read as follows : 577 . It shall be the duty of all railroad companies or cor- porations whose tracks now run within, or may hereafter enter or pass through, the corporate limits of the city of Springfield, to raise or lower their respective railroad tracks to conform to any grade which is or may be established by the city coun- cil for any street, avenue or alley upon, along or through which said tracks may be laid or run, and where such tracks run lengthwise of any street, avenue or alley, to keep the same on a level with the street or alley surface, so that they may be conveniently crossed at any place on such street or alley; and to make and keep open and in repair suitable ditches, drains, sewers and culverts along and under their respective railroad tracks, so that the natural drainage of the adjacent property shall not be impeded; and to construct and keep in repair suitable and convenient crossings at the intersections of their said tracks with any street, avenue or alley in said city; and to so construct and lay down their said tracks and crossings as to interfere as little as possible with ordinary travel over or upon the streets, avenues or alleys occupied or used by them. Any such railroad com- pany or corporation failing, neglecting or refusing to comply with any of the above requirements of this section, within thirty days after written notice to do so, given by the super- intendent of streets or city engineer, shall thereafter be subject to a fine of not less than twenty-five dollars nor more than two hundred dollars ; and the recovery of one fine shall be no bar to future prosecutions for a like failure or neglect. 579 . In the event of any railroad company or corpora- tion failing or refusing to construct, alter or repair any crossing, culvert or bridge, when duly notified to do so, as provided in section five hundred and seventy- eight (578) of this article [ordinance], the city council may order such GENERAL ORDINANCES- sm crossing, culvert or bridge to be constructed, altered or re- paired at the expense of the city, and such company or j3orporation shall thereupon be liable to said city, in an action of debt, for the cost and expense thereof. And when any street, avenue or alley in said city, upon, along or through which any steam, horse or street railroad track now is or may hereafter be laid, operated or used, shall be ordered paved, by ordinance of the city council, it shall be the duty of every such railroad company or cor- poration to pave all that portion of said street or alley in- cluded in the space between the rails of its track or tracks, and for one foot on the outer edge of said rails, in the same manner as the remaining portions thereof are paved, or in such other manner and with such other materials as shall be by ordinance required ; and in case of default on the part of any such company or corporation to comply with the above requirements hereof, the city council of said city may cause such railroad track or tracks to be taken up, and said pavement to be laid pursuant to ordinance ; and every such railroad company or corporation shall be liable to the city for the cost and expense of paving said portion or portions of such street, avenue or alley aforesaid, together with lawful interest thereon from the completion of the work ; and upon the failure or refusal of such railroad com- pany or corporation to pay such cost or assessment, and interest, the same may be • recovered of such company or corporation by suit, in the name of the city, before any court of competent jurisdiction. § 2. This ordinance shall take effect and be in force from and after its passage and due publication.* * This ordinance was passed by the city council after the general and special ordinances had been printed, which will account for the aboye frac- tional paging. / SPECIAL ORDINANCES OF THE CITY OF SPRINGFIELD. I / V SPECIAL ORDINANCES. AETICLE NINE OF GENERAL INCORPORATION ACT. An Ordinance adopting Article 9 of an act entitled “An act to provide for the Incorporation of Cities and Villages.” [Passed August 6, 1872. Approved of same date. Be it ordained hy the City Council of the City of Springfield: 816. Adoption of Article P.] Sec. 1. That in-pursuance of Section fifty-four (54) of Article nine (9) of an act of the General Assembly of Illinois, approved April 10, 1872, enti- tled “An act to provide for the inco;rporation of cities and villages,” the provisions of article nine (9) of an act entitled “An act to provide for the incorporation of cities and vil- lages,” passed by the General Assembly of the State of Illi- nois, and approved by the Governor on the 10th day of April, A. D. 1872, be, and the same are hereby, adopted for the use, benefit and good government of the city of Spring- field. 817. Rejoeal, etcJ] § 2. All ordinances or parts of ordi- nances in conflict herewith are hereby repealed. This ordi- nance to take effect and be in force from and after its passage. 366 SPECIAL ORDINANCES OF FUNDING OF BONDED INDEBTEDNESS. An Oedinance to provide for funding and retiring the'outstanding bonded in- debtedness of the city of Springfield. [Passed July 23, 1880. Approved July 26, 1880. Be it ordained hy the City Council of the City of Springfield: 818 . Question of the issue oj new bonds to the amount of nine hundred thousand dollars^ submitted at special election- class, date of issue, time and place of payment, and rate of interest of bonds.} Sec. 1. That, in pursuance of the peti- tion of more than ten legal voters of said city, duly pre- sented to the city council therefor, the following question or proposition for the issue of the bonds of the city of Spring- field, under the act of the General Assembly of the State of Illinois, entitled “An act to amend an act approved April 27, 1877, entitled ‘An act to amend an act entitled an act relating to county and city debts, and to provide for the payment thereof by taxation, in such counties and cities,’ approved February 13, 1865, and to amend the title thereof,” approved June 4, 1879, in lieu or place of all the outstand- ing and unpaid bonds, or other subsisting legal evidences of indebtedness of said city, be and is hereby submitted to the legal voters thereof, at a special election to be held at the time and in the manner hereinafter provided : That said city council be authorized to issue, or cause to be issued, new bonds of the city of Springfield, to the amount of not exceeding in the aggregate the principal of all the binding, subsisting, legal bonds, or other legal evidences of indebted- ness of said city, outstanding and unpaid at the time of such issue, and in no event to exceed the sum of nine hun- dred thousand dollars. Said new bonds to be of class first, as provided in the act aforesaid, and to bear date on the first day of the month of September, in the year in which they are issued, and to be payable in twenty years from the date thereof, at the office of the State Treasurer of the State of Illinois, and to bear interest at the rate of not exceeding five per cent, per annum, payable annually at the office of the State Treasurer of the State of Illinois, or at such place in the city of New York as said Treasurer shall designate, for the payment of the debt of the State of Illinois. 819 . Clerk to give notice of election — returns, etc. — ballots.} § 2. The city clerk is hereby authorized and instructed to give due notice, as prescribed in the third section of the act aforesaid, for an election to be held in the several wards of said city, at the usual voting places therein, on Tuesday, THE CITY OF SPRINGFIELD. 367 the 24th day of August, A. D. 1880, upon the question or proposition hereinbefore set forth. The said election shall be opened, held and conducted, and the returns thereof made and canvassed by the officers appointed, and in the manner provided by law and the ordinances for city elections ; and the ballots at such election shall read as follows : “h’or issuing the bonds,” or “Against issuing the bonds.” 820 . Denomination of bonds to he issued — mayor and comptroller to advertise for proposals — all bids to be reported to city council for acceptance or rejection — no bonds to be exchanged or sold at lees than par value.] § 3. In case a majority of the legal votes cast at said election (as evidenced by the canvass of the returns of the same) are “for issuing the bonds,” the city council shall, for the purpose of carrying the foregoing proposition into effect, cause to be prepared of the coupon bonds of said city not exceeding six hundred of the denomination of one thousand dollars each, and not exceeding five hundred and fifty of the denomination of five hundred dollars each, and not exceeding two hundred and fifty of the denomination of one hundred dollars each — all of said bonds to bear interest at the rate and be payable at the time or times and place aforesaid. But before any of said bonds shall be issued, it shall be the duty of the mayor and comptroller of said city to publish a circular or adver- tisement, giving not less than thirty nor more than sixty days’ notice that proposals will be received from the holders or other persons for the surrender of the outstanding and unpaid bonds of said city, specifying the class, date, denomi- nation, time of maturity, rate of interest and place of payment of the new bonds, and the terms upon which the old bonds may be surrendered and exchanged, and all bids shall be reported to the city council; or, the mayor and comptroller shall advertise, in like manner as oefore, for bids for the sale of said new bonds, or such portions thereof as may be deemed expedient, and apply the proceeds , of such sales to the purchase and retiring of the outstanding and unpaid bonds, or other legal evidences of indebtedness of said city, and for no other purpose whatever; and the city council hereby reserves the right to accept or reject any proposals or bids which may be received for the bonds authorized to be issued under this ordinance and the act aforesaid : Provided, that no new bonds shall be exchanged or sold at less than their par value — and any interest that appears to have accrued thereon up to the time of such exchange or sale, shall be credited upon the coupons attached to said new bonds — nor shall any be delivered except as the old bonds, or other legal evidences of indebtedness of said city, to an equal amount, are surrendered ; nor until such 368 SPECIAL ORDINANCES OF issue and delivery are authorized by a vote of the majority of all the aldermen authorized by law to be elected to the city council. 821. Cancellation of old bonds — registration,'] § 4. Upon the surrender of any outstanding bonds or other legal evi- dences of indebtedness of said city, the same shall be endorsed “cancelled,” and shall from time to time be destroyed, under the direction of the city council ; and upon the issuing of any new bond of said city, the city comptroller shall make a register thereof, in a book to 'be kept in his office for that purpose, showing the date, amount, number, class, time of maturity, rate of interest, and place of payment of such bond, and a description of the bond, or other evidence of indebtedness, for which, or the retiring of which, the same was given, as nearly as practicable. 822. In force from passage.] § 5. This ordinace shall take effect and be in force from and after its passage. Declaration of the result of the special election held under the foregoing ordi- nance. [Adopted by the city council August 31, 1880.] Whereas, in pursuance of an ordinance passed by the city council of the City of Springfield, on July 23, 1880, and approved by the mayor on July 26, 1880, entitled *‘An ordinance to provide for funding and retiringthe outstandingbonded indebt- edness of the city of Springfield,” the question or proposition of issuing the bonds of said city, as provided and specified in said ordinance, was submitted to the legal voters of said city at a special election held conformably to law, in the several wards of said city, at the usual places of voting therein, on the 24th day of August, A. D. 1880; and. Whereas, it appears that 1 due notice of said election was given and pub- lished, as required by the statute in such case made and provided; and, Whereas, it further appears from the canvass of the returns of said election, that there was polled in said city 756 votes “for issuing the bonds,” and 493 votes “against issuing the bonds,” and that a majority of all the votes cast at said election was for issuing the bonds; therefore, be it Resolved and Declared, by the city council of the City of Springfield, that, as a result of said special election held as aforesaid, the city council is authorized to issue, dr cause to be issued, the bonds of said city, in conformity with the specifications of said notice and ordinance, to the amount and for the purpose therein set forth. INCOEPOEATION OF THE CITY UNDEE GENEEAL LAW. An Ordinance to submit the question of incorporation, under the general law of 1872, to a vote of the electors of the city of Springfield. [Passed Feb- ruary 22, 1882. Approved February 23, 1882.1 Whereas, one-eighth of the legal voters of the City of Springfield, voting at the last preceding municipal election, have petitioned the mayor and council thereof to submit the question as to whether said city shall become incorporated THE CITY OF SPRINGFIELD. 369 under an act of the General Assembly of the State of Illi- nois, entitled “An act to provide for the incorporation of cities and villages,” approved April 10, 1872, and in force July 1, 1872, to a vote of the electors of said city at the next ensuing municipal election; now, therefore. Be it ordained hy the City Council of the City of Springfield: 823 . Questions suhinitted — time of] Sec. 1. That the question of incorporation or organization under said act of 1872, and also the question of minority representation in the city council, as provided in said act, be, and the same are hereby, submitted to the electors of the City of Springfield, for adoption or rejection*, at the next ensuing municipal election, to be held in and for said city on the first Tuesday •of April, 1882. 824 . Mayor to give notice of election— judges — returns — ballots.] § 2. The mayor is hereby authorized and instructed to give the notice prescribed in the second section of the act aforesaid for an election to be held in the several wards of said city, at the usual voting places therein, on the day and date hereinbefore specified, upon the question herein set forth. The judges of said election shall be the same persons as those duly appointed by the city council for the regular charter and town election, to be held at the time and place or places aforesaid. Said election shall be opened and conducted in the manner provided by law and the ordi- nances for other municipal elections, and the judges shall make returns thereof to the city council, who shall canvass the same and cause the result of such canvass to be entered upon the journal of the city council. The ballots used at such election shall be in the following form: ‘Tor city organization under general law,” or, “Against city organiza- tion under general law;” “For minority representation in the city council,” or, “Against minority representation in the city council.” 825 . In force from passage.] ' § 3. This ordinance shall take effect and be in force from and after its passage. Transcript from Journal of the City Council, showing the result of the election held under foregoing ordinance. A meeting of the city council of the city of Springfield, held at the council chamber. Thursday evening, April 6, 1882, at 7:80 o’clock, pursuant to adjourn- ment. Result of a canvass of the returns of an election held in the several elec- tion districts of the city of Springfield on the fourth day of April, A. D. 1882, upon the question of the organization of said city under the general law, entitled “An act to provide for the incorporation of cities and villages,” approved April 10, 1872, in force July 1, 1872; also upon the question of minority representation in the city council of said city: —24 370 SPECIAL ORDINANCES OF For city organization under general law 2,500 Against “ “ “ 863 For minority representation in the city council 71 Against “ “ “ “ 100 Majority for city organization under general law 1,637 Majority against minority representation in the city council* 29 State of Illinois, ) „ Sangamon County. I, Harry C. Watson, city clerk of the city of Springfield, in the county of San- gamon, and State aforesaid, do hereby certify that the foregoing is a true and correct transcript of the entry made upon the record of the proceedings of the city council of said city of Springfield, of the canvass of the votes, and showing the result of the election held April 4, 1882, upon the question of the organization of said city under “An act to provide for the incorporation of cities and villages,” in force July 1, 1872. , In witness whereof, I hereunto set my hand and affix the seal of said city of Springfield, this 20th day of April, 1882. [OFFICIAL SEAL.] HARRY C. WATSON, City Clerk, LINCOLN MONUMENT OKOUNDS. An Oedinance making a donation of a certain plat of ground in Oak Ridge Cemetery for the use of the National Lincoln Monument Association. [Passed July 31, 1865. Approved August 1, 1865.] Be it ordained by the City Council of the City of Springfield: 826. [Mayor and clerk authorized to convey a certain tract of land, including right of way, to Monument Association.l Sec. 1. That in consideration of respect for the memory of the illustrious dead, and in pursuance of a donation here- tofore made by the city council to the National Lincoln Mon- ument Association, 'of the land hereafter described, the mayor and city clerk of this city are hereby authorized and in- structed to convey, by a proper deed of conveyance, that portion of land beingj a part of Oak Eidge Cemetery, and con- taining in all six yIu acres, surveyed on the 3d day of July, 1865, by Z. A. Enos, according to a plat of said survey which is hereby attached, reserving in said deed to the city of Springfield, for the use of Oak Eidge Cemetery, the Ee- ceiving Vault now on said lot of ground, either to use or remove the same, also a right of way 20 feet in width along the whole length of the east side of said tract, for the use of Oak Eidge Cemetery. *The separate vote by wards is omitted in the above transcript copy. THE CITY OF SPRINGFIELD. 371 827 . Convegance in trust, etc., for monumental purposes — Ground to he used only as a burial place for the remains of Abraham Lincoln and his family.] § 2. But the said con- veyance shall be in trust, however, to possess, use and con- trol said lot of ground (subject to the general rules and regulations adopted for the government of Oak Kidge Cem- etery) for the purpose of grading, ornamenting and improving the same at pleasure, and in such manner as will promote the principal trusts interested hereby, which are: To pur- chase a suitable place for the final deposit of the honored remains of Abraham Lincoln, late president of the United States ; to inter said remains in a vault therein ; to erect a monument over said remains illustrative of his virtues and of his renown ; to preserve said lot of ground and said mon- ument in proper order during the corporate existence of said party of the second part, and at the termination of said corporate existence or the time to which by law it may be extended, to convey said lot of ground to the State of Illinois to be held forever by said State of Illinois, subject to the above trusts; and to re-convey to the city of Springfield so much of said lot of ground as may hereafter, in the opinion of said party of the second part, be unnecessary for the pur- poses of said monument, or the trusts above stated. It is, however, expressly understood and stipulated, and the said deed shall be made upon the express condition that the said lot of ground finally retained by the said party of the sec- ond part, shall never be used as a burial place for the remains of any other person but those of the said Abraham Lincoln, his widow, his sons, and his sons immediate family. And it is further stipulated and shall be made a condition of said deed, that the said party of the second part, its suc- cessors and assigns, shall always permit and grant to the above described persons, to-wit, the said widow and sons of the said Abraham Lincoln, and their immediate families, the right to be interred in the same vault with himself. An Oedinance in relation to the Lincoln Monument Association and Oak Ridge Cemetery. [Passed October 15, 1877.1 Be it ordained by the City Council of the City of Springfield, Illinois : 828 . The mayor and clerk directed to convey a certain parcel of land to the Monument Association.] Sec. 1. That the mayor and clerk of said city be and are hereby authorized and directed, for a like consideration and upon the same trusts as are specified and set forth in the ordinance of said city council, passed on the 31st day of July, 1865, and approved 372 SPECIAL ORDINANCES OF August 1, 1865, and entitled “An ordinance making a dona- tion of a certain plat of ground in Oak Kidge Cemetery for the use of the National Lincoln Monument Association,” to convey all that parcel of ground in said cemetery beginning at the southeast corner of the Miller lot of ground as fenced, thence south to the first valley on wet weather branch, thence up with said branch in a southeasterly direction to the point on the accompanying plat marked (A), thence due east to the main road leading into the cemetery from the south gate. 829 . Certain other land to he included in the deed.] § 2. That, as it is represented that the deed made by the said city to said association, in pursuance of said ordinance, has been lost or mislaid, that if said association should desire it to be done, that said mayor and clerk be also authorized and directed to include in the same deed the said land directed to be conveyed by the above mentioned ordinance. 830 . Plat of the ground to he made, etc.] § 3. That the city engineer be required to make a perfect plat of all the ground above directed to be conveyed, both by this and the aforesaid ordinance, making two copies thereof, the one to be filed with the city clerk to be kept among the records of said cemetery, and the other to be delivered with said deed to said association. RAILEOADS. ALTON AND SANGAMON RAILROAD COMPANY. An Oedinance allowing the right of way to the Alton and Sangamon Railroad Company, on Third street. [Passed March 20. 1851.1 Be it ordained h'y the City Council of the City oj Springfield: 831 . Right of way in Third street its tvhole length — con- ditions.] Sec. 1. The Alton and Sangamon Railroad Com- pany are allowed the right of way in Third street, in said city, throughout its whole length and width, except a strip ten feet wide on each side of the street, in front of all prop- erty on said street but their own, for sidewalks, so* far as may be necessary for the construction, completion and con- venient enjoyment of their railroad within and upon said street : Provided, that said company shall not erect any THE CITY OF SPKINGFIELD. 373 building within or upon said street ; that said company shall so grade, level, and bridge said street, on at least one side of the track, as to be at all times conveniently passable for teams, with convenient access to and from the same, on both sides thereof, at each street and alley crossing said track ; that said company shall make, construct, and at all times keep in repair, sufficient and suitable culverts, ditches, and whatever else shall be needful for the complete drainage of said Third street ; that the locomotives, cars, etc., of said company, ’shall not, while within the limits of said city, move at a greater speed than the rate of six miles per hour : And provided, further, that the said city does not assume to make compensation for any injury which may be done to private property by said company, and does not assume to interfere with any legal claim for damages which the owners of private property may at any time have against said com- pany. An Oedinance amendatory to the ordinance allowing the right of way to the Alton and Sangamon Eailroad Company. [Passed June 26, 1851.1 Be it ordained by the City Cou7icil of the City of Springfield: 832 . Culverts, bridges, etc., to be constructed under direc- tion of the city council.'] Sec. 1. The ordinance in relation to the Alton and Sangamon railroad company, allowing said company the right of way, in part, over and upon Third street, passed March 20, 1851, is so amended as to require said company, in the construction of culverts, bridges, ditches, and whatsoever else shall be useful and needful for the complete drainage of said Third street, to do, execute and perform the same, in conformity to, and with the direc- tion of, the city council of said city. PANA, SPRINGFIELD AND NORTHWESTERN RAILROAD CO. An Oedinance granting the right of way to the Pana, Springfield and North- western Railroad Company. [Passed March 3, 1869. Approved March 5, 1869.] Be it ordained by the City Council of the City of Springfield: 833 . Right of ivay allowed upon any street or avenue in the city — conditions thereto.] Sec. 1. That the Pana, Spring- field and Northwestern railroad company are hereby allowed the right of way in or upon any street or avenue in said 374 SPECIAL ORDINANCES OF city, throughout its whole length, but not so as to interfere with that portion reserved for sidewalk purposes, so far as may be necessary for the construction, completion, operation and convenient enjoyment of their railroad, within and upon said street or avenue : Provided, that said company shall not erect any building, fence or other obstruction of any kind within or upon the limits of said street or avenue. That said company shall so grade, level and bridge said street or avenue, on both sides of their track, as to be at all times conveniently passable tor teams and carriages, with convenient access to and from the same, as well as on both sides of each street and alley crossing said track. That said company shall make, construct, and at all times keep in repair, sufficient and suitable crossings for foot passengers, culverts, ditches, and whatever else shall be needful for the complete and convenient passage, use and drainage of said street or avenue. That the locomotives, cars, or other roll- ing stock of said company, shall not, while within the limits of said city, move at a greater speed than the rate of six (6) miles an hour: And provided, further, that said city does not assume to make compensation for any injury which may result or be done to life, health, or private property, by said company, and does not assume to interfere with any legal claim for damages which any person or persons, or the owner of private property, may have, either in the location or op- eration of said railroad, at any time, against said company, for injury, life, health or private property aforesaid : And it is farther provided, that the location of said railroad through said city shall be established, and the construction of cul- verts, ditches, and whatever else shall be useful and needful for the complete drainage of said street or avenue, shall be done and performed only with the consent and in conform- ity to, and under the direction of, the city council of said city, acting through the city engineer : And provided, further, that in case South Grand Avenue shall be selected for the location of said railroad, the said railroad track shall be located and constructed so as not in any way to interfere with the section and quarter-section movements, known as the government and sub-division corners : And provided, further, said railroad company shall be subject to the ordi- nances of said city relating to railroads, and to such as shall be hereafter passed relating thereto : Provided, that if either grand avenue shall be selected, then the track shall he located not less than six feet within the center line of said avenue, so selected. THE CITY OF SPRINGFIELD. 375 SPRINGFIELD AND ILLINOIS SOUTHEASTERN RAILWAY COMPANY. An Okdinance granting the right of way to the Springfield and Illinois South- eastern Railway Company, on Madison street and Salome avenue. [Passed July 6, 1870, Approved July 7, 1870.1 Whereas, the Springfield and Illinois Southeastern Eail- way Company, into which the Pana, Springfield and North* western Bailroad Company has been consolidated, in pursu- ance of an ordinance of the city council of the City of Springfield, approved March 5th, A. D. 1869, granting the right of way to said last named company on or upon any street or avenue through said city, have located their said railroad upon Madison street, west from Third street and upon Salome avenue ; therefore. Be it ordained hy the City Council of the City of Springfield: 834. Permission to construct and operate railroad on Madi- son street and Salome avenue, subject to ordinance of March, 1869.] Sec. 1. That consent and permission is hereby given to the said Springfield and Illinois Southeastern Eailway Company to construct, maintain and operate their said rail- road through and upon said Madison street and Salome avenue, as the same has been located by said company; said road to be constructed as aforesaid, under the super- vision of the committee on streets and alleys and the city engineer, but at the sole expense of said company, subject to all requirements contained and prescribed in the said ordinance of March the 5th, 1869, granting the right of way aforesaid, to the Pana, Springfield and Northwestern Eail- road Company : Provided, that the said railroad company shall not lay any side-track or switches along said Madison street or Salome avenue, and shall keep the ties down to the level of the grade thus established by the city engineer, and shall fill up between the ties so as not to impede travel across or along said track : A7id, provided, also, that nothing herein contained shall be construed to prevent said company from making connection with their private prop- erty. 835. In force from passage.] § 2. This ordinance shall take effect and be in force from and after its passage. 376 SPECIAL ORDINANCES OF THE SPRINGFIELD AND ILLINOIS SOUTHEASTERN, GILMAN, CLINTON AND SPRINGFIELD, AND SPRINGFIELD AND NORTHWESTERN RAILWAY COMPANIES. An Okdinance granting the right of way to the Springfield and Illinois South- eastern Railway Company; Gilman, Clinton and Springfield Railway Com- pany, and Springfield and Northwestern Railway Company. [Passed March 11, 1871. Approved March 11, 1871.1 Be it ordained hy the City Council of the City of Sprmgfield: 836. Right of way granted to said companies^ on Madison street, on certain conditions.'] Sec. 1. That the Springfield and Illinois Southeastern Railway company, the Gilman, Clinton and Springfield Railroad company, and the Spring- field and Northwestern Railroad company are hereby granted the right of way in and upon Madison street, from the east line of Thirteenth street west through said city, and through that part lying east of Fifteenth street to East Grand Ave- nue, upon a single track, in the center of said street, together with such side tracks as may be necessary for the successful operation of said railroads, subject to the follow- ing conditions : 837. Companies not released from liability to property holders hy reason of location and operation of road.] § 2. That the said railroad companies are not, by this ordinance, released from any liabilities to property holders on said street, or for any damage that may hereafter be assessed by reason of locating and operating the road on said street. 838. Springfield and Illinois Southeastern Company to aban- don its line on South Grand Avenue, etc.] § 3. That the Springfield and Illinois Southeastern Railway Company abandon their present line on South Grand Avenue, and remove their track from said avenue. Said railroad com- pany shall level and grade said avenue where their track is now located, so as to leave said avenue in as good condition for street purposes as it was before said company took possession of it. 839. No depot or side track between Siocth and Third streets, without permission of council.] § 4. That no depot, either freight or passenger, shall be constructed, or side track laid, between the west side of Sixth street and the east side of Third street, on said Madison street, except by special permission from the city council. THE CIT^ OF SPRINGFIELD. 377 840 . Companies not to er^ect buildings or other obstructions on Madison street.] § 5. That said companies shall not erect any buildings, fences, or other obstructions within or upon the limits of said Madison street. 841 . To grade, level and bridge street on both sides of the track, so as to be passable for teams, etc.] § 6. That said com- panies shall so grade, level and bridge said street on both sides of their track, so as to be conveniently passable for teams and carriages, as well as on both sides of each street or alley said track may cross, and they shall always keep the same in a good passable condition. 842 . To construct and keep in repair crossings, culverts and ditches.] § 7. That said companies shall construct and keep in repair, suitable crossings for foot passengers. Also culverts and ditches for the complete drainage of said street. 843 . Locomotives and cars not to move at a greater speed than six miles an hour.] § 8. That the locomotives, cars, or other rolling stock of said companies, shall not move within the city limits at a greater rate of speed than six miles per hour. 844 . Grading and construction of culverts to be done under the direction of city engineer.] § 9. That the grade of said railroad through said city shall be established, and the con- struction of culverts, ditches, and whatsoever else may be necessary for the complete drainage of said street, shall be done and performed only with the consent of the city council, and under the direction of the city engineer. 845 . The ties of track to be bedded even with the surface grade of Madison street.] § 10. That said railroad compa- nies shall so construct and lay said track, and so bed the ties of said roads that the top of the ties of said track shall always be level with the surface grade of said Madison street, and of all the streets and alleys now intersecting or here- after to intersect with said Madison street. 846 . Locomotives and cars^ not to obstruct street or alley crossings longer than five minutes.] § 11. That said railroad companies shall not allow any locomotive, cars, or rolling stock belonging to them, or either of them, or any other substance or thing, whatever, to obstruct any street, or alley crossing more than five (5) minutes at any one time, under such penalties as the city council may prescribe by ordi- nance. 847 . In case of the construction of depot, a roadway to be opened forty feet wide and kept in repair, etc.] § 12. That said railroad companies, when they, or either of them, shall con- struct or purchase any passenger or freight depot upon the line 378 SPECIAL ORDINANCES OF of said Madison street, or adjacent thereto, they shall open a roadway at least forty (40) feet wide, extending the whole length of the block or blocks on which said depots shall be constructed or purchased ; said roadway shall be on the side of said depots furthest from the said track, and running par- allel with said Madison street, and said railroad companies shall always keep the said roadway in good repair and pass- able condition for vehicles and foot passengers, without any expense or charge to said city, and that said roadway shall always be deemed and taken to be a public highway. 848 . Single track only on Madison atreet, except at certain places — roadway on both sides of street 18 feet tvide, except, etc.'] § 13. That nothing in this ordinance contained shall be con- strued as to give said railroad companies, or either of them, any right to construct more than a single track on said Madi- son street, except between the west side of Sixth street and the west side of Tenth street ; and between the west side of Sixth street and the west side of Tenth street, said railroad companies shall always leave a roadway on Madison street, of at least eighteen (18) feet in width on both sides of any track or tracks they or either of them shall lay down on said street, except in front of any freight or passenger depots of said railroad companies, or either of them, there shall be a roadway of sufficient width for the passage and re-passage of vehicles. 849 . Before said companies lay down track under ordinance i they shall procure right of way from 13th to 15th street, and dedicate for street purposes.] § 14. That before said railroad companies, or either of them, shall lay down their track on said Madison street, the said railroad companies or any one or more of them desiring to lay down their track under the provisions of this ordinance, shall procure the right of way on said street from Thirteenth street directly east to Fifteenth street, or give bond and security to the satisfaction of the mayor and city council, that they will procure the right of way between Thirteenth and Fifteenth streets, under any law now in force, or hereafter to be enforced, in relation to the right of way of the same width of Madison street west of said streets, and will dedicate to the city, for a street, so much of the track, so condemned or procured, as shall not be needed for the purposes of said road or roads, for a single track. 850 . Companies not to he released from' payment of damages to property.] § 15. That nothing herein contained shall be so construed as to release said railroad companies from the payment of any damages by the reason of the taking or im- pairing of any property of the City of Springfield. THE CITY OF SPRINGFIELD. 379 851 . Companies subject to all ordinances in jorce, or that may he hei'eafter passed, relating to raib'oads.] § 16. That in addition to the restrictions herein contained, said railroad companies shall be subject to all ordinances now in force, or hereafter to be passed in relation to railroads, not incon- sistent with the Constitution or laws of the State of Illinois. 852 . The companies to pay or secure to property holders any damages that may he assessed hy reason of taking or dam- aging property.] § 17. Provided, before said railroad com- panies, or either of them, shall lay down any track on said Madison street, said companies, or any one laying down the same, shall pay or tender to the owners, or secure, to the satisfaction of the mayor of the city of Springfield, the pay- ment of all damages to property holders along said street, assessed or to be assessed by the proper tribunals, by reason of the taking or damaging of any such property by said rail- road, or either of them. An Oedinance amendatory to an ordinance, entitled “An ordinance granting the right of way to the Springfield and Illinois Southeastern Railroad Com- pany, the Gilman, Clinton and Springfield Railway Company, and the Springfield and Northwestern Railway Company. [Passed August 14, 1871. Approved August 15, 1871.1 Be it ordained hy the City Council of the City of Springfield: 853 . Ordinance of March 11, 1871, so altered that the con- ditions therein shall only he applicable to the Springfield and Illinois Southeastern Raihvay Company .] Sec. 1. That sec- tions first and third of an ordinance passed by the city council of the City of Springfield, on the 11th day of March, 1871, and approved by the mayor of said city, on said day, and entitled “An ordinance granting the right of way to the Springfield and Illinois Southeastern Kailway Company, Gil- man, Clinton and Springfield Kailway Company, and the Springfield and Northwestern Kailway Company,” be and the same is hereby so altered and modified that the condition in said sections shall only be applicable to the Springfield and Illinois Southeastern Kailway Company, and the rights conferred upon the other two companies by section first of said ordinance, shall not depend upon the condition imposed on the said Springfield and Illinois Southeastern Kailway Company, by section third of said ordinance, but said condi- tion in said section three, in said ordinance, shall remain in full force as to the last named company. 380 SPECIAL ORDINANCES OF An Ordinance amendatory of an ordinance entitled, “An ordinance granting the right of way to the Springfield and Illinois Southeastern Railway Com- pany, the Gilman, Clinton and Springfield Railway Company, and the Springfield and Northwestern Railway Company, so as to allow the location of the passenger depots of said railroads between Fifth and Sixth streets. [Passed September 5, 1871. Approved September 5, 1871.1 Be it ordained hy the City Council of the City of Springfield: 854 . Permission to construct and use passenger depot on Madison street.'] Sec. 1. That the special permission of the city council is hereby given to the Springfield and Illinois Southeastern Railway Company, the Gilman, Clinton and Springfield Kailroad Company, and the Springfield and North- western Eailroad Company, jointly, or to any one or more of them, to construct and operate a passenger depot between Fifth and Sixth streets of said city, for the use of said rail- road or railroads, on Madison street, and. to lay down and use one side track only for that purpose, anything in any former ordinance to the contrary notwithstanding: Provided, that such side track, and the main track for the full length of such side track, shall be planked the full width of the tracks with three-inch plank, with an eight-inch plank of three inches thickness on the outside of the rails. 855 . Signals — penalty.] § 2. All signals on Madison street, between the east side of Third street and west side of Tenth street, shall he made by bell only ; and any engineer, fireman, or other employe or officer of either of said roads, sounding a whistle within the above named limits, shall be liable to a fine of fifty ($50) dollars for each and every such offense. 856 . When in force.] § 3. This ordinance shall take ef- fect and be in force from and after its passage. THE SPRINGFIELD AND ILLINOIS SOUTHEASTERN AND SPRINGFIELD AND ST. LOUIS RAILROAD COMPANIES. An Ordinance granting the right of way to the Springfield and Illinois South- eastern Railway Company, and the Springfield and St. Louis Railroad Com- pany, to a part of East Grand Avenue. [Passed February 6, 1872.1 Be it ordained hy the City Council of the City of Springfield: 857 . Bight oj way on East Grand Avenue from the southern end thereof to north side of Madison street.] Sec. 1. The Springfield and Illinois Southeastern Eailroad Company, and the Springfield and St. Louis Eailroad Company, are hereby THE CITY OF SPRINGFIELD. 381 granted the right of way over and upon the center line of East Grand Avenue, in said city of Springfield, except at the corners near South Grand Avenue and Madison street, at which points said companies are granted the use of such portions of said avenue as may be neeessary to make the proper curves to and from said avenue from the southern end thereof, up to the north side of Madison street, where said Madison street intersects said avenue ; and the said railway companies are hereby authorized to construct, main- tain and operate a single track for the use of both railways over and upon the parts of said avenue, hereby granted upon the following conditions : 858 . The railroad companies not released from any legal liability to property owners.] § 2. That said railway compa- nies are not by this ordinance released from any legal lia- bility to property owners on said avenue, or from any damages which may be legally incident to said property owners by reason of the occupancy of said avenue under this ordinance. 859 . Upon completion of track on East Grand Avenue, the Springfield and Illinois Southeastern Co. to abandon line on South Grand Avenue.] § 3. Upon the completion of the track of said railway companies upon said East Grand Ave- nue as herein authorized, the said Springfield and Illinois Southeastern Eailway Company shall abandon their present line of track on South Grand Avenue, from where ,they leave said last named avenue, and remove their present track therefrom, and they shall level and grade said avenue where their track is now built, so as to leave the said avenue in as good condition for street purposes as it was before said company laid their track thereon. 860 . Locomotives and cars not to move faster in city than authorized by ordinance.] § 4. That the locomotives, cars, or other rolling stock of said companies shall not move within the city limits at a greater rate of speed than is, or may be, prescribed by the ordinances of said city. 861 . To level and plank road at crossing of any public highivay, etc.] § 5. That when any public highway crosses said East Grand Avenue, and said highway, or the line thereof, shall be crossed by the line of said railway companies, the said companies shall so level and place the ties of their said road and plank the same, so as to afford an easy and safe crossing of their said railroad track, by ordinary vehicles, and shall forever maintain and keep such crossing in repair. 862 . Subject to all ordinances in force, or hereafter to be passed.] § 6. That in addition to the restrictions herein contained, said railway companies shall be subject to all 882 SPECIAL OEDINANCES OF ordinances now in force, or hereafter to be enated in rela- tion to the running of railroads, by the city council of said city, and which are not inconsistent with the Constitution and laws of the State of Illinois. ^ 863 . Companies to file acceptance of ordinanee within thirty days.] § 7. The said Springfield and Illinois Southeastern Eailroad Company, and said Springfield and St. Louis Kail- road Company, or either of them, shall, within thirty days from the passage of this ordinance, file with the city clerk a written acceptance of the same* and a failure to file said acceptance as above directed shall render this ordinance void and of no force or effect. 864 . Whenever required by the council, shall erect and maintain crossings.] § 8. That whenever the growth of the city shall, in the judgment of the city council, render cross- ings for pedestrians necessary across the track of said com- panies, on East Grand Avenue, said companies shall erect and forever maintain such crossings. Acceptance by railway company of the foregoing ordinance. Spkingfield, III., Feb. 10. 1872. To the Mayor and City Council of the City of Springfield: Gentlemen— You are hereby notified that the Springfield and Illinois South- eastern Railway Company accepts the ordinance passed by your honorable body on the evening of February G, 1872, granting the said railway company the right of way on East Grand Avenue in said city, irom its southern end to Madi- son street, and they will proceed to construct their road thereon, in accordance with the terms of said grant, as soon as the arrangements necessary to that end can be made; and that they will comply with the provisions of sr,id ordinance. Very respectfully yours, etc.. The Speingeield and Illinois Southeasteen R. W. Co. By Oeland Smith. General Superintendent. An Oedinance amending an ordinance passed February 6, 1872, granting to the Springfield and Illinois Southeastern Railway Company, and the Springfield and St. Louis Railroad Company, a right of way to a part of East Grand Avenue. [Passed March 5, 1872.1 Be it ordained by the City Council of the City of Springfield: 865 . Right of way on East Grand Avenue amended.] Sec 1. That the first section of the ordinance above named be, and the same is hereby, so amended that the said rail- way companies, and either of them, are and shall be author- ized to lay down their railroad track, and maintain and operate the said railways over and upon said track, over and upon any part of said East Grand Avenue not less than twenty (20) feet from the east line thereof ; subject to all the THE CITY OF SPRINGFIELD. 383 other provisions, restrictions and limitations in said original ordinance above named, provided and contained. This amendment is granted upon the express condition that the city shall have the same right to Tax the road-bed as in the original ordinance. 866 . In force from passage,] § 2. This ordinance shall take effect and be in force from and after its passage. ILLINOIS CENTRAL RAILROAD COMPANY. An Oedinance in relation to the Illinois Central Railroad Company. [Passed February 25. 1878. Approved February 28. 1878.1 Be it or darned by the City Council of the City of Springfield: 867 . Right of way given to cross Seventh and Eighth streets with tivo side-tracks.] Sec. 1. That permission is hereby, upon the conditions and for the considerations hereinafter mentioned, granted the Illinois Central Eailroad Company to cross Seventh and Eighth streets with two side-tracks, as follows : First, a track diverging northwesterly from the main track of said company on Madison street, at a point not more than two hundred and forty feet east from east line of Eighth street, crossing said street at a point about forty feet north of the intersection of center lines of Eighth and Madison streets, thence across the south half of block six of J. and E. Mitchell’s addition, and lots three and four of block one of Mitchell’s addition to the city of Springfield, Illinois, crossing Seventh street at a point about one hun- dred and twenty-five feet north of the intersection of center lines of Seventh and Madison streets. Also, a second track diverging from last mentioned track at a point west of and near the west line of Eighth street, crossing the south half of block six and lots three and four of block one, above de- scribed, and crossing Seventh street at a point north of the aforesaid track ; but the north end of the ties of the north track shall at no point approach nearer than ten feet to the south line of the first alley north. 868 . Company to lay and maintain plank pavement on 7th and 8th streets hetiveen the lines of their track — to alloiv no stock cars to he loaded or unloaded on said side-tracks — to make and keep in repair sidewalks in front of their property, etc.] § 2. The permission to cross said streets is given in con- sideration of and upon the express condition, that said Illinois Central Eailroad Company shall make and maintain, at their 384 . SPECIAL ORDINANCES OF own cost, a plank pavement on Seventh and Eighth streets, from the south line of Madison street to a point not less than forty feet north of their most northern track, said pavement east and west to extend the whole width of said Seventh and Eighth streets from sidewalk to sidewalk; and shall, in constructing and repairing said tracks, conform to the grade of said streets, and shall allow no cars loaded with live stock to stand, or be loaded or unloaded on said tracks ; and that wherever the north rail of the aforesaid tracks shall approach within twenty feet of the nearest line of the sidewalk on Madison street, the said railroad company shall acquire the title to the property fronting thereon, unless the owners thereof shall waive all objection to the building of said tracks. The said railroad company shall also make, and at all times keep in repair and unobstructed, sidewalks, in accordance with the ordinances in relation thereto, adjoin- ing all property owned or used by said railroad company. And, in addition to the restrictions and requirements afore- said, the said railroad company shall be jbound by all the restrictions, requirements and provisions of an ordinance of the city council of the city of Springfield, entitled “An ordi- nance granting the right of way to the Springfield and Illinois Southeastern Eailway Company, Gilman, Clinton and Springfield Eailway Company, and Springfield and North- western Eailway Company,” passed March 11, 1871, and the general ordinances that are or may be passed in relation to railroads. 869 . Penalty for neglect or refusal by said company to com- ply with provisions of ordina^ice.] § 3. If the aforesaid Illinois Central Eailroad Company, having availed itself of the permission granted by this ordinance, shall neglect or refuse to comply with any of the requirements or restric- tions or provisions of this ordinance, or any of the ordinances before mentioned, shall, for every such neglect or refusal, be subject to a penalty of not less than twenty-five dollars; and a recovery of said penalty for any such neglect or refusal shall not be a bar to any future prosecution for like neglect or refusal. 870 . When in force.'] § 4. This ordinance shall take effect and be in force from and after its passage. THE CITY OF SPRINGFIELD. 385 OHIO AND MISSISSIPPI RAILWAY COMPANY — RIGHT OF WAY FOR SIDE- TRACK ON PART OF WEST MADISON STREET. An Ordinance granting permission to the Ohio and Mississippi Railway Com- pany to construct, maintain and operate a side-track on the north side of their main track in Madison street, from the west line of Second street to, the west line of Rutledge street. [Passed May 16, 1883. Approved May 19 1883.1 Be it ordained hy the City Council of the City of Springfield: 871. The railway company given permission to construct and maintain side-track on Madison street from west line of Second to west line of liutledge street.'] Sec. 1. That per- mission and consent is hereby given to the Ohio and Mis- sissippi Railway Company to construct, maintain and operate one side-track on the north side of their main track in Madison street, commencing at a point where said main track crosses the west line of Second street, thence west along the north side of said main track to a point where said track crosses the west line of Rutledge street ; that the distance from the center line of said main track to the center line of said side-track shall not exceed fourteen feet, so that the sidewalk on the north side of said street shall be twelve feet in width, and the space between the curbing of said sidewalk and the noiTh line of said side-track shall not be less than fourteen feet. 872. Permissio7i granted subject to certain conditio7is.] § 2. The permission aforesaid is given and granted to said com- pany subject to all the conditions imposed by the ordinance of the city council passed March 11, 1871, and the amend- ments thereto, passed September 5th and December 9th of that year, granting the right of way to the Springfield and Illinois Southeastern Railway Company in and upon Madison street (which said last named company is now known as, and operated by, the company hereinbefore named), and subject also to the following conditions : First. — That nothing herein contained is intended to release the said Ohio and Mississippi Railway Company from any conditions heretofore imposed by any ordinance relative to repairing streets on the line of their road in said city of Springfield. Second. — That said railway company shall lay a line of drain-tile along the north side of Madison street from the west line of Second street to the sewer opening on the west line of Klein street, at such distance from the curbing on the north side of said Madison street as the Street and Alley committee of the city council may direct ; the tile used to be —25 386 SPECIAL ORDINANCES OF not less than six (6) inches in diameter, and the same when laid to form, in all respects, a suitable drainage for the north side of said Madison street ; and said company shall keep said drain in good repair. Third . — That said railway company shall make the grade of its main track and side-track conform to the grade of Madison street, in accordance with the ordinances now in force, or which may hereafter be in force, establishing the grade of said Madison street ; that said company shall grade that portion of Madison street between the west line of Second street and the west line of Klein street lying between the north rail of said side-track and the south line of the side- walk on the north side of Madison street up to a level with the grade of said main and side-tracks, using for said pur- pose cinders and such other material as will make a good and convenient roadway for the passage of vehicles, (the same to be subject to the approval of the city council,) and shall keep and maintain the same in good repair; and said company shall also keep in good repair that portion of Madi- son street on the north side of said side-track, and the south line of the sidewalk on the north side of said street, be- tween the west line of Klein street and the west line of Rut- ledge street. Fourth . — That said company shall plank that portion of Madison street south of the north rail of their main track to the south line of said street at the intersection with Second street, the full width of Second street, with three-inch boards, and keep the same in good repair, and shall keep their said main and side-tracks on a level with the surface of the street, so that such tracks may be crossed at any place on said Madison street ; and they shall make and keep in repair proper and convenient crossings, with necessary approaches thereto, at the intersection of the streets and alleys with said Madison street, subject to the approval of the city council. Fifth . — That said company shall take up, within sixty (60) days after the passage of this ordinance, the side-track now on the south side of their main track, between the west line of Third street and the west line of First street, and shall plank that portion of the track leading from main track to their new “freight yard,” and that portion of their track con- necting with the Chicago and Alton railroad in Madison street, making the south side of said Madison street, between Third and First streets, a safe and convenient roadway for vehicles ; the same to be approved by the city council. Sixth . — That in the event that the city council of said city shall, by ordinance, order any portion of Madison street, be- tween the west line of Second street and the west line of THE CITY OF SPRINGFIELD. 387 Tiutledge street, to be paved, the said railway company shall pave that portion of said Madison street between the north rail of said side-track and one foot in width on the north side of said north rail of said side-track and the south rail of said main track, and one foot in width along the south side of said south rail of said main track, for such distance east and west in said Madison street, as the said city council may by ordinance direct; and in the event said company should fail to pave, as provided by ordinance -aforesaid, the said city council may cause said paving to be done in pur- suance of such ordinance, and the said company and their assigns shall pay to the city of Springfield the sum expended for said paving, with interest, on demand, and in default thereof, said city may sue for and collect the same in any court of competent jurisdiction. 873 . In case of company failing to comply with conditions, the city council may revoke the permission herein granted, etcj] § 3. In case the said railway company, or their assigns, shall at any time fail or refuse to comply with any of the foregoing conditions, the permission hereinbefore given to lay said side-track in said Madison street, may be revoked and annulled at the option of said city council, and the said com- pany shall, within thirty (30) days after the service of notice of such revocation, remove said side-track from said street, and restore the portion of said street theretofore occupied by ■said side-track to the surface grade of the remainder of the street, so that the same may be conveniently and safely ■traveled ; and in default of such railway company, or their assigns, to remove said side-track and restore said street as aforesaid, the same may be done by the city of Springfield, and the cost and expense thereof shall be paid by said com- pany, or their assigns, or recovered by suit, in the name of the corporation, before any court of competent jurisdiction. 874 . Cars or locomotives not to stand on side track, except ivhen waiting for passage of trains on main track.} § 4. No cars or locomotives shall be allowed to stand on said side- track, except when waiting for the passage of trains on the main track, and in no event shall said side-track be used for switching off or stationing cars or engines to remain for any other purpose or longer time than to allow such trains to pass on said main track. 875 . Further conditions and restrictions.]] § 5. In addi- tion to the conditions and restrictions hereinbefore set forth, the said railroad company shall be subject to all ordinances of said city now in force, or which may hereafter be passed and in force, relating to railroads, and not inconsistent with the Constitution and laws of the State of Illinois. 388 SPECIAL ORDINANCES OF 876 . When ordinance to take effect.] § 6 . This ordinance shall take effect and be in force from and after its accept- ance by said railroad company, which acceptance shall be in writing, and shall be communicated to the city council of said city within twenty days from the passage hereof, and be entered upon the journal of said council. Acceptance oj' the foregoing ordinance, by railway company: Ohio and Mtssissippi Railway Co., Division Sup’t’s OiYice, St. Louis, May 19, 1883. To the Honorable Mayor and City Council of Springfield, 111.: In accordance with Section 6 of an ordinance passed and approved May 19th, giving permission for the Ohio and Mississippi Railway Co. to lay a side track on the north side of its main track, in Madison street, between Second and Rutledge streets, is hereby accepted, subject to the conditions of said ordi- nance. Yours truly, C. M. STANTON. Div. Sup’t Oaio and Miss. R. R. Co HORSE RAILWAYS. SPRINGFIELD CITY RAILWAY COMPANY. An Act to promote the construction of horse railways in the City of Springfield. [Approved February 18, 1861.— See Private Laws of 1861, page 343.] 877 . Corporation created— power and authority.] Sec. 1. Be it enacted by the People of the State oj Illinois, represented in the General Assembly: That Jacob Bunn, John T. Stuart, Stephen T. Logan, Benjamin S. Edwards, Christopher C. Brown, Thomas S. Mather and George Carpenter, and their successors, are hereby created a body politic and corporate, by the name of “The Springfield City Railway Company,’' for the term of fifty years, with all the powers and authority incident to corporations, for the purposes hereinafter men- tioned. 878 . May construct and operate railways on streets and highways.] § 2. The said corporation is hereby authorized and empowered to construct, maintain and operate a single or double track railway, with all necessary and convenient tracks, for turnouts, side-tracks and appendages, in the THE CITY OF SPRINGFIELD. 889 City of Springfield, and in, on, over and along such street or streets, highway or highways, within the present or future limits of the City of Springfield. 879 . Capital stock — issue and transfer.'] § 3. The capital stock of said corporation shall be fifty thousand dollars, and may be increased from time to time, at the pleasure of said corporation. It shall be divided into shares of fifty dollars each, and be issued and transferred in such manner, and upon such conditions, as the board of directors of said cor- poration may direct. 880 . Board of directors — appointment and authority.] § 4. All the corporate powers of said corporation shall be vested in, and exercised by, a board of directors, and such officers and agents as said board of directors shall appoint. The first board of directors shall consist of J. Bunn, J. T. Stuart, S. T. Logan, B. S. Edwards, C. C. Brown, T. S. Mather, and George Carpenter ; and thereafter of not less than three nor more than seven stockholders, who shall be chosen each and every year, by the stockholders, at such time and in such manner as the said corporation shall, by its laws, pre- scribe. The said directors shall hold their office until their successors are elected and qualified, and may fill any vacancy which may happen in the board of directors, by death, resig- nation, or otherwise. They may also adopt such by-laws, rules and regulations, for the government of said corporation, and the management of its affairs and business, as they may think proper, not inconsistent with the laws of this State. 881 . Raihvays may he extended — taking property therefor.] § 5. The said corporation is hereby authorized to extend the said several railways, herein authorized to be built, in the manner aforesaid, to any point or points within the county of Sangamon, in this State ; and to enable said corporation to construct any or all of the railways herein authorized, or their appendages, the said corporation is hereby vested with power to take and apply private property for the purpose, and in the manner prescribed by an act entitled “An act to amend the law condemning right of way, for purposes of internal improvement,” approved June 22, 1852, and the several acts amendatory thereof; and may exercise all the powers conferred upon railroad corporations by the 25th and 26th sections of “An act to provide for a general system of railroad incorporations,” approved November 5th, 1849, ascer- taining and making recompense for all damages sustained, agreeable to the provisions of the act hereinbefore first mentioned, v 882 . May use any highway in the county.] § 6. The said corporation is hereby authorized to lay down and maintain 390 SPECIAL ORDINANCES OF its said railway or railways, in, upon, over and along any common highway in said county, but in such manner as not to obstruct the common travel of the public over the same. In all cases, when vehicles shall meet the cars or carriages of said railways, either in the city or county, said vehicles shall give way to the cars or carriages on the railway ; and the said corporation may take, hold, mortgage and convey real estate. 883 . This act a public act, etc.] § 7. This act shall be deemed a public act, and noticed by all courts as such with- out i pleading, and shall take effect from its passage. An Oedinance authorizing the Springfield City Horse Railway Company to construct a road from Market street on Fifth or Sixth streets to Oak Ridge Cemetery. [Passed March 28, 1866. Approved March 29, 1866.1 Be it ordained by the City Council of the City of Springfield: 884 . Company authorized to construct a track to Oak Ridge Cemetery.] Sec. 1. The Springfield Horse Eailway Company is hereby authorized to construct, maintain and operate a double or single track railway, to be worked by horse power, only, from Market street on Fifth or Sixth street, thence north to Jefferson on Sixth street, thence west on Jefferson to Fifth, thence north on Fifth or Sixth streets to Grand Avenue, and thence to Oak Ridge Cemetery. Said company to elect which route they will take, and file said election with the city clerk within sixty days. 885 . Track to be laid even with the grade of streets, etc . — to be kept in good repair.] § 2. The track of said railway shall be laid on a grade even with the grade of the street through ’which it may pass, and so that the free flow of water in the lateral and cross gutters is not thereby ob- structed, and the space between the tracks or rails, and for one foot outside of the rails shall be kept in good repair by said company, so as not to obstruct the passing, crossing or traveling of said street by other vehicles. 886 . Rights reserved by city — removal of track for improve- ments in streets.] § 3. The City of Springfield reserves the right to take up and remove the rails of said company, whenever it shall be necessary for the repair and improve- ment of the streets, or for the. laying of water or gas pipes, or for the construction of sewers, or for other purposes, on the streets on which said roads may be laid, and such im- provements shall be made by the city without unnecessary delay, and the track shall be taken up and relaid by said company at their own cost and expense. THE CITY OF SPRINGFIELD. 391 887 . Grading — ivater courses — planking and street crossings to he re-laid.] § 4. Said company shall do all the necessary grading in order to make their track conform to the grade of the street, and shall construct water courses wherever it may become necessary from the laying of said railway. Said water courses shall be constructed according to the plans furnished by the city engineer. Said company shall relay all planking and street crossings, and leave the planking in as good repair as it was before being removed. 888 . Liability of company for damages.] § 5. The said railway company^ shall, in all cases, be legally liable for all injuries and damages resulting to any person through care- lessness or negligence of any person operating or employed on said road. 889 . Subject to all ordinances hereafter passed.] § 6 . Said company shall be subject to all existing ordinances, and also to all ordinances that may hereafter be passed, concern- ing street railroads. 890 . Other rights reserved hy city.] § 7. The City of Springfield reserves the right to construct railways upon such streets or avenues, or may cross any of the streets or avenues, upon which said company is hereby authorized to build a road. 891 . How road to he- constructed and operated.] § 8. The gauge of said track of said railway shall be five (5) feet two inches, and the rail used in the construction of said track shall be the T rail, and shall be maintained in good order and repair by said company, and be operated at all reason- able times, for the use of the public, and each passenger .may be required to pay a fare not exceeding ten (1C) cents, from Market street to Oak Kidge Cemetery. 892 . In force twenty-five years.] § 9. This ordinance shall be and remain in force twenty-five years from and after its approval. CAPITAL HORSE RAILWAY. An Ordinance to authorize a horse railway. [Passed August 7, 1865.1 Be it ordained hy the City Council of the (City of Springfield: 893 . Certain persons authorized to build a railway on cer- tain streets.] Sec. 1. There is hereby granted to Jesse K. Dubois, John Williams, D. L. Phillips, Edward L. Baker, 392 SPECIAL ORDINANCES OF John T. Smith, Alexander Starne, J. S. Bradford, A. W. French, A. Schwartz, Thomas J. Dennis, George W. Shutt, James Brown, Michael Doyle, Daniel Morse, H. B, Ives & Son, Hill & Hughes, Charles H. Lanphier, B. F. Stevenson, J. W. Smith, S. M. Cullom, Erastus Wright, and such other persons as may hereafter become associated with them, and to their executors, administrators and assigns, permission, authority and consent of the city council of the city of Springfield, to lay a single or double track for a railway, with all the necessary and convenient tracks for turnouts, side-tracks and _ switches, in the . following streets in said city, to-wit : Monroe street west of Sixth, Walnut street, and Governor street, to the city limits. 894. Grade — not to he changed, etc.] § 2. The said rail- way is to be constructed on such grade as shall be estab- lished by said city, on the streets named in this ordinance, which said grade shall not, during the continuance of said railway, be altered or changed, at the cost or damage of said company. 895. Track to he laid to surface of street. § 3. The track of said railway shall not be elevated above the surface of the street, and shall be so laid that carriages and vehicles pan easily and freely cross said track at any and all points thereof, with the least obstruction possible. 896. Rate of fare fixed.] § 4. The rates of fare for any distance within one and a half miles shall not exceed ten cents ; the rates of fare to be regulated by said railway com- pany. 897. Rights herein — how forfeited.] § 5. The rights and privileges granted by virtue of this ordinance to said rail- way company, shall be forfeited to the city unless the con- struction of said railway shall be commenced within six months, and fully completed within one year from the pas- sage hereof, unless the city council shall extend the time. An Okdinance amendatory of the ordinance allowing the rights of way to the Capital Horse Railway Company. [Passed November 6, 1865.J Be it ordained hy the City Council of the City of Springfield: 898. Right of way on east Monroe street.] Sec. 1. That the ordinance in relation to the Capital Eailway Cornpany, allow- ing said company the right of way over certain streets in the city, passed August 7, 1835, be so amended as to grant said company the right of way over and upon Monroe street to its- eastern limits. THE CITY OF SPRINGFIELD. 393 citizens’ street railway. An Okdinance authorizing the construction of the Citizens’ Street Railway and Improvement Company. [Passed April 1, 1879.] Be it ordained by the City Council of the City of Spidngfield : 899 . Permission to construct a railway on certain 7iamed streets.] Sec. 1. There is hereby granted to J. H. Schuck, Henson Eobinson, 0. F. Stebbins, Frank Eeisch, J. N. Eeece, Jonathan E. K. Herrick, A. H. Saunders, and such other persons as may hereafter become associated with them, to be known as the Citizens’ Street Eailway and Improve- ment Company, and to their executors, administrators and assigns, permission, authority and consent of the city council of the city of Springfield to lay a track for a street railway, with all the necessary turnouts, side-tracks and switches, to operate the same over and upon the following streets of said city: commencing at the intersection of Second street and South Grand Avenue, and running thence north on Second street to Capitol avenue, thence east on Capitol avenue to Sixth street, thence north on Sixth street to Washington street, thence east on Washington street to Ninth street, thence north on Ninth street to North Grand Avenue, thence west on North Grand Avenue to Eighth street. Also, east on North Grand Avenue to the center line of Eleventh street, continued. [As amended by ordinance passed June 6, 1879. 900 . Rights of Company — hoio forfeited.] § 2. The rights and privileges granted to the Citizens’ Street Eailway and Improvement Company, to control and operate said street railway over and upon said streets, shall be forfeited to the city of Springfield unless said company shall commence the construction of said street railway within ninety days, and fully complete and operate the same within one year from the date of the passage of this ordinance, unless the city council shall, by ordinance, extend the time. 901 . Permission to build railway on certam other st7wets.] § 3. Permission, authority and consent is also given to the Citizen’s Street Eailway Company to construct a track for a street railway, with all the necessary turnouts, side-tracks and switches, to operate the same over and upon the follow- ing streets : commencing at the junction of Eleventh street and South Grand Avenue, running thence north on Eleventh street to Washington street, thence west on Washington street to Fourth street, thence north on Fourth street to Jef- ferson street, thence west on Jefferson street to First street. 394 SPECIAL ORDINANCES OF thence north on First street to Mason street, thence west on Mason street to Eutledge street, thence north on Eutledge street to North Grand Avenue, thence east on North Grand Avenue to Monument street. 902. Rights — when to he forfeited.'] § 4. The rights and privileges granted to the Citizens’ Street Eailway and Im- provement Company to construct aod operate said street railway over and upon said streets, as provided for in sec- tion 3 of this ordinance, shall be forfeited to the city of Springfield, unless said company shall commence the con- struction of said street railway within six months, and fully complete and operate the same within eighteen months from the date of the passage of this ordinance, unless the city council shall, by ordinance, extend the time. 903. Company to give five days' notice to the Mayor, etc.] § 5. That before occupying or using any street of said city for the purpose aforesaid, the proper officers of said street railway company shall give at least five days’ notice thereof, in writing, to the mayor and city supervisor. 904. Track to he laid even ivith the grade of the street, etc.] § 6. The track of said street railway shall be laid on a grade even with the grade of the streets or highways through and over which it may pass, so that the free flow of water in the lateral and cross gutters is not obstructed, and shall in all other respects conform to' the grade of the street at the time the track is laid, or may hereafter be established by the city of Springfield ; and the track shall not be ele- vated above the surface of the street ; and said street railway company shall, at all times, keep in good repair and condi- tion all portions of any streets or highways over which they may pass. 905. Gauge of track — kind of rail to he used — rate of fare.] § 7. The gauge of said track of said street railway com- pany shall be 3 feet 5 inches, and the rail used in the construction of said track shall be the T or flat rail, and said railway shall be kept in good order and repair by said company, and shall be operated at all reasonable times for the use of the public; and* each passenger may be required to pay a fare of not exceeding five cents : Provided, the said company shall use the flat rail only on streets now paved, or that may hereafter be paved by the city. 906. Length of cross-ties — track to he planked.] § 8. The cross-ties used in the construction of said track shall not extend over twelve inches on the outside of each rail, except on Washington street between Sixth and Ninth streets, and THE CITY OF SPRINGFIELD. 395 the track shall be planked solid between the rails, and on the outside of the rails to the ends of the cross-ties, with two and one-half (2J) inch plank, so as not to obstruct the passing, crossing or traveling of said street by other vehicles. 907. Rights reserved hij the city.'] § 9. The City of Spring- field reserves the right to take up and remove the track of said company whenever it shall be necessary for the repair and improvement of the streets, or for the laying of water or gas pipes, or for the construction of sewers, or for other pur- poses, on the streets on which said tracks may be laid, and such improvements shall be made by the city without un- necessary delay, and the track shall be taken up and relaid by the said company at their own cost and expense. 908. Company to do necessary grading, etc. — culverts and ditches.] § 10. Said company shall do all the necessary grading in order to make their tracks conform to the grades of the streets, and shall construct and keep in good repair sufficient and suitable ditches and culverts, wherever they may be necessary from the laying of said railway; said grading and construction of culverts and ditches shall be done according to the plans and under the supervision of the city engineer; said company shall relay all planking and street crossings, and leave the planking in as good repair as it was before being removed. 909. Liable for injuries and damages.] § 11. The said railway company shall, in all cases, be legally liable for all injuries and damages resulting to any person through care- lessness or negligence of any person operating or employed on said road ; also for all the damages to private property from the use and occupancy of any street so used or occupied by them for the purpose aforesaid. 910. Subject to all ordinances.] § 12. Said company shall be subject to all ordinances of the city council heretofore passed, and also to all ordinances that may be hereafter passed concerning streets and street railroads. 911. Right reserved by city to construct raihvays.] § 13. The City of Springfield reserves the right to construct rail- ways on such streets or avenues, or may cross any of the streets or avenues upon which said company is hereby authorized to build a road. 912. Company not to obstruct street, etc.] § 14. Nor shall said street railway company, in laying down its track, side- tracks, turnouts or switches, unnecessarily obstruct any street, alley or sidewalk, for an unreasonable length of time. 396 SPECIAL ORDINANCES OF 913 . Company to notify city council of their acceptance of ordmance.] § 15. The Citizens’ Street Railway and Im- provement Company shall, before proceediug to act under this ordinance, notify the city council of their acceptance thereof, in writing, which shall be entered in full upon the journal of the city council. 914 . Crossings and street pavements, when removed to he replaced, etc.] § 16. Said railway company shall replace any and all crossings and street pavements, disturbed, injured or removed for the purpose of laying or repairing their tracks, in as good condition as the same was before such disturb- ance, injury or removal, and shall keep and maintain such street pavement and crossing between the rails of its track, and for the space of twelve inches outside of said rails, where such crossings are now or hereafter shall be laid or put down by the city, in good repair. 915 . Penalty.] § 17. Said company shall be liable to a penalty of twenty-five dollars for any violation or disregard of the provisions of this ordinance, and the recovery of one fine shall be no bar to a recovery for further violation or disregard as aforesaid. 916 . Ordinajice to remain in force tiventy-five years — unless, etc.] § 18. This ordinance shall be and remain in force tw^enty-five years from and after its approval, unless said street railway company shall violate any of the provisions of this ordinance, when the city may, in their discretion, de- clare said rights and privileges forfeited; and the notice in writing by said company to the city council of their accept- ance hereof, shall be a full consent of said company to all the provisions of this ordinance. 917 . Planking — double track on Washington street.] § 19. Said company shall plank Washington street from Sixth to Tenth streets, with two and one-half inch (2J) plank, within 18 inches on the outside of each rail, unless said com- pany puts down double track between said streets. Acceptance by the company of foregoing ordinance: City, April ‘6, 1879. To the Honorable Mayor and City Council of Springfield: As president of the corporation of the Citizens’ Street Railway and Improve- ment Company, I hereby accept the ordinance passed by the City Council of Springfield, April 2, LlJ 1879. ^ „ J. H. SCHUCK, President. THE CITY OF SPRINGFIELD. 397 An Ordinance to amend an ordinance entitled “An ordinance authorizing the construction of the Citizens’ Street Railway and Improvement Company.” Passed April 1, 1879. [Passed April 7, 1880.1 Be it ordained by the City Council of the City of Springfield: 918 . Sec. 1. That an ordinance entitled “An ordinance authorizing the construction of the Citizens’ Street Kailway and Improvement Company,” passed April 1, 1879, and amended June 6th, 1879, be, and the same is hereby, amended by adding thereto the following sections : 919 . Right of way granted on parts of certain streets.'] § 2. The right, authority and consent of the city council of the city of Springfield is hereby given to said Citizens’ Street Kailway and Improvement Company to lay a track for a street railway, with the necessary turnouts, side-tracks and switches, and to operate the same over and upon the follow- ing streets of said city, to-wit : commencing at the intersec- tion of Washington and Fourth streets, and running thence west on Washington street to Second street, thence north on Second street to Carpenter street, thence west on Carpenter street to Kutledge street, thence north on Kutledge street to North Grand Avenue, and thence west on North Grand Avenue to Bond street. Also, commencing at the intersec- tion of Second and Fdwards streets, and running thence west on Edwards street to Spring street, thence south on Spring street to South Grand Avenue, and thence east on South Grand Avenue to Second street. 920 . Twie extended to complete railway.] § 3. The time within which said Citizens’ Street Kailway and Improvement Company shall begin the construction and put into opera- tion the unbuilt and uncompleted lines or divisions of said street railway, in said city, is hereby extended to one year from and after the passage of this ordinance. 921 . Subject to the provisions of prior ordinances.] § 4. This ordinance, except as hereinbefore otherwise provided, shall be subject to all the provisions and conditions of the ordinance to which it is an amendment, and to all ordi- nances of a general nature, in force, in relation to horse or street railways. 922 . Take effect from passage.] § 5. This ordinance shall take effect and be in force from and after its passage. 398 SPECIAL ORDINANCES OF An Ordinance granting the right of way to the Citizens’ Street Railway Com- pany on certain streets therein named. [Passed September 16, 1881. Ap- proved September 16. 1881.1 Whereas, The Citizens’ Street Kailway Company, (hereto- fore known as “The Citizens’ Street Railway and Improve- ment Company,”) after giving the notice required by law, have petitioned the mayor and city council of the city of Springfield to grant to said company the right to locate, construct and operate a horse railroad upon Second street, from Edwards street south to South Grand Avenue ; also, on Edwards street, from Second street west to Walnut street, and thence south on Walnut street to South Grand Avenue, in said city; therefore. Be it ordained hy the City Council of the City of Springfield: 923 . The company authorized to construct and operate a road on parts of certain streets. '] Secu 1. That the right, authority and consent of the city council of the city of Springfield is hereby given to the Citizens’ Street Railway Company to locate, construct and operate a horse or street railroad, with the necessary side-tracks, turnouts and switches, upon and along the following streets or parts of streets, in said city, to-wit : commencing at the intersection of Second and Edwards streets, thence south on Second street to South Grand Avenue ; also, on Edwards street, from Second street west to Walnut street, and thence south on W^alnut street to South Grand Avenue. 924 . Bights and privileges — how forfeited.] § 2. The rights and privileges herein granted to the Citizens’ Street Railway Company shall become forfeited to the city, unless said company shall commence the construction of said rail- road on Second street, and fully complete the same, within one year, and on Edwards and Walnut streets within eighteen months, from the passage of this oidinance: Provided, that the city counci] may, by ordinance, extend the time. 925 . Company to give notice of acceptance, etc.] § 3. The said company shall, before proceeding to act under this or- dinance, notify the city council, in writing, of their accept- ance thereof, which notice shall be filed with the city clerk, and entered in full upon the journal of the city council. 926 . Track to he laid even with the grade of streets.] § 4. The track of said horse railroad shall be laid on a grade even with the grade of the streets through and over which it may pass, so that the free flow of water in the lateral and cross gutters is not obstructed, and shall, in all other respects, conform to the grade of the streets, as given by the city engineer at the time of the laying of the track, THE CITY OF SPRINGFIELD. 399 or which may hereafter be established by the City of Spring- field ; and said track shall not be elevated above the surface of the street. 927 . Gauge of track — rail — cross-ties — planking.] § 5. The gauge of the track of said railroad shall be not less than three feet six inches, and the rail used in the construction of said track shall be the T rail, — or the tram rail, if said company should so elect. The cross-ties used in the con- struction of said track shall not extend over twelve inches on the outside of each rail, and the track shall be planked solid between the rails, and for not less than eight inches on the outside of the rails, with two (2) inch oak plank, so as not to obstruct the passing, crossing or travel of said streets by other vehicles. 928 . Company to do necessary grading — make ditches and culverts — relay crossings.] § 6. The said company shall do all necessary grading in order to make their tracks conform to the grade of the streets, and shall construct and keep in good repair suitable ditches and culverts, wherever they may be necessary from the laying of said railroad, the said grading and construction of culverts and ditches to be done under the supervision of the city engineer ; and said company shall relay all planking and street crossings, and leave the same in as good condition as before removal and said company, in laying its track, side-tracks and switches shall not un- necessarily obstruct any street, alley or sidewalk, nor for an unreasonable length of time. 929 . Hoiv road to he operated — rate of fare.] § 7. Said company shall keep said railroad in good order and repair, and shall operate the same at all reasonable times for the use of the public, and may require each passenger to pay a fare of not exceeding five cents for a single ride. 930 . Rights reserved by city.] § 8. The City of Spring- field hereby reserves the right to take up and remove the track of* said company whenever it shall be necessary, for the improvement of the streets, or for the laying of water or gas pipes, or for the construction of sewers, or for other pur- poses, on the streets on which said track or tracks may be laid, and such improvements shall be made by the city with- out unnecessary delay, and the track shall be taken up and relaid by said company at their own expense. /. 931 . Liability of company for injuries and damages.] § 9. The said railway company shall be legally liable for all in- juries and damages resulting to any person or persons from the carelessness or negligence of any person operating or 400 SPECIAL ORDINANCES OF employed on said railroad, and also for all damages to the owners of property abutting upon any of said streets by reason of the location and construction of said road. 932 . Rights subject to existing ordinances, etc.'] § 10. The rights and privileges herein granted to said company shall be subject to all existing ordinances, and to all ordinances that may be hereafter passed by the city council, concerning horse or street railroads. 933 . Penalty.] § 11. The said Citizens’ Street Kailway Company shall be liable to a penalty of twenty-five dollars for any violation or disregard of the provisions of this ordi- nance, and the recovery of one fine shall be no bar to a recovery for further violations or disregard of the provisions hereof. 934 . In force twenty years from passage.] § VA. This ordinance shall be and remain in force twenty years from and after its passage and approval. Acceptance of the foregoing ordinance: To the Honorable Mayor and members of the City Council of Springfield: Gents: I hereby accept an ordinance, granting the right of way to the Citi- zens’ Street Railway Co., on certain streets therein named, passed September 16, 1881, and approved same date by the Mayor. City, September 27, 1881. J. H. SHUCK, President. An Ordinance granting to the Citizens’ Street Railway Company permission to exten-d its railroad track on parts of South Eleventh street and South Grand Avenue. [Passed September 3, 1883. Approved September 4, 1883.] Whereas, The Citizens’ Street Eailway Company, of the City of Springfield, has petitioned the mayor and city council of said city for permission ijo locate, construct and operate a horse or street railroad, with the necessary side-tracks and switches, from the present termination of its line on South Eleventh street, at or near the intersection of Kansas street, south on said Eleventh street to South Grand Avenue, and thence west on said avenue to Ninth street ; and. Whereas, It appears that said railway company had given the notice required by law in advance of presenting said petition, and that the land owners representing more than one-half the frontage on said street and avenue, or [on] so much thereof as is sought to be used for horse railroad purposes, have petitioned the city council for the laying of said railroad track; therefore, THE CITY OF SPRINGFIELD. 401 Be it ordained hy the City Council of the City of Springfield: 935 . Permission given company to construct and ope- rate horse railroad on parts of a certain street and avenue.] Sec. 1. That the permission, authority and consent of the city council of said city be, and the same is hereby, given and granted to said Citizens’ Street Eailway Company, its successors or assigns, to locate, construct, maintain and operate a horse or street railroad, with the necessary side- tracks, turnouts and switches, in, upon and through the following parts of street and avenue in said city, to-wit : commencing at the present termination of the line of said company, on south Eleventh street, at or near the intersec- tion of Kansas street, thence south on said Eleventh street to South Grand Avenue, and thence west on said avenue to Ninth street. 936 . Rights and privileges granted, subject to conditions.] § 2. The rights and privileges granted to the Citizens’ Street Kailway Company, in section one (1) hereof, shall be subject to any and all changes and alterations which may hereafter be required by the city council, in regard to the location and grade of the track or tracks and switches of said company, on said parts of street and avenue aforesaid ; and said rights and privileges, so granted, shall become forfeited to the City of Springfield, unless the said company shall commence the construction of said railroad track, and fully complete and operate the same, within twelve months from the date of the passage of this ordinance. 937 . Company to he liable for all injuries and damages from negligence, etc.] § 3. The said railway company shall be legally liable for all injuries and damages resulting to any person or persons through the negligence or carelessness of any person operating or employed upon said railroad, and- for all damages to private property, from the use and occupancy of said street and avenue, or parts thereof, for the purposes aforesaid. 938 . Company to notify city council before proceeding to act under ordinance.] § 4. Said company shall, before pro- ceeding to act under authority of this ordinance, notify the city council of its acceptance thereof, by notice in writing, which shall be filed by the company with the city clerk^ and spread in full upon the journal of the council. 939 . Further conditions and restrictions — subject to general ordinances.] § 5. In addition to the foregoing conditions and restrictions, the said railway company shall, in the ex- ercise of the rights and privileges herein granted, be subject to all the conditions, restrictions and penalties imposed by —26 402 SPECIAL ORDINANCES OF an ordinance entitled “An ordinance authorizing the con- struction of the Citizens’ Street Eailway and Improvement Company,” passed by the city council April 1, 1879, and also to all general ordinances of said city now in force, or which may hereafter be in force, during the period of this grant, in relation to horse or street railroads, not inconsist- ent with the provisions of this ordinance. 940 . Ordinance in force twenty years — how rights under forfeited.] § 6. This ordinance shall be and remain in force twenty years from and after its passage, unless said com- pany shall violate any of the provisions hereof, in which case the city council may, in their discretion, declare said rights and privileges forfeited. The compa7iy's acceptance of foregoing ordinance: To the Honorable, the Mayor and City Council, of the City of Springfield: Gentlemen: The Citizens’ Street Railway Company hereby accepts the ordinance entitled an ordinance, granting to the Citizens’ Street Railway Com- pany permission to extend its railroad track on parts of South Eleventh street and South Grand Avenue, passed by the city council September 3, 1883. Citizens’ Steeet Railway Company, By J. H. ScHUCK, President. Springfield, 111., September 6, 1883. SIDE-TRACKS AND SWITCHES. An Oedinance relating to horse railways. [Passed December 1, 1879.1 Be it ordamed by the City Council of the City of Springfield: 941 . Construction of turnouts, side-tracks or switches pro- hibited, without co7isent of city cou7icil.] Sec. 1. That no company, corporation or person, now operating, or who may hereafter operate, any horse or street railway within the limits of the City of Springfield, shall construct, lay, or cause to be laid, any .turnout, side-track or switch, upon any street along the line of such railway, within said city, with- out obtaining the consent, by ordinance, of the city council to the laying of such turnout, side-track or switch. 942 . Repeal.] § 2. All ordinances or parts of ordi- nances in conflict with the provisions hereof, are hereby re- pealed. 943 . In force froTu passage.] § 2. This ordinance shall take effect and be in force from and after its passage. THE CITY OF SPRINGFIELD. 403 SPEINGFIELD lEON COMPANY. An Okdinance granting the right of way to the Springfield Iron Company for a railroad switch or side-track across North Grand Avenue and the Water- works land. [Passed October 3, 1871. Approved October 4, 18711. Be it ordained hy the City Council of the City of Springfield: 944 . Right of way for railroad switch, etc. — company to erect and maintain fence.] Sec. 1. That the right of way, forty feet wide, be, and the same is hereby granted to the Springfield Iron Company to construct and operate a rail- road switch or side-track . over and across the east side of the tract of land owned by said city, and known as the Water-Works tract, and situated on North Grand Avenue — said track to enter the south side of said ground not over one hundred and sixty feet from the east side, and run on the east line as soon as the nature of the curve will permit ; or to employ or contract with any railroad company to con- struct and operate a railroad switch or side-track across and over said tract of land, to cross the said North Grand Ave- nue of said city for the purpose of connecting said railroad switch or side-track with any other railroad : Provided, that the said iron company shall be required to erect and maintain a good and sufficient fence to protect said tract of land, so long as the same may be used for the pur- poses aforesaid. 945 . § 2. This ordinance shall take effect and be in force from and after its passage. JSPEINGFIELD STEAM SUPPLY AND ELECTEIC LIGHT COMPANY. An Ordinance authorizing the construction and granting the right of way to the Springfield Steam Supply and Electric Light Company. [Passed March 7, 1881. Approved March 10, 1881.1 Be it ordained hy the City Council of the City of Springfield: 946 . Exclusive privilege granted company to use streets and alleys for laying pipes and erecting wires for heating and light- ing purposes.] Sec. 1. There is hereby granted to A. L. Ide, E. D. Lawrence, Samuel [H. Jones, Thomas B. Needles, 404 SPECIAL ORDINANCES OF George N. Black, Samuel D. Scholes, and R. W. Miller, and such other persons as may hereafter become associated with them, to be known as the ‘‘Springheld Steam Supply and Electric Light Company,” and their executors, administrators and assigns, the exclusive privilege, permission and authority to use and occupy the streets, alleys and sidewalks of the city of Springfield for the purpose of laying down and repair- ing all necessary pipes and fixtures for conducting steam in and under the streets, alleys and sidewalks of said city, and to erect necessary wires on poles, or under ground, along said streets and alleys, for the purpose of conducting elec- tricity thereon : Provided, that all excavations in said streets, alleys and sidewalks shall be made under the supervision of the city supervisor, and that, wherever it is practicable, said pipes and wires shall be laid along the alleys instead of the streets or sidewalks of said city. 947 . Not to obstruct streets, etc., nor interfere ivith water or gas pipes — to fill up and keep in repair depressions, etc.] § 2. The said Springfield Steam Supply and Electric Light Company, in laying down or repairing their pipes or other fixtures, shall not unnecessarily obstruct any street, alley or sidewalk, nor interfere with any water or gas-pipes or sewers already laid or built, and shall, after such pipes or other fixtures have been placed in position, or repaired, immedi- ately restore such street, alley or sidewalk in as good con- dition as before the opening and using of the same, and shall, from time to time, fill up and repair all depressions or sinks in any street, alley or sidewalk, caused by the settling of the ground, or otherwise, in laying such pipes or other fix- tures ; and in case said company fail to do so, then the city may do the work at the expense of the said company, which, by the acceptance of these conditions, they agree to pay. 948 . The company liable to city and private persons for all damages.] § 3. The said company shall be Jliable to the city of Springfield, and to private persons, for all damages and injury caused by, or arising from, the use or occupancy of any street, alley or sidewalk, by them, in said city,, for the purposes aforesaid. 949 . To supply the city with steam and electricity at twenty- five per cent, below ordinary rates.] § 4. The said company, in consideration of the special rights and privileges herein granted, shall supply from their mains, when laid, to the city of Springfield, at twenty-five per cent, less than the or- dinary rates, all the steam necessary to heat its public THE CITY OF SPRINGFIELD. 405 buildings ; and also, at a like reduction, all the electricity from their main wires that may be necessary to light the public buildings of said city, during the continuance of said grant. 950 . Company to put their works into operation ivithin two years— forfeiture — to notify council of acceptance, etc.] § 5. The said Springfield Steam Supply and Electric Light Com- pany shall commence the erection or establishing of said works, and put the same into operation within two years from the passage of this ordinance ; otherwise, all privileges herein and hereby granted shall be forfeited to the city of Springfield : And provided, further, that said company shall, before proceeding to act under this ordinance, and within thirty days from the passage thereof, notify the city council of their acceptance of the same, which notice shall be in writing, and entered in full upon the journals of said council. 951 . Ordinance to he in force twenty years.] § 6 . This ordinance shall be and continue in force for twenty (20) years from and after its passage. Acceptance hy company of the foregoing ordinance: Springfield, March 14. 1881. To Honorable Mayor and. City Council of Springfield: Gentlemen— We hereby accept the ordinance authorizing the construction, and granting the right of way to the Springfield Steam Supply and Electric Light Company, passed March?, 1881. Signed, A. L. Ide, R. D. Lawrence, S. H. Jones, Geo, N. Black, T. B. Needles. Sam’l D. Scholes, R. W. Miller. STEAM WOEKS IN FIKE LIMITS. An Ordinance in relation to the erection and use of steam works or boilers, within the fire limits. [Passed March 4, 1880.] Be it ordained hy the City Council of the City of Springfield: 952 . Erection of steam works prohibited within certain limits.] Sec. 1. That no steam works or boilers shall here- after be erected and operated, for the use of mills or other manufacturing establishments, within that portion of the fire limits of said city described as follows ; Commencing 406 SPECIAL ORDINANCES OF at the intersection of Seventh and Jefferson streets, thence south on the west line of Seventh street to the corner of Monroe street, thence west on the north line of Monroe street to the corner of Fourth street, thence north on the east line of Fourth street to the corner of Jefferson street, and thence east to the point of beginning. 953 . Penalty.^ § 2. Any person or persons violating the provisions of the foregoing section shall be subject to a fine of not less than twenty-five dollars nor more than one hundred dollars, and to a like penalty for each week there- after that such person or persons shall continue to erect or operate said steam works or boilers contrary to the provisions hereof. 954 . Take effect from passageJ] § 3. This ordinance shall take effect and be in force from and after its passage and due publication. STKEETS. CHANGE OF NAME. An Okdinancs changing the name of Market street. [Passed September 3. 1877.] Be it ordained by the City Council of the City of Springfield: 955 . Market street changed to Capitol avenue.'] Sec. 1. That the name of Market street be, and the same is hereby, changed to Capitol avenue ; and all ordinances or parts of ordinances in conflict herewith are hereby repealed. 956 . In force.] § 2. This ordinance shall be in force from and after its passage. Resolution for changing the name of Reval street. [Adopted by the City Council, October 2, 1882.1 Whereas, the street running north and south through the city, in the western part thereof, being named, respectively, Keval street and Pasfield street, and being one and the same street ; therefore, be it Resolved by the City Council of the City of Springfield: That the name of Reval street be dropped, and that the street be named and hereafter known as Pasfield street. THE CITY OF SPRINGFIELD. 407 STREETS VACATED. An Oedinance to provide for vacating a certain portion of Third street. [Passed November 13, 1865. Approved November 13, 1865.1 Be it ordained by the City Council of the City of Springfield: 957 . Sec. 1. That the west twenty-six (26) feet of Third street, between blocks three (3) and four (4), in Allen’s -ad- dition to Springfield, be, and the same is hereby, vacated as a street : Provided, that the city council reserves the right to repeal this ordinance at any time, in their discretion. An Oedinance vacating the east end of New (or rean Market street, and author- izing the sale of the same; also, the sale of the east end of Market Square. [Passed November 27, 1865. Approved November 29, 1865.1 Be it ordained by the City Council of the City oj Springfield: 958 . Sec. 1. That one hundred and twenty (120) feet off of the east end of New (or rear) Market street, and one hundred and twenty (120) feet off of the east end of the alley in block fifteen (15) in E. lies’ addition to the town (now city) of Springfield, be, and the same are hereby, discon- tinued and vacated, as a street and alleys the consent, in writing, of all persons owning land or lots adjoining said street and alley having been obtained. Said street being between Market Square and block fifteen (15) in E. lies’ addition.* An Oedinance for vacating portions of Cass and Kansas streets, and for other purposes therein mentioned. [Passed Dec. 4, 1882. Approved Dec. 6, 1882.] Whereas, The Wabash, St. Louis and Pacific Railway Company has agreed that, upon the passage of the ordinance, hereinafter recited, by the city council of the City of Springfield, the said company will abandon all claim for dam- ages arising by reason of the projection and extension, by said city, of O’Donnell street, Division street and Reservoir street across and upon the right of way of said railway company, in the northeast part of said city; now, therefore. Be it ordained by the City Council of the City of Springfield: 959 . Vacation of parts of Cass and Kansas streets.] Sec. 1 . That all that portion of Cass street lying between block three (3) and block eight (8) in Barret’s addition to the City of Springfield, and all that portion of Kansas street lying between block eight (8) in Barret’s addition to the City of *The remaining portion of the above ordinance is omitted. 408 SPECIAL ORDINANCES OF Springfield, and the west one hundred feet of lot two (2) in block two (2) of Barret’s addition of out lots, be and the same are hereby vacated. 960 . Proceedings for the extension of Douglas and Clay streets to he abandoned by city.] § 2. That all proceedings for the purpose of opening and extending Douglas street and Clay street upon and across the right of way of the Wabash, St. Louis and Pacific Railway Company, in the southeast part of said city, be and the same are discontinued and abandoned. 961 . Right reserved to build a foot-bridge across the right oif ivay of said railway company, between Cook street and South Grand Avenue.] § 3. The right is reserved to the said city to build a foot-bridge across the right of way and property of the said Wabash, St. Louis and Pacific Railway, at any point between Cook street and South Grand Avenue that the said city council may hereafter select ; said bridge to be so built as not to interfere with the business of said company, and to be constructed under the joint supervison and control of engineers to be appointed by the city council and the said railway company, respectively. 962 . In force from passage.] § 4. This ordinance shall take effect and be in force from and after its passage. TELEPHONES. An Okdinance granting permission to the Central Union Telephone Company to erect and maintain a system of telephones, or a Telephone Exchange. [Passed December 3, 1883. Approved December 4, 1883.1 Be it ordained by the City Council of the City of Springfield, Illinois: 963 . Telephone Company granted right of ivay through streets, etc. — conditions of grant.] Sec. 1. That the Central Union Telephone Company, and its successors and assigns, be and they are hereby granted the right of way through, in and upon the streets, sidewalks, alleys and public grounds of the City of Springfield, in the county of Sangamon, and State of Illinois, for the purpose of therein and thereon to erect, maintain and use all the necessary poles, or posts of wood, iron or other suitable material, and the necessary wires and fixtures successfully to operate and use a system THE CITY OF SPRINGFIELD. 409 of telephones, or a Telephone Exchange, within said city : Provided, that the said Central Union Telephone Company, and its successors and assigns, shall mfiintain and use (under proper and reasonable restrictions and rules), an office and operator on its lines of telephone wires at some convenient point within said City of Springfield, and shall so set said poles or posts, and place or hang the wires, thereon in such places and manner, as not to interfere with travel or busi- ness on said streets, sidewalks, alleys and public grounds aforesaid, and shall put and keep in good order all those parts of the same interfered with or used in the erection and maintenance of said poles or posts. 964 . How poles to be set — under whose direction.] § 2. Said telephone poles shall be so set or placed as not to in- terfere with the free flow of water in any gutter or drain within said city; and the location of the poles shall be de- termined under the direction of the mayor, and the committee on streets and alleys, of the city council. 965 . Rights reserved by the city council.] § 3. The said city council hereby reserves the right of way through, in or upon said streets, sidewalks, alleys and public grounds, for the erection, maintenance and use of the necessary posts or poles and wires of any other telephone company or corpora- tion, whenever so requested, if said council shall deem proper so to do ; and the rights and privileges herein granted to the Central Union Telephone Company shall be subject to all general ordinances of said city now in force, or which may hereafter be passed and in force, not inconsistent with the laws of this State, in relation to telegraphs or telephones. 966 . Duty of council to pass ordinances for protection of posts and tvires.] § 4. It shall be the duty of said city council, from time to time, to enact such ordinances as may become necessary for the protection of telephone posts, wires and fixtures against abuse and injury. 967 . City to have telephones at one-half regular rates of company — fire alarm.] § 5. In consideration of the rights and privileges herein and hereby granted to the Cen- tral Union Telephone Cpmpany, the City of Springfield shall have from said company, its successors and assigns, during the entire term of this ordinance, as many telephones with exchange service as said city may require for its use, to be placed and kept at such points within or without the cor- porate limits, as the city council may designate, at one-half the regular business rates of said company, and said com- pany shall maintain, operate and perfect said telephone exchange system, including the care and operating or ringing 410 SPECIAL ORDINANCES OF of a fire-alarm bell, to be located by the city council in the dome of the county court house or other, suitable place, as a fire-alarm system, without any cost to the city. 968 . Ordinance in nature of a contract — when to take effect.] § 6. This ordinance is to be deemed in the nature of a contract, and shall take effect and be in force only upon the filing, within twenty days after its passage, in the office of the city clerk of said city, by said Central Union Telephone Company, its successors or assigns, of its unconditional ac- ceptance of the terms thereof, which acceptance shall be in writing, and be reported by the clerk to the city council, and entered in full upon the journal thereof; and this ordinance shall continue in force for the period of twenty years, subject to the conditions aforesaid. Acceptance of the foregoing ordinance: Centeal, Union Telephone Company, District Superintendent’s Office, Springfield, III., Dec. 15th. 1883. To the Mayor and City Council, Springfield, Illinois: Gentlemen— In compliance with the provisions of Section 6 of “An ordinance granting to the Central Union Telephone Company permission to erect and maintain a system of telephones, or a Telephone Exchange,’’ passed at your meeting Dec. 3d, 1883, I have been authorized by the Executive Committee to transmit you, by this communication, the acceptance by. the Central Union Tel- ephone Company, its successors or assigns, of the said ordinance, and all its provisions, as passed by said council. Respectfully, etc. R. B. Hoover, Supt. For the Central Union Telephone Co. Filed Dec. 17, 1883. TOWN BKANCH. An Ordinance relative to the Town Branch. [Passed October 29, 1855.1 Be it ordained hy the City Council of the City of Springfield: 969 . Channel oj Branch estahlishad through Bullock's addi- tion.] Sec. 1. That the town branch through Bullock’s ad- dition to the city, commencing at the north line of Adams street and ending at the south line of Washington street, is hereby established, as follows, to-wit : Beginning in the center of the channel of said branch, at a point eleven feet south, eighty-eight degrees east, from the southwest corner of lot number twenty-six of said addition, and running thence THE CITY OF SPRINGFIELD. 411 in a straight line to a point eleven feet north, eighty- eight degrees west, from the northeast corner of lot number twenty-seven in said addition, as shown by the plat of the same, recorded in the office of the recorder of Sangamon county. 970 . Engineer to enter jAat of in record of city grades] § 2. The city engineer and surveyor is hereby directed to enter a copy of the plat of said branch, as the same is herein established, upon the “city record of grades” in his office. SPRINGFIELD GAS LIGHT COMPANY. An Ordinance in relation to a supply of gas for illuminating and heating pur- poses for the city of Springfield, and the inhabitants thereof. [Passed Feb- ruary 4. 1884. Approved February (5, 1884.1 Be it ordained hy the City Council of the City of Springfield: 971 . Sec. 1. That the contract heretofore existing be- tween the City of Springfield and The Springfield Gas Light Company, made on the 18th day of April, 1854 (a printed copy whereof is found at pages 156 and 157 of the Revised Ordinances of the City of Springfield, 1877), and all the rights and privileges heretofore granted and enjoyed by the said The Springfield Gas Light Company, under the said contract and the act of incorporation of the said The Spring- field Gas Light Company, and chapter sixteen of the Re- vised Ordinances of the City of Springfield, 1877, be, and the same are hereby extended for the period of ten (10) years from the first day of February, A. D. 1884. And the like right to manufacture and supply gas for heating pur- poses in the said city and suburbs is hereby granted to said company for the same period, subject to the modifications, conditions and limitations hereinafter expressed ; that is to say ; [First,] — That the said The Springfield Gas Light Company shall furnish gas for all street lamps for the period of ten (10) years from the first day of February, 1884, at the rate of fifteen dollars per annum per lamp, which said sum of fifteen dollars per annum per lamp shall include all charges by the said Springfield Gas Light Company for lighting, ex- tinguishing, keeping up and repairing said lamps ; said lamps shall be lighted for the same proportion of time as is provided by the schedule now in force in relation to gasoline lamps, a copy of which schedule is made part of this ordi- nance, — said lamps to be kept clean and in good repair. SPECIAL ORDINANCES OF 411i Second . — The said The Springfield Gas Light Company is to furnish, at its own expense, the lamps and lamp-posts, and all necessary connections for said street lamps, and mark the names of streets on lamps at street corners, in a style similar to that upon gasoline lamps now in use in said city, and to furnish all gas other than for street lamps con- sumed by the City of Springfield, at the rate of one dollar and fifty cents per one thousand cubic feet. And the said The Springfield Gas Light Company, is to furnish to all consumers of gas in said city other than the City of Spring- field, who may pay therefor on or before the tenth day of each and every month, at the rate of one dollar and fifty cents per one thousand cubic feet, and if not paid within the time aforesaid, at the rate of one dollar and seventy-five cents per one thousand cubic feet ; and further agrees that it will not at any time after the expiration of the ten years extension of its privileges, provided for by this ordinance, charge or expect to receive from private consumers of gas a higher rate than one dollar and fifty cents per one thou- sand cubic feet, provided that its bills are paid by the tenth day of each month, as hereinbefore provided. Third . — The city council may at any time order the exten- sion of gas pipes to any part of the city, and fix the loca- tion of street lamps in such extensions: Provided, that no such extension of pipes shall be ordered unless a consump- tion of gas of not less than one thousand cubic feet per day for each four hundred feet of extension ordered shall be assured to said company by the city, or by individuals in- terested in said extensions. Fourth . — The gas to be furnished by the said Springfield Gas Light Company shall be at all times of not less than eighteen candle power. Fifth .— said The Springfield Gas Light Company shall be in all respects subject to the provisions of the act of in- corporation of said company, the contract and the said chapter 16 of the Eevised Ordinances of the said city of 1877, hereinbefore referred to, except as herein and hereby modified. 972 . § *2. In consideration of the aforesaid agreements of the said company, the said City of Springfield hereby agrees to receive and use gas from said company, its suc- cessors and assigns, for the lighting of all street lamps so to be furnished by said company as aforesaid for the period of ten (iO) years from and after the first day of February, 1884, at fifteen dollars per lamp per annum, payable quar- ter-yearly ; and the said city further agrees to take and receive from the said company all gas consumed by it for other purposes than for street lamps, at the price of one dollar CITY OF SPRINGFIELD. 4111 and fifty cents per one thousand cubic feet for the said period of ten (10) years, commencing as aforesaid, payable monthly. And the said City of Springfield does further agree, that during the said period of ten years that it, the said City of Springfield, will not grant to any person or’ corporation the right or privilege of using any of the streets, alleys or avenues of said city for the purpose of laying gas pipes therein : Provided, that if the said The Springfield Gas Light Company shall refuse or neglect to comply in all substantial particulars with the agreements hereinbefore expressed by it to be performed, and shall continue to so refuse or neglect for the period of ninety (90) days after notice thereof by the said city, then, and in that event, all rights hereby conferred upon the said company shall be forfeited. 973. § 3. The said company shall, within two days after the passage of this ordinance, give bond in the sum of fifty thousand dollars ($5 3,000), with sufficient sureties, to be approved by the mayor, conditioned* for faithful performance by said company of the agreements made by said company as herein expressed.* 974. § 4. This ordinance shall take effect and be in force from and after its passage, the execution and approval of the said bond, and the acceptance hereof in writing by the said Springfield Gas Light Company.! Acceptance of the foregoing ordinance. To the Mayor and City Council of the City of Springfield : You are hereby notified that in pursuance of a resolution of the Board of Di- rectors of The Springfield Gas Light Company, adopted by said board on the 6th day of February, A. D. 1884, a certified copy whereof is herewith handed you, the said Springfield Gas Light Company hereby accepts an ordinance duly passed by the City Council of the City of Springfield, on the 4th day of February, A. D. 1884, and approved by the Mayor of said city on the 6th day of February, 1884, entitled “An ordinance in relation to a supply of gas ior illuminating and heating purposes for the city of Springfield and the inhabitants thereof.” Springfield, Illinois, February 6, 1884. Seal of the Springfield THE SPRINGFIELD GAS LIGHT CO.. Gas'Light Co. by N. H. Ridgely, President. Attest : Wm. Ridgely, Secretary. * The bond of said Gas Light Company, as above required, was filed and approved February 6, 1884. t The foregoing ordinance was passed by the city council after the printing of this book; hence the fractional paging, etc. fi. APPENDIX. ■fv \ I t APPENDIX. 415 A LIST OF TITLES To Old State Laws, Relating to the Town and City op Springfield. An Act establishing the County of Sangamon. Approved January 30, 1821 — Laws of 1821, page 45.* An Act establishing the permanent boundaries of Sangamon county, and providing for the permanent location of the county seat. Approved December 23, 1824 — Laws of 1825, page 20.* An Act concerning the Town of Springfield. Approved Feb- ruary 9, 1827 — Laws of 1827, page 23. An Act to incorporate the inhabitants of such towns as may wish to be incorporated. Approved February 12, 1831 — Laws of 1831, page 82. t An Act for the re-survey of the Town of Springfield. Ap- proved February 20, 1833 — Private Laws of 1833, page 210. 1 An Act further defining the powers and duties of trustees of incorporated towns. Approved^ January 31, 1835 — Laws of 1835, page 175. * In accordance with the provisions of these two acts, the county seat of Sangamon county was, on April 10, 1821, temporarily, and afterwards, on March 18, 1825, permanently located at Springfield; and the title to a considerable por- tion of the most-valuable real estate in the city is derived through the donation made to the county, in virtue of the last named act, by the original proprietors of the town, in consideration of the location of the county seat as aforesaid. t The Town of Springfield was first incorporated under this act on April 2, 1832. + This act declares deeds made for lots in the Town of Calhoun valid, and makes said town a part of the Town of Springfield. APPENDIX. An Act permanently to locate the seat of government of the State of Illinois. Approved February 25, 1837 — Laws of 1837, page 321. An Act supplemental to an act to permanently locate the seat of government of Illinois. Approved March 3, 1837 — Law^s of 1837, page 321. An Act to extend the corporate powers of the president and trustees of the Town of Springfield. Approved July 20, 1837 — Laws of 1837, special session, page 94. An Act in relation to the Town of Springfield. Approved February 15, 1839 — Laws of 1839, page 104.* An Act to incorporate the city of Springfield. Approved February 3, 1840 — Laws of 1840, (special session,) page 6.f An Act to amend “An act to incorporate the City of Spring- field.” Approved February 27, 1841 — Laws of 1841, page 61. An Act authorizing certain debtors of the State to discharge their indebtedness in Illinois internal improvement scrip. Approved February 27, 1841 — Laws of 1841, page 300. An Act to amend the charter of the City of Springfield. Approved February 23, 1843 — Laws of 1843, page 65. An Act to amend the act entitled “An act to incorporate the City of Springfield.” Approved February 26, 1845 — Laws of 1845, page 285. An Act to suspend an act therein named. Approved March 1, 1845 — Laws of 1845, page 105. An Act to amend the “Acli to incorporate the City of Spring- field.” Approved January 26, 1849 — Laws of 1849, page 15. * This act relates to, and restricts the boundaries of, the town. t This was the original charter of the City of Springfield. It was amended by the six succeeding acts above named, and was superseded by the later city charter, approved March 2, 1854. APPENDIX. 417 An Act requiring the sheriff of Sangamon county to pay certain tines to the treasurer of the City of Springfield. Approved February 15, 1851 — Laws of 1851, page 123. An Act 'for the better government of towns and cities, and to amend the charters thereof. Approved February 27, 1854 — Laws of 1854, page 11.* An Act to amend the charters of the several towns and cities in. this State. Approved March 1, 1854 — Laws of 1854, page 22. An Act to reduce the act incorporating the City of Spring- field, and the several acts amendatory thereof, into one act, and to amend the same. Approved March 2, 1854 — Private Laws of 1854, page 35.! An Act to amend the charter of the City of Springfield. Approved February 14, 1855 — Private Laws of 1855, page 75. An Act to repeal the sixth and seventh sections of an act entitled “An act to amend the charter of the City of Springfield,” approved February 14, 1855; and also sec- tion four (4) of article thirteen (13) of an act entitled “An act to reduce the act incorporating the City of Springfield, and, the several acts amendatory thereof, into one act, and to amend the same,” approved March 2, 1854. Approved February 16, 1857 — Private Laws of 1857, page 1050. An Act to amend an act entitled “An act to amend the charter of the City of Springfield,” approved February 14, 1855 ; and to amend certain sections of the said charter of the said City of Springfield. Approved Feb- ruary 18, 1857 — Private Laws of 1857, page 1229. An Act to amend the charter of the City of Springfield. Approved February 18, 1859 — Private Laws of lc59, page 269. An Act to amend the charter of the City of Springfield. Approved February 21, 1861 — Private Laws of 1861, page 277. * This act first established police magistrates’ courts in the State, t The act of March 2, 1854. with iits successive amendments, continued in force as the charter of the City of Springfield until April 4, 1882, when, by vote of the electors of the city, the same became incorporated under the general incor- poration law of 1872. —27 418 APPENDIX. An Act to amend the charter of the City of Springfield^ Approved February 16, 1865 — Private Laws of 1865. An Act to amend the charter of the City of Springfield. Approved March 29, 1869— Private Laws of 1869, vol. II, page 241. An Act to incorporate the Springfield Gas Light Company. Approved February 27, 1854 — Private Laws of *1854, (special session), page 189. An Act to incorporate the managers of Oak Kidge Cemetery. Approved March 2, 1869 — Private Laws of 1869, vol. I, page 319.* An Act to authorize the election of supervisors in the vari- ous wards of the City of Springfield, Illinois. Approved February 16, 1863 — Private Laws of 1863, page 170. An Act to divide the town of Springfield into election dis- tricts. Approved February 19, 1867 — Private Laws of 1867, vol. I, page 917. *No organization was ever effected under the provisions of this act, the same having been considered unconstitutional. POPULATION OF THE CITY OF SPKINGFIELD AT SUCCESSIVE DECADES. Federal Census, 1840 2,579 “ " 1850 4,533 “ “ 1860 9,320 “ . " 1870 17,364 " “ 1880 19,743* * The last enumeration does not include the villages of North and West Springfield, which properly belcng to the city, and whose added inhabitants would increase the total population to 25,000. CONSTITUTION OF THE STATE OF ILLINOIS. Adopted in convention May 13, 1870; ratified by the people July 2, 1870; in force August 8, 1870. PREAMBLE. We, the people of the State of Illinois — grateful to Almighty God for the civil, political and religious liberty which He hath so long permitted us to enjoy, and looking to Him for a blessing upon our endeavors to secure and transmit the same unimpaired to succeeding generations — in order to form a more perfect government, establish justice, insure domestic tranquility, pro- vide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and ‘our posterity, do ordain and establish this Constitution for the State of Illinois.-’- ARTICLE I. Boundaries. — The boundaries and jurisdiction of the State shall be as follows, to-wit: Beginning at the mouth of the Wabash river, thence up the same, and with the line of Indiana, to the northwest corner of said State; thence east, with the line of the same State, to the middle of lake Michigan; thence north along the middle of said lake, to north latitude 42 degrees and 30 minutes; thence west to the middle of’ the Mississippi river, and thence down along the middle of that river to its confluence with the Ohio river, and thence up the latter river, along its northwestern shore, to the place of begin- ing; Provided, that this State shall exercise such jurisdiction upon the Ohio river, as she is now entitled to, or such as may hereafter be agreed upon by this State and the State of Kentucky. *A constitution must be expounded in its plain and obvious meaning; but it a literal meaning involves a manifest absurdity, it should never be adopted. The People vs. McRoberts, etc., 4 Legal News. 227. See, also. The People vs. Marshall, 1 Gilman, 672. CONSTITUTION OF THE STATE OF ILLINOIS. 421 ARTICLE II. BILL OF RIGHTS. Section 1. All men are by nature free and independent, and have certain inherent and inalienable rights — among these are life, liberty and the pur- suit of happiness. To secure these rights and the protection of property, governments are instituted among men, deriving their just powers from the consent of the governed. f 2. No person shall be deprived of life, liberty or property, without due process of law.-^' § 3. The free exercise and enjoyment of religious profession and worship, without discrimination, shall forever be guaranteed ; and no person shall be denied any civil or political right, privilege or capacity, on account of his religious opinions; but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations, excuse acts of licentious- ness, or justify practices inconsistent with the peace or safety of the State. No person shall be required to attend or support any ministry or place of worship against his consent, nor shall any preference be given by law to any religious denomination or mode of worship. § 4. Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that liberty; and in all trials for libel, both civil and criminal, the truth, when published with good motives and for jus- tifiable ends, shall be a sufficient defense. § 5. The right of trial by jury, as heretofore enjoyed, shall remain invio- late; but the trial of civil cases before justices of the peace by a jury of less than twelve men, may be authorized by law. g 6. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be v iolated; and no warrant shall issue without probable cause, supported by affidavit, particularly describing the place to be searched, and the persons or things to be seized. § 7. All persons shall be bailable by sufficient sureties, except for capital offenses, where the proof is evident or the presumption great; and the privi- lege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. § 8. No person shall be held to answer for a criminal offense, unless on indictment of a grand jury, except in cases in which the punishment is by fine, or imprisonment otherwise than in the penitentiary, in cases of impeach- ment, and in cases arising in the army and navy, or in the militia when in actual service in time of war or public danger : Provided, that the grand jury may be abolished by law in all cases. g 9. In all criminal prosecutions the accused shall have the right to ap- pear and defend in person and by counsel; to demand the nature and cause of the accusation, and to have a copy thereof; to meet the witnesses face to face, and to have process to compel the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed. *Ordinances authorizing summary proceedings for the assessment of dam- ages, without judicial ascertainment, are in violation of this section, and therefore unconstitutional. Poppen vs. Holmes, 44 111.360; Bullock vs. Geomble, 45 111. 218. 422 CONSTITUTION OF THE § 10. No person shall be compelled, in any criminal case, to give evidence against himself, or to be twice put in jeopardy for the same offense. § 11. All penalties shall be proportioned to the nature of the offense; and no conviction shall work corruption of blood or forfeiture of estate; nor shall any person be transported out of the State for any offense committed within the same. § 12. No person shall be imprisoned for debt, unless upon refusal to de- liver up his estate for the benefit of his creditors, in such manner as shall be prescribed by law; or in cases where there is strong presumption of fraud. § 13. Private property shall not be taken or damaged for public use with- out just compensation. Such compensation, when not made by the State, shall be ascertained by a jury, as shall be prescribed by law. The fee of land taken for railroad tracks, without consent of the owners thereof, shall remain in such owners, subject to the use for which it is taken. ^ 14. No ex post facto law, or law impairing the obligation of contracts, or making any irrevocable grant of special privileges or immunities, shall be passed. § 15. The military shall be in strict subordination to the civil power. § 16. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, except in the manner pre- scribed by law. § 17. The people have the right to assemble in a peaceable manner to con-- suit for the common good, to make known their opinions to their representa- tives, and to apply for redress of grievances. ^ 18. All elections shall be free and equal. § 19. Every person ought to find a certain remedy in the laws for all in- juries and wrongs which he may receive in his person, property or reputation; he ought to obtain, bylaw, right and justice freely, and without being obliged to purchase it, completely and without denial, promptly and without delay. ^ 20. A frequent recurrence to the fundamental principles of civil govern- ment is absolutely necessary to preserve the blessings of liberty. ARTICLE III. Distribution of powers. — The powers of the Government of this State are divided into three distinct departments — the Legislative, Executive and Judi- cial; and no person, or collection of persons, being one of these departments, shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted. ARTICLE IV. LEGISLATIVE DEPARTMENT. Section 1. The legislative power shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives, both to be elected by the people. Election. — § 2. An election for members of the general assembly shall be hMd on the Tuesday next after the first Monday in November, in the year of our Lord 1870, and every two years thereafter, in each county, at such places therein as may be provided by law. When vacancies occur in either house, the governor, or person exercising the powers of governor, shall issue writs of election to fill such vacancies. STATE OF ILLINOIS. 423 Eligibility and oath. — ^ 3. No person shall be a senator who shall not have attained the age of twenty-five years, or a representative who shall not have attained the age of twenty-one years. No person shall be a senator or representative who shall not be a citizen of the United States, and who shall not have been for five years a resident of this State, and for two years next preceding his election a resident within the territory forming the district from which he is elected. No judge or clerk of any court, secretary of State, attorney general. State’s attorney, recorder, sheriff, or collector of public revenue, member of either house of congress, or person holding any lucrative ofiice under the United States or this State, or any foreign government, shall have a seat in the general assembly: Provided, that appointments in the militia, and the offices of notary public and justice of the peace, shall not be considered lucrative. Nor shall any person holding any office of honor or profit under any foreign government, or under the government of the United States, (except postmasters whose annual compensation does not exceed the sum of $300,) hold any office of honor or profit under the authority of this State. § 4. No person who has been, or hereafter shall be, convicted of bribery, perjury, or other infamous crime, tior any person who has been, or may be, a collector or holder of public moneys, who shall not have accounted for and paid over, according to law, all such moneys due from him, shall be eligible to the general tissernbly, or to any office of profit or trust in this State. § 5. Members of the general assembly, before they enter upon their official duties, shall take and subscribe the following oath or affirmation: I do solemnly swear (or affirm) that I will support the constitution of the United States and the constitution of the State of Illinois, and will faithfully discharge the duties of senator (or representative) according to the best of my ability; and that I have not. knowingly or intentionally, paid or contributed anything, or made any promise in the nature of a bribe, to directly or indirectly influence any vote at the election at which I was chosen to All the said office, and have not accepted, nor will I accept or receive, directly or indirectly, any money or other valuable thing, from any corporation, company or person, for any vote or influence I may give or withhold on any bill, resolution, or appro- priation, or for any other official act. This oath shall be administered by a judge of the supreme or circuit court, in the hall of the house to which the member is elected, and the secretary of State shall record and file the oath subscribed by each member. Any mem- ber who shall refuse to take the oath herein prescribed shall forfeit his office, and every member who shall be convicted of having sworn falsely to, or of violating, his said-oath, shall forfeit his office, and be disqualified thereafter from holding any office of profit or trust in this State. Apportionment — senatorial. — g 6. The general assembly shall apportion the State every ten years, beginning Avith the year 1871, by dividing the pop- ulation of the State, as ascertained by the federal census, by the number 51, and the quotient shall be the ratio of representation in the senate. The State shall be divided into fifty-one senatorial districts, each of which shall «lect one senator, whose term of office shall be four years. The senators elected in the year of our Lord 1872, in districts bearing odd numbers, shall vacate their offices at the end of two years, and those elected in districts bear- ing even numbers, at the end of four years; and vacancies occuring by the expiration of term shall be filled by the election of senators for the full term. Senatorial districts shall be formed of contiguous and compact territory, bounded by county lines, and contain, as nearly as practicable, an equal num- ber of inhabitants ; but no district shall contain less than four-fifths of the senatorial ratio. Counties containing not less than the ratio and three- fourths, may be divided into separate districts, and shall be entitled to two senators, and to one additional senator ^or each number of inhabitants equal to the ratio, contained by such counties in excess of twice the number of said ratio. 424 CONSTITUTION OF THE Minority representation. — ^ ^ 7 and 8. The house of representatives shall consist of three times the number of the members of the senate, and the term of office shall be two years. Three representatives sliall be elected in each senatorial district at the general election in the year of our Lord 1872, and every two years thereafter. In all elections of representatives aforesaid, each qualified voter may cast as many votes for one candidate as there are representatives to be elected, or may distribute the same, or equal parts thereof, among the candidates as he shall see fit; and the candidates highest in votes shall be declared elected. Time of meeting and general rules. — ^ 9. The sessions of the general assembly shall commence at 12 o’clock noon, on the Wednesday next after the first Monday in January, in the year next ensuing the election of members thereof, and at no other time, unless provided by this constitution. A major- ity of the members elected to each house shall constitute a quorum. Each house shall determine the rules of its proceedings, and be the judge of the election, returns and qualifications of its members; shall choose its own officers; and the senate shall choose a temporary president to preside when the lieutenant-governor shall not attend as president or shall act as governor. The secretary of State shall call the house of representatives to order at the opening of each new assembly, and preside over it until a temporary presid- ing officer thereof shall have been chosen and shall have taken his seat. No member shall be expelled by either house, except by a vote of two-thirds of all the members elected to that house, and no member shall be twice expelled for the same offense. Each house may punish by imprisonment any person, not a member, who shall be guilty of disrespect to the house by disorderly or contemptuous behavior in its presence. But no such imprisonment shall ex- tend beyond twenty-four hours at one time, unless the person shall persist in such disorderly or contemptuous behavior. § 10. The doors of each house and of committees of the whole, shall be kept open, except in such cases as, in the opinion of the house, require se- crecy. Neither house shall, without the consent of the other, adjourn for more than two days, or to any other place than that in which the two houses shall be sitting. Each house shall keep a journal of its proceedings, which shall be published. In the senate at the request of two members, and in the house at the request of five members, the yeas and nays shall be taken on any question, and entered upon the journal. Any two members of either house shall have liberty to dissent from and protest, in respectful language, against any act or resolution which they think injurious to the public or to any individual, and have the reasons of their dissent entered upon the journals. Etyle of laws and passage of bills. — § 11. The style of the laws of this State shall be : Be it enacted by the People of the State of Illinois, represented in the General Assembly. g 12. Bills may originate in either house, but may be altered, amended or rejected by the other; and on the final passage of all bills, the vote shall be by yeas and nays, upon each bill separately, and shall be entered upon the journal; and no bill shall become a law without the concurrence of a majority of the members elected to each house. g 13. Every bill shall be read at large on three different days, in each house; and the bill and all amendments thereto shall be printed before the vote is taken on its final passage ; and every bill, having passed both houses. Note.— B y the adoption of minority representation, § § 7 and 8 of this article cease to be a part of the constitution. Under § 12 of the scheduie, and the vote of adoption, the above section relating to minority representation is substituted for said sections. STATE OF ILLINOIS. 425 shall be signed by the speakers thereof. No act hereafter passed shall em- brace more than one subject, and that shall be expressed in the title. But if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be so ex- pressed; and no law shall be revived or amended by reference to its title only, but the law revived, or the section amended, shall be inserted at length in the new act. And no act of the general assembly shall take effect until the first day of July next after its passage, unless, in case of emergency, (which emergency shall be expressed in the preamble or body of the act,) the general assembly shall, by a vote of two-thirds of all the members elected to each house, otherwise direct.* Privileges and disabilities. — § 14. Senators and representatives shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest during the session of the general assembly, and in going to and return- ing from the same; and for any speech or debate in either house, they shall not be questioned in any other place. § 15. No person elected to the general assembly shall receive any civil appointment within this State from the governor, the governor and senate, or from the general assembly, during the term for which he shall have been elected; and all such appointments, and all votes given for any such mem- bers for any such office or appointment, shall be void; nor shall any member of the general assembly be interested, either directly or indirectly, in any contract with the State, or any county thereof, authorized by any law passed during the term for which he shall have been elected, or within one year after the expiration thereof. Public moneys and appropriations. — ^ 16. The general assembly shall make no appropriation of money out of the treasury in any private law. Bills making appropriations for the pay of members and officers of the general assembly, and for the salaries of the officers of the government, shall contain no provision on any other subject. g 17. No money shall be drawn from the treasury except in pursuance of an appropriation made by law, and on the presentation of a warrant issued by the auditor thereon; and no money shall be diverted from any appropriation made for any purpose, or taken from any fund whatever, either by joint or separate resolution. The auditor shall, within sixty days after the tidjourn- ment of 'each session of the general assembly, prepare and publish a full statement of all money expended at such session, specifying the amount of each item, and to whom and for what paid. ^ 18. Each general assembly shall provide for all the appropriations neces- sary for the ordinary and contingent expenses of the government until the expiration of the first fiscal quarter after the adjournment of the next regular session, the aggregate amount of which shall not be increased without a vote of two-thirds of the members elected to each house, nor exceed the amount of revenue authorized by law to be raised in such time; and all appropriations, general or special, requiring money ro be paid out of the State treasury, from funds belonging to the State, shall end with such fiscal quarter: Pro- vided, the State may, to meet casual deficits, or failures in revenues, contract debts, never to exceed, in the aggregate, $250,000; and moneys thus bor- rowed shall be applied to the purpose for which they were obtained, or to pay the debt thus created, and to no other purpose; and no other debt, except for the purpose of repelling invasion, suppressing insurrection, or defending the State in war, (for payment of which the faith of the State shall be pledged). *If portions of an act are constitutional, and a portion is not, such portions as are free from objection may be executed and enforced. Nelson vs. The People, 33 111. 390. 426 CONSTITUTION OF THE shall be contracted, unless the law authorizing the same shall, at a general election, have been submitted to the people, and have received a majority of the votes cast for members of the general assembly at such election. The general assembly shall provide for the publication of said law for three montlis, at, least, before the vote of the people shall be taken upon the same; and provision shall be made, at tlie time, for the payment, of the interest an- nually, as it shall accrue, by a tax levied for the purpose, or from other sources of revenue; which law, providing for the payment of such interest by such tax, shall be irrepealable until such debt be paid: And provided, further, that the law levying the tax shall be submitted to the people with the law authorizing the debt to be contracted. § 19. The general assembly shall never grant or authorize extra compen- sation, fee or allowance to any public officer, agent, servant or contractor, after service has been rendered or a contract made, nor authorize the pay- ment of any claim, or part thereof, hereafter created against the State under any agreement or contract made without express authority of law ; and all such unauthorized agreements or contracts shall be null and void: Provided, the general assembly may make appropriations for expenditures incurred in suppressing insurrection or repelling invasion. ^ 20. The State shall never pay, assume or become responsible for the debts or liabilities of, or in any manner give, loan or extend its credit to, or in aid of, any public or other corporation, association or individual. Pay OF MEMBERS. — § 21. The members of the general assembly shall re- ceive for their services the sum of $5 per day, during the first session held under this constitution, and 10 cents for each mile necessarily traveled in going to and returning from the seat of government, to be computed by the auditor of public accounts; and thereafter, such compensation as shall be prescribed by law, and no other allowance or emolument, directly or indirectly, for any purpose whatever, except the sum of $50 per session to each member, which shall be in full for postage, stationer^', newspapers, and all other inci- dental expenses and perquisites; but no change shall be made in the compen- sation of members of the general assembly during the term for which they may have been elected. The pay and mileage allowed to each member of the general assembly shall be certified to by the speakers of their respective houses, and entered on the journals, and published at the close of each ses- sion. Special legislation prohibited. — g 22. The general assembly shall not pass locator special laws in any of the following enumerated cases, that is to say : for Granting divorces; Changing the names of persons or places; Laying out, opening, altering and working roads or highways; Vacating roads, town plats, streets, alleys and public grounds; Locating or changing county seats; Regulating county and township affairs; Regulating the practice in courts of justice; Regulating the jurisdiction and duties of justices of the peace, police magis- trates, and constables; Providing for changes of venue in civil and criminal cases; Incorporating cities, towns or villages, or changing or amending the charter of any town, city or village; STATE OF ILLINOIS. 427 Providing for the election of members of the board of supervisors in town- ships, incorporated towns or cities; Summoning or impaneling grand or petit juries; Providing for the management of common schools; Regulating the rate of interest on money; The opening and conducting of any election, or designating the place of voting ; The sale or mortgage of real estate belonging to minors or others under dis- ability ; The protection of game or fish; Chartering or licensing ferries or toll bridges; Remitting fines, penalties or forfeitures; Creating, increasing or decreasing fees, percentage or allowances of public offices, during the term for which said officers are elected or appointed ; Changing the law of descent; . Granting to any corporation, association or individual the right to lay down railroad tracks, or amending existing charters for such purpose; Granting to any corporation, association or individual any special or ex- clusive privilege, immunity or franchise whatever; In all other cases where a general law can be made applicable, no special law shall be enacted. § 23. The general assembly shall have no power to release or extinguish, in whole or in part, the indebtedness, liability or obligation of any corporation or individual to this State, or to any municipal corporation therein. Impeachment. — ^ 24. The house of representatives shall have the sole power of impeachment; but a majority of all the members elected must con- cur therein. All impeachments shall be tried by the senate; and when sit- ting for that purpose, the senators shall be upon oath, or affirmation, to do justice according to law and evidence. When the governor of the State is tried, the chief justice shall preside. No person shall be convicted without the concurrence of two-thirds of the senators elected. But judgment, in such cases, shall not extend further than removal from office, and disqualification to hold any office of honor, profit or trust under the government of this State. Tiie party, whether convicted or acquitted, shall, nevertheless, be liable to prosecution, trial, judgment and punishment, according to law. Miscellaneous. — § 25. The general assembly shall provide, by law, that the fuel, stationery, and printing paper furnished for the use of the State; the copying, printing, binding and distributing the laws and journals, and all other priming ordered by the general assembly, shall be let by contract to the lowest responsible bidder; but the general assembly shall fix a maximum price; and no member thereof, or other officer of the State, shall be inter- ested, directly or indirectly, in such contract. But all such contracts shall be subject to the approval of the governor, and if he disapproves the same, there shall be a re-letting of the contract, in such manner as shall be prescribed by law. § 26. The State of Illinois shall never be made defendant in any court of law or equity. § 27. The general assembly shall have no power to tiuthorize lotteries or gift enterprises, for any purpose, and shall pass laws to prohibit the sale of lottery or gift enterprise tickets in this State. 428 CONSTITUTION OF THE § 28. No law shall be passed which shall operate to extend the term of any public officer after his election or appointment. § 29. It shall be the duty of the general assembly to pass such laws as may be necessary for the protection of operative miners, by providing for ventila- tion, when the same may be required, and the construction of escapement shafts, or such other appliances as may secure safety in all coal mines, and to provide for the enforcement of said laws by such penalties and punish- ments, as may be deemed proper. ^ 30. The general assembly may provide for establishing and opening roads and cartways, connected with a public road, for private and public use. § 31. The general assembly may pass laws permitting the owners or occu- pants of lands to construct drains and ditches, for agricultural and sanitary purposes, across the lands of others. § 32. The general assembly shall pass liberal homestead and exemption laws. § 33. The general assembly shall not appropriate out of the State treasury, or expend on account of the new capital grounds, and construction, completion, and furnishing of the State house, a sum exceeding, in the aggregate, $3,500,- 000, inclusive of all appropriations heretofore made, without first submitting tlie proposition for an additional expenditure to the legal voters of the State, at a general election; nor unless a majority of all the votes cast at such elec- tion shall be for the proposed additional expenditure. ARTICLE V. EXECUTIVE DEPARTMENT. Executive department. — Section 1. The executive department shall consist of a Governor, Lieutenant-Governor, Secretary of State, Auditor of Public Accounts, Treasurer, Superintendent of Public Instruction, and Attor- ney-General, who shall, each, with the exception of the treasurer, hold his office for the term of four years fi'om the second Monday of January next after his election, and until his successor is elected and qualified. They shall, except the lieutenant-governor, reside at the seat of government during their term of office, and keep the public records, books and papers there, and shall perform such duties as may be prescribed by law. § 2. The treasurer shall hold his office for the term of two years, and until his successor is elected and qualified ; and sliall be ineligible to said office for two years next after the end of the term for which he was elected. He may be required by the governor to give reasonable additional security, and in default of so doing his office shall be deemed vacant. Election. — ^ 3. An election for governor, lieutenant-governor, secretary of State, auditor of public accounts, and attorney general, shall be held on the Tuesday next after the first Monday of November, in the year of our Lord 1872, and every four years thereafter; for superintendent of public instruc- tion, on the Tuesday next after the first Monday of November in the year 1870, and every four years thereafter; and for treasurer on the day last above mentioned, and every twoyetirs thereafter, at such places and in such manner as may be prescribed by law. § 4. The returns [of every election for the above named officers shall be sealed up and transmitted, by the returning officers, to the secretary of State, directed to “The Speaker of the House of Representatives,” who shall, imme- diately after the the organiztition of the house, and before proceeding to other STATE OF ILLINOIS. 429 business, open and publish the same in Mie presence of a majority of each house of the general assembly, who shall, for that pnrpose, assemble in the hall of the house of representatives. The person having the highest number of votes for either of said offices shall b^ declared duly elected; but if two or more have an equal, and the highest, number of votes, the general assembly shall, by joint ballot, choose one of such persons for said office. Contested olections for all of said offices shall be determined by both houses of the gen- oral assembly, by joint ballot, in such manner as may be prescribed by law. Eligibility. — ^ 5. No person shall be eligible to the office of governor, or lieutenant-governor, who shall not have attained the age of 30 years, and been, for five years next preceding his election, a citizen of the United States and of this State. Neither the governor, lieutenant-governor, auditor of public accounts, secretary of State, superintendent of public instruction, nor attorney general shall be eligible to any other office during the period for which he shall have been elected. Governor. — g 6. The supreme executive shall be vested in the governor, •who shall take care that the laws be faithfully executed. § 7. The governor shall, at the commencement of each session, and at the close of his term of office, give to the general assembly information, by mes- sage, of the condition of the State, and shall recommend such measures as he shall deem expedient. He shall account to the general assembly, and accom- pany his message with a statement of all moneys received and paid out by him from any funds subject to his order, with vouchers, and at the commence- ment of each regular session present estimates of the amount of money required to be raised by taxation for all purposes. \ 8. The governor may, on extraordinary occasions, convene the general assembly, by proclamation, stating therein the purpose for which they are ■convened; and the general assembly shall enter upon no business except that for which they were called together. \ 9. In case of a disagreement between the two houses with respect to the time of adjournment, the governor may, on the same being certified to him by the house first moving the adjournment, adjourn the general assembly to such time as he thinks proper, not beyond the first day of the next regular session. § 10. The governor shall nominate and, by and with the advice and con- sent of the senate, (a majority of all the senators elected concurring, by yeas and nays), appoint all officers whose offices are established by this constitu- tion, or which may be created by law, and whose appointment or election is not otherwise provided for; and no such officer shall be appointed or elected by the general assembly. \ 11. In case of a vacancy, during the recess of the senate, in any office which is not elective, the governor shall make a temporary appointment until the next meeting of the senate, when he shall nominate some person to fill such office; and any person so nominated, who is confirmed by the senate (a majority of all the senators elected concurring by yeas and nays) shall hold his office during the remainder of the term, and until his successor shall be appointed and qualified. No person, after being rejected by the senate, shall be again nominated for the same office at the same session, unless at the re- quest of the senate, or be appointed to the same office during the recess of the general assembly. \ 12. The governor shall have power to remove any officer whom he may appoint, in case of incompetency, neglect of duty, or malfeasance in office; and he may declare his office vacant, and fill the same as is herein provided in other cases of vacancy. 430 CONSTITUTION OF THE g 13. The governor shall have power to grant reprieves, commutations and pardons, after conviction, for all offenses, subject to such regulations as may be provided by law relative to the manner of applying therefor. § 14. The governor shall be commander-in-chief of the military and naval foi’ces of the State, (except when they shall be called into the service of the United States), and may call out the same to execute the laws, suppress in- surrection, and repel invasion. § 15. The governor, and all civil officers of this State, shall be liable to impeachment for any misdemeanor in office. Veto. — § 16. Every bill passed by the general assembly shall, before it becomes a law, be presented to the governor. If he approve, he shall sign it, and thereupon it shall become a law; but if he do not approve, he shall re- turn it, with his objections, to the house in which it shall have originated, which house shall enter the objections at large upon its journal, and proceed to reconsider the bill. If, then, two-thii'ds of the members elected agree to pass the same, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by two-thirds of the members elected to that house, it shall become a law, notwithstanding the objections of the governor. But in all such cases, the vote of each house shall be determined by yeas and nays, to be entered on the journal. Any bill which shall not be returned by the governor within ten days (Sundays ex- cepted) after it shall have been presented to him, shall become a law in like manner as if he had signed it, unless the general assembly shall, by their ad- journment, prevent its return; in which case it shall be filed, with his objec- tions, in the office of the secretary of State, within ten days after such adjournment, or become a law. Lieutenant-governor. — ^ 17. In case of the death, conviction on impeach- ment, failure to qualify, resignation, absence from the State, or other disa- bility of the governor, the powers, duties and emoluments of the office for the residue of the term, or until the disability shall be removed, shall devolve upon the lieutenant-governor. ^ 18. The lieutenant-governor shall be president of the senate, and shall vote only when the senate is equally divided. The senate shall choose a pres- ident, p7-o tevipore, to preside in case of the absence or impeachment of the lieutenant-governor, or when he shall hold the office of governor. § 19. If there be no lieutenant-governor, or if the lieutenant-governor shall, for any of the causes specified in section 17 of this article, become in- capable of performing the duties of the office, the president of the senate shall act as governor until the vacancy is filled or the disability removed ; and if the president of the senate, for any of the above named causes, shall become incapable of performing the duties of governor, the same shall devolve upon the speaker of the house of representatives. Other STATE officers. — g 20. If the office of auditor of public accounts, treasurer, secretary of State, attorney-general, or superintendent of public instruction, shall be vacated by death, resignation, or otherwise, it shall be the duty of the governor to fill the same by appointment, and the appointee shall hold his office until his successor shall be elected and qualified, in such manner as may be provided by law.* An account shall be kept by the officers * Where the tenure of an office is fixed for a specified period of time, “and until a successor shall be elected or appointed and qualified,” the mere expira- tion of the specified period of time for the duration of the term will not operate to vacate the office, or to impair the powers of the officer to continue in the per- formance of the duties of the office, nor will the election or appointment alone of his successor have anyjsuch effect; for there must be superadded to the elec- tion or appointment of his successor his qualification, in order to complete divesture of the prior incumbent of his official authority.— People ex rel. v. Supervisor of Burnett Township, 100 111,, 332. STATE OF ILLINOIS. 431 of the executive department, and of all the public institutions of the State, of all moneys received or disbursed by them, severally, from all sources, and for every service performed, and a semi-annual report thereof be made to the governor, under oath; and any officer who makes a false report shall be guilty of perjury, and punished accordingly. ^ 21. The officers of the executive department, and of all the public insti- tutions of the State, shall, at least ten days preceding each regular session of the general assembly, severally report to the governor, who shalf transmit such reports to the general assembly, together with tlie reports of the judges of the supreme court, of defects in the constitution and laws; and the gover- nor may, at any' time, require information, in writing, under oath, from the officers of the executive department, and all officers and managers of State institutions, upon any subject relating to the condition, management and ex- penses of their respective offices. The seal of State. — § 22. There shall be a seal of the State, which shall be called the “Great Seal of the State of Illinois,” which shall be kept by the secretary of State, and used by him officially as directed by law. Fees and salarles, — § 23, The officers named in this article shall receive for their services a salary, to be established by law, which shall not be in- creased or diminished during their official terms, and they shall not, after the expiration of the terms of those in office at the adoption of this constitution, receive to their own use any fees, costs, perquisites of office, or other compen- sation. And all fees that may hereafter be payable by law for any services performed by any officer provided for in this article of the constitution, shall be paid in advance into the State treasury. Definition and oath of office. — § 24. An office is a public position created by the constitution or law, continuing during the pleasure of the ap- pointing power, or for a fixed time, with a successor elected or appointed. An employment is an agency, for a temporary purpose, which ceases when that purpose is accomplished. § 25, All civil officers, except members of the general assembly and such inferior officers as may be by law exempted, shall, before they enter on 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 , accord- ing to the best of my ability. And no other oath, declaration or test shall be required as a qualification. ARTICLE VI. ‘ JUDICIAL DEPARTMENT. Section 1, The judicial powers, except as in this article is otherwise pro- vided, shall be vested in one supreme court, circuit courts, county courts, justices of the peace, police magistrates, and in such courts as may be created by law in and for cities and incorporated towns,*' *The Common Council of the city of Chicago does not belong to the judicial department of the State, and under the constitution cannot exercise jndicial power. Crete vs. Chicago, 56 111. 422. 482 CONSTITUTION OF THE Supreme court. — ^ 2. The supreme court shall consist of seven judges, and shall liave original jurisdiction in cases relating to the revenue, in man- damus and habeas corpus, and appellate jurisdiction in all other cases. One of said judges shall be chief justice; four shall constitute a quorum, and the concurrence of four shall be necessary to every decision. g 3. No person shall be eligible to the office of judge of the supreme court unlesshe sjiallbe atleast thirty years of age, and a citizen of the United States, nor unless he shall have resided in this State five years next preceding his election, and be a resident of the district in which he shall be elected. ^ 4. Terms of the supreme court shall continue to be held in the present grand divisions at the several places now provided for holding the same; and until otherwise provided by law, one or more terms of said courts shall be held, for the northern division, in the city of Chicago, each year, at such times as said court may appoint, whenever said city or the county of Cook shall provide appropriate rooms therefor, and the use of a suitable library, without expense to the State. The judicial divisions may be altered, increased or diminished in number, and the times and places of holding said court may be changed by law. § 5. The present grand divisions shall be preserved, and be denominated Southern, Central and Northern, until otherwise provided by law. The State shall be divided into seven districts for the election of judges, and until otlierwise provided by law, they shall be as follows: First District. — The counties of St. Clair, Clinton, Washington, Jefferson, Wayne, Edwards, Wabash, White, Hamilton, Franklin, Perry, Randolph, Monroe, Jackson, Williamson, Saline, Gallatin, Hardin, Pope, Union, Johnson, Alexander, Pulaski and Massac. Second District.- — ^The counties of Madison, Bond, Marion, Clay, Richland, Lawrence, Crawford, Jasper, Effingham, Fayette, Montgomeryy Macoupin, Shelby, Cumberland, Clark, Greene, Jersey, Calhoun and Christian. Third District. — The counties of Sangamon, Macon, Logan, DeWitt, Piatt, Douglas, Champaign, Vermilion, McLean, Livingston, Ford, Iroquois, Coles, Edgar, Moultrie and Tazewell. Fourth District. — The counties of Fulton. McDonough, Hancock, Schuyler, Brown, Adams, Pike, Mason, Menard, Morgan, Cass and Scott. Fifth District. — The counties of Knox, Warren, Henderson, Mercer, Henry, Stark, Peoria, Marshall, Putnam, Bureau, LaSalle, Grundy and Woodford. Sixth District. — The counties of AVhiteside, Carroll, JoDaviess, Stephenson, AVinnebago, Boone, McHenry, Kane, Kendall, DeKalb, Lee, Ogle and Rock Island. Seventh District. — The counties of Lake, Cook, AVill, Kankakee and Du Page. The boundaries of the districts may be changed at the session of' the gen- eral assembly next preceding the election for judges therein, and at no other time; but whenever such alterations shall be made, the same shall be upon the rule of equality of population, as nearly as county boundaries will allow, and the districts shall be composed of contiguous counties, in as nearly compact form as circumstances will permit. The alteration of the districts shall not affect the tenure of office of any judge. ^ 6. At the time of voting on the adoption of this constitution, one judge of the supreme court shall be elected by the electors thereof, in each of said districts, numbered two, three, six and seven, who shall hold his office for the STATE OF ILLINOIS. 433 •term of nine years from the first ^loiuiiiy of June, in the year of our Lord 1870. The term of office of judges of tlie supreme court, elected after the adoption of this constitution, shall be nine years; and on the first Monday of June of the years in which the term of any of the judges in office at the adop- tion of this constitution, or of the judges then elected, shall expire, and every nine years thereafter, there shall be an election for the successor or succes- sors of such judges, in the respective districts wherein the term of such judges shall expire. The chief justice shall continue to act as such until the expiration of the term for which he was elected, after which the judges shall schoose one of their number chief justice. § 7. From and after the adoption of this constitution, the judges of the supreme court shall each receive a salary of $4,000 per annum, payable quar- terly, until otherwise provided by law; and after said salaries shall be fixed by law, the salaries of the judges in office shall not be increased or dimin- ished during the terms for which said judges shall have been elected. § 8. Appeals and writs of error may be taken to the supreme court held in the grand division in which the case is decided, or, by consent of the par- ties, to any other grand division. § 9. The supreme court shall appoint one reporter of its decisions, wlio shall hold his office for six years, subject to removal by the court. § 10. At the time of election for representatives in the general assembly, happening next preceding the expiration of the terms of office of the present clerks of said court, one clerk of said court for each division shall be elected, whose term of office shall be six years from said election, but who shall not enter upon the duties of his office until the expirtition of the term of his pre- decessor, and every six years thereafter one clerk of said court for each division shall be elected. Appellate courts. — § 11. After the year of our Lord 1874, inferior ap- pellate courts, of uniform organization and jurisdiction, may be created in districts formed for that purpose, to which such appeals .and writs of error as the general assembly may provide, maybe prosecuted, from circuit and other courts, and from which appeals and writs of error shall lie to the supreme court, in all criminal cases, and cases in which a franchise, or freehold, or the validity of a statute, is involved, and in such other cases as may be pro- vided by law. Such appellate courts shall be held by such number of judges of the circuit courts, and at such times and places, and in such manner, as may be provided by law; but no judge shall sit in review upon cases decided by him; nor shall said judges receive any additional compensation for such services. Circuit courts. — § 12. The circuit courts shall have original jurisdiction of all causes in law and equity, and such appellate jurisdiction as is or may be provided by law, and shall hold two or more terms each year in every county. The terms of office of judges of circuit courts shall be six years. § 13. The State, exclusive of the county of Cook and other counties hav- ing a population of 100,000, shall be divided into judicial circuits, prior to the expiration of the terms of office of the present judges of the circuit courts. Such circuits shall be formed of contiguous counties, in as nearly compact form, and as nearly equal, as circumstances will permit, having due regard to business, territory and population, and shall not exceed in number one circuit for every 100,000 of population in the State. One judge shall be elected for each of said circuits by the electors thereof. New circuits may be formed, and the’ boundaries of circuits changed, by the general assembly, at its ses- sion next preceding the election for circuit judges, but at no other time; —28 434 CONSTITUTION OF THE Provided, that the circuits may be equalized or changed at the first session of the general assembly after the adoption of this constitution. The creation, alteration or change of any circuit shall not affect tlie tenure of office of any judge. Whenever the business of the circuit court of any one, or of two or more, contiguous counties, containing a population exceeding 50,000, shall occupy nine months of the year, the general assembly may make of such county, or counties, a separate circuit. Whenever additional circuits are created, the foregoing limitations shall be observed. § 14. The general assembly shall provide for the times of holding court in each county; which shall not be changed, except by the general assembly next preceding the general election for judges of said courts; but additional terms may be provided for in any county. The election forjudges of the cir- cuit courts shall be held on the first Monday in June, in the year of our Lord 1873, and every six years thereafter. g 15. The general assembly may divide the State into judicial circuits of greater population and territory, in lieu of the circuits provided for in section 13 of this article, and provide for the election therein, severally, by the electors thereof, by general ticket of not exceeding four judges, who shall hold the circuit courts in the circuit for which they shall be elected, in such manner as may be provided by law. § 16. From and after the adoption of this constitution, judges of the cir- cuit courts shall receive a salary of $3,000 per annum, payable quarterly, until otherwise provided by law. And after their salaries shall be fixed by law, they shall not be increased or diminished during the terms for which said judges shall be, respectively, elected; and from and after the adoption of this constitution, no judge of the supreme or circuit court shall receive any other compensation, perquisite or benefit, in any form whatsoever, nor per- form any other than judicial duties, to which may belong any emoluments. ^ 17. No person shall be eligible to the office of judge of the circuit or any inferior court, or to membership in the “board of county commissioners,"’ unless he shall be at least twenty-five years of age, and a citizen of the United States, nor unless he shall have resided in this State five years next preceding his election, and be a resident of the circuit, county, city, cities, or incorporated town in which he shall be elected. County courts. — ^ 18. There shall be elected in and for each county, one county judge and one clerk of the county court, whose terms of office shall be four years. But the general assembly may create districts of two or more contiguous counties, in each of which shall be elected one judge, who shall take the place of, and exercise the powers and jurisdiction of county judges in such districts. County courts shall be courts of record, and shall have original jurisdiction in all matters of probate; settlement of estates of de- ceased persons; appointment of guardians and conservators, and the settle- ment of their accounts; in all matters relating to apprentices, and in proceed- ings for the collectioti of taxes and assessments, and such other jurisdiction as may be provided for by general law. § 19, Appeals and writs of error shall be allowed from final determina- tions of county courts, as may be provided by law. Probate courts. — § 20. The general assembly may provide for the estab- lishment of a probate court in each county having a population of over 50,000, and for the election of a judge thereof, whose term of office shall be the same as that of the county judge, and who shall be elected at the same time and in the same manner. Said courts, when established, shall have STATE OF ILLINOIS. 435 original jurisdiction of all probate matters, the settlement of estates of de- ceased persons, the appointment of guardians and conservators, and settle- ments of their accounts ; in all matters relating to apprentices, and in cases of the sales of real estate of deceased persons for the payment of debts. Justices of the peace and constables. — ^ 21. Justices of the peace, police magistrates, and constables, shall be elected in and for such districts as are, or may be, provided by law, and the jurisdiction of such justices of the peace and police magistrates shall be uniform. State’s attorneys. — § 22. At the election for members of the general assembly, in the year of our Lord 1872, and every four years thereafter, there shall be elected a State’s attorney in and for each county, in lieu of the State’s attorneys now provided by law, whose term of office shall be four years. Courts of Cook county. — g 23. The county of Cook shall be one judicial circuit. The circuit court of Cook county shall consist of live judges, until their number shall be increased, as herein provided. The present judge of the recorder’s court of the city of Chicago, and the present judge of the cir- cuit court of Cook county, shall be two of said judges, and sliall remain in office for the terms for which they were respectively elected, and until their successors shall be elected and qualified. The superior court of Chicago shall be continued, and called the superior court of Cook county. The general assembly may increase the number of said judges, by adding one to either of said courts for every additional 60,000 inhabitants in said county, over and above a population of 400,000. The terms of office of the judges of said courts, hereafter elected, shall be six years. ^ 24. The judge having the shortest unexpired term shall be chief justice of the court of which he is a judge. In case there are two or more whose terms expire at the same time, it may be determined by lot which shall be chief justice. Any judge of either of said courts shall have all the powers of a circuit judge, and may hold the court of which he is a member. Each of them may hold a different branch thereof, at the same time. § 25. The judges of the superior and circuit courts, and the State’s attor- ney, i.n said county, shall receive the same salaries, payable out of the State treasury, as is or may be paid from said treasury to the circuit judges and State's attorneys of the State, and such further compensation, to be paid by the county of Cook, as is or may be provided by law; such compensation shall not be changed during their continuance in office. § 26. The recorder’s court of the city of Chicago shall be continued, and shall be called the “Criminal Court of Cook county.” It shall have the juris- diction of a circuit court, in all cases of criminal and quasi criminal nature, arising in the county of Cook, or that may be brought before said court pur- suant to law ; and all recognizances and appeals taken in said county, in criminal and quasi criminal cases shall he returnable and taken to said court. It shall have no jurisdiction in civil cases, except in those on behalf of the people, and incident to such criminal or quasi criminal matters, and to dis- pose of unfinished business. The terms of said criminal court of Cook county shall be held by one or more of the judges of the circuit or superior court of Cook county, as nearly as may be in alternation, as may be determined by said judges, or provided by law. Said judges shall be, ex-officio, judges of said court. § 27. The present clerk of the recorder’s court of the city of Chicago> shall be the clerk of the criminal court of Cook county, during the term for which he was elected. The present clerks of the superior court of Chicago, 436 CONSTITUTION OF THE and the pi'esent clerk of the circuit court of Cook county, shall continue in office during the terms for which tliey were respectively elected; and there- after there shall be but one clerk of the superior court, to be elected by the qualified electors of said county, who shall hold his office for the term of four years, and until his successor is elected and qualified. ^ 28. All justices of the peace in the city of Chicago shall be appointed by the governor, by and with the advice and consent of the senate, (but only upon the recommendation of a majority of the judges of the circuit, superior and county courts), and for such districts as are now or shall hereafter be provided by law. They shall hold their offices for four years, and until their successors have been commissioned and qualified, but they may be removed by summary proceeding in the circuit or superior court, for extortion or other malfeasance. Existing justices of the peace and police magistrates may hold their offices until the expiration of their respective terms. General provisions. — § 29. All judicial officers shall be commissioned by the governor. All laws relating to courts shall be general, and of uniform operation; and the organization, jurisdiction, powers, proceedings and prac- tice of all courts, of tlie same class or grade, so far as regulated by law, and the force and the effect of the process, judgments and decrees of such courts, severally, shall be uniform. ^ 30. The general assembly may, for cause entered upon the journals, upon due notice and opportunity of defense, remove from office any judge, upon concurrence of three-fourths of all the members elected, of each house. All other officers in this article mentioned, shall be removed from office on prose- cution and final conviction, for misdemeanor in office. § 31. All judges of courts of record, inferior to the supreme court, shall, on or before the first day of June, of each year, report in writing to the judges of the supreme court, such defects and omissions in the laws as their experience may suggest; and the judges of the supreme court, shall, on or before the first day of January, of each year, report in writing to the gov- ernor, such defects and omissions in the constitution and laws as they may find to exist, together with appropriate forms of bills to cure such defects and omissions in the laws. And the judges of the several circuit courts shall report to the next general assembly the number of days they have held court, in the several counties composing their respective circuits, the preceding two years. § 32. All officers provided for in this article shall hold their offices until their successors shall be qualified, and they shall, respectively, reside in the division, circuit, county or district for which they may be elected or ap- pointed. The terms of office of all such officers, where not otherwise pre- scribed in this article, shall be four years. All officers, where not otherwise provided for in this article, shall perform such duties and receive such com- pensation as is, or may be, provided by law. Vacancies in such elective offices shall be filled by election ; but where the unexpired term does not exceed one year the vacancy shall be filled by appointment, as follows: Of judges, by the governor; of clerks of courts, by the court to which the office appertains, or by the jud^e or judges thereof; and of all such other offices, by the board of supervisors or board of county commissioners, in the county where the vacancy occurs. 2 33. All processes shall run": In the name of the People of the State of Illinois; and all prosecutions shall be carried on: In the name and by the au- thority of the People of the State of Illinois; and conclude: Against the peace and dignity of the same. “Population,'’ wherever used in this article shall be determined by the next preceding census of this State or of the United States. STATE OF ILLINOIS. 437 ARTICLE VII. SUFFRAGE. Section 1. Every person having resided in this Siate one year, in the comity 90 days, and in tlie election district 30 days next preceding any elec- tion therein, who was an elector in this State on the first day of April, in the year of our Lord, 1848, or obtained a certificate of naturalization before any court of record, in this State, prior to the first day of January, in the year of our Lord 1870, or who shall be a male citizen of the United States, above the age of 21 years, shall be entitled to vote at such election, § 2. All votes shall be by ballot, § 3. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during the attendance at elections, and in going to and returning from the same. And no elector shall be obliged to do militai-y duty on the days of election, except in time of war or public danger. § 4, No elector shall be deemed to have lost his residence in this State, by reason of his absence on the business of the United States, or of this State, or in the military or naval service of the United States, g 5. No soldier, seaman or marine in the army or navy of the United States, shall be deemed a resident of this State in consequence of being sta- tioned therein, g 6, No person shall be elected or appointed to any office in this State, civil or military, who is not a citizen of the United Stales, and who shall not have resided in this State one year nex^t preceding the election or appoint- ment. § 7. The general assembly shall pass laws excluding from the right of suffrage persons convicted of infamous crimes. ARTICLE VIII. EDUCATION. Section 1. The general assembly shall provide a thorough and efficient system of free schools, whereby all children of this State may receive a good common school education. g 2, All lands, moneys, or other property, donated, granted or received for school, college, seminary or university purposes, and the proceeds thereof, shall be faithfully applied to the object for which such gifts or grants were made. ^ ^ 3. Neither the general assembly nor any county, city, town, township, school district, or other public corporation, shall ever make any appropriation or pay from any public fund whatever, anything in aid of any cliurch or sec- tarian purpose, or to help support or sustain any school, academy, seminary, college, university, or other literary or scientific institution, controlled by any church or sectarian denomination whatever; nor shall any grantor donation of land, money, or other personal property ever be made by the State, or any such public corporation, to any church or for any sectarian purpose. * We think the question of whether the sections of the old city charter relating to schools are to be regarded as repealed by virtue of the adoption by the city of the general law, or as still existing, may be waived, and that all laws, whether in city charters or elseydiere, designed to affect free schools, may be regarded sim- ply ns school laws— as apart of the law intended to carry out the mandate of Art. 8, Sec. 1, of the Constitution. Speight et al. vs. The People ex rel., 87 111. 594. 438 CONSTITUTION OF THE § 4. No teacher, State, county, township or district school officer, shall be interested in tlie sale, proceeds or profits of any book, apparatus or furniture, used, or to be used, in any school in this State, with which such officer or teacher may be connected, under such penalties as may be provided by the general assembly. § 5. There may be a county superintendent of schools in each county, whose qualifications, powers, duties, compensation, and time and manner of election and term of office, shall be prescribed by law. ARTICLE IX. REVENUE. Section 1. The general assembly shall provide such revenue as may be needful, by levying a tax, by valuation, so that every person and corporation shall pay a tax in proportion to the value of his, her or its 'property, — such value to be ascertained by some person or persons, to be elected or appointed in such manner as the general assembly shall direct, and not otherwise; but the general assembly shall have power to tax peddlers, auctioneers, brokers, hawkers, merchants, commission merchants, showmen, jugglers, inn-keepers, grocery-keepers, liquor dealers, toll bridges, ferries, insurance, telegraph and express interests or business, venders of patents, and persons and corporations owning or using franchises and privileges, in such manner as it shall, from time to time, direct, by general law, uniform as to the class upon which it operates. g 2. The specification of the objects and subjects of taxation shall not deprive the general assembly of the power to require other subjects or objects to be taxed, in such manner as may be consistent with the principles of taxa- tion fixed in this constitution.'^ § 3. The property of the State, counties, and other municipal corporations both real|and personal, and such other property as may be used exclusively for agricultural and horticultural societies, for school, religious, cemetery and charitable purposes, may be exempted from taxation. But such exemption shall be only by general law. In the assessment of real estate encumbered by public easement, any depreciation occasioned by such easement may be deducted in the valuation of such property, t § 4. The general assembly shall provide, in all cases where it may be necessary to sell real estate for the non-payment of taxes or special assess- ments for State, county, municipal or other purposes, that a return of such unpaid taxes or assessments shall be made to some general officer of the county, having authority to receive State and county taxes; and there shall be no sale of said property, for any of said taxes or assessments, but by said officer, upon the order or judgment of some court of record. J * The constitutional limitation that private property shall not be taken for public use without just compensation, to be ascertained by jury when not made by the State, has reference only to the exercise of the power of eminent domain, and not to special taxation of contiguous property for the building of aside- walk, or other public improvement, by cities, towns and villages.— White vs. The People, ex rel. City of Bloomington, 94 III., 604. + The legislature cannot confer power on a city to make a valid contract with the owner of any interest in property, which shall have the effect to exempt him from his proper portion of the burden of expenses for street improvements. —City of Chicago vs. Baer, 41 111., 306. + Where an assessor fails to list and assess all property subject to taxation, such failure will not defeat a recovery for taxes against property which has been assessed.— Dunham vs. City of Chicago, 55 111., 357. a STATE OF ILLINOIS. 439 § 5. The right of redemption from all sales of real estate for the non-pay- ment of taxes or special assessments of any character whatever, shall exist, in favor of owners and persons interested in such real estate, for a period of not less than two years from such sales thereof. And the general assembly shall provide, by law, for reasonable notice to be given to the owners or parties interested, by publication or otherwise, of the fact of the sale of the property for such taxes or assessments, and when the time of redemption shall expire: Provided, that occupants shall, in all cases, be served with per- sonal notice before the time of redemption expires. g 6. The general assembly shall have no power to release or discharge any county, city, township, town or district, whatever, or the inhabitants ■thereof, or the property therein, from their or its proportionate share of taxes to be levied for State purposes, nor shall commutation for such taxes be authorized in any form whatsoever. § 7. All the taxes levied for State purposes shall be paid into the State treasury, § 8. County authorities shall never assess taxes, the aggregate of which shall exceed 75 cents per $100 valuation, except for the payment of indebted- ness existing at the adoption of this constitution, unless authorized by a vote of the people of the county. § 9. The general assembly may vest the corporate authorities^’- of cities, towns and villages, with power to make local improvements by special assess- ment or by special t:ixation of contiguous property, or otherwise. For all other corporate purposes, all municipal corporations may be vested with authority to assess and collect taxes; but such taxes shall be uniform, in respect to persons and property, within the jurisdiction of the body imposing the same, t § 10. The general assembly shall not impose taxes upon municipal corpor- ations, or the inhabitants or property thereof, for corporate purposes, but shall require that all the taxable property within the limits of municipal corporations shall be taxed for the payment of debts contracted under author- ity of law, such taxes to be uniform in respect to persons and property within the jurisdiction of the body imposing the same. Private property shall not be liable to be taken or sold for the payment of the corporate debts of a municipal corporation. § 11. No person who is in default, as collector or custodian of money or property belonging to a municipal corporation, shall be eligible to any office in or under such corporation. The fees, salary or compensation of no munici- pal officer, who is elected or appointed for a definite term of office, shall be increased or diminished during such term. § 12, No county, city, township, school district, or other municipal corpor- ation, shall be allowed to become indebted in any manner, or for any purpose, to an amount, including existing indebtedness, in the aggregate exceeding * By the phrase “corporate authorities,” as used in the Constitution, must be understood those municipal officers who are directly elected by the population sought to be taxed by them, or appointed in some mode to which they have given their assent.— Harward vs. St. Clair Drain Co., 51 111., 130. t A tax for corporate purposes may be defined to mean a tax to be expended in a manner which shall promote the general prosperity and welfare of the municipality which levies it; and if it appear that a tax has been voted and levied with an honest purpose to promote the general well-being ot the munici- pality, its collection should not be stayed by the courts.— Taylor vs. Thompson, 42 111 ., 9 . 440 CONSTITUTION OF THE five per centum on the value of the taxable property therein, to be ascer- tained by the last assessment for State and county taxes, previous to the- incurring of such indebtedness. Any county, city, school district, or other municipal corporation, incurring any indebtedness as aforesaid, shall, before, or at the time of doing so, 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 from the time of con- tracting the same. This section shall not be construed to prevent any county, city, township, school district, or other municipal corporation, from issuing their bonds in compliance with any vote of the people which may have been had prior to the adoption of this constitution, in pursuance of any law pro- viding therefor. ^ ARTICLE X. . ^ - f }>.: COUNTIES. Section 1. No new county shall be formed or established by the general assembly which shall reduce the county or counties, or either of them, from which it shall be taken, to less contents than 400 square miles; nor shall any county be formed of less contents ; nor shall any line thereof pass within less than 10 miles of any county seat of the county or counties proposed to- be divided. § 2. There shall be ao territory stricken from any county, unless 'a ma- jority of the voters living in such territory shall petition for such division;: and no territory shall be added to any county without the consent of the ma- jority of the voters of the county to which it is proposed to be added. But the portion so stricken off and added to another county, or formed in whole or in part into a new county, shall be holden for and obliged to pay its proportion of the indebtedness of the county from which it has been taken. ^ 3. No county shall be divided, or have any part stricken therefrom,, without submitting the question to a vote of the people of the county, nor unless a majority of all the legal voters of the county, voting on the question^ shall vote for the same. County seats. — § 4. No county seat shall be removed until the point to- which it is proposed to be removed shall be fixed in pursuance of law, and three-fifths of the voters of the county, to be ascertained in such manner as shall be provided by general law, shall have voted in favor of its removal to- such point; and no person shall vote on such question who has not resided in the county six months, and in the election precinct 90 days next preceding such election. The question of the removal of a county seat shall not be oftener submitted than once in 10 years, to a vote of the people. But when an attempt is made to remove a county seat to a point nearer to the center of a county, then a majority vote only shall be necessary. County government. — § 5. The general assembly shall provide, by gen- eral law, for township organization, under Which any county may organize whenever a majority of the legal voters of such county, voting at any gen- eral election, shall so determine, and whenever any county shall adopt township organization, so much of this constitution as provides for the man- agement of the fiscal concerns of the said county by the board of county commissioners, may be dispensed with, and the affairs of said county may be- transacted in such manner as the general assembly may provide. And in any county that shall have adopted a township organization, the question of con- tinuing the same may be submitted to a vote of the electors of such county,. STATE OF ILLINOIS. 441 at a general election, in the manner that now is or may be provided by law ; and if a majority of all the votes cast upon that question shall be against township organization, then such organization shall cease in said county; and all laws in foi’ce in relation to counties not having township organization, shall immediately take effect and be in force in such county. No two town- ships shall have the same name, and the day of holding the annual township meeting shall be uniform throughout the State. § 6. At the first election of county judges under this constitution, there shall be elected in each of the counties in this State, not under township or- ganization, three officers, who shall be styled “The board of county commis- sioners,” who shall hold sessions for the transaction of county business as shall be provided by law. One of said commissioners shall hold his office for one. year, one for two years, and one for three years, to be determined by lot; and every year thereafter one such officer shall be elected in each of said counties for the term of three years. § 7. The county affairs of Cook county shall be managed by a board of commissioners of fifteen persons, ten of whom shall be elected from the city of Chicago, and five from towns outside of said city, in such manner as may be provided by law. County officers and their compensation. — ^ 8. In each county there shall be elected the following county officers: At the general election to be held on the Tuesday after the first Monday in November, A. D. 1882, a county judge, county clerk, sheriff and treasurer, and at the election to be held on the Tuesday after the first Monday in November, A. D. 1884, a coroner and clerk of the circuit court (who may be ex-officio recorder of deeds, except in counties having 60,000 and more inhabitants, in which counties a recorder of deeds shall be elected at the general election in 1884.) Each of said officers shall enter upon the duties of his office, respectively, on the first Monday of December after his election ; and they shall hold their respective offices for the term of four years, and until their successors are elected and qualified: Provided, that no person having once been elected to the office of sheriff’ or treasurer shall be eligible to re-election to said office for four years after the expiration of the term for which he shall have been elected. [As amended by vote of the people November 2, 1880. § 9. The clerks of all the courts of record, the treasurer, sheriff, coroner and recorder of deeds of Cook county, shall receive as their only compensa- tion for their services, salaries to be fixed by law, which shall, in no case, be as much as the lawful compensation of a judge of the circuit court of said county, and shall be paid, respectively, only out of the fees of the office actually collected. All fees, perquisites and emoluments (above the amount of said salaries) shall be paid into the county treasury. The number of the deputies and assistants of such officers shall be determined by rule of the cir- cuit court, to be entered of record, and their compensation shall be determined by the county board. § 10. The county board, except as provided in section 9 of this article, shall fix the compensation of all county officers, with the amount of their necessary clerk hire, stationery, fuel, and other expenses, and in all cases where fees are provided for, said compensation shall be paid only out of, and shall in no instance exceed, the fees actually collected; they shall not allow either of them more per annum than $1,500, in counties not exceeding 20,000 inhabitants; $2,000 in counties containing 20,000 and not exceeding 30,000 inhabitants; $2,500 in counties containing 30,000 and not exceeding 50,000 inhabitants; $3,000 in counties containing 50,000 and not exceeding 70.000 inhabitants; $3,500 in counties containing. 70,000 and not exceeding 100.000 inhabitants ; and $4,000 in counties containing over 100,000 and 442 CONSTITUTION OF THE not exceeding 250,000 inhabitants; and not more than $1,000 additional com- pensation for each additional 100,000 inhabitants: Provided, that tiie com- pensation of no officer shall be increased or diminished during his term of office. All fees or allowances by them received, in excess of their said com- pensation, shall be paid into the county treasury. § 11. The fees of township officers, and of each class of county officers, shall be uniform in the class of counties to which they respectively belong. The compensation herein provided for shall apply only to officers hereafter elec- ted, but all fees establislied by special laws shall cease at the adoption of this constitution, and such officers shall receive only such fees as are provided by general law. § 12. All laws fixing the fees of State, county and township officers shall terminate with the terms, respectively, of those who may be in office at the meeting of the first general assembly after the adoption of this constitution ; and the general assembly shall, by general law, uniform in its operation, provide for and regulate the fees of said officers and their successors, so as to reduce the snme to a reasonable compensation, for services actually rendered. But the general assembly may, by general law, classify the counties by popu- lation into not more than three classes, and regulate the fees according to class. This article shall not be construed as depriving the general assembly of the power to reduce the fees of existing officers. § 13. Every person who is elected or appointed to any office in this State, who shall be paid in whole or in part by fees, shall be required by law to make a semi-annual report, under oath, to some officer to be designated by law, of all his fees and emoluments. ARTICLE XI. CORPORATIONS. Section 1. No corporation shall be created by special laws, or its charter extended, changed, or amended, except those for charitable, educational, penal or reformatory purposes, which are to be and remain under the patronage and control of the State, but the general assembly shall provide, by general laws, for the organization of all corporations hereafter to be created. § 2. All existing charters or grants of special or exclusive privileges, under which organization shall not have taken place, or which shall not have been in operation within ten days from the time this constitution takes effect, shall thereafter have no validity or effect whatever. § 3. The general assembly shall provide, by law, that in all elections for directors or managers of incorporation companies, every stockholder shall have the right to vote, in person or by proxy, for the number of shares of stock owned by him, for as many persons as there are directors or managers to be elected, or to cumulate said shares, and give one candidate as many votes as the number of directors, multiplied by the number of his shares of stock, shall equal, or to distribute them on the same principle among as many can- didates as he shall think fit; and such directors or managers shall not be elected in any other manner. § 4. No law shall be passed by the general assembly, granting the right to construct and operate a street railroad within any city, town or incorpora- ted village, without requiring the consent of the local authorities having the control of the street or highway proposed to be occupied by such street rail- road. STATE OF ILLINOIS. 443 Banks. — § 5. No State bank sliall hei'eafterbe created, nor shall the State own or be liable for any stock in any corporation or joint stock company or association for banking purposes, now created or to be hereafter created. No act of the general assembly authorizing or creating corporations or associa- tions, with banking powers, whether of issue, deposit or discount, nor amend- ments thereto, shall go into effect or in any manner be in force, unless the same shall be submitted to a vote of the people at the general election next succeeding the passage of the same, and be approved by a majority of all the votes cast at such election for or against such law. § 6. Every stockholder in a banking corporation or institution shall be individually responsible and liable to its creditors, over and above the amount of stock by him or her held, to an amount equal to his or her respective shares so held, for all its liabilities accruing while he or she remains such stockhol- der. 7. The suspension of specie payments by banking institutions, on their circulation, created by the laws of this State, shall never be permitted or sanctioned. Every banking association now, or which may hereafter be, or- ganized under the laws of this State, shall make and publish a full and ac- curate quarterly statement of its affairs, (which shall be certified to, under oath, by one or more of its officers) as may be provided by law. § 8. If a general banking law shall be enacted, it shall provide for the registry and countersigning, by an officer of State, of all bills or paper credit, designed to circulate as money, and require security, to the full amount thereof, ‘to be deposited with the State Treasurer, in United Stales or. Illinois State stocks, to be rated at ten per cent, below their par value; and in case of a depreciation of said stocks to the amount of ten per cent, below par, the banker banks owning said stock shall be required to make up said deficiency, by depositing additional stocks. And said law shall also provide for the re- cording of the names of all stockholders in such corporations, the amount of stock held by each, the time of transfer thereof, and to whom such transfer is made. Railroads. — ^ 9. Every railroad corporation organized or doing business in this State, under the laws or authority thereof, shall have and maintain a public office or place in this State for the transaction of its business, where transfers of stock shall be made and in which shall be kept, for public inspec- tion, books, in which shall be recorded the amount of capital stock subscribed, and by whom; the names of the owners of its stock, and the amounts owned by them respectively; the amount of stock paid in, and by whom; the trans- fer of said stock; the amount of its assets and liabilities, and the names and place of residence of its officers. The directors of every railroad corporation shall, annually, make a report, under^oath, to the auditor of public accounts, or some officer to be designated by law, of all their acts and doings, which report shall include such matters relating to railroads as may be prescribed by law. And the general assembly shall pass laws enforcing, by suitable penalties, the provisions of this section. ^ 10. The rolling stock and all other movable property belonging to any railroad company or corporation in this State, shall be considered personal property, and shall be liable to execution and sale in the same manner as the personal property of individuals, and the general assembly shall pass no law exempting any such property from execution and sale. ^ 11. No railroad corporation shall consolidate its stock, property or fran- chises with any other railroad corporation owning a parallel or competing line; and in no case shall any consolidation take place except upon public notice given of at least sixty days, to all stockholders, in such manner as may 444 CONSTITUTION OF THE be provided by law. A majority of the directors of any railroad corporation now incorporated or hereafter to be incorporated by the laws of this State, shall be citizens and residents of this State. ^ 12. Railways heretofore constructed, or that may hereafter be con- structed in this State, are hereby declared public highways, and shall be free to all persons, for the transportation of their persons and property thereon, under such regulations as may be prescribed by law. And the general as- sembly shall, from time to time, pass laws establishing reasonable maximum rates of charges for the transportation of passengers and freiglit on the differ- ent railroads in this State. § 13. No railroad corporation shall issue any stock or bonds, except for money, labor or property, actually received and applied to the purposes for which such corporation was created; and all stock dividends, and other ficti- tious increase of the capital stock or indebtedness of any such corporation, shall be void. The capital stock of no railroad corporation shall be increased for any purpose, except upon giving sixty days’ public notice, in such manner as may be provided by law. § 14. The exercise of the power,’and the right of eminent domain shall never be so construed or abridged as to prevent the taking, by the general assembly, of the property and franchises of incorporated companies already organized, and subjecting them to the public necessity the same as individuals.. The right of trial by jury shall be held inviolate in all trials of claims for compensation, when in the exercise of the said right of eminent domain, any incorporated company shall be interested either for or against the exercise of said right. g 15. The general assembl}' shall pass laws to correct abuses and prevent unjust discrimination and extortion in the rates of freight and passenger tariff's on the different railroads in this State, and enforce such laws, by ade- quate penalties, to the extent, if necessary for that purpose, of forfeiture of their property and franchises. ARTICLE XII. MILITIA. Section 1. The militia of the State of Illinois shall consist of all .able- bodied male persons, residents in the State, between the ages of eighteen and forty-five, except such persons as now are, or hereafter may be, exempted by the laws of the United States or of this State. § 2. The general assembly, in providing for the organization, .equipment and discipline of the militia, shall conform as nearly as practicable to the regulations for the government of the armies of the United States. § 3. All militia officers shall be commissioned by the governor, and may hold their commissions for such time as the general assembiy may provide. ^ 4. The militia shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest during their attendance at musters and elec- tions, and in going to and returning from the same. ^ 5. The military records, banners and relics of the State shall be pre- served as an enduring memorial of the patriotism and valor of Illinois, and it shall be the duty of the general assembly to provide by law for the safe keeping of the same. STATE OF ILLINOIS. 445 ^ 6. No person having conscientious scruples against bearing arms shall be compelled to do militia duty in time of peace; Provided, such person shall pay Mil equivalent for such exemption. ARTICLE XIII. WAREHOUSES. Section I. All elevators or storehouses where grain or other property is stored for a compensation, whether the property stored be kept separate or not, are declared to be public warehouses. g 2. The owner, lessee or manager of each and every public warehouse situated in any town or city of not less than 100,000 inhabitants, shall make weekly statements, under oath, before some officer to be designated by law, and keep the same posted in some conspicuous place in the office of such warehouse, and shall also file a copy for public examination, in such place as shall be designated by law, which statement shall correctly set forth the amount and grade of each and every kind of grain in such warehouse, together with such other property as may be stored therein, and what ware- house receipts have been issued, and are, at the time of making such state- ment, outstanding therefor; and shall, on the copy posted in the warehouse, note daily such changes as maybe made in the quantity and grade of grain in such warehouse; and the different grades of grain, shipped in separate lots, shall not be mixed with inferior or superior grades, without the consent of the owner or consignee thereof. • § 3. The owners of property stored in any warehouse, or holder of a receipt for the same, shall always be at liberty to examine such property stored, and all the books and records of the warehouse in regard to such property. g 4. All railroad companies, and other common carriers on railroads, shall weigh or measure grain at points where it is shipped, and receipt for the full amount, and shall be responsible for the delivery of such amount to the owner or consignee thereof, at the place of destination. ^ 5. All railroad companies receiving and transporting grain, in bulk or otherwise, shall deliver the same to any consignee thereof, or any elevator or public warehouse, to which it may be consigned, provided such consignee or the elevator or public warehouse can be reached by any track owned, leased or used, or which can be used, by such railroad companies ; and all railroad companies shall permit connections to be made with their track, so that any such consignee, and any public warehouse, coal bank or coal yard, may be reached by the cars on said railroad. ^ 6. It shall be the duty of the general assembly to pass all necessary laws to prevent the issue of false and fraudulent warehouse receipts, and to give full effect to this article of the constitution, which shall be liberally construed so as to protect producers and shippers. And the enumeration of the reme- dies herein named shall not be construed to deny to the general assembly the power to prescribe by law such other and further remedies as may be found expedient, or to deprive any person of existing common law remedies. g 7. The general assembly shall pass laws for the inspection of grain, for the protection of producers, shippers and receivers of grain and produce. 446 CONSTITUTION OF THE ARTICLE XIV, AMENDMENTS TO THE CONSTITUTION. Section 1. Whenever two-thirds of the members of each house of the general assembly shall, by a vote entered upon the journals thereof, concur that a convention is necesSai-y to revise, alter or amend the constitution, the question shall be submitted to the electors at the next general election. If a majority voting at the election vote for a convention, the general assembly shall, at the next session, provide for a convention, to consist of double the number of members of the senate, to be elected in the same manner, at the same places, and in the same districts. The general assembly shall, in the act calling the convention, designate the day. hour and place of its meet- ing, fix the pay of its members and officers, and provide for the payment of the same, together with the expenses necessarily incurred by the convention in the performance of its duties. Before proceeding, the members shall take an oath to support, the Constitution of the United States, and of the State of Illinois, and to faithfully discharge their duties as members of the convention. The qualification of members shall be the same as that of members of the senate, and vacancies occurring shall be filled in the same mtinner provided for filling vacancies in the general assembly. Said convention shall meet within three months after such election, and prepare such revision, alteration or amendments of the constitution as shall be deemed necessary, which shall be submitted to the electors for their ratification or rejection, at an election appointed by the convention for that purpose, not less than two nor moVe than six months after the adjournment thereof; and unless so submitted and ap- proved by a majority of the electors voting at such election, no such revision, alterations or amendments shall take effect. g 2. Amendments to this constitution may be proposed in either house of the general assembly, and if the same shall be voted for by two-thirds of all the members elected to each of the two houses, such proposed amendments, together with the yeas and nays of each house thereon, shall be entered in full on their respective journals, and said amendments shall be submitted to the electors of this State for adoption or rejection, at the next election of members of the general assembly, in such manner as may be prescribed by law. The proposed amendments shall be published in full at least three months preced- ing the election, and if a majority of the electors voting at said election shall vote for the proposed amendments, they shall become a part of this constitu- tion. But the general assembly shall have no power to propose amendments to more than one article of this constitution at the same session, nor to the same article oftener than once in four years. SEPARATE SECTIONS. Illinois central railroad. — No contract, obligation or liability what- ever, of the Illinois Central Railroad Company, to pay any money into the State treasury, nor any lien of. the State upon, or right to tax property of said company, in accordance with the provisions of the charter of said company, approved February 10. in the year of our Lord 1851, shall ever be released, suspended, modified, altered, remitted, or in any manner diminished or im- paired by legislative or other authority ; and all moneys derived from said company, after the payment of the State debt, shall be appropriated and set apart for the payment of the ordinary expenses of the State government, and for no other purposes whatever. STATE OF ILLINOIS. 4-_7 Municipal subscriptions to railroads or private corporations. — No county, city, town, township, oi’ other municipality, shall ever become sub- scriber to the capital stock of' any railroad or private corporation, or make donation to, or loan its credit in aid of, such corporation : Provided, hoiv.ever, that the adoption of this article shall not be construed as aifecting the right of any such municipality to make such subscriptions where the same have been authorized, under existing laws, by a vote of the people of such muni- cipalities prior to such adoption. Canal. — The Illinois and Michigan Canal shall never be sold or leased until the specific proposition for the sale or lease thereof shall first have been submitted to a vote of the people of the State, at a general election, and have been approved by a majority of all the votes polled at such election. The general assembly shall never loan the credit of the State, or make appropria- tions from the treasury thereof, in aid of railroads or canals; Provided, that any surplus earnings of any canal may be appropriated for its enlargement or extension. SCHEDULE. That no inconvenience may arise from the alterations and amend\iients made in the constitution of this State, and to carry the same into complete effect, it is hereby ordained and declared: § 1. That all laws in force at the adoption of this constitution, not incon- sistent therewith, and all rights, actions, prosecutions, claims and contracts of this State, individuals, or bodies corporate, shall continue to be as valid as if this constitution had not been adopted. § 2. That all fines, taxes, penalties and forfeitures, due and owing to the State of Illinois under the present constitution and laws, shall inure to the use of the people of the State of Illinois, under this constitution. § 3. Recognizances, bonds, obligations, and all otlier instruments entered into or executed before the adoption of this constitution, to the people of the State of Illinois, to any State or county officer or public body, shall remain binding and valid; and rights and liabilities upon the same shall continue, and all crimes and misdemeanors shall be tried and punished as though no change had been made in the constitution of this State. g 4. County courts for the transaction of county business in counties not having adopted township organization, shall continue in existence, and exer- cise theit present jurisdiction until the board of county commissioners pro- vided in this constitution, is organized in pursuance of an net of the general assembly; and the county courts in all otlier counties shall Inive the same power and jurisdiction they now possess until otherwise provided by general law. § 5. All existing courts which are not in this constitution specifically enumerated, shall continue inexistence and exercise their present jurisdic- tion until otherwise provided by law. § 6. All persons now filling any office or appointment shall continue in the exercise of the duties thereof, according to their respective commissions or appointments, unless by this constitution it is otherwise directed. § 7. On the day this constitution is submitted to the people for ratifica- tion, an election shall be held for judges of the supreme court in the second, third, sixth and seventh judicial election districts, designated in this consti- tution, and for the election of three judges of the circuit court in the county 448 CONSTITUTION OF THE of Cook, as provided for in the article of this constitution relating to the judi- ciary, at which election, every person entitled to vote according to the terms of this constitution, shall be allowed to vote, and the eleciion shall be other- wise conducted, returns made and certificates issued, in accordance with existing laws, except that no registry shall be required at said election: Pro- vided^ that at said election in the county of Cook, no elector shall vote for more than two candidates for circuit judge. If, upon canvassing the votes for and against the adoption of this constitution, it shall appear that there has been polled a greater number of votes against than for it, then no certificates of election shall be issued for any of said supreme or circuit judges. ^ 8. This constitution shall be submitted to the people of the State of Illi- nois, for adoption or rejection, at an election to be held on the first Saturday in July, in the year of our Lord 1870, and there shall be separately submitted at the same time, for adoption or rejection, sections 9, 10, 11, 12, 13, 14 and 15, relating to railroads, in the article entitled corporations; the article en- titled counties ; the article entitled warehouses; the question of requiring a three-fifths vote to remove a county seat; the section relating to the Illinois Central railroad; the section in relation to minority representation; the sec- tion relating to municipal subscriptions to railroads or private corporations; and the section relating to the canal. Every person entitled to vote under the provisions of this constitution, as defined in the article in relation to “Suffrage,” shall be entitled to vote for the adoption or rejection of this constitution, and for or against the articles, sections and question aforesaid, separately submitted; and the said qualified electors shall vote at the usual places of voting, unless otherwise provided; •and the said election shall be conducted, and returns thereof made according to the laws now in force regulating general elections, except that no registry shall be required at said election; Prov/rfet/, that the polls shall he kept open for the reception of ballots until sunset of said day of election. g 9. The secretary of State shall, at least twenty days before said election, cause to be delivered to the county clerk of each county, blank poll-books, tally-lists and forms of return, and twice the number of properly prepared printed ballots for the said election that there are voters in such county, the expense whereof shall be audited and paid as other public printing ordered by the secretary of State is, by law, required to be audited and paid; and the several county elerks shall, at least five days before said election, cause to be distributed to the board of election, in each election district in their respective counties, said blank poll-books, tally-lists, forms of return, and tickets. g 10. At the said election the ballots shall be in the following form: New Constitution Ticket. For all the propositions on tliis ticket winch are not can- celed with ink or pencil; “Suffrage,” shall be entitled to vote for the adoption or and against all propositions which are so canceled. For the new consti- tution. For the sections relating to railroads in the article entitled corppra- tions. For the article entitled counties. For the article entitled warehouses. For a three-fifths vote to remove county seats. For the section relating to the Illinois Central Railroad. For the section relating to minority representa- tion. For the section relating to municipal subscriptions to railroads or private corporations. For the section relating to the canal. Each of said tickets shall be counted as a vote cast for each proposition thereon not can- celed with ink or pencil, and against each proposition so canceled, and returns thereof shall be made accordingly by the judge of election. g 11. The returns of the whole vote cast, and of the votes for the adoption or rejection of this constitution, and for or against the articles and sections respectively submitted, shall be made by the several county clerks, as is now STATE OF ILLINOIS. 449 provided by law, to the secretary of State, within twenty days after the election; and the returns of the said votes shall, within five days thereafter, be examined and canvassed by the auditor, treasurer and secretary of State, or any two of them, in the presence of the governor, and proclamation shall be made by the governor, forthwith, of the result of the canvass. ^ 12. If it shall appear that a majority of the votes polled are “for the new constitution,” then so much of this constitution as was not separately sub- mitted to be voted on by articles and sections, shall be the supreme law of the State of Illinois, on and after Monday, the 8th day of August, A.D. 1870; but if it. shall appear that a majority of the votes polled were “against the new constitution,” then so much thereof as was not separately submitted to be voted on by articles and sections, shall be null and void. If it shall appear that a majority of the votes polled, are “for the sections relating to railioads in the article entitled ‘Corporations’; ” 9, 10, 11, 12, 13, 14 and 15, relating to railroads in the said article, shall be a part of the constitution of this State; but if a majority of said votes are against such sections, they shall be null and void. If a majority of the votes polled are “for the article entitled ‘Coun- ties’, ” such article shall|be a part of the Constitution of^this State, and shall be substituted for ArticleVII, in the present constitution, entitled “Counties;” but if a majority of said votes are against such article, the same shall be null and void. If a majority of the votes polled are for the article entitled “Warehouses,” such article shall be a part of the constitution of this State, but if a majority of the votes are against said article, the same shall be null and void. If a majority of the votes polled are for either of the sections sepa- rately submitted, relating, respectively, to the “Illinois Central railroad,” “Minority representation,” ‘-Municipal subscriptions to railroads or private corporations,” and the “Canal,” then such of said sections as shall receive such majority shall be a part of the constitution of the State; but each of said sections so separately submitted against which, respectively, there shall be a majority of the votes polled, shall be null and void: Provided, that the section relating to “Minority representation” shall not be declared adopted unless the portion of the constitution not separately submitted to be voted on by articles and sections shall be adopted, and in case said section relating to ^•Minority representation” shall become a portion of the constitution, it shall be substituted for 7 and 8 of the legislative article. If a majority of the votes cast at such election shall be for a three-fifths vote to remove a county seat, then the words “a majority” shall be stricken out of § 4 of the article on counties, and the words “three-fifths” shall be inserted in lieu thereof; and the following words shall be added to said section, to-wit: “But when an attempt is made to remove a county seat to a point nearer to the centre of the county, then a majority vote only shall be necessary.” If the foregoing propo- sition shall not receive a majority of the votes, as aforesaid, then the same shall have no effect whatever. ^13. Immediately after the adoption of this constitution, the governor and secretary of State shall proceed to ascertain and fix the apportionment of the State for members of the first house of representatives under this constitution. The apportionment shall be based ^pon the federal census of the year of our Lord 1870, of the State of Illinois,' and shall be made strictly in accordance with the rules and principles announced in the article on the legislative department of this constitution: Provided, that in case the federal census aforesaid cannot be ascertained prior to Friday, the 23d day of September, in the year of our Lord 1870, then the said apportionment shall be based on the State census of the year of our Lord 1865, in accordance with the2rules and principles aforesaid. The governor shall, on or before Wednesday, the 28th day of September, in the year of our Lord 1870, make official announcement of the said apportionment, under the great seal of the State; and one hundred copies thereof, duly certified, shall be forthwith transmitted by the secretary of State to each county clerk, for distribution. —29 450 CONSTITUTION OF THE § 14. The districts shall be regularly numbered, by the secretary of Stated- commencing with Alexander county as number one, and proceeding then northwardly through the State, and terminating with the county of Cook; but no county shall be numbered as more than one district, except the county of Cook, which shall constitute three districts, each embracing the territory con- tained in the now existing representative districts of said county. And on the Tuesday after the first Monday in November, in the year of our Lord 1870, the members of the first house of representatives under this constitution shall be elected according to the apportionment fixed and announced as afore- said, and shall hold their offices for two years, and until their successors shall be elected and qualified. ^ 15. The senate, at- its first session under this constitution, shall consist of fifty members, to be chosen as follows: At the general election held on the first Tuesday after the first Monday of November, in the year of our Lord 1870, two senators shall be elected in districts where the term of senators ex- pire on the first Monday of January, in the year of our Lord 1871, or Avhere there shall be a vacancy; and in the remaining districts, one senator shall be elected. Senators so elected shall hold tlieir office two yeai-s. § 16. The general assembly, at its first session lield after the adoption of this constitution, shall proceed to apportion the State for members of the senate and house of representatives, in accordance with the provision of the article on the legislative department. § 17. When this constitution shall be ratified by the people, the governor shall forthwith, after having ascertained the fact, issue writs of election to the sheriffs of the several counties of this State, or, in case of vacancies, to the coroners, for the election of all the officers, the time of whose election is fixed by this constitution or schedule; and it shall be the duty of said sheriff's or coroners to give such notice of the time and place of said election as is now prescribed by law. § 18. All laws of the State of Illinois, and all official writings-, and the executive, legislative and judicial proceedings, shall be conducted, preserved and published in no other than the English language. ^ 19. The general assembly shall pass all laws necessary to carry into effect the provisions of this constitution. § 20. The circuit clerks of the different counties having a population over 60,000, shall continue to be recorders (ex officio) for their^respecti ve counties, under this constitution, until the expiration of their respective terms. g 21. The judges of all courts of record in Cook county shall, in lieu of any salary provided for in this constitution, receive the compensation now provided by law until the adjournment of the first session of the general assembly after the adoption of this constitution. ^ 22. The present judge of the circuit court of Cook county shall continue to hold the circuit court of Lake county, until otherwise provided by law. 23. When this constitution shall be adopted, and take effect as the supreme law of the State of Illinois, the two-mill tax provided to be annually assessed and collected upon each dollar’s worth of taxable property, in ad- dition to all other taxes, as set forth in article XV of the now existing consti- tution, shall cease to be assessed after the year of our Lord 1870. § 24. Nothing contained in this constitution shall be so construed as to deprive the general assembly of power to authorize the city of Quincy to create any indebtedness for railroad or municipal purposes for which the STATE OF ILLINOIS. 451 people of said city shall have voted, and to which they shall have given, by such vote, their assent, prior to the 13th day of December, in the year of our Lord 1869: Provided, that no such indebtedness, so created, shall, in any part thereof, be paid by the State, or from any State revenue tax or fund, but the same shall be paid, if at all, by the said city of Quincy alone, and by taxes to be levied upon the taxable property thereof: And provided, further, that the general assembly shall have no power in the premises that it could not exercise under the present constitution of this State. g 25. In case this constitution, and the articles and sections submitted separately, be adopted, the existing constitution shall cease in all its pro- visions; and in case this constitution be adopted, and any one or more of the articles or sections submitted separately be defeated, the''provisions of the existing constitution, if any, on the same subject shall remain in force. g 26. The provisions of this constitution required to be executed prior to the adoption or rejection thereof, shall take effect and be in force immediately. Done in convention at the capitol, in the city of Springfield, on the 13th day of May, in the year of our Lord one thousand eight hundred and seventy, and of the Independence of the United States of America, the ninety-fourth. Note.— T he signatures of the members of the constitutional convention which formed this constitution are omitted. 'GENERAL IN DEX. Accounts. A. Laws— Clerk to keep, of all papers, etc Treasurer to keep, of each separate fund Comptroller to keep, of outstanding bonds Collector to keep, as prescribed by council In case of dispute, appeal to finance committee Of school fund, to be kept separate To be kept by water commissioners Ordinances— Comptroller shall revise and audit How kept by treasurer Collector to keep Finance committee to prescribe mode of keeping City engineer to keep, of materials, etc City superintendent of streets to keep, lof implements Of his expenditures *. City weigher to keep, of each load weighed Clerk and treasurer to keep, of cemetery Superintendent of police to keep, of animals sold Of fees by him collected Manner of certifying accounts Acknowledgments. Laws— Official bonds Ordinances— Of bonds of city officers Actions. Laws— To recover fines and penalties, how brought Summons, affidavit, punishment Form of process, arrest, imprisonment, etc Ordinances— For vioiating ordinances, where brought When against incorporated company, summons Amendments allowed in prosecutions When not affected by repealing ordinance Additions. Laws— Maps and plats, approval of Ordinances— To be approved by city council Advertisements. Laws— Power of council to regulate posting^of Power to regulate carrying of For bids for public improvements Section. 82 94 107 101 109 358 388 34 56 66 68 77 93 94' 247 288 314 368 721 227 545 67 69 197 160 162 164 568 174 723 [17] [18] 63 63 165 Page 48 51 55 53 55 142 151 163 168 171 171 173 176 176 210 221 228 239 339 93 286 44 44 80 190 190 191 292 74 340 36 36 71 454 GENERAL INDEX, Adveetisements— Continued Ordinances— Section. Page For work to be done by special assessment 101 178 Ke-advertisement 104 179 Posting of, on property without consent of owner, penalty 793 357 Affeays. Laws— Power to prevent and suppress [721 63 41 Ordinances— Penalty for being guilty of 470 270 Aldeemen. Laws— May be elected on general ticket « 7 24 At first election, to be classified 53 31 Number of 31 28 Term of office 32 28 Vacancy in office of, how filled 33 28 Qualifications of aldermen 34 28 Not to be interested in city contracts 34 28 Not eligible to other office under city government 34 28 Ineligible if convicted of malfeasance, or in arrears for tax.. . 34 28 Office of vacated when convicted of bribery 36 29 May be expelled only once for same offense 36 29 Any two may defer committee report 44 29 May call special meetings of city council 46 30 Aldermen under minority plan 55 32 Conservators of the peace, powers of 84 48 Compensation of authorized, limitation 86 . 49 Unlawful to accept office by appointment of mayor 264 107 Penalty for being interested in contracts, or for bribery 265,266 108 Ordinances— Meetings of council attended by, reported by clerk 20 161 Authority of at fires 200 200 May make arrests at 213 202 Contesting election of 347 235 Compensation of fixed 359 237 Alleys— (See streets and alleys). Laws— Power of council over [71 63 35 Alton and Sangamon Raileoad Co. Ordinance granting right of way on Third street 831,832 372 Amusements. Laws— Power of council to license, tax, etc [411 63 35 Power to regulate places of [481 63 39 Power to prevent and regulate certain [921 63 42 Ordinances— License fees required for, exceptions [291 424 257 Penalty for disturbing the peace at 477 271 Keeping open place of on Sunday, prohibited 520 279 Penalty for giving exhibition without license 724 340 Unlawful to give concert, etc., in saloon without permit 725 340 Good order to be preserved at place of 726 340 License fee for exhibiting lung tester, etc 727 340 Animals, Domestic. Laws— Power to regulate speed of [211 63 36 Power to punish cruelty to [73J 63 41 Power to prohibit running at large [801 63 41 GENERAL INDEX. 455 Animals, Domestic— C ontinued. Ordinances— Section. Page Unlawful to run at large, penalty for 300 225 Duty of the police to take up and impound 301 225 Any person injured, etc., may take up 302 225 Supt. of police may appoint deputy to act as pound-keeper, liability 303 225 Shall provide food and drink for impounded animals 304 220 Duty of pound-keeper when owner fails to appear, etc 305 226 Proceedings against unknown owner 306 226 Notice, posting, docket entry, etc 306,307,308 227 Defendant may have trial by jury 309 227 Order for sale, form of 310 227 Notice of sale, form of notice 311 227 Manner of selling impounded animals 312 228 Supt. of police may adjourn sale, etc 313 228 Shall keep account of animals impounded and sold 314 228 Owner entitled to surplus proceeds, how 315 228 Penalty for breaking open pound, etc...-. 316 228 Penalty for taking from inclosed lot or pen 317 229 When officer may take up horse or team on street without driver 318 229 Penalty for beating animal, or over-loading team 328 231 Penalty for failing to provide sustenance for 329 231 Mischievous animal not to go at large, penalty 330 231 Dead, to be removed outside city limits within 24 hours 331 231 Indecent exhibition of, penalty for 485 272 Keeping of, for fighting or baiting, penalty 488 273 Past riding or driving of, how punished 500 275 Penalty for leaving unfastened on street, etc 500 275 Frightening horses or teams on streets 504 276 Kot to be fastened to lamp post 513 278 Not to be fastened to fence or shade tree, without consent of owner 515 278 Obstructing sidewalks by 623 307 Not to be led or driven over sidewalk 626 307 Teams not to be unhitched or left standing before or beside private houses, etc 641 312 Shall not be fed or left standing on paved streets, exceptions. 642 312 Obstruction of street or alley crossings by teams, etc 643 312 Excavation in street not to be left open so as to endanger, etc. 630 310 Unlawful to pollute Sangamon river by putting in or driving across near pumping- works building 691 327 Annexation of Teekitoky. Laws— Petition to be annexed, annexing 200 81 Annexing one corporation to another 201 82 Proceedings by corporation to annex territory 202 82 Notice of proceedings 203 83 Objections to annexation, trial 204 83 Finding, costs, etc 205 84 Proceedings by owners to be annexed 206 84 Ordinance for annexation to be recorded 208 84 Judicial notice of 210 85 Disconnecting territory 211 85 Appeals. Laws — From judgment in special assessment does not invalidate or delay the same, except, etc 119 67 City not required to furnish appeal bond 178 75 Ordinances— City attorney authorized to take in certain cases 119 182 When authorized by mayor and comptroller or council 119 182 Appointments. Laws — Of person to revise ordinances Mayor to make of officers, etc.. Of aldermen to office void 29 2 75 46 264 107 456 GENERAL INDEX Applications. Ordinances — Section. Page For building permit, how made 388 245 For gunnowder permit, how made 414 253 For licenses, how made 427 258 For pharmacist’s permit... 465 268 Appkopeiations. Laws— Yea and nay vote to be taken upon 42 29 Mayor may veto items of 47 30 Ordinance making, to be published,,... 65 43 When to be made 90 50 Additional, to be first sanctioned by a majority of the legal voters 90 50 Limitation of expenditures 91 50 Salaries may be fixed in, etc 261 106 Ordinances— Unexpended to be transferred to general fund 40 165 To be made within first quarter of fiscal year 718 338 When exhausted, comptroller to notify council 719 339 Areests. Laws— Constable or sheriff may make 71 45 Power of certain officers to make .• 84 48 Ordinances— When police officers shall arrest, with or without process 146 187 Officer may call upon male persons to aid him 149 188 No process necessary when person is legally arrested with- out 163 190 Person arrested may be released on bail 167 f 191 Of offenders at any fire 213 202 Power of sexton of Oak Ridge Cemetery to make arrests . 292 222 When saloon-keeper authorized to make 452 265 Railroad employes authorized to make, when 505 276 Article IX of Gener.\.l Incorporation Act. Ordinance adopting 816 365 Ashes. Laws— Power to regulate the deposit of [151 63 35 Power to prevent deposit in unsafe places [631 63 40 Ordinances — To be deposited in metallic vessels, etc 385 245 Penalty for throwing in street or alley 648 313 May be removed by scavenger 776 353 Assault and Battery. Ordinances— Penalty for committing 470 270 Assessment and Collection of Taxes— (S ee Taxes. ) Assessments for Improvements— (S ee Special Assessments.) Assessments by Water Commissioners. Laws— For use of water, lien 370 145 Of buildings adjoining streets, etc 371 145 Of buildings in vicinity of public hydran:s 372 145 Collection of water rents, warrants for 373 146 Unsatisfied warrants reported to council 374 146 May be collected same as sidewalk assessments 374 147 (See, also, Water-Works.) GENERAL INDEX. 457 Attorney, of City. Laws— Section. Election of, biennially 50 To be elected 73 Ordinances — Bond of 113 To prosecute and defend suits for city 114 Advise council or any city officer 115 Draw ordinances, bonds and contracts 115 Cause executions to issue on judgments 116 Examine fee bills, and certify to their correctness 116 Conduct proceedings in justices’ courts, etc 117 Not required to prosecute suit instituted maliciously 118 May take appeals to county or circuit courts 119 No appeal to higher court without authority, etc 119 Annual report of 120 Keep a record of all written opinions furnished, and also a register of all suits in courts 121 May employ an assistant, at his own expense 122 Where office to be kept 123 Draw, or approve form of contract for public works 106 To be furnished with list of witnesses in police cases 170 Advise health inspector concerning his duties 242 Auctioneers. Laws— Power to license and regulate [911 63 Ordinances— Amount of license fee required of 424 Penalty for selling, etc,, without license 728 How license for obtained, bond required of 729 No sales at place other than authorized by license, without permit from mayor . : 730 Not to obstruct street dr sidewalk, penalty for 731 Penalty for substituting articles, or making false representa- tions 732 Avenues. Laws— Grand Avenue, opening of 344 Awnings. Laws— Power to regulate [171 63 Ordinances— Construction of in fire limits, how regulated 733 Penalty for unlawful construction of 733 "Wooden awning in fire limits not to be improved or enlarged, exception 734 Decayed or insecure declared a nuisance, etc 734 How may be constructed without fire limits 735 Penalty for violating provisions of section 736 Council may direct removal of dangerous awning 736 Page 30 45 181 181 181 181 181 181 181 182 182 182 182 182 183 183 179 192 209 42 255 341 341 341 341 341 138 36 342 342 342 342 343 343 343 Badges. Ordinances— Of policemen Of firemen Of hackmen and omnibus drivers Of porters and runners Bail. Ordinances— May be given by offender arrested, condition of Suit on bond in case defendant fails to appear .. 155-6 189 207 201 661 317 773 353 167 191 168 191 458 GENERAL INDEX. Ball Alleys. Laios— Section. Page Power to license, regulate, etc [441 63 38 Ordinances— License required for 424 255 Not to be opened on Sunday, penalty 520 279 Penalty for keeping of without license 737 344 Keeper of not to violate liquor ordinance 738 344 Ball Playing. Laws— Power to prevent and regulate [92] 63 42 Ordinances — Penalty for playing in parts of city devoted to business 503 276 Ballots— (See Elections). Laws— Form of ballot for organization under general law 3 22 Form of on question of issuing city bonds r 218 89 Bannees. Laws— Power to regulate the carrying of [181 63 36 Power to regulate flying of [191 63 36 C. dinances— Not to extend over sidewalk more than three feet 621 306 Bakbed Wike Fence. Ordinances— Use of prohibited on fence or railing 765 351 No fence to be built of on line of street, etc 766 351 Penalty for building, etc., contrary to ordinance 766 351 Bawdy Houses— (See Houses of Ill-Fame). Beggaes— (See Mendicants). Bids— (See Public Works). Billiaed Tables. Laws— Power to license, regulate or prohibit [441 63 38 Ordinances— License fee fixed for 424 256 Penalty for keeping of without license 737 344 Keeper of billiard room not to keep or sell liquor contrary to ordinance 738 344 Bill Posting. Laws— Power to regulate [171 63 36 Ordinances— Prohibited on building or wall without consent of owner. penalty 511 278 Posting of bills on property regulated 793 357 Bieths and Deaths. Registration of (See State Board of Health, chap. 126, R. S. 111). Boaed of Education. Laws— General powers of Consist of nine members Council to elect, qualification Term of oltice, vacancies in, how fllied. To report to councii money required. .. 354 140 355 141 355 141 356 141 357 141 GENERAL INDEX. 459 Board of Education— Continued. Section. Page Council to levy tax, etc 358 141 Funds of. how drawn 359 142 Organization after annual election 360 142 Prior acts repealed 361 142 (See, also, Schools.) Board of' Health— (See Health Department). Board of Water Commissioners— (See Wat^r- Works). Boilers. Laws— Power to regulate [631 63 40 To provide for the inspection of [671 63 40 Ordinances— Steam from not to be conveyed through sewer 600 300 Bonds. Laws— Power of council to issue, etc [51 63 34 To be given by all municipal officers 76 46 Penal sum, and how approved 76 46 Record of to be kept by comptroller 107 55 New city bonds may be issued in place of old 216 86 Rate of interest in certain cases, form of, etc 216 87 To be authorized by vote, etc 216 88 Valuation of taxable property to be indorsed on bond 217 88 Election upon question of issuing— notice 218 88 Registration of, fee for 219 89 Auditor to certify rate of tax required on 220 90 State custodian of tax collected on, payment of 221 91 How money disbursed 222 92 When registered bonds mature and are not paid 223 92 Entry of payment 224 92 Fees for collecting, etc., collector’s bond 225 92 By whom bonds to be executed 226 93 Official bonds, when new may be required, etc 227 93 Release of sureties on 228 94 Effect of new office bond 229 94 Suit on bond, etc 231 95 Of dram-shop keeper, how taken 233 96 Of water commissioners 393 152 Ordinances— Of mayor 1 157 Of city clerk 15 160 Of city comptroller 30 163 Of city treasurer 49 167 Of city collector 61 169 Of city engineer 74 172 Of superintendent of streets 87 175 Of contractors for public work 104 178 Of city attorney 113 181 Of superintendent of police 127 184 Of sergeant of police 138 186 Of police patrolmen 142 187 Of watchmen 159 189 Of city prison-keeper 178 194 Of the fire marshal 198 200 Of members of the board of health 219 204 Of health inspector 238 208 Of city weigher 246 210 Of the inspector of weights and measures 258 213 Of members of the Oak Ridge board 281 219 Of the sexton of Oak Ridge Cemetery 291 222 To be executed by applicant for building permit 389 246 Of applicants for licenses 429 259 Of retailers of liquors 444 263 Of wholesale dealers in 462 267 Of pharmacists applying for permit 465 268 Of city officers 544 286 Indemnifying, to be given by contractor, when 635 311 Of keepers or drivers of hacks, et. al 659 316 Of draymen, expressmen, et al 669 319 460 GENERAL INDEX, Bonds, Ordinances— Continued. Section. Page Of water commissioners and superintendent 681 323 Of plumbers in connection with water- works 717 ?37 Of auctioneers 7LI 311 Of pawnbrokers 758 349 Of porters and runners 771 352 Of licensed scavengers 777 353 Of second-hand and junk-dealers 784 355 (See, also. Funding Bonded-Indebtedness.) Bone Factories. * Laws— Power to regulate [81] Ordinances — Establishment of in city declared a nuisance..." Consent of council required to establish within mile of cor- porate limits Bon-fires— (S ee Fires and Fireworks.) Laws— Power to regulate and prevent [651 Books. Ordinances— Obscene or indecent, not to be sold or exhibited Boundaries. I jaws— Of the city defined Ordinances— Of streets and alleys, city engineer to survey Plats of to be kept in engineer’s office Of Oak Kidge cemetery Of wards in city Boys. Ordinances— Heedlessly throwing stones by, prohibited Not to climb upon wagon or sleigh in motion Penalty for disturbing lawful assemblage, etc Playing about railroad track or.cars prohibited... Not to climb or jump upon cars Not to throw stones or missiles in public places, or deface or injure property, penalty Not to disturb peace of citizens on Sunday, etc Branches. Ordinances— Filling up, or changing of, prohibited, without consent of city .council City engineer to make survey of Ordinance respecting the town branch Bread. Laws— Power to regulate sale of [52] Breweries. Ljaws— Power to regulate and direct location of [821 Power to license [911 Ordinances — Penalty for carrying on without license Amount of license fee fixed for How license for obtained— bond of applicant Bribery. Laics- Conviction of, disqualifies alderman Penalty prescribed for 63 41 534 283 534 283 63 40 486 273 339-344 136-7 78 173 81 173 278 218 804-811 360 478 271 479 271 480 271 505 275 505 276 510 277 519 279- 603 301 6(»4 301 969 410 63 39 63 41 63 42 461 266 424 256 462 267 34 2S 80 47 GENERAL INDEX. 461 Bkick. Laws- Section. Power to regulate inspection of 1541 63 Beidges. Laws— Power to construct and keep in repair [281 Power to regulate passage of [381 Power to establish toll bridges, etc 18' 1 Ordinances— Council to determine location and manner of constructing bridges and culverts .. — - Railroad company to construct or repair, when Penalty for tearing up or negligently injuring Brokees and Money Changers. Laws— Power to license, etc [91] Ordinances— License fees fixed for [4, 51 Defined — Penalty for not being licensed, etc . . . , Real estate broker to procure license, 63 63 63 96 578 629 63 424 740 741 742 Page 39 37 37 -^2 177 2J5 309 42 255 344 344 345 Buildings. Laws — Power to prescribe mode of construction, etc [61, 621 63 39 Power to tear down when damaged [621 63 40 Power to provide for erection of public [861 63 42 Doors of public, to open outward 298 118 When may be closed 300 118 Ordinances— Erection of, within fire limits, regulated 376 242 How constructed within fire limits 377 243 Roofs, gutters and cornices of, fire-proof 378 243 Penalty for violating provisions 378 243 Erection or removal of wooden, in fire limits, prohibited— ex- ceptions 379 243 Wooden, in fire limits— when not to be repaired 380 244 Extent of damages to— how determined 380 244 Duty of fire marshal, when buildings erected or removed con- trary to ordinance 381 243 May, in such case, be torn down by order of mayor 381 243 Owners or occupants of, to provide vessels for ashes, etc 385 245 To be inspected by fire marshal 386 245 Permit required for erection of in fire limits 387 245 Manner of applying for building permit 388 245 Bond required of applicant 389 246 Penalty for erecting or altering without permit 390 246 Scuttles or openings in roofs not fire proof 391 246 Chimneys or flues in, how constructed 392 247 Stove-pipes and stoves in, how placed or set up 393 247 Combustibles in, to be cleared out 394 247 To be inspected throughout city 395 248 To be provided with fire escapes, when 396 248 Use of fire in. regulated 404 251 Doors of public shall open outward 507 276 Injuring or defacing, penalty for 508 277 When a nuisance, how abated 536,537 284 To be furnished with privy or water-closet 539 285 Steps or platform of not to extend upon sidewalk more than three feet 620 305 Not to extend or encroach upon street or alley 632 310 Not to be erected, etc., without obtaining line of street 633 310 Builder of not to encumber street without permit 634 310 Person constructing on line of street to give indemnifying bond to city ; 635 Encroaching upon street, etc., shall not be repaired 636 311 To be removed after written notice, etc 637 311 Not to be removed through street without permit 638 311 Assessed for water used in 683 324 Introduction of water into from water- works 712 333 Numbering of, how done 745 345 Posting advertisements or show-bills on 793 357 462 GENERAL INDEX, Bull. Ordinances— Section. Page Indecently exhibiting, penalty for 485 272 Burial of the Dead— (See Cemeteries and Interments). Ordinances — Unlawful to bury within city 269 216 Butchers— (See Meat Vendors). Butter. Laws— Power to regulate sale of [50] 63 39 Power to regulate inspection of [531 63 39 Ordinances— Penalty for selling adulterated 235 207 Officers authorized to take samples, and have the same ana- lyzed 235 207 Canvass. Laws— Of returns of election on city organization 3 Of returns of city elections 58 Returns of election on village organization 184 Of returns of town election, by whom made 241 Ordinances— Of returns of city elections, to be made by council 342 (See, also. Elections.) Capitol Avenue. Ordinance for naming 955 Capital Horse Railway. Ordinance granting right of way on Monroe street, etc 893 Capital Township. Laws— When and how organized Ordinances — City clerk ex officio clerk of, etc. 21 Election precincts of, same as city wards 355 Voting places in 356 Deputy assessors of, how appointed 802 Compensation of deputies fixed, how paid 803 Cars. Ordinances— Unlawful for boys to climb or jump upon 505 Not to obstruct street or crossing by stopping on, etc 581 (See, also. Railroads.) Cass Street. Ordinance vacating part of 959 Cattle— (See Domestic Animals). Cellars. Laws— Power of council to abate nuisance in [841 63 Ordinances— Health inspector to examine, etc 240 Open cellar- way in sidewalk or alley prohibited 620 Door or grating of not to extend above sidewalk 620 Penalty for leaving open, etc 646 22 33 77 101 234 406 112 236 236 360 360 276 295 407 41 208 306 306 313 GENERAL INDEX. 463 Cemeteeies and Intekments. Laics— Section. Page Power to establish, regulate and remove [791 63 4i May prohibit within one mile of corporation [791 63 41 Power to establish, maintain, etc 234 96 When cemetery may be removed, expense of 235 96 Ordinances— Shall not be established in city, or in one mile thereof 268 216 Unlawful to bury in Hutchinson's Cemetery, etc 269 216 Trespassing upon cemetery grounds, fine for 270 216 Penalty for injuring property at Oak Ridge Cemetery 271 216 Oak Ridge board to have charge of old cemeteries 272 217 Sexton, etc., of to report monthly to city clerk 273 217 No interment to be made without permit from clerk 274 217 How burial permit may be obtained., 275 217 City clerk to keep record of permits issued, and report same to council monthly 276 218 Penalty for violating provisions of article 277 218 (See, also. Oak Ridge Cemetery.) Census. Laws— Authority to take 176 75 Courts to take judicial notice of population of city 176 75 Table of city 419 Chaetee. Laws— Prior laws not inconsistent with, etc., in force after organiza- tion 6 23 Provisions of former city 136 Of water-works company 362-405 142-154 Of city horse railway company 877-883 388 Cheese. Laws— Power to regulate sale of [501 63 39 Power to regulate inspection of [531 63 39 Ordinances— Penalty for selling unwholesome 235 207 Duty of health inspector in relation to 235 207 Chimneys— (See Buildings). Laws— Power to prevent dangerous construction of [631 63 40 Ordinances — Construction of regulated 392 247 Penalty for erecting contrary to ordinance 392 247 Chueches. Ordinances— Doors of to open outward 507 276 Penalty for disturbing congregation at, etc 518 279 Snow on sidewalk in front of to be removed 627 307 CiEcus— (See Amusements.) Ordinances— Amount of license fee for exhibiting 524 257 CiSTEENS. L^aws— Power to regulate construction and use of [571 63 39 Ordinances— Not to be left open adjoining street, etc 646 313 On premises supplied from water- works, how regulated 694 328 Regulation of when on a line between two separate premises. 697 329 Cities. Laws— Organization of, under general law 21 How city may adopt general incorporation act 1 21 How towns may become cities 4 22 464 GENERAL INDEX, Cities. 7>at,(;s— Continued. Organizing— petition— election— result Courts to take judicial notice of organization Prior laws in force, when Corporate name— powers of Prior ordinances in force until, etc Legal identity not affected by change of organization... Rights and property of old corporation to vest in new.. . Record of resiilt of election Number of aldermen in Not to become indebted to amount exceeding, etc Fiscal year of Power to make improvements by special assessment... May buy in from special assessment May adopt article IX, etc Tax-payer may enforce rights in name of city Inhabitants of competent as jurors, etc Municipal year of City need not give appeal bond Changing from city to village Certify tax rates to county clerk May purchase delinquent, special assessments May levy taxes for sewerage, water and light purposes, City Attorney- (See Attorney.) City Council. Laws — To submit question of incorporation under general law. Canvass returns of election on organization May elect mayor pro tern May disapprove of removal of appointed officer Fix compensation of revisers of ordinances How composed Judge of election and qualification of its members May punish its members— expel member Determine its own rules A majority of shall constitute quorum May compel presence of absentees Meetings of May elect temporary chairman Shall sit with open doors Journal of Yeas and nays— when taken Not to rescind vote at special meeting unless, etc When committee report laid over Territorial jurisdiction of Special meetings of— how called Shall designate places of election Shall give notice of, and appoint judges and clerks Shall canvass election returns and declare result Cause result of election to be entered on its journals ... To control finances of the corporation Appropriate money for corporate purposes Levy and collect taxes Fix the amount, terms, etc., of licenses Borrow money and issue bonds Lev^y tax to pay indebtedness Issue bonds in place of maturing bonds Open, alter and improve streets, alleys, etc Plant trees upon streets Regulate use of the streets Remove encroachments or obstructions from Provide for lighting streets Provide for cleansing streets Regulate openings in streets, etc Regulate use of sidewalks Require removal of snow or other obstructions Prevent depositing of ashes, etc., in streets, etc Provide for cross-walks, curbs and gutters Regulate signs, awnings, telegraph poles, etc Regulate banners, placards and advertisements Regulate and prevent flying of flags, etc Regulate traffic and sales upon streets, etc Regulate speed of animals and locomotives Regulate numbering of houses and lots Name and change the name of streets Permit and regulate laying of horse-railroad tracks — Section. Page 5 22 6 23 0 23 10 24 11 24 11 24 12 24 13 25 31 28 [5] 63 34 89 50 117 58 160 70 169 73 173 74 175 74 177 75 178 75 195 79 303 120 305 121 ... 318-19 126 1 21 3 22 18 26 21 26 29 27 30 28 35 28 36 29 36 29 37 29 37 29 38 29 39 29 40 29 41 29 42 29 43 29 44 29 45 29 46 30 57 33 57 33 58 33 58 33 ..Lll 63 34 ..12] 63 34 ..[,31 63 34 ..[41 63 34 ..[51 63 34 ..!5] • 63 34 . [61 63 35 ..[71 63 35 ..[8] 63 35 ..[91 63 35 .[101 63 35 .111] 63 35 .[12] 63 35 [13] 63 35 .[14] 63 35 [14] 63 35 . [15] 63 35 .[16] 63 36 .[17] 63 36 .[18] 63 .36 .[19] 63 36 [20] 63 36 ,[21] 63 36 [22] 63 S3 ,[23] 63 36 [24] 63 36 GENERAL INDEX. City CouNCiii. iatos— Continued. Change location and grade of railroad crossings Powers of council over railroad companies Construct bridges, viaducts, tunnels, etc Construct and repair culverts, drains, sewers, etc Deepen, widen, dock, etc., channels of water-courses. Construct and keep in repair canals and slips Erect and keep in repair public landing places, etc Regulate and control use of landing places, etc Control and regulate anchorage and moorage License and regulate wharf and other boats Eix rates of wharfage and dockage Appoint harbor-masters. Prohibit sale of obscene books, prints, etc License and regulate sale of liquor Punish selling or giving liquors to minors, etc. To establish markets and market-houses Power to regulate sale of provisions Provide for inspection of provisions Enforce keeping proper weights and measures. Regulate construction and use of vaults and eie Regutate places of amusement Prevent intoxication, fighting, etc Regulate partition fences and party walls Prevent dangerous construction of chimneys, etc. Provide engine houses and fire engines Regulate storage of combustibles and fire-works. Establish calabooses and work-houses Use county jail for confinement of offenders Establish, regulate and remove cemeteries Prohibit stock running at large Impose tax on dogs Prohibit offensive or unwholesome business Compel removal of unwholesome business Power to take census Provide for erection of public buildings Establish ferries and toll bridges Authorize construction of mills and mill races Extend street or construct sewer through railroad la Grant privilege to lay railroad track only on petition License and regulate auctioneers, etc Regulate the rolling of hoops, playing of ball, etc. ... Regulate lumber yards .. Provide for furnishing supplies by contract...., License and regulate second-hand and junk stores .. Pass all necessary ordinances, etc Jurisdiction over waters, street labor Council to be elected Create and discontinue offices May define powers and prescribe duties of officers ... Journal of, kept by city clerk Fix compensation of mayor, etc Pass annual appropriation bill Order improvement after appropriation is made Make temporary loan, when Provide for payment of judgments —30 465 Section. Page .[251 63 36 ;-27] 63 36 .1281 63 37 .1291 63 37 ,1301 63 37 .1311 63 37 .[32] 63 37 .[331 63 37 .1341 63 37 .[351 63 37 .136] 63 37 .137] 63 37 63 37 .139] 63 37 .[40] 63 37 )44] 63 38 .[45] 63 38 L45] 63 38 .[46] 63 38 .[48] 63 39 .[49] 63 39 .[50] 63 39 .[51] 63 39 .[52] 63 39 .[53] 63 39 .[54] 63 39 .[55] 63 39 .[56] 63 39 .[57] 63 39 .[58] 63 39 .[59] 63 39 .[60] 63 39 .[61] 63 39 .[621 63 39 .[63] 63 40 .[64] 63 40 .[65] 63 40 ),68] 63 40 .[67] 63 40 .[69] 63 40 .[70] 63 40 .[71] 63 40 .[72] 63 41 .[7.3] 63 41 .[74] 63 41 .[75] 63 41 .[76] 63 41 .177] 63 41 .[78] 63 41 .[791 63 41 .[80] 63 41 .[80] 63 41 .[81] 63 41 .[82] 63 41 .[83] 63 41 .[84] 63 42 .[85] 63 42 .[86] 63 42 .[87] 63 42 .[88] 63 42 .[89] 63 42 .[90] 63 42 [91] 63 42 .[92] 63 42 ,[93] 63 43 [94] 63 43 .[95] 63 43 .[96] 63 43 72 45 73 45 74 45 75 45 82 48 85,86 49 90 50 91 50 91 51 91 51 466 GENERAL INDEX. City Council. Xa?/5s— Continued. Contracting liabilities limited Deposit of city funds May levy and collect taxes, limitation Make improvements by special assessment or special taxa Appoint committee to make estimate of cost, etc Order petition for special assessment filed in court May order purchase of delinquent assessment May annul special assessment May order new assessments against delinquents May provide for a supply of water Acquire property for water- works Make regulations, rates, etc., concerning water May levy tax and appropriate money for water- works Approve maps, plats, sub-divisions, etc Provide for labor by prisoners, etc May annex territory, upon petition, etc Proceedings by corporation to annex territory May disconnect territory May call election on question of issuing bonds Establish and maintain cemeteries May remove cemeteries Grant license for keeping dram-shop, terms of Unlawful to license house of ill-fame Provide for issuing warrants against tax levy Eix salaries of city officers, when May determine when vacancy exists in any office Fix compensation of oil inspector Territory of city organized as a town Powers exercised by council in such case May consolidate certain town offices Regulate number of justices of peace .• Fill vacancies in town offices May, in conjunction with mayor, close public buildings.. . May levy tax for educational purposes Ratify joint contracts for sewerage Levy and collect taxes for sewerage, water and lights May, by ordinance, require labor on streets May. by three-fourths majority, vacate streets Consent of, necessary to erect telegraph poles May cause cemetery ground to be subdivided and laid oul Make rules and regulations for Oak Ridge Cemetery Consent of, required to sell or lease school lands Elect members of the board of education Levy tax required by board of education Fix salary of water commissioners and superintendent... Pass ordinances for protection of water- works property. May order election of water commissioners Ordinances — Regular meeting of council, when held Special meetings of Majority of constitutes quorum, etc No vote of rescinded at special meeting, unless, etc Report of committee, may be deferred Report of committees, how made Shall try contests for election of aldermen, decisions fina Fix time and place for taking depositions in contests Refer evidence in to appropriate committee Vote upon by “yeas” and “nays” entered in journal Ballots may be produced before council Compensation of members fixed May order removal of building, when nuisance Approve plats of additions or subdivisions May order removal of awnings, when Consent to erection of telegraph poles, etc., in streets — City Clekk. Laws— Ordinances to be deposited in office of When to be elected Returns of election made to To notify persons elected or appointed to office When may call special election Certify to ordinances Oaths and bonds of officers to be filed with Bond of to be filed with treasurer Receive certificate of his election from mayor Section, Page 51 52 57 )n 117 58 1?6 63 137 63 70 70 163 70 170 73 171 73 172 74 172 74 173 74 197 81 200 81 202 82 211 85 218 88 234 96 235 96 236 97 249 103 253 104 261 106 269 109 270 109 278 111 281 112 282 112 283 112 284 112 300 118 309 122 317 125 ... 318,319 126 327 131 329 131 331 132 346 138 352 140 140 355 141 358 141 392 152 394 152 400 153 8 159 9 159 10 159 11 159 13 160 14 160 347 235 350 235 352 235 352 236 353 236 359 237 536 284 723 340 .. 734-736 342 794 357 47 30 50 30 58 33 60 33 61 33 66 43 76 46 76 46 77 47 GENERAL INDEX, 467 City Clekk. Xatos— Continued. Section. Sign commissions of city officers 77 Not to hold other office 81 Shall attend meetings of city council, etc 82 Record all ordinances 83 May administer oaths 88 Give receipts to collector 101 Perform duties of comptroller, when 105-107 May appoint clerks and subordinates 110 File certified copy of ordinance levying taxes 112 Issue warrants lor collection of special assessments 150 To execute city bonds.. 226 May certify records, etc 244 Deposit of ordinances in office of 258 To perform duties of town clerk, when 282 To prepare special tax list for sidewalks, when 323 Issue warrants to collect special tax for sidewalks 323 Pay over sidewalk tax collected to treasurer 323 Return delinquent special tax list for sidewalks, etc 324 Shall keep cemetery records 348 Ordinances— Bond of 15 Keep his office at city hall, office hours 16 Attend all meetings of council, and keep record of .* 17 Issue notices of special meetings . 17 Issue committee notices 17 Deliver papers referred by council to committees, etc 18 Prepare commissions, licenses and permits 19 Report to comptroller meetings of council attended, etc 2o Shall be ex-officio clerk of Capital township 21 May appoint deputy when authorized by council 22 Carefully preserve books, records, papers, etc., in his office... 23 Furnish city attorney copies of ordinances, etc 114 Shall be clerk of board of health 220 Certify orders of board of health 223 Physician to report patient having contagious or infectious disease to 229 Issue burial permits 275 Keep record of all permits issued— report to council - 276 Keep plat of Oak Ridge Cemetery 286 Countersign cemetery deeds 287 Keep cemetery account, and report receipts 288 Furnish sexton list of lots sold each month 293 Applications to inter in cemetery made to 294 Give notice of elections— manner of 333 Provide poll-books and blanks for judges of elections 338 Give notice to persons elected or appointed to office 344 Preserve ballots of elections for six months, etc 354 Fees authorized to be charged by 370 To keep account and make semi-annual report of all fees col- lected 371 Issue permits for building within fire limits 388 Sign permits for keeping gunpowder 414 Issue licenses to applicants 427 Certify to transfer of license 433 Keep license register— report number issued each month 439 Duty to notify persons whose licenses have expired 440 Notify retailers of liquors to procure printed copy of article relating to their business 458 Issue and attest permits to pharmacists 466 Prepare and issue commissions to officers 546,547 To file and preserve originals of ordinances— clerical errors in 562 Cause ordinance to be published— when 563 Make memorandum of passage, etc., at foot of record of 564 Revised ordinances to be deposited in office of. etc 566 Furnish street-lighting companies copies of chapter relating . to street lights 657 Custodian of the corporate seal 744 City Tkeasukeb. Laws — When elected T 50 Not eligible for two terms in succession 50 To be elected.'. 73 Bond of 76 Not to hold any other office 81 Duties of 93 Page 47 48 48 48 50 53 54.5 56 57 67 93 102 106 112 129 129 129 129 139 160 160 160 160 160 160 160 161 161 161 161 181 204 205 206 217 218 220 221 221 223 223 232 233 234 236 240 240 246 253 259 260 261 262 266 268 287 291 291 291 292 315 345 30 30 45 46 48 51 468 GENERAL INDEX, City Tbeasuber. Xawj.s— Continued. Books and accounts of, subject to inspection Shall keep separate accounts of each fund Shall give receipts, and file copies of same Monthly statements of, warrants, vouchers, register Deposit of funds, separate from his own Not to use corporation moneys for his own benefit May be removed from office by city council Annual report of Warrants drawn upon To keep special assessment funds separate Council may impose other duties upon May appeal to finance committee May appoint clerks when authorized, etc Salary of— when to be fixed Trustee of firemen’s relief fund How school funds paid out by Ordinances— Member of department of finance Bond of, to city Receive all moneys of the corporation Give receipts therefor, and file copies of Keep register of city warrants redeemed, etc When warrant lost or destroyed, duplicate may be issued... Money received on special assessments— how applied Keep moneys of corporation separate, etc : Report delinquent officer to comptroller How books and accounts of, to be kept Shall render accounts monthly Annual report of. Finance committee to examine reports of Keep cemetery account with city clerk Keep account of moneys received from impounded animals. City Comptbolleb. Laws— Power of council to provide for election or appointment of.. Powers and duties of Submit estimates of expenditures to city council May require statements from all officers Report income, liabilities, etc Council may define the duties of Keep record of bonds issued by city Appeal of, to finance committee When may appoint subordinate Insurance companies to render account to Make registration of bonds When may draw warrants in anticipation of taxes Trustee of police and fire relief fund Ordinances— Head of department of finance (jffice of comptroller created How and when appointed Bond of— amount Have charge of deeds, bonds, contracts, etc Supervise city debts, contracts, payment of interest, legal proceedings, etc May employ additional council in special cases Open and keep a complete set of books Books and papers subject to examination, etc Revise and audit accounts, draw warrants May require statements under oath Keep accurate list of warrants drawn, etc Warrants of— how signed Require monthly reports of officers collecting moneys Duty of, when officer neglects to report Keep detailed account of city revenues, and of all debts due from or owing to city Notify city council when any appropriation is exhausted Transfer unexpended balances to general fund— when Keep register of all outstanding bonds Keep list of local improvements... : Attend sales of real estate, and bid thereat for city Section. Page 93 51 94 51 95 51 96 52 97 52 97 52 97 52 98 52 99 53 100 53 108 55 109 55 110 56 261 106 290 115 359 142 26 162 49 167 50 167 50 167 51 167 52 167 53 168 54 168 55 168 56 168 57 168 58 169 70 171 288 . 221 314 228 74 45 105 54 105 54 105 54 105 55 106 55 107 55 109 55 110 56 111 56 219 89 253 104 290 115 26 162 28 162 29 162 30 163 31 163 31 163 31 163 32 163 32 163 33 163 33 163 34 163 35 164 36 164 36 164 37 164 37 164 38 165 39 165 40 165 41 165 42 165 43 166 GENEEAL INDEX. 469 City Comptroller. Ordinances— Continued. Section. Page Countersign licenses, and enter in book 44 166 Make monthly reports to city council 45 166 Annual report of— what to contain 46 166 Estimates of annual expenditures 47 166 Deliver books and effects upon expiration of official term. 48 167 Supervise books and accounts of collector 66 171 To countersign contracts for public works 106 179 When may draw warrant on account of public work 110 180 Provide blank reports for magistrates 172 192 Institute suit, in name of city, against delinquent magistrates, 173 193 Procure book and blanks for city weigher 251 212 Procure standards for inspector of weights, etc 259 213 Draw warrants on treasurer for salaries 358 237 Licenses, when issued, to be presented to, etc 435 261 To notify council when any fund is exhausted 719 339 City Collector. Laws— Power to appoint, etc 74 45 Duties of 101 53 Books, warrants and papers open to inspection 101 53 Reports required of 102 53 Not to detain money— penalty 103 54 Examination of his books— paying over 104 54 To take receipts from treasurer, etc 104 54 Council may require further duties of 108 55 May appeal to finance committee in adjusting accounts 109 55 To give notice of warrant for special assessment 152 67 Manner of collecting— entry of payment 153 68 Penalty for not serving notice 153 68 Report delinquent list to county collector 154 68 Penalty when lands are sold on which tax is paid 157 69 Paying over— compensation 158 69 Collection of special assessment by suit 167 72 Ordinances— Member of department of finance 26 162 Office of collector of special assessments, etc., created 59 169 How appointed— when 60 169 Bond, form of 61 169 To execute warrants for special taxes and assessments 62 170 Manner of receiving and receipting for same 63 170 When may allow discount on special assessment 63 170 To pay over moneys as soon as collected 64 170 Make monthly and yearly reports to comptroller 64 170 To report delinquent assessments to county collector— how made 65 170 Books and accounts of— how kept, etc 66 171 Compensation of, fixed 360 237 City Engineer. Laws — Authority to appoint 74 45 Ordinances — Member of department of public works 71 172 Office of, created 72 172 How and when appointed 73 172 Bond of 74 172 General duties of 75 172 To superintend, when required, any public work 76 172 Inspect and measure materials, etc 77 172 Examine and certify to bills for materials received 77 173 Make surveys of the grade or boundaries of streets, etc 78 173 Plat or profile of surveys to be approved by council 78 173 Give grade of street, alloy or sidewalk without charge 79 173 May employ chainman and necessary assistants. .. 79 173 To provide himself with notes of original surveys 80 173 Keep plats of grades and boundaries of streets, etc 81 173 Keep correct surveys and location of public sewers 81 174 Issue permits for connecting private with. public sewers 82 174 Make annual report to city council 83 174 Pro^orve in his office plats of surveys, books, maps, etc 84 174 Prepare plans and specifications for public works 100 177 Certify to public work when completed 110 180 470 GENERAL INDEX. City Engineer. Ordmances— Continued. Section. Page Duty of, to keep plats of the sewerage districts 598 300 To make surveys of natural drains, when required 604 301 May give temporary grade for sidewalk 611 303 Line of street to bo given by 633 310 May notify owner of building encroaching upon street 637 311 Duty of, in regard to numbering houses 746 346 City Superintendent of Streets. Laws— Power of council to appoint 74 45 Ordinances — Member of department of public works 71 172 How and when appointed 86 175 Bond to be executed by 87 175 Have charge of improvement, cleaning and repair of streets and alleys 88 175 Necessary repairs only to be made without order of council. . , 88 175 Cause ordinances in relation to streets, etc., to be enforced. .. 89 175 Carry into effect orders of council, mayor, etc 89 175 Cause streets and alleys to be cleaned annually 90 175 Examine sewers, culverts and bridges, and report 90 175 May employ necessary laborers, teams and carts 91 175 Shall oversee and direct street laborers 91 175 Supervise connections of drains and sewers 91 176 May procure necessary implements and materials for street work— how procured 92 176 Cause all implements of city to be marked 92 176 Keep list of implements and materials belonging to city 93 176 Deliver property to his successor 93 176 Keep such account book as required by finance committee 94 176 Examine accounts of contractors for work, etc.. 94 176 Make monthly reports of expenditures in his department 95 176 Render accounts so as to show to what ward chargeable 95 176 Construction of bridges, culverts and crosswalks 96,97 177 Compel male offenders committed, etc., to labor on streets 190 197 May commit such persons to prison when not laboring 191 197 Persons refusing to labor, etc., recommitted to confinement. . 192 197 May attach ball and chain to prisoner to prevent escape 192 197 Report to council number of days’ labor of offenders 194 198 Serve notice on railroad company to raise or lower its railroad track, etc 577 294 Duty to notify railroad company to build crossing, etc.— when 578 295 To notify company to station flagmen, when required 580 295 Superintend the construction of sidewalks 614 304 Supervise construction of vaults and coal-holes 617 305 Repair defective sidewalks, and abate when nuisance 619 305 Enforce provisions respecting construction and use of side- walks 620,621 306 May give permission for excavating in street 628 309 Notify owner of building encroaching on street or alley to re- move in thirty days 637 311 Notify persons to remove obstructions from streets, etc 647 313 Notify persons violating ordinance relating to construction of awnings 733 342 May designate dumping grounds for scavengers 778 354 Enforce ordinance in relation to planting trees 798 359 Shall cause trees on streets to be trimmed— when 801 359 City Prison and Workhouse. Laws— Power of council to establish and erect [69] 63 40 Ordinances— Prison and workhouse established— where 176 193 City Prison- Keeper. Laws— Power to appoint [691 63 40 Ordinances— * • Office created t 177 194 How appointed— bond of 178 194 To be ex-oj^cio a policeman 179 194 Shall reside at prison 179 194 GENERAL INDEX. 471 City Pkison-Keeper. 0?-t^mance.s— Continued. Section. Page Duties of keeper 179 194 Receive and receipt for persons committed 180 194 Enter date and amount of fine, etc., in book 180 194 May require persons committed to perform manual labor 181 195 Keep record of each person committed or confined 182 195 Report monthly, in writing, to city council 183 195 Not to release person in his custody, except, etc 184 195 Penalty for releasing or discharging contrary to ordinance. .. 184 196 Keep prison clean and in good order 185 196 Enforce rules and regulations for government of same 186 196 May employ medical assistance for prisoner— when 187 196 Police committee to visit prison once a month 188 196 Treat persons committed to his charge humanely 189 196 Not to supply intoxicating liquor to prisoner, etc 189 196 May be removed from office for violating ordinance 189 197 Deliver male prisoners to street superintendent to work out fine and costs, taking receipts for, etc 190 197 City Printing. Lawn— Power to let to lowest bidder .• [941 63 43 City Property. Laws— Two-thirds vote of council required to sell 42 29 City Register. Laws— Office of. abolished 14 25 City Weigher. Laws — Power to regulate weighing, etc [541 63 39 Ordinances— Appointment of 245 210 To execute bond 246 210 Duties of, at city scales 247 210 To make entry of weight and give certificate 247 210 What certificate shall state— re- weighing of vehicle 248 211 Deductions in weighing— how made 249 211 Weights, etc., computed according to laws of 8tate 249 211 Test accuracy of scales, and keep in good order 250 211 Comptroller to furnish blank certificates 251 212 Make report to council first Monday in each month 252 212 May appoint deputy at his own expense— when 253 212 Penalty for neglect, etc., or giving false certificate 254 212 Certain persons not to be appointed to office of 255 212 Penalty for altering weigher’s certificate, etc 256 212 Duty of weigher to prosecute persons guilty of fraud or deceit 256 212 (See, also. Inspector of Weights and Measures,) Citizens’ Street Railway and Improvement Co. Ordinance authorizing construction, and granting right of way on certain streets 393 Coal. Laws— Power to regulate inspection and weighing of [54J 63 39 , Ordinances — How weighed— deductions for impurities 249 211 Weight of, per bushel— note to section 249 211 Dealer in. not eligible to office of city weigher 255 212 Combustible Materials. Laws— Power to regulate and prevent storage of 1651 63 40 Ordinances— Not to be deposited or scattered near lumber piles 384 245 To be removed from shops or other buildings 394 247 Not to be set on fire within thirty feet of building 407 251 Not to be strewn or left in or near any building 408 251 472 GENERAL INDEX, Commissions. Laws— Section. Page Officers to be commissioned— how 77 46 Ordinances— Clerk to make out and affix, corporate seal to 547 287 To be signed by the mayor : 547 287 Form of commission 548 287 Commitment. Laws— Power to commit offenders for examination 84 49 Power to commit for non-payment of fine 197 81 Ordinances— Of persons found violating ordinances 146 187 Of persons for non-payment of fine or penalty 180 194 Name and offense of person committed to be registered 182 195 How released from confinement 184 195 Of offenders at fire 213 202 Committees. Ordinances — Standing of council, how appointed 12 159 Reports of may be deferred 13 160 Reports of to have papers, etc., attached 14 160 Committee on Finance. Ordinances— Member of department of finance 26 162 May prescribe manner of keeping accounts by city officers... 68 171 To examine books and accounts of officers 68 171 Appeal to in adjustment of accounts of certain officers 69 171 To meet annually, and examine and compare reports of comp- troller and treasurer 70 171 Committee on Police. Ordinance's — May investigate charges against members of police force 131 185 Prescribe material and style of police uniform 155 189 Make rules for government of the city prison and work-house 186 196 Visit city prison as often as once a month, etc 188 196 Chairman of may inspect books of pawnbroker 760 350 May also inspect books of second-hand and junk dealers 789 356 Committee on Fibe and Wateb. Ordinances— Recommend suitable persons to mayor for appointment to fire department 206 201 Make and establish rules for fire department 215 203 May remove any member of fire department, except fire mar- shal 216 203 Chairman of to notify persons violating provisions regulating wooden buildings in fire limits 381 244 Chairman of, one of committee to decide on fire escapes 396 248 Committee on Public Buildings. Ordmances— Chairman one of committee to decide on fire escapes 396 ,248- Committee ON Stbeets and Alleys. Ordinances— May require engineer to make surveys of street, etc 78 173 Street superintendent to carry orders of into effect 89 175 Supervise the setting of telegraph and other like poles 796 358 (See, also, streets and alleys). Compensation— (S ee Fees and Salaries). CoMPTBCLLEB— (See City Comptroller). COLLECTOB— (See City Collector). GENERAL INDEX. 473 Concealed Weapons. Ordinances— Section. Page Penalty for wearing or displaying 481 272 Peace officers excepted 481 272 Constitution. Of the State of Illinois 420 Contagious Diseases. Ordinances — Persons having may be removed without city 226 205 Duty of persons having, etc 231 206 fSee, also, Health Department.) Contested Elections— (See Elections.) Continuances. Ordinances— May be granted by magistrates in city cases 166 191 Contracts— FOB Public Works. Laws — Officers not to be interested in 79 47 Not to be made without an appropriation 92 ' 51 Payable from special assessments *. 164 71 How to be let 165 71 When without advertising...* 165 71 Void, if procured by bribery 265 108 For joint construction of sewers— how made.., 316,317 125 For purchase or sale of school property— how made 354 140 Of board of water commissioners— how executed 390 151 Ordinances— Comptroller to keep list of. etc 42 165 Engineer to make out plans and specifications of 75 172 Probable cost of to be ascertained before letting 98 177 To be let to the lowest responsible bidder, when 99 177 When may be entered into without advertising 99 177 Duty of engineer to prepare specifications for 100 177 For work to be paid for by special tax or assessment 101 178 When mayor authorized to advertise 101 178 Manner of advertising for 101 178 Proposals or bids to be sealed, bond or deposit may be re- quired of bidder 102 178 Bids to be opened by mayor, and contract awarded lowest responsible bidder 103 178 Performance of to be secured by bond with surety 104 178 Bids may be rejected, re-advertisement 104 179 Bidder failing to enter into or fulfill contract, not allowed to bid again 105 179 To run to and be in name of city 106 179 To be drawn by, or submitted to, city attorney 106 179 Shall be executed in duplicate 106 179 Contain clause that mayor may suspend work under, etc 107 179 What to contain when paid from special taxes or assessments 108 179 Disposition of surplus earth may be reserved in 109 180 Penalty to contractor for disposing of in such case 109 180 Payment for when completed— how made 110 180 Advancements to contractors, reservations, etc 110 180 No payment for extra work done under, unless ordered by council Ill 180 Contractor. Ordinances— Accounts of not to be certified, who has failed to comply with his contract, etc Ill 180 No city officer shall be 553 288 Leaving excavation open upon and unprotected at night 630 310 When required to execute indemnifying bond to city 635 311 Duty of when having contract for lighting streets 651 314 Corner Stones. Ordinances— Penalty for removing or destroying 517 278 474 GENERAL INDEX. Corporate Limits— (See Boundaries of City). Section. Page Corporate Seal. Ordinances — Described 743 345 City clerk to be custodian of 744 345 When impression of to bind city 744 345 Courts. Laws— To take judicial notice of the existence of cities, and of the change of organization 6 23 Ordinances— Term defined 571 293 (See, also, Police Magistrates.) Costs. Ordinances— Of public improvement, to be ascertained 98 177 City not liable for in police courts 170 192 Officer not entitled to as witness— when 170 192 When suit malicious, may be taxed against complainant 171 192 Of township elections, to be paid from town treasury 372 241 Of tearing down or removing wooden building in fire limits. . . 381 244 Crossings. ^ Ordinances — Flagmen to be stationed at by railroad company 580 295 Not to be obstructed by locomotives or cars 581 295 Not to be obstructed by teams or vehicles 643 312 Crosswalks. Laws— Power to provide for and regulate [161 63 36 Ordinances— Superintendent of streets to have charge of construction 88 175 Manner of constructing 97 177 Penalty for kindling fire upon wooden 402 250 Railroad companies to construct when needed, etc 578 294 Cruelty to Animals— (See Animals.) Laws— Power to punish cruelty to [731 63 41 Curiosities. Ordinances— License fee fixed for exhibiting natural or artificial 424 256 Culverts. Laws— Power to construct and keep in repair [291 63 37 Ordinances — Construction of regulated 97 177 Railroad companies to construct and repair 577,578 294 To be put in repair by persons taking up, etc 629 309 Curbs. Laws— Power to regulate [161 63 36 Ordinances— How to be constructed 614 304 Iron rings to be fastened in for hitching 625 307 GENERAL INDEX. 475 Dam. D. Laws— Section. Page Power of water commissioners to build dam at river 368 144 Damages. Laws— Railroad companies liable for to owners of domestic animals— when „...[26] 63 36 Officer withholding property of city, liable for 77 47 For property taken for local improvements 119 59 Proceedings for making compensation, etc 120-131 59 Dram-shop keeper liable for on his bond 233 96 To property by vacation of street or alley 329 131 For property taken by the water commissioners 384 149 Ordinances— May be claimed by city for non-performance of contract ac- cording to its terms 107 179 To wooden building in fire limits— how determined 380 244 Officers liable to city for negligence, etc 550 287 Liability for of persons connecting private drain or sewer with public sewer 599 300 Owner of premises liable for to city, when person injured by defective sidewalk 619 305 Persons obstructing streets, etc., liable for 640 312 Telegraph and telephone companies liable for to owners of private property from use of streets 795 358 Dead Animal. Ordinances — Removal of 331 231 Penalty for depositing in sewer or catch-basin 601 300 Not to be thrown into reservoir of water- works 693 328 Debt. Laws— Not to be incurred unless an appropriation shall have been previously made, etc 92 51 When tax levied for particular debt— how applied 115 59 Deeds. Laws— To cemetery lots 347 139 Ordinances— City clerk to attest 19 161 Comptroller to have ^charge of 31 163 To lots in Oak Ridge Cemetery 287 221 Form of 289 221 Defaulter. Laws— Ineligible to any city office 78 47 Ordinances — Suit to be instituted on bond of 37 164 Salary to be withheld from 358 237 Department of Finance. Ordinances— Established 25 162 To control the fiscal concerns of city 25 162 Of what officers composed 26 162 Fiscal year 27 162 Department of Public Works. Ordinances— Established 71 172 Officers embraced in 71 172 (See, also, Contracts for Public Works.) 476 GENERAL INDEX. Depositions. Ordinances- Section. Page Of witnesses in contesting election of aldermen 350 235 Disokdekly Assemblies. Laws— Power to prevent and suppress [72] 63 41 Ordinances— Penalty for 473 270 Penalty for permitting on premises 474 271 Disoedebly Conduct. Laws— Power to prevent [591 63 39 Ordinances— Saloon keeper may arrest person for, in saloon 452 265 Penalty for being guilty of 471 270 Knowingly permitting on premises, penalty 474 271 Disordekly Houses. Laws — Power to suppress [451 63 38 Ordinances— Defined, how punished 454 265 Penalty for keeping 494 274 Disconnecting Teeeitoey. Laws— From cities and villages 211 85 Ordinance for to be recorded 212 86 Disturbances. Laws— Power to prevent and suppress [721 63 41 Ordinances— Of the peace at elections 346 234 Retailer of liquors not to permit in place of business 451 265 Of the peace, penalty for 472 270 Of congregation or assembly for religious worship, etc 475 271 Of funeral procession 476 271 At show or place of amusement 477 271 Of the peace on Sunday 518 279 Of the quiet of any citizen or family on Sunday 519 279 Distillers. Laws— Power to license [911 63 42 Ordinances— License fee fixed for 424 256 Penalty for doing business without license 461 267 Distilleries. Laws— Power to direct location of and regulate [821 63 41 Ordinances— Unlawful to establish on Sangamon river above water-works, etc - 691 327 Dogs. Ijaws— Power to prevent dog fights [591 63 39 Power to regulate and tax [801 63 41 GENERAL INDEX, 477 Dogs— C ontinued. Ordinances — Section. Tax on, amount of 319 Superintendent of police to register and furnish checks for 319 At large between June and September, without check and muzzle, a nuisance 320 To be taken up and impounded— how released! 320 To be destroyed if not redeemed within three days 320 Superintendent of police may employ assistants to catch, etc. 321 Penaltj'^ for r^^sisting or molesting officer or assistants 321 Superintendent of police to report to council fees collected on, etc 322 Mayor may issue proclamation for confining or muzzling of, when danger from hydrophobia 323 Running at large contrary to ordinance, to be destroyed 324 When registered, etc., not to be impounded 325 Penalty for removing check from, or enticing from house 325 Keeper of dangerous dog not protected by check 326 Owner of, allowing to run at large— how punished 326 Bitch in heat not to go at large— penalty^ 327 Fighting or baiting of dogs prohibited 488 Deains. Laws— ' Power to construct and regulate use of [291 63 Page 229 229 229 229 230 230 230 230 230 230 230 23if 230 230 230 273 37 Ordinances — Permit from city engineer for connecting private drain with sewer 82 Street superintendent to supervise connection of 91 Construction of, without permit— penalty for 599 Natural drain not to be changed without consent of council. . . 603 City engineer to make survey of, when required 604 Excavations for, in streets, to be filled 609 174 176 300 301 301 302 Deays, Caets and Wagons. Laws— Power to license and prescribe compensation of [421 63 38 Ordinances— License fee prescribed for 424 256 Unlawful to keep or use for hire without license 668 319 How license for keeping or running obtained 669 319 Number of license to be placed on outside of vehicle 670 .320 Rates to be charged for hauling goods or merchandise 671 320 Persons licensed to keep certified copy of section prescribing rates, etc 672 320 Penalty for refusing to carry load when not employed 673 320 Penalty for charging illegal rates 674 321 Public stand for 675 321 Drivers of to obey orders of police 679 322 (See, also. Vehicles.; Deam-Shops. Laws — Bond of keeper— how taken— suit on 233 96 How license to keep may be granted— proviso 236 97 Ordinances— Sum to be paid for license 424 257 Penalty for keeping without license 443 263 Manner of obtaining license for 444 263 Definition of 459 267 (See, also. Retailers of Liquors.) Deivees. Ordinances— Of fire engines— how appointed 206 201 Of vehicles meeting, to turn to the right 502 276 478 GENERAL INDEX. Druggists. Ordinances— Section. Page Not to sell poisons without being plainly marked 236 207 Not to deliver poisons to person under 15 years of age 2,36 208 May sell or deliver on physician’s prescription 236 208 Sale of liquors by— how regulated 464 268 Application for permits to sell— payment for— bond 465 268 Manner of issuing permits— when to expire 466,467 268 Not to sell except for purposes authorized, etc 468 268 Mayor may revoke permits to, when 469 269 Drunkenness. Ordinances— In saloons or dram-shops, prohibited 449 264 Unlawful to sell liquor to habitual drunkard, when 450 265 Penalty for being in state of 482 272 * (See, also. Intoxication.) Dwelling Houses. Ordinances— Of wood in fire limits, not to be raised or enlarged 379 243 When damaged to extent of fifty per cent., etc 380 244 When erected, etc., in fire limits, contrary to ordinance, a nuisance 381 244 Penalty for leaving teams before, without consent of owner. . . 641 312 Required to be numbered 747 346 (See, also. Buildings.) E. Education— (See Board of Education). Elections. Laws— For incorporation of city under general law 1 Notice of— ballots— returns of 2,3 For organizing a city 5 Of city officers after change of organization from town 7 Notice of, to be given twenty days before 7 When county judge to give notice of 8 Record of result of 13 When general election for city officers to be held ,49 What officers elected at 50 Who entitled to vote at 51 Places where held 57 Judges and clerks of, notice of 57 Manner of conducting 58 Returns of to be made to city clerk 58 Council to canvass returns and declare result of 58 In case of a tie in, to be determined by lot 59 When special elections may be held, etc 61,62 May be called to sanction additional appropriation 90 On annexation of one corporation to another 201 On question of issuing municipal bonds 218 Time of opening and closing polls at 239 Date for holding regular charter elections 240 Manner of conducting 240 Manner of conducting town elections in towns lying within limits of city— returns, canvass of 241 Registry to be made for each election— how made 242 For town officers within city 280 Of a police magistrate 287 Of water commissioners 400 Ordinances— General election for municipal officers, when held 332 Clerk to give twenty days’ notice of 333 Concerning special elections... 334 Council to appoint judges and clerks thirty days before 335 Judges and clerks of to be notified of appointment 335 Vacancy among judges of— how filled 336 Not to be all chosen from same political party 336 21 22 22 23 23 24 25 30 30 31 33 33 33 33 33 33 33 50 82 88 99 99 99 100 101 112 114 153 232 232 232 232 232 233 233 CxENERAL INDEX, 479 Elections. Ord(na?ic*f?.s— Continued. Section. Page Judges may appoint clerks to fill vacancies .337 2.33 Persons substituted to take oath prescribed by law 337 233 Council to provide ballot boxes for .338 2.33 Clerk to provide poll-books and necessary blanks 338 233 Manner of opening and closing polls at 339 233 Proclamation to be made thirty minutes before 340 233 Manner of conducting, etc., same as at county elections 341 234 Return of to be made to city clerk within two days after 342 234 Council shall meet and canvass returns, declare result 342 234 Person receiving highest number of votes shall be declared elected 343 234 Proceedings in case of a tie vote 343 234 Persons elected to office to be notified by clerk— when 344 2.34 When city council may call new election 34.5 234 Members of police force to preserve order at polls 346 234 Of aldermen, may be contested before city council .347 235 Manner of contesting election of aldermen .348-353 235,2.36 Ballots of to be preserved by clerk for six months after. . 354 236 How and Avlien ballots to be destroyed 3.54 236 Voting places for Capital township same as for the city 356 236 Eleventh Stkeet. Ordinance authorizing horse railroad on south part of 400,401 Emekgency. Laws— Power of council to borrow money to meet, etc 91 51 Engine Companies. Ordinances — Of Are department, where locat^ 196 199 Engineeks— (See City Engineer.) Ordinances— Of fire department, how appointed 206 201 To wear badge when on duty 207 201 Duties of 208 202 Estimates, Laws— Annual of city comptroller 105 54 Evidence. Laws— > Of ordinances— how proved 66 * 43 Book of ordinances to be received as 66 43 Certified copy of records prima facie 83 48 Commissioners’ report on special assessments competent 146 66 Records and ordinances— how certified 244 102 Form of certificate 246 102 Sworn copies of records, etc 247 102 Penalty for false certificate 248 102 Report of city clerk of delinquent special taxes for sidewalks prima fa' ie 324 130 Records of Oak Ridge Cemetery to be, etc 351 140 Ordinances— Police to procure in police courts 170 192 In contested elections— how taken— where filed .351,352 235 Of the reputation of bawdy house 498 275 Clerk’s memorandum at foot of record of ordinance to be prima facie, etc 564 291 Excavations. Ordinances— Not to be made in streets, etc., without authority or permit 628 309 To be filled up without unnecessary delay 629 309 Penalty for leaving open and unprotected at night 630 310 Penalty for digging and removing earth from street or alley without permission 631 310 Water commissioners authorized to make necessary execu- tions : 680 32.3 480 GENERAL INDEX. Executions. . Section. Execution, or order of commitment, may issue upon imposi- tion of fine or penalty* (59 Ordinances— City attorney to see to collection of on judgments, etc 116 May is.sue for costs, against goods and chattels, when prose- cution malicious 171 Officer receiving, to report to magistrate monthly! 175 Copy of to be delivered co city prison keeper— when... . 180 Prison keeper to preserve copy 182 Exemptions. Laws — Of persons from street labor— when, etc 327 Exhibitions. Laws— Power to license and regulate 141] 6.3 Ordinances— Of animalindecently, prohibited 485 . Of indecent or lewd play, prohibited 487 Persons giving to preserve order at 726 (See, also. Amusements.) Expenditures. Laws— Not to exceed appropriations 91 For improvements, limited to appropriations 91 Not to be incurred without appropriation 92 Of the board of education restricted 354 Ordinanc s — For public work in any year, not to exceed appropriation 98 For street lamps to be provided for in appropriation bill 649 Limited to the amounts appropriated 719 Explosive Materials— (See Gunpowder.) Laws— Power to regulate storage of [651 63 Expressmen. Laws— Power to license and regulate [421 63 Extras. Ordinances— No payment for on contracts, unless ordered by the council... Ill Page 44 181 192 193 194 195 131 38 272 273 340 50 50 51 140 177 .314 339 40 38 180 F. False Alaum. Ordinances— Of Are, penalty for making 399 250 Fares— (See Vehicles.) Fast Driving. Jjaws- Power to regulate Ordinances— Regulated I2l] 63 36 500 275 *See, also, “Justices and Constables,” sec. 83, chap. 79 of Rev. Stat., 111. GENERAL INDEX. 481 Fees and Salaries. Laws— Section. Of officers, to be fixed by ordinance...-. 87 Not to be increased or diminished during term of office 87 Fees received by officers to be reported 87 When may be fixed, not to be changed during term 261 Of oil inspector, to be fixed by council 270 Certain rates and fees to be set apart as relief fund 289 Ordinances— Excess of fees from impounding, etc., of animals, paid into treasury Fees from registering dogs to be reported Salaries of officers, except aldermen, to be fixed in annual appropriation ordinance When salaries payable.. Of aldermen fixed at three dollars for each meeting attended. Fees of city collector Of city weigher Of city prison keeper Of the police, to be paid into city treasury Of the superintendent of police Superintendent of police to keep account of, and make report. Fees of inspector of weights and measures Of city clerk City clerk to keep account of all fees of his office, and pay into treasury monthly Fees of judges and clerks of election, how paid Of witnesses and jurors in magistrates’ courts Penalty for charging or receiving illegal For licenses Scavenger’s fees 314 322 357 358 359 360 361 362 363 364-367 368 369 370 371 372 373 374 424 779 Fences. Laws— Power to regulate partition 1601 63 Ordinances— Penalty for Cutting or injuring 509 Boys not to climb upon without consent of owner 510 Posting of show bills on prohibited, without consent, etc 511 Penalty for fastening animal to without consent 515 Not to be erected along street without having proper line 633 Encroaching upon street or alley not to be repaired 636 Encroaching on street or alley to be removed 637 Height of partition fences regulated 764 Not to have barbed wire or iron spikes upon 765 Barbed wire fence prohibited along line of streets, etc 766 Finances. Laws— Power of council to control [1] 63 Fiscal year may be fixed by ordinance 89 Annual appropriation ordinance 90 Limitation, emergency, borrowung money 91 Contracting liabilities limited 92 Ordinances— Department of established 25 Officers composing : 26 Fiscal year— when to begin 27 Finance committee— duties of 68-70 Fines. Laws— Power to impose, for creating or continuing nuisances [751 Power to pass ordinances for imposing, not to exceed two hundred dollars [961 Ordinance imposing, to be published Suits for recovery of— how brought To be paid into the treasury of the city Commitment to city prison for non-payment of Allowance on, for work, etc How actions brought to recover —61 63 63 65 67 68 69 69 196 Page 49 49 50 106 109 114 228 230 237 237 237 237 237 238 238 238-9 239 239 240 240 241 241 241 255-6-7 354 39 277 277 278 278 310 311 311 350 351 351 34 50 50 50 51 162 163 164 171 41 43 43 44 44 44 45 80 482 GENERAL INDEX. Fines, iaio.s— Continued. Section. Page For violation of oil inspection law 277 111 Certain, to be set apart for police and firemen’s relief fund 289 114 For refusal by railroad company to place flagman, etc 302 120^ May be imposed to enforce labor on streets 328 131 May be imposed for declared nuisances within one-half mile of Oak Ridge Cemetery^ 353 140 For violating ordinances concerning the water- works ,394 152 Ordinanceii— Actions for the recovery of— where brought 160 190 Officers collecting, to pay into the city treasury— when 173 192 Suit to be br-mght on bond of officer failing to pay 173 19^ For non-payment of fine, offender to be delivered into custody of prison-keeper 180 194 May be worked out on the streets and alleys 190 197 When provided by different ordinance for the same offense, prosecutor to elect under which to proceed 574 293 (See, also. Penalties.) Fike-Akms. Ordinances— Discharging of in cemetery prohibited 270 216 Sexton of Uak Ridge Cemetery may arrest for 292 222 Penalty for discharging within city ■. 411 252 Exceptions 411 252 Fike Depabtment. Laws— Power to provide or organize [641 63 40 To tax insurance companies for support of 111-251 57-104 Assessed for police and fire relief fund 289 114 Ordinances— Department established 195 199 Who embr aced in 195 199 Location of two companies composing 196 199 Rules tor government of— how made, etc 215 205 Duty of firemen to keep fire apparatus from injury 208 202 Fike Escapes. Laws— Power to prescribe construction of [61] 63 39 Ordinances— Buildings of three or more stories in height, except resi- dences, to be furnished with 396 245 Number, location of, etc., to be determined by mayor, fire marshal and chairmen of certain committees 396 248 Owners of buildings to be given thirty days’ notice 397 248 Number of, on buildings used for manufacturing purposes 397 249 Penalty for not placing and keeping as recLuired 3P8 249 Fire Limits. Laws— Power to prescribe [621 63 39 Power to direct that buildings within, when damaged fifty per cent., shall be removed [62] 63 49 Ordinances — Defined and constituted 375 242 Erection of buildings within, regulated 376-381 242-4 Lumber yards not to be established within 382 244 Duty of fire marshal to inspect buildings in 386 245 Permits required for erecting buildings within 387 245 Manner of applying for and issuing permits 388 245 Applicant for b tiding permit to give bond to city 389 246 Penalty for building within, without permit 390 246 When wooden building within a nuisance 537 284 Construction of sidewalk within regulated 613 304 Construction of awnings within regulated 733,734 342 Ordinance relating to steam works within 952,953 405-6 GENERAL INDEX. 483 Fire Marshal. Laws— I General power to appoint Trustee of police and fire relief fund Ordinances— Office of created— term How and when appointed Bond of To be chief of the fire department Shall have care of property and equipments of fire depart ment Attend all fires, and take command at May order tearing down of bui ding at fire— when May prefer charges against members of fire department May suspend delinquent member from duty, etc Persons to obey orders of at fire— exception Keep record of all transactions in fire department Annual report of to city council During temporary absence of, mayor may appoint, etc To surrender books, etc., uprn expiration of official term Proof made to, of property saved from a Are May arrest offenders at Are Concur with Are and water committee in making rules, etc... May select an appraiser tor damaged building Duty of to examine buildings in process of erection or re- moval within Are limits AuthorizerJ to enter and inspect all buildings in city When building deemed unsafe, to notify owner Cause buildings or premises to be put in safe condition Duty of concerning Are escapes To notify owner of wooden building in Are limits— when Firemen. Ordinances— Under command of Are marshal How appointed, etc To wear badge when on duty To deliver badge to Are marshal— when General and special duties of Fire engine, etc., not to be driven by, so as to endanger, etc. . , Fire engine, etc., not to be driven over sidewalk— exception. . , Hose or Are apparatus not to be used for private purpose with- out consent of council, etc Concerning removal of property saved from Are Penalty for resisting or obstructing when on duty Committee on Are and water to have supervision over rules and regulations for government of May be removed by committee on Are and water Fires and Fire- works. Laws— ^ Power to guard against [62 Power to regulate [65: Ordinances— All persons over a certain age subject to the orders of Are marshal in extinguishing, etc Offenders may be arrested at Penalty for making or circulating false alarm of How live coals of to be carried Use of lights in barns and stables regulated Penalty for kindling on wood-paved streets, etc Penalty for using or leaving so as to endanger property Not to be kindled in sheds or near building - Burning out of chimneys and Aues regulated Boiling of pitch, resin and coal tar regulated Burning of shavings and straw regub. ted Strewing of shavings, straw, etc., near buildings prohibited... Stacking of hay and straw near buildings prohibited Ashes to be kept in Are-proof vessels Use of ashes for manufacturing purposes regulated Discharge of cannons, guns and pistols prohibited— exceptions Setting off Are-works and kindling of bonAres prohibited, ex- cept on Fourth of July Duty of police to enforce provisions relating to Duty of persons keeping gunpowder in case of Are (See, also. Gunpowder.) Section. Page 74 45 290 115 197 199 197 199 198 200 199 200 199 200 200 200 200 200 2(11 200 201 200 202 200 203 200 2(13 201 204 201 205 201 212 202 213 202 215 203 380 244 386 245 395 248 395 248 395 248 396 248 537 284 199 200 206 201 207 201 207 201 208 202 209 202 210 202 211 202 212 202 s 214 202 215 203 216 203 :l 63 39 ] 63 40 3 202 200 213 202 399 250 400 250 401 250 402 250 403 251 404 251 405 251 406 251 407 251 408 251 409 252 410 252 410 252 411 252 412 413 420 252 252 254 484 GENERAL INDEX. Fiscal Yeae— (See Finance.) Section. Fish. Laws— Power to regulate sale of 150] 63 Power to regulate inspection of L531 63 Ordinances— Penalty for selling diseased or spoiled 234 Police or health officer may seize and destroy 234 Flagmen. Laws— Power to require at railroad crossings of streets L27J 63 Duty of railroad company to place and retain 302 Ordinances Council may order at railroad crossing 580 Railroad company to notify in writing 580 Penalty in case of failure to comply 580 Floue. Ljaws— Power to provide for the inspection of [531 63 Food. Ordinances- Penalty for selling adulterated and unwholesome bread, but- ter, cheese, lard, etc 235 Police officers to have some samples of analyzed 235 Foeestalling. Laws— Power to prevent and punish 1511 63 Foems. Laws— Of ballots at, election for organizing under general law 3 Form or style of ordinances 64 Of official oath 76 Of petition for condemning property 121 Of oath of commissioners for special assessments 139 Of notice to owner of assessment 142 Of notice of assessment for publication. 142 Of collector’s notice of special assessment 152 Of acknowledgment on official bond 227 Of oath of oil inspector ^ 271 Ordinances— Of bond of city collector 61 Of Oak Ridge Cemetery deed 289 Of magistrate’s pound notice 306 Of order to sell animal impounded 310 Of pound notice 311 Of license 428 Of officer’s commission 548 Of warrant for collection of water rent, 686 Feuit. Ordinances— License fee for sale of, etc., from stands on sidewalks 424 May be peddled from basket 707 Feaudulent Devices and Peactices. Laws— Power to suppress L451 63 Fuel. Laws— Power to provide for furnishing to city by contract 1941 63 Page 39 39 207 207 36 120 295 295 295 39 207 207 39 22 43 46 59 63 65 65 67 94 110 169 221 226 227 227 259 287 325 257 351 38 43 GENERAL INDEX, 485 Funding of Bonded Indebtedness. Section. Page Ordinance to provide for funding and retiring outstanding, of city 818-822 366-7 (See, also. Bonds.) G. Gambling Houses. Laws— , Power to suppress L451 Ordinances— Penalty for keeping, maintaining or supporting Inmates, or persons found therein, subject to fine Witnesses not subject to fine for giving testimony concerning, Gaming. Laws — Power to suppress [451 Ordinances— Not to be allowed by retailer of liquors in saloon Penalty for keeping or using instruments or device for Penalty for playing for money, etc Betting on game when played by others Setting up table or device for, in streets, prohibited Sales depending on chance or hazard declared to be Garbage. Laws— Power to prevent throwing of, in streets or alleys [151 Ordinances— Not to be deposited in sewer or catch-basin Not to be thrown or left in or upon street or sidewalk May be removed by scavengers Where to be deposited Gas Companies— Laws— Power of council over 1131 Title of act to incorporate Springfield Gas-Light Company Ordinances — Duty of, when under contract to light streets of city Subject to reductions on monthly accounts for neglecting to keep lamps clean and lighted Gas Mains. Ljaws— Power to regulate openings in streets for [131 Ordinances— Laying of in streets— how regulated • No extra charge on account of location in street Excavations for to be filled up and tamped Gasoline— (See Oil Inspection.) Ljaws — Power to regulate storage of [651 Geese. Laws— Power to restrain from running at large [801 Ordinances— Prohibited from running at large Fee for taking up and impounding Fee for sustenance of 63 38 489 273 490 273 499 275 63 38 453 • 265 489 273 490 273 490 273 491 273 493 274 63 35 601 300 648 313 776 353 778 354 63 35 418 651 314 652 315 63 35 606,607 301-2 608 302 609 302 63 40 63 41 300 225 365 238 366 239 486 GENERA.L INDEX. Gilman, Clint :n and Springfield Railway Co. Section. Page Ordinance granting right of way to, on Madison street 8.36 376 Goats. Laws— Power to restrain from running at large [80J 63 41 Ordinances — Unlawful to run or go at large 300 225 Fee for impounding 365 238 Fee for sustenance of 366 239 Grades. Laws— Power to establish [71 63 35 Power to compel railroads to conform to [271 63 36 Ordinances— City engineer to make survey of— when 78 173 To be given by engineer upon request, etc — 79 173 Plats or profiles of to be kept by engineer in office 81 173 Penalty for removing stone or stake of 517 278 Duty of railroad companies to raise or lower, when directed and notified by council 577 294 Duty of horse railway companies concerning 587 297 Of sewers 593 299 Of sidewalks, council to establish 611 303 City engineer may give temporary 611 303 Penalty for laying sidewalks contrary to 612 303 Excavations in streets to be filled up to conform to 629 309 Graves. Ordinances — Penalty for trespassing upon 271 217 Maltreating of 297 224 Grocery. Laws— Power to compel owner of to cleanse [841 63 42 Ordinances— Health inspector to enter and examine, etc 240 208 Gun Cotton— (See Gunpowder.) Gunpowder. Laws— Power to regulate storage of, etc [G51 63 40 Ordinances — Not to be kept for sale without permit from council 414 253 Storing and keeping of regulated 415 253 Persons having permit to sell to keep sign up 416 253 Selling of regulated 417 253 Conveying of through streets regulated 418 253 Penalty for concealing, etc 419 254 Duty of person keeping, in case of fire 420 254 Gutters. Ordinances— Of buildings in fire limits to be of fire-proof material 378 243 To be kept clean in front of premises 645 313 GENERAL INDEX. 487 H. Hackmen, etc. Laws— Section. Page Power to license, regulate, etc [421 63 38 Ordinances — To obey commands of police officer at railroad depot 154 189 Amount of license fee required of 424 256 Penalty for pursuing occupation of without license 658 316 Exception in relation to keepers of livery stables 658 316 How licenses for obtained 659 316 City clerk to keep register of 660 317 Number of license to be placed on outside of vehicle 660 317 To wear badge, procured from city clerk 661 317 'Po have lights affixed to vehicle when driven at night 662 317 • Pates of fare for conveying passengers 663 317 Passengers to have ordinary baggage carried free of charge.. 663 318 Card showing rates of fare to be posted in vehicle 664 318 Penalty for violating section 664 318 To remain with vehicle while at railroad depot 665 318 May obtain baggage of travelers 665 318 Not to refuse to carry passengers— penalty 666 318 Packages left in hack. etc., to be delivered at police head- quarters 667 319 Stand provided for use of 675 .321 Not to make a regular stand at other place Q77 321 Subject to regulations of superintendent of police at railroad depots 678 321 Police may order away from public stand, etc— when 679 322 Handbills. Imws— Power to regulate posting and carrying of [17, 181 63 36 Ordinances— N ot to be posted on property without consent, etc 793 357 Hawkees— (See Peddlers.) Laws — Power to license and regulate [41] 63 38 Hay. Laws— Power to regulate inspection and weight of [541 63 39 Ordinances— Weighing of, deduction for pole 249 211 What constitutes a ton of. (See note to section) 249 211 Dealer in not competent to hold office of weigher 255 212 Stacking of near buildings regulated 409 252 Health Depaktment. I^aws— Power to appoint board of health 1761 63 41 Power to establish hospitals, etc 1771 63 41 Power to make health regulations 1781 63 41 Ordinances — Department established 217 204 What officers embraced in 217 204 Board of health, how appointed 218 204 Members of to qualify 219 204 Mayor to be president of the board 220 204 Clerk shall be secretary of 220 204 Board to hold monthly meetings— where 221 204 May make and determine its own rules 221 205 Exercise a general supervision over the public health, cause nuisances to be abated, etc 222 205 Orders of to be certified by the clerk 223 205 Mayor shall cause the same to be executed 223 205 Orders of the board to be obeyed by all persons 224 205 Penalty for refusing to obey 224 205 Board may establish temporary hospitals, etc 225 205 488 GENERAL INDEX Health Depaktment. OrcZmauces— Continued. Section. Page May cause person having contagious disease to be removed without the corporate limits • 226 205 Infected wearing apparel, etc., to be destroyed 227 206 Bills for expenses of board— how certified 228 206 Clerk to keep record of disbursements. 228 206 Duty of physicians to report patient laboring under conta- gious or infectious disease 220 206 Notice to be posted on house of person having small-pox 230 206 Person having small-pox not to go on street, etc 231 206 Duty of physicians and nurses aitending upon persons having contagious diseases — 232 207 Penalty for bringing small-pox into city 2:33 207 Penalty for selling diseased animal, spoiled meat, etc 234 207 Penalty for selling adulterated milk, provisions, etc 2:35 207 Duty of police officers to prosecute 235 207 Duty of druggists selling or delivering poisons 2:36 207 Duty of board of health to inspect slaughter houses, etc.— when 535 283 Health Inspector. Ordinances — Mayor authorized to appoint 237 208 To give bond— compensation of 238 208 Duty of 2:39 208 Shall cause nuisances to be abated 239 208 Authorized to enter and examine buildings and lots, and to cause same to be cleansed, etc 240 208 Penalty for resisting or obstructing health inspector 241 208 To attend meetings of board of health, etc 242 209 Consult mayor and city attorney 242 209 Members of police force to aid and assist 243 209 Duties of may be performed by policeman— when 244 209 Notify owner of pig-pen or stable to abate nuisance in 527 281 Notify owner of lot to abate stagnant water on 529 282 Notify persons in charge of cattle-pens, etc., to remedy or abate nuisance in 532 282 Notify owner of privy when in offensive condition 541 285 Notify persons throwing filth or rubbish in streets to remove sarhe 648 313 Highways. Laws — Power to compel railroad company to keep track on level with surface of 1271 63 37 Hogs— (See Swine.) Hoops. Laws — Power to prevent and regulate rolling of [92] 63 42 Horses. Laws— Power to regulate speed of [21] 63 36 Power to restrain from running at large [80] 63 41 Ordinances— Unlawful to run at large 300 225 May be taken up by police officer at night 318 229 Indecent exhibition of prohibited 485 272 Riding or driving of, in streets and alleys, regulated 500 275 Not to be left standing attached to vehicle and unfastened 501 275 Persons driving and meeting to turn to right 502 276 Not to be driven upon or across sidewalk— exception 626 307 Not to be unhitched or left before private house, etc 641 312 Not to be unhitched or fed on paved streets 642 312 Horse Railroads. I^aws— Power to permit, regulate or prohibit [241 63 36 No permit for longer time than twenty years [241 63 36 Power to grant use of street for— how exercised [90] 63 42 Charter of Springfield City Railway Company 883-887 388-390' GENERAL INDEX. 489 Horse Railroads— Continued. Ordinances— Section. Page Unlawful to construct or use in street or avenue without con- sent of council, etc 586 297 Company operating or maintaining to keep track on level with street surface, etc 587 297 Tracks of, how laid— to be planked or paved between rails 587 297 Tram-rail to be used on improved or paved streets 588 297 Construction of under supervision of mayor and street super- intendent-penalty for neglect 588 297 Company or person operating to procure license for cars 589 297 Amount of license fee to be paid for each car 589 298 Licensed cars to have right of way to their tracks. 590 298 Tracks of. not to be obstructed by persons or vehicles 590 298 Stopping of cars at street intersections regulated 591 298 Cars to be run at all reasonable hours, etc 592 298 Cars to be numbered and lettered 592 298 Duty of company to pave track of, when street is ordered paved 579 362Ji Track of, on Fifth street 884 390 Track of, on Monroe and Walnut streets 893 392 Track of, on Second street. Capital avenue. Sixth, Washington and Ninth streets 899 393 Track of, on Eleventh p.nd Washington streets 901 393 Track of, on north Second. Carpenter and Rutledge streets, and part of North Grand Avenue 919 397 Track of, on south Eleventh street and part of South Grand Avenue 935 401 Ordinance concerning side-tracks and switches 941-2 402 Horse Troughs. Laws— Power to regulate, 1171 63 36 Hospitals. Laws— Power to establish and regulate .L77J 63 41 Ordinances— Board of health may establish temporary 225 205 Hotels. Laws — Doors of to open outward 298 118 Ordinances— Doors of egress from to be so swung as to open outward 507 276 Penalty for failing to comply, etc 507 276 Houses of Ill-Fame. Laws— Power to suppress within city, and within three miles of the boundaries thereof [451 63 38 Unlawful to license 249 103 Ordinances— Penalty for keeping or maintaining. 494 274 Penalty for leasing building to be used for 495 274 Penalty for being an inmate of, or found in 496 274 Penalty for enticing female or minor into. 497 275 Character of— how proven : 498 275 Person not subject to fine for giving testimony against 499 275 House Numbering. Laws— Power to regulate [22J 63 6 Ordinances— To be in conformity with decimal system 745 345 Washington street the dividing line for, on streets running north and south 745 345 First street the dividing line for, on streets running east and west 745 345 490 GENERAL INDEX. House Num 2 eeing. Grdmances— Continued, Section. Pasje Numbers of blocks, etc.— how regulated 745 :t46 Duty of city engineer to assign numbers, etc 746 346 Owners to have houses numbered— penalty for neglect 747 346 Hydkants— (S ee Water- Works.) Laws— Power to regulate construction of I57J 63 39 I. Idiots and Lunatics. Ordinances— To be temporarily provided for by city 751 348 When at large and dangerous, to be confined 752 348 Superintendent of police to notify the proper county officer of 752 348 Illegal Voting— (S ee Elections.) Illinois Centbal Railkoad Company. Ordinance granting permission to cross Seventh and Eighth streets with two side-tracks 867-870 383-4 Impeisonment. Jjaws— Power to order, etc 69 44 N ot to exceed six months for one offense 197 81 Ordinances— Vagrant may be imprisoned for six months 524 280 Impeovements, Laws— When made by general tax 132 62 When by special tax— how made 133 62 Manner of apportioning assessments for 140 64 Making of, to be let by contract, etc 165 71 Incoepoeation of City undee Geneeal Law. Ordinance submitting question to electors of city 823-825 368-9 Result of election on 369 Indebtedness. Laws— Limited to five per centum of valuation LSI 63 34 Indecency. Laws— Power to suppress and prevent (45,591 63 38-9 Ordinances— Penalty for making indecent exposure of person, etc 484 272 Penalty for writing or drawing indecent sentence or figure 485 272 Indecent exhibition of animal prohibited 485 272 Penalty for selling indecent or lewd books, etc 486 273 Exhibition of lewd or indecent play— penality for 487 273 Inspzctoe of Oils— (S ee Oil Inspection.) Inspectoe of Weights and Measuees. Laws— Power of council to provide for [551 63 39 Ordinances— Appointment to office of— when 257 212 Bond of 258 213 Comptroller to procure standards for 259 2-'3 GENERAL INDEX. 491 Inspector of Weights and Measures. Ordinances— Continued. Section. Page Duty to inspect and stamp all weights and measures once in each year 260 213 Duty of, on complaint being made, etc 261 213 To make charge only for yearly inspections— exception 261 213 Inspect city scales without charge 261 213 To condemn incorrect instruments 262 214 Use of condemned weights or measures prohibited 262 214 Keep register of inspections, and report to council 263 214 Use of uninspected weights and measures prohibited after 1st of November. 1884— penalty 264 214 To have access to all buildings and rooms 265 214 Penalty for refusing to exhibit weights, etc., or for hindering or obstructing inspector. . 265 214 Duty to keep an office and office hours 266 214 Deliver register and standards to his successor 266 214 Penalty for using unlawful weightsor measures 267 215 Pees of inspector— (See Fees and Salaries.) (See, also. Weights and Measures.) Insurance Companies. Laws— Tax on foreign— agents of to pay Ill 56 Tax on net receipts of foreign 261 103 Cities having an organizeci Are department may levy tax or license on of not exceeding two per cent 251 104 Ordinances— Rate of license fee to be paid by agents of ... 424 256 Two per cent, required on all premiums 748 347 Agents of to render account to comptroller in January and July of each vear 749 347 License to be th( n issued by city clerk 749 347 Penalty for failing to account, etc 750 347 Issuing Warrants on Treasurer. Laws— When warrants may be drawn 252 104 Issued in anticipation of taxes 253 104 Interest— (S ee Bonds.) Intoxication. Laws — Power to prevent, etc [591 63 39 Ordinances— Punishment for 482 272 J. Jail. Laws— City may use county jail for confinement of offenders [701 63 40 Judges. Laws — Of county— when to call election for organization of city 5 22 Judges of Elections. Laws— How appointed >■ 57 33 May appoint clerks of election to fill vacancies 58 33 To make returns to city clerk 58 33 May choose clerks for town elections 241 99 To make separate returns of town elections 241 100 Constitute a board of registry 242 101 492 GENERAL INDEX. Judges of Elections— C ontinued. Section. Page Ordinances— To be appointed by council thirty days before regular election * 335 232 Clerk to cause to be notiflf^d of appointment a35 232 Vacancies among— how filled 33G 2:33 May appoint clerks when necessary to fill vacancies, etc 337 233 Ballot-boxes and poll-books to be delivered to by clerk 3:38 233 To make proclamation of opening and closing of polls :340 233 To make returns to clerk within two days after election 342 234 Compensation of 372 241 Judgment. Laws— Against city— borrowing of money to pay-. 91 51 In condemnation proceedings 126-130 60-l In special assessment proceedings 145-149,150 66-7 On special tax for sidewalks 325 130 Ordinances— Executions to be issued on, when in favor of city 116 181 Appeals from, in city cases 119 182 Junk Stoees— (S ee Keepers of Junk Shops.) JUKISDICTION. Laws— Territorial, of city council 45 29 General powers of council 63 34 Over bawdy and disorderly houses [451 63 38 Over cemeteries [791 63 41 Over packing houses, renderies, etc [811 63 41 Of justices of the peace 70 45 Of city government over waters 72 45 Of police magistrates. 287 114 Of council to pass ordinance for preservation of water- works 394 152 JUEOKS. Laws— In commendation proceedings 123,124 60 In spf^cial assessments 146 66 Inhabitants of city competent as 175 74 Ordinances- In justices’ courts 169 192 Justices of the Peace. Laws — Jurisdiction of, etc 70 45 Jurisdiction in cases for violations of city ordinances 255 105 Number of may be regulated by council, but shall not exceed number allowe'd by law 283 112 Ordinances— Suits for recovery of fines, etc., to be brought before 160 190 Issuing of summons against incorporated company, etc 162 190 To do ket city cases 163 191 Mode ol procedure in courts of 164-171 191-2 Monthly reports by to council— how made 172 192 To pay moneys collected for city into treasury monthly 173 192 In case of failure to pay, suit to be brought on official bond... 173 193 Failing to hold court, or pay over what council may order 174 193- K. Jt Kansas Stkeet. Ordinance for vacating a part of 959 407 Keno Table— (See Gaming). ' GENERAL INDEX. 493 Kekosene. Ordinances— Section. Page Penalty for selling explosive substances by lamp or gas-light 417 253 Kite Flying. Laws— Povrer to prevent and regulate 1.921 63 42 Ordinances— ' , Prohibited in parts of city devoted to business 403 276 L. Labor. Laws— Of prisoner within or without city prison 69-197 44-81 Council may require of male inhabitants on streets 327 131 Power to enforce by fines and penalties t28 131 Ordinances— Able-bodied male prisoners to be delivered by prison keeper to street superintendent 190 197 Superintendent of streets to receive when practicable, and compel labor of on streets, etc 190 197 Amount allowed prisoner for each day’s work 190 197 Refusing to labor, not allowed any credit on fine 192 197 Duty of superintendent to report names, etc., of prisoners laboring 194 198 Ladder. Ordinances— When owner of building required to provide 391 146 Lamps— (See Street Lights.) Lands. Laws— City may require and hold for corporate purposes 10 24 Power to levy taxes on 63 34 Compensation to be made for when taken'or damaged for local improvement ' 124,125 60 Commissioners to assess amount of benefits to by improve- ment 140 64 Effect of judgment against for improvement 149 67 Proceedings to sell for special assessmnnt 154,155 68-9 City may purchase at sale of for special assessment 160 70 City may take and condemn for water- works 170 73 Assessment of special tax against for sidewalks 321 127 Bights of owner of in case of vacation of street 330 132 Bight of water commissioners to enter on and condemn 383,384 149 Lard. Laws — Power to regulate sale of L50] 63 39 Power to regulate inspection of 1531 63 39 Ordinances— Sale of adulterated prohibited 235 207 Bendering of tainted within city a nuisance 534 283 Consent ol council required to establish rendery for without city limits, and in one mile thereof. 534 283 Penalty for tainting the air, etc., by rendering 534 283 Laws. Prior laws continue in force when not inconsistent, etc 6 23 Law Department— (See City Attorney.) Lewdness— (See Indecency.) 494 GENERAL INDEX. Licenses. Laws— Section. Page Power to fix the amount, terms and manner of issuing and revoKing 141] 63 34 Liquor license not to extend beyond municipal year [461 63 38 Moneys collected for to be paid into city treasury 68 44 How license for keeping dram-shop may be granted 236 97 Farmers and gardners may sell produce without 256 105 Ordinances— Mayor may grant and reyoke 4 157 To be issued and attested by city clerk 19 160 Clerk’s fees for issuing and certifying transfer of 370 240 Unlawful to carry on certain kinds of business without 421 255 Persons required to be licensed to register with clerk 422 255 Persons doing business in co-partnership to pay but one license fee— when separate fee 423 255 Fee fixed for each business or occupation required to be licensed 424 255 Fee for auctioneer’s license [1] 424 255 Fee for ball or pin-alley keepers [2] 424 255 Fee for keepers of billiard and other like table ]3] 424 256 Fee for brokers and money changers [41 424 256 Fee for brokers of real estate * [51 424 256 Fee for brewers and distillers [6] 424 256 Fee for local agents of foreign brewers, etc [7] 424 256 Fee for draymen and owners of job wagons, etc [8] 424 256 . Fee for exhibition of curiosities [91 424 256 Fee for hackmen and omnibusmen [101 424 256 Fee for hawkers or peddlers [11] 424 256 Fee for horse railway cars [12] 424 256 Rate to be paid by agents of foreign insurance companies. [131 424 256 Fee for keepers of public scales [141 424 257 Fee for keepers of lumber yards [151 424 257 Fee for keepers of liyery stables [161 424 257 Fee for keepers of ordinaries [171 424 257 Fee for keepers of fruit and candy stands on sidewalks [181 424 257 Fee for keepers of shooting galleries [191 424 257 Fee for keepers of second-hand stores [201 424 257 Fee for keepers of junk-shops [211 424 257 Fee for porters and runners [221 424 257 Fee for pawnbrokers [231 424 257 Fee for retailers of liquors [241 424 257 Fee for wholesale dealers in liquors [251 424 257 Fee for vendors of fresh meats [261 424 257 Fee for vendors of milk from wagons [271 424 257 Fee far circus and side-shows [281 424 257 Fees for theatrical and other such amusements [291 424 257 Fee for yearly license to proprietor of opera house, etc [291 424 258 Certain shows or entertainments exempt from [291 424 258 When license fees to become due and payable 425 258 Municipal year fixed for purposes of license 425 258 Penalty for carrying on business without license 426 258 Application for— how made, etc 427 258 Form of license 428 259 Bonds required of applicants— in what cases 429 259 Conditions of bond 430 259 Mayor to receive. application for license 431 260 Declining to grant, shall report to council 432 260 Not to be granted for longer term than one year 433 260 Manner of issuing— when to expire : 432 260 Not assignable, etc., without consent of mayor or council 433 260 Holder of, not to act under at more than one place at a time... 433 260 Manner of certifying mayor’s consent to transfer of 434 260 Assignee of to give new bond 434 260 To be countersigned by comptroller 435 261 Subject to all ordinances in force at the time of, etc 436 261 Persons receiving to post up in place of business 437 261 Penalty for neglecting to keep posted up 437 261 In case of death of person licensed, partner or legal repre- sentative may act under 438 261- City clerk to keep license register, and report to council on first Monday in each month 439 261 Duty of clerk to notify persons whose licenses have expired. . 440 262 Not to be didivered until all fees thereon are paid 441 262 Superintendent of police to examine license register, and prosecute all persons acting without 442 262 GENERAL INDEX. 495 Licenses. Ordmance.s— Continued. Section. Page Bonds and amount of fee required of applicants for license to retail liquors 444 263 Board of water commissioners may issue to plumbers in con- nection with water- works 716 337 Fee for license to exhibitors of lung-testers, etc 727 340 Fee for to scavengers 777 353 Lien. Laws— Special assessment a lien from date of judgment 149 67 Special assessment a lien until paid 166 72 Water tax a continuing lien 172 74 Warrants issued in anticipation of taxes 253 104 Special tax for sidewalks 325 130 Assessments for use of water by water commissioners 370 145 Lights. Laws— Power to regulate use of in stables, shops, etc [651 63 40 Ordinances— Use of in carpenter shops, etc., regulated 394 248 Lighted candles or lamps not to be carried into barns or stables without being enclosed, etc 401 250 Limits. Laws— Of the city, defined 339-344 136-138 Lincoln Monument. Ordinance making donation of certain ground for 826,827 370-1 Ordinance authorizing mayor and clerk to convey certain land to monument association 828-830 371-2 Liquces and Liquor Sellers. Laws— Power to license and regulate sale of [46-481 63 38 How license may be granted for keeping dram-shop 236 97 License for sale of malt liqours— penalty for violating 238 98 Ordinances— Penalty for selling or giving away without license 443 263 How license to sell by retail obtained 444 263 Amount required to be paid for license 444 263 License may be revoked by mayor— when 445 264 License to be conspicuously posted in place of business 446 264 Person licensed not to employ minors, nor 447 264 Not to sell liquors to minors without written order from parent or guardian 447 264 Minors and habitual drunkards not to remain in or about saloon 448 264 Saloon keeper not to permit drinking to excess in his place of business 449 265 Not to sell to habitual drunkard after notice, etc 450 265 Person licensed to retail liquors not to permit boisterous con- duct, quarreling, etc., in his place of business 451 265 Licensed saloon keeper authorized to arrest persons guilty of disorderly conduct in saloon 452 265 Gaming for money in saloon or place of business prohibited... 453 265 When saloon or dram-shop declared to be a disorderly house, etc 454 265 Penalty for supplying prisoner with liquor— exception 455 266 Penalty for keeping open saloon after 12 o’clock at night 456 266 Saloon or dram-shop not to be kept open on election days 457 266 Retailer of liquors to procure and keep posted up copy of ordi- nance relating to his business 458 266 Dram-shop defined 459 267 Duty of police officers to enforce provisions of article 460 267 Wholesale dealers in liquors to take out license 461 267 496 GENERAL INDEX. Liquoks and Liquor Sellers. Grdmawces— Continued. Section. Page Brewers and distillers of to be licensed Manner of applying for and obtaining license Perons licensed to sell in quantities over one gallon, not to sell or give away to be drank on premises Pharmacists not to sell liquors without permit Fee to be paid by pharmacist or druggist for permit. J. Bond to be given by How permit issued— what it shall state No permit for longer term than one year— when to expire Penalty for selling contrary to permit Mayor may revoke, etc Penalty for keeping open dram-shop or drinking saloon on Sunday 461 267 462 267 463 267 464 268 465 268 465 268 466 268 467 268 468 268 469 269 522 279 Livery Stables. Laws— Power to regulate [821 Power to license [911 Ordinances — License fee fixed for keeping When nauseous or offensive, owner of deemed guilty of main- taining a nuisance 63 41 63 42 424 257 531 282 Local Improvements— (See Special Assessments.) Locomotives. Laws— Power to regulate speed of [211 Ordinances — Not to be stopped or left on street or crossing longer than five minutes at a time Whistle of not to be sounded within city— exceptions Speed of. in city, regulated Bell of to be rung while running through city , To have lights in the night time Opening cylinder cocks of, for discharge of steam, regulated.. 63 36 581 295 582 296 583 296 584 296 585 296 576 296 Lotteries. Laws — Power to suppress [451 Ordinances— Penalty for setting up or maintaining Penalty for permitting on premises, etc Sales depending on change or hazard declared gaming Lumber. Laws— Power to regulate inspection and measuring of [541 63 38 492 274 492 274 493 274 63 39 Lumber Yards. Laws— Power to license 1911 Power to regulate and prohibit in fire limits [931 Ordinances— Establishment of, within fire limits, prohibited Keepers of to stack their lumber in compact piles Shavings or straw not to be deposited near Amount of license fee to be paid by keepers of 63 42 63 43 382 244 384 245 384 245 424 257 ‘Lung-Testers. Ordinances— License required of 727 340 GENERAL INDEX. 497 * M. Manufactokies. Laws— Section. Page Power to regulate, etc [631 6.3 40 Ordinances— Buildings used for, of more than two stories in height, to have fire escapes 397 249 When nauseous or offensive a nuisance 531 282 Discharge of steam from into public sewer prohibited 600 300 Maps and Plats— (See Additions.) Laws— To be approved by city council 174 74 Markets. Laws— Power to establish, etc [491 63 39 Market Street. Ordinance for changing name of 955 406 Marshal, City. Laws— Power to provide for election or appointment of 74 45 Duties and powers of 74 46 Materials. Laws— Estimate of cost of for local improvement . — 136 63 Bill of cost of for laying down sidewalk 323 128 (See, also. Supplies.) Mayor. Laws— When to submit question of city incorporation 1 21 Give notice of such election 2 22 Qualifications of mayor 15 26 Term of office 15 26 Vacancy in office of— how filled 16,17 26 Council may elect mayor pro fcm— when 18 26 When office of shall become vacated 19 26 Preside at meetings of city council 20 26 Shall give casting vote in case of a tie 20 26 Power to remove any officer appointed by him 21 26 Shall report reasons for such removal to council 21 26 His power to preserve the peace 22 27 May release persons imprisoned, etc 23 27 General duties of 24 27 Power to examine records 25 27 Messages to the council : 26 27 Power to call out the militia, etc 27 27 May be removed from office for malconduct, misfeasance, etc. 28 27 May appoint persons to revise ordinances 29 27 May call special meetings of city council 46 30 May veto ordinances or items therein 47 30 When to be elected 50 30 When may call special election 61 33 Shall be elected 73 45 Appoint all appointive city officers 75 46 Oath and bond 76 46 Not to hold other office 81 48 Shall be conservator of the peace 84 48 I’o wer to make arrests 84 48 Compensation of 85 49 May administer oaths and affirmations 88 50 To approve contracts for public improvements 165 71 —32 498 GENERAL INDEX. Mayor. Lato.s— Continued. Section. Page To have map made when territory is annexed to city 208 84 Make certificate to auditor for registration of bonds 219 90 To execute city bonds 226 93 Approval and veto of ordinances 258 106 When salary of may be fixed 261 106 May determine when vacancy exists in an appointive office. . . 269 109 May appoint oil inspector.. 270 109 Trustee of police and fire relief fund 290 115 May prohibit use of public buildings— when 300 119 Sign deeds to lots in Oak Ridge Cemetery 347 139 Ordinances— Bond to be given by 1 157 Office of at city hall 2 1.57 Sign commissions, permits, etc 3 157 Grant licenses for purposes authorized by ordinance, etc 4 157 Supervise conduct of officers — 5 158 Appoint officers, fill vacancies 6 158 Perform other duties 7 1.58 Appoint standing committees of council 12 159 Appoint city comptroller . 29 162 To approve employment of additional counsel 32 163 Inspect comptroller’s books, etc ... 33 163 Sign warrants upon the treasurer 36 164 Examine treasurer’s books and papers .56 168 Appoint city collector 60 169 Member of department of public works 71 172 Appoint city engineer 73 172 May require engineer to make plans, etc 75 172 May require him to superintend public work 76 172 . Appoint street superintendent 85 174 Orders of to be carried out bv street superintendent 89 175 Advertise for bids for public improvements 101 178 Open bids and award contracts 103 178 Approve contracts and bonds 106 179 Sign warrant for payment when contract completed 110 180 May authorize appeal in certain cases 119 182 Appoint superintendent of police / 126 184 Appoint sergeant and police patrolmen 137-141 186 Designate day and night policemen 143 187 May appoint special patrolmen 144 187 May, upon application, appoint watchmen 159 189 Appoint prison keeper 178 194 Appoint fire marshal 197 199 Appoint firemen, upon recommendation of fire committee 206 201 Appoint board of health 218 204 Shall be president of board of health 220 204 Appoint health inspector 2.37 208 Appoint city weigher 245 210 Appoint inspector of weights and measures 257 212 Appoint managers of Oak Ridge Cemetery 280 219 Sign cemetery deed. 287 221 May issue proclamation for the muzzling of dogs— when 323 230 Grant permits for buildings in fire limits 388 246 A member of committee to determine fire escapes 396 248 Sign permit for keeping and selling gunpowder 414 253 May grant applications for licenses 427 2.59 Approve license bonds 430 259 Receive all applications for licenses 431 260 Refusing to grant, shall communicate to council 431 260 May consent to transfer of license 434 260 May revoke license after notice, etc 436 261 Application for liquor license made to— how granted, etc 444 263 May grant permit to pharmacist to sell liquor for certain pur- poses 465 268 May revoke permit, whenever, etc 469 269 May remove officers appointed by him 556 289 Supervise laying of horse railroad track in street 588 297 Enforce provisions of section relating to sewer connections.. 605 301 May give permission for making excavation in street 628 309 when permission to be in writing 628 309 May grant permit for removal of building through street 638 311 Inspect new street lamps with gas committee 650 314 Duty to see that the public lamps are kept in order 652 314 May give permission for removing pu])lic lamps 654 315 Concur with superintendent of police in prescribing rules for drivers of licensed vehicles about railroad depots 678 321 GENERAL INDEX. 499 Ma-oe. Continued. Section. Page May grant permit for concert in licensed saloon 725 340 May provide temporarily for unprotected idiot or lunatic 751 348 May inspect books of pawnbroker 760 350 Authorized to grant license to scavenger 776 353 Books of second-hand and junk-dealers to be open to inspec- tion of 789 356 Setting of telegraph and telephone poles to be under direction of, with street and alley committee 796 .358 Duty of in regard to funding city bonds 820 367 Mayoe— Pro tern. Laws— Council may elect, during temporary absence of mayor 18 26 Measuees— (See Weights and Measures.) Meat. Laws— Power to regulate sale of 1501 63 39 Power to provide for inspection of 1531 63 39 Ordinances— Penalty for selling tainted or spoiled 234 207 Police officers may seize and destroy unwholesome 234 207 License fee required from vendors of fresh— exceptions 424 257 Meetings. Laws— Mayor to preside at council 20 26 Council may prescribe time and place of .38 29 By whom special meetings of council maybe called 46 30 Of board of education 360 142 Ordinances — Regular of council— when and where to be held 8 159 Special of council— how called 9 159 Board of health to hold monthly, etc 221 204 Board of Oak Ridge managers to meet as often as once a month 282 219 Menageeies. Ordinances — License fee to be paid for 424 257 Mendicants. lyaws— Power to restrain and punish [74] 63 41 Meechandise. Ordinances — Not to be placed or set out on sidewalk more than three feet from building 621 306 Sidewalks not to be incumbered longer than necessary in receiving or delivering 622 306 Streets not to be obstructed or incumbered with 647 313 Militia. T^aws— May be called out by mayor 27 27 Milk. Ordinances— Penalty for selling adulterated — 235 207 Samples of may be taken, etc 235 207 Peddlers of from wagons to pay license fee— amount of 424 257 500 GENERAL INDEX. Minors. Laws— Section. Page Power to forbid and punish selling liquor to [481 G3 39 Power to forbid keepers of second-hand and junk stores from purchasing articles from, etc [95'] 63 43 Ordinances— Employment of in saloons prohibited 447 264 Sale of liquor to not allowed, without written order, etc 447 264 Not to loiter or remain about saloon or dram-shop 448 264 Gaming by in saloons 454 265 Penalty for permitting to remain in bawdy house 497 275 Pawnbrokers not to receive property of 762 350 Second-hand and junk-dealers not to purchase articles from— exceptions 788 356 Minstrels— (See Amusements; also. Shows.) Misdemeanors, Title to chapter xviii of general ordinances 270 Month. Ordinances— How word construed 571 293 Money Changers. I^aics— Power to license 1911 63 42 Ordinances— Amount of license fee fixed for j. 424 256 Term defined ( 740 344 Penalty for carrying on business without license 741 344 Mules. Ordinances— Speed of regulated, when riding or driving through streets.. . 500 275 Municipal Year. Laws— The term construed 177 75 Ordinances— Established for license purposes 425 258 N. Name. Ordinances — Of defendant unknown— how may be designated i 165 191 True name, if known, to be place'l on docket 166 191 How case docketed against unknown owner of impounded animal 308 227 Names of Streets. Ordinances— To be placed upon the public lamps 650 314 GENERAL INDEX. 501 Newspapers. Laws— Section. Page Publication of elec’tion notices in 57 33 Publication of certain ordinances in 55 43 Publication in of assessments by Avater commissioners 373 145 Ordinances— Mayor to advertise for proposals for public work loi 178 Noises and Disturbances. Laws— Power to prevent and suppress 1721 63 41 Ordinances— Penalty for disturbing the peace by loud and unusual noises. . 471 270 Penalty for disturbing lawful assembly by 475 271 Non-Residents. Laws — Condemnation of property of 122 59 Notices. Laws— Of election for change of city organization 2 22 Of election for organizing a city 5 23 Of election in towns after change of organization 7 23 Of general election 57 33 To be given elected or appointed officer 50 33 Of special elections 62 34 . Of special assessment 142 65 For collection of special assessment 152 57 Of proceedings for annexing territory to city 203 83 Judicial notice 210 85 Of election on question of issuing bonds 218 88 Of surety to officer for release from official bond 228 94 Of assessments by water commissioners 373 145 Ordinances— Of special meetings of city council 17 160 To officer for settlement of his accounts 37 164 To council when appropriation exhausted 39 165 For proposals for public work 101 178 Superintendent of police to take of nuisances, etc 130 185 To police magistrates and justices to pay over moneys col- lected 173 193 Of escape of prisoner 194 198 Of small-pox— where posted 230 206 To owner or user of incorrect weight or measure 262 214 To owner of impounded animal 306 226 Of sale of impounded animal. 311 227 Of general and special elections 333,334 232 To judges and clerks of election of their appointment 335 232 Topersonsofelectionorappointmenttooffi.ee 344 234 Of intention to contest election of alderman 348 235 To owners of wooden building in fire limits, when a nuisance.. 381 244 Of fire marshal to owner of building to put in safe condition.. 395 248 To place fire-escapes on building 397 248 Of fire marshal concerning combustible materials 409 252 To fire marshal of gunpowder in burning .building 420 254 Of city clerk to persons to renew or take out license 440 252 To liquor dealer not to sell liquor to habitual drunkard 450 265 To owner of premises to abate nuisance on 526,527 281 To owner or lessee of livery stable, etc., when nauseous 531 282 To owner or agent of building, when a nuisance 536,537 284 To owner of vault or privy, when offensive 540 285 To officer to surrender books and papers 555 288 3’o railroad company to change grade, etc 577 294 To railroad company to place lights or keep flagman 580 295 Of street superintendent to abate sidewalk nuisance 618 305 To remove obstructions from sidewalk 622 306 To owner of building encroaching upon street 637 311 To remove merchandise or fuel obstructing street 647 313 To contractor for lighting streets to remedy defective lamps... 652 314 Of assessments for water rents 684 324 To remove awnings in fire limits when a nuisance 734 342 502 GENERAL INDEX. Notices. Grd?.??a»,cp.s— Continued. Section. Page To remove awning without fire limits when dangerous 736 343 To county officer to provide for idiot or lunatic 752 348 To remove barbed wire fence 766 351 Of scavenger— where to leave orders 780 354 To clerk of removal of second-hand or junk-dealer..' 786 355 To remove unlawful signs, etc 791,792 357 To telegraph company to remove pole— when 795 .358 To trim trees when obstructing streets, etc 801 359 Nuisances. Laws— Power to define and abate 1751 63 41 Power to impose fines for creating or continuing [751 63 41 Power of managers of Oak Ridge Cemetery to declare, within half mile of cemetery 353 140 Ordinances— Superintendent of police to take notice of 130 185 Board of health to cause to be abated 222 , 205 Health inspector to cause to be removed 239 208 Penalty for neglecting to abate, after notice 241 208 Cemetery established contrary to ordinance declared a nuisance 268 216 Dogs running at large— when declared to be .320 229 When wooden building in fire limits declared a nuisance 381 244 When building or premises deemed a nuisance 526 281 Pig-pens, stables, etc.— when a nuisance 527 281 Penalty for discharging filthy matter on street, etc 528 281 Lots or premises— when a nuisance 529 282 Duty of agent or occupant of premises to abate 530 282 Owners of livery stables, gas works, etc., not to permit to be- come foul or offensive 531 282 Cattle-pens. stocK yards, etc.— when nuisance 532 282 Slaughtering of animals within city declared to be 533 283 Slaughter or packing house without city, when offensive and unwholesome, deemed a nuisance 533 283 Bone or soap factory, or lard rendery, in city, a nuisance 534 283 Without city, when offensive, etc., deemed a nuisance 534 283 Duty of board of health to visit and inspect slaughter houses, soap factories and renderies— when 535 283 When building a nuisance— how abated 536,537 284 Scaffolds, when’dangerous, deemed a nuisance 538 284 Construction of water-closets and privies regulated— when deemed a nuisance 539,540 285 When privy vaults may be emptied 541 285 Penalty for creating, committing or continuing... 542 285 Concerning nuisances not herein defined 542 285 Sidewalk— when declared to be 618 305 Owner of premises failing to remove snow from sidewalk deemed guilty of maintaining 627 307 When awning declared to be a nuisance 734 342 Numbeeing oe Buildings— (See House Numbering.) Nukse. Ordinances— Of small-pox patient not to go on street without changing wearing apparel 232 207 O. Oak Ridge Cemeteey. Laws— Described and established 345 138 Manner of laying out and selling lots in 346 138 Manner of transferring lots 347 139 Clerk shall keep a cemetery record 348 139 Lots in— how held— used only for cemetery purposes 349 1.39 GENERAL INDEX. 508 Oak Ridge Cemetery. Xa?o.s— Continued. Section. Page No public road to be laid out throujjh :t50 140 Records of cemetery— where kept, etc :i51 140 Council may prescribe additional rules concerning 852 140 Limits of extended— powers of the managers, etc 353 140 Ordinances— Description of cemetery grounds— acres contained in 278 218 Plat of not to be changed except by order of council 279 219 Board of managers, appointed annually 280 219 How qualified 281 219 Meetings of the board— organization of— secretary 282 219 Board to have control and charge of cemetery 283 219 May employ necessary laborers and workmen 283 220 Npt to be interested in contracts for 283 220 Appraisal of squares or lots in cemetery— how made 284 220 Manner of expending receipts 285 220 When consent of council required to expenditures 285 220 City clerk to keep plat of grounds, and record of appraisals and sales of lots 286 220 Applications for lots or graves— to whom made 287 220 Mannpr of purchasing lots or graves in 287 221 Form of deed for 289 221 Cemetery account kept by clerk and treasurer 288 221 Grounds set apart for different purposes 290 221 The board to regulate improvement of squares, etc 290 221 No avenue or alley in to be closed up— exception 290 222 Sexton of cemetery— how appointed 291 222 Compensation of paid by the board 291 222 Duty to keep and preserve the grounds in order 292 222 To enforce ordinances relating to cemetery 292 222 Power to arrest persons trespassing in 292 222 Shall be subject to orders of the board of managers 292 222 Keep a plat of cemetery, and list of squares or lots sold in 293 222 Interments in— how made, etc 294 223 Duty of sexton relative to interments 295 223 Monthly returns of to city clerk 295 223 Sexton to reside in building at cemetery 296 223 Shall dig, or cause to be dug, all graves, etc 296 223 Penalty for neglect of duty, injuring graves, etc 297 223 Shall deliver records, maps and effects to successor 298 224 Disposition of fines and penalties collected from 299 224 Oaths. Laws— • Required of all city officers 76 46 To be filed in office of city clerk 76 46 May be administered by mayor and clerk : 88 50 Of commissioners to make special assessment 139 63 Refusal or neglect to take causes vacancy in office 268 109 Of oil inspector 271 110 Of members of the board of education 355 141 Ordinances— Comptroller may require when account is presented 35 164 To be taken by assistants of city engineer 79 173 To be taken by appraisers of damaged building 380 244 All city officers to take ai d subscribe 544 286 The word “oath ” deemed to inckide “affirmation” 571 293 Obscene Publications. Laws— Power to prohibit sale of [45] 63 38 Ordinances — Penalty for using obscene language in public place 483 272 Penalty for selling or exposing for sale obscene books, etc 486 273 Penalty for advertising same for sale 486 273 Exhibiting obscene or indecent play prohibited 487 273 Obstructions. Ordinances — Of members of police force in discharge of duty 152 188 Of firemen in the performance of duty 214 202 Of health inspector in discharge of his duty 241 208 50-1 GENERAL INDEX. Obstbuctions. Ordinances— Continued. Section. Page Of sun’t of police, or assistants in impounding animals 316 228 Of officer or assistants in taking up dogs 321 230 Of street crossing by railroad companies 581 295 Of sidewalk by merchandise or fuel ' 622 306 Of streets by builders ; 634 310 Of streets by press of teams and vehicles 644 312 Of streets by merchandise, etc 647 313 Offal.. Ordinances— Rendering of within city prohibited 534 283 Penalty for depositing in sewer 601 300 Not to be thrown into Sangamon river near water-works 691 327 Penalty for depositing in reservoir of water- works 693 328 Offendees. Laws— Who may arrest 84 48 Arrested may be detained over night or Sunday 84 48 Ordinances — Members of police force to arrest 146 187 Able-bodied to be turned over to street superintendent to labor 190 197 Escaping, may be retaken, etc 192 197 Officers to arrest at fire 213 202 Officees. Laws— Election of after change of city organization 7 23 Term of first elected after change of organization 9 24 How removed and restored 21 26 Misconduct, etc., of mayor or other officer 28 27 Power of the council concerning [71] 63 40 What officers to be elected 73 45 Council may provide for additional 74 45 To have no claim for salary when office discontinued 74 46 Duties of may be prescribed by council 75 46 How appointed 75 46 Oath and bond of 76 46 To be commissioned— how 77 46 To deliver property and effects to successor 77 47 Qualification of 78 47 Not to be interested in contracts, etc 79 47 Bribery of— penalty 80 47 Power of certain officers to make arrests 84 48 Compensation of 87 49 To report fees received 87 50 Contracting liabilities by, limited 92 51 May be authorized, etc., to attend tax sale 160 71 May be required to give new bond 227 94 Effect of new bond 229 94 When effects of to be delivered to sureties 230 95 Salaries of, when fixed, not to be changed 261 107 Not to be interested in contracts, etc.— bribery of 265 107 When office to become vacant *. 268 109 Who may determine when vacancy exists 269 109 Election of town officers 280 112 Council may provide for uniting certain 282 112 Ordinances— Mayor to supervise conduct of 5 158 Mayor to appoint 6 158 Monthly reports by to city comptroller 37 164 To furnish statements of condition, etc., of their respective departments to comptroller 47 166 Who not eligible 543 286 To take and subscribe oath and execute bond 544 286 Bonds of to be acknowledged 545 286 Council may require additional security or new bond of 546 287 To be commissioned 547 287 Form of conjmission 548 287 To make reports and furnish information when required 549 287 GENERAL INDEX. 505 Officebs. Ordmartcrs— Continued. Section. Page Liable to city for loss from negligence, etc 550 287 When office of to become vacant 551 288 Not to be absent without obtaining leave 552 288 Not to be interested in contracts, etc 553 288 Penalty for falsely representing, etc 554 288 To deliver effects to successor when ceasing to be .555 288 Mayor may remove— manner of removing 5,56 289 Not to receive salary after removal, etc 557 289 When charge preferred against— action of council 558 289 Proceedings for investigating conduct of 559 289 Malfeasance or misfeasance of— penalty 56o 290 Offices. Laics— Council may create and discontinue 74 45 Term of limited 75 46 Official Bonds— (See Bonds.) Ohio and Mississippi Railway Company. Ordinance giving permission to construct and maintain side track on part of west Madison street 385-388 Oil Inspection. Laws— Appointment of inspector 270 Term of office— deputies 270 Oath and bond 271 Duties of inspector 272 Test of oils— casks to be marked 273 Inspector not to trade in oil 273 Record to be kept by— open for examination 274 Penalty for misconduct in office 275 Penalties on dealers in oils 276 How fines recovered and disposed of 277 Omnibus Dbivebs— (See Hacks, etc.) Laws — Power to license, tax and regulate [421 63 Opening of Stbeets. L^aws— Proceedings for 119 Plats of to be recorded, etc 285 Okdinances. Laws— Prior ordinances in force after change of organization 11 Mayor to take care that they are executed 24 Revision of after change of organization 29 Yeas and nays to be taken on passage of 42 Require concurrence of majority of aldermen elected 42 Concerning health and quai antine— enforcement of 45 To be deposited in offic*- of city clerk 47 Take effect if not signed by mayor, etc 47 How passed over veto 48 General power of council to pass [961 63 Penalty for violating not to exceed ,$200. ..[96] 63 Style of 64 Publication of— when to take effect 65 Proof of, etc 66 Suits for violating— hoAV brought 67 Action for violating -process, etc 69 Require two-thirds vote of council to create an office 74 To be recorded by clerk 83 Eyidence of passage and publication of 83 Making annual appropriations 90 Leyying tax 112 109 109 110 110 110 110 110 110 111 111 38 \ 59 113 24 27 27 29 29 29 30 30 30 43 43 43 43 43 44 44 45 48 48 50 57 506 GENEEAL INDEX. Oedinances. Lato.s— Continued. Section. Page For making local improvement When property is taken for improvement For improvement by special assessment For building or renewing sidewalk Arrest and imprisonment for violating For annexation of territory to city, etc For disconnecting territory from city Record of certified by city clerk Justices have jurisdiction for violation of To be deposited in office of city clerk Items contained in may be vetoed by mayor Passage of over veto Salaries of officers may be fixed in annual appropriation Council may provide by for uniting certain offices For sewerage contract with adjacent city or village For construction of sidewalks What sidewalk ordinance may provide— publication of Council may pass to preserve water- works property Ordinances— City attorney to draw such as may be required, etc To be duly recorded by clerk in ordinance book City clerk to file and preserve originals of Cause ordinances making appropriations or imposing penal- ties to be published Memorandum to be made at foot of record of, etc When to take effect Revised and published ordinances to be deposited with city clerk Who entitled to copies of, etc Repealed to continue in force until, etc Not revived by repeal of repealing ordinance Repeal or modification of— saving provision Construction of singular and plural numbers, etc When provisions of different conflict— how construed How the words “court.” “month” and “oath” to be construed... Meaning of “reasonable time,” “reasonable notice,” etc Power vested in mayor to extend to mayor pro Jem, etc When different penalties provided in different ordinances— how prosecutor may proceed When minimum but no maximum fine fixed, the court may im- pose not exceeding $‘200 All general terms and phrases to be liberally construed General ordinances not included in this revision repealed, so far as they conflict with same Special ordinances and resolutions not repealed, unless repug- nant to provisions of, etc Time of passage of the general ordinance 118 119 134 135 197 200 211 244 255 258 258 259 201 282 317 321 322 394 115 561 562 563 564 565 566 566 567 567 568 569 570 571 572 573 574 575 576 813 814 815 59 59 62 63 81 85 102 105 106 106 106 106 112 125 127 128 152 181 ‘291 291 291 291 291 292 292 292 292 292 ‘292 ‘292 293 293 293 293 293 293 362 362 362 Oedinakies Laws— Power to license and regulate [411 Ordinances— License fee fixed for keepers of What declared to be - Penalty for keeping or conducting without license When connected with dram-shop not to be kept open on Sun- day 63 38 424 257 753 348 754 348 755 349 P. Packing Houses Laws. Power to direct location of and regulate 1811 Ordinances— Not to be established within one mile of city limits without permission of council Penalty for failing to keep premises clean, etc To be inspected by board of health— when 63 41 533 283 533 283 535 283 GENERAL INDEX. 507 Section. Page Pana, Speingfield and Nokthwesteen Railed ad Co. Ordinance granting right of way to. etc 8:^3 373-4 Passengees— (See Vehicles.) Paetition Fences and Paety Walls. Laios— Power to regulate IG)1 63 39 Paupees. Ordinances— Penalty for bringing or leaving in city 525 280 Pawnbeokees. Laws— Power to license and regulate [411 63 38 Ordinances— License fee prescribed for 424 257 Pawnbroker defined 756 349 Penalty for acting without license 757 .349 Manner of applying for and obtaining license— fee for 758 349 To keep book and enter loans in. etc 759 349 Give to person pawning goods memorandum containing sub- stance of entry in book 760 350 Book and articles pawned to be open to inspection, etc 761 350 Penalty for violating certain sections 761 350 Not to take property in pawn from minor 762 350 Not to receive articles in pawn from intoxicated person or known thief— penalty 762 350 License to may be revoked for cause 763 350 Peddlees. Laws— Power to license, tax, regulate and prohibit [411 63 38 Farmers may sell produce of farms, orchards, vineyards and gardens without license 256 105 Ordinances License fee for 424 256 Penalty for spiling goods without license- exceptions 767 351 Canvassing for books, etc., deemed peddling 768 351 Regular commercial travelers exempt from license 768 .352 Penalty for being guilty of fraud or deceit 769 352 Not to enter private house without admission, etc 770 352 Not to vex or annoy any person— penalty 770 352 Penalties. Laws— Misconduct of mayor or other officer 28 27 Ordinance imposing to be published 65 43 Suits for recovering, etc 67 44 For bribery, etc 80 47 On foreign insurance companies Ill 56 On collector for failing to give notice of special assessment. . . 153 68 For returning paid tax as delinquent 157 69 How actions brought to recover. 196 80 For selling other liquors when licensed to sell only malt liquor 238 98 On officer for making false certificate 248 102 On officer for being interested in contracts, etc 266 108 For misconduct of oil inspector 275 110 How recovered and disposed of 277 111 For violating law in regard to recording of plats 285 113 For violating act concerning public buildings 299 118 For running locomotive engine at prohibited speed 301 119 On railroad company for neglecting to place flagman 302 120 For excluding colored children from public schools 311 123 To enforce labor on streets 328 131 For violating rules regulating use of water from water- works 375 147 For violating ordinances concerning the water- works 394 152 508 GENERAL INDEX. Penalties— Continued. Ordinances— Section. For opening or making connection with public sewer without permit from city engineer 82 For refusing to aid police officer when required 149 On member of police force for violation of duty 151 Suits to recover— before whom brought 160 Magistrate collecting to pay into city treasury on or before first Monday of each month 173 Failing to pay— soit to be brought, etc 173 May be worked out on streets— how 190 For refusing to obey order of board of health 221 For resisting or obstructing health inspector 241 For altering city weighers’ certificate 256 For trespassing on cemetery grounds 270 For knowingly permitting animals to run at large 300 For carrying on business without license 426 (See, also, Fines. Commitments, Executions.) Petboleum. Laws— Power to regulate storage of [651 63 Physicians. Ordinances— Penalty for failing to report contagious disease 231 Not to go on street, after attending small pox patient, without changing apparel 232 Sign certificate for burial permit 275 Pin Alleys— (See Ball Alleys.) Laws— Power to license, regulate, etc [441 63 Pitch, Tjaws— Power to regulate [651 63 Ordinances— Boiling of pitch, etc., regulated 406 Plats. Laws— Approval of by council 174 Of highways, streets, etc., to be made and recorded 285 Ordinances — City engineer to keep of grades, etc., of streets 81 City engineer to keep of sewerage districts 598 Plumbebs— (See Water-Works.) Poisons, Ordinances— Sale and delivery of regulated 236 Police Depabtment. Ordinances — Established 124 Of what officers composed 124 Police— [S ee Superintendent of Police.) Laws— Power to regulate and prescribe duties of [66,671 63 Conservators of the peace 1 84 Power to make arrests and execute warrants 84 May be assessed for relief fund 291 Page 174 188 188 191 192 193 197 205 212 216 225 258 40 206 207 217 38 40 251 74 113 173 300 207 184 184 40 48 49 115 GENERAL INDEX. 509 Police— Continued. Ordinances— Section. Page Office of sergeant of police created 136 186 How and when appointed 137 186 Bond of 138 186 shall be secretary of police department 139 186 Perform such other duties as may be required 139 186 May exercise duties of superintendent— when 140 186 Police patrolmen— how and when appointed 141 186 Oaths and bonds of 142 187 How assigned to duty 143 187 Mayor may detail any of for special duty 143 187 Special policemen— manner of appointing 144 187 General duties of the police 145 187 Power to make arrests with or without process 146 187 To execute city warrants or other legal process 147 187 Vested with the powers of constables 147 187 May execute process without city limits— when 148 188 May call for assistance in making arrests 149 188 Penalty for refusing to aid or assist - 149 188 Members of the force to aid the fire department 150 188 Neglecting or refusing to perform duty— penalty 151 188 Penalty for resisting or obstructing police officer 152 188 Penalty for falsely impersonating officer 153 188 Draymen, hackmen, etc., to obey commands of 154 189 Members of police force to be uniformed 155 189 Of what uniform to consist 155 189 Supplied with star or badge, etc 156 189 Deliyer effects to superintendent upon ceasing to be an officer 157 189 May receive salary when disabled 158 189 Watchmen for railroad duty, etc 159 189 Make complaint before magistrate 161' 190 May take recognizance of person arrested 167 191 Attend as witnesses in police courts 170 192 Furnish city attorney with list of witnesses 170 192 Report collections on executions to magistrate 175 193 Deliver person failing to pay fine to prison keeper 180 194 Duty of at fires 213 202 Enforce provisions relating to health 235 207 Aid and assist health inspector 243 209 Mayor may designate to perform the duties of inspector 244 209 Duty of to take up animals unlawfully at large 301 225 May destroy dogs unlawfully at large .324 230 Preserve order at elections 346 234 Fees allowed to for serving process 363 238 Fees of, when collected, to be paid into city treasury 363 238 Enforce provisions of ordinance relating to fires, etc 413 252 Enforce ordinances in relation to licenses 442 262 Enforce provisions relating to retailers of liquors 460 267 Penalty for wearing star of without due authority 554 M . 288 May order removal of obstructions on sidewalks 622 306 May order streets cleared when obstructed by teams 644 312 When may order drivers of licensed vehicles from public stand 679 322 May order the removal of unlawful signs, etc. 791 357 (See, also. City Prison Keeper.) Police Magisteates. Laws — Jurisdiction of in cases arising under ordinances 70 45 Election of and term of office. 287 114 Ordinances— Suits may be brought before for violating ordinances 161 190 Issue summons against incorporated company 162 190 No process necessary when defendant legally arrested 163 190 To docket city cases 163 191 May allow amendments as in other cases 164 191 When name of defendant unknown— how may designate 165 191 ' When true name is known to be placed on docket 165 191 In case of continuance may require defendant to give bond, etc 166 191 Person arraigned before may have trial by jury 169 192 Police to furnish list of witnesses to 170 192 May award judgment for costs against complainant when pro • secution malicious 171 192 How execution issued in such case 171 192 To make monthly reports of fines assessed to council 172 192 510 GENERAL INDEX. Police Magistbates. Ordinances— Continued. Section. Page To pay moneys collected on account of city into treasury on or before first Monday in each month 173 192 Liability of in case of failure to pay over 173 193 When council may direct suits brought elsewhere 174 193 Police officers to report collections on executions to— when. . . 175 193 Concerning persons ordered committed by for non-payment of fine or penalty 180 194 (See, also, Justices of the Peace.) Police and Firemen’s Relief Fund. Laws— How fund created 289 114 Mayor, etc., trustees of fund 290 115 Board to control fund 291 115 Treasurer to give bond for, 292 116 Warrants drawn on treasurer 293 116 Permanent disability, death, annuity 294 117 Who may obtain benefits of 295 117 How money paid out 296 117 Porters and Runners. Laws— Power to license and regulate 142-431 63 38 Ordinances— Amount of license fee to be paid by 424 251 Penalty for pursuing the calling of without license 771 352 Fee for— bond required of 771 352 Keepers of hotels may take out license for 772 352 No two persons to act under one license, etc 772 352 To wear badge with name of hotel thereon 773 353 Penalty against, for misconduct, etc 774 353 Poultry. Laws— Power to regulate sale of (501 63 39 Power to regulate inspection of [531 63 39 Ordinances— Penalty for selling diseased, etc — 234 207 Pounds— (See Domestic Animals.) Laws— Power to establish [801 63 41 Powers. Laws — Of city officers after change of organization 3 22 Of cities organized under general law 10 24 Of mayor pro tern 18 26 General, of city council 63 34 Printing. Laws — Power to provide for letting by contract L94i 63 43 Privies. J^aws— Power to compel owners of to clean [841 63 42 Power to regulate location of [841 63 42 Ordinances— Health inspector to cause to be cleansed 240 208 Construction and location of regulated 5.39 285 When offensive or unwholesome a nuisance 540 285 Penalty for refusing to abate after notice 540 285 Between what hours to be cleaned or empted 541 285 GENERAL INDEX. 511 Peocess. Lams— Section. Pago Suits for violating ordinances— how brought 67 44 Summons first to be issued 69 44 Warrant may issue first, upon affidavit, etc 69 44 Constable or sheriff may serve 71 45 Policemen may serve and execute 84 49 Summons in condemnation suit 122 59 Warrant may issue for violation of ordinance 197 81 Ordinances— Police officers to serve and execute within city 147 187 When policemen may execute without city limits 148 188 Peostitutes— (See Vagrants.) Laws— Power to restrain and punish [741 68 41 Peovisions. Laws — Power to regulate sale of [501 63 39 Power to regulate inspection of [531 63 39 ( h (linances — Penalty for selling unsound or unwholesome 234 207 Public Buildings. Laws— Doors of to open outward, etc 298 118 When may be closed 800 118 Ordinances— Construction of, with reference to doors, regulated 507 276 Penalty against owners of, for failure to comply 507 277 Publication. Laws— Of ordinances in newspapers, etc 65 43 Of ordinances in book or pamphlet form 66 43 Proof of 66 43 Of ordinance for construction of sidewalk 322 128 Public Peace. Ordinances— Offenses affecting 270 Public Moeals. Ordinances— Offenses against 272 Public Safety. Ordinances Offenses affecting 275 Public Peopeety. Laws— Vote required to sell 42 29 Power of council to control [11 63 34 Ordinances— Offenses concerning public and private property 277 Public Woeks— (See Contracts for Public Works.) 512 GENERAL INDEX. Quarantine. Laws— Q. Jurisdiction of council for enforcing regulations of.. Quorum. Laws— Of city council— what shall constitute Section. Page 45 2!» 89 29 R. Railroads. Laws— Power to change location, grade, etc., of [251 63 Power to require fencing of, etc [261 63 When liable for damages to domestic animals [261 63 Power to require flagmen to be kept by [27! 63 To raise or lower track to conform to grade of street [271 .63 To keep open and in repair ditches, culverts, etc [271 63 Tracks of to be laid in street only on petition, etc 190] 63 Speed through cities— damages .301 Flagmen— shelter 302 Ordinances— Companies to raise or lower tracks when required 577 To keep tracks on level with street surface 577 To keep open and in repair suitable drains, etc 577 Penalty for failing to comply, after notice 577 To build or repair crossing, culvert, etc., when required 578 In case of failure, city may construct, etc 579 When street ordered paved, duty of railroad company 579 To keep lights or flagman at street crossing, when required 580 Not to obstruct street or crossing by stopping or leaving locomotives or cars thereon— penalty 581 Whistle of locomotive not to be sounded in city— exceptions 582 Speed of trains, within city, regulated 583 Bell of locomotive to be rung continually, etc 584 Trains running at night to have lights.. 584 Penalty against company failing to comply 584 Discharge of steam from locomotive engines regulated 585 Right of way to Alton and Sangamon Railroad Company on Third street 831,832 Right of way to Pana, Springfield and Northwestern Rail- road Company 833 Right of way to Springfield and Illinois Southeastern Rail- way Company upon west Madison street 834-5 Right of way to Springfield and Illinois Southeastern, Gil- man, Clinton and Springfield, and Springfield and North- western Railway Companies, on Madison street 836-852 Right of way to Springfield and Illinois Southeastern, and Springfield and St. Louis Railroad Companies, on part of East Grand Avenue 857-865 Right of way to Illinois Central Railroad Company for two side-tracks across Seventh and Eighth streets 867-870 Right of way to Ohio and Mississippi Railway Company for side-track on part of west Madison street 871-876 (See, also. Horse Railroads.) 36 36 36 36 36 37 42 119 120 294-362^4 294-362J4 •294-362J4 294- 362^ 294 295- 362i4 295-362i4 295 295 296 296 296 296 296 296 372-3 373 375 376-379 380-383 383-4 385-388 Rates or Fare. Ordinances — For carrying passengers in licensed vehicles regulated 663 317 For carrying, goods or merchandise regulated 671 320 GENERAL INDEX. 513 Real Peopeety. Laws— Section. Page Right of city to hold 10 24 Reconsideeation of Vote. Laws— Not to be done at special meeting unless, etc 43 29 On ordinance when vetoed. 48 30 On, ordinance vetoed 258 106 Recoeds. Laws— Canvass of election returns on organization to be entered on. 3 22 City clerk to keep of proceedings of council, etc 82 48 Copies of, certified by clerk, to be evidence 82 48 Of cities— how certified 244 102 What certificate of to contain 245 102 Sworn copies of 247 102 Of oil inspector 274 110 Of board of trustees of police and fire relief fund 291 116 Of vote of council for vacating street 329 131 Of cemetery 351 140 Of proceedings of water commissioners 377 147 Recoveey. Laws— Of penalty under one ordinance no defense to any other pros- ecution, etc 196 80 Redemptions. Laws— From tax sale on special assessment.. ' 159 7-0 Registeation. Laws— Of municipal bonds 219 89 Of bonds in auditor’s office 223 92 Of electors for municipal elections. 242 101 Release. Laws— Of surety on official bond 228 91 Religious Assembly. Ordinances — Penalty for interrupting 01 disturbing 475 271 Penalty for disturbing on Sunday 518 279 Rendeeies. Laws— Power to regulate, etc •. [81] 63 41 Repoets of Committees. Laws— To be deferred upon request of any two aldermen 44 29 Repoets Requieed. Laws— From mayor on removal of officer 21 26 Of fees received by officers 87 50 Of city treasurer 96,98 52 Of city collector 102 53 Of city comptroller 105 54 Of board of education 357 141 Of water commissioners 378 147 —33 514 GENERAL INDEX. Repoets Requieed— C ontinued. Ordinances— Section. Page Of city comptroller 45,46 166 Of city treasurer ; 57,58 169 Of city collector 64,65 170 Of finance committee 70 171 Of city engineer : 83 174 Of city superintendent of streets 95 176 Of city attorney 120 182 Of city superintendent of police 134 185 Of police magistrates and justices 172 192 Of city prison keeper 183 195 Of the fire marshal 203 201 Of city weigher 252 212 Of inspector of weights and measures 263 214 Of city clerk on burial permits issued 276 218 Of superintendent of police concerning dogs registered 322 230 Of superintendent of police concerning fees received 368 239 Of city clerk concerning fees received 371 240 Of city clerk concerning licenses issued 439 261 Of board of water commissioners 690 326 Of agents of foreign insurance companies to comptroller 749 347 Resignations. Laws— To whom made 267 108 Create vacancy in office L2] 268 108 Resin. Laws— Power to regulate storage of [651 63 40 Resolutions. Laws— Prior in force until, etc 11 24 When take effect 65 43 Reval Steeet. Resolution for changing name of to Pasfield street 406 Revised Oedinances. Ordinances — To be deposited in office of city clerk, etc 566 292 Riots. Laws— Power to prevent and suppress [721 63 41 Ordinances— Penalty against person for riotous conduct 477 271 Roofs— (S ee Buildings.) Runnees— (S ee Porters and runners.) Laws— Power to license and regulate [431 63 38 GENERAL INDEX. S. Salaries. Laws— Section. Of mayor not to be changed during term of office 85 Of aldermen not to be changed, etc 86 Of aldermen not to exceed three dollars for each meeting 86 Of other officers, when once fixed, not to be changed, etc 87 Of city officers, except aldermen, may be fixed in annual ap- propriation ordinance 261 Not to be increased or diminished during term 261 Of water commissioners to be fixed by council 392 (See, also, Fees and Salaries.) Saloons— (See Liquors and Liquor Sellers.) Scaffolds. Ordinances — When insecure or unsafe deemed a nuisance 538 Penalty for erecting or using dangerous. 538 Scales— (See City Weigher.) Laws— Power to license and regulate public [91) 63 Ordinances— License fee fixed for keepers of public 424 Scavengers. Ordinances — Penalty for pursuing occupation of without license 775 Mayor authorized to grant license for removing garbage, offal, rubbish and ashes 776 Amount of license fee and bond required of 777 Business of regulated 778 Rates authorized to be charged by person licensed 779 Vehicle used by to be numbered with number of license 780 License to may be revoked, etc. . : 781 Schools. Laws— School tax— amount authorized to be levied for i 309 Colored children not to be excluded from 310 Penalty for excluding 311 Act to provide for appointment of school , directors, etc., in certain eases 312-3^5 (See, also. Board of Education.) School Property. Laws— Two-thirds vote of all the aldermen required to sell 42 Consent of city council required to purchase, lease or sell 354 Scuttles. Ordinances— When owner of building to provide 391 Seal— (See Corporate Seal.) Laws— Power of city to adopt and change 10 City clerk to keep 82 Certified copies of papers under 82 Board of water commissioners to have — , 362 Ordinances— Corporate, adopted, etc 743 Uses of 744 515 Page 49 49 49 49 106 107 152 284 284 42 257 353 353 353 354 354 354 354 122 123 123 123-125 29 140 246 24 48 48 142 345 345 516 GENERAL INDEX. Second-Hand and Junk Stoees. Laws— Section. Power to tax,' license and regulate ‘ L95] 63 Ordinances — License fee fixed for keepers of 424 Penalty for carrying on business of -without license 782,783 Manner of applying for and procuring license 784 Keepers of allowed to use one or more vehicles 785 Number of license to be affixed to vehicles used 785 Removing place of business— to notify clerk, etc 786 Not to purchase goods or articles of minors without consent of parent or guardian— exception 787 Lost or stolen goods received by to be given up on demand, etc.— penalty for refusing — 788 To keep book and enter in description of articles purchased. . . 789 To enter therein name and residence of persons from whom purchases made 789 Book to be open to inspection, etc.— penalty 789 Secretaey oe Police Department. Ordinances— Sergeant of police to be— duties of 139 Service Boxes. Ordinances— Of gas company— fine for defacing or injuring 514 Sewers and Drains. * Laws— Power to construct and keep in repair [291 63 Power to regulate, etc [57J 63 Power to compel cleaning of [841 63 Power to construct through railroad land [891 63 Adjacent or contiguous cities, etc., may contract for 316 How contract for made by contiguous cities, etc 317 Sewerage fund tax— how levied and collected 318 Page 43 257 354-5 355 355 355 355 355 356 356 356 356 186 278 37 39 42 42 125 125 126 Ordinances— Manner and material of construction To build with reference to being extended Openings and inlets for surface drainage To be constructed and laid in center of street Drainage of private property into effected by lateral Construction of lateral sewers regulated Duty of city engineer to keep maps, etc Connection of private with public sewers not to be made with- out written consent of engineer— penalty Openings into not to be used for conveying off steam Penalty for throwing garbage, offal, etc., into Penalty for defacing, in jurying or obstructing Penalty for changing or filling up natural drain City engineer to make survey of when required No connection allowed with sewers outside city limits, except by two-thirds vote of the council, etc Sexton. Ordinances— Of Oak Ridge Cemetery— appointment of Duties of (See, also. Oak Ridge Cemetery.) 593 299 594 299 595 299 596 300 597 300 597 300 598 300 599 300 600 300 601 300 602 300 603 301 604 301 605 301 291 222 292 222 Sheds. Ordinances— Construction of, in fire limits, regulated 379 243 Shows— (See Amusements, also Licenses.) Laws— Power to license and regulate 1411 63 38 GENERAL INDEX. 517 Show Bills. Ordinances— ' Section. Page Penalty for posting on buildings, etc. , without consent 511 278 Sidewalks. Laws— Power to lay out, establish, etc [71 63 35 Power to regulate use of, etc [141 63 35 Power to regulate traffic and sales upon [201 63 36 Owner of lot may build, and relieve land from assessment for. 135 63 May be built by special taxation, etc 321 127 What ordinance for to provide 322 128 In case owner neglects to construct, etc 323 128 Special tax— duty of city clerk— report 324 129 General officer to obtain judgment against lots for special tax remaining unpaid 325 130 When constructed by owner of property, etc 326 130 Ordinances— Width of regulated 610 303 Council to establish grades for 611 303 City engineer to give temporary grade 611 303 Not to be constructed where no grade established..,. 612 303 Not to be constructed contrary to grade— penalty 612 304 To be constructed of stone or brick in fire limits 613 304 Construction of regulated— curbing 614 304 Superintendent of streets to supervise construction of 614 304 Not to be railed off or raised up near building 615 304 Entrances in, to cellars or basements, regulated 615 304 Not to be buiit beyond established width 616 305 No smooth glass or metal to be inserted in 616 305 Construction of vaults or coal holes under to be supervised by street superintendent, etc ’ 617 305 Out of repair so as to endanger, etc., a nuisance 618 305 Owner of lot or adjacent premises to repair defects in 619 300 Lot owner liable in case of judgment against city on account of defective 619 305 Steps or other fixture not to extend upon more than three feet 620 305 Stairs from to second story of building regulated 620 306 Costruction of cellar doors and grating in regulated 620 306 Goods and merchandise not to set out upon more than three feet from building— penalty 621 306 Not to be unnecessarily obstructed in receiving or delivering merchandise, etc.— penalty 622 306 Penalty for leaving team so as to obstruct 623 307 Penalty for permiting water from roof to spread over 624 307 Iron rings or hitching posts to be placed at curb of 625 307 Penalty for riding or driving over— exception 626 307 Snow and other obstructions to be removed from 627 307 When owner of property adjoining on deemed guilty of main- taining a nuisance 627 308 Signs. Laws — Power to regulate • 1171 63 36 Power to regulate and prevent from fiying of across streets.[191 63 36 Ordinances— Penalty for injuring or removing 509 277 Not to project from wall or building more than three feet into street or over sidewalk 790 356 Construction and placing of regulated 791 357 Penalty for permitting unlawful sign to remain 791 357 Erection of barbers’ poles, ( tc, on sidewalks regulated 792 357 Posting of hand or show bills on premises without consent of « owner or occupant prohibited 793 357 Slaughtee Houses— (See, also. Packing Houses.) Laws— Power to regulate, etc [811 63 41 518 GENERAL INDEX. Slaughter Houses— Continued. Ordinances— ' Section. Page Establishment of within city prohibited 533 283 Consent council required to establish in one mile of city limits 533 283 Soap Factories. Laws— Power to direct location of and regulate rSll 63 41 Ordinances— Established in city deemed a nuisance 534 283 Consent required to establish within one mile of city limits. . . 534 283 Special Assessments. Laws— Moneys received on to be kept as a special fund, etc 100 53 Power to make local improvements by... 117 58 Ordinance for improvement 118 59 When property is taken 119 59 Petition for compensation for damages 120 59 Form of petition 121 59 Summons, publication, notice 122 59 Hearing on petition— jury 123 60 How compensation ascertained, etc 124 60 Viewing premises, ownership, etc 125 60 Judgment, new parties, other proceedings .. 126 60 Powers of the court 127 61 Ownership— further powers of court 128 61 Persons under disability 129 61 Judgment, effect, appeal, etc 130 61 Order for possession 131 62 When improvement is made by special taxation 132 62 How levied and collected 133 62 How made by special assessment 134 62 Ordinance for— owner’s rights 135 63 Estimate of cost 136 63 Order for proceedings in court 137 63 Petition to court 138 63 Appointment of commissioners— oath 139 63 Duty of commissioners 140 64 Assessment roll— return 141 64 Notice by mafl, posting and publication 142 65 Proof of notice 143 65 Continuance when notice not in time 144 66 Objections— judgment by default 145 66 Hearing— jury 146 66 Precedence 147 66 Court may modify assessment, etc 148 66 Judgment several, appeal, etc.— lien 149 67 Judgment and assessment roll to be certified to city clerk 150 67 Form of warrant 151 67 Collector’s notice, form of 152 67 Manner of collecting, entry of payment 153 68 Report of delinquent list to county collector, etc 154 68 Application for judgment, what laws govern 155 69 Return of sales— redemption. 156 69 Penalty when lands are sold for taxes 157 69 Paying over— compensation 158 69 General revenue laws apply 159 70 City or village may buy in 160 70 When assessment set aside, new warrant 161 70 Supplemental assessment • 162 70 New assessment against delinquents— lien, etc 163 70 Contracts payable from assessments 164 71 How contracts let— approved 165 71 Lien of 166 72 Collection by suit 167 72 Supplemental petition to assess benefits in condemnation case 168 72 Adoption of article concerning 169 73 City may buy in at sale, etc 365 121 For sidewalks 3J1 127 GENERAL INDEX. 519 Special Assessments— Continued. Ordinances— Section. Page Comptroller authorized to bid for city, at sales to enforce col- lection of 43 166 Duty of city collector for collecting 62-64 170 Contracts to be paid for by— how let... 99 177 (See, also. Contracts for Public Works,) Special Bail. Ordinances— How may be taken 191 Proceedings in case of failure to appear, etc 168 191 Special Elections. Laics— Power to call 61,62 33 Spkingfield. City of named 340 136 Springfield and Illinois Southeastern Railway Co. Ordinance giving right of way to on Madison street and Salome avenue : 834 375 Springfield and Illinois Southeastern, and Springfield AND St. Louis Railroad Companies. Ordinance granting right of way to on part of East Grand Avenue 857-866 380-383 Springfield City Horse Railway Company. Ordinance authorizing construction and operation of railway track on certain streets 884-892 390-1 Springfield Iron Company. Ordinance granting right of way to for railroad switch across North Grand Avenue and Water- Works land 944 403 / Springfield Steam Supply and Electric Light Co. Ordinance granting use of streets to for laying pipes and erecting wires 946-951 403-405 Stables. Ordinances— Use of lights in regulated 401 250 liivery— when a nuisance 531 282 Stands for Vehicles— (See Vehicles.) Star. Ordinances— To be worn by police 155 189 To be delivered up on expiration of term of office 157 189 Steam Boilers. Laws— Power to provide for inspection of [771 53 40 Steam Works. Ordinance in relation to erection and use of within the fire limits 952-954 405-6 520 GENEKAL INDEX. Stones. Ordinances— ' Section, Page Not to be thrown into any public place, or at any house 478 271 Not to be thrown from or into any street, etc 510 277 Stoves and Stove Pipes. Laws— Power to prevent dangerous condition of, etc [631 63 40 Ordinances — Setting up and use of regulated 393 247 Steaw. Ordinances— Stacking or depositing of near buildings regulated 409 252 Stkeets and Alleys. Laws— Powers of council concerning [7-131 63 35 Power to regulate and prevent flying of flags, etc., across. . . [19] 63 36 Power to regulate traffic upon [201 63 36 Power to name and change names of 123] 63 36 Power to extend over or across railroad land [891 63 42 Power to authorize laying of railroad track in [90] 63 42 Council may, by ordinance, require labor on 72 45 Labor and commutation for labor on 327 131 Vacation of 329 131 Rights of adjoining owners when vacated 320 132 Power of water commissioners to lay pipes in 368 144 Ordinances— Duty of city engineer in relation to 78,79 173 Street superintendent to have charge of repairs on and clean- ing of 88-90 175 Disposition of surplus earth from : 109 180 Prisoners may be compelled to work upon 190 197 Penalty for making Are upon paved 402 250 Speed of horses and other animals in regulated 500 275 Meeting of persons riding or driving in regulated 502 276 Removal of stone or stake at corner of— penalty 517 278 Stopping of street ears on regulated 591 298 Construction of sewers in 596 300 Laying of gas or water pipes in 607 302 Excavations in not to be made without authority, etc 628 309 Persons making excavations in to All up and repair 629 309 Contractors or officers making excavations in to protect by lights, etc., in night time 630 310 Penalty for digging or removing earth from, etc 631 310 Inclosures, bridges or buildings not to extend upon or over. . . 632 310 Penalty for erecting buildings, etc., on line of without having the proper line 633 310 Contractors or builders not to obstruct without permit 634 310 When persons building in front of, etc., to give bond 635 311 Buildings or fences encroaching upon not to be rebuilt 636 311 Owners of buildings encroaching upon to remove same after notice— penalty for neglect, etc 637 311 Buildings not to be removed through without permit 638 311 Liability of persons placing or leaving obstructions on 639,640 312 Penalty for leaving teams in, before private houses, etc 641 312 Penalty for unhitching or leaving teams on paved— exceptions 642 312 Penalty for obstructing crossings of 643 312 When obstructed by press of teams, police to clear 644 312 Persons owning lots adjoining, to keep same clean, etc 645 313 Cellars, vaults, etc., adjoining, not to be left open— liability for 646 313 Not to be obstructed by merchandise, etc 647 313 Penalty for throwing ashes or filth upon — 648 313 Names of to be placed on public street lamps 650 314 Drivers of licensed vehicle not to stop on, etc., except at regu- lar stand 677 321 Not to be obstructed by auctioneers 371 341 Barbed wire fences on line of prohibited 766 351 Setting of telegraph and telephone poles in to be under super- vision of mayor, etc 796 358- Planting of trees on line of regulated 798 358 GENERAL INDEX. 5'21 Street Lights. Laws— Section. Page • Power of council to provide for lighting streets ill I 63 35 Ordinances— Penalty for breaking or defacing street lamp or post 512 278 Penalty for climbing upon or fastening horse to lamp-post 513 278 Council may order erection of street lamps 649 314 Not to be erected without provision made for expense of. 649 314 To be inspected before being lighted at cost of city 650 314 Committee on gas lights to have names of streets placed on.. 650 314 Company having contract to light public lamps, to keep them in repair and properly lighted, etc 651 314 To be lighted at twilight and kept burning till day dawn 651 314 Duty of mayor and gas-light committee concerning 652 314 Contractors liable to reductions on monthly accounts for neglect of duty in lighting 752 315 Council to make annual appropriation for 653 315 Penalty for removing public lamps without authority 654 315 Penalty for lighting or extinguishing without authority 655 315 Postoffice department authorized to attach mail boxes to, etc. 655 315 Penalty for breaking or defacing lamp-post, etc 657 315 City clerk to furnish contractor for lighting with copy of article 658 315 Summons. Laws— For violating ordinance 69 44 Ordinances— How issued against incorporated company 182 199 Sunday. Ordinances — Disturbing or annoying congregation on 518 279 Boys or other persons not to engage in games or sports cal- culated to disturb families, etc., on 519 279 Penalty for keeping open ball or pin alley, etc., on 520 279 Penalty for pursuing daily labor on, etc.— exceptions 521 279 Penalty for keeping open dram-shop on 522 279 Penalty for keeping ordinary connected with dram-shop on.. 523 280 Supplies. Laws— For use of city— how furnished [941 63 43 Superintendent of Police. Laws— Power to regulate, prescribe duties of, etc [66-681 63 40 Trustee of police and firemen’s relief fund 290 115 Ordinances— Member of police department 124 184 Office of created— term— chief of department 125 184 How and when appointed 126 184 Oath and bond of 127 184 To have, in subordination to mayor, management and control of department 128 185 Concur with mayor in prescribing rules for government of police department 128 185 Devote entire time to discharge of duties of office 129 184 Shall be charged with preservation of peace, etc., of city 129 185 Take notice of all nuisances, defects in streets, etc 130 183 To report members of police for neglect of diuy, etc 131 185 May suspend any member of the force until charges against him can be investigated 131 185 Attend all meetings of council, and execute its orders 132 185 Execute all warrants or other legal process 132 185 Cause books of record to be kept of police department 133 185 Make monthly reports to council , 134 185 Have the custody of records and equipments of department... 135 186 Upon expiration of office, to surrender books, records and property to successor 135 186 522 GENERAL INDEX. Superintendent of Police. OrcZmance.§— Continued. Section. Page To wear uniform and star 155 189 Police patrolmen going out of office, to deliver star, etc., to... 157 189 Make arrests at fires ‘213 202 Member of health department 217 204 Execute orders of board of health 223 205 Take up and impound animals unlawfully at large 301 225 Provide a suitable pound under direction of mayor, etc 301 225 Appoint deputy to act as pound-keeper 303 225 Shall be responsible for acts of deputy 303 226 May also appoint assistants at his own cost 303 226 Provide necessary food and drink for impounded animals 304 226 Execute order for sale of animals— give notice of 311 2‘27 Time of notice, manner of sale, etc 312 228 May adjourn sale for want of bidders 313 228 Penalty for selling without notice, etc 311 228 To keep record of animals impounded and sold 314 228 Report monthly to council, and pay excess of fees into city treasury .314 228 May pay surplus from sale of animal to owner— when 315 228 Penalty for resisting officer or assistants in taking up animals unlawfully at large 316 229 To receive dog tax, and issue checks for dogs .319 229 To take up and impound dogs unlawfully at large 320 229 Cause dogs not redeemed within three days to be removed without city, and destroyed 320 230 May employ dog catchers, and offer reward for dogs 321 230 Report to council amount of tax collected on, and number of dogs destroyed 322 230 Fees authorized to be charged by 364-367 238-9 To make semi-annual report to council of all fees received 368 239 Execute order for removal of wooden building in fire limits... 381‘ 244 Serve notice on owners of buildings to erect fire escapes 397 248 Execute order for removal of building declared a nuisance.. . . 537 284 Execute order for removal of building encroaching on streets 637 311 Execute order for removal of dangerous awning 736 343 (See, also, Police Department.) Surplus. Laws— Of special assessments to be refunded 162 70 Surveyor— (See City Engineer.j T. Tallow Chandleries. Laws— Power to direct location and regulate [811 63 41 Power to compel cleansing or removal of [841 63 42 Ordinances— Person establishing within city deemed guilty of a nuisance.. 534 283 Not to be established within one mile of city limits without consent of council 534 283 When carried on so as to taint the air, etc., a nuisance 534 283 Unlawful to erect on Sangamon river above and near water- works 691 327 Tannery. Laws— Power to direct location and regulate [81] 63 41 Power to compel removal, and regulate location of [841 63 42 Ordinances— Establishing of within city deemed a nuisance... 534 83 Consent of council required to establish within one mile of city limits 534 283 GENERAL INDEX. 523 Tannery. Ordniances— Continued. Section. When offensive or unwholesome, a nuisance 534 Unlawful to erect on Sangamon river above and near water- works 534 Tae. Laws — Power to regulate and prevent storage cf L651 63 Ordinances— Boiling of regulated : 406 Taxes. Laws— Power to levy and collect [31 Power to provide for the collection of annual tax to pay city indebtedness 151 For judgments and temporary loans Ordinance for levying— limitation Manner of collecting Time of paying over When tax levied for particular purpose To be uniform upon all taxable property To pay principal and interest on registered bonds : How disbursed for paying bonds On foreign insurance companies City to certify amounts required, etc Return of delinquent special assessment City may buy in at sale for How assessed and collected Additional levy authorized, etc Power to levy for school purposes Power to levy for sewerage, water and lights Council to levy amount required for public school purposes... 63 63 91 112 113 114 115 116 220 222 251 303 304 305 306 307 309 318-320 358 Telegeaphs and Telephones. Laws— Consent necessary to the erection of telegraph poles, wires and fixtures in streets 331 Council may direct alteration in the location or erection of telegraph poles, etc 331 Ordinances— Erection of telegraph, telephone and electric-light poles in city prohibited, without consent of council 794 Poles and fixtures to be so set or placed so as not to interfere with travel on streets, etc 795 Liability of company failing to remedy or remove 795 Mayor and street and alley committee to supervise setting of poles, etc 796 Penalty for cutting, breaking or injuring poles, wires or fixtures 797 Telephone Companies. Ordinance granting permission to the Central Union Tele- phone Co. to erect and maintain a system of telephones in city 963-968 Theatees— (See Amusements.) Laws— Power to license, tax, regulate, etc .[411 63 Power to regulate places of amusement L581 63 Doors of to open outward 298 Thibd Street. Ordinance for vacating a certain part of 957 • Town Branch. Ordinance fixing channel of through Bullock’s addition 969 Page 283 .327 40 251 34 34 51 57 58 58 58 58 90 92 103 120 121 122 123 123 122 126-7 141 132 132 357 358 358 358 358 408-410 38 39 119 407 410 524 GENERAL INDEX, Towns. Laws— Section. Page How incorporated town may become city — 4 22 How territory within city may be organized as a town 278 111 Election of officers in 280 112 Powers of exercised by council 281 112 Vacancies in town offices filled by council 284 112 Organization of the Town of Capital 112 Treasukee— (S ee City Treasurer.) Trees. Laws— Power to plant on streets, etc 181 63 35 Ordinances— Penalty for injuring or removing fruit or shade trees 509 277 Penalty for cutting, injuring, etc., in reservoir grounds 693 327 Planting of shade or ornamental on streets regulated 798 358 Not to be cut, injured or removed, except by owner of adjoin- - ing property, etc 799 359 On streets or avenues, to be trimmed 800 359 Superintendent of streets to notify owner of 801 359 Owner failing to trim after notice, the street superintendent shall cause to be trimmed, etc 801 359 Turpentine. Laws— Power to regulate storage of [65] 63 40 u. [jNLAwruL Assembly. Ordinances— Penalty against offenders for 473 270 Unwholesome Business. Laics— Power to prohibit [831 63 41 Unwholesome Provisions. Ordinances— Penalty for selling or exposing for sale 234 207 Police or health officer may take and des^troy 234 207 V.. Vacancy. L^aws- In office of mayor 16-19 26 In office of alderman 33 28 In office of alderman under minority plan 55 32 How vacancies filled 75 46 When office becomes vacant 268 109 Who may determine when vacancy exists 269 106 In town offices, may be filled by council 284 112 In board of education— how filled 356 141 In board of water commissioners— how filled 363 143 Vacations. Laws— Ordinance for to be recorded 285 113 I . GENERAL INDEX. ' 525 Vacations of Streets. Laws— Section. Page Power of council to vacate streets, alleys, etc [71 63 35 'I’hree-fourths vote required to vacate street or alley, 329 131 When property damaged by, etc 329 131 Rights of adjoining owners in case of 330 132 Ordinances— Of part of Third street, in Allen’s addition 957 . 407 Of part of east end of New (or rear) Market street 958 407 Of parts of Cass and Kansas streets, in Barrett’s addition — 959 407 Vagrants. Laws— , Power to restrain and punish [741 63 41 Ordinances— Defined— punishment for 524 280 Vaults. Ijaws— , Power to regulate construction of [571 63 39 Ordinances— Construction of under sidewalks to be supervised by street superintendent, etc 617 305 Vegetables. Laws. Power to regulate sale of [501 63 39 Ordinances— Penalty for selling or exposing for sale decayed and unwhole- some 235 207 Duty of police officers and health inspector to enforce provi- sions of section concerning 235 207 Vehicles. Laws— Power to regulate speed of [211 63 36 Power to license, etc '. [421 63 38 Ordinances — License fees fixed for owners or drivers of certain 424 255-257 Penalty for heedlessly permitting collision of 500 275 To turn to the right of center of street 502 276 Driver of for hire to make regular stand only public stand 516 278 Penalty for permitting to be or remain om sidewalk 626 307 Not to be left before private dwellings, etc., without consent of owner or occupant 641 312 Not to be left on paved streets— exceptions 642 312 Penalty lor obstructing street crossing with 643 312 Penalty for carrying persons in for hire without license 658 316 Rates of fare allowed for carrying passengers in 663 317 Penalty for transporting goods in for hire without license 668 319 Rates or prices allowed for carrying goods, etc., in 671 320 Penalty for charging greater sum than is authorized by ordi- nance 674 321 Location and limits of public stand for 675 321 Superintendent of police to designate places for at public stand, etc 676 321 Penalty for making regular stand for elsewhere 677 321 Superintendent of police to prescribe and post regulations for at and about railroad depots 678 321 Power of members of the police force over 679 (See, also, Hacks, etc.; also. Drays, Carts and Wagons.) Velocipedes. Ordinances — Penalty for riding or propelling bicycle or velocipede in parts of city devoted to business 503 276 523 GENERAL INDEX. Veto. Laws— Of ordinances or items in Of ordinances Section. Page 47 ^ 30 258 106 Viaducts. Laws— Power to construct [28] Villages. Jjaws- Organization of, etc Vote of Council. Laws— Mayor to give casting vote Two-thirds required to restore officer Majority to pass ordinances Two-thirds to sell city or school property Two-thirds to pass ordinance over veto Two-thirds to create new offices or discontinue offices Two-thirds to order improvement after annual appropriations are made Two-thirds to let contract without advertising Two-thirds to annex one corporation to another Majority to disconnect territory Three-fourths to vacate street or alley * . Ordinances — Two-thirds to make contract for improvement without adver- tising, etc Majority to decide contested election of alderman Two-thirds to authorize connecting of sewer built without city limits with any sewer within city 63 37 179-193 75-79 20 26 21 26 42 29 42 29 48 30 74 45 91 50 165 71 201 82 211 85 329 131 99 177 352 236 605 301 W. Wabash, St. Louis and Pacific Railway Co. Ordinance concerning 959-962 407-8 Wagons— (See Vehicles.) Walls— (see Buildings.) Ordinances— Penalty for posting show bills, placards or notices upon with- out consent, etc 511 278 Wards. Laws— Council may divide city into To be compact, and population of equal, Ordinances— City divided into seven Boundaries of defined Warrants. Laws— For violating ordinances Officers to be commissioned by— exceptions. Treasurer to keep register of Treasurer to deliver, etc How drawn, etc., for payment of money Comptroller to have charge of Form of for collection of special assessment, For violations of ordinances of city When may be drawn in anticipation of taxes. 52 31 52 31 804 360 . 805-811 360-1 69 44 77 46 96 52 96 52 99 53 105 54 151 67 197 80 . 252,253 104 GENERAL INDE" 527 Waekan's. Continued, ij Section. Page On treasurer of police and firemen’s relief fund 293 116 For collection of special tax for sidewalks 323 129 For collection of water rents 373 146 Ordinances — How drawn upon treasurer 36 164 Collector to execute for special assessment 62 170 Police'may serve for apprehension of offenders 147 187 Form of for^collection of water rents 686 325 Watek. Laws— Power of council to provide for the purification of waters, and the drainage of ponds on private property [40] 63 37 Power to provide for a suppiy of 170 73 Power to prevent pollution of 170 73 Power to levy tax for extension of water mains, etc 319 126-7 Ordinances— Stagnant water upon lot or ground a nuisance 529 282 Health officer to notify owner to abate, etc 529 282 Penalty for permitting water falling from roof of building to spread over sidewalk 624 307 Watek-Woeks. Laics— Power to acquire property for 171 73 Power to provide for the collection of water rents 172 74 Tax for a continuing lien 172 74 Council may levy a general tax and appropriate money for — 172 74 Power to provide for the laying of water supply pipes by spe- cial assessment— bonds for 332 133 Payment of bonds and interest 333 134 City owning or operating water- works may change source of supply 336 134 Board of water commissioners may construct, lease and maintain wells, etc 337 134 Creation of the board of water commissioners for city of Springfield - 362 142 Election of commissioners— terms of office— vacancy 363 143 Commissioners to divide duties between themselves 364 143 Council to fix salaries of commissioners 364 143 Commissioners to supply city with water 365 144 Power to employ engineers, etc 366 144 To purchase land, construct buildings, etc 367 144 Power to build dam at Sangamon river— right of way for 368 144 Reservoir, pipes, hydrants and fountains 368 144 Borrowing money for— issuing bonds 369 144 Assessments for use of wat^r a lien 370 145 Assessments of buildings adjoining street, etc 371 145 Assessment of building in vicinity of public hydrant, 372 145 Collection of water rents— warrant— levy 373 146 Board to report unsatisfied warrants to council 374 146 Board to print rules regulating use of water 375 147 Water may be shut off from persons violating rules, etc 375 147 Commissioners to construct hydrants— assess benefits 376 147 Commissioners to keep record of their proceedings 377 147 Duty to report to council semi-annually 378 147 Surplus funds of board— how invested 379 148 Commissioners not to be interested in contracts 380 148 How commissioners may be removed 381 148 Commissioners to make special report to council 382 149 Right to enter upon land, etc 383 149 Right to condemn pronerty— proceedings for 384 149 Claims against board— how allowed 385 150 No member of the board or of the council to derive benefit from water- works funds 386 150 Drawing out of funds, register of checks, etc 387 150 Commissioners to keep books of account 388 151 Finance committee of the council to examine books 388 151 Commissioners to elect superintendent— duties of 389 # 151 Contracts by the board— how executed 390 151 Commissioners to control lands and works 391 151 Council to fix salary of commissioners and of superintendent. 392 152 Commissioners to give bond 393 152 Council to fix amount of bonds 393 152 528 GENERAL INDEX. Water- Works. Zato.s— Continued. Section. Page Council may require bond of superintendent 393 152 Council may pass ordinances to preserve property, etc 394 152 Contracts by the board— public notice of to be given 395 152 Entering into contract— security 396 153 Inconsistent acts repealed 397 1.53 Act to take effect from passage 398 153 Repeal of part of section second of water- works charter 399 153 Council may order election of-commissioners at any time, when deemed expedient 400 153 Power to borrow additional sum of money, issue bonds for, etc. 402 153 Power to build dam at river 403 154 To erect necessary buildings at river, and procure right of way across lands, etc 403 154 Ordinances— Commissioners to have entire management of water- works. . . 680 323 May make necessary excavations, lay pipes and erect hydrants in streets, etc., of city 680 323 Amount of bond to be given by each of the commissioners and the superintendent 681 323 Commissioners to erect hydrants in the city, for use in ex- tinguishing fires, etc 682 324 Assessments on buildings in vicinity of hydrants 682 324 Assessments for water used in buildings 683 324 Duty of commissioners to collect water rents, etc . . .■ 684 324 Warrants for collection of water rents 684 324 Manner of issuing warrants— form of 685, 686 325 Constable receiving warrant, to execute, etc 687 326 Board to report unsatisfied warrants to council when deemed necessary 688 326 How council may proceed to collect 688 326 Board to keep record m all its proceedings 689 326 Books and papers to be open to inspection, etc 689 326 Commissioners to make report to council semi-annually, on first day of March and September 690 326 Unlawful to pollute Sangamon river above or below pumping works building, and within five miles of city limits— penal- ties 691 327 Unlawful to bathe or swim in river near pumping works- superintendent to enforce 692 327 Penalty for injuring reservoir or trespassing in any way on the reservoir grounds, etc 693 327 Duty of superintendent of works and watchman to prosecute offenders 693 328 Use of water from nrivate hydrant or cistern regulated 694 328 Upon return of bill unpaid, water to be shut off, etc 695 328 Use of water from works, when there is a cistern on premises, regulated 696 329 When there is a cistern on the line between premises, how use of water regulated 697 329 Plumbers, doing plumbing in connection with water- works, to have permit from the board 698 329 Plumbers required to make full and complete returns, etc 699 3:^9 No attachments to be made to any water pipes of city, unless by authority, etc 700 330 Regulations concerning plumbers, use of ferrules and hy- drants, making attachments to water pipes, etc 701-711 330-332 Rules and regulations governing use of water from the water- works 712 332-334 Penalty for violating or neglecting to conform to rules 713 334 Rules regulating plumbers and plumbing work in connection with water- works . 714 334-336 Penalty for violating rules, etc.. 715 337 Water commissioners may issue license to plumbers 716 337 Amount of bond to be given by licensed plumbers 717 337 Conditions of bond 717 337 Weapons— (See Concealed Weapons.) Weigzts and Measures. Laws— Power to inspect and seal [551 63 39 Power to enforce keeping of [56] 63 39 GENERAL INDEX. ^29 Weights and Measures— Continued. Ordinances— Section. Page Penalty for using when not in eomformity with lawful standard 267 215 Penalty for giving less quantity of article sold than is con- tracted or paid for 267 215 (See, also. Inspector of Weights and Measures.) Witnesses. Ordinances— Police officers making arrests to attend as. efc 170 192 City officers not entitled to witness fees in actions for viola- tion of ordinances 170 192 Depositions of in contested election 350 235 In investigating charges against officers— how summoned, etc. 558,559 289 Wood. Laws— Power to provide for inspecting and measuring 1511 63 . 39 Wooden Awnings. Ordinances— When deemed a nuisance 734 342 Wooden Build. ngs— (See Buildings.) Laics— Power to prescribe limits within which they shall not be erected or repaired, etc 1621 63 39 Worehcuses— (See City Prison and Workhouse.) Ijaws— Power to establish and erect 1691 63 40 Y. Yards. Ordinances— Location or placing of hydrants in regulated 706 331 Yeas and Nays. Laws— To be taken on removal of officer 21 26 To be taken upon passage of ordinances 42 29 To be tak^m upon propositions to create liability against city. 42 29 To be taken at the request of any alderman 42 29 To be taken upon passing ordinance over voto 48 30 To be taken on ordinance or order vacating street 329 132 Ordinances— To be taken in deciding contested elections of aldermen 352 236 To be taken upon removal of officer by mayor 556 289 —34 k k- , i' N V I ■ t"f-' .X .' ■ f'vf ;>■' . > •a % T : : \ I ■ ■ S ti': ;’V! iltJr