THE UNIVERSITY OF ILLINOIS LIBRARY M'&.ons Sp & Of ViO?. The person charging this material is re- sponsible for its return on ofo before the Latest Date stamped below'! 7 Theft, mutilation and underlining of books are reasons for disciplinary action and may result in dismissal from the University. UNIVERSITY OF ILLINOIS LIBRARY AT URBANA-CHAMPAIGN h'JG - f . V L161— 0-1096 THE SPRINGFIELD CITY CODE COMPRISING THE LAWS OF THE STATE OF ILLINOIS RELATING TO THE GOVERNMENTlOF THE CITY OE SPRINGFIELD, AND THE ORDINANCES OF THE CITY COUNCIL RECOMPILED BY CHARLES FREDERICK MORTIMER Published by Authority of the City Council SPRINGFIELD: ILLINOIS STATE JOURNAL PRINT 1902 c b'p2> \or \^t>^ ' PREFACE. The necessity for a revision and compilation of the City Code has been especially and particularly felt and realized by the Members of the Bar, the Courts, Members of the Council and City Officials for some years. If that necessity has, in any degree, been relieved by the effort here made, I will feel highly repaid for the time and labor spent in the technical work of the revision, the result of which is now respectfully submitted. I gratefully acknowledge the able services of Hon. W. J. Butler, Attorney at Law, in revising the laws affecting the City, and also the valuable assistance of Thomas C. Jewell in compiling the ordinances. C. F. MORTIMER. Springfield, Illinois, January 27th, 1902. 216101 CONTENTS. Preface 3 Catalogue of Trustees, Mayors and Aldermen 7 List of Present City Officers 18 Population of the City at Successive Decades 19 Titles of Old State Laws Relating to the Town and City of Springfield 20 Order Directing This Recompilation 26 Statutes Relating to the Government of the City of Springfield 27 An Act to Provide for the Incorporation of Cities and Villages; in force July 1, 1872 27 Miscellaneous Statutes Affecting the Government of Cities 220-289 Provisions of the Former Charter of the City of Springfield 290-302 The Water Works Charter and Amendments 828 An Ordinance in Revision and Consolidation of the General Ordinances of the City of Springfield 336 Chapter I— The Mayor and His Duties 337 II— Legislative Department 339 ‘ ‘ III— Department of Finance 343 IV— Department of Public Works 355 tl V— Law Department 378 VI— The Police Department 381 VII— The Fire Department 399 ‘ ‘ VIII— The Health Department 405 IX— City Scales, Weights and Measures 430 X— Cemeteries and Interments 437 XI— Domestic Animals 448 XII— Elections 458 XIII— Fees and Salaries 464 CONTENTS. (> Chapter XIV' Fire Limits, Buildings and Fire Escapes 470 XV— Fires, Fireworks, Gunpowder and Oils 481 X VI— Libraries and Reading Rooms 489 “ X VI I— Licenses 492 “ XVIII— Liquors and Liquor Sellers 510 “ XIX— Misdemeanors 519 XX— Nuisances 534 XXI— Officers. 541 “ XXII— Ordinances 547 “ XXIII— Railroads 551 “ XXIV— Sewers, Drains, Gas and Water Pipes 561 “ XX V— Sidewalks 568 “ XXVI— Streets and Alleys 576 “ XXVII— Street Lights 586 “ XXVIII — Supplies 589 “ XXIX— Vehicles 591 “ XXX— The Water Works . .... 600 “ XXXI— Miscellaneous Ordinances. 619 Special Ordinances 653-827 Index to Statutes — 303 Index to Ordinances 842. TOWN AND CITY OFFICERS. Catalogue of the Trustees of the Town of Springfield, AND OF THE MAYORS AND ALDERMEN OF THE ClTY OF Springfield, from the organization of the TOWN, IN 1832, TILL 1901, INCLUSIVE. BOARD OF TRUSTEES. 1832. Charles R. Matheny, President ; Cyrus Anderson, John Taylor, Elisha Tabor, Mordecai Mobley, William Carpenter.* 1833. Charles R. Matheny, President ; John M. Cabanis, William Carpenter, Samuel Morris, Stephen T. Logan.* 1834. James R. Gray", President; William Carpenter, Edmund Roberts, Nicholas A. Garland, John Owens. 1835. Charles R. Matheny, President ; James L. Lamb, James W. Keyes, William Alvey, William Carpenter, Philip C. Latham, Peleg C. Canedy.* 1836. Charles R. Matheny, President; Peleg C. Canedy, Philip C. Latham, James W. Keyes, John F. Rague, George Pasfield.* 1837. Charles R. Matheny, President; Peleg C. Canedy, Philip C. Latham, William Butler, George Pasfield, Joseph Klein.* 1838. Charles R. Matheny, President; Peleg C. Canedy, Philip C. Latham, Joseph Klein, Samuel H. . Treat, William Butler, Samuel II. Treat.* 1839. Charles R. Matheny, President; Peleg C. Canedy, Philip C. Latham, J oseph Klein, Samuel H. Treat, Abraham Lincoln,* Jonas Whitney.* 1840. Peleg C. Canedy, President; Joseph Klein, Jonas Whitne}^, Philip C. Latham, Abraham Lincoln. * Elected to. fill vacancy. 8 TOWN AND CITY OFFICERS. CITY COUNCIL. t 1840. Mayor — Benjamin S. Clements. Aldermen — 1st Ward, James K. Gray; 2d, Joseph Klein; 3d, Washington lies; 4th, William Prentiss. 1841. Mayor — William L. May. Aldermen — 1st Ward, James R. Gray; 2d, Joseph Klein; 3d, Harrison A. Hough; 4th, Stacey B. Opdycke. 1842. Mayor — David 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 McCormick. 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. Rogers; 2d, Pascal P. Enos; 3d, John Fenner; 4th, John W. Priest. 1849. Mayor — John Calhoun. Aldermen — 1st Ward, Jotham S. Rogers; 2d, Oliver W. Browning; 3d, David Sherman; 4th, John W. Priest. t The 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. 9 1850. Mayor — John Calhoun. Aldermen — 1st Ward, Jotham S. Rogers; 2d, Oliver W. Browning; 3d, David Sherman; 4th, John W. Priest. 1851. Mayor — John Calhoun. Aldermen — 1st Ward, Jotham S. Rodgers; 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 Jo} r ce; 3d, Enos M. Henkle; 4th, John W. Priest. 1853. Mayor — Josiah Francis. Aldermen — 1st Ward, Frank- lin Priest; 2d, Edward Joyce; 3d, Samnel Grubb; 4th, John W. Priest. 1854t. Mayor — William H. Herndon. Aldermen — 1st Ward, Thomas Lewis, Morris Lindsay, Allen Francis; 2d, William Butler, Charles H. Lanphier, Charles R. Hurst; Benjamin McIntyre;* 3d, Samuel Grubb, Thomas Ragsdale, Henry Vanhoff, Edmund G. Johns;* 4th, John W. Priest, Reuben F. Ruth, Orson N. Stafford. 1855. Mayor — John Cook. Aldermen — 1st Ward, Allen Francis, Morris Lindsay, Thomas Lewis; 2d, John Con- nelly, Charles H. Lanphier, Benjamin McIntyre; 3d, Henry B. Grubb, Thomas Ragsdale, Edmund G. J ohns ; 4th, Henry P. Cone, Julius H. Currier, Orson H. Stafford. 1856. Mayor — John W. Priest. Aldermen — 1st Ward, Allen Francis, Morris Lindsay, M. M. YanDeusen, Consul Samp- son;* 2d, Charles H. Lanphier, Charles R. 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, Ralph J. Coats, Consul Sampson; 2d, Charles H. Lanphier, Charles R. Hurst, John Connelly, Jr.; 3d, Seth M. Tinsley, Thomas J. Dennis, George L. Hunting- ton; 4th, William Harrower, Abner J. Allen, Julius H. Currier. t 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 vacancy. — 2 . 10 TOWN AND CITY OFFICERS. 1858. Mayor — John W. Priest. Aldermen — 1st Ward, Allen Francis, Ralph J. Coats, Consul Sampson; 2d, John Con- nelly, Jr., Charles R. Hurst, Charles H. Lanphier; 3d, d’homas J. Dennis, George L. Huntington, Seth M. Tins- ley; 4th, Dudley Wickersham, Abner J. Allen, William Harrower. 1859. Mayor — William Jayne. Aldermen — 1st Ward, Harri- son G. Fitzhugh, 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 Connefty, Jr., Zimri A. Enos; 3d, Daniel Morse, Thomas J. Dennis, Henry B. Grubb; 4th, Richard Young, G. B. Simonds, Dudley Wickersham. 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. Vre- denburgh; 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. Vredenburgh; 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. * Elected to fill vacancy. TOWN AND CITY OFFICERS. H 1864. Mayor — John S. Vredenburgii. Aldermen — 1st Ward, Ralph J. Coats, Oliver M. Sheldon, Henry Wohlgemuth; 2d, William Bishop, Moses K. Anderson, Charles IT. Lanphier, C. A. Helmle;* 3d, William S. Currv, 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, Daniel P. Broadwell, Henry Wohlgemuth, Ralph J. Coats; 2d, Thomas M. Rippon, William Bishop, Moses K. Ander- son; 3d, James D. Brown, Daniel Morse, William S. Curry; 4th, Charles R. Post, Charles Dallman, Henry C. Myers. 1866. Mayor — John S. Bradford. Aldermen— 1st Ward, James M. Logan, Ralph J. Coats, Daniel P. Broadwell, John 0. Rames;* 2d, William Bishop, Thomas M. Rip- pon, Moses K. Anderson; 3d, William J. Conkling, James D. Brown, Jackson A. Hough; 4th, Isaac A. Hawley, Charles R. Post, Charles Dallman. 1867. Mayor — Norman M. Broadwell.' Aldermen — 1st Ward, Adolphus Schwartz, James M. Logan, John 0. Rames; 2d, John S. Yredenburgh, Moses K. Anderson, Thomas M. Rippon; 3d, Nicholas Strott, William J. Conk- ling, James D. Brown; 4th, W. C. Whitney, Isaac A. Haw- ley, Charles R. Post. 1868. Mayor — William E. Shutt. Aldermen — 1st Ward, John Carmody, Adolphus Schwartz, James M. Logan; 2d, Edward J-. Rafter, John S. Yredenburgh, Moses K. Ander- son; 3d, James A. Lott, Nicholas Strott, William J. Conk- ling; 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. Rafter, John S. Yreden- burgh; 3d, John S. Bradford, James A. Lott, Nicholas Strott; 4th, Reddick M. Ridgely, W. C. Whitney, Henry Loosely, Obed Lewis.* * Elected to fill vacancy. 12 town and city officers. 1870. Mayor— John W. Phiest. Aldermen— 1st Ward, L 1 rank \\ . 1 racy, Prank Hudson, Jr., John Carmody; 2d, Hobart T. Ives, George M. Brown, Edward J. Rafter, Moses K. Anderson;* 3d, Henry X. Alden, John S. Brad- ford, James A. Lott; 4th, August Leneger, Reddick M. Ridgely, Obed Lewis. 1871. Mayor— John W. Smith. Aldermen — 1st Ward, Ralph J. Coats, Frank W. Tracy, Frank Hudson, Jr.; 2d, Charles A. Hehnle, Hobart T. Ives, Maurice Fitzgerald; 3d, H. S. Dickerman, Henry N. Alden, John S. Bradford; 4th, Lyman Sherwood, Obed Lewis, Reddick M. Ridgely^ 1872. Mayor— John W. Smith. Aldermen— 1st Ward, Louis Rosette, Ralph J. Coats, John W. Stultz; 2d, Maurice Fitzgerald, Charles A. Helmle, Hobart T. Ives; 3d, Leonidas H. Bradley, H. S. Dickerman, Henry X. Alden; 4th, William G. Parker, Lyman Sherwood, Obed Lewis. 1873. Mayor — Charles E. Hay. Aldermen— 1st Ward, Richard Roderick, Louis Rosette, Ralph J. Coats; 2d, Zimri A. Enos, Maurice Fitzgerald, Charles A. Helmle; 3d, Ting- ley S. Wood, Leonidas H. Bradley, H. S. Dickerman; 4th, Joseph W . Lane, M illiam H. Hummell, William G. Parker. 1874. Mayor — Obed Lewis. Aldermen — 1st Ward, Manuel DeSouza, William Hunter, Thomas Howey, Hiram 0. Bolles ;* 2d, Frank Reisch, Jr., Zimri A. Enos, Maurice Fitzgerald; 3d, Thomas G. Prickett, Tingley S. Wood, Leonidas H. Bradley, Xinian W. Edwards;* 4th, Edmund J. Scanlan, William G. Parker, Michael Riefler: 5th, Richard Roderick, Frank- Hudson, Jr., Louis Rosette; 6th, J ohn T. Rhodes, Joseph W. Lane, H. S. Dickerman. 1875. Mayor — Charles E. Hay. Aldermen — 1st Ward, George W. Ivrodell, Manuel DeSouza, Hiram 0. Bolles; 2d, William J. Flynn, Frank Reisch, Jr., Zimri A. Enos; 3d, Thomas C. Mather, Thomas G. Prickett, Tingley S. Wood; 4th, George McCutcheon, Edward J. Scanlan, Michael Riefler; 5th, William H. Staley, Frank Hudson, Jr., Richard Roderick; 6th, John Mayo Palmer, John T. Rhodes, Joseph W. Lane. * Elected to fill vacancy. TOWN AND CITY OFFICERS. 13 1876. Mayor — William Jayne. Aldermen — 1st Ward, John 0. Piper, George W. Krodell, Manuel DeSouza ; 2d, Frederick Walther, William J. Flynn, Frank Reisch, Jr.; 3d, William Sands, Thomas C. Mather, Thomas G. Prickett; 4th, William White, George 14. Hough, Edmund J. Scanlan; 5th, Charles Fisher, William H. Staley, Frank Hudson, Jr. ; 6th, James C. Conkling, John Mayo Palmer, John T. Rhodes. 1877. Mayor — William Jayne. Aldermen — 1st Ward, Man- uel Alfonso, John'O. 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 R. Hough; 5th, John 0. Rames, Charles Fisher, William H. Staley; 6th, John T. Rhodes, James Conkling, John Mayo Palmer. 1878. Mayor — John A. Vincent. Aldermen — 1st Ward, John E. Rosette, Manuel Alfonso, John 0. Piper; 2d, Joseph Trutter, Dennis O’Brien, Alfred Orendorff; 3d, Byron W. Ayers, James W. Smith, William Sands; 4th, Fred. McCarthy, Edmund J. Scanlan, William White; 5th, Wil- liam 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 Alfonso; 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, An- tonia Vieira, John Brennan, John E. Rosette; 2d, James - -Williams, Rudolph Hellweg, Dennis O’Brien; 3d, Henry B. Grubb, Josept 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.* Resigned; vacancy not filled. 14 TOWN AND CITY OFFICERS. 1881. Mayor — John MoCreery. 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 Con- Ion, George Kern, Richard O’Donnell; 5th, John 0. Rames, Edward S. Johnson; 6th, William Drake, John T. Rhodes, Hyppolite Fayart. 1882. t Mayor — A. N. J. Crook. Aldermen — 1st Ward, John Foster, Frank Jacoby; 2d, William Baker, George A. Bal- lou; 3d, George Ritter, John Fitzgerald; 4th, J. W. Car- ter, John Hopper; 5th, John T. Rhodes, Frank Fleury; 6th, Edmund J. Scanlan, Martin Sprague; 7th, Fred Gehring, John J. Kelly. 1883. Mayor — John McCreery. Aldermen — 1st Ward, John Foster, William Daughton; 2d, George A. Ballou, William H. Baker; 3d, John Fitzerald, Augustus Kessberger; 4th, J. W. Carter, George N. Black; 5th, Frank Fleury, E. A. Hall; 6th, E. C. Scanlan, Thomas White; 7th, John J. Kelly, John L. Phillips. 1884. Mayor — John McCreery. Aldermen — 1st Ward, An- drew J. Walker, William Daughton; 2d, Benjamin H. Fer- guson, William H. Baker; 3d, William Sheehan, August Keesberger; 4th, Charles G. Moody, George K. Black; 5th, James H. Barkley, E. A. Hall; 6th, E. C. Scanlan, Thomas White; 7th, John L. Phillips, Samuel H. Marshall. 1885. Mayor — J. M. Garland. Aldermen — 1st Ward, Andrew J. Walker, Eugene Colgan; 2d, Benjamin H. Ferguson, William Johnson; 3d, William Sheehan, Fred. Sommers; 4th, Charles G. Moody, George K. Black, 5th, James H. Barkley, Robert C. Steele; 6th, Thomas White, Henry P. Hall ; 7th, Samuel H. Marshall, John L. Phillips. 1886. Mayor — James M. Garland. Aldermen — 1st Ward, Eugene Colgan, Andrew J. Walker; 2d, William John- son, Benjamin H. Ferguson; 3d, Fred. Sommers, Zimri A. Enos; 4th, George K. Black, Charles W. Prouty; 5th, Robert C. Steele, Alexander McCosker; 6th, Henry P. Hall, Thomas White; 7th, John L. Phillips, Bluford Graves. tThe Mayor, Aldermen and other elective officers for the above year were elected at a special election held May 9, 1882, TOWN AND CITY OFFICERS. 15 1887. Mayor — Charles E. Hay. Aldermen — 1st Ward, Andrew J. Walker, P. E. Compton; 2d, Benjamin II. Ferguson, Henry L. Vanlloff; 3d, Zimri A. Enos, Fred. Sommers; 4th, Charles W. Prouty, John W. Chenery; 5th, Alexander McCosker, Joseph D. Myers; Gth, Thomas White, Michael Myers; 7th, Bluford S. Graves, Adam Fehr. 1888. Mayor — Charls E. Hay^. Aldermen — 1st Ward, P. E. Compton, Andrew J. Walker;* 2d, Henry L. VanHoff, B. H. Ferguson; 3d, Fred. Sommer, Z. A. Enos; 4th, John W. Chenery, Chas. W. Prouty; 5th, J. D. Myers, Fred. L. Matthews ; Gth, Michael Myers, Thomas White ; 7th, Adam Fehr, Jacob Wheeler. 1889. Mayor — Charles E. Hay. Aldermen — 1st Ward, John Franks, Calvin L. Elliott; 2d, B. H. Ferguson, Edward S. Gard; 3d, Z. A. Enos, John M. Striffler; 4th, Chas. W. Prouty, Eudolph Hellweg; 5th, Fred. L. Matthews, Joseph D. Myers ; Gth, Thomas White, Conrad Hartman ; 7th, Jacob Wheeler, Adam Fehr. 1890. Mayor — Charles E. Hay. Aldermen — 1st Ward, Cal- vin L. Elliott, John Franks; 2d, Edward S. Gard, Frank Hudson; 3d, John M. Striffler, Thomas H. Salmon; 4th, Eudolph Hellweg, Chas. J. Ambs; 5th, F. L. Matthews, J. D. Myers; 6th, D. F. Cullom, Thomas White; 7th, Adam Fehr, James T. Sullivan. 1891. Mayor — Eiieuna D. Lawrence. Aldermen — 1st Ward, John Franks, Maurice Powers; 2d, Frank Hudson, Jacob Ball; 3d, Thos. H. Salmon, Jacob Schilling; 4th, C. J. Ambs, John Black; 5th, F. L. Matthews, J. D. Myers; Gth, Thomas White, Frank Elshoff; 7th, James T. Sullivan, Evan T. Brewer 1892. Mayor — E. D. Lawrence. Aldermen — 1st Ward, John Franks, M. J. Powers; 2d, Frank Hudson, Jacob Ball; 3d, Thos. Salmon, J acob Schilling ; 4th, Charles J. Ambs, J ohn W. Black; 5th, F. L. Matthews, Joseph D. Meyers; Gth, Thos. White, Frank Elshoff; 7th, James T. Sullivan, E. T. Brewer. Seat contested. lb TOWN AND CITY OFFICERS. 1803. Mayor — R. I). Lawrence. Aldermen— 1st Ward, M. J. Powers, W. F. Reilly; 2d, Jacob F. Ball, Edward. Hen- derson; 3d, Jacob Schilling, George Reisch; 4th, John W. Black, Charles F. Rippey; 5th, Joseph D. Meyers, Robert C. Steele; 6th, Frank Elshoff, Thos. White; 7th, E. T. Brewer, John L. Phillips. 1804. Mayor — Frank Kramer. Aldermen — 1st Ward, Wm. F. Reilly, P. F. Murphy; 2d, Edward Henderson, Jacob F. Ball; 3d, George Reisch, Jacob Schilling; 4th, Charles F. Rippev, George W. Stubbs; 5th, Robt. C. Steele, J. W. Southwick; 6th, Thos. White, E. R. Saylor; 7th, John L. Phillips, M. U. Woodruff. 1805. Mayor — Frank Kramer. Aldermen — 1st Ward, P. T. 'Murphy, Frank Koch; 2d, Jacob F. Ball, Pascal E. Hatch; 3d, Loren E. Wheeler, John Biernbaum; 4th, George W. Stubbs, Charles Rippey; 5th, J. W. Southwick, R. C. Steele; 6th, E. R. Saylor, Otto Miller; 7th, M. U. Wood- ruff, John L. Phillips. 1896. Mayor — M. U. Woodruff. Aldermen — 1st Ward, F. Hicklin, Frank Koch; 2d, C. E. Paullin, Pascal E. Hatch; 3d, J. M. Striffler, John Biernbaum; 4th, L. Zumbrook, Charles Rippey; 5th, H. 0. McGrue, R. C. Steele; 6th, J. Ettlebrick, Otto Miller; 7th, J, Sutton, John L. Phillips. 1897. Mayor — M. U. Woodruff. Aldermen — 1st Ward, John Franks, F. Hicklin; 2d, Pascal E. Hatch, C. E. Paullin; 3d, Loren Wheeler, J. M. Striffler; 4th, Charles Rippey, L. Zumbrook ; 5th, R. C. Steele, H. 0. McGrue ; 6th, Otto Mil- ler, John Ettlebrick; 7th, John L. Phillips, J. Sutton. 1898. Mayor — Loren Wheeler. Aldermen — 1st Ward, Geo. Fitzgerald, John Franks; 2d, J. E. Gard, Pascal E. Hatch; 3d, Chas. Riefler, John Striffler; 4th, L. H. Zumbrook, Charles Rippey; 5th, H. O. McGrue, Robert C. Steele; 6th, John Ettlebrick, Otto Miller; 7th, J. Sutton, John L. Phillips. TOWN AND CITY OFFICERS. 17 1899. Mayor — Loren Wheeler. Aldermen — 1st Ward, Geo. Fitzgerald, John Franks; 2d, J. E. Gard, R. W. Casey; 3d, Chas. Riefler, John Striffler; 4th, L. H. Zumbrook, Oscar Ansell; 5th, H. 0. iMcGrue, R. A. Higgins; 6th, John Ettlebrick, Thomas White; 7th, J. Sutton, John L. Phillips. 1900. Mayor — Loren Wheeler. Aldermen — 1st Ward, Robt. Goodwin, John Franks; 2d, J. R. Miller, R. W. Casey; 3d, J. H. O’Brien, John Striffler; 4th, J. C. Neuman, Oscar Ansell; 5th, H. 0. McGrue, R. A. Higgins; 6th, J. Ettle- brick, Thomas White; 7th, Chas. Springer, J. L. Phillips. 1901. Mayor — John L. Phillips. Aldermen — 1st Ward, Robt. Goodwin, Joseph DeSilva; 2d, J. R. Miller, James Shaw; 3d, John Heimberger, Conrad Wirth; 4th, John C. Neuman, Oscar Ansell; 5th, H. 0. McGrue, R. A. Higgins; 6th, Thos. White, Fred Hoelzel; 7th, James Sutton, W. L. Ensel. PRESENT OFFICERS, 1902. JOHN L. PHILLIPS. Comptroller, RICHARD T. HICKMAN. Clerk, THOMAS R. OWEN, Treasurer, DAVID S. GRIFFITHS. Attorney, C. F. MORTIMER. City Engineer, FRANK H. HAMILTON. Superintendent of Police. HENRY HERRING. Fire Marshal, OTTO MILLER. Superintendent of Water Works, CHAS. VALENTINE. Superintendent of Streets, S. D. GRANT. Sanitary Inspector, F. IT. PATTERSON. City Prison Keeper, WILBUR F. MORRIS. ALDERMEN, First Ward, Jos. DeSilva, Robert Goodwin, Mayor Second Ward. J. E. Gard. John G. Friedmeyer. Third Ward. Edward Garms. Conrad Wirth. Fourth Ward. Oscar Ansell, John C. Neuman. Fifth Ward. Walter VanDuyn. H. 0. McGrue. Sixth Ward, Thos. White, Fred Hoelzel. Seventh Ward. E. T. Brewer. Wm. L. Ensel. POPULATION OF THE CITY OF SPRINGFIELD AT SUCCESSIVE DECADES. Federal Census, 1840 2,579 “ “ 1850 4,533 “ “ 1860 9,320 1870 17,364 “ “ 1880 19,743* “ “ 1890 25,902 “ “ 1900 34,159 * The last enumeration does not include the villages of West Springfield, South Springfield and Ridgefly, which properly belong to the city, and whose added inhabitants would increase the total population to more than 30,000. A LIST OF TITLES To Old State Laws, Relating to the Town and City of 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 February 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.t 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 Sanga- mon county was, on April 10, 1821, temporarily, and afterwards, on March 18,1825, permanently located at Springfield; and the title to a considerable portion 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. A LIST OF TITLES. 21 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 — Laws of 1837, page 322. 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 Feb- ruary 3, 1840 — Laws of 1840 (special session), page 6.t 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. Ap- proved 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 “Act 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 char- ter, approved March 2, 1854. A LIST OF TITLES. oo /V /V An Act requiring the sheriff of Sangamon county to pay cer- tain fines to the treasurer of the City of Springfield. Ap- proved 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 — Pri- vate Laws of 1854, page 35. t An Act to amend the charter of the City of Springfield. Ap- proved 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 (4) of article thirteen (13) of an act entitled “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. Ap- proved February 16, 1857 — Private Laws of 1857, page 1050. Ax Act to amend an act entitled “ An act to amend the char- ter 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 February 18, 1857 — Private Laws of 1857, page 1229. Ax Act to amend the charter of the City of Springfield. Ap- proved February 18, 1859 — Private Laws of 1859, page 269. * This act first established police magistrates’ courts in the State. fThe act of March 2, 1854, with its 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 incorpora- tion law of 1872. A LIST OF TITLES. 23 An Act to amend the charter of the City of Springfield. Ap- proved February 21, 1861 — Private Laws of 1861, page 277. An Act to amend the charter of the City of Springfield. Ap- proved February 16, 1865 — Private Laws of 1865. An Act to amend the charter of the City of Springfield. Ap- proved March 29, 1869 — Private Laws of 1869, vol. 11, page 241. An Act to incorporate the Springfield Gas Light Company. Approved February 27, 1854 — Private Laws of 1854 (spe- cial session), page 189. An Act to incorporate the managers of Oak Ridge Cemetery. Approved March 2, 1869 — Private Laws of 1869, vol. I, page 319.* An Act to authorize the election of. supervisors in the various 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 districts. 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. STATUTES AND ORDINANCES —3 An Order RELATIVE TO THE REVISION ANI) RECOMPILATION OF THE CITY CODE. Be it ordered by the City Council of the City of Springfield: That the City Code of the City of Springfield, be revised and recompiled and that said revision and recompilation be in charge and under the supervision of C. K. Mortimer, City Attorney. Said revision of the City Code above mentioned to be paid out of the Contingent Fund of said City, in a sum not to exceed Fifteen Hundred Dollars. It is further ordered that said City Attorney employ such as- sistance as may be necessary for the revision herein mentioned, by and with the consent and approval of the Mayor. State of Illinois, I County of Sangamon. S ss ' I, T. R. Owen, City Clerk of the City of Springfield, in the County and State aforesaid, do hereby certify that the foregoing is a true and correct copy of an order relative to the revision and recompilation of the City Code, passed at a meeting of the City Council held Monday evening, May 6, 1901. ( Seal of the / Given under my hand and seal of said City of Springfield, -( City of > this 9th day of January, 1902. ( Springfield. ) T. R. Owen, City Clerk. An Ordinance providing for the publication of the laws and ordinances of the CITY OF SPRINGFIELD. Be it ordained by the City Council of the City of Springfield: Section 1 . That the laws and ordinances.governing said City, as recompiled and revised by C. F. Mortimer, City Attorney, be, and the same are hereby or- dered printed and published in book form, to be styled the “Springfield City Code.” §2. This ordinance shall take effect and be in force from and after its passage. Passed, January 27th, 1902. Approved, January 27th, 1902. J. L. Phillips, Mavor T. R. Owen, City Clerk. STATE OF ILLINOIS, ) County of Sangamon, >ss City of Springfield. ) I, Thomas R. Owen, City Clerk of the City of Springfield, do hereby certify that the above and foregoing is a true copy of the ordinance entitled “An ordinance providing for the publication of the laws and ordinances of the City of Springfield.” Passed by the City Council of the City of Springfield, on the 27th day of January, 1902. I hereby certify that the original ordinance of which the foregoing is a certi- fied copy intrusted to my custody for safe keeping and is now on file in my office. ( Seal of the ) Witness my hand and the corporate seal of said City, this ] City of S 27th day of January, A. D. 1902. ( Springfield. ) T. R. Owen, City Clerk. STATUTES RELATING TO THE GOVERNMENT OF THE CITY OF SPRINGFIELD. 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 Springfield, at an election held April 4, 1882, and de- clared by the City Council April 6, 1882. CITIES AND VILLAGES. § 1. Be it enacted by the People of the State of Illinois , represented in the General Assembly, as follows: ARTICLE I. OF THE ORGANIZATION OF CITIES. 1. How city may be incorporated under this act.] § 1. That any city now existing in this State may become incorporated under this act in the manner following: When- ever 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 to a vote of the electors of said city at the next ensuing municipal election of said city or at a special elec- tion to be designated by them, and to give the notice required by law. [As amended by Act approved June 21, 1895. In force July 1, 1895 ; L. 1895, p. 97. 2. Notice of election.] § 2. The mayor of such city shall give at least thirty day’s notice of such election, by pub- lishing a notice thereof in one or more newspapers within such city ; but if no newspaper is published therein, then by posting at least five copies of such notice in each ward. 3. The ballot — result.] § 3. The ballots to be used at such election shall be in the following form : “For city or- STATUTES RELATING TO CITY. 28 ganization under general law ;” or, “Against city organization under general law.” The judges of such election shall make returns thereof to the city council, whose duty it shall be to canvass such returns and cause the result of such canvass to he 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 or- ganized 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 towns may become cities.] § 4. Any incorpor- ated town or village, in this state, having a population of not less than one thousand (1,000) inhabitants, may become in- corporated as a city in like manner as hereinbefore provided; but in all such cases the president and trustees of such town or village shall, respectively, perform the same duties relative to such change of organization as is above required to be per- formed by the mayor and council of cities. [As amended by act approved May 25^ 1877. In force July 1, 1877. L. 1877, p. 54. 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 fol- lowing: Any fifty legal voters thereof may file in the office of the clerk of the county court, of the county in which such in- habitants reside, a petition, addressed to the judge of such court; and if the territory described in said petition shall be in more than one county, then the petition shall be addressed to the judge of the court where a greater part of such territory is situated; which petition shall define the boundaries of such proposed city, and state the number of inhabitants residing within such limits, and also state the name of such proposed city, and shall contain a prayer that the question be submitted to the legal voters residing within such limits whether they will organize as a city under this act. It shall be the duty of the county judge to fix a time and place, within the boundaries ORGANIZATION OF CITIES. 29 of such proposed city, at which an election may be held to determine 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 canvassed by the county judge and any two justices of the peace whom he shall call to his assistance, instead of the city council; and the result of such election shall be entered upon the records of such county court. If a majority of the votes cast at such election shall be “For city organization under general law,” the inhabitants of such territory, described in such petition, shall be deemed to be incorporated as a city, under this act, and with the name stated in the petition. [See § 175. 6. Courts to take judicial notice of organization, etc.] § 6. All courts in this State shall take judicial notice of the existence of all villages and cities organized under this act, and of the change of the organization of any town or city from its original organization to its organization under this act; and from the time of such organization, or change of organi- zation, the provisions of this act shall be applicable to such cit- ies and villages, and all laws in conflict therewith shall no lon- ger be applicable. But all laws or parts of laws, not inconsistent with the provisions of this act, shall continue in force and ap- plicable 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 election. Such president and trus- tees shall appoint the judges and clerks to hold such election, canvass the returns thereof, and cause the result to be entered upon the records of the town; and the provisions of this act. 30 STATUTES RELATING TO CITY. relative to the 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. [See § 52. 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 for 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 corporate purposes, have a common seal, and change the same at pleasure, and exercise all the powers hereinafter conferred. 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, notwithstand- ing such change of organization; and the making of such change of organization shall not be construed to effect a change in the legal identit}^ as a corporation, of such city or town. 12. Rights, etc., of old corporations 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 incorpo- rated under the provisions of this act; but no rights or liabili- ties, either in favor of or against such corporation, existing at the time of so becoming incorporated under this act, and no ORGANIZATION OF CITIES. 31 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 un- der this act, the same shall be deemed cumulative to the reme- dies before provided, and used accordingly. 13. Record of result of election.] § 13. The corpo- rate authorities of any city or village which may become organ- ized under this act, shall within three (3) months after organi- zation hereunder, cause to be filed in the office of the recorder of deeds of the county in which such city or village is sit- uated, a certified copy of the record of the county court or of the city or village in the matter of such organization showing the canvass of the votes and the result of the election whereby such city or village became so organized, and the recorder of deeds shall record the same. And upon such record having been duly recorded by the recorder of deeds aforesaid, he shall immediately transmit the same to the Secretary of State to- gether with his certificate of such recordation endorsed thereon or annexed thereto and it appearing from the recitals in said record that the provisions of this act have been duly complied with, the Secretary of State shall file the same and charter said city or village by his certificate duly authenticated under his hand and the great seal of State. The Secretary of State shall keep a register of cities and villages organized under the pro- visions of this act. [As amended by Act approved June 7, 1895. In force July 1, 1895; L. 1895, p. 96. 13a. City register’s office 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 office shall be discontinued under this act, and the city register or recorder or other officer having the cus- tody of the records, books and papers pertaining to such city register or recorder’s office, shall deposit such records and books STATUTES RELATING TO CITY. 32 mid 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 hooks, and papers, shall from thereafter, be deemed and held for all pur- poses 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 tran- scripts made therefrom, shall have like force and effect as evi- dence as other records of said recorder’s office. [Added by amendment; act approved May 15, 1879. In force July 1, 1879. L. 1879, p. 65. ARTICLE II. OF TIIE MAYOR. 14 . Mayor — his qualifications.] § 1. The chief execu- tive 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 successor is elected and qualified. 15 . Vacancy one year or over.] § 2. Whenever a vacancy shall happen in the office of the mayor, when the un- expired term shall be one year or over from the date when the vacancy occurs, it shall be filled by an election. 16 . Vacancy less than year.] § 3. If the vacancy is less than one year, the city council shall elect one of its num- ber to act as mayor, who shall possess all the rights and powers of the mayor until the next annual election, and until his suc- cessor is elected and qualified. 17 . Mayor pro tem.] § 4. During a temporary absence or disability of the mayor, the city council shall elect one of its number to act as mayor pro tem., who, during such absence or disability, shall possess the powers of mayor. 18 . Vacancy by 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 vacant. DUTIES OF MAYOR. 33 19. 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 j shall give the casting vote. 20. 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 cicy demand such removal, but he shall re- port 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- thirds (2/3) 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. In force July 1, 1879. L. 1879, p. 66. 21. 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 § 83 ; also, “Sheriffs/ 5 ch. 125, § 17; “Criminal Code/ 5 ch. 38, § 340. 22. Release of prisoners.] § 9. He may release any per- son imprisoned for violation of any city ordinance, and shall report such release, with the cause thereof, to the council at its first session thereafter. 23. General duties.] § 10. He shall perform all such duties as are or may be prescribed by law or by the city ordin- ances, and shall take care that the laws and ordinances are faithfully executed. 24. 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, employee or officer of the city. 25. Messages to council.] § 12. The mayor shall, an- nually, and from time to time, give the council information STATUTES It ELATING TO CITY. 34 relative to the affairs of the city, and shall recommend for their consideration such measures as he may deem expedient. 26. To call out militia, etc. — riots, etc.] § 13. He shall have power, when necessary, to call on every male inhabitant of the city over the age of 18 years, to aid. in enforcing the laws and ordinances, and to call out the militia to aid in suppressing riots and other disorderly conduct, or carrying into effect any law or ordinance, subject to the authority of the governor as commander-in 'chief of the militia. 27. Misconduct, etc., of mayor or other officer — penalty.] § 14. In case the mayor or any other municipal officer shall at any time be guilt} r of a palpable omission of duty, or shall willfully and corruptly be guilty of oppression, malconduct or misfeasance in' the discharge of the duties of his office he shall be liable to indictment in any court of competent jurisdiction, and, on conviction, shall be fined in a sum not exceeding $1,000 ; and the court in which such conviction shall be had shall enter an order removing such officer from office. [See “Criminal Code,” eh. 38, § 208-219. 28. 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 organiza- tion, 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. ARTICLE III. OF THE CITY COUNCIL. 29. Council — how composed.] § 1. The city council shall consist of the mayor and aldermen. 30. Aldermen.] § 2. The number of aldermen, when not elected by the minority representation plan, shall be as follows : In cities not exceeding 3,000 inhabitants, six aldermen; exceed- ing 3,000, but not exceeding 5,000, eight aldermen; exceeding 5.000 and not exceeding 10,000, ten aldermen; exceeding 10,- 000 and not exceeding 30,000, fourteen aldermen; and two ad- ditional aldermen for every 20,000 inhabitants over 30,000 : Provided, however, that in cities of over 350,000 inhabitants there shall be elected forty-eight aldermen and no more, unless additional territory shall be annexed to such city, after such city shall have been divided into wards on the basis of forty-eight aldermen, in which case and as often as new territory shall be annexed to such city, as aforesaid, containing three or more square miles of territory or 15,000 inhabitants and not exceed- ing 25,000 inhabitants, such annexed territory shall constitute a ward of such city, and the city council of such city shall au- thorize the legal voters of such annexed territory to elect two aldermen from such ward in such annexed territory, which said aldermen in such annexed territory shall be addtional to said forty-eight aldermen, and who shall possess all the qualifica- tions of, and be elected at the time and in the manner, provided in the said act, of which this is an amendment: Provided, that if said annexed territory shall contain more than 25,000 inhabitants, then the city council shall authorize the legal vot- ers of such annexed territory to elect two aldermen for every 25.000 inhabitants thereof, and two additional aldermen for every fraction of 15,000 inhabitants or more. The number of inhabitants to be determined by the last preceding national. State or school census of such annexed territory. And if any such annexed territory has less than 15,000 inhabitants, and less than three square miles in extent, then the city council shall annex it to any ward or wards which it adjoins : Pro- vided, further, that when the number of aldermen in any such city shall reach seventy by reason of such annexed territory, the city council shall redistrict said city into thirty-five new wards and no more; and when said number of aldermen shall reach seventy, if any new territory is thereafter annexed which shall contain 25,000 inhabitants, or more, as determined by the last preceding national, State, school or other census authorized by law to be taken, then said city council shall redistrict said city into thirty-five wards; provided, further, that whenever after such new territory shall have been annexed, as aforesaid, said city shall be redistricted, the number of wards at the time said STATUTES RELATING TO CITY. 36 city is redistricted, shall be preserved, and the city council there- of may, in its discretion, change the boundary between such new ward and the original territory of the city, and make said new ward larger or smaller, to comply with the requirements of said act as to compactness and equality of inhabitants: And provided, further, if it shall appear from any census here- tofore or hereafter taken, that any city has the requisite num- ber of inhabitants to authorize it to increase the number of aldermen, it shall he the duty of the city council thereof to proceed without delay and redistrict such city in accordance with the provisions hereof, and to call and hold its next city election in accordance with such new redistricting: Provided, that at such election the aldermen who hold over shall be con- sidered aldermen for the new wards respectively in which their residence shall he, unless there shall be two or more aldermen who hold over in the same ward under this proviso, then, in such case, it shall be determined by lot in presence of the city council, in such manner as they shall direct, which aldermen shall hold over for such ward. [As amended by act approved and in force June 4, 1889. L. 1889, p. 78. 31. Term of office.] § 3. Aldermen shall hold their office for the term of two years, and until their successors are elected and qualified. 32. Vacancy.] § 4. If any vacancy shall occur in the office of alderman by death, resignation, removal or otherwise, such vacancy shall be filled by election. 33. Qualifications of aldermen.] § 5. Xo person shall be eligible to the office of alderman unless he shall be a qualified elector, and reside within the ward for which he is elected, nor shall he be eligible if he is in arrears in the payment of any tax or other liability due to the city; nor shall he be directly or indirectly interested in any contract whatever to which the city is a party ; nor shall he be eligible if he shall have been con- victed of malfeasance, bribery or other corrupt practices or crimes; nor shall he be eligible to any office, the salary of which is payable out of the city treasury, if at the time of his appoint- ment he shall be a member of the city council; nor shall any member of the city council at the same time .hold anv other office DUTIES OF CITY COUNCIL. 37 under the city government ; nor shall he be either directly or in- directly, individually, 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. 34. Council judge of its members.] § 6. The city council shall be judge of the election and qualification of its own mem- bers. 35. Rules — expulsion — bribery.] § 7. It shall determine its own rules of proceeding, punish its members for disorderly conduct, and with the concurrence of two-thirds of the aldermen elect, may expel a member, but not a second time for the same offense : Provided , that any alderman or councilman who shall have been convicted of briber}^ shall thereby be deemed to have vacated his office. 36. Quorum — compelling attendance.] § 8. A majority of the aldermen elect shall constitute a quorum to do business, but a smaller number may adjourn from time to time, and may com- pel the attendance of absentees, under such penalties as may be prescribed by ordinance. 37. 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. - 38. Chairman pro tern.] § 10. It may elect a temporary chairman in the absence of the mayor. 39. Open doors.] § 11. It shall sit with open doors. 40. Journal.] § 12. It shall keep a journal of its own pro- ceedings. 41. Yeas and nays — record — vote required.] § 13. The yeas and nays shall be taken upon the passage of all ordinances, and on all propositions to create any liability against the city, or for the expenditure or appropriation of its money, and in all other cases at the request of any member, which shall be en- tered on the journal of its proceedings; and the concurrence of STATUTES RELATING TO CITY. 158 a majority of all the members elected in the city council shall be necessary to the passage of any such ordinance or proposi- tion : Provided , it shall require two-thirds of all the aldermen elect to sell any city or school property. 42. Not to rescind vote at special meeting, unless, etc.] § 14. No vote of the city council shall be reconsidered or re- scinded 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. 43. When report laid over.] § 15. Any report of a com- mittee 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. 44. 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 the pur- pose of enforcing health and quarantine ordinances and regula- tions thereof. [See §§ 71, 170, 215, 216, 232. 45. Special meeting.] § 17. The mayor or any three aider- men may call special meetings of the city council. 46. Ordinances — approval — veto.] § 18. All ordinances passed by the city council shall, before they take effect, be de- posited 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 writ- ing, at the next regular meeting of the council occurring not less than five days after the passage thereof. Such veto may ex- tend to any one or more items or appropriations contained in any ordinance making an appropriation, or to the entire ordi- nance; 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. 47. Reconsideration — passing over veto.] § 19. Upon the return of any ordinance by the mayor, the vote by which the same ELECTIONS. 39 was passed shall be reconsidered by the council; and if, after such reconsideration, two-thirds of all the members elected to the city council shall agree, by yeas and nays, to pass the same, it shall go into effect, notwithstanding the mayor may refuse to approve thereof. The vote to pass the same over the mayor’s veto shall be taken by yeas and nays, and entered on the journal. ARTICLE IY. ELECTIONS. 48. 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 cor- porate 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. L. 1877, p. 54. See §§ 265, 266. 49. 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 treas- urer shall be elected in each city : Provided , that no person shall be elected to the office of city treasurer for two terms in succes- sion. [As amended by act approved and in force March 26, 1877. L. 1877, p. 54. 50. 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 preceding thereto, may vote at any election for city or village officers. [See “Elec- tions,” ch. 46, § 65, 66 ; Const., art., 7, § 1, p. 67. 51. Wards.] § 4. The city council of any city in this State, whether organized under this act or under any special law of this State, may, from time to time, divide the city into one half as many wards as the total number of aldermen to which the city is entitled ; and one alderman shall, annually, be elected in and for each ward, to hold his office for two years, and until his successor is elected and qualified. In the formation of wards the population of each shall be as nearly equal, and the ward shall be of as compact and contiguous territory, as practicable. [As amended 'by act approved June 17, 1887. In force July 1, 1887. L. 1887, p. 116. 40 STATUTES RELATING TO CITY. 52. Aldermen at first election — classified.] § 5. At the first election under this act, there shall be elected the full num- ber 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 num- ber of aldermen, at their first election, one-half shall be elected for one year, and one-half for two years. 53. Minority representation.] § 6. Whenever this act shall be submitted to the qualified electors of any city for adop- tion, there shall be submitted at the same time for adoption or rejection the question of minority representation in the city coun- cil or legislative authority of such city. At the said election the ballot shall be in the following form: “For minority represen- tation in the city council,” or “against minority representation in the city council,” and at any subsequent time on petition of the legal voters equal in number 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 questions 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 can- vass such returns, and to cause the result of such canvass to be entered on the records of such city. If a majority of the votes cast at such election shall be for equal representation in the city council, then the members of the city council, or legislative au- thority of such cit}q shall be thereafter elected in the following manner: The council or legislative authority of such city, at least one month before the general election in the year in which this act shall take effect in such cit} r , 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 representation in the city council. Districts shall be formed of contiguous and com- pact territory, and contain as near as practicable, an equnl num- ber of inhabitants : And provided , further , that where said ELECTIONS. 41 council or legislative authority of such city have not fixed a ratio of representation 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 ordinances 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. L. 1883, p. 56. 54. 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 district in which such vacancies shall occur, at the time to be designated by the city council. In all elections for aldermen aforesaid, each qualified voter may cast as many votes as there are aldermen to be elected in his district, or may distribute the same or equal parts thereof, among the candi- dates, as he shall see fit, and the candidate highest in votes shall be declared elected. [As amended by act approved and in force April 1, 1883. L. 1883, p. 57. 55. Aldermen when 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. 56. 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 42 STATUTES RELATING TO CITY. notice to be printed in some newspaper published in such city, if there be one, or posted at each voting place in such city, of the time, places of election, and of the officers to be elected, for at least twenty days prior to such election. 57. Manner of conducting elections, etc.] § 10. The man- ner of conducting and voting at elections to be held under this act and contesting the same, the keeping of poll lists and can- vassing 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 au- thority as the judges and clerks of general State elections. After the closing of the' polls, the ballots shall be counted and the returns made out and returned, under seal, to the city or village clerk, as the case may be, within two days after the election; and, thereupon, the city council or board of trustees, as the case may be, shall examine and canvass the same and declare the result of the election, and cause a statement thereof to be entered upon its journals. [See “Elections,” ch. 46, § 48, et seq. 58. 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 presence of the city council or board of trustees, in such manner as they shall direct, which candi- date or candidates shall hold the office. 59. 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 appointment made, to notify all persons elected or appointed to office of their election or appointment, and unless such persons shall respectively qualify in ten days after such notice, the office shall become vacant. 60. 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 TOWERS OF CITY COUNCIL. 43 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. 61. Special elections.] § 14. If there is a failure to elect any officer herein required to be elected, or the person elected should fail to qualify, the city council or board of trustees may forthwith order a new election therefor; and in all cases, when necessary for the purposes of this act, may call special elections, appoint judges and clerks thereof, canvass the returns thereof, and provide by ordinance for the mode of conducting the same ; and shall give notice of such special 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. 62. § 1 . The city council in cities, and president and the board of trustees in villages, shall have the following powders : First — To control the finances and property of the corpora- tion. Second — To appropriate money for corporate purposes only, and provide for payment of debts and expenses of the corpora- tion. Third — To levy and collect taxes for general and special purposes on real and personal property. Fourth — To fix the amount, terms and manner of issuing and revoking licenses. Fifth — To borrow money on the credit of the corporation for corporate purposes, and issue bonds therefor, in such amounts and form, and on such conditions as it shall prescribe, but shall not become indebted in any manner or for any pur- pose to an amount, including existing indebtedness, in the ag- 44 STATUTES RELATING TO CITY. gregatc to exceed five (5) per centum on the value of the taxa- ble property therein, to be ascertained by the last assessment for the State and county taxes previous to the incurring of such indebtedness; and before or at the time of incurring any in- debtedness, shall provide for the collection of a direct annual tax sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal thereof within twenty years after contracting the same. Sixth — To issue bonds in place of or to supply means to meet maturing bonds, or for the consolidation or funding of the same. Seventh — To lay out, to establish, open, alter, widen, extend, grade, pave or otherwise improve streets, alleys, avenues, side- walks, wharves, parks and public grounds, and vacate the same. Eighth — To plant trees upon the same. Ninth — To regulate the use of the same. Tenth — To prevent and remove encroachments or obstructions upon the same. Eleventh — To provide for the lighting of the same. Twelfth — To provide for the cleansing of the same. Thirteenth — To regulate the openings therein for the laying of gas or water mains and pipes, and the building and repair- ing 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 association of per- sons 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 struc- tures thereunder; and to require the owner or occupant of any POWERS OF CITY COUNCIL. 45 premises to keep the sidewalks in front of, or along the same, free from snow and other obstructions. Fifteenth — To regulate and prevent the throwing or deposit- ing of ashes, offal, dirt, garbage, or any offensive matter in, and to prevent injury to any street, avenue, alley, or public ground. Sixteenth — To provide for and regulate crosswalks, 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 hand hills and advertisements. Eighteenth — To regulate and prohibit the exhibition or carry- ing of banners, placards, advertisements or hand bills 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 ani- mals, vehicles, cars and locomotives within the limits of the corporation. Twenty-second — To regulate the numbering of houses and lots. Twenty-third — To name and change the name of any street, avenue, alley* or other public place. Twenty-fourth — To permit, regulate or prohibit the locating, constructing or laying a track of any horse railroad in any street, alley or public place ; but such permission shall not be for a lon- ger time than twenty years. Twenty-fifth — To provide for and change the location, grade and crossings of any railroad. Twenty-sixth — To require railroad companies to fence their respective railroads, or any portion of the same, and to construct cattle guards, crossings of streets and public roads, and keep. 4G STATUTES RELATING TO CITY. the same in repair, within the limits of the corporation. In case any railroad company shall fail to comply with any such ordi- nance, it shall be liable for all damages the owner of any cattle or horses or other domestic animal may sustain by reason of in- juries thereto while on the track of such railroad, in like man- ner and extent as under the general laws of this State relative to the fencing of railroads ; and actions to recover such damages may be instituted before any justice of the peace or other court of competent jurisdiction. Twenty-seventh — To require railroad companies to keep flag- men at' railroad crossings- of streets, and provide, protection against injury to persons and property in the use of such rail- roads. To compel such railroads to raise or lower their railroad tracks to conform to any grade which majq at any time, be es- tablished 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 com- 1 pel 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 can not stand on their grounds or right of way, and so that the natural drainage of adjacent property shall not be impeded. Twenty-eighth — To construct and keep in repair bridges, via- ducts 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 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. POWERS OF CITY COUNCIL. 47 Thirty-fourth — To control and regulate the anchorage, moor- age 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 juris- diction. Thirty-sixth — To fix the rate of wharfage and dockage. Thirty-seventh — To collect wharfage and dockage from all boats, rafts or other craft landing at or using any public landing place, wharf, dock or levee within the limits of the corporation. Thirty-eighth — To make regulations in regard to use of har- bors, towing of vessels, opening and passing of bridges. Thirty-ninth — To appoint harbor masters and define their duties. Fortieth — To provide for the cleansing and purification of waters, water-courses and canals, and the drainage or filling of ponds on private property, whenever necessary, to prevent or abate nuisances. Forty-first — To license, tax, regulate, suppress and prohibit 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, draymen, omnibus drivers, carters, cabmen, porters, expressmen, and all others pursuing like occupations, and to prescribe their compen- sation. 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 im- plements kept or used for a similar purpose in any place of pub- lic 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 48 STATUTES RELATING TO CITY. within three miles of the outer boundaries of the city; and also to suppress gaming and gambling houses, lotteries, and all fraud- ulent devices and practices, for the purpose of gaining or obtain- ing money or property ; and to prohibit 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 fer- mented liquor, the license not to extend beyond the municipal year in which it shall be granted, and to determine the amount to be paid for such license: Provided , that the city council in cities, or president and board of trustees in villages, may grant permits to druggists for the sale of liquors for medicinal, me- chanical, sacramental and chemical purposes only, subject to forfeiture, and under such restrictions 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. Forty-seventh — The foregoing shall not be construed to affect the provisions of the charter of any literary institution hereto- fore granted. Forty-eighth — And the city council in cities, and president and board of trustees in villages, shall also have the power to' forbid and punish the selling or giving away of any intoxicating, malt, vinous, mixed or fermented liquor to any minor, apprentice or 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 all other provisions, and to provide for place and manner of selling the same. Fifty-first — To prevent and punish forestalling and regrating. Fifty-second — To regulate the sale of bread in the city or vil- lage ; prescribe the weight and quality of the bread in the loaf. POWERS OF CITY COUNCIL. 49 Fifty-third— To provide for and regulate the inspection of meats, poultry, fish, butter, cheese, lard, vegetables, cotton, to- bacco, flour, meal and other provisions. Fifty-fourth — To regulate the inspection, weighing and meas- uring 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 construc- tion of fire escapes therein. Sixty-second — The city council, and the president and trus- tees in villages, for the purpose of guarding against the calami- ties 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, 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 man- ner of ascertaining such damage. Sixty-third — To prevent the dangerous construction and con- dition of chimneys, fire-places, hearths, stoves, stove-pipes, ovens, boilers and apparatus used in and about any building and manufactory, and to cause the same to be removed or placed in a safe condition, when considered dangerous; to regulate and prevent the carrying on of manufactories dangerous in causing 50 STATUTES RELATING TO CITY. and promoting fires; to prevent the deposit of ashes in unsafe places, and to cause all such buildings and enclosures as may be in a dangerous state to be put in a safe condition. Sixty-fourth — To erect engine houses, and provide fire en- gines, hose carts, hooks and ladders, and other implements for prevention and extinguishment of fires, and provide for the use and management of the same by voluntary fire companies or otherwise. Sixty-fifth — To regulate and prevent storage of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, hemp, cotton, nitro-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 of bonfires; also to regulate and restrain the use, of fireworks, 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 necesssary police ordinances. Sixty-seventh — To provide for the inspection of steam boilers. Sixty-eighth — To prescribe the duties and powers of a super- intendent of police, policeman and watchman. Sixty-ninth — To establish and erect calabooses, bridewells, houses of correction and workhouses for the reformation and confinement of vagrants, idle and disorderly persons, and per- sons convicted of violating any city or village ordinances, 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 im- posed by law, and with the consent of the county board. Seventy-first — To provide by ordinance in regard to the rela- tion between all the officers and employes of the corporation in repect to each other, the corporation and the people. Seventy-second — To prevent and suppress riots, routs, affrays, noises, disturbances, disorderly assemblies in any public or pri- vate place. POWEUS OF CITY COUNCIL. 51 Seventy-third — To prohibit and punish cruelty to animals. Seventy-fourth — To restrain and punish vagrants, mendicants and prostitutes. Seventy-fifth — To declare what shall be a nuisance, and to abate the same ; and to impose 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 medi- cal dispensaries, and control and regulate the same. [See Char- ities, ch. 23, §§ 105 to 116. 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 pur- chase or otherwise, and cause cemeteries to be removed, and pro- hibit their establishment within one mile of the corporation. Eightieth — To regulate, restrain and prohibit the running at large of horses, cattle, swine, sheep, goats, geese and dogs, and to impose a tax on dogs. [See §§ 426 to 428. Eighty-first — To direct the location and regulate the manage- ment and construction of packing houses, renderies, tallow chandleries, bone factories, soap factories and tanneries, within the limits of the city or village, and within the distance of one mile without the city or village limits. Eighty-second — To direct the location and regulate the use and construction of breweries, distilleries, livery stables, blacksmith shops and foundries within the limits of the city or village. Eighty-third — To prohibit any offensive or unwholesome busi- ness or establishment within or within one mile of the limits of the corporation. Eighty-fourth — To compel the owner of any grocery, cellar, soap or tallow chandlery, tannery, stable, pig-sty, privy, sewer STATUTES RELATING TO CITY. or other unwholesome or nauseous house or place, to cleanse, abate, or remove the same, and to regulate the location thereof. Eighty-fifth — The city council or trustees of a village, shall have power to provide for the taking of the city or village cen- sus; but no city or village census shall be taken by authority of the council or trustees oftener than once in three years. Eighty-sixth — -To provide for the erection and care of all public buildings necessary for the use of the city or village. Eighty-seventh — To establish ferries, toll bridges, and license and regulate the same, and from time to time fix tolls thereon. Eighty-eighth — To authorize the construction of mills, mill- races and feeders on, through or across the streets of the city or village, at such places and under such restrictions as they shall deem proper. Eighty-ninth — The city council shall have power, by con- demnation or otherwise, to extend any street, alley or highway over or across, or to construct any sewer under or through any railroad track, right of way, or land of any railroad company (within the corporate limits) ; but where no compensation is made to such railroad company, the city shall restore such rail- road track, right of way or land to its former state, or in a suf- ficient 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 rail- road tracks in any street of the city to any steam, dummy, elec- tric, cable, horse or other railroad company, whether the same shall be incorporated under any general or special law of the State, now or hereafter in force, except upon the petition of the owners of the land representing more than one-half of the front- age of the street, or so much thereof as is sought to be used for railroad purposes, and when the street or part thereof sought to be used shall be more than one mile in extent, no petition of land owners shall be valid unless the same shall be signed by the own- ers of the land representing more than one-half of the frontage of each mile and of the fraction of a mile if any in excess of the POWERS OF CITY COUNCIL. 0 o whole miles measuring from the initial point named in such pe- tition, of such street or of the part thereof 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 prac- tice having a tendency to annoy persons passing in the streets or on the sidewalks, or to frighten teams and horses. Ninety-third — To regulate and prohibit the keeping of any 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 guar- dians, 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 penalties as the city council or board of trustees shall deem proper : Provided , no fine or penalty shall exceed $200.00, and no imprisonment shall exceed six months for one offense. [As amended by act approved and in force March 30, 1887. L. 1887, p. 108. Yates et al. v. Village of Batavia, 79 111. 500; Tugman v. City of Chicago, 78 111. 405; Covington v. City of East St. Louis, 78 111. 548. 62y 2 . Emergency.] § 2. Whereas, some question exists as to the necessity of a petition signed by the property owners to authorize the granting to companies organized under what is known as the Horse and Dummy Act, the right to use streets; 54 STATUTES RELATING TO CITY. therefore, an emergency exists, and this act shall take effect and be in force from and after its passage. [As amended by act ap- proved and in force March 30, 1887. L. 1887, p. 115. 62a. Power to license, tax, etc., itinerant merchants, etc.] § 1. Be it enacted by the People of the State of Illinois, repre- sented in the General Assembly, That the city council in cities, and the president and board of trustees in villages and incor- porated towns, shall have power to license, tax, regulate, sup- press or prohibit itinerant merchants and transient venders of merchandise. ( 1 ) AN ACT to extend the powers of the city council in cities, and the president and board of trustees in villages and incorporated towns. [Approved June 16,1887. In force July 1,1887. L. 1887, p. 117.] 63. Style of ordinances.] § 2. The style of the ordinances in cities shall be: “Be it ordained by the City Council of. . . . 64. 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 village; and no such ordinance shall take effect until ten days after it is so published. And all other ordinances, orders and resolutions shall take effect from and after their passage, unless otherwise provided therein. 65. 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 au- thority of the board of trustees or the city council, the same need not be otherwise published; and such book or pamphlet shall be received as evidence of the passage and legal publication of such ordinances, as of the dates mentioned in such book or pam- phlet, in all courts and- places without further proof. [See “Evidence,” etc., ch. 51, § 14. 66. 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 cor- POWERS OF CITY COUNCIL. 55 porate name of the city or village as plaintiff; and no prosecu- tion, recovery or acquittal, for the violation of any such ordi- nance, shall constitute a defense to any other prosecution of the same party for any other violation of any such ordinance, al- though the different causes of action existed at the same time, and, if united, would not have exceeded the jurisdiction of the court or magistrate. 67. Fines and licenses — paid to treasurer.] § 6. All fines and forfeitures for the violation of ordinances, when collected, and all moneys collected for licenses or otherwise, shall be paid into the treasury of the corporation, at such times and in such manner as may be prescribed by ordinance. 68. Summons — affidavit — punishment.] § 7. In all ac- tions for the violation of any ordinance, the first process shall be a summons: Provided , however, that a warrant for the arrest of the offender may issue in the first instance upon the affidavit of any person that any such ordinance has been vio- lated, and that the person making the complaint has reason- able grounds to believe the party charged is guilty thereof ; and any person arrested upon such warrant shall, without un- necessary delay, be taken before the proper officer to be tried for the alleged offense. Any person upon whom any fine or pen- alty shall be imposed, may, upon the order of the court or magis- trate before whom the conviction is had, be committed to the county jail or the calaboose, city prison, workhouse, house of correction, or other place provided by the city or village for the incarceration of offenders, until such fine, penalty and cost shall be fully paid: Provided, that no such imprisonment shall ex- ceed 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 corpora- tion, 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 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. TSee § 299. STATUTES RELATING TO CITY. 56 69. Jurisdiction of justices, etc.] § 8. Any and all jus- tices of the peace and police magistrates shall have jurisdiction in all cases arising under the provisions of this act, or any ordi- nance passed in pursuance thereof. 70. Constable 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. 71. 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 ordinances, 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 pro- vide for commutation of such labor at not more than one dollar and fifty cents per day. [As amended by act approved April 10, 1875. In force July 1 , 1875. See §§ 44, 215, 216. L. 1875, p. 62 . ARTICLE VI. OFFICERS THEIR POWERS AND DUTIES. 72. 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 treasurer. 73. 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 aldermen elected, pro- > vide for the election by the legal voters of the city, or the ap- pointment by the mayor, with the approval of the city council, of a city collector, a city marshal, a city superintendent of streets, a corporation counsel, a city comptroller, or any or either of them, and such other officers as may by said council be deemed necessary or expedient. The city council may, by aTike vote, by ordinance or resolution, to take effect at the end of POWERS AND DUTIES OF OFFICERS. 57 the then fiscal year, discontinue any office so created, and devolve the duties thereof on any other city officer; and no officer filling any such office so discontinued, shall have any claim against the city on account of his salary, after such discontinuance. The city marshal shall perform such duties as shall be prescribed by the city council for the preservation of the public peace, and the observance and enforcement of the ordinances and laws; he shall possess the power and authority of a constable at com- mon law, and under the statutes of this state. [Sheridan et al. v. Colvin et al., 78 111., 237. 74. Appointments — vacancies — duties — powers.] § 3. All officers of any city* except where herein otherwise provided, shall be appointed by the m'ayor (and vacancies in all offices except the mayor and aldermen shall be filled by like appointment) by and with the advice and consent of the city council. The city council may, by ordinance not inconsistent with the provi- sions of this act, prescribe the duties and define the powers of all such officers, together with the term of any such office : Pro- vided, the term shall not exceed two years. [See §§ 15-18, 32 and 490. 75. Oath — bond.] § 4. All officers of any city or village, whether elected or appointed, shall, before entering upon the duties of their respective offices, take and subscribe the follow- ing oath or affirmation: I do solemnly swear (or affirm, as the case may be, ) that I will support the constitution of the United States, and the constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of according to the best of my ability. Which oath or affirmation, so subscribed, shall be filed in the office of the clerk. And all such officers, except aldermen and trustees, shall, before entering upon the duties of their respec- tive offices, execute a bond with security, to be approved by the city council or board of trustees, payable to the city or village, in such penal sum as may, by resolution or ordinance, be directed, conditioned for the faithful performance of the duties of the office and the payment of all moneys received by such officer, according to law and the ordinances of said city or vil- lage: 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 — 4 58 STATUTES RELATING TO CITY. amount of the estimated tax and special assessments for the current year — which bonds shall be filed with the clerk (ex- cept the bond of the clerk, which shall be filed with the treas- urer. ) 76. Commission — certificate — delivery to successors.] § 5. All officers elected or appointed under this act (except the clerk, aldermen and mayor, and trustees,) shall be commissioned by warrant, under the corporate seal, signed by the clerk and the mayor or presiding officer of the city council or board of trus- tees. 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 request, deliver to his successor in office all property, books and effects of every description in his posses- sion, belonging to the city or village, or appertaining . to his said office; and upon his refusal to do so, shall be liable for all the damages caused thereby, and to such penalty as may by ordinance be prescribed. 77. 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 to any office who is a defaulter to the corpora- tion: Provided, however, this shall not apply to the appoint- ment or election of city engineer in incorporated cities and vil- lages : And provided , that the same shall not apply to appoint- ment of attorneys in incorporated villages, if such appointee be not a defaulter to the corporation. [As amended by act ap- proved June 21, 1895. In force July 1, 1895. L. 1895, p. 96. 78. Not interested in contracts, etc.] § 7. No officer shall be directly or indirectly interested in any contract, work or bus- iness of the city, or the sale of any article, the expense, price or consideration of which is paid from the treasury, or by any assessment levied by any act or ordinance; nor in the purchase of any real estate or other property belonging to the corporation, or which shall be sold for taxes or assessments, or by virtue of legal process at the suit of said corporation. POWERS AND DUTIES OF OFFICERS. 59 79. 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 furnish, in whole or in part, to be promised, offered or given to any mem- ber of the city council or board of trustees, or any officer of the corporation, after or before his election or appointment as such officer, any moneys, goods, right in action, or other property or anything of value, or any pecuniary advantage, present or prospective, with intent to influence his vote, opinion, judgment or action on any question, matter, cause or proceeding which may be then pending, or may by law be brought before him in his official capacity, shall, upon conviction, be imprisoned in the penitentiary for a term not exceeding two years, or shall be fined not exceeding $5,000, or both, in the discretion of the court. Every officer who shall accept any such gift or promise, or un- dertaking to make the same under any agreement or understand- ing that his vote, opinion, judgment or action shall be in- fluenced 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 convic- tioii, be disqualified from holding any public office, trust or ap- pointment under the city or village, and shall forfeit his office, and shall be punished by imprisonment 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 provisions of this section, shall be a competent witness against any other person offending in the same trans- action, and may be compelled to appear and give evidence be- fore 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. [See “Criminal Code,” ch. 38, § 31, 35. 80. Mayor, etc., not to hold other office.] § 9. No mayor, aldermen, city clerk, or treasurer, shall hold any other office un- der the city government during his term of office. [See “Offi- cers,” ch. 102, § 2, 4. 81. Duties of clerk.] §10. The clerk shall keep the cor- porate seal, to be provided under the direction of the city coun- cil or board of trustees, and all papers belonging to the city or STATUTES RELATING TO CITY. 60 village; he shall attend all meetings of the city council or board of trustees, and keep a full record of its proceedings in the jour- nal; and copies of all papers duly filed in his office, and tran- scripts from the journals and other records and files of his of- fice, certified by him under the corporate seal, shall be evidence in all courts in like manner as if the originals were produced. 82. 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 memorandum of the date of the passage and of the publication or posting of such ordinances, which record and memorandum, or a certified copy thereof, shall be prima facie evidence of the passage and legal publication or posting of such ordinances for all purposes what- soever. 83. Conservators of the peace — powers of.] § 12. The trustees in villages, the mayor, aldermen, and the marshal and his deputies, policemen and watchmen in cities, if any such be appointed, shall be conservators of the peace, and all officers cre- ated 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 of the city or village, or any criminal law of the State, commit for examination and, if nec- essary, detain such persons in custody over night or Sunday in the watch house or any other safe place, or until they can be brought before the proper magistrate, and shall have and exer- cise 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 whomsoever directed, may be served and executed within the cor- porate limits of any such city or village by any policeman of such city or village; such policemen being hereby clothed with all the common law and statutory power of constables for such purposes. [As amended by act approved June 14, 1883. In force July 1, 1883. L. 1883, p. 58; See § 21. 84. Compensation of mayor.] § 13. The mayor of any city shall receive such compensation as the city council may by POWERS AND DUTIES OF OFFICERS. 61 ordinance direct, but his compensation shall not be changed dur- ing his term of office. See § 243. 85. Compensation of aldermen and trustees.] § 14. The aldermen and trustees may receive such compensation for their serivces as shall be fixed by the ordinances : Provided , however, that in cities of less than 350,000 inhabitants such compensa- tion shall not exceed the sum of three dollars to each alderman for each meeting of the city council or board of trustees actually attended by him; in cities of more than 350,000 inhabitants such compensation shall not exceed the sum of fifteen hundred dollars per annum for each alderman, and in villages the com- pensation to trustees shall not exceed the sum of one dollar and fifty cents for each meeting of the board of trustees actually at- tended by such trustees. No other salary or compensation shall be allowed any aldermen or trustee: Provided , further, that this act shall apply to all cities, towns and villages in this State whether incorporated under a general or special law, and that in all such villages and incorporated towns the trustees thereof shall receive compensation for not more than one meeting in each week. [As amended by act approved and in force May ,26, 1897. L. 1897, p. 94. 86. Compensation of other officers.] § 15. All other- officers 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 such officer was elected or appointed; and every such officer shall make and return to the mayor, or president of the board of trustees, a semi-annual report, verified by affidavit, of all such fees and emoluments received by him. [See “Fees and Salaries/’ ch. 53, §' 38. % 87. Administering oaths.] § 16. The mayor of any city, and the clerk of any city or village, shall have power to admin- ister oaths and affirmations upon all lawful occasions. STATUTES RELATING TO CITY. 62 ARTICLE VII. OF FINANCE. 88. Fiscal year.] § 1. The fiscal year of each city or vil- lage organized under this act shall commence at the date estab- lished by law for the annual election of municipal, officers there- in, or at such other times as may be fixed by ordinance. 89. Annual appropriation 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 sum or sums of money as may be deemed necessary to defray all necessary expenses and liabilities of such corporation; and in such ordinance shall specify the objects and purposes for which such appropriations are made, and the amount appropriated for each object or purpose. No further appropriations shall be made at any other time within such fis- cal year, unless the proposition to make each appropriation has been first sanctioned by a majority of the legal voters of such city or village, either by a petition signed by them, or at a general or special election duly called therefor. [Commissioners of Highways v. Newell et al., 80 111., 587; Spring et al. v. Collec- tor of the City of Olney, 78 111., 101. 90. Limitation — emergency — borrowing money.] § 3. Neither the city council nor the board of trustees,, nor any de- partment or officer of the corporation, shall add to the corpora- tion expenditures in any one year anything over and above the amount provided for in the annual appropriation bill of that year, except as is herein otherwise specially provided; and no expenditure for an improvement to be paid for out of the gen- eral fund of the corporation shall exceed, in any one year, the amount provided for such improvement in the annual appro- priation bill : Provided , hoivever , that nothing herein contained shall prevent the city council or board of trustees from order- ing, by a two-thirds vote, any improvement, the necessity of which is caused by any casualty or accident happening after such annual appropriation is made. The city council or board of trustees may, by a like vote, order the mayor or president of the FINANCE. 63 board of trustees and finance committee to borrow a sufficient amount to provide for the expense necessary to be incurred in making any improvements, the necessity of which has arisen as is last above mentioned, for a space of time not exceeding the close of the next fiscal year — which sum, and fhe interest, shall be added to the amount authorized to be raised in the next general tax levy, and embraced therein. Should any judgment be obtained against the corporation, the mayor, or president of the board of trustees and finance committee, under the sanc- tion of the city council or board of trustees, may borrow a suf- ficient amount to pay the same, for a space of time not ex- ceeding the close of the next fiscal year- — which sum and inter- est 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. [Sherlock et al. v. Village of Winnetka, 68 111., 530. 91. 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 in- curred by any of the officers or departments of the corporation, whether the object of the expenditure shall have been ordered by the city council or board of trustees or not, unless an appro- priation shall have been previously made concerning such ex- pense, except as herein otherwise expressly provided. [See “Criminal Code,” ch. 38, § 208. 92. 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 ma} r be prescribed by ordi- nance, and such books and accounts shall always be subject to the inspection of any member of the city council or board of trustees. 93. Separate accounts.] § 6. He shall keep a separate account of each fund or appropriation, and the debts and credits belonging thereto. 94. 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. 04 STATUTES RELATING TO CITY. 95. Monthly statements — warrants — vouchers — register.] S N. 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 bv ordi- nance (under oath), showing the state of the treasury at the date of such account, and the balance of money in the treasury. He shall also accompany such account with a statement of all moneys received into the treasury, and on what account, to- gether with all warrants redeemed and paid by him; which said warrants, with any and all vouchers held by him, shall be de- livered to the clerk, and filed with his said account in the clerk’s office, upon every day of such settlement. He shall return all warrants paid by him stamped or marked “paid.” He shall keep a register of all warrants redeemed and paid, which shall describe such warrants, and show the date, amount, number, the fund from which paid, the name of the person to whom and when paid. 96 Deposit of funds — separate from his.] § 9. The treas- urer may be required to keep all moneys in his hands, belong- ing to the corporation, in such place or places of deposit as may be designated by ordinances: Provided , however , no such ordi- nance 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 cur- rent year from taxes and special assessments levied, or to be lev- ied, by the corporation. The treasurer shall keep all moneys be- longing to the corporation in his hands separate and distinct from his own moneys, and he is hereby expressly prohibited from using, either directly or indirectly, the corporation money or warrants in his custody and keeping, for his own use and ben- efit, or that of any other person or persons whomsoever ; and any violation of this provision shall subject him to immediate re- moval from office b} r the city council 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 FINANCE. 65 the remainder of the term unexpired of such officer so removed. [See “Criminal Code,” eh. 38, § 80, 81. 97. 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 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 treas- ury at the close of the fiscal } r ear; which account the clerk shall immediately cause to be published in a newspaper printed in such city, if there be one, and if not, then by posting the same in a public place in the clerk’s office. 98. Warrants.] § 11. All warrants drawn upon the" treas- urer must be signed by the mayor and countersigend 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. 99. 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 payment of the improvement for which the assessment was made, and said money shall be used fqr no other purpose whatever, unless to reimburse such corporation for money expended for such im- provement. CITY COLLECTOR. 100. His duties.] § 13. It shall be the duty of the collec- tor, 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 pertaining to his office, shall at all times be open to the inspection of, and subject to the ex- amination of the mayor, city clerk, any member of the coun- cil, or committee thereof. He shall weekly, and oftener if re- STATUTES RELATING TO CITY. GO quired by the council, pay over to the treasurer all moneys col- lected by him from any source whatever, taking such treas- urer’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. 101. He shall report, etc. — publication.] § 14. ITe shall make a report in writing, to the council, or any officer desig- nated by the council, of all moneys collected by him, the ac- count 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 col- lected by him during the year, the particular warrant, special assessment or account on which collected, the balance of mon- eys uncollected on all warrants in his hands, and the balance remaining uncollected at the time of the return on all warrants which he shall have returned, during the preceding fiscal year, to the city clerk. The city clerk shall publish or post the same, as hereinbefore required to be done in regard to the annual re- port of the treasurer. [See § 97. 102. Not to detain money — penalty.] § 15. The collec- tor is hereby expressly prohibited from keeping the moneys of the city in his hands, or in the hands of any person or corpora- tion, to his use, beyond the time which may be prescribed for the pa}unent of the same to the treasurer, and any violation of this provision will subject him to immediate removal from office. [See “Criminal Code/’ ch. 38, § 80, 81. 103. 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 treas- urer, taking his receipt therefor in duplicate, one of which re- ceipts he shall at once file in the office of the clerk. CITY COMPTROLLER. 67 CITY COMPTROLLER. 104. His powers and duties.] § 17. The city comptroller (if there shall be any city comptroller appointed, if not, then the clerk), shall exercise a general supervision over all the of- ficers of the corporation charged in any manner with the re- ceipt, 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 and control of which is not herein given to any other officers; and he shall, on or before the fifteenth day of May, in each year, and before the annual appropriations to be made by the city council or the board of trustees, submit to the city coun- cil or board of trustees a report of his estimates, as nearly as may be, of moneys necessary to defray the expenses of the cor- poration during the current fiscal year. He shall, in said re- port, 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 report, he is authorized to re- quire of all officers their statement of the condition and ex- penses of their respective offices or departments, with any pro- posed improvements and the probable expense thereof, all con- tracts made and unfinished, and the amount of any and all unexpended appropriations of the , preceding year. He shall, in such report, show the aggregate income of the preceding fis- cal year, from all sources, the amount of liabilities outstand- ing upon which interest is to be paid, the bonds and debts payable during the year, when due and when payable; and in such re- port 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. 105. 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 STATUTES RELATING TO CITY. G8 relating to the duties of city clerk, or the powers of city clerk in connection with the finances, the treasurer and collector, or the receipt and disbursements of the moneys of such city, shall he exercised and performed by such comptroller, if one there shall be appointed; and to that end and purpose, wherever in this act heretofore the word “clerk” is used, it shall be held to mean “comptroller;” and wherever the “clerk’s office” is re- ferred to, it shall be held to mean “cQmptroller’s office.” 106. 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 outstanding 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. 107. Further duties may be required.] § 20. The collec- tor and treasurer, and all other officers connected with the re- ceipt and expenditure of money, shall perform such other duties, and be subject to such other rules and regulations as the city council or board of trustees may, from time to time, by ordi- nance, provide and establish. 108. 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 trustees, whose decision in all matters of controversy arising between said officers shall be binding, unless the city council or hoard of trustees shall otherwise direct and provide. 109. Who may appoint subordinates.] § 22. The comp- troller (if there shall be one), the clerk, treasurer and collector, shall, severally, appoint such various clerks and subordinates in their respective offices as the city council or board of trustees GENERAL PROVISIONS. 69 may authorize, and shall be held, severally, responsible for the fidelity of all persons so appointed by them. 110. Foreign insurance companies — license, etc. — penalties.] § 23. All corporations, companies or associations not incorpo- rated under the laws of this State, engaged in any city in effect- ing fire insurance, shall pay to the treasurer the sum of $2 upon the $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 da}^ 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 corpora- tions, companies or associations, respectively. Every person who shall act in any city or village as agent, or otherwise, for or on behalf of any such corporations, company or association, shall, on or before the fifteenth day of July and January, in each year, render to the comptroller (if 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 insurance. Such agents shall also pay over to the treasurer, at the time of ren- dering the aforesaid account, the amount of rates for which the company or companies represented by them are severally chargeable by virtue hereof. If such account be not rendered on or before the day hereinbefore designated for that purpose, or if the said rates shall remain unpaid after that day, it shall be unlawful for any corporation, company or association so in default to transact any business of insurance in any such city or village, until the said requisitions shall have been fully com- plied with; but this provision shall not relieve any company from the payment of any risk that may be taken in violation hereof. Any person or persons violating any of the provisions of this section shall be subject to .indictment, and upon convic- tion thereof, in any court of competent jurisdiction, shall be fined in any sum not exceeding $1,000, or imprisoned not ex- ceeding six months, or both, in the discretion of the court. Said rates may also be recovered of such corporation, company' 70 STATUTES RELATING TO CITY. or association, or its agent, by action in the name and for the use of any such city or village, as for money had and received for its use : Provided , that this section shall only apply to such cities and villages as have an organized fire department, or maintain some organization for the prevention of fires. [See § 324; also “Insurance,” ch. 73, § 30. ARTICLE VIII. t OF THE ASSESSMENT AND COLLECTION OF TAXES. 111. Ordinance of 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 follow- ing: The city council or boards of trustees, as the case may be, shall, annually, on or before the third (3) Tuesday in September in each year, ascertain the total amount of appropria- tions for alL corporate purposes legally made and to be collected from the tax levy of that fiscal year ; and, by an ordinance speci- fying in. detail the purposes for which such appropriations are made and the sum or amount appropriated for each purpose re- spectively, levy the amount so ascertained upon all the prop- erty subject to taxation within the city or village as the same is assessed 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 valua- tion of all property subject to taxation within the city or vil- lage as the same is assessed and equalized for State and county purposes, will produce a net amount of 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 village. And where the corporate limits of any city or village shall lie partly in two or more counties, the city council or board of trustees shall ascertain the total amount of all taxable property lying within the corporate limits of said city or village in each county as the same is assessed and equalized for State and county purposes for the current year, and certify the amount of taxable property in each county within said city or village, under the seal of said city or village, to the county ASSESSMENT AND COLLECTION OE TAXES. 71 clerk of the county where the seat of government of such city or village is situated, 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, ascertained as aforesaid, will produce a net amount not less than the amount so directed to be levied; and said clerk shall, as soon as said rate per cent of taxation is ascertained, certify under his hand and seal of office to the county clerk of any other county wherein a portion of said city or village is situate, such rate per cent, and it shall be the duty of such county clerk to whom such rate per cent is certi- fied to extend such tax in a separate column upon the book or books of the .collector or collectors of the State and county taxes for such county against all property in his county within the limits of said city or village: Provided, the aggregate amount of taxes levied for any one year, exclusive of the amount levied for the payment of bonded indebtedness or interest thereon, shall not exceed the rate of two (2) per centum upon the ag- gregate valuation of all property within such city or village sub- * ject to taxation therein, as the same was equalized for State and county taxes for the current year. And provided, further, that nothing herein contained shall be held to repeal or modify the limitations contained in section 49 of an act entitled, “An act for the assessment of property and providing the means therefor, and to repeal a certain act therein named, approved Feb. 25, 1898.” [As amended by act approved April 22, 1899. In force July 1, 1899. L. 1899, p. 92. 112. 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. 113. 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. [See “Revenue,” eh. 120, §§ 138, 164, 167, 243> 244. STATUTES RELATING TO CITY. 114 . When tax levied for particular purpose.] § 4 . When- • ever any city or village is required to levy a tax for the payment of any particular debt, appropriation or liability of the same, the tax for such purpose shall be included in the total amount assessed by the city council or hoard of trustees, and certified to the county clerk as aforesaid; but the city council or hoard of trustees shall determine, in the ordinance making such as- sessment, what proportion of such total amount shall be appli- cable to the payment of such particular debt, appropriation or liability; and the city or village treasurer shall set apart such proportion of the tax collected and paid to him for the payment of such particular debt, appropriation or liability, and shall not disburse the same for any other purpose until such debt, appropriation or liability shall have been discharged. 115 . Uniformity.] § 5. All taxes levied or assessed by any city or village, except special assessments for local improve- ments, 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 tax- ation under the constitution and general laws of the State. [See Const., art. 9, § 9. ARTICLE IX. SPECIAL ASSESSMENTS FOR LOCAL IMPROVEMENTS. Note.— Sections 116 to 168r omitted, the same being repealed by implication by “Act concerning Local Improvements.” Approved June 14, 1897. See §§507 to 605 inclusive. For power to use this act in special cases instead of article IX see § 604. ARTICLE X. ( MISCELLANEOUS PROVISIONS ) — WATER. 169 . Water — borrow money.] § 1 . The city council or board of trustees shall have the power to provide for a supply of water b} r the boring and sinking of artesian wells, or by the construction and regulation of wells, pumps, cisterns, reser- voirs or water works, and to borrow money therefor, and to au- thorize any person or private corporation to contruct and main- tain the same at such rates as may be fixed by ordinance, and for a period not exceeding thirty years; also to prevent the un- MISCELLANEOUS PROVISIONS. 73 necessary waste of water; to prevent the pollution of the water, and injuries to such wells, pumps, cisterns, reservoirs or water works. [See § 254-269. 170. Acquiring' property for water 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 porperty therefor, in the manner provided for the taking or injuring private property for public uses; and the jurisdiction of the city or village to prevent or punish any pollution or injury to the stream or source of water, or to such v v ater works, shall extend five miles beyond its corporate limits, or so far as such water works may extend. [See § 256; also “Eminent Domain,” ch. 47. 171. Regulations — 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 am^ street, avenue or alley in such city or village through which the dis- tributing pipes of such water works (if any) of said city or vil- lages 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 continuing lien or charge upon such lot or parcel of ground, building or build- ings, situated thereon, and such lien or charge may be collected or enforced in such manner as the city council may, by ordi- nance prescribe. And the corporate authorities may levy a gen- eral tax for the construction and maintenance of such water works, and appropriate money therefor. 74 STATUTES RELATING TO CITY. 172. Tax-payer may enforce rights in name of city, etc.] § 4. A suit may be brought by any tax-payer, in the name and for the benefit of the city or village, against any person or cor- poration, to recover any money or property belonging to the city or village, or for any money which may have been paid, expended, or released without authority of law: Provided, that such tax- payer shall file a bond for all costs, and be liable for all costs in case the city or village be cast in the suit, and judgment shall be rendered accordingly. 173. Maps, approval of.] § 5 . The city council or board of trustees shall have pow r er to provide, by ordinance, that any map, plat, or subdivision of any block, lot, sublot, or part thereof, or of any piece or parcel of land, shall be submitted to the city council or board of trustees, or to some officer to be designated by such council or board of trustees, for their or his approval; and in such cases no such map, plat or subdivision shall be en- titled to record in the proper county, or have any validity until it shall have been so approved. [See “Recorders,” ch. 115 , § 13 . 174. Inhabitants competent as jurors, etc.] § 6. No per- son shall be an incompetent judge, justice or juror, by reason of his being an inhabitant or freeholder in said city or villiage, in any action or proceeding in which said city or village may be a party in interest. 175. 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 deter- mined by reference to the latest census taken by authority of the United States or this State, or of such city or village; and it shall be the duty of the Secretary of State, upon the publica- tion 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 ordinance, provide for the taking of a census of the population thereof, in order to determine the number of such population for any and all purposes of this act. And the several courts in this State shall take judicial notice of the population of any city or village, as the same may appear from the latest federal, State, city or village census so taken. ORGANIZATION OF VILLAGES. 75 176. 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. 177. City or village need not give appeal bond.] § 9. When in any suit the city or village prays an appeal from the judgment of any court of this State to a higher court, it shall not be re- quired to furnish an appeal bond. ARTICLE XI. OF THE ORGANIZATION OF VILLAGES. 178. By incorporated towns.] § 1 . Any town in this State incorporated, either under any general law for the incorporation of towns and acts amendatory thereof, or under any special act for the incorporation of any town or village, or any town which may be organized out of territory which may be disconnected from any incorporated town under the provisions of an act en- titled “An act to provide for the division of incorporated towns,” may become organized as a village under this act in the manner following: Whenever any thirty voters in such town shall pe- tition the corporate authorities 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 corporate authorities to submit the same accordingly and to fix a time and place within such town for holding such elec- tion and to appoint the judges to hold such election, and to give notice of the time, place and purpose of such election by caus- ing at least five notices thereof to be posted in public places in such town for at least fifteen days prior to holding such election. [As amended by act approved June 18, 1891. In force July 1, 1891. L. 1891, p. 79. Village of Glencoe v. People, 78 111. 382. 179. Ballot.] § 2. Each qualified voter, resident within such town, or proposed village, shall have the right to cast a bal- lot at such election, with the words thereon, “For village organi- gation under the general law,” or “Against village organization under the general law.” 180. Returns — canvass — record.] § 3. The judges of such election shall make returns thereof to the president and trus- tees of the town, as soon as practicable after such election is STATUTES RELATING TO CITY. 7 b hold; 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. 181. Result — old officers continue until, etc.] § 4. If a majority of the votes cast at such election are for village organi- zation 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. 182. New 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 included within the limits of any incorporated town, village or city, the same may become incorporated as a village, under this act, in the man- ner 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 ter- ritory 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 in- tended to be embraced in such village, the number of inhabi- tants resident therein, and the name of such proposed village. [See § 175. 183. 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 ap- pointing 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 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 ORGANIZATION OF VILLAGES. 7 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. 184. 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 bounda- ries and name mentioned in the petition, shall, from thence- forth, 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 refer- ence 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 terminate as soon as their succes- sors are elected and qualified, at the regular annual election. 185. Trustees — corporate name — powers.] § 8. In each village organized under this act, there shall be elected by the qualified electors therein six trustee's, who shall hold their office 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 an- nually thereafter there shall be elected three trustees, who shall hold their office for the term of two years, and until their suc- cessors 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 prop- erty necessary for corporate purposes, adopt a common seal and alter the same at pleasure, and possess all other powers as a cor- poration in this act conferred upon cities not exceeding five thousand inhabitants, except as herein otherwise expressly pro- 78 STATUTES RELATING TO CITY. vidcd. And wherever the words “city council” or “mayor” occur in this act, the same shall be held to apply to the trus- tees and president of such village, so far as the same may be applicable. [As amended by act approved May 28, 1879. In force July 1, 1879. L. 1879, p. 67. 186. 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, and shall receive as compensation therefor a salary to be fixed by the board of trustees, which salary shall in no case exceed two thousand dollars ($2,000) per annum; 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, and pass ordinances in like manner. The president of the board of trustees may exercise the same 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. [As amended by act approved and in force May 22, 1889. L. 1889, p. 84. 187. Style of ordinances.] § 10. The style of ordinances passed in villages shall be as follows: “Be it ordained by the President and Board of Trustees of the Village of ,” (as the case may be). 188. 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 commissioners, a village constable, and such other officers as may be necessary to carry into effect the powers conferred upon villages, to pre- scribe their duties and fees, and require such officers to exe- cute bonds as may be prescribed by ordinance. 189. Powers of constable.] § 12. The village constable shall have the same powers to make arrests, execute process, 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. ORGANIZATION OF VILLAGES. 79 190. 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 lim- its of any township, an election for trustees, and a clerk of vil- lages, 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 purposes. [As amended by act ap- proved and in force March 11, 1881. L. 1881, p. 59. 191. Suits — jurisdiction — fines, etc.] § 14. Suits and prosecutions for the violations 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 money so collected shall be paid into the village treasury. 192. Police magistrates.] § 15. There may be a police magistrate elected at a regular annual election in each village, 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 qualified. [See § 249. 193. 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. 193a. Changing from city to village.] § 17. That it shall be the duty of the mayor and common council of any city, upon the 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. That said election shall be governed by the provisions of sections fifty (50), fkfty-six (56) and fifty-seven (57) of said act, and the legal voters at said election shall vote for or against the organ- 80 STATUTES RELATING TO CITY. ization of said city into a village, and the tickets shall he writ- ten or printed “For Village Organization ” or “ Against Village Organization /' and if there shall he 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 mean- ing of said act under its former name so changed, and shall* succeed to all the rights and he 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 for the election of trustees as near as may be, as provided for under sections one hundred and eighty-four (184) 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 pur- pose until one year shall have elapsed. [This section added to the above act by amendment approved May 29, 1879. In force July 1, 1879. L. 1879, p. 68. AN ACT amending- an act entitled, “An act to provide for the incorporation of cities and villages,” approved April 10, 1872, in force July 1,1872, and amend- ments thereto, by adding thereto sections to be numbered 18, 19, 20, 21, 22, and 23. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That Article XL of an act entitled, “An act to provide for the incorporation of cities and villages, ” approved April 10,1872, in force ’July 1,1872, and all amendments thereto, be, and the same is hereby, amended by adding thereto the following sections, numbered 18, 19, 20, 21, 22 and 23, to-wit: 193b. By part of village or incorporated town.] § 18. Any part of any village or incorporated town in this State, lying upon the border thereof, and having a population of not less than three hundred (300) inhabitants, may become organized as a village under this act in the manner following: A petition shall be presented to the judge of the county court of the county wherein such village or incorporated town is located, asking that the question of organizing such a part of said village or incorporated town into a village under this act be submitted to the legal voters of the said cit}q village or in- corporated town. Such petition shall clearly define the boundary of the terri- tory proposed to be organized as a village under this act, shall state the population thereof, and the name proposed for the vil- lage to be organized therefrom, and shall be signed by not less than thirty (30) of the legal voters residing within the limits of the territory proposed to be organized into a village under ORGANIZATION OF VILLAGES. 81 this act, providing that if the votes cast by the voters resid- ing within the limits of said territory at the last preceding election numbered more than three hundred (300), then in that case the petition shall be signed by legal voters residing within the said territory, numbering not less than one-tenth of the number of votes cast within said territory at the last preceding general or municipal election. Thereupon said judge of the county court shall cause to be submitted to the voters of such village or incorporated town, at an election to be held therein, the question of organizing the territory described in said petition into a village under this act. Such question may be submitted at either a special election called for the purpose, or at any municipal election, or at any general election; and notice of said election shall be given by causing notice to be published in at least one newspaper in said county within which said village or incoporated town may be, at least fifteen days before said election, by the clerk of the county court: Provided , that no petition shall be valid for or- ganizing a village from part of a village or incorporated town, if the territory remaining in the old village on incorporated town shall be less than four (4) square miles, or have a popula- tion of less than three hundred (300) inhabitants. [This sec- tion added by amendment approved April 8, 1901. In force July 1, 1901. 193c. By elections — how conducted — ballot.] § 19. In all cases where the territory affected by the proposed election shall be under the city election law, and shall lie within the jurisdiction of any board of election commissioners, as pro- vided by the act entitled, "An act regulating the holding of elections and declaring the result thereof in cities, villages and incorporated towns of this State,” approved June 19, 1885, in force July 1, 1885, such election and all municipal, county, state or general elections that may be held in such territory prior to the qualification of the village officials of the village proposed to be formed under this act shall be conducted by such board of election commissioners in conformity with the provis- ions of said act and all amendments thereto. But where such territory is not within the jurisdiction of such board of election commissioners, the said election shall 82 STATUTES RELATING TO CITY. be conducted in the manner provided by law for the conduct- ing of other municipal elections within said territory, and each qualified voter resident within such village or incorporated town shall have the right to cast a ballot at such election “for vil- lage organization under the general law” or “against village organization under the general law” of the territory proposed to be organized as a village under this act. If the boundaries of the territory proposed to be organized into a village under this act intersect election precincts, then, in those precincis so intersected, an additional ballot box shall be provided, into which shall be deposited only the ballots of the voters residing within the limits of the territory so sought to be organized into a village under this act. The ballots cast at such elections shall be received, canvassed and returned the same as ballots for municipal officers of such city, village or incorporated town. [This section added by amendment approved April 8, 1901. In force July 1, 1901. 193d. When subsequent election may be held.] § 20. Xo election on the same question and including territory within the same boundaries shall be had after one election thereon, un- til one year shall have elapsed. Two or more petitions, each being for wholly different terri- tory may be acted upon, and the questions proposed in said pe- titions may be submitted to vote at the same time. And in de- termining the results of such simultaneous elections, the vote on each question submitted shall be counted and given effect the same as though it was the only question voted upon. If two or more petitions are presented embracing in part the same territory, then the one first presented shall be submitted to vote, as above provided, and if that is carried, the other pe- titions shall not be submitted at all; but if the first is voted down, then the petition next presented shall be submitted, and so on, until one has been carried, or all have been voted upon. [This section added by amendment approved April 8, 1901. In force July 1, 1901. 193e. When such territory shall become a village.] § 21. Where it shall appear that the majority of the voters in such village or incorporated town, as well as a majority of the voters ORGANIZATION OF VILLAGES. 83 residing within the limits of the territory proposed to be organ- ized under this act as a village, so voting npon the question vote for said organization under this act, thereupon such terri- tory shall become a village under this act, under the name spec- ified in said petition, upon the election and qualification of of- ficers, as provided in the next section. [This section added by amendment April 8, 1901. In force July 1, 1901. 193f. Election of officers.] § 22. In all cases where the proposition for the organization of such a village under this act has been adopted, village officers shall thereupon be elected in the manner prescribed, by law in case of newly organized vil- lages, and until such officers are elected and qualified the of- ficers of the village or incorporated town shall continue juris- diction over said territory. Upon the election and qualification of the officers of the new village formed under this act, the terms of all officers of the village or incorporated town held by the residents of the said new village under this act, who continue to reside in said new village, shall thereupon be terminated, and the occupants of such offices shall cease to act upon their successors being duly elected or appointed. [This section added by amendment ap- proved April 8, 1901. In force July 1, 1901. 193g. Certain sections applicable — when such new village considered incorporated.] § 23. Sections eight (8) to eigh- teen (18), both inclusive, and section twenty (20) of an act entitled, “An act to provide for the annexation of cities, incor- porated towns and villages, or parts of same, to cities, incor- porated towns and villages,” approved and in force April 25, 1889, and all amendments thereto, shall be applicable and govern in all matters affecting the interests, status, properties, divis- ion, distribution, and settlement of the matters and things men- tioned in said act, so far as the provisions of said act are appli- cable and are not in conflict with the provisions of the forego- ing sections of this act. And in the application of the pro- visions of the said act and of the amendments thereof, the said new village shall be considered as a village or incorporated town to which territory is annexed, and the old village or incorporated town from which said new village is formed shall be considered 84 STATUTES RELATING TO CITY. ns a village or incorporated town from which territory is taken. [ This section added l>y amendment approved April 8, 1901. In force July 1, 1901. 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 Julv 1, 1872. L. 1871-2, p. 264. J Amended by act approved May 10, 1901. In foice July 1, 1901. 195. Petition to be annexed — vote of people — annexing.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That on petition, in writ- ing, signed by a majority of the legal voters, and by a majority of the property owners, 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 village, city or town (as the case may be) shall submit to a vote of the peo- ple of said city, village or town (as the case may be), at its next regular election, or a special election to be called within sixty (60) days after said petition is presented, the question of the annexation of such proposed territory. Provided, how- ever , that where the said petition shall be presented within ninety (90) days prior to a regular election, no special election shall be called. In case the question of such annexation shall receive a majority of all the votes cast at said election in favor thereof, the city council or board of trustees of said city, vil- lage or town (as the case may be), shall, within ninety days thereof, by ordinance, annex such territory to such city, village or town, upon filing a copy of such ordinance, with an accurate map of the territory annexed (duly certified by the mayor of the city or president of the board of trustees of the village or town) in the office of the recorder of deeds in the county where the annexed territor}^ is situated, and having 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. [As amended by act approved May 10, 1901. In force July 1, 1901. 196. Annexing one corporation to another.] § 2. Any incorporated cit}q village or town may be annexed to another ANNEXING AND EXCLUDING TERRITORY. 85 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 pend- ing suits may be prosecuted and earned to final judgments and execution, the same as if such annexation had not taken place. In making such annexation, the corporations so unit- ing may, by ordinance, fix the terms of the annexation, which shall have the force and effect of a binding con- tract: 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 gen- eral election thereof, and adopted by 1 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, pro- vided, 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 munic- ipal officers of such city, town or village. 197. 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 ar- ticle, it shall be lawful for the city council or board of trus- tees of such city, village or town, by a two-thirds vote of all the aldermen or trustees elect, by ordinance or resolution, to au- thorize 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 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 de- sired 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 proposed to be heard : Provided, that nothing in 8 G STATUTES RELATING TO CITY. this section contained shall authorize said petition to be filed un- less the territory so sought to be annexed (except territory inter- vening 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 fifty inhabi- tants 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 alle- gation in said petition. [City of Galesburg v. Hawkinson, 75 111., 152. 198. Notice of proceedings.] § 4. When it shall be de- termined 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 news- paper 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 post- ing up notices at least fourteen days before such time of hear- ing, 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. 199. Objections to annexation — trial.] § 5. The legal vQters resident upon the territory thus proposed to be annexed, 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 impaneled for that purpose (no member of the jury so impaneled shall be a resident of the corporation or territory to be annexed, nor of the town or towns in which said corpora- tion or territory may be situated), shall hear all competent evi- dence that may be offered by either party; and the court may continue the hearing from time to time, for any cause, and make all proper orders in regard to the hearing, giving of notices and other disposition of the case. ANNEXING AND EXCLUDING TERRITORY. 87 200. Finding* — costs, etc.] § 6. If, upon the hearing, the court or the jury shall find that such territory ought to be an- nexed 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 or jury 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 an- nexation of any of the territory embraced in such petition, within one year from the time of entering such order: Pro- vided , that new trials may be granted as in other jury cases. 201. Proceedings by owner to be annexed.] § 7. When not less than a majority in number of the legal voters or the owner or owners of any tract or tracts 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 situated, pray to be annexed to such city, village or town, the like pro- ceedings 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 he left with the mayor of such city, or president of such village or town, at least ten days before such petition is heard. 202. 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 proceeding shall- be had as is required by sections four, five and six of the act for the annex- ation 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. 203. Map and ordinance recorded.] § 9. When any ter- ritory is annexed to any city, village or town, as provided in this act, it shall be the duty of the mayor of the city, or the pres- ident of the board of trustees of the village or town (as the 88 STATUTES RELATING TO CITY. cuso may bo), 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, td be filed for record and recorded in the recorder’s office for the county in which such added ter- ritory is situated. If 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. 204. School districts.] § 10. All school districts, and other corporations incorporated for school purposes, under spe- cial acts of the legislature, desiring to annex or disannex ter- ritory, may proceed under the provisions of this act. [See “Schools,” ch. 122, § 33. 205. 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. DISCONNECTION OF TERRITORY. AN ACT in relation to the disconnection of territory from cities and villages, and to repeal an act therein named. [Approved and in force May 10, 1901.] 206. Disconnecting territory.] § 1. Be it enacted by 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 village, and being upon the border and within the boundaries thereof, not laid out into city or village lots or blocks, shall petition the city council of such city, or the trustees of such village, pray- ing 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 the certifi- cate of the county clerk showing that all city taxes or assess- ments due up to the time of presenting such petition are fully paid, at least 30 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 vil- lage, shall present such petition to the city council or trustees, as the case may be, and upon such presentation the city coun- cil of such city or trustees of such village may, in the discre- DISCONNECTION OF TERRITORY. 89 tion of such city council or trustees of such Tillage, 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 , however, that the territory so disconnected shall not thereby be exempted from taxation for the purpose of paying any indebtedness con- tracted 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 pur- pose of paying such indebtedness the same as if such territory had not been disconnected until such indebtedness is fully paid. 207. Ordinance recorded.] § 2. A copy of the ordinance disconnecting the territory from any city or village, certified by • the clerk of such city, or president of the trustees of such vil- lage, shall be filed for record and recorded in the recorder’s of- fice of the county in which such disconnected territory is sit- uated, and a copy of such ordinance so certified shall be filed with the clerk of the county court of the county in which such disconnected territory is situated. 208. Judicial notice.] § 3. All courts in this State shall take judicial notice of cities and villages' and the changes made in their territory under this act. 209. What property act applies.] § 4. This act shall ap- ply to and affect all cases where property has not been discon- nected by such city council or trustees of such village, whether application has been made for disconnection or not. 210. Repeal.] § 5. An act in relation to the disconnec- tion of territory from cities and villages, approved and in force May 29, 1879, and all other acts and parts of acts in conflict with this act are hereby repealed. 210y 2 . Emergency.] § 6. Whereas, An emergency ex- ists, therefore this act shall take effect and be in force from and after its passage. —5 90 STATUTES RELATING TO CITY. DIVISION OF INCORPORATED TOWNS. AN ACT to provide for the division of incorporated towns. [Approved June 13. 1891. In force July 1, 1891. Laws 1891. p. 71. 210a. Manner of disconnecting — election — notice — election of officers.] § 1 . Be it enacted by the People of the State of Illinois , represented in the General Assembly, That any portion of an incorporated town, such portion having an area of not less than one square mile and a resident population of not less than 1,000, and lying upon the border and within the boundary of such incorporated town, may be disconnected from such town as a separate town in manner following, that is to say : A petition shall be presented to the county judge of the county . in which such incorporated town is situated, asking that the question of disconnection be submitted to the legal voters of such town. Such petition shall clearly define the boundary of such territory sought to be so disconnected; shall state the pop- ulation thereof and the name proposed for the town to be or- ganized therefrom, and shall be signed by not less than 100 of the legal voters residing within the limits of the territory sought to be disconnected, unless the votes cast by the voters residing within the limits of such territory at the last preceding elec- tion numbered less than 500, in which case the petition shall be signed by one-fifth of the legal voters residing within the limits of such territory; and thereupon the said county judge shall cause to be submitted the question of disconnection to the voters of such incorporated town at an election to be held in such incorporated town; such question shall be submitted at the next succeeding general or municipal election, provided such general or municipal election shall be holden at a time not less than 20 days or more than 60 days after the presentation of said petition to said county judge. In case the next succeeding general or municipal election shall be holden at a time within 20 days or more than 60 days after the presentation of said pe- tition as aforesaid, then the said county judge shall order a spe- cial election to be holden in said town after the manner of hold- ing town elections at a time not more than 30 days after the presentation of said petition. Notice of the election hereby required shall be given by causing notices thereof to be published in at least one newspaper published in said county within which DIVISION OF INCORPORATED TOWNS. 91 said incorporated town may be, at least 15 days before such elec- tion by the clerk of the county court. The ballots cast at such election to be written or printed or partly written and partly printed “for disconnection of” (here set out the limits of the territory sought to be disconnected) or “against disconnection of" (here set out the limits of the territory sought to be discon- nected) respectively, to be received, canvassed and returned the same as ballots for municipal officers of such incorporated town, and the officers who are charged by law with the duty of can- vassing such votes, shall ascertain the exact residence of each voter, voting at such election, either from the books of registra- tion or from the oath or affirmation of such voter, and in elec- tion precincts which are intersected by the boundaries of the territory sought to be disconnected, the judge of election shall procure an additional ballot box in which shall be deposited only the ballots of voters residing within the limits of the territory so sought to be disconnected, and shall file or cause to be filed with the clerk of the county court of such county a 'certificate of such canvass immediately upon ascertaining the result thereof, in which certificate such officers shall state, as well as the re- sults of the entire vote as canvassed by them, the number of votes cast by the voters residing within the limits of the terri- tory so sought to be disconnected, and the number of votes for and the number of votes against the question so submitted as cast by such voters; and if it shall appear that the majority of the voters of such incorporated town as well as a majority of the voters residing within the limits of the territory sought to be dis- connected> so voting upon the question of division at such election vote for disconnection, thereupon such territory shall become dis- connected and wholly separated from such town, both as an in- corporated town and as a town under the township organization laws, and shall constitute a duly organized town under the name proposed in the aforesaid petition under the general township or- ganization laws, and the jurisdiction of the corporate authori- ties of the town from which such territory shall be taken shall continue over such new town until proper township officers of such new town shall be elected and qualified under the provis- ions of this act; and the county judge shall forthwith call and fix the time and place of an election to elect town officers, and STATUTES It ELATING TO CITY. 92 cause notices 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 oflicers in newly organized cities ; but the term of such officers- elected at such election shall terminate as soon as their suc- cessors are elected and qualified at the regular annual election. 210b. When more than one petition presented.] § 2. If more than one petition be presented to the county judge as de- scribed in this act for the disconnection of the same territory included within different boundaries, the judge of said county shall submit such question as petitioned for in the first petition presented to him, and shall suspend action upon such other pe- tition or petitions until the question first submitted shall be de- termined by election as aforesaid. 210c. When division not to affect assessment.] § 3. When- ever an} r incorporated town shall be divided under the provis- ions of this act, after the making out of the assessor’s books in any year, such division shall not in any manner affect the as- sesment or collection of the taxes assessable and collectible in that year, but the same may be assessed and collected in the same manner and by the same officers as if no division or alteration had taken place. 210d. New town — vesting property.] § 4. Whenever any portion of any incorporated town shall be disconnected from such town and organized as a separate town under the pro- visions of this act, such new town shall become vested with the title and ownership of all property belonging to such incorpo- rated town lying wholly therein, to be held for the use and ben- efit of such new town. 210e. Manner of division of property and indebtedness.] § 5. Such new town shall assume and pay its proportionate share of any indebtedness of such incorporated town accord- ing to the taxable property in such new town; the amount of said indebtedness to be paid by said newly organized town shall be determined and agreed upon by the corporate authorities of the said newly organized town and of the original town from which such territory is taken, in such manner as they shall elect. DIVISION OF INCORPORATED TOWNS. 93 If they can not agree, then the matter shall be determined by the circuit court of the county in which such towns may be, by petition of either town or of any taxpayer of either town. The court shall hear and determine the matter in a summary way without pleadings, and shall pronounce judgment as the right and equity of the matter shall demand. If the respective cor- porate authority shall agree as to the amount to be paid by each town, then each shall pass an ordinance or a resolution recit- ing the amount thereof to be paid, a copy of which said ordi- nance shall be duly certified by the clerk of each town and filed with the county clerk of the county wherein such towns may lie, and by him certified to the State Auditor of Public Ac- counts, and which said ordinance or resolution shall be final and conclusive in all proceedings as to the amount of indebtedness so to be paid. If a judgment or decree shall be entered by the circuit court or county court, as hereby provided, then a certi- fied copy thereof shall be made by the clerk of said court and filed with the clerk of each of said towns and with the county clerk, and by the county clerk certified to the State Auditor of Public Accounts, and such judgment shall be final and conclu- sive in all proceedings as to the amount of indebtedness to be paid by each town. The State Auditor shall thereafter certify the proportion or rate per centum to the county clerk, and the county clerk shall thereafter extend such proportion or rate per centum upon the taxable property, of both the original town and such new town, for the payment of any bonds or interest thereon so issued by such incorporated town, so that each town shall pay its just share and proportion as agreed upon, or as ad- judged by the court. Such new town shall be entitled to its proportionate share of all public property, according to the amount of taxable property within such new town, and shall be charged therewith in a division of the public property of such dismembered incorporated town, and the original town, as divided, shall be charged with all the public property within its territory, and all the public funds in the hands of the cor- porate authorities, such division to be agreed upon by the same authorities, or settled by the court in the same manner and upon the same basis as above provided for in dividing the indebted- ness, of said dismembered incorporated town. 94 STATUTES RELATING TO CITY. 210f. Division — annual tax levy — pro rata share.] § G. When an incorporated town shall be divided as above prescribed, and before such division the municipal authorities of said in- corporated town had made an annual tax levy, then in such case there shall be paid over to the treasurer of the new town the pro rata share paid by such disconnected territory, of said ta>: levy for said year, according to the taxable property therein as the same existed immediately before such division, and charg- ing such territory its proportionate share for the expired part of the fiscal year. 210g. Proceedings commence before division for improving street — how carried on.] § 7. When any portion of an in- corporated town is disconnected therefrom under the provisions of this act, and prior to such division proceedings had been in- stituted for the purpose of improving, any streets within such detached portion by special assessment or special tax, then in such case such proceedings may be carried to a finalty whether the whole improvement be within the detached portion or not. If the whole improvement is to be made within the detached portion, then the amount collected by such proceedings shall be paid over to such new town to be used by such town for the purpose for which such proceedings were instituted. If only a part of such improvement is to be made within the detached territory, then such original town may proceed with the same as though such division had not taken place. When any portion of any incorporated town shall be disconnected under the pro- visions of this act, then in that case any proceedings instituted for the purpose of taking land for the purpose of opening any street or alley or other public way within the territory so dis- connected shall not be arrested or stayed, but the same may pro- ceed to a finalty if the new town so elect, and all moneys received from any special assessment or tax levied or assessed for such purpose shall be paid over to the said new town to be used by it for the purposes for which the same was collected, such pro- ceedings to be continued in the name of said new town with like force and effect as though said territory had not been detached. 21 Oh. Provision as to sewers, water works, gas or electric light system.] § 8. If any portion of any incorporated town be disconnected under the provisions of this act, such new DIVISION OF INCORPORATED TOWNS. 95 town and the original town shall have the same use. and benefit of any sewer, water works, gas or electric light system owned by said original town, from which such new town was discon- nected, on the same terms, conditions and restrictions that the territory of each had before such dismemberment, and in case the new town shall become incorporated as a village, then such village shall succeed to all the rights and privileges and be sub- ject to all the burdens and conditions granted or imposed by this act. 210i. Provision as to officers — justices of the peace — pro- ceedings.] § 9. When any portion of any incorporated town shall be disconnected under the provisions of this act, if any offi- cer of the town from which such territory shall be taken (except- ing justices of the peace or police magistrates) shall continue to reside in such new town, his office shall become vacant and filled as in other cases of vacancy; but any justice of the peace or police magistrate duly elected and qualified, and acting at the time such disconnection shall take effect, shall continue to hold his office for the term for which he was elected; all suits, actions, proceedings, complaints, prosecutions and special pro- ceedings which shall be pending in the territory so disconnected before any justice of the peace, shall be heard and determined as though such division had not taken place, and the said jus- tices of the peace shall continue to exercise within said terri- tory, the duties of their respective offices until the term thereof shall respectively expire or otherwise be determined in [in] the same manner as though such disconnection had not taken place, and the powers and jurisdiction of said justices within said territory, and their fees and emoluments and methods of procedure, shall be the same as though such disconnection had not taken place. At the expiration of the term of such jus- tices of the peace or police magistrates, all dockets and books, papers a.nd files of their respective offices shall be filed and de- posited with any justice of the peace of said newly incorporated town, that the circuit court of the county shall designate by or- der of the court. 210j. School districts.] § 10. Nothing herein shall be construed to authorize the alteration of the boundaries of any school district or township. 9G STATUTES RELATING TO CITY. ANNEXATION OF CITIES, INCORPORATED TOWNS AND VILLAGES. AN ACT to provide for the annexation of cities, incorporated towns and villages, or parts of same, to cities, incorporated towns and villages. [Approved and jn force April 25, 188!>. L. 1881), p.87. 211. Petition to — how question submitted — returns.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That where an incorporated city, town or village adjoins another incorporated city, town or village it may be annexed thereto in the manner following, that is to say : A petition shall be presented to the judge of the County Court of the county wherein such incorporated city, town or village to which such annexation is sought is situated, asking that the question of annexation be submitted to the legal vot- ers of the city, village or incorporated town sought to be an- nexed, and the legal voters of the city, village or incorporated town to which it is sought to annex the same. Such petition shall be signed by not less than two hundred and fifty (250) of the legal voters of the city, village or incorporated town sought to be annexed, unless the votes cast in said city, village or incorporated town at the last preceding general election numbered less than five hundred (500), in which case the peti- tion shall be signed by one- third (1/3) of the legal voters of such city, village or incorporated town, and thereupon said county judge shall cause to be submitted the question of an- nexation to the voters of the incorporated city, town or village sought to be annexed, and ‘to the voters of the incorporated city, town or village to which it is sought to an- nex the same, at an election to be hoi den in each of said incorporated cities, towns or villages. Such ques- tion may be submitted at either a special election called for that purpose, or at any municipal election, or at any general election. Notice of the election hereby required shall be given by causing notices thereof to be published in at least one newspaper published in said county, within which said city, village or incorporated town may be, to which territory is sought to be annexed, at least fifteen (15) days before such election, by the clerk of the County Court. The ballots cast at such election to be written or printed, or partly written or partly printed, “For annexation/’ “of” (here name the city, ANNEXATION OE CITIES, TOWNS AND VILLAGES. 97 village or incorporated town to be annexed) “to” (here name city, village or incorporated town to which annexation is sought) or, “Against annexation” “of” (here name city, village or in- corporated town to be annexed) “to” (here name city, village or incorporated town to which annexation is sought) respect- ively, to be received, canvassed and returned the same as bal- lots for municipal officers of such incorporated cities, towns or villages, and the officers who are charged by law with the duty of canvassing such votes, shall file, or cause to be filed, with the clerk of the County Court of such county a certifi- cate of the result of such canvass immediately upon ascertain- ing the result thereof, and if it shall appear that a majority of the voters of each incorporated city, town or village so voting upon the question of annexation, at such election vote for an- nexation, thereupon the jurisdiction of the incorporated city, village or town, to which such other incorporated city, village or town is annexed, shall extend over said territory; but if it shall appear that a majority of the voters of any incorporated city, town or village so voting upon the question of annexation, when such question is first submitted, vote against annexation, any petition thereafter presented to the judge of the County Court shall be signed by not less than one-eighth of the legal voters of the incorporated city, town or village, which is sought to be annexed to an adjoining city, village or incorporated town so voting against annexation. 212. When inhabitants of territory desire to be annexed — proceedings.] § 2. When the inhabitants of any territory not less than one-half square mile in extent and less than the whole of an incorporated city, village or town, and which territory shall be contiguous to and adjoining the territory of another incorporated city, village or town, desire to be annexed to such other incorporated city, village or town, such annexation may be effected as follows: A petition shall be presented to the judge of the County Court wherein such incorporated city, town or village is situated to which annexation is desired, signed by not less than one hundred of the legal voters of the terri- tory sought to be annexed, asking that the question of annex- ation of the territory described in the petition may be sub- mitted to the legal voters of the city, village or incorporated 98 STATUTES RELATING TO CITY. town from which said territory is to be taken, and to the legal voters of the city, village or incorporated town to which it is sought to annex the same and to the legal voters of the terri- tory sought to be disconnected from one city, village or incor- porated town and annexed to the other city, village or incor- porated town. Such territory shall be described in said peti- tion, and thereupon said county judge shall cause to be sub- mitted the question of annexation of such territory to the vot- ers of the incorporated city, town or village from which it is sought to disconnect territory, and to the voters of the incor- porated city, town or village to which it is sought to annex the same, at an election to be holden in each of said incorpo- rated cities, towns or villages. Such question may be sub- mitted at either a special election, called for that purpose, or at any municipal election, or at any general election. Notice of the election hereby required shall be given by causing no- tices thereof to be published in at least one newspaper pub- lished in said county, within which said city, village or incor- porated town may be, to which territory is sought to be an- nexed, at least fifteen days before such election, by the clerk of the County Court. The ballots at such election to be writ- ten or printed, or partly written and partly printed, “For an- nexation of” (here describe territory of city, village or incor- porated town to be annexed) “to” (here give the name of citj r , village or incorporated town to which annexation is sought) or “against annexation of” (here describe territory of city, village or incorporated town to be annexed) “to” (here name city, village or incorporated town to which annexation is sought) respectively, or in such other manner as is or may be hereafter provided in such cases by the general election laws of the State of Illinois applicable to said cities, villages or incor- porated towns, said ballots to be received, canvassed and re- turned the same as ballots for municipal officers of such incor- porated cities, towns or villages; and the officers who are charged by law with the duty of receiving such votes, shall as- certain the exact residence of each voter voting at such elec- tion, either from the books of resignation or from the oath or affirmation of such voter, and in election precincts which are intersected by the boundaries of the territory sought to be an- ANNEXATION OF CITIES, TOWNS AND VILLAGES. 99 nexed, the judges of election shall procure an additional bal- lot box in which shall be deposited only the ballots of voters residing within the limits of the territory so sought to be an- nexed, and shall make a separate return of the ballots cast in such additional ballot box, and the officers who are charged by law with the duty of canvassing the returns of such elec- tion shall file, or cause to be filed, with the clerk of the County Court of such county, a certificate of such canvass immediately upon ascertaining the result thereof, in which certificate such officers shall state, as well as the results of the entire vote in each of the cities, incorporated towns or villages as canvassed by them, the number of votes cast by the voters residing within j;he limits of the territory so sought to be annexed, and the number of votes for and the number against the question so submitted as cast by such voters; and if it shall appear that the majority of the voters of each incorporated town, city or village, as well as a majority of the voters residing within the limits of the territory sought to be annexed so voting upon the question of annexation at such election, vote for annexation, thereupon the jurisdiction of the incorporated city, town or village shall extend over such territory so annexed; but if it shall appear that a majority of the voters of any territory less than the whole of an incorporated city, village or town, so vot- ing upon the question of annexation, when said question is submitted, vote against annexation, any petition thereafter pre- sented to the judge of the County Court for the annexation of the same territory shall be signed by not less than one-eighth of the legal voters of the territory which is sought to be an- nexed under such subsequent petition. [As amended by act approved April 12, 1899. In force July 1, 1899. L. 1899, p. 87. Legal News Ed., p. 89. 213. When petitions are presented to annex the whole and also a part of a city, etc.] § 3. If petitions are presented to the county judge, as described in this act, for the annexation of the whole and also for the annexation of a part or parts of a city, village or incorporated town to a city, village or incor- porated town, the said county judge shall submit such ques- tion as petitioned for by each petition, and if at such election the result of the votes shall be against annexation of the whole, 100 STATUTES RELATING TO CITY. but shall be in favor of annexation of a part or parts, and such parts combined as one territory are contiguous to such city, village or incorporated town, or if any such part be contigu- ous to such city, village or incorporated town, then such con- tiguous territory shall be annexed the same as though no propo- sition had been submitted to annex the whole thereof. 214. Proceedings on annexation — payment of debts — divi- sion of property, etc.] § 4. The city, village or incorporated town to which the whole of another city, village or incorporated town is annexed under the provisions of this act shall assume and pay any and all debts, liabilities, bonds or obligations and interests thereon of the city, incorporated town or village so annexed, and shall become vested, with title and ownership of all property belonging to said city, village or incorporated town so annexed, to be held for the same purposes and for the same uses, subject to the same conditions as theretofore, and if the public schools of such enlarged city, village or incorporated town are all in charge and under the control of one board of education, the said enlarged city, village or incorporated town shall assume and pay the indebtedness of each school district or township lying wholly therein, and shall become vested with the title and ownership of all property belonging to any school district or township lying wholly therein, to be held for the same purposes and to the same uses and subject to the same conditions as theretofore. If the bonds of said city, village or incorporated town so annexed, or of any school district or township lying wholly therein, have been registered in the of- fice of the State Auditor of Public Accounts, in accordance with the statute, the county clerk shall certify the fact of such annexation forthwith to said State Auditor, and said State Auditor shall not thereafter certify any rate per centum to the county clerk, nor shall the county clerk thereafter extend any such rate for the payment of said bonds or interest thereon upon the taxable property of such city, town or village so an- nexed, or school district or township. All debts, bonds and obligations of the united municipality to be paid by the en- larged city, village or incorporated town. And if there be a portion of a school district or township lying within and a portion tying without such annexed territory, the debts of such ANNEXATION OF CITIES, TOWNS AND VILLAGES. 101 school district or township shall be paid and the property di- vided in the same manner as is provided for paying debts and dividing property in section eight (8) of this act, where parts of cities, villages or incorporated towns are annexed to other cities, villages or incorporated towns. 215. When the whole of a city, etc., annexed — annual appro- priation ordinance — tax levy.] § 5. When the whole of a city, village or incorporated town is annexed to another city, village or incorporated town under the provisions of this act, and the corporate authorities of such city, village or incorporated town so annexed shall have passed an ordinance termed the annual appropriation ordinance, but not an ordinance levying a tax for the purpose of collecting a sufficient sum of money to defray the total amount of appropriations for all corporate purposes for that fiscal year, then the corporate authorities of the city, village or incorporated town to which such territory is annexed shall have the right to include the amount of such appropriations in the annual tax levy of such city, village or incorporated town, the same as though such appropriations had been made by the city, village or incorporated town to which such other city, village or incorporated town is annexed. The said taxes may be used by the city, village or incorporated town to which annexation is had for the purpose for which such appropriation was made by the city, village or incorporated town so annexed. 216. Annexation not to interfere with the levy.] § 6. When the wdiole of an incorporated town, city or village shall be annexed to another city, village or incorporated town it shall not arrest, stay or interfere with any proceedings for the collection or enforcement of any tax, special assessment or spe- cial tax, but the same shall proceed and be carried to a finality as though no such annexation had taken place, and the pro- ceeds thereof shall be paid over to the treasurer of the city, village -or incorporated town to which such other village, city or incorporated town is annexed, to be used for the purpose for which the tax was levied or the proceedings instituted. 217. Annexation — suits, how defended and prosecuted.] § 7. All suits pending in any court on behalf of or against 102 STATUTES RELATING TO CITY. any village, city or incorporated town, the whole of which is under the provisions of this act annexed to another city, vil- lage or incorporated town, may be prosecuted or defended in .name of the city, village on incorporated town so annexed, and all judgments, fines, decrees or recoveries obtained for or on behalf of any village, city or incorporated town so annexed to another may be collected and enforced with like force and ef- fect as though such annexation had not taken place in the name of the city, village or incorporated town so annexed. 218. When part of city, etc. — division of public property annexed — payment of indebtedness.] § 8. When a part of the territory of a city, village or incorporated town is taken therefrom and annexed to another city, village or incorporated town under the provisions of this act, then the proportionate share of any indebtedness, contract or liability of such city, village or incorporated town from which such territory is taken shall be assumed and paid by such enlarged city, village or im corporated town, according to the taxable property in such disconnected territory as the same existed immediately before such annexation, and if the public- schools of such enlarged city, village or incorporated town shall be in charge and control of one board of education, then the proportionate share of any indebtedness of any school district or township shall be as- sumed and paid by such enlarged city, village or incorporated town according to the taxable property in such part of such disconnected territory within such school district or township, as the same existed immediately before such annexation, and if the whole of a school district or township is annexed, then such municipality shall assume and pay all the indebtedness of such school district or township. The amount of the said indebtedness to be paid by said enlarged city, town or village shall be determined and agreed upon by the city council of the city or trustees of the village or incorporated town to which such territory is annexed, and the city council of the city or trustees of the village or incorporated town from which such territory is taken, or the school authorities of the school dis- trict or township of which such disconnected territory was a part, as the case may be, in such manner as they shall elect, if they can not agree, then the matter shall be determined b} T the ANNEXATION OF CITIES, TOWNS AND VILLAGES. 103 Circuit or County Court of the county in which such munici- pal corporation may be to which annexation is made, by pe- tition of either municipal corporation or of any taxpayer of either municipality. The court shall hear and determine the matter in a summary manner, without pleadings, and shall pro- nounce judgment as the right and equity of the matter may demand. If the respective corporate authorities shall aerree as to the amount to be paid by such enlarged city, town or vil- lage, then each shall pass an ordinance or a resolution reciting the amount thereof to be paid, a copy of which said ordinance or resolution shall be duly certified by the clerk of the city, village or incorporated town to which such territory is an- nexed, and filed with the county clerk of the county wherein such enlarged city, town or village may lie, and by him certified to the State Auditor of Public Accounts, and which said ordi- nance or resolution shall be final and conclusive in all proceed- ings as to the amount of indebtedness so to be paid. If a judg- ment or decree shall be entered by a Circuit or County Court as herein provided, then a certified copy thereof shall be made by the clerk of said court and filed with the clerk of each of the said municipal corporations and with the county clerk, and by the county clerk certified to the State Auditor of Pub- lic Accounts, and such judgment shall be final and conclusive in all proceedings as to the amount of indebtedness to be paid by each municipality. The State Auditor shall not thereafter certify any rate per centum to the county clerk, nor shall the county clerk thereafter extend any rate upon the taxable prop- erty of said annexed territory for the payment of any of said bonds or interests thereon so issued by the city, incorporated town or village from which it is disconnected. Said enlarged city, town or village shall be vested with the title and owner- ship of all the public and school property in such annexed ter- ritory, and shall be charged therewith in the division of the public property of such dismembered city, incorporated town or village, or school district or township, between said municipal- ities, or between said enlarged city, town or village and any dismembered school district or township, as the case may be, and the territory not annexed shall be charged with all the public property within such territory, and all the public funds 104 STATUTES RELATING TO CITY. in the hands of the corporate authorities, such division to be agreed upon by the same authorities or settled by the court in the same manner and upon the same basis as above provided for in dividing the indebtedness of said dismembered munici- pality or school district or township. 219. When tax levy made before annexation.] § 9. When a part of a city, village or incorporated town is annexed to an- other city, village or incorporated town, and before such an- nexation the municipal authorities of the city, village or in- corporated town from which the territory is detached had made an annual tax levy, then in such case there shall be paid over to the treasurer of the city, village or incorporated town to which such territory is annexed the pro rata share paid by such territory of said tax levy for said year, according to the taxable property' therein, as the same existed immediately before such annexation, and charging such territory its proportionate share for the expired part of the fiscal year. 220. When proceedings instituted before annexation to im- prove streets, etc.] § 10. When a part of a city, village or incorporated town is annexed to another city, village or incor- porated town under the provisions of this act, and prior to such annexation proceedings had been instituted for the purpose of improving any streets within such detached portion by spe- cial assessment or special taxation, then in such case such pro- ceedings may be carried to a finality, whether the whole improve- ment be within the detached portion or not. If the whole improvement is to be made within the detached portion, then the amount collected by such proceedings shall be paid over to the city, village or incorporated town to which such terri- tory is annexed, to be used by such city, village or incorporated town for the purpose for which such proceedings were insti; tuted. If only a part of such improvements is to be made within the detached territory, then the city, village or incor- porated town from which such territory is detached may pro- ceed with the same as though such annexation had not taken place. 221. When proceedings instituted to take land for opening street or alley before annexation.] § 11. When a part of a ANNEXATION OF CITIES, TOWNS AND VILLAGES. 105 city, village or incorporated town is annexed to another under the provisions of this act, then in that case any proceedings instituted for the purpose of taking land for the purpose of opening any street or alley, or other public way, within the territory so annexed, shall not be arrested or stayed, but the same may proceed to a finality, if the city, village or incorpo- rated town to which such territory is annexed so elect, and all moneys received from any special assessment or tax levied or assessed for such purpose, shall be paid over to the city, vil- lage or incorporated town to which such territory is annexed, to be used by it for the purposes for which the same was col- lected, such proceedings to be continued in the name of the city, village or town from which the territory is detached with like force and effect as though the said territory had not been detached therefrom. 222. Annexation — use of water works, gas or electric light system.] § 12. If a part of a city, village or incorporated town be annexed to another village, city or incorporated • town, then such part of the city, village or incorporated town shall have the same use and benefit of any water works, gas or electric light system owned by such city, village or incorporated town prior to such annexation, on the same terms, conditions and restrictions that it had before such annexation; and on the same terms, conditions and restrictions said territory not an- nexed may thereafter receive the use and benefit thereof; and if a portion of the territory of any city, village or incorporated town be annexed to another city, village or incorporated town, then the portion of the city r , village or incorporated town not annexed shall' have the same use and benefit of any water works, gas or electric light system owned by such city, village or incorporated town prior to such annexation on the same terms, conditions and restrictions that it had before such an- nexation, and on the same terms, conditions and restrictions said territory annexed may thereafter receive the use and ben- efit thereof. Either part of such village, city or incorporated town receiving such benefit as aforesaid may have its said rights and benefits waived by the city council or board of trus- tees of the city, village or incorporated town to and from which said territory is annexed and detached, upon such just and 10G STATUTES RELATING TO CITY. equitable terms as they may agree, and if they can not agree, then the matter shall be determined by the Circuit or County Court of the county within which such city, village or incor- porated town to which territory is annexed may lie, on petition of any person interested therein. Said court shall determine the matter aforesaid in a summary manner and without formal proceedings pronounce judgment as the right and equity of the case may require, and such judgment shall be final and con- clusive. 223. Annexation — proceedings for division of property.] § 13. When a part of a city, village or incorporated town shall be under the provisions of this act annexed to another city, village or incorporated town, then, in case the municipal authorities of the municipal corporation from which the ter- ritory is detached and of the municipal corporation to which it is attached can not by ordinance agree as to the division of the property or the settlement of their respective rights and all matters arising out of said annexation within sixty days thereafter, then the Circuit or County Court of the county within which either municipal corporation may be, shall hear and determine all matters so in dispute, and give judgment or decree, as the right of the matter may demand, on petition of either municipal corporation, and such judgment shall he final and conclusive. 224. Transfer of books, documents and papers.] § 14. All public books, papers and documents, when the whole of an incor- ■ - porated city, town or village is annexed under the provisions of this act, on file in any office or with any officer thereof, shall be transferred to and filed with the appropriate officer or department of the city, incorporated town or village to which such annexation is made, as the city council or board of trustees thereof, as the case may be, shall direct ; and it shall be the duty of all persons having charge of such books, papers and documents, to deliver the same to and file the same with the appropriate officer or department as in this section pro- vided. 225. Upon annexation provision as to continuation of of- ficers.] § 15. When a part of a city, village or incorporated ANNEXATION OF CITIES, TOWNS AND VILLAGES. 107 town shall be annexed to another city, village or incorporated town, and any mayor, president, alderman or trustee, clerk, treasurer or attorney for such municipality from which the ter- ritory is detached shall reside in the territory so detached, then he shall continue in office as an officer of such municipal cor- poration until the next annual municipal election of such city, village or incorporated town, as the case may be. 226. Provision as to justices of the peace and their jurisdic- tion on annexation.] § 16. When the whole or any part of such city, village or incorporated town shall be annexed to an- other city, village of incorporated town under the provisions of this act, then any justice of the peace or police magistrate, duly elected, qualified and acting at the time that annexation shall take effect shall continue to hold their offices for the terms for which they were respectively elected. All suits, actions, pro- ceedings, complaints, prosecutions and special proceedings which shall be pending in the territory annexed before any justice of the peace shall be heard and determined as though annexation had not taken place, and the said justices of the peace shall continue to exercise, within said territory, the functions of their respective offices until the term thereof shall respectively expire or otherwise sooner be determined, in the same manner as though annexation had not taken place, and the powers and jurisdiction of said justices within said territory and their fees and emoluments and methods of procedure shall be as though annexation had not taken place. But nothing in this section contained shall authorize any service of process issued by a justice of the peace or police magistrate of the city, village or incorporated town, or give any such justice of the peace juris- diction' outside of the territory to which his jurisdiction was limited before such annexation, or interfere with the jurisdic- tion of any justice of the peace or police magistrate of the city to which it. is annexed over the territory annexed. At the ex- piration of the term of such justices of the peace or police magistrates all dockets and books, papers and files of their respective offices shall be filed and deposited with any justice of the peace of the city, village or incorporated town to which said territory is annexed, that the Circuit Court of the ceunty shall designate by order of the court. 108 STATUTES RELATING TO CITY. 227. Transfer of firemen and policemen.] § 17. All po- licemen and firemen lawfully in the employ of any city, village or incorporated town, the whole of which may be annexed to another, as provided in this act, shall be transferred to and be- come a part of the police and fire department force of such city, village or incorporated town. 228. Annexation — license to keep dramshop — submission of question.] § 18. When a part or the whole of an incor- porated town, village or city is annexed, under the provisions of this act, to another city, village or incorporated town, and prior to such annexation an ordinance was in force prohibiting the issuing of licenses to keep dramshops within said territory so annexed, or any part thereof, or providing that such licenses shall not be issued except upon petition of a majority of the voters residing within a certain distance of such proposed dramshops, then such ordinance shall continue in full force and effect, notwithstanding such annexation : Provided , the city council or board of trustees, as the case may -be, may, on petition of one-fourth of the voters of the territory over which said ordinance extends, submit at an annual municipal elec- tion, but not oftener than every other municipal election, the question to the voters of such territory whether or not an ordi- ance shall be passed authorizing the issuing of dramshop licenses for such territory: And provided , further, that upon petition in such case of one-fourth of the voters within any part of said annexed territory not less than one-half square mile in extent, asking that any such ordinance shall be con- tinued in force in said portion of said annexed territory, said question of issuing dramshop licenses shall be submitted sep- arately to the voters of said portion of said annexed territory, and if a majority of the voters voting on such question vote against dramshops, then said ordinance shall continue in force in said portion of said territory, otherwise not. The ballots cast at such election shall be written or printed, or partly written and partly printed, “For dramshops,” or “Against dramshops,” respectively, and shall be received, canvassed and returned the same as ballots cast at said election for municipal officers, and if it shall appear that a majority of the voters so voting upon the question vote “For dramshops,” then licenses ANNEXATION OF CITIES, TOWNS AND VILLAGES. 109 may be issued for said territory on the same terms and con- ditions as licenses are granted by ordinance within other parts of the municipality. It is intended by this section to continue in full force and effect all ordinances of any municipality, the whole or part of which is annexed to another city, incorporated town or , village, whereby the licensing of dramshops is pro- hibited or regulated within said city, village or incorporated town, or any part thereof, without the voters of the territory so affected consent, as hereby provided, to the repeal of such ordinance by the city, village or incorporated town to which the territory is annexed. 229. What constitutes a ward — election of aldermen.] g 19. Whenever the whole or a part of any city, village or incorporated town is annexed to a city having 30,000 inhabi- tants or more and such annexed territory is three or more square miles in extent, or contains 15,000 inhabitants and not more than 25,000 inhabitants, then such annexed territory shall constitute a ward of the city to which it is annexed, and the city council of such city shall authorize the legal voters of such annexed territory to elect two aldermen from such ward in such annexed territory, which said aldermen from such an- nexed territory shall be additional aldermen to the number theretofore required in such city, and shall possess all the qualifications of and be elected at the time and in the manner provided by law : Provided , that if said annexed territory shall contain more than 25,000 inhabitants, then the city council shall authorize the legal voters of such annexed territory to elect two aldermen for every .25,000 inhabitants thereof, and two additional aldermen for a fraction of 15,000 inhabitants ’or more, the number of inhabitants to be determined by the last preceding National, State or school census of such an- nexed territory, and if any such annexed territory has less than 15,000 inhabitants, and is less than three square miles in extent, then the city council shall annex it to any ward or wards which it adjoins: Provided further , that nothing herein shall prevent the city council from re- districting such city according to law. 230. Sewers may be built by special assessments.] § 20. When the whole of a city, village or incorporated town, or part 110 STATUTES RELATING TO CITY. of the same, is annexed to another city, village or incorporated town under the provisions of this act, and within such terri- tory so annexed sewers were before such annexation laid or built by special assessment, then in such cases the city, village or incorporated town to which such territory is annexed may continue to lay or build sewers or establish a drainage system by drainage districts within such annexed territory by special as- sessment or special taxation, if it shall so elect. 231 . Jurisdiction of county board to annex part of city to town, etc.] § 21. Whenever any territory, being a part of a city, village or incorporated town, has been annexed to -an ad- joining town, which is wholly within the limits of a city, vil- lage or incorporated town under the provisions of an act en- titled, “An act to amend sections 2, 4, 6, 7, 10, 11 and 12 of article 3 of an act entitled, ‘An act to revise the law in rela- tion to township organization, approved and in force March 4, 1874/ approved June 15, 1887, in force July 1, 1887,” then and in such cases such territory which has been so annexed may be annexed to and become a part of the city, village or incorporated town within which such town lies to which such territory has been annexed in the manner following, viz. : A petition may be presented to the county board of the county within which such city may lie, signed by a majority of the legal voters of the territory so annexed to such town, and there- upon, if said county board shall find that such petition is signed by a majority of the legal voters of said territory, the county board shall thereupon, by resolution, annex such territory to said city, village or incorporated town. And upon such de- claration by the county board the limits of said city, village or incorporated town shall thereupon be extended to include the territory annexed to said town: Provided , this section shall not be held to prohibit the annexation of such territory in any other manner as provided in this act. 232 . Repeal.] § 22. All acts and parts of acts in conflict herewith are hereby repealed. 233 . Emergency.] § 23. Whereas an emergency exists, therefore this act shall be in force and take effect from and after its passage. TERRITORIAL JURISDICTION. Ill TERRITORIAL JURISDICTION. AN ACT to define the jurisdiction of cities and incorporated towns and villages lying in different counties. [Approved June 18, 1891. In force July 1, 1891. Laws 1891, p. 79. 244a. Extending into different counties.] § 1. Be it en- acted by the People of the State of Illinois , represented in the General Assembly , That cities and incorporated towns and vil- lages which are now or which may hereafter be incorporated or extended into different counties, shall have the right to ex- tend and enforce their ordinances over the entire territory em- braced within the limits of such cities, incorporated towns or villages for all municipal purposes. 244b. Suit, where brought.] § 2. That whenever any pro- vision is made by the statutes of this State that any suit or proceeding affecting lands or the assessment or collection of taxes shall be commenced by any city, incorporated town or village in any part of the county wherein such city, incorporated town or village is situate, it shall be held and construed to mean in the county wherein the lands to be affected or upon which the taxes are assessed or to be assessed and collected are situate. HOUSES OF ILL-FAME. AN ACT to prevent the licensing of houses of ill-fame, and the official inspec- tion or medical examination of the inmates thereof, in the incorporated cities, towns and villages of this state. [Approved and in force March 27,1874. 245. Licensing and medical inspection forbidden.] § 1. Be it enacted by the People of the State of Illinois , represented in the General Assembly , That it shall be unlawful for the cor- porate 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 prostitution. And it shall be unlawful for any board of health (or any member or em- ployee of the same) now existing, or which may hereafter ex- ist under the laws of this State, to interfere in the manage- ment of any house of ill-fame or house of prostitution, or to provide in any manner for the medical inspection or examina- tion of any inmate of the same. [See § 62, item 45. 246. Emergency.] § 2. Whereas, the legislative author- ities of certain cities in this State are about to license houses 112 STATUTES RELATING TO CITY. 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. POLICE DISTRICTS AND THE POWERS AND DUTIES OF POLICE THEREIN. AN ACT to define police districts, and the powers and the duties of the police therein. [Approved and in force May 13,1887. L. 1887, p. 104. J 251. What shall be a police district.] § 1 . Be it enacted by the People of the State of Illinois , represented in the Gen- eral Assembly , That the territory which is embraced within the limits of adjoining cities, villages and incorporated towns, within any county in this State shall be a police district. 252. Police may go into any part of such district to suppress riot, etc. — duty of mayor.] § 2. It shall be lawful for the police of any city, village or incorporated town in such district to go into any part of such district to suppress riot, to pre- serve the peace and protect the lives, rights and property of citi- zens, and for such purposes it shall be the duty of the mayor of any city, the president or the president and board of trus- tees of ahy village or incorporated town in such district, and the chiefs of police therein, to use the police forces under their control anywhere in such district. 253. Emergency.] § 3. Whereas, an emergency exists thL act shall be in force from and after its passage. WATER WORKS. AN ACT authorizing: cities, incorporated towns and villages to construct and maintain water works. [Approved and in force April 15, 1873.] 254. Power to supply water — letting contract — emergency.] § 1. That all cities, incorporated towns and villages in this State, be and are hereby authorized and shall have power to provide for a supply of water for the purposes of fire protec- tion, and for the use of the inhabitants of such cities, incor- porated towns or villages by the erection, construction and maintaining of a system of water works or by uniting with any adjacent city, incorporated town or village, in the erection. WATER WORKS. 113 construction and maintaining of a system of water works for the joint use of such cities, incorporated towns or villages, or by procuring such supply of water from any adjacent city, in- corporated town or village already having water works. Pro- vided , that all contracts for the erection or construction of such works or any part thereof, shall be let to the lowest respon- sible bidder therefor, upon not less than three (3) weeks pub- lic notice of the terms and conditions upon which the contract is to be let having been given by publication in a newspaper published in such city, town or village, or, if no newspaper is published therein, then in some newspaper published in the county. And , provided , further , that no member of the city council or board of trustees or mayor shall be directly or indi- rectly interested in any such contract, and in all cases the coun- cil or board of trustees, as the case may be, shall have the right to reject any and all bids that may not be satisfactory to them. Whereas, An emergency exists, therefore this act shall be in force from and after its passage. [As amended by act ap- proved and in force May 14, 1879. L. 1879, p. 64. 255. Borrowed money — tax.] § 2. Such cities, incor- porated towns and villages may borrow money and levy and collect a general tax in the same manner as other municipal taxes may be levied and collected for the erection, construc- tion and maintaining of such water works, and appropriate money for the same. [See § 62, item 3. 256. May acquire property for works, etc.] § 3. For the purpose of erecting, constructing, locating, maintaining or sup- plying such water works, any such city, incorporated town or village may go beyond its territorial limits, and may take, hold and acquire property and real estate, by purchase or otherwise; and shall also have the power to take, hold and acquire and condemn any and all necessary property and real estate for the location, erection, construction and maintaining of such water works, in the manner provided for the taking and condemning of private property for public use; and may also acquire and hold real estate and other property and rights necessary for the location, erection, construction and maintenance of such water 114 STATUTES RELATING TO CITY. works, by purchase or otherwise; and the jurisdiction of such city, town or village to prevent or punish any pollution or in- jury to the stream or source of water for the supply of such water works, shall extend ten miles beyond its corporate limits. [See § 170; also “Eminent Domain,” ch. 47. 257. Rules — tax — assessment — lien.] § 4. The common council of such cities, or trustees of such towns or villages, shall have power to make and enforce all needful rules and regula- tions in the erection, construction and management of such water works, and for the use of water supplied by the same. And such cities, towns and villages shall have the right and power to tax, assess and collect from the inhabitants thereof such tax, rent or rates for the use and benefit of water used or supplied to them by such water works, as the common council or board of trustees, as the case may be, shall deem just and ex- pedient. And all such water taxes, rates or rents shall be a lien upon the premises and real estate upon or for which the same is used or supplied. And such taxes, rents or rates shall be paid and collected, and such lien enforced, in such manner as the common council shall, by ordinance, direct and pro- vide. [See § 171. • 258. Special assessment.] § 5. The expense of locating, erecting and constructing reservoirs and hydrants for the pur- pose of fire protection, and the expense of constructing and lay- ing water main pipes, or such part thereof as may be just and lawful, may be assessed upon and collected from the property and real estate specially benefited thereby, if any, in such man- ner as may be provided for the making of special assessments for other public improvements in such cities, towns or villages. 259. Separate fund.] § 6. All the income received by such cities, towns or villages from such water works, from the pay- ment and collection of water taxes, rents or rates, shall be kept in a separate fund, and shall first be applied in the payment and discharge of the costs, interest on bonds or money borrowed and used in the erection and construction of such water works and running expenses thereof. And any surplus may be applied WATER WORKS. 115 in such manner as the common council or board of trustees may direct. 260. When act not apply.] § 7. The provisions of this act shall not apply to cities, towns or villages in which water works are now managed or controlled by a board of public works. 261. Emergency.] § 8. Whereas many of the cities em- braced in this act are entirely without adequate protection from fires, and are without lawful authority to provide the necessary means of protection authorized by this act; therefore an emer- gency exists that this act should take effect immediately; there- fore, this act shall take effect and be in force from and after its passage. AN ACT to provide for the laying of water supply pipe by bonds and special assessment, payable in installments. [Approved and in force March 17,1874. Note.— This act declared repealed by act of 1887, amendatory of Art. IX of City and Village act. See people v. Nelson, 156 111. 364. Both acts are superseded by new Local Improvement act, §§ 507 to 605. AN ACT to enable cities, incorporated towns and villages to contract for a supply of water h r public use, and to levy and collect a tax to pay for the water so supplied. [Approved April 9, 1872. In force July 1, 1872. L. 1871-2, p. 271.] This title is as amended by act approved June 26, *885. In force July 1, 1885. L. 1885, p. 64. 266. Power to contract for water.] § 1 . Be it enacted by the People of the State of Illinois , represented in the General Assembly , That in all cities, incorporated towns and villages where water works have been, or may hereafter be constructed by any person or incorporated company, the city, town or vil- lage authorities in such cities, incorporated towns and villages may- contract with such person or incorporated company for a supply of water for public use for a period not exceeding thirty years. [As amended by act approved June 30, 1885. In force July 1, 1885. L. 1885, p. 64. 267. Tax.] § 2. Any such city or village so contracting may levy and collect a tax on all taxable property within such city or village, to pay for the water so supplied. AN ACT to enable cities, incorporated towns and villages to purchase or lease waterworks. [Approved June 19, 1893. In force July 1, 1893. L. 1893, p. 82. 267a. City, etc., may lease or purchase waterworks.] § 1. That in all cities, incorporated towns and villages where water works are now constructed, or may hereafter be constructed by any person or incorporated company, the city, town or village authorities in such cities, towns or village may purchase or lease 116 STATUTES RELATING TO CITY. such water works from the owner or owners of the same : Pro- vided, however, that before such leasing or purchase shall be binding upon said city, incorporated town or village, the city council or the board of trustees shall pass an ordinance includ- ing the terms of such lease or purchase, which ordinance shall be published in a newspaper published in said city, incorporated town or village at least once iji each week for two successive weeks, and said ordinance shall be posted for a period of not less than ten days in at least five public places in such city, in- corporated town or village. And if no petition shall be submitted to said city council or board of trustees as hereinafter provided, within twenty-one days after said ordinance is so published and posted, it shall be lawful for said city council or board of trustees to consummate the leasing or purchase provided for in the ordinance aforesaid. But if within said period of twenty-one days, there shall be pre- sented to said city council or board of trustees, a petition signed by twenty per cent of the number of voters voting at the last general city, town or village election asking that the question of such leasing or purchase shall be submitted to a vote, it shall then be the duty of the city council or board of trustees by or- dinance to call a special election as may be provided by law to vote upon the question of said lease or purchase, and if it ap- pear that a majority of such voters voting upon such question, at such election, vote in favor of such leasing or purchase, then said city council or board of trustees shall proceed to complete said leasing or purchase; but if a majority of the votes cast are against such leasing or purchase then said city, incorporated town or village shall proceed no further with said leasing or purchase for the period of six months next ensuing. [As amended by act approved April 24, 1899. In force July 1, 1899. L. 1899, p. 106. 267b. May borrow money and levy general tax.] § 2. Such cities, incorporated towns and villages may borrow money, and levy and collect a general tax in the same manner as other municipal taxes may be levied and collected for the purchase and maintaining or the leasing and maintaining of such water works, and appropriate money for the same. LOCATION OF SOURCE OF SUPPLY. 117 WATER COMPANY MAY LOCATE 1 SOURCE OF SUPPLY BEYOND CORPORATE LIMITS. AN ACT to enable any water company now or hereafter organized under the laws of this State, to change or locate its source of supply beyond the limits of the city, town or village supplied, or whose inhabitants are supplied with water by such company ; and for that purpose empowering such company to take or damage private property for pipe lines to such source of supply and for pumping stations, reservoirs or other appurtenances, and to construct, maintain and operate such pipe lines in and under any public or private road, highway, street or public ground, and across or under any of the waters within this State, and across or under any railroad right-of-way: and to prescribe penalties for interfering with or destroying the property or rights of such company. [Ap- proved June 19, 1893. In force July 1, 1893. L. 1893, p. 81.] 267c. May enter on land and construct lines.] § 1. Be it enacted by the People of the State of Illinois , represented in the General Assembly , That any water company now organized, or that may hereafter be organized under the laws of this State, for the purpose of supplying any city, town or village or the inhabitants thereof with water, is hereby empowered to lo- cate its source of supply at or change its source of supply to a point beyond the limits of such city, town or village, and any such compnay may enter upon any lands and take and damage private property beyond said limits, for the construction, main- tenance and operation of a line or lines of water pipe, to such source of supply, and also for the necessary pumping stations, reservoirs or other appurtenances; and also construct, maintain and operate beyond said limits such line or lines of water pipe across or under any railroad right of way, and in and under any public or private road, highway, street, alley or public ground or across or under any of the waters within this State: Pro- vided, however, that such source of supply shall not be located more than ten miles distance from the corporate limits of said city or village and that such line or lines of water pipe shall not interfere with any railroad, sewer, gas pipes, water pipes, or other conduit already laid in or under such public or private road, highway, street, alley or public ground by public authority: And provided also , that such company shall, in the construction and repair of said line or lines of water pipe, re- store such public or private road, highway, street, alley or pub- lic ground, to the same condition as before, and shall not unnec- essarily interfere with the public use of the navigation of said waters: Provided , further , the laying of such water pipes or other work shall be done under such reasonable regulations as the authorities cf any township, town, city or village wherein such work is done may prescribe. 118 STATUTES RELATING TO CITY. 267d. Proceed under right of eminent domain.] § 2. When it is necessary for the construction, maintenance, and operation of such line or lines of water pipes, pumping stations, reservoirs or oilier appurtenaces, to take or damage private property, the same may be done, and the compensation therefor may be ascertained and made in the manner which may be then provided by law for the exercise of the right of eminent do- main. 267e. Punishment of person interfering.] § 3. Any per- son who shall unlawfully and intentionally molest or destroy any part or portion of said line or lines of water pipe, pump- ing stations, reservoirs or other appurtenances, or the material or property belonging thereto, or shall in any manner interfere with the construction, maintenance or operation thereof, shall, on conviction thereof, be deemed guilty of a misdemeanor and be punished by a fine not exceeding $100, said fine to be recover- able in any court having jurisdiction of the offense : Provided, that prosecution under the foregoing provisions of this section shall not in any manner prevent a recovery by the company en- titled thereto, of the amount of damages done to said property. AN ACT to enable cities, towns and villages incorporated under any general or special law of this State to fix the rates and charges for the supply of water furnished by any individual, company or corporation to any such city, town or village and the inhabitants thereof. [Approved June 6, 1891. In force July 1. 1891. Law s 1891, p. 85.] 267f. May fix rates for water supply.] § 1. Be it enacted by the People of the State ofilllinois, represented in the General Assembly, That the corporate authorities of any city, town or village, now or hereafter incorporated under any general or special law of this State, in which any individual, company or corporation has been, or hereafter may be, authorized by such city, town or village to supply water to such city, town or vil- lage and the inhabitants thereof, be and are hereby empowered to prescribe by ordinance maximum rates and charges for the supply of water furnished by such individual, company or cor- poration to such city, town or village and the inhabitants there- of, such rates and charges to be just and reasonable. And in case the corporate authorities of any such city, town or village shall fix unjust and unreasonable rates and charges, the same LOCATION OF SOURCE OF SUPPLY. 119 may be reviewed and determined by the Circuit Court of the county in which such city, town or village may be. 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. Laws 1881, p. 157.] 268. Cities — powers and privileges.] § 1. Be it enacted by the People of the State of Illinois , represented in the Gen- eral 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 officers ap- pointed for that purpose, are hereby granted the following pow- ers and privileges, for the purpose of increasing or bettering the source of supply from which such water is obtained. 269. Powers of board — may raise money — vote.] § 2. Whenever, in the judgment of a majority of any board of water commissioners, or if there be no such board, then in the judg- ment of a majority of the city council of any city owning or operating such water works, N 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 judgment, the interests of such city may demand, such board of water commissioners or city council may, in addition to the pow- ers 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 construction, or may lease water privileges from private parties or corporations owning wells already or hereafter to be constructed, 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 provis- ions of this act, for the purposes herein specified, until the question of the expenditure of such money for the purposes aforesaid shall have been submitted to a vote of the people of the city in which such water works may be situated, at any elec- tion for city officers or special election called for that purpose by the city council of said city, and shall have received a ma- jority of the votes cast at such election: Provided , further , 120 STATUTES RELATING TO CITY. 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. 270. Emergency. ] § 3. Whereas, an emergency exists, this act shall be in force and take effect from and after its passage. TO BUILD, PURCHASE OR EXTEND WATER WORKS SYSTEMS FOR PUBLIC AND DOMESTIC USE AND TO PROVIDE FOR THE’ COST. AN ACT authorizing cities, towns and villages to build, purchase or extend water works systems for public and domestic use, and to provide for the cost thereof, [Approved April 22, 1899. In force July 1 , 1899. L. 1899, p. 104. 270a. May acquire water works — payment for such building or purchase.] § 1 . Be it enacted by the People of the State of Illinois , represented in the General Assembly , Every city, incorporated town and village in this State, is hereby authorized to acquire water works for supplying water for public use, and for domestic use of its inhabitants by building or purchasing a water works system or enlarging or extending an existing sys- tem. In payment for such building, purchase or enlargement any such municipality may issue certificates of indebtedness limited in their payment solely to the water fund hereinafter provided for ; such certificates may bear interest at a rate of not exceeding six per centum per annum, payable semi-annually, and shall only be issued at not less than par value in payment for the building, purchase or extension of a water works system. 270b. Ordinance — publication of — petition — submission to vote.] § 2. Any such municipality desiring to avail itself of the provisions of this act shall first pass an ordinance, fixing in a general way the capacity of the water works system it is proposed to acquire, and referring to the plans and specifica- tion therefor, which shall be open to the inspection of the pub- lic; which said ordinance shall fix the rates at which water is to be supplied for all private purposes, and said rates, so fixed, shall not thereafter be reduced until the certificates issued for acquiring or enlarging the water works, and the interest there- on, are fully paid. Which said ordinance shall be published in a newspaper published in such municipality, at least once in each week for three successive weeks. And if no petition shall TO BUILD, PURCHASE OR EXTEND WATER WORKS. 121 be filed with the clerk of such municipality as hereinafter pro- vided, within twenty-one days after the first publication of said ordinance, then the corporate authorities may proceed to carry out the provisions of the ordinance. But if within said period of twenty-one days there shall be filed with the clerk of such municipality a petition, signed by twenty per cent of the num- ber of voters voting for presiding officer of the legislative body of such municipality at the next preceding general city, town or village ^election, asking that the question of acquiring or en- larging a water works system be submitted to a vote. It shall then be the duty of the legislative body of such municipality to call a special election in the manner provided by law, to vote upon such question, and if it appear that a majority of the vot- ers voting upon such question at such election vote in favor of acquiring or enlarging the water works, then said ordinance shall be in full force and effect, and the corporate authorities may proceed to carry out the provisions thereof, but if a ma- jority of the votes cast are against such acquiring or enlarging, then said city, incorporated town or village shall proceed no further for the period of six months next ensuing. 270c. Water fund — certificates — payment of.] § 3. When- ever any such municipality shall avail itself of the' provisions of this act, the- entire proceeds arising from the operation of the water works system thereof shall be paid into a fund known as the “water fund,” and which fund shall be and remain in- violate until the certificates issued under the terms hereof and the interest thereon is fully paid, and the treasurer of such mu- nicipality shall not pay any warrants drawn on said fund un- less the same be drawn in payment of the necessary operating expenses of such water works system, or in payment of the cer- tificates issued hereunder or the interest thereon. 270d. May mortgage water works system.] § 4. In order to secure in the most ample manner the payment of the water certificates, authorized as aforesaid, any such municipality may convey by way of mortgage or deed- of trust the water works system so acquired or enlarged which said mortgage or deed of trust shall be acknowledged and recorded in the same manner as mortgages of real property, and which mortgage or deed of —6 122 STATUTES RELATING TO CITY. trust may contain such provisions and conditions as arc reason- ably necessary to fully secure the payment of said water cer- tificates. 270e. Foreclosure of certificates.] § 5. Whenever, and as often as default shall be made in the payment of water certi- ficates, issued as aforesaid, and such default shall continue for the space of ninety days, it shall be lawful for said mortgagee or trustee to declare the whole of the principal and interest of such certificates at once due and payable, and proceed to fore close the same in any court of competent jurisdiction, and in any decree to be rendered in such suit of foreclosure there shall be included a reasonable solicitor’s fee for the complainant’s so- licitor, and such decree shall fix reasonable rates for water fur- nished from said water works system for public uses during the time that such muncipality shall be deprived of the possession thereof, as hereinafter provided, and upon any sale under such decree of foreclosure the person or corporation offering to sat- isfy said decree for the rents, incomes and profits of said water works system for the least number of years, not exceeding fifty, shall become the purchaser thereof, and on satisfying said de- cree shall be let into the use, occupation and enjoyment of said water works system during the period of time for which the same were sold, and during such period such purchaser or as- signs shall be entitled to receive and collect for water furnished for private uses the rates prescribed in the ordinance provided for in section 2 of this act, and shall be Entitled to receive and collect the reasonable rates fixed for the public uses of water in such decree. At the end of said period said purchasers or assigns shall deliver said water works system to such munici- pality in as good condition as when the same was received, or- dinary wear and tear excepted. 270f. Rights of purchaser at foreclosure sale.] § G. Dur- ing the period of time when the purchaser at such foreclosure sale shall be entitled to the use and enjoyment of said water works system, it shall not be competent for such municipality to construct or authorize any other person or corporation to construct a competing system of water works, nor shall it be competent for the purchaser at such foreclosure sale, or assigns. TO BUY OK CONSTRUCT WATER WORKS. 123 to extend the water works system so purchased, except upon such terms as such municipality may authorize. 270g. How act construed.] § 7. This shall be deemed and construed to confer powers in addition to but not limiting those now existing. TO BUY OR CONSTRUCT WATER WORKS AND TO PRO- VIDE FOR THE MANAGEMENT THEREOF, ETC. AN ACT to enable cities and villages to buy or construct water works, and to provide for the management thereof, and giving them authority to levy an annual tax and to pledge same in payment therefor. [Approved April 19, 1899. In force July 1 , 1899. L. 1899, p. 108. 270h. Power to levy a direct annual tax of not more than one per cent.] § 1 . Be it enacted by the People of the Stat& of Illinois , represented in the General Assembly, That cities and villages shall have the power to levy, in addition to the taxes now authorized by law, a direct annual tax of not 'more than one cent on the dollar upon all the property within the cor- porate limits of the city or village, said tax to be payable yearly for a period of not more than thirty years ; the proceeds of said tax to be used solely for the purchase or construction of water works. 270i. Contract for purchase or erection of waterworks — direct annual tax.] § 2. Whenever any city or village de- sires to avail itself of the provisions of this act, the city council or the board of trustees, as the case may be, may, by ordinance or resolution, contract for the purchase or erection of water works for a provisionally certain fixed sum, or may so contract for purchase and extension if the plant proposed to be purchased shall be inadequate, and such contract for erection or purchase, together with a report from the city or .village engineer rec- ommending the same, shall be published at least once a week for three consecutive weeks in a daily or weekly newspaper pub- lished in said city or village, and shall at the same time pro- vide by resolution or ordinance for the levying of a direct an- nual tax as authorized in section 1 of this act, the total of which said tax for the term levied, together with the annual revenue which is estimated to be derived from the works, shall be suf- ficient to pay the contract price for the works, together with in- terest on same; but such contract for purchase or erection, and 124 STATUTES RELATING TO CITY. such tax, shall not be valid or binding until confirmed by vote, as follows: 270j. Such contract and tax after action by the council to be submitted to voters — manner of submission.] § 3. Such con- tract and tax, after action by the council or trustees as aforesaid, shall, before they shall be valid and binding, be submitted for ratification to the voters of the city or village at a regular or special -election by giving notice of same, which notice shall specify the character of the said works proposed to be erected or purchased and the amount of tax to be levied, and said notice shall be posted in ten public places within such city or village at least three weeks prior to said election, and also by publica- tion three times in a daily or weekly newspaper published in said city or village, and for three weeks preceding such election there shall be on file in some public place, convenient of access, a full description of works, copy of contract and report of en- gineer, for the inspection of the voters, and notice of where said plans and specifications are on file shall be included in the notice of election. If three-fourths of all the voters voting on said proposition shall vote in favor of said contract and tax, the same shall be binding and the tax duly levied. The ballots at such election shall read : “Proposition to construct or purchase (or both) Yes. Yo. water works and levy a tax of annually for years.” 270k. Power of city council and board of trustees under this act.] § 4. The city council in cities and the board of trustees in villages shall have the power to carry into execution the con- tract for the erection or purchase of water works when ratified by the voters, as directed in section 3, and employ a superin- tendent and such other employes as may be necessary and proper for the operation of such works for the collection of water ren- tals and for the conduct of the business necessary to the opera- tion thereof. 2701. Power to issue bonds against taxes levied.] § 5. The city council in cities and the board of trustees in villages TO BUY OR CONSTRUCT WATER WORKS. 125 shall have the power to issue bonds against the taxes levied, the same to be payable only out of said special tax when collected and out of the net revenue derived from the operation of said works. 270m. Bonds — when to mature — interest] § 6 . The said bonds shall be made to mature in as nearly as possible equal installments of one hundred dollars, or multiples thereof, the first installment to be payable one or two years from date, the last installment within one year after date of the last tax levy provided in the vote authorizing said levy. The bonds shall bear interest at a rate not to exceed six per cent, payable annually or semi-annually, shall be sold for not less than par, or may be paid out at not less than par for the construction or purchase of said works. 270n. Form of bonds.] § 7. Said bonds shall be substan- tially in the following form : The city or village of , county of , State of Illi- nois, for value received hereby promises to pay to bearer hundred dollars, lawful money of the United State of America, on the day of A. D , together with inter- est thereon at the rate of .... per centum, payable annually on the day of A. D Both principal and interest payable at the This bond is one of a series of bonds amounting to dollars, issued by ordinance of the city (or village) of , and is payable solely out of funds derived from special tax levy and net revenue of the water works of the city (or village) of ; the erection or purchase of said works and levy of said tax having been authorized at an election legally called and held on the day of - , A. D ; and out of no other funds. And it is hereby recited that all acts, conditions and things precedent to and in the issuance of this bond have been properly done, happened and performed in regular and due form as required by law. In testimony whereof the city council (or board of trustees) has caused this bond to be signed by the mayor (or president) 126 STATUTES RELATING TO CITY. and countersigned by the clerk, and caused the seal of the city or village to be affixed this day of , A. D , Mayor. , Clerk. Coupons representing the interest shall be attached thereto, which may be signed or bear the lithographed signature of the clerk of said city or village. 270o. Fixing water rentals or rates.] § 8. The board of trustees or city council shall from time to time fix the water ren- tals or rates to be charged for the furnishing of water, and such shall be made sufficient, together with the proceeds of the special tax provided by the act to pay at maturity the interest and prin- cipal of bonds issued under the provisions of the act, and also for the proper maintenance and operation of such works, the proper and necessary extension thereof, and for all repairs thereon. 270p. Water district created by two or more villages, etc. — how governed.] § 9. Any two or more villages or cities adja- cent to each other may elect by ordinance to create a water dis- trict, said district to be governed by a board of trustees com- posed of the joint city councils or village boards of each and every such city and village, which said board of trustees shall have the power given to city councils of boards of trustees in this act, and said water districts shall be a body corporate to carry out the provisions of the act, but notice of any election held by such water district under this act shall be given in each and every city and village combining into the district, and if the election shall not carry by three-fourths of all voters voting in each city or village in said district, then the proposed contract and tax shall be considered to have failed of ratification and to be void. 270q. This act confers additional powers on city councils, etc.] § 10. This act shall be considered as conferring addi- tional power on city councils and boards of trustees, and as in addition to and not limiting powers now given cities and vil- lages, city councils and boards of trustees by law. SALARIES OF CITY OFFICERS. 127 SALARIES OF CITY OFFICERS. 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.] 271. When to be fixed — not changed during term.] § 1. Be it enacted by 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 Qf 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 members of such legisla- tive body, in the annual appropriation bill or ordinance made for the purpose of providing for the annual expenses of any such citiq or by some ordinance prior to the passage of such annual appropriation bill or ordinance; and the salaries or compensa- tion thus fixed or established, shall neither be increased nor di- minished 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 man- ner aforesaid. [See § 84, 85. 272. Emergency.] § 2. Whereas the corporate authorities of certain cities in this State have no power to establish or fix the salaries of their city officers in certain cases, whereby an emergency exists requiring this act to take immediate effect; therefore, this act shall take effect and be in force from and after its passage. MAYOR’S 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 con- cerning appropriations, bills or ordinances that may be passed in such cities. [Approved and in force April 10, 1875. Laws 1875, p. 41.] 273. Power of mayor and council — repeal.] g 1 . Be it enacted by the People of the State of Illinois , represented in the General Assembly, Note.— All except the enacting clause of section one of this act is repealed by act approved May 28, 1879. In force July 1, 1879. L. 1879, p. 65. 274. Approval and veto of ordinances.] § 2. All ordin- ances passed by the city council shall, before they take effect, be deposited in the office of the city clerk, and if the mayor ap- proves thereof, he shall sign the same, and such as he shall not approve he shall return to the council, with his objections STATUTES RELATING TO CITY. 128 thereto, in writing, at the next regular meeting 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 ordinance, the residue thereof shall take effect and be in force ; but in case the mayor shall fail to return any or- dinance with his objections thereto, by the time aforesaid, he shall be deemed to have approved such ordinance, and the same shall take effect accordingly. 275. 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 re- consideration, 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 ap- prove thereof. The vote to pass the same over the mayor’s veto shall be taken by yeas and nays, and entered on the journal. 276. Emergency.] § 4. Whereas, the legislative authori- ties 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 ex- ists; therefore, this act shall take effect, and be in force from and after its passage. REBATE AND REDUCTION OF TAXES, ETC. » AN ACT to prevent the unjust collection, by incorporated cities and towns, of taxes levied upon property destroyed by fire, and to authorize the common council of such cities or board of trustees of such towns, to change or amend appropriation bills, to pass new appropriation bills, to reduce taxes and special assessments in certain cases, and to discontinue special improve- ments. [Approved and in force January 18, 1872. L. 1871-2, p. 270.] 277. Rebate when property destroyed. ] § 1 . Be it enacted by the People of the State of Illinois , represented in the General Assembly , That whenever, in any incorporated city or town in this State, any property listed or assessed for municipal taxation, shall have been or shall hereafter be destroyed by fire, in whole or in part, before the levy of the municipal taxes of such city thereon, or before the municipal taxes levied thereon shall have been collected, it shall and may be lawful for the mayor of such city or town — if there be no mayor, then the president of the board of trustees, the city comptroller, if there should be one ; and if not, then the city clerk or town clerk, and REBATE AND REDUCTION OF TAXES, ETC. 129 the tax commissioner, if there should be one; if not, then the chairman of the finance committee of the city council, or board of trustees — to rebate or remit so much of such tax or taxes, so levied upon such property, as in their opinion should be re- bated or remitted by reason of such property having been, in whole or in part, destroyed by fire. 278. Reduce or release tax or assessment.] § 2. That whenever, in any incorporated city or town in this State, any large portion of the taxable property of such city shall have been or shall hereafter be destroyed by fire, so as to seriously impair or affect the ability of the property owners of such city or town to pay taxes or special assessments thereon, and an appropria- tion bill has been made or passed, or special improvements or- dered before such fire, and the tax or assessment for the pay- ment or raising of the same has not been levied or collected, it may be lawful for the city council or board of trustees of any such town to alter, revise, change, reduce or vacate, or repeal such appropriation bill, or any part of the same, and to order the discontinuance of said special improvements, or any of the- same, or to reduce the amount of taxes or special assessments ordered to be levied, or assessed, or collected for any general or special purpose, and to pass a new appropriation bill; which new appropriation bill shall have the same force and effect as if the same had been passed within the time prescribed by the charter of any such city or such corporate town. 279. Emergency.] § 3. Whereas a large amount of pro- perty listed for taxation in the city of Chicago, and in other cities and towns of this State, has been destroyed by fire before the taxes thereon have been paid, which taxes it would be unjust to collect, it is declared that an emergency exists that this law go into force immediately, and therefore it is enacted that this law shall be in force from and after its passage. 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 au- thorize the cities, villages and incorporated towns of this State to levy and collect taxes to pay for water and light. [Approved June 21. 1883. In'force July 1, 1883. L. 1883, p. 68.] 280. Sewerage fund tax.] § 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, 130 STATUTES RELATING TO CITY. That the legislative authority of any city which now has, or may hereafter have, established a system of sewerage for such city, shall have power annually to levy and collect a tax upon the taxable real and personal estate of such city, not to exceed one mill on the dollar, for the extension and laying of sewers therein, and the maintenance of such sewers, which tax shall be known as “The sewerage fund tax,” and shall be levied and collected in the same manner that other general taxes of any such city are levied and collected : Provided , however , that the board of public works of such city, if any, or the head of the sewer department of such city, shall first certify to such legis- lative authority the amount that will be necessary for such purpose: Provided , further , that a two-thirds majority of all the members 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. And, provided, such “sewerage fund tax” shall not be included, prior to the year 1891, in the aggregate amount of taxes as limited by section one (1) of article eight (8) of “An act for the incorporation of cities and villages,” approved April 10, 1872. [As amended by act approved and in force March 22, 1889. L. 1889, p. 86. 281. Sewerage fund and light tax.] § 2. The legislative authority of any city which now has, or which 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 exten- sion of water mains or pipes therein, and the maintenance of such water works, or to the creation of a sinking fund to be ap- plied to the establishment of water works, which tax shall be known as the “Water Fund Tax,” and shall be levied and col- lected 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 depart- ment of such city, shall first certify to such legislative authority, the amount that will be necessary for such purposes, and shall further certify that the revenue or income from such water works will be insufficient thereto : Provided, further, that two- SEWERAGE, WATER AND LIGHT TAXES. 131 thirds majority of all the members elect of the legislative au- thority of such city may levy a tax for such purposes, not to ex- ceed three mills on each dollar of the taxable property of such 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 tax- able property within its limits, in addition to all other taxes now authorized by law, a tax of not exceeding three mills on the dol- lar of such taxable property to be used exclusively for the pur- pose of lighting streets, and a further tax of not exceeding two mills on the dollar of such taxable property, to be used exclu- sively 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,” approved April 10, 1872. 282. Repeal.] § 3. An act entitled “An act in relation to the levy and collection of taxes for sewerage and water works in the cities if this State, that may have established a system of sewerage and water works for such city,” approved and in force April 22, 1871, is hereby repealed. TAXES. AN ACT to amend an ‘ ‘Act in regard to the assessment and collection of munici- pal taxes, ” approved May 23, 1877. [Approved June 11, 1897. In force July 1, 1897. L. 1897, p. 93.] 283. How may be assessed and collected.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That “An act in regard to the assessment and collection of municipal taxes, passed May 23, 1877, be and the same is hereby amended so that hereafter it shall read as follows : All cities, villages and incorporated towns, in. this State, whether organized under the general law or special charters, shall assess and collect their taxes in the manner, and have power to assess and collect them at the rate provided for in article (8) of the act entitled “An act to provide for the incorporation of 132 STATUTES RELATING TO CITY. cities and villages/’ approved April 10, 1872, and in the manner provided for in the general revenue law of this State; and ail acts, or parts of acts, inconsistent with the provisions of this act are hereby repealed. [See § 111-115; also “Revenue,” ch. 120 , § 122 .* RATE OF TAXATION. AN ACT in relation to the rate of Taxation in Cities, Villages and Incorporated Towns. [Approved and in force May 30, 1881. Laws 1881, p. 59.] 284. Rate of taxation.] § 1. Be it enacted by the people of the State of Illinois , represented in the General Assembly, That all cities, villages and incorporated towns in this State not now having, by their respective 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 authorized by law to levy and collect to support and maintain schools, erect school buildings and for all other school purposes, and to pay interest on its registered bonded indebtedness, such an amount as their respective corporate authorities may prescribe, not ex- ceeding in any year the rate of one per cent, of the assessed valuation of such taxable property as equalized by the State Board of Equalization 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 build- ings, and all other school purposes, and for paying interest on the registered bonded indebtedness of such city, town or village. 285. Legalization — levy.] § 2. Every tax levy made for lawful corporate purpose by any city, village or incorporated town, within this State, in the year 1880, up to the rate of taxa - tion 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. * [Note.— The act which this act amends in effect repealed that of April 15, 1873. See R. S. 1874, p.254. The act of May 5, 1877, for collection of back taxes, and of May 21, 1877, to cure defects in water assessments, are omitted, being tem- porary.] SURPLUS FUND OF TAX. 133 286. Emergency.] § 3. Whereas, an emergency exists, by reason of certain cities in this State being now without necessary power to levy taxes, therefore, this act shall take effect and be in force from and after its passage. SURPLUS FUND OF TAX. AN ACT to prohibit any city, town or village in this State from receiving from the county treasury a greater proportion of the surplus fund or tax than shall be received by any other city, town or village within the same county. [Ap- proved May 4, 1877, and in force July 1, 1877. Laws of 1877.] 287. Proportion of tax.] § 1 . Be it enacted by the people of the State of Illinois , represented in the General Assembly , That no city, town or village within any county in this State, shall be entitled to or shall receive from the county treasury of such county any greater proportion of surplus of all taxes which may be collected for county purposes, than any other city, town or village within the county. 288. Drawback — amount city, etc., may receive.] § 2. Nor shall any such city, town or village be entitled to, or receive from the county treasury any greater drawback of its proportion of the taxes paid into the county treasury, by reason of any ap- propriation by the county board, out of the county treasury for the making and repairing of roads and highways, the building and repairing of bridges in such county, without any such city, town or village within such county, than is now allowed by law to all other cities, towns and villages within the same county. Any acts, or parts of acts, conflicting with this act, are hereby repealed. LABOR ON STREETS. 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. L. 1879, p. 79.] 289. Labor on streets, etc.] § 1 . Be it enacted by the Peo- ple of the State of Illinois, represented in the General Assembly, That the city council in all cities and the president and board of trustees in all villages in this State, may have power, by ordi- nance, 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 (excepting 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 STATUTES RELATING TO .CITY. 134 in each year; but such ordinance shall provide for commutation of such labor at seventy-five cents per day. 290. Fines and penalties.] § 2. Any such city council or president and board of trustees or 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. SIDEWALKS. AN ACT to provide additional means for the construction of sidewalks in cities, towns and villages. [Approved April 15, 1875. In force July 1, 1875. Laws 1875, p. 63.] Note.— The act approved June 21, 1895, entitled ‘ An act to amend Sec. 17, Art. 9, of an act to provide for the incorporation of cities and villages, ” approved April 10, 1872, does not, by implication, repeal this act. See People ex rel. Glea- son, etc., v Yancey, lo7 111., 255. 291. Sidewalks by taxation.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assem- bly, That in addition to the mode now authorized by law, any city or incorporated town or village may, by ordinance, provide for the construction of sidewalks therein, or along or upon any street or part of street therein, and may, by such ordinance, pro - vide 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 shall be ordered, and such special taxation may be either by a levy upon any lot of the whole, or any part of the cost of making any such sidewalk in front of such lot or parcel of land, or by levying the whole or any part of the cost upon each of the lots or parcel of land, touching upon the line of such sidewalk, pro rata upon each of said lots or parcels, according to their respective values — the values to be determined by the last preceding assessment thereof for the purpose of state and 'county taxation; or the wtiole or any part of the cost thereof may be levied upon such lots or parcels of land in proportion to their frontage upon such side- walks, or in proportion to their superficial area, as may be pro- vided by 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 such city, town, or village, raised by general taxation upon the property thereof, and not otherwise appropriated, [See § 62. SIDEWALKS. 135 292. What ordinance may provide.] § 2. Said ordinance shall define the location of such proposed sidewalk with reasona- ble certainty, shall prescribe its width, the materials of which it shall be constructed, and the manner of its construction, 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 pro- posed sidewalk to construct a sidewalk in front of their respec- tive 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 con- structed 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. 293. 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 said sidewalk, together with a list of the lots or parcels of land touching upon the line of said sidewalk, the names of the owners thereof, and the frontage, superficial area, or assessed value as aforesaid, according as said ordinance may provide for the levy of said costs by frontage, superficial area, or assessed value; whereupon said clerk shall proceed to prepare a special STATUTES RELATING TO CITY. 13 G tax list against said lots or parcels, and the owners thereof, ascertaining by computation the amount of special tax to be charged against each of said lots or parcels and the owners thereof, on account of the construction of said sidewalk, accord- ing to the rule fixed for the levy of such special tax by said ordi- nance, which special tax-list shall be filed in the office of said clerk; and said clerk shall thereupon issue warrants directed to such officer as may be designated in such ordinance, for the collec- tion of the amount of special tax so ascertained and 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 in the same manner as constables are authorized to collect execu- tions, and make return thereof, together with the moneys col- lected, 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 pro- perty found,” other warrants may issue, and proceedings by garnishment may be resorted to, as in cases of garnishment in aid of the collection of judgments at law, and all moneys so collected and paid over to said clerk shall be, by him, im- mediately paid over to the treasurer of said city, town or village. 294. Special tax — duty of clerk — report.] § 4. Upon failure to collect such special tax as heretofore provided in this act, it shall be the duty of said clerk, within such time as such 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 county or state, of all the lots or parcels of land upon which such special tax shall be so unpaid, with the names of the respective owners thereof, so far as the same are known to said clerk, and the amount due and unpaid upon each tract, together with a copy of the ordinance ordering the construction of said sidewalk, which report shall be 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 un- paid, and that the amounts therein stated as due and unpaid SIDEWALKS. 137 have not been collected, nor any part thereof. Said reports, when so made, shall be prima facie evidence that all the forms and re- quirements of the law in relation to making such return have been complied with, and that the special tax, as mentioned in said report, is due and unpaid. 295. General officer to obtain judgment — by what laws gov- erned.] § 5. When said general officer shall receive the afore- said report, he shall at once proceed to obtain judgment against said lots or parcels of land for said special tax remaining due and unpaid, in the same manner as may be provided by law for obtaining judgment against lands for taxes due and unpaid- to 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, ex- cept when otherwise 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 collection of taxes, and redemption from tax sales, shall be applicable to proceedings to collect such special tax, except as herein otherwise provided. 296. 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 construc- tion thereof, that such sidewalk has been constructed and fully completed by such owner in accordance with such ordinance, and the council of such city, town, or village shall thereupon, at its first meeting thereafter, allow and order to be issued to such owner, an order on the treasurer of such city, town, or village, for the*cost of the construction of such sidewalk, less the amount of special tax chargeable to the lot or parcel of land of such owner on the line of which such sidewalk has been so constructed. STATUTES RELATING TO CITY. i:*8 ELECTIONS. AN ACT to provide for the time of opening and closing the polls during elec- tions of cities, towns and villages in this State. (Approved May 29, 1879. In force July 1, 1879. L. 1879, p. 70. J 297 . Time of opening and closing polls.] § 1 . Be it en- acted by the People of the State of Illinois , represented in the General Assembly, That in all city, town, or village elections, in this State, the polls shall remain open from eight (8) o’clock, A. M., until seven (7) o’clock P. M., any law in any special charter to the contrary notwithstanding. AN ACT relating to elections, and to fix the time for holding the same, in cities having the same territory as in organized township. [Approved May 6, 1879. In force July 1, 1879. L. 1879, p. 69.] 298 . Elections.] § 1 . Be it enacted by 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 notwith- standing, and such charter and township elections may be con- ducted 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. [See § 48. PUNISHMENT OF PERSONS VIOLATING ORDINANCES. 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. L. 1879, p. 70.] 299 . Arrest — imprisonment — work-house.] § 1 . Be it en- acted 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 summons: Provided, however, that a warrant for the arrest of the offender may issue in the first PUNISHMENT FOR VIOLATING ORDINANCES. 139 instance, upon the affidavit of any person that any such ordinance has been violated, and that the person making the complaint has reasonable grounds to.believe the party charged is guilty thereof; and any person arrested 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 provided by such cities or villages by ordinance for the incarceration of such offenders until such fine, penalty, and cost shall be fully paid: Provided , that no such imprisonment shall exceed six months for an}^ one offense. The city council or board of trustees of any such cities or villages shall have power to provide by ordi- nance 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 days work on account of such fine and costs. 300. Repeal.] § 2. All acts and p^rts of acts inconsistent with the foregoing section are hereby repealed. 301. Emergency.] § 3. Whereas, in some of the cities and villages in this State, there is no authority for the imprison- ment of offenders in work-houses or houses of correction, 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. SUITS— HOW BROUGHT. 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 there- of.” [Approved May 31, 1879. In force July 1, 1879. L. 1879, p. 79.] 302. 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 STATUTES RELATING TO CITY. 140 State, shall be brought in the corporate name of the city or vil- lage, as plaintiff, and no prosecution, recovery or acquittal for the violation of any such ordinance shall constitute a defense to any other prosecution of the same party, for any other viola- tion 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. SEWERAGE. AN ACT to enable cities, towns and villages to contract with each other for sew- erage. [Approved May 14, 1879. In force July 1, 1879. L. 1879, p. 75.J 323. May contract for sewerage, etc.] § 1. Be it enacted by the People of the State of Illinois , represented in the General Assembly, That whenever any city, or incorporated town or village, shall be adjacent or contiguous to any other city or in- corporated 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 sewerage or drainage hereto- fore constructed, or which may be hereafter 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. 324. 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 legisla- tive authority of the city or incorporated town or village con- firming or agreeing to such contract, and every such contract when ratified or confirmed by the proper corporate authorities of the municipal corporations who are parties thereto, shall be in all respects valid and binding. IMPROVEMENT districts. 141 TO DIVIDE CITIES AND VILLAGES SUBJECT TO OVERFLOW INTO IMPROVEMENT DISTRICTS. AN ACT to divide cities and villages subject to overflow agd inundation into improvement districts and to provide ways and means to raise the streets, lots and blocks above the line of overflow. [Approved and in force May 29, 1883. L. 1883, p. 60. J 325. Improvement districts — grade — special assessments.] § 1. Be it enacted by the People of the State of Illinois, repre- sented in the General Assembly: Any city or village of this State incorporated nnder the general law for the incorporation of cities and villages, or nnder any special charter, the site of which is wholly or partially subject to overflow, and which site is or may be surrounded in whole or in part by levees, dykes or embankments to prevent overflow, may lay off such city or village, or any part thereof into what shall be known or called improvement districts, and may fix the grade of the streets, avenues, alleys or public grounds within such improvement dis- trict or districts, at a height above the natural surface of the earth to correspond with the height of the levees, dykes or em- bankments surrounding or partially surrounding such city or village, or above, if deemed necessary, in such manner and to such height as will give a surface drainage from such improve- ment district to the river or rivers which cause such overflow, and may require low lots, blocks or parts of blocks or lots, within such improvement district, to be filled in such manner as to pre- vent water from standing thereon, and so as to prevent the same from becoming a nuisance or injurious to the public health, in the judgment of the corporate authorities of such city or village. The work hereby authorized shall be done by special assessment or special taxation, and all the power in relation to special assess- ments or special taxation heretofore granted to any city or vil- lage in this State, or to any drainage or improvement district in this State, is hereby granted to such cities and villages under this act. 326. Corporate authorities — duty of — survey — costs of work.] § 2. When any such improvement district shall be created by ordinance under this act, it shall be the duty of the corporate authorities to cause an accurate survey of the work contemplated to be done or made, to be made by a competent civil engineer, and cause plats, profiles, and estimates of the work to be done, including the cost of all walls or other structures necessary to STATUTES RELATING TO CITY. 142 bo built or constructed to hold the earth to its proper place, and the cost of the work opposite to, or adjacent to each lot in such district and the cost of the fill upon each and every lot within such district necessary to be filled to be used in estimating the benefits to be charged against the lot or block, or parts thereof, within such improvement district; and in estimating such bene- fits it shall be proper to take into consideration the benefit any such lot, block or parts thereof will receive by reason of being secured from overflow, or sipe water. 327. Improvement district may issue bonds — style and man- ner of proceeding.] § 3. When any such improvement district or districts has or have been laid out and defined by any such city or village, and the cost of the improvement estimated and ascertained by a competent engineer, and the benefits to the lots, blocks or parts thereof have been assessed, then such city or vil- lage may cause a series of bonds to be issued, sufficient to pay the special assessments, or special tax, so ascertained for such district, and which bonds when so issued and endorsed as here- inafter provided for, shall be a lien upon the lots, blocks or parts thereof which shall be designated in such bond or bonds, such bond or bonds to bear interest at a rate not exceeding six per cent, and may run for any term not exceeding twenty years, the style of the bond to be fixed and designated by ordinance; but before any. bond shall issue, or be put in circulation, the owner or owners of any such lot or lots to be charged with such special assessment or assessments, or special tax, shall endorse upon the back of such bond or bonds, his or her consent thereto, in words in substance as follows: I hereby endorse the within bond, and consent that the lot or lots, or parts thereof therein designated, shall become liable for the interest and principal therein named, and the same shall be a lien upon said property from this date until paid off and discharged. This day of 190.. v [Seal.] Said bond when prepared and executed by such city or village, and endorsed by the owner or owners of the property to be charged with the special assessment or special tax, shall be recorded in the recorder’s office of the county in which such city or village is located, and when so recorded such record shall bo notice of the lien thereby created, to the same extent that records 1 M PRO VEM EN T D 1 STRICTS. 143 of mortgages are notices of the mortgage lien, and shall have the same force and effect. JSTo coupon need be recorded; the face of the bond and endorsement shall be sufficient. 328. Interest and principal of such bonds — how to be paid.] § 4. It shall be the duty of any city or village, issuing bonds under this act, to provide by ordinance for the collection of the interest and principal of such bonds from the property so charged with the special assessment or special tax, and shall be placed upon the tax books in the same manner that special assessments or special taxes now are, for collection, and shall be treated in the same manner, and have the same effect as special assessments or special-tax now have under the statute — and such city or village shall not be liable for the interest or principal of any such bond or bonds, out of any fund except the special fund of the improvement district, to which the bond or bonds apply, and for the faithful enforcement of the ordinances providing for the collection of the interest and principal thereof. 329. When railroad company to pay a portion of the work.] § 5. If any steam or horse railroad shall be located upon, or across any street in any such improvement district, then, in estimating the cost of the work, such railroad shall be charged with the fill upon such street or crossing in the proportion or amount that it would require or cost such railroad to make an independent embankment of the same height to receive its track or tracks upon such street or crossing : Provided , that any such railroad shall have the same right to build its embankment, or make its proportion of the improvement as is allowed to in- dividuals. If any such steam or horse railroad shall fail, or refuse to comply with the ordinances of any such city or village, in this regard, the track or tracks of any such delinquent railroad shall be taken and deemed to be a nuisance, and all rights of any such railroad upon any such street or crossing shall be forfeited, and the rails and ties removed as the work progresses. 330. When property belongs to minors.] § 6. If any pro- perty within any improvement district created under this act, shall belong to minor heirs, idiots, lunatics, or any person other- wise incapacitated to contract, the guardian, conservator, or other person in charge of any such estate, may apply to the circuit STATUTES RELATING TO CITY. 144 court of Dio county in which such city or village is located, by petition, for leave to endorse such bond or bonds, and when indorsed by order of the court, such endorsement shall have full force and effect in law. 331. How powers granted, exercised and how construed.] § 7. All the powers hereby granted to the corporate authorities of such cities and villages, may be put into full force and effect by proper ordinances, and the powers hereby granted shall be liberally construed by all courts in this State in order that full force and effect shall be given to this act. 332. Rights of the holders of such bonds. ] § 8. The owner or holder of any such bond may, in addition to the powers hereby given to the cities or villages, under this act, to collect the in- terest and principal, have his or her personal remedy in any court upon the endorser upon his endorsement, for failure to pay interest or principal, and in case of two successive failures by any person liable to pay the interest on any such bond, such bond shall be held to be due, and the holder may enforce his lien for interest and principal by foreclosure in any court of this State of competent jurisdiction. 333. Emergency.] § 9. Whereas there are cities and vil- lages in this State that are subject to overflow, and have suffered severely by the recent floods and inundations, and the best time for successful work in filing, is in the spring months, therefore an emergency exists, and this act shall take effect and be in force from and after its passage. TO AUTHORIZE CITIES, ETC., TO CONSTRUCT AND REPAIR DRAINS, ETC. AN ACT to vest the corporate authorities of cities and villages with power to construct, maintain and keep in repair drains, ditches, levees, dykes, and pumping works for drainage purposes by special assessment upon the prop- erty benefited thereby. [Approved June 22, 1885. In force Julyl, 1885. L. 1885, p. 60.] 334. Cities and villages empowered to construct drains, etc.] § 1. Be it enacted by the People of the State of Illinois, repre- sented in the General Assembly : That the corporate authorities of cities and villages are hereby vested with power to construct drains, ditches, levees and dykes, to erect pumping works, and to acquire the necessary land and machinery for such purposes, COMPENSATION OF OFFICERS. 145 and otherwise to provide for draining any portion of the lands within their corporate limits, by special assessment upon the property benefited thereby. 335. Drainage improvements by special assessments.] § 2. That the corporate authorities of cities and villages are hereby vested with the power to maintain and keep in repair such drains, ditches, levees, dykes, pumping works and machinery and such drainage improvement by special assessment upon the property benefited thereby: Provided, that no lot, block, tract or parcel of land shall be assessed more than once in any one year for such maintenance and repair. 336. Proceedings in.] § 3. All the proceedings for the making of the improvements in this act mentioned, and for the maintenance and repair thereof, and for the levy and collection of the special assessments to defray the cost of the same, shall be in accordance with the provisions of article nine of the general act for the incorporation of cities and villages, approved April 10, 1872. COMPENSATION TO OFFICERS OF TOWNS, ETC. AN ACT to limit the compensation of officers, agents or employes of incor- porated towns or villages. [Approved June 26, 1885. In force July 1, 1885. L. 1885, p. 58.] 372. Unlawful to take greater sum than the percentage, etc.] § 1. Be it enacted by the People of the State of Illinois, repre- sented in the General Assembly: That, whenever any officer, agent or employe of any incorporated town or village, hereafter to be elected or appointed, is paid by a commission or percentage on the moneys collected, handled or paid over by him, it shall be unlawful for said officer, agent or employe to receive or retain for his compensation for collecting, handling or paying over such moneys, any greater sum than that produced by such per- centage or commission, and in no case shall such compensation exceed the sum of five thousand dollars ($5,000) per annum. REFUNDING ILLEGAL TAXES. AN ACT to refund illegal taxes. [Approved June 27, 1885. In force July 1, 1885. L. 1885. p. 61.] 373. City may refund illegal taxes — limitation.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That, whenever, in any of the cities STATUTES RELATING TO CITY. 140 of this State, any taxes for city purposes have been collected and paid into the city treasury without authority of law, and the city council of such cities have caused certificates to be issued to the persons or corporations who have paid such illegal taxes, certifying that such taxes were illegally assessed and collected, the city council of such cities are hereby authorized to make an appropriation as soon as possible after this act shall take effect for the purpose of refunding such illegal taxes, with six per cent, interest per annum from the date of such certificates, and warrants shall be drawn for the payment of such sums and in- terest, out of the fund so appropriated, to the persons or corpora- tions who obtained such certificates, or their assignees or legal representatives in the usual manner prescribed by the charter of said cities, or by the general law : Provided, such certificates are presented to the comptroller of such cities for exchange for warrants within two years after this act shall go into effect. And the treasurers of any such cities shall pay said warrants out of said appropriations. TO AUTHORIZE CITIES AND VILLAGES TO CONVEY REAL ESTATE. AN ACT to authorize cities and villages to convey real estate held by them for school or academy purposes to the proper school officers. [Approved June 27, 1885. In force July 1, 1885. L. 1885, p. 59.] 374. How city or village may convey real estate held for school purposes.] § 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly: That any city or village, incorporated under any general or special law of this State, which shall hold any real or personal estate which shall have been conveyed to such city or village, by virtue of any general or special law of this State, or otherwise, for school or academy purposes, is hereby authorized and efnpowered, by ordinance or resolution of the city council of any such city, and of the president and board of trustees of any such village, to cause such real or personal estate to be conveyed and trans- ferred to the proper school officers, authorized to hold the same, for the use of the district in which such real or personal estate shall be situated, by proper deed or deeds of conveyance, executed by the proper officers of such city or village, under the common seal thereof. AUTHORITY TO CONVEY- REAL ESTATE. 147 375. When real estate ceases to be used for school purposes.] § 2. That if any real estate conveyed by virtue of this act, shall, at any time, cease to be used for school purposes for a period of three years, then it shall be the duty of the school officers, hold- ing the title to such real estate, to convey the sameffiack to said city or village to be by it thereafterwards held, enjoyed and dis- posed of as other corporate property, which condition shall be inserted in any deed made by any such city or village by virtue of this act. Said reconveyance, in case of the non-use of such real estate for the period aforesaid, may be compelled and en- forced by any tax payer of said city or village by proper proceed- ings to be instituted by him for that purpose. 376. Trustees under special charter — rights of.] § 3. That in all cases where any such real or personal estate shall have been under the control of any trustees, appointed or elected by virtue of any general or special law of this State, that when- ever such estate shall be conveyed as aforesaid, that the duties of such trustees, in relation thereto shall cease and determine, and it shall be their duty to immediately settle and adjust all matters relating to such trust or estate and make report to the proper authority of their acts and doings, upon the approval of which said trustees will be released and discharged from the further performance of duty in that behalf. All moneys which may remain in the treasury of such city or village, to the credit of any fund connected with the use of such real or personal estate, while so held by such city or village, shall be used by such city or village for any lawful corporate purpose. 377. Repeal.] § 4. That all acts or parts of acts incon- sistent with the provisions of this act are hereby repealed. TO AUTHORIZE CITIES AND VILLAGES TO CONVEY REAL OR PERSONAL ESTATE NOT NECESSARY, ETC. AN ACT to authorize cities and villages to convey any real or personal estate, or their right and title therein, when the same shall be no longer necessary for, or profitable to, or its longer retention be for the best interests of such city or village. [Approved March 22, 1889. In force July 1, 1889. L. 1889, p. 85.] 378. City council or board of trustees may pass ordinance to sell real or personal estate no longer necessary.] § 1 . Be it enacted by the People of the State of Illinois , represented in the General Assembly, That any city or village incorporated 148 STATUTES RELATING TO CITY. under any general or special law of this State, which shall have acquired or hold any real or personal estate for any purpose whatsoever, is hereby authorized and empowered by ordinance passed by three-fourths of the members of the city council of any such city, or of the board of trustees of any such village, at any regular or at any special meeting called for such purpose, to sell such property when the same shall, in the opinion of such majority of such city council or board of trustees, be no longer necessary, appropriate or required for the use of such city or village, or profitable to, or its longer retention be for the best interests of, such city or village. 379. What ordinance shall specify — notice of sale — opening of bids, etc.] § 2. Such ordinance shall specify the location of such real or personal estate, and the use thereof, of whatever kind the same may be, and before any sale shall be made under or by virtue of any such ordinance, by the city council of any such city, or the board of trustees of any such village, such ordi- nance and proposal to sell shall be published in one of its daily or weekly papers for a period of not less than sixty days, and if no paper be published in such city or village, then it shall be published in some paper of general circulation in this Stats nearest to such city or village. Such notice shall contain an accurate description of such property, the purpose for which it is used, and at what meeting the bids will be considered and opened, and shall advertise for sixty days for bids therefor. All such bids shall be opened only at a regular meeting of such city council or board of trustees, and shall be accepted only upon a vote of three-fourths of the members of such city council or board of trustees: Provided , however , that the city council or board of trustees may, by a majority vote, reject any and all bids. 380. By whom and when conveyance to be made.] § 3. Upon any bid having been accepted, and the purchase price duly paid or secured, the mayor and city clerk, or the president of the board of trustees and the clerk of such board, shall have the power to convey such real or personal estate and transfer the same to such party or parties whose bids have been accepted, by proper deed or deeds of conveyance, stating therein the price therefor, with the seal of the corporation. TO CONVEY FOR SCHOOL PURPOSES. 140 TOWNS, CITIES AND VILLAGES INCORPORATED BY SPECIAL CHARTER, CONVEYING REAL ESTATE FOR SCHOOL PURPOSES. AN ACT to permit towns, cities and villages incorporated by special charter to convey real estate for school purposes. [Approved May 21, 1887. In force July 1,1887. L. 1887, p. 127.] 381. How town, city or village may convey real estate for school purposes.] § 1 . Be it enacted by the people of the State of Illinois , represented in the General Assembly , That any town, city or village incorporated by a special charter granted .by the General Assembly of the State of Illinois, holding title to or having an interest in any real estate, may, by proper deed of convej^ance, executed by the corporate authorities of said town, city or village, when authorized by ordinance, sell and convey the same to the trustees of schools of the township in which such real estate is situated, to be used as a school site for the school district in which such real estate is situated. UNDER SPECIAL CHARTERS— RIGHT TO LEVY AND ASSESS TAXES FOR SCHOOL PURPOSES, ETC. AN ACT giving cities organized under special charters and having the govern ment of public schools under such charters, the government of public school 6 ? in any territory annexed to said cities, with the right to levy and assess taxes for school purposes against the property in said territory so annexed. [Ap- proved April 12, 1899. In force July 1, 1899. L. 1899, p. 345.] 381a. Right to levy and assess taxes for school purposes against property.] § 1 . Be it enacted by the people of the State of Illinois, represented in the General Assembly: Thai; in all cities in this State, having a population of less than twenty thousand, and incorporated under any special law, whose public or common schools within the corporate limits of said city are governed by virtue of such special acts, where any terri- tory has been heretofore, or may hereafter be annexed to said city for general corporate purposes, such territory so annexed shall be included in, and shall be subject to the control and government of said cities for school purposes upon petition signed by a majority of the legal voters in the territory to be annexed, as fully and to the same extent as if the said territory were originally within the corporate limits of said city as created by such special acts, and said territory when so annexed shall thereby become disconnected from any school district to which, prior to such annexation, it may have been connected or belonged. 150 STATUTES RELATING TO CITY. 381b. Right to cities referred to in sec. 1, to levy taxes for school purposes, etc.] § 2. All cities referred to in Section one of this act shall have the right to levy, assess and collect taxes for school purposes in the territory so annexed, in the same manner, and as fully and to the same extent as the said cities may now have said right over the territory comprised within the original corporate limits of said cities. POLICE AND FIREMEN'S RELIEF FUND. AN ACT to amend * ‘An Act for the relief of disabled members of the police and fire department in cities and villages,” approved May 24, 1877. In force July 1, 1877. [Approved May 10, 1879. In force July 1, 1879. L. 1879, p. 72. As amended by act approved June 28, 1883. In force July 1, 1883. As amended by act approved May 10, 1901. In force July 1, 1901. J 382. How funds created.] § 1 . Be it enacted by the people of the State of Illinois , represented in the General Assembly: That one-half of all the rates, taxes and license fees which are, or may be hereafter 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, effecting fire insurance, and one-fourth of all moneys collected as 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 mem- bers of the police and fire departments for violation of the rules and regulations of the service, and all fines recovered for viola- tion of the fire ordinances, and all moneys accruing from the sale of unclaimed stolen property, and two per centum of all moneys received from licenses for the keeping of saloons or dram shops, shall be set apart by the treasurer of the city or village, to whom the same shall be paid, as a fund for the re- lief of disabled members of the police and fire departments of such city or village. 382a. Per cent, from licenses for keeping of saloons, etc.] § 1A. In any city of over 10,000 inhabitants where it shall be authorized by a majority vote of the electors of such muni- cipality, two per centum of all moneys received from licenses for the keeping of saloons or dram shops shall be also set apart in like manner for the fund above mentioned in this act. 382b. How city may adopt provisions of section 1 A.] § IB. The electors of any city may adopt the provision of section 1A POLICE AND FIREMAN'S RELIEF FUND. 151 of this act in the following manner: Whenever 20 per cent of the legal voters of such incorporated city shall petition the city clerk, or the officer or officers whose duty it is to prepare the ballots, to submit the proposition as to whether such city shall adopt the provisions of section 1A of this act, then it shall be the duty of such officer or officers to submit such proposition accordingly at the next succeeding regular city election, and if such proposition is not adopted at such election the same may, in like manner, be submitted at any regular city election there- after. The proposition so to be voted for. shall be prepared and provided for that purpose in the same manner as other ballots, and shall be substantially in the following form : For the adoption of the provisions of an act setting Yes. apart two per centum of moneys received by the city from the licensing of saloons or dram shops for a pension fund for disabled members of No. the police and fire department. If a majority [of the members] of the number of the votes cast in said city at the last general election shall be voted for such proposition, then section 1A of this act shall be declared adopted and in force in such city. [As amended by act ap- proved May 10, 1901, in force July 1, 1901. 383. 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 comptroller (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. 384. Board to control fund.] § 3. The said board shall have the 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 policemen or firemen, 152 STATUTES RELATING TO CITY. and shall have the power to assess each and every member of the police and fire departments 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 depart- ments, have not forfeited their rights to share in such benefits after leaving such departments 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 said 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 bene- fits of this fund, shall not within one month after notice in writing to him from said board of the 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 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 de- partment. 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 applications 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 discretion, order that such sums of money or annuity .shall be reduced, or that payment of the same shall not be made. The board shall cause to be kept a record of all its meetings and proceedings. 385. Treasurer to give bond for fund.] § 4. The treasurer of the board shall be the custodian of the fund in the first sec- tion 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 POLICE AND FIREMAN'S RELIEF FUND. 153 board, and the same shall always be subject 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 per- formance 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 expira- tion of his term of office, he will surrender and deliver over to his successor all unexpended moneys and all 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 such city or village, for the use of said board or of any person or persons injured by such breach. 386. 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 writing by said board, to draw warrants upon the treasurer of such city or vil- lage, 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. 387. 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 permanently 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 mem- ber, while in the actual discharge of duty shall be killed, or shall die from the immediate effects of an injury received by —7 154 STATUTES RELATING TO CITY. him while in such discharge of duty, or sjiall 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 condition 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. 388. 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 assessments 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 organization, 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 provi- sions of this act, relative to the payment of assessments, etc., the same as prior to his ceasing to be a member of said depart- ments, and the widow or children of such person shall be en- titled to all benefits hereby secured to other members of this organization. 389. 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 by the president of the board and countersigned by the secretary, 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 board or otherwise, be deposited in any bank, or loaned, all interest on money which may be paid or agreed to be paid, on account of any such loan or deposit, shall belong to and con- stitute a part of said fund. Provided , that nothing herein con- tained shall be construed as authorizing the said treasurer to TAX FROM FIRE INSURANCE COMPANIES. 155 loan the said fund, or any part thereof, unless so authorized by said board. 390. Repeal.] § 9. All acts or parts of acts, or amend- ments thereto, heretofore enacted, and in any manner conflict- ing with the provisions of this act, are hereby expressly repealed. Note.— This act is in place of that of May 24, 1877, on the same subject. R. S. 1877, p. 239. TAX OR LICENSE FEE FROM FOREIGN FIRE INSUR- ANCE COMPANIES FOR BENEFIT OF FIRE DEPARTMENT. AN ACT entitled, ‘ ‘An Act to enable cities, towns and villages organized under any general or special law to levy and collect a tax or license fee from foreign fire insurance companies for the benefit of organized fire departments. [This act became a law May 31, 1895. In force July 1, 1895. Amended by afit ap- proved April 24, 1901. In force July 1, 1901.] 420. Foreign fire insurance companies to pay tax or license fee — penalty.] §1. Be it enacted by the people of the State of Illinois , represented in the General Assembly, All corporations, companies and associations not incorporated under the laws of this State, and which are engaged in any city, town or village organized under any general or special law of this State, in effecting fire insurance, shall pay to the treasurer of the city, town or village for the maintenance, use and benefit of the fire department thereof a sum of not exceeding two per cent of the gross receipts received by their agency in such city, town or village; twenty-five per cent of the amount so collected to be set apart and appropriated to the fund for the pensioning of disabled and superannuated members of the fire department, and of the widows and orphans of deceased members of the fire department of cities, villages or incorporated towns whose popu- lation exceeds fifty thousand and having a paid fire department. Cities, towns and villages are hereby empowered to prescribe by ordinances the amount of tax or license fee to be fixed, not in excess of the above rate, and at that rate such corporations, companies and associations shall pay upon the amount of all premiums, which during the year ending on every first dajr of July shall have been received for any insurance effected or agreed to be effected in the city, town or village, by or with such corporation, companies or association, respectively. Every person who shall act in any city, town or village as agent or otherwise for or on behalf of any such corporation, company 15f> STATUTES RELATING TO CITY. or association, shall, on or before the 15th day of July of each and every year, render to the city, town or village clerk a full, true and just account, verified by his oath, of all the premiums which, during the year ending on every first day of July pre- ceding 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 report the amounts received for fire insurance. Such agent shall also pay to the treasurer of any such city, town or village, at the time of rendering the aforesaid report, the amount of rates fixed by the ordinance of the said cities, towns or villages for which the companies, cor- porations oj associations represented by them are severally chargeable by virtue of this act and the ordinance passed in pursuance hereof. If such account be not rendered on or before the day herein designated for that purpose, or if the said rates shall remain unpaid after that day, it shall be unlawful for any corporation, company or association so in default to transact any business of insurance in any such city, town or village until the said requisition shall have been fully complied with; but this provision shall not relieve any company, corporation or association from the payment of any risk that may be taken in violation hereof. [As amended by act approved April 24, 1901, in force July 1, 1901. 421. Penalty for violating this act.] § 2. Any person or persons violating any of the provisions of this act shall be subject to indictment, and upon conviction thereof in any court of competent jurisdiction, shall be fined in any sum not exceed- ing one thousand ($1,000) dollars or imprisoned in the county jail not exceeding six (6) months, either or both, in the discre- tion of the court: The amount of said tax or license fee may also be recovered of said corporation, company or association, or its agent, by an action in the name and for the use of any such city, town or village as for money had and received. Pro- vided, that this act shall only apply to such cities, towns and villages as have an organized fire department, or maintain some organization for the prevention of fires. 422. Repeal.] § 3. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. PLEASURE DRIVEWAYS. 157 PLEASURE DRIVEWAYS IN INCORPORATED CITIES, VILLAGES AND TOWNS. AN ACT to provide for pleasure driveways in incorporated cities, villages and towns. [Approved and in force March 27, 1889. L. 1889, p. 83.] 435. Pleasure driveways — how established.] § 1 . Be it enacted by the People of the State of Illinois , represented in the General Assembly , That the city council in cities, the president and the board of trustees in villages, or the board of trustees in incorporated towns, whether incorporated under the general law, or special charter, shall have the power to designate by ordinance the whole or any part of not to exceed two streets, roads, ave- nues, boulevards or highways, under their jurisdiction, as a public driveway, to he used for pleasure driving only, and to improve and maintain the same, and also to lay out, establish, open, alter, widen, extend, grade, pave or otherwise improve and maintain not more than two roads, streets or avenues, and designate the same as pleasure driveways, to be used for pleasure driving only: Provided , said powers shall only be exercised when said corporate authorities are petitioned thereto by the owners of more than two-thirds (2-3) of the frontage of land fronting, upon said proposed pleasure driveway. 436. May be laid out under article 9.] § 2. Said pleasure driveways may be laid out, extended and improved under the provisions of article 9 of an act to provide for the incorporation of cities and villages, approved April 10, 1872, in force July 1, 1872, and any and all amendments thereto. 437. Power of corporate authorities to regulate, etc.] § 3. Said corporate authorities may, by ordinance, regulate, restrain and control the speed of travel upon said pleasure drives, and prescribe the kind of vehicles that shall be allowed upon the same, and in all things may regulate, restrain and control the use of said pleasure driveways by the public or individuals, and may exclude therefrom funeral processions, hearses and traffic teams and vehicles, so as to free the same from any and all business traffic or objectionable travel, and make the same a pleasure driveway for pleasure driving only, and may prescribe in such ordinances such fines or penalties for the violation thereof as they are allowed by law to prescribe for the violation of other ordinances. STATUTES RELATING TO CITY. 1 58 438. Emergency.] § 4. Whereas, certain municipalities are about establishing such pleasure driveways, or boulevards, and doubts exist as to their power so to do; therefore an emer- gency exists for the passage of this act, and the same shall take effect and be in force from and after its passage. STEAM BOILER EXPLOSIONS. AN ACT to insure the better protection of life and property from steam boiler ex- plosions. [Approved June 3, 1889. In force July 1, 1889. L. 1889, p. 88. | 439. Persons in charge of steam boilers — license — penalty.] § 1. Be it enacted by the People of the State of Illinois , rep- resented in the General Assembly, That the city council in cities, and the president and board of trustees in towns and villages, shall have power to adopt ordinances within their respective limits, to provide for the examination, licensing and regulation of persons having charge of steam boilers under steam pressure, exhausting through an engine, to fix the amount, terms and manner of issuing and revoking licenses to such persons; to provide that it shall not be lawful for any person to exercise, within the limits of the respective cities, towns and villages which may adopt such ordinances, the business of operating steam boilers, under steam pressure, exhausting through an engine, without a license; and to provide that any person violating the provisions of such ordinances shall be liable to a penalty for each breach thereof. 440. Board to examine — license, etc.] § 2. To require that all persons engaged in such occupation within the jurisdic- tion of such towns, cities and villages, so adopting such ordi- nances, shall submit to an examination by a competent board of examiners to be appointed by such councils and boards of trustees, touching their competency and qualifications in regard to such vocations, with power to such board of examiners to license such persons as may be found capable and trustworthy in that behalf. NON-RESIDENT NOT TO BE DEPUTY, SPECIAL CON- ' STABLE OR SPECIAL POLICEMAN. AN ACT entitled. “An Act to prevent non-residents from serving or acting as deputy sheriff, special policemen or special constables.” [Approved June 19, 1893. In force July 1, 1893. L. 1893, p. 2.] 444. Non-resident not to be sheriff, special policeman, etc.] § 1. Be it enacted by the People of the State of Illinois, rep- INTEREST ON WARRANTS. 159 resented in the General Assembly > That it shall he unlawful for the sheriff of any county, or the corporate authorities of any city, town or village to authorize, empower, employ or per- mit any person to act as deputy sheriff, special constable or special policeman for the purpose of preserving the peace who is not a citizen of the United States and has not been an actual resident of the county where such person is authorized to act as deputy sheriff, special constable or special policeman, one whole year before such authorization. 445. Penalty.] § 2. Any sheriff or public officer violating the provision of this act shall be deemed guilty of a misde- meanor, and shall on conviction, he punished by a fine of not less than $100 and not more than $500. [This act is under the chapter on “Sheriffs” but is inserted here also for conveni- ence. INTEREST ON WARRANTS OF MUNICIPAL CORPORA- TIONS. AN ACT to provide for payment of interest on warrants of municipal corpora- tions. [Approved June 15, 1895. In force July 1, 1895. L. 1895, p. 106.] 489. Repealed.] See Chapter 146, Section 4, Hurd’s Re- vised Statutes of 1901. APPOINTMENT OF POLICE MATRONS. AN ACT to provide for the appointment of police matrons in cities having 16,000 inhabitants or more. [Approved May 25, 1897. In force July 1, 1897. L. 1897, p. 99.] 490. Appointment of police matrons.] § 1 . Be it enacted by the People of the State of Illinois } represented in the General Assembly , That in all incorporated cities in this State, having a population of sixteen thousand inhabitants or more, it shall be the duty of the mayor of such city, subject to confirmation by the council of such city, to appoint for the term of one year, one or more police matrons, who shall have charge of all female prisoners in their respective cities, in the police station, city prison, workhouse, or calaboose of such city, and who shall per- form such duties in that regard as shall be prescribed by the ordinances of such city: Provided , in cities of over 50,000 inhabitants they need not be confirmed by the council or board of trustees. [See § 74. 490a. Salaries of police matrons.] § 2. The salaries to be paid to each of said matrons shall be fixed annually by the 160 STATUTES RELATING TO CITY. council or president and, as the case may be, out of the funds to be duly appropriated for that purpose. LAYING GAS PIPE POP LIGHTING S, ERECTING ELECTRIC POLES AND HEATING PURPOSES— FRONTAGE. AN ACT to regulate and prescribe the conditions for the granting of rights and privileges tor lighting and heating purposes by cities, villages and incor- porated towns, and providing a remedy by the property owner where such conditions have not been complied with. [Approved June 5, 1897. In force July 1, 1897. L. 18;>7, p. 100.] 491. Conditions upon which, privileges to lay pipes or string wires for lighting purposes in streets may be granted — remedy of property owners.] § 1 . Be it enacted by the people of the State of Illinois , represented in the General Assembly, That the city council in cities, or the president and board of trustees in villages and incorporated towns shall have no power to pass an ordinance granting to any person or corporation the right or privilege to lay any gas pipes for the distribution of inflammable gas for fuel or lighting purposes, or to pass an ordinance granting to any person or corporation the right or privilege to lay in or on the ground, or string on poles any wires on, over or by which electricity for lighting purposes is to be used, conveyed or distributed in any street, alley or public grounds in any such city, village or incorporated town, except upon the petition of the owner of the land representing more than one-half of the frontage on the street or alley, or so much thereof as is sought to be used for the purposes above mentioned, or any or either of them, and when the street or alley, or part thereof sought to be used shall be more than one mile in length, no right or privilege to lay pipes, or lay or string wires for lighting purposes shall be granted, unless a petition therefor shall be presented to the city council of the city, or board of trustees of the incorporated town or village in which such right or privilege is sought, signed by the owners of the land repre- senting more than one-half of the frontage of each mile, and of the fraction of a mile, if any, in excess of the whole mile, measuring from the initial point named in such petition, of such street or alley, or of the part thereof sought to be used for the purposes above mentioned, or either of them. Any person being the owner of, or interested in any lot fronting on any street or alley, or part thereof, as is sought to be used for LICENSING OF PLUMBERS. 161 any or either of such purposes, shall have the right by hill in chancery, in his or their own name, to enjoin any person or corporation from using such street or alley, or part of street or alley for either of such purposes, under any grant by the city council or board of trustees, which is not made in con- formity with the provisions hereof, and the sufficiency of the petition herein required, shall be ascertained by the court in which such bill in chancery may be filed. FOR THE LICENSING OF PLUMBERS AND TO SUPER- VISE AND INSPECT PLUMBING. AN ACT to provide for the licensing of plumbers and to supervise and inspec plumbing. [Approved June 10, 1897. In force July 1, 1897. L. 1897, p. 279.] 498. Person working as plumber to receive certificate.] § 1. Be it enacted by the People of the State of Illinois , rep- resented in the General Assembly , That any person now or hereafter engaging in or working at the business of plumbing in cities or towns of 5,000 inhabitants or more in this State, either as a master plumber or employing plumber or as a jour- neyman plumber, shall first receive a certificate thereof, in accordance with the provisions of this act. 499. Board to examine plumber’s certificate.] § 2. Any person desiring to engage in or work at the business of plumbing, either as a master plumber or employing plumber, or as a jour- neyman plumber, shall make application to a board of examiners hereinafter provided for, and shall at such time and place as said board may designate, be compelled to pass such examina- tion as to his qualifications, as said board may direct; said ex- amination may be made in whole or in part, or [in] writing, and shall be of a practical and elementary character but suffi- ciently strict, to test the qualifications of the applicant. 500. Board to be appointed by the mayor.] § 3. That there shall be in every city, town or village, of 10,000 inhabit- ants or more, a board of examiners of plumbers, consisting of three members one of which shall be the chairman of the board of health, who shall be office [ex-officio] chairman of said board of examiners, a second member, who shall be a master plumber, and a third member who shall be a journeyman plumber. Said second and third members shall be appointed by the mayor and STATUTES RELATING TO CITY. 1G2 approved by the [city] council or by the board of trustees of said town, or village, within three months after the passage of this act, for the term of one year from the first day of May, in the year of appointment, and thereafter annually before the first day of May, and shall be paid from the treasury of said city, town or village, the same as other officers, in such sums as the authorities may designate. 501 . Meeting of board of examiners — scope of examina- tion — certificate of qualification — fee for.] § 4. Said board of examiners shall, as soon as may be, after the appointment, meet and shall then designate the times and places for the examination of all applicants, desiring to engage in, or work at, the business of plumbing, within their respective jurisdiction. Said board shall examine said applicants as to their practical knowledge of plumbing, house drainage, and plumbing ventila- tion ; and, if satisfied of the competency of such applicants, shall thereupon issue a. certificate to such applicant, authorizing him to engage in, or work at, the business of plumbing, whether as master plumber, or employing plumber, or as a journeyman plumber. The fee for a certificate for a master plumber, or employing plumber, shall be $5.00; for a journeyman plumber it shall be $1.00. Said certificate shall be valid and have force throughout the State, and all fees received for said certificates shall be paid into the treasury of the city, town or village, where said certificates are issued. 502 . Cities, etc., to prescribe rules and regulations for the material, constructions, alterations and inspection of all plumbing and sewerage, etc.] § 5. Each city, town or vil- lage, in this State, having a system of water supply or sewerage, shall by ordinance or by-law, within three months of the pas- sage of this act, prescribe rules and regulations for the mate- rials, constructions, alteration and inspection of all plumbing and sewerage placed in, or in connection with, any building in such city, town or village; and the board of health, or proper authorities, shall further provide that no plumbing work shall be done, except in case of repairing leaks, without a permit be- ing first issued therefor, upon such terms and conditions as such city, town or village, shall prescribe. HOUSES OF CORRECTION. 103 503. Who required to take examination and procure cer- tificates.] § 6. All persons who are required by this act to take examinations and procure a certificate as required by this act shall apply to the board in the city where he resides or to the board nearest his place of residence. 504. Penalty for violating act.] § 7. Any person violat- ing any provision of this act shall be deemed guilty of a mis- demeanor, and be subject to a fine of not less than five dollars ($5.00) nor exceeding fifty dollars ($50.00) for each and every violation- therefor, and his certificate may be revoked by the board of health or proper authorities of said city, town or village. 505. Repeal.] § 8. All acts and parts of acts inconsistent herewith are hereby repealed. TO ESTABLISH HOUSES OF CORRECTION OUTSIDE OF CORPORATE LIMITS. AN ACT to authorize cities to establish houses of correction outside of the cor- porate limits and authorize the confinement of convicted persons therein. [Approved June 11, 1897. In force Julyl, 1897. L. 1897, p. 97.] 506. May establish houses of correction outside of cor- porate limits — police powers over.] § 1 . Be it enacted by the People of the State of Illinois, represented in the General Assembly, That it shall be lawful for the municipal authorities of any city within this State, to purchase, own and control not to exceed forty acres of land within the incorporate limits of such city or outside and within three miles of the corporate limits of any such city, for the purpose of establishing thereon a house of correction and other buildings or appurtenances thereto which shall be used for the confinement and punishment of criminals or persons sentenced or committed thereto under the provisions of this act, or any law of this State, or ordinance of any city of [or] village authorizing the confinement of con- victed persons in any such house of correction. And when such land is purchased and house of correction established by any such city outside of the corporate limits thereof, such city and the municipal authorities thereof shall have full and complete police powers over such lands and terri- tory surrounding the same as is now conferred by law upon in- corporated cities, towns and villages within this State over terri- tory lying within the corporate limits thereof. 164 STATUTES RELATING TO CITY. LOCAL 1 M PKOVEMENTS— SPECIAL ASSESSMENTS AND SPECIAL TAXATION. AN ACT concerning local improvements. [Approved June 14, 1897. In force July 1, 1897. As amended by act approved April 19, 1899. In force July 1, 1899. As amended by act approved .and in force May 9, 1901.] Note 1 .— The headnotes herein contained are a part of the act, and not the work of the editor. No ie 2. - While the editor has in some instances inserted words or letters in [ ] to make the act read as he thinks was intended by the legislature, he has not assumed to reform its grammar. 507. Powers conferred.] § 1 . Be it enacted by the People of the State of Illinois , represented in the General Assembly. That the corporate authorities of cities, villages and incorporated towns are hereby vested with the power to make such local im- provements as are authorized by law, by special assessment, or by special taxation, of contiguous property, or by general taxa- tion, or otherwise, as they shall by ordinance prescribe : Provided , That thi^ act shall apply only to such cities and villages as are now, or shall hereafter become, incorporated under an act entitled “An act to provide for the incorporation of cities and villages,” approved April 10, 1872, in force July 1, 1872, and to all cities, villages and incorporated towns which have heretofore adopted article 9 of the act above mentioned, in the manner therein provided, or shall hereafter adopt this act, as herein provided; but all other * corporate authorities, having power to levy special assessments or special taxes for local im- provements, may make use of the provisions of this act for that purpose in the manner hereinafter provided. [See § 604. 508. Municipal officers in cities of 50,000 inhabitants and over.] 509. In cities having a population of less than 50,000.] § 3. In cities having a population of less than fifty thousand (50,000), ascertained as aforesaid, and in villages and incor- porated towns, the city council or board of trustees may, in their discretion, provide by ordinance that the mayor or president, as the case may be, shall appoint and designate a superintendent of streets and a public engineer, which offices may be discontinued by ordinance, to take effect at the expiration of the then fiscal year, and no officer, filling any office so discontinued shall have any claim against such city, village or town for any compensation after such discontinuance. Vacancies therein shall be filled as LOCAL IMPROVEMENTS. 165 above provided. The compensation and term of office shall be ascertained as in the last paragraph. [As amended by an act approved and in force May 9, 1901. 510. Ordinance authorizing improvements — petition of pro- perty owners.] § 4. When any such city, town or village shall by ordinance provide for the making of any local improve- ment, it shall by the same ordinance prescribe whether the same shall be made by special assessment, or by special taxation of contiguous property, or general taxation, or both. But in cities, towns or villages having a population of less than fifty thousand, ascertained as aforesaid, no ordinance for making any local improvement to be paid by special assessment or by special tax- ation of contiguous property shall be adopted unless the owners of one-half of the property abutting on the line of the proposed improvement shall petition for the same: Provided that in cities, towns or villages of a population of 10,000 or under, no ordinance for making any improvement shall be adopted unless a majority of resident property owners affected by such im- provement shall petition for the same. [As amended by act ap- , proved April 19, 1899. In force July 1, 1899. L. 1899, p. 95. 511. Restriction on passage of ordinance.] § 5. No ordi- nance for any local improvements, to be paid wholly or in part by special assessment or special taxation, shall be considered or passed by the city council or board of trustees of any such city, village or town, unless the same shall first be recommended by the board of local improvements provided for by this act. 512. Board of local improvements.] § 6. In cities within the terms of this act, having a population of one hundred thou- sand (100,000) or more, by the last preceding census of the United States, or of this State, there is hereby created a board of local improvements, consisting of the superintendent of special assessments and four other members; such four other mem- bers shall be nominated by the mayor and shall be confirmed by the council or board of trustees of such city; and no one of which, except such superintendent of special assessments, shall be the head of any department of the government of such city or hold any other office or position therein. Said board shall elect from its members a president, a vice-president and an as- STATUTES RELATING TO CITY. 1GG sistant secretary. The superintendent of special assessments shall be ex-ofjicia secretary of the board. In the absence or the inability of the president and the secretary to act, the vice- president for the president, and the assistant secretary for the secretary, are hereby given full power to sign and execute con- tracts, vouchers, bonds, pay-rolls and all other papers, docu- ments, and instruments necessary to carry this act and all pro- ceedings hereunder into full force and effect. Said board shall hold daily sessions for the transaction of all business in rooms accessible to the public, to be provided by the city council. The city couucil or board of trustees of such city shall pro- vide for salaries for said board of local improvements. In cities within the terms of this act having a population of more than fifty thousand (50,000) and less than one hundred thousand (100,000), by the last preceding census of the United States, or of this State, there is hereby created a board of local improvements, consisting of five members, of which board the commissioner of public works shall be the president. The other members of said board shall be the superintendent of streets, the superintendent of sewers, the superintendent of special as- sessments and the city engineer. In cities having a population of less than fifty thousand (50,000), and in villages and incorporated towns, the board of local improvements shall consist of the mayor of said city, or the president of such village or town, who shall be president of such board, and the public engineer and the superintendent of streets of such municipality, where such officers shall be provided for by ordinance; but, if at any time, no such officers shall be provided for, then the city council or the board of trustees, as the case may be, shall by ordinance designate two or more members of such body, who shall, with such mayor or president of such village or town, until otherwise provided by ordinance, constitute the members- of the board. 513. Proceedings preliminary to public hearing.] § 7. All ordinances for local improvement to be paid for wholly or in part by special assessment or special taxation shall originate with the board of local improvements. Petitions for any such public improvement shall be addressed to said board. Said LOCAL IMPROVEMENTS. 167 board shall have the power to originate a scheme for any local improvement to be paid for by special assessment or special tax, either with or without a petition, and in either case shall adopt a resolution describing the proposed improvement, which resolution shall be at once transcribed into the records of the board. Whenever the proposed improvement will require that private property be taken or damaged, such resolution shall describe the property proposed to be taken for that purpose. Said board shall, by the same resolution, fix a day and hour for the public consideration thereof, which shall not be less than ten days after the adoption of such resolution. Said board shall also cause an estimate of the costs of such improvement (omitting land to be acquired) to he made in writing by the engineer of the board (if there be one, if not, then by the president) over his signa- ture, which shall be itemized to the satisfaction of said board and which shall be made a part of the record of such resolution. Notice of the time and place of such public consideration or hearing shall be sent b}^ mail directed to the person who paid the general taxes for the last preceding year on.each lot, block, tract or parcel of land fronting on the proposed improvement, not less than five (5) days prior to the time set for such pub- lic hearing. Said notice shall contain the substance of the resolution adopted by the board and the estimate of the cost of the proposed improvement, and a notification that the extent, nature, kind, character and estimated cost of such proposed im- provement may be changed by said board at the public consid- eration thereof, and that if upon such hearing the board shall deem such improvement desirable, it shall adopt a resolution therefor and prepare and submit an ordinance therefor as here- inafter provided. Provided , however , that in proceedings only for the laying, building, constructing or renewing of any sidewalk, water service pipe or house drain, no resolution, • public hearing or preliminary proceedings leading up to the same shall be neces- sar}L In such proceedings the board may submit to the city council or board of trustees, as the case may be, an ordinance, together with its recommendation, and the estimated cost of the improvement, as made by the engineer, as herein provided, STATUTES RELATING TO CITY. 108 and such proceedings, shall have the same force and effect as though a public hearing had been had thereon. 514. Public hearing.] § 8. At the time and place fixed in said notice for the public hearing, the said board shall meet and hear the representations of any person desiring to be heard on the subject of the necessity for the proposed improvement, the nature thereof, or the cost as estimated. In case any per- son shall appear to object to the proposed improvement or any of the elements thereof, said board shall adopt a new resolution abandoning the said proposed scheme, or adhering thereto, or changing, altering or modifying the extent, nature, kind, character and estimated cost, provided such change shall not increase the estimated cost of the improvement to exceed twenty (20) per centum of the same, without a further pub- lic hearing thereon, as it shall consider most desirable; and thereupon, if the said proposed improvement be not abandoned, the said board shall cause an ordinance to be prepared therefor, to be submitted to the council or . board of trustees (as the case may be). Such ordinance shall prescribe the nature, character, locality and description of such improvement, and shall pro- vide whether the same shall be made wholly or in part by spe- cial assessment, or special taxation of contiguous property; and if in part only, shall so state. If property is to be taken or damaged for said improvement, such ordinance shall describe the same with reasonable certainty. In cities of 100,000 inhabitants or over, when a remonstrance petition is filed by the owners of a majority of the frontage on the line of the proposed improvement with the board of local improvements within thirty (30) days after the public hearing thereon, said board shall thereupon stay all proceedings threin for one year from said date. The remonstrance above referred to to be filed with the board shall contain the signatures of the owners or legal representa- tives, the description of the property owned- or represented, the number of feet so owned or represented, and shall be verified by affidavit of one or more property owners fronting on the line of the proposed improvement, setting forth that the party mak- ing the affidavit is a property owner fronting on the proposed improvement, and that the parties who signed the same are the LOCAL IMPROVEMENTS. 169 owners or legal representatives of the property described therein. 515. Recommendation by board.] § 9. With any such ordinance, presented by such board to the city council or board of trustees, shall be presented also a recommendation of such improvement by the said board, signed by at least a ma- jority of the members thereof. The recommendation by said board, shall be prima facie evidence that all the preliminary re- quirements of the law have been complied with, and if a variance be shown on the proceedings in the court, it shall not affect the validity of the proceedings, unless the court shall deem the same wilful or substantial. 516. Estimate of cost.] § 10. Together with the said ordi- nance and recommendation shall be presented to the city coun- cil or board of trustees an estimate of the cost of such improve- ment, as originally contemplated, or as changed, altered or modified at the public hearing, itemized so far as the board of local improvements shall think necessary, over the signature of the engineer of the board, if there be one ; if not, then of the president of said board, who shall certify that, in his opinion, the said estimate does not exceed the probable cost of the im- provement proposed and the lawful expenses attending the same. The recommendation by said board shall be prima facie evidence presumed to be based upon a full compliance with the requirements of the act. [As amended by act approved and in force May 9, 1901. 517. Publication of ordinance.] § 11. Upon the presenta- tion to the common council or board of trustees of such pro- posed ordinance, together with such recommendation and esti- mate, if the said estimate of cost shall exceed the sum of one hundred thousand dollars ($100,000), (exclusive of the amount to be paid for land to be taken or damaged), such ordinance shall be referred to the proper committee, and published in the proceedings of the council or board of trustees, in the usual way, in full, with the recommendation and estimates, at least one week before any action shall be taken thereon by the coun- cil or board of trustees. 518. When property is taken. ] § 12. Should such an or di- nance provide for improvements which require the taking or 170 STATUTES RELATING TO CITY. damaging of property, the proceeding for making just com- pensation therefor shall be as described in sections 13 to 33, inclusive, in this act. 519. Petition.] § 13. Whenever any such ordinance shall be passed by the legislative authority of any such city, village or town, for the making of any local improvement that such city, village or town is authorized to make, to be paid for wholly or in part by special assessment, or by special taxation, the making of which will require that private property be taken or damaged for public use, such city or village shall, either in such ordinance or by subsequent order, designate some officer to file a petition in some court of record of the county in which such city, village or town is situated in the name of the mu- nicipality, praying that steps may be taken to ascertain the just compensation to be made for private property to be taken or damaged for the improvement or purpose specified in such ordinance, and to ascertain what property will be benefited by such improvement, and the amount of such benefit. 520. Contents of petition — commissioners.] § 14. Such petition shall contain a reasonably accurate description of lots, blocks, tracts and parcels of land which shall be taken or dam- aged. There shall be filed with or attached to such petition a copy of said ordinance, certified by the clerk, under the corporate seal, but the failure to file such copy shall not affect the juris- diction of the court to proceed in said cause, and to act upon said petition; but if it shall appear in any such cause that a copy of the ordinance has not been attached to ' or filed with said petition before the report of the commissioners shall be filed, as provided in section .fifteen, then, upon motion of any person whose real estate is to be taken, or to be assessed, the entire petition and proceedings shall be dismissed. Upon the filing of the petition the court shall enter an order designating two competent persons as’ commissioners, to act with the super- intendent of special assessments (where such officer is pro- vided for by this act, and in other cases the president of said board of local improvements), who shall investigate and re- port to the court the just compensation to be made to the re- spective owners of private property which will be taken or damaged for the said improvement, and also what real estate LOCAL IMPROVEMENTS. 171 will be benefited by such improvement, and the amount of such benefits to each parcel. Neither shall be employes of the pe- titioning municipality, and both shall be disinterested persons. They shall be allowed a fee for their services, which shall be fixed by the court in advance and taxed as costs, and included in the amount to be assessed. The amount so allowed may be taxed as costs, and included in the amount to be assessed. The amount so allowed may be reviewed by the court on motion. Said three commissioners shall be duly sworn to- make a true and just assessment of the cost of said improvement, accord- ing to law. The concurrence of any two in N a report shall be sufficient. 521. Commissioners’ report.] § 15. Such commissioners shall thereupon make such investigation, and prepare and file in court their report accordingly, in and by which report they shall, in one column, describe the respective parcels of prop- erty to be taken or damaged for such improvement; in another column the respective owners of record of the said parcels of land, the name and residence of each such owner being set opposite his own propert}^; in another column the name and residence of the occupant, where the property is occupied, so far as known to such commissioners or can be found upon dili- gent inquiry; in another column the amount of the value of each piece or parcel to be taken for such improvement, setting the same opposite the property to which it relates; and in another column the amount of damages, if any, which in their opinion, will result to any piece or parcel of land not taken, by reason of the said improvement, describing each piece or parcel so damaged by a reasonably accurate description; said commissioners shall further estimate and report what proportion of the total cost of such improvement (including therein their estimate of value and damages, and the estimate of cost) will be of benefit to the .public, and what proportion thereof will be of benefit to the property, and shall apportion the same between the munici- pality and such property so that each shall bear its relative equitable proportion; and having found said amounts, shall further report what lots, blocks, tracts and parcels of land will be specially benefited by the said improvement, and shall de- scribe the same by a reasonably accurate description, and shall 172 STATUTES RELATING TO CITY. apportion and assess the amount so found to be of benefit to the property upon the several lots, blocks, tracts and parcels of land in the proportion in which they will be severally bene- fited by said improvement: Provided, that no lot,/ block, tract or parcel of land shall be assessed a greater amount than it will be actually benefited. 522. Net damages or benefit.] § 16. If the amount awarded to any person for property taken or damaged for such improvement be greater than the amount' assessed against the property for such improvement, or if the benefit be greater than the damage, in cither case the difference only shall be collectible of the owner or be paid to him. [As amended by act approved and in force May 1), 1901. 523. Offset for land donated.] § 17. In the assessment of damages and benefits for the opening of any street or alley it shall be lawful for such commissioner [s], in making such as- sessment, where part of the land to be laid out into such street or alley has been theretofore donated by any person or persons for such street or alley, to appraise the value of the land so donated, and to apply the value thereof, so far as the amount so appraised shall go, as an offset to the benefits assessed against the person or persons making such donation, or parties claim- ing under them, but nothing herein contained shall authorize any person or persons by whom such donation is made to claim from the city, village or town, the amount of such appraise- ment, except as an offset, as herein provided; and where the assessment is only for the widening of any street which may have been theretofore donated, either in whole or in part, to the public by the proprietors of the adjoining land, it shall also be lawful for said commissioners, in their discretion, to make such allowance therefor in their assessment of benefits as shall seem to them equitable and just; but in either such case they shall state in their report the amount of such allow- ance, and the same shall be subject to review, as the court shall direct. .524. Commissioners’ certificate.] § 18. Such commission- ers shall return their said report to the court in which said petition was filed, and file the same with the clerk thereof, with their certificate, duly verified, stating in substance that they have LOCAL IMPROVEMENTS. 173 carefully examined the questions referred to in their report, and that in their opinion the amounts awarded for damages and value therein, and the assessment district therein shown, and the respective amounts assessed against the private prop- erty, and also the apportionment of the cost of said improve- ment between the public and the private property assessed, and the allowance for property theretofore dedicated, if any, are correct, equitable and just. The return and filing of such re- port shall be deemed an application by the petitioner for judg- ment of condemnation of the property so to be taken or dam- aged, and for a confirmation of the said assessment of benefit. 525. Affidavit of ownership.] § 19. The superintendent of special assessments, or president of the board of local im- provements (as the case may be) shall file with said report an affidavit made by himself, or by some employe of his office, that the affiiant has carefully examined the records in the re- corder’s office of the said county for the names of the owners of record of the several lots, blocks, tracts and parcels of land to be taken or damaged for said improvement, and also for the names of the owners of record of the respective lots, blocks, tracts and parcels of land against which benefits are assessed in said report and that the names of such owners are correctly shown in the column or schedule of ownership in said report; also, that he has diligently inquired as to the residence of the respective owners of property to be taken or damaged for said improvement, and of all the respective lots, blocks, tracts and parcels of land against which benefits are assessed in said re- port, that the names of such owners are correctly shown in the column or schedule of ownership in said report; also, that he has diligently inquired as to the residence of the respective owners of property to be taken or damaged for said improve- ment and of all the respective lots, blocks, tracts and parcels of land against which benefits have been assessed in said re- port (specifying the nature of the inquiry and examination he. has made for that purpose), and that the residences of the said owners are correctly stated, according to the result of his said examination, in the column or schedule of residences in said report; also, that in all cases where he has been unable to find the residence of the owner of such record title, he has ex- 174 STATUTES RELATING TO CITY. amined the return of the collector’s warrant for taxes on real estate for the preceding year, and has set opposite each such parcel, whose owner has not been found, the name of the per- son who paid the tax on said parcel for the preceding year, to- gether with his place of residence, wherever, on diligent in- quiry, he was able to find the same. Said affidavit, or an affidavit filed therewith, shall further state that the affiant has visited each of the parcels of land to be taken or damaged for said improvement, described in said report, for the purpose of ascertaining whether or not the same was occupied, and the name and residence of the occupant, if any; and that in every case where said parcels of land were found to be occupied, upon such investigation, the name of the occu- pant is stated in said report opposite such parcel, together with his residence when ascertained. Such affidavit and report shall be prima facie evidence that the requirements of this act have been complied with. 526. Jurisdiction of defendants.] § 20. Every person who shall be named in said report as an owner of property to be taken or damaged for the said improvement, and every per- son who shall be therein named as an occupant of any parcel thereof, shall be made a party defendant in said proceeding. All other persons having or claiming interests in any of said premises shall be described and designated as “all whom it may concern,” and by that description shall be made defend- ants. Upon the filing of the report aforesaid, a summons, which may be made returnable upon any day in term time, not less than fifteen (15) days after its date, shall be issued and served upon the persons made party defendants, as in cases in chancery. But if service of such summons shall be had less than ten days before said return day, no steps shall be taken in said matter against the defendant so served, or his property, before the first day of the next term of said court which shall occur ten days or more after such service. And as to such of said defendants as are shown by said affidavit to be non-residents of the State of Illinois, or whose residences are shown thereby to be unknown, and the defendants desig- nated as “all whom it may concern,” the clerk of the court shall cause publication to be made in some newspaper designated LOCAL IMPROVEMENTS. 175 by the court for that purpose by an order to be entered of record in the cause, containing notice of the pendency of such proceedings, the parties thereto, the title of the court, the time and the place of the return of the summons in the case, the description of the property to be taken or damaged, the total cost of the improvement as shown by the estimate and report, and the nature of the proceeding; such notice shall further state that a special assessment has been made to raise the cost of said improvement, and the time and place of filing the report thereof; such publication to be made four weeks, consecutively, at least once in each week, the first of which shall be at least thirty days before the return day of such summons. A similar notice shall be posted for ten days before such re- turn day in two public places in the vicinity of said improve- ment. 527. Mailing notice to owners.] § 21. Where the resi- dence of any defendant named in said report is shown thereby to be outside of the State of Illinois, and such residence is stated therein, a copy of the said notice shall be sent by mail to such party, at the address so given, at least fifteen days prior to the return day of the said summons. If the residence of any defendant shall be found to be unknown, as shown by the said report and affidavit, a similar notice shall be sent to the person last paying taxes upon such premises, if his residence be stated in such report. Such service, publication and no- tices shall be sufficient to give the court jurisdiction of all the parties whose lands are to be taken or damaged, so as to de- termine all questions relating to said proceeding, and affecting the lands described in the report. 528. Mailing notices to parties assessed.] § 22. There shall be sent by mail, post paid, to each person whose prop- erty has been assessed for benefits in said proceeding (not be- ing owners of property taken or damaged therefor), di- rected to the address as shown in said report, or where not so shown, then generally to the citjq village or town in which said improvement is to be made, at least fifteen days before the said return day, a notice stating the nature of said im- provement, the description of such owner’s -propertv assessed therefor, the amount of such assessment, and the date when 1 76 STATUTES RELATING TO CITY. the summons in said cause will be returnable, and when ob- jections thereto may be tiled. An affidavit of one of the com- missioners, or some other person, showing such service, mail- ing, posting and publication, shall be prima facie evidence of a compliance with all the requirements thereof; but the pub- lication may be proved in any other manner provided by law. 529. Trials. § 23. Upon the return of said summons, or as soon thereafter as the business of the court will permit, the court shall proceed to a hearing 6f the said cause, and shall im- panel a jury to ascertain the just compensation to be paid to all such owners of property to be taken or damaged; and if objections shall be filed to the confirmation of the assessment of benefits, such objections shall be submitted to the same jury at the same time; and thereupon such jury shall ascer- tain the just compensation to be paid to the owner of each lot, block, tract or parcel of land to be taken or damgaed in said proceeding, and shall also determine whether or not any lot, piece or parcel of land assessed in said proceeding, for which objections have been filed, has been assessed more than it will be benefited by said improvement, and on such hearing the report of the officer, so returned an£ filed as aforesaid, shall be prima facie evidence, both of the amount of the compensation to be awarded, and of the benefits to be assessed. 530. Separate trials.] § 24. If, however, any defendant or party interested shall demand, and if the court shall deem it proper, separate juries may be impaneled, either as to the benefits assessed, or as to the compensation or damages to be paid to any one or more of such defendants or parties in in- terest. 531. View by the jury.] § 25. The court may, upon the motion of the petitioner, or of any person claiming any such compensation, direct that the jury (under the charge of an officer) shall view the premises which it is claimed by any party to said proceeding will be taken or damaged by said improve- ment, 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 the com- pensation or damage to be paid for the property or part of LOCAL IMPROVEMENTS. 177 property to be taken or damaged, and for the entire interests therein. 532. Adjournments.] § 26. Upon the return of such ver- dict, the court shall order the same to be recorded, and shall enter such judgment or decree thereon as the nature of the case may require. The court shall continue or adjourn the cause from time to time, as to all occupants and owners named in such petition who shall not have been served with process, or brought in by notice or by publication, and shall order a new summons to issue and publication to be made, and upon such occupants or owners being brought into court, shall impanel a jury to ascertain the compensation so to be paid to such de- fendant or defendants for private property taken or damaged, and the amount of benefits to be assessed against them, if any; and like proceedings shall be had for such purpose as here- inbefore provided in the case of other owners; but no final judgment shall be entered as to any of the property embraced in said roll until all the issues in the case have been disposed of, including revised or recast rolls, if any. 533. Where title has changed.] § 27. The court shall have power, at any time, upon proof that such owner named in such petition, who has not been served with process, has ceased to be such, owner since the filing of such petition, to impanel a jury and ascertain the just compensation to be made for the property (or damage thereto) which has been owned by the person so ceasing to own the same, and benefits thereto; and the court may, upon any finding or findings of the jury, 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. 534. Adverse claimants.] § 28. 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 require the jury to ascertain the entire compensation or damage that should be paid for the property, or part of the property, and the entire interests of all parties therein, and may require adverse claim- ants to interplead, so as to fully determine their rights and in- 178 STATUTES RELATING TO CITY. tcrests 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. 535. Infant or insane owners.] § 29. When it shall ap- pear 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 defend the interest of such infant or insane or distracted person, in such property, or the compensation which shall be awarded therefor. 536. Effect of judgment.] § 30. Any final judgment or judgments, rendered by said court, upon any finding or find- ings of any jury or juries, shall be a lawful and sufficient con- demnation of the land or property to be taken, upon the pay- ment of the net amount of such finding, as hereinafter pro- vided. It shall be final and conclusive as to the damages and benefits caused by such improvement, unless such judgment or judgments shall be appealed from; but no appeal or writ of error upon the same shall delay proceedings under said or- dinance, if the petitioner shall deposit, as directed by the court, the amount of judgment and costs, after deducting the benefits assessed and adjudged against such property, if any, and shall file a bond in 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 for the property in question, and costs. 537. Order for possession.] § 31. The court, upon proof that the amount of said just compensation, so found by the jury (in excess of the benefits so assessed and adjudged against the same property), has been paid to the person entitled thereto, or has been deposited as directed by the court (and bond given, in case of an appeal or writ of error), shall enter an order that the petitioner shall have the right, at any time thereafter, to take possession of or damage the property, in respect to which compensation shall have been so paid or deposited as afore- said. Such order shall not be appealable as a separate order, LOCAL IMPROVEMENTS. 179 if the same be entered in time to be made a part of the record on appeal or writ of error from the judgment, or before the cause is taken under advisement upon hearing by the Supreme Court, but may be reviewed upon appeal or writ of error from the judgment. 538. Proceedings pending appeal.] § 32. Upon the re- turn of .a verdict in a proceeding to acquire property for a pub- lic improvement, if no motion for a new trial be made, or if made, then if overruled, the petitioner shall within ninety days after final judgment as to all defendants, both as to the amount of damages and compensation to be awarded and ben- efits to be assessed, elect whether it will dismiss said proceed- ing or enter judgment in [on] said verdict. If it shall elect to enter such judgment, it shall become thereby bound and liable to pay the amount thereof, whether such assessment be collected or not, and such judgment or condemnation shall not be conditional. Petitioner shall not thereafter be per- mitted to withdraw from such proceeding, or to dismiss the same, without the consent of all parties whose land is thereby condemned, except as hereinafter provided. In case an ap- peal or writ of error be taken by either party from the judg- ment of condemnation or confirmation, then unless the peti- tioner shall file in the cause its written election to proceed with the improvement, notwithstanding the appeal, no steps shall be taken to collect the assessment, nor to compel payment of the compensation awarded, until said appeal or writ of error be disposed of and final judgment entered in the cause; or in case of reversal, until a new trial and judgment; but in case of final reversal petitioner may still elect to abandon the proceeding: Provided, the same be done within sixty (60) days thereafter. 539. Filing roll — commissioners — deficiency — revised assess- ment roll — notice.] § 33. If, in any case, upon the filing of the roll by the commissioners, it shall appear that the amount assessed as benefits is not sufficient to pay the awards, with the costs; or if, upon the disposition of the whole case, any such deficiency shall appear, the court may, on the application of the petitioner, cause the roll to be again referred to the same or other commissioners, to be recast ; and in such cases said com- 180 STATUTES RELATING TO CITY missi oners shall consider and report whether or not other premises will be benefited by said improvement, or whether or not the premises already assessed will be benefited thereby in any greater amount, and in what amount, if any; and shall •make and return a revised assessment roll, and the same may be done from time to time, as often as any deficiency shall appear. But no lot, block, tract or parcel of land shall be assessed more than it will be benefited by said improvement, nor more than its proportionate share of the costs of the im- provement. If any premises not already described in said roll shall be assessed by the commissioners, the owners thereof shall be shown, a [aid] notice given as for an original assessment ; and if the assessment on any premises previously assessed shall be increased thereby, or if any property shall be newly as- sessed, the owner thereof, if not already represented in court, shall be notified in like manner, and a hearing shall be had as above provided. 540. Improvements requested by majority of frontage — side- walks.] § 34. Whenever the owners of one-half of the pro- perty abutting on any street, alley, park or public place, or portion thereof, shall petition for any local improvement thereon, the board of local improvements in any city, village or town shall take the steps hereinbefore required for a hear- ing thereon, but at such hearing shall consider only the na- ture of the proposed improvement and the cost thereof, and shall determine, in the manner above provided, the nature of the improvement which it will recommend, and shall there- upon prepare and transmit to the legislative body a draft of an ordinance therefor, together with an estimate of the cost, as above described, and shall recommend the passage thereof, which recommendation shall be prima facie evidence that all the preliminary steps required by law have been taken; and thereupon it shall be the duty of such legislative body to pass an ordinance for the said improvement and take the necessary steps to have the same carried into effect. Whenever any or- dinance 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 forty (40)* days after the time at which said ordinance shall take effect in which to LOCAL IMPROVEMENTS. 181 build or renew such sidewalk opposite to his land, and thereby relieve the same from assessment: Provided, the work so to be done shall in all respects conform to the requirements of such ordinance. .Notice of the passage of such ordinance shall be sent by mail within ten days after such passage to the person who paid the taxes on said premises for the preceding year, if he or they can be found in said county, and also a like notice addressed to the “occupant” of said property, if the same.be at such time actually occupied, and an affidavit of such service shall be filed with the official report of such assessment. Such affidavit shall be prima facie evidence of a compliance with said requirements. [As amended by act approved and in force May 9, 1901. 541. Special tax.] § 35. When the ordinance under which a local improvement shall be ordered shall provide that such improvements shall be made whooly [wholly] or in part by special taxation of contiguous property, such special tax shall be levied, assessed and collected, as nearly as may be, in the manner provided in the section of this act providing for the mode of making, assessing and collecting special assessments; . Provided , that no special tax shall be levied or assessed upon any property to pay for any local improvement in an amount in excess of the special benefit which, such property shall re- ceive from such improvement. Such ordinance shall not be deemed conclusive of such benefit, but the question of such benefit and of the amount of such special tax shall be subject to the review and determination of the court, and be tried in the same manner as in proceedings by special assessment. 542. Special assessment.] § 36. When the ordinance under which a local improvement is ordered to be made, con- taining no provisions for the condemnation of private prop- erty therefor, shall provide that such improvement shall be wholly or in part paid for by special assessment, the proceed- ings for the making of such assessment shall be in accordance with the following provisions of this act. 543. Jurisdiction of courts.] § 37. Upon the passage of any ordinance for a local improvement pursuant thereto, it shall be the duty of the officer specified therein, to file a peti- 182 STATUTES RELATING TO CITY. lion in some court of record in said county, in the name of such municipality, praying that steps [may] be taken to levy a special assessment for th'c said improvement, in accordance with the provisions of the said ordinance. The several cir- cuit and county courts of this State, and the Superior Court of Cook county, shall have jurisdiction of any proceeding under this act. There shall be attached to or filed with such petition a copy of the said ordinance, certified by the clerk, under corporate seal; also a copy of the recommendation of the board of local improvements, and of the estimate of the cost, as approved by the legislative body. The failure to file any, or cither of said copies shall not affect the jurisdiction of the court to proceed in said cause, .and to act upon said pe- tition; but if it shall appear in any such cause that such copies have not been attached to or filed with said petition before the filing of the assessment roll therein, then, upon motion of any objector for that purpose, on or before appearance day in said cause, the entire petition and proceeding shall be dismissed. 544. Order for assessment.] § 38. Upon the filing of such petition, the superintendent of special assessments, in cities where such officer is provided for by this act, otherwise some competent person appointed by the president of the board of local improvements, shall make a true and impartial assess- ment of the cost of the said improvement upon the petition- ing municipality and the property benefited by such improve- ment. 545. Apportionment of cost.] § 39. It shall be the duty of such officer 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 to apportion the same between the city, village or town and such property, so that each shall bear its relative- equitable proportion; and having found such amounts, to ap- portion and assess the amount so found to be of benefit to the property upon the several lots, blocks, tracts and parcels of land in the proportion in which they will be severally bene- . filed by such improvement: Provided , that no lot, block, tract or parcel of land shall be assessed a greater amount than it will be actuality benefited; and when the proposed im- LOCAL IMPROVEMENTS. 183 provement is for the construction of a sewer, to investigate and report the district which will be benefited by such pro- posed sewer, describing the same by boundaries. [As amended by act approved and in force May 9, 1901. 546 . Description of property assessed.] § 40. In levying any special assessment or special tax, each lot, block, tract or parcel of land shall be assessed separately, in the same man- ner as upon assessment for general taxation: Provided , that this requirement shall not apply to the property of railroad companies, or the right of way and franchise of street rail- way companies, but the same may be described in any man- ner sufficient to reasonably identify the property intended to be assessed. 547 . Assessment roll — notices.] § 41. The assessment roll shall contain a list of all the lots, blocks, tracts and parcels of land assessed for the proposed improvement, the amount as- sessed against each, the name of the person who paid the taxes on each such parcel during the last preceding calendar year in which taxes were paid, as ascertained upon investigation by the officer making the return, or under his direction, the residence of the person so paying the taxes on each such par- cel if the same can on diligent inquiry be found; in case of assessment in installments, the amount of each installment shall also be stated ; and the officer making such roll shall cer- tify under oath that he verily believes that the amounts as- sessed against the public and each parcel of property are just and equitable, and do not exceed the benefit which will in each case be derived from said improvement, and that no lot, block, tract or parcel of land has been assessed more than its propor- tionate share of the cost of said improvement. Several lots, or parts of land, owned and improved as one parcel, may be assessed as one parcel. Unsubdivided tracts of land may, for the purpose of spreading assessments for house drains and water service pipes, be divided into lots of a frontage of twenty- five (25) feet each; and any fraction of frontage then remain- ing may be assessed as a fractional lot. Notice shall be given of the nature of the improvement, of the pendency of said proceeding, of the time and place of fil- ing the petition therefor, of the time and place of filing the 184 STATUTES RELATING TO CITY. assessment roll therein, and of the time and place at which application will be made for confirmation of the assessment, . the same to be not less than fifteen (15) days after the mail- ing of such notices. Such notices shall be sent by mail post- paid to each of the said persons paying the taxes on the re- spective parcels during the last preceding year in which taxes were paid, at his residence as shown in the assessment roll, or, if not shown, then to such person so paying the taxes, di- rected generally to the city, village or town in which said im- provement is proposed to be made. Such notice shall state the amount assessed to the person to whom the same is directed for the improvement proposed, the total amount of the cost of said improvement, and the total amount assessed as benefits upon the public. An affidavit shall be filed before the final hearing showing a compliance with the requirements of this section, and also showing that the affiant (either the officer making the said return, or some one acting under his direction), made a careful examination of the collector’s books showing the payments of general taxes during the last preceding year in which the taxes were paid thereon, to ascertain the person or persons who last paid the taxes on said respective parcels, and a diligent search for their residences, and that the report correctly states the same as' ascertained by the affiant; and said report and affidavit shall be conclusive evidence, for the purpose of said proceeding, of the correctness of the assessment roll in said particulars; but in case the said affidavit shall be found in any respect wil- fully false, the person making the same shall be deemed guilty of perjury and subject to the pains and penalties provided for such offense by the laws of this State. [As amended by act approved and in force May 9, 1901. 548. Division of assessment into installments — payment of it — interest.] § 42. It shall be lawful to provide by the ordi- nance for any local improvement,, any portion of the cost of which is to be defrayed by special assessment or special taxa- tion, or by ordinance passed at any time before the confirma- tion of the assessment roll, that the aggregate amount as- sessed, and also each individual assessment, be divided into installments, not more than ten (10) in number. In all cases LOCAL IMPROVEMENTS. .185 such division shall be so made that all installments shall be equal in amount, except that all fractional amounts shall be added to the first installment, so as to leave the remaining in- stallments of the aggregate equal in amount and each a mul- tiple of one hundred dollars ($100). The first installment shall be due and payable on. the second day of January next after the completion and acceptance of the work as certified b} T the board of local improvements to the officer authorized to collect the assessments, and the second installment one (1) year thereafter, and so on annually until all installments are paid. All installments, except the first, shall bear interest as here- inafter provided until paid, at the rate of five (5) per centum per annum. Interest on assessments shall begin to run from the date of the first voucher issued on account of work done, as certified by said board of local improvements to the city council or 'board of trustees (as the case may be) and to the clerk of the court in which such assessment was confirmed. The interest on each installment, except the first, shall be payable as follows: On the second day of January next suc- ceeding the date of said completion and acceptance of the work certified as aforesaid, the interest accrued up to that time on all unpaid installments shall be due and payable and be collected with the installment, and thereafter the interest on all unpaid installments, then payable, shall be payable annually, and be due and payable at the same time as the installments maturing in such year and be collected therewith. In all cases it shall be the duty of the municipal collectors, as the case may be, whenever payment is made of any installment, to collect interest thereon up to the date of such payment, whether such payment be made at or after maturity. Any person may at any time pay the whole assessment against any lot, piece or parcel of land, or any installment thereof, with interest as provided herein up to the date of pay- ment. [As amended by act approved and in force May 9, 1901. 549. Retirement of bonds annually.] § 43. On or before January tenth of each year the treasurer of the municipality —8 STATUTES RELATING TO CITY. 180 issuing such bonds, or some other officer designated by ordi- nance for that purpose, shall ascertain the amount of such assessment collected and applicable to the payment of bonds ol‘ each series unmatured, and shall select by lot bonds of series, to such amount, to be paid therewith, and shall give notice in some newspaper published in such municipality (or if none be so published, then in the nearest newspaper), of the number of bonds to be so paid, the scries thereof, the assessment to which they relate, and the particular bonds so selected to be paid, and that the same will be paid, at a place to be specified on the tenth day of February next following. And, thereupon, from and after said tenth day of February, said bonds shall be payable, at the place so appointed, on demand, and no further interest shall accrue thereon. 550. Notice by posting and publication.] § 44. Petitioner shall, in addition to other notices hereinbefore provided for, cause at least fifteen (15) days’ notice to be given prior to the time at which confirmation of said assessment shall be sought by posting notices in at least four public places in such city or village, all of which shall be in the neighborhood of such proposed improvement, and by publishing the same at least five successive days in some daily newspaper of said city, vil- lage or town; or, if no daily newspaper is published in such cit} r , village or town, and a weekly pa,per is published therein, then at least once in each week for two successive weeks in some weekly newspaper; or if no daily nor weekly newspaper is published in such city, village or town, then at least once in each week for two successive weeks in some other newspaper published in the county in which said city, village or town is situated. Where other corporate authorities having power to make use of the provisions of this act shall do so, the notice may be published in any daily or weekly newspaper in the county in which such proceeding shall be had. The notice shall be over the name of the officer levying such assessment, and be substantially as follows : “Special Assessment Notice/' “Notice is hereby given to all persons interested that the city council (or board of trustees, or other corporate authorities, as the case may be) of having ordered that (here LOCAL IMPROVEMENTS. 187 insert a brief description of the nature of the improvement), the ordinance for the same being on file in the office of the clerk, having applied to the court of county for an assessment of the costs of said improvement, according to benefits, and an assessment therefor having been made and returned to said court, the final hearing thereon will be had on the day of A. D. 190. ., or as soon thereafter as the business of the court will permit. All persons desiring may file objections in said court before said day, and may appear on the hearing and make their defense.” (Here give date.) Where the assessment is payable in installments, the number of installments and the rate of interest shall also be stated. [As amended by act approved and in force May 9, 1901. 551. Continuance for notice.] § 45. If fifteen days shall not have elapsed between the first publication, or the putting up of such notice, and the day fixed in said notice for filing objections, said cause shall be continued until the next term of the court, at or prior to which time objections may be filed with the same effect as if within said fifteen days. 552. Objections.] § 46. Any person interested in any real estate to be affected by such assessment, may appear and file objections to such report, by the time mentioned in said notice, or in case of incomplete notice then as specified in the last pre- ceding section, or within such further time as the court may allow, and the court may make such order in regard to the time of filing such objections as may be made in cases at law in regard to filing pleas; but no prior rule need be taken there- for unless directed by the court. As to all lots, blocks, tracts and parcels of land, to the assessment of which objections arc not filed within the time aforesaid, or such other time as may be ordered by the court, default may be entered, and the assess- ment confirmed by the court, notwithstanding objections may be pending and undisposed of as to other property. 553. Review of assessment roll by the court.] § 47. Upon objection or motion for that purpose, the court in which said 188 STATUTES RELATING TO CITY. proceeding is pending may, in a summary way, inquire whether the officer making the report has omitted any property bene- fited; also whether or not the assessment, as made and returned, is an equitable and just distribution of the cost of said im- provement, first, between the public and the property; and second, among the parcels of property assessed. The court shall have the power, on such application being made, to revise and correct the assessment levied, to change or modify the dis- tribution of the total cost between the public and property benefited, and also to change the manner of distribution among the parcels of private property, so as to produce a just and equitable assessment, considering the nature of the property assessed, and its capacity for immediate use of the improve- ment when completed. The court may either make such cor- rections or changes, or determine in general the manner in which the same shall be made, and refer the assessment roll to the person filing the same for revision and correction. The determination of the court as to the correctness of the distribu- tion of the cost of the improvement between the public and the property to be assessed, shall be conclusive, and not sub- ject to review on appeal or writ of error. 554. Hearing of legal objections.] § 48. On the applica- tion of the petitioner, at any time after the return day, the court may set down all objections, except the objection that the property of the objector will not be benefited to the amount assessed against it, and that said property is assessed more than its proportionate share of the cost of such improvement, for a hearing at a time to be fixed by the court, and upon such hearing the court shall determine all questions relating to the sufficiency of the proceedings, the distribution of the cost of the improvement between the public and the property, and of the benefits between the different parcels of property assessed, together with all other questions arising in such proceeding, with the exception aforesaid, and shall thereupon enter an order in accordance with the conclusions it shall reach; but such order shall not be deemed a final disposition of any such questions for the purpose of appeal, unless objectors shall waive further controversy as to the remaining question upon the record. LOCAL IMPROVEMENTS. 189 555. Trial by jury.] § 49. If it be objectecUm the part of any property assessed for such improvement, that it will not be benefited thereby to the amount assessed thereon, and that it is assessed more than its proportionate share of the cost of such improvement, and a jury be not waived by agreement of parties, the court shall impanel a jury to try the said issue, and in such case, unless otherwise ordered by the court, all such objections shall be tried and disposed of before a single jury. The assessment roll, as returned by the officer making the same, or as revised and corrected by the court on the hear- ing of the legal objections, shall be prima facie evidence of the correctness of the amount assessed against each objecting owner, but shall not be counted as the testimony of any witness or witnesses in the cause. Either party may introduce such other evidence as may bear upon the said issue or issues. The hearing shall be conducted as in other cases at law, and if it shall appear that the premises of any objector are assessed more than they will be benefited by the said improvement or more than its proportionate share of the cost of such improve- ment, the jury shall so find, and shall also find the amount for which such premises ought to be assessed, and judgment shall be rendered accordingly. 556. Distribution of deficiency.] § 50. Wherever, on a hearing by the court, or before a jury, the amount of any assess- ment shall be rendered [reduced] or canceled, so that there shall be* a deficiency in the total amount regaining assessed in the proceeding, the court shall have the power, in the same pro- ceeding, to distribute such deficiency upon the other property in the district assessed, in such manner as the court shall find to be just and equitable, not exceeding, however, the amount it will be benefited by said improvement. In case any portion of such deficiency be charged against such property not repre- sented in court, a new notice, of the same nature as the original notice, shall be given in like manner as the original notice, to show the cause why the said assessment, as thus increased, should not be confirmed, and the owners of or parties interested in such property shall have the right to object in the same form and with the same effect as in case of the original assessment, and the court shall have the same power to dispose thereof. 190 STATUTES RELATING TO CITY. 557 . Precedence for trial.] § 51 . The hearing in all the cases arising under this act, if in the county court, may be had at either a law or a probate term of said court; and such pro- ceedings shall have precedence over all other cases in any court where the same shall be brought, except criminal cases, or other cases in which the public is a moving party. 558 . Modification by court.] § 52. The court before which any such proceedings may be pending shall have authority to modify, alter, change, annul or confirm any assessment re- turned as aforesaid, in addition to the authority already con- ferred upon it, and may take all such proceedings, and make all such orders, as may be necessary to make a true and just as- sessment of the* cost of such improvement, according to the principles of this act, and may from time to time, as may be necessary, continue the application for that purpose, as to the whole or any part of the premises. 559 . Land to be first acquired.] § 53. No special assess- ment or special tax shall be levied for any local improvement until' the land necessary therefor shall be acquired and in possession of the municipality, except in cases where proceed- ings to acquire such land shall have been begun, and proceeded to judgment. 560 . Prior improvement of same kind no objection.] § 54. It shall be no objection to the legality of any local improve- ment that a similar one shall have been previously made in the same locality, if the ordinance therefor be recommended by the board of local improvements, as above provided; but noth- ing herein contained shall be construed to interfere with any defense in said proceeding relating to the benefits received therefrom. 561 . Judgment on installment assessments.] § 55. In case of a special assessment or a special tax levied to be paid b}r installments, under the provisions of this Act, the order of confirmation that shall be entered upon the return of the assessment roll shall apply to all of the installments thereof, and may be entered in one order. 562 . Effect of judgment.] § 56. The judgments of the court shall be final as to all the issues involved, and the pro- LOCAL IMPROVEMENTS. 191 ceedings in said cause shall be subject to review by appeal or writ of error as hereinafter provided, and not otherwise : Provided , however , that by mutual consent the same may be vacated or modified at a subsequent term, except as hereinafter provided. Such judgments shall have the effect of several judgments as to each tract or parcel of land assessed, and no appeal from any such judgment or writ of error shall invalidate or delay the judgments, except as to the property concerning which the appeal or writ of error is taken. Such judgments shall be a lien upon the property assessed from the date thereof to the same extent and of equal force and validity as a lien for the general taxes, for a period of five years, if such assessment is payable in a single sum; if payable by installments, then until five years after the last installment comes due. Nothing in this section contained shall interfere with the right of the petitioner to dismiss its proceedings, and for that purpose to vacate such judgment at its election at any time before com- mencing the actual collection of such assessment, and no judg- ment entered in such proceeding so dismissed and vacated shall be a bar to another like or different improvement: Provided, that after the contract for the work shall have been entered into, or the bonds mentioned in this act issued, no judgment shall be vacated or modified or any petition dismissed at a term subsequent to that at which the judgment was rendered, nor the collection of the assessment be in any way stayed or delayed by the council or board of trustees, or board of local improvements, or any officer of the municipality, without the consent of the contractor and bondholder. [As amended by act approved and in force May 9, 1901. 563. Vacation of assessment — new assessment.] § 57. If any assessment shall be annulled by the city council or board of trustees, or set aside by any court, a new assessment may be made and returned, and like notice given and proceedings had as herein required in relation to the first; and all parties in interest shall have like rights, and the city council or board of trustees, and the court, shall perform like duties and have like power in relation to any subsequent assessment as are hereby given in relation to the first assessment. STATUTES RELATING TO CITY. 11)2 564. New assessment for completed work.] § 58. No special assessment shall be held void because levied for work already done under a prior ordinance, if it shall appear that such work was done in good faith, by the contract duly let and executed, pursuant to an ordinance providing that such improvement should be paid for by special assessment or spe- cial tax. This provision shall only apply when the prior or- dinance shall be held insufficient for the purpose of such as- sessment, or otherwise defective, so that the collection of the assessment therein provided for becomes impossible. A new or special ordinance shall in such case be passed, providing for such assessment, and such ordinance need not be presented by the board of local improvements. 565. Supplemental assessments — rebates.] § 59. 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. It shall be no objection to such assessment that the prior assessment has been levied, adju- dicated and collected, unless it shall appear that in such prior cause, upon proper issue made, it was specially found, in terms, that the property objected for would be benefited by said improvement no more than the amount assessed against it in such prior proceedings. If too large a sum shall at any time be raised, the excess shall be refunded ratably to those against whom the assesssment was made: Provided, however , the petitioner, in case it so elects, may dismiss the petition and vacate the judgment of confirmation, either at or after the term at which the judgment is rendered, and begin new proceedings for the same or a different improvement, as pro- vided in section 56 as herein amended. [As amended by act approved and in force May 9, 1901. 566. New assessment against delinquents.] § 60. If from any cause any city, village or town shall fail to collect the whole or any portion of any special assessment or special tax which may be levied, which shall not be canceled or set aside by the order of any court, for any public improvement au- thorized to be made and paid for by a special assessment or a special tax, the city council or board of trustees may, at any LOCAL IMPROVEMENTS. 193 time within five years after the confirmation of the original assessment, direct a new assessment to be inade upon the de- linquent property for the amount of such deficiency and inter- est thereon from the date of such original assessment, which assessment shall be made, as nearly as may be, in the same manner as is herein prescribed for the first assessment. In all cases where partial payments shall have been made on such former assessments, they shall be credited or allowed on the new assessment to the property for which they were made, so that the assessment shall be equal and impartial in its results. If such new assessment prove insufficient, either in whole or in part, the city council or board of trustees may, at any time within said period of five years, order a third to be levied, and so on 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, sub- sequent to the date of the original assessment. 567. Collection — certifying roll.] § 61. Within thirty (30) days after the filing of the report of the cost of the work as provided in section eightj^-four of this act, as herein amended, the clerk of the court in which such judgment is rendered shall certify the assessment roll and judgment, as amended or re- duced, to the officer of such city, village or town, authorized to collect such special assessment; or, if there has been an ap- peal 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, and such certification shall be filed by the officer receiving the same in his office. With such assessment roll and judgment the clerk of such court shall also issue a warrant for the collection of such assess- ment. The court shall have power to recall such warrants as. to all or any of the property affected at any time before payment or sale, in case the proceedings be abandoned by the petitioner or the judgment be vacated or modified in a material respect as hereinbefore provided, but not otherwise. 568. Warrant to collector.] § 62. Should an appeal or writ of error be taken on any part of such judgment, and the board elect to proceed with the improvement, notwithstanding such an appeal, as provided for in section seventy-five (75) 194 STATUTES RELATING TO CITY. of this act, the clerk shall certify such appealed portion, from time to time, in the manner above mentioned, as the judg- ment is rendered thereon, and the warrant accompanying such certificate in each case shall be authority for the collection of so much of such assessment as shall be included in the por- tion of the roll thereto attached. The warrant in all cases of assessment, under this act, shall contain a copy of such cer- tificate of the judgment describing lots, blocks, tracts and par- cels of land assessed so far as they shall be contained in the portion of the roll so certified, and the respective amount as- sessed on each lot, block, tract or parcel of land, and shall be delivered to the officer authorized to collect such special as- sessment. The collector having a warrant for any assessment levied to be paid by installments may receive any or all of the installments of such assessment, but if in part only, then in their order. [As amended by an act approved and in force May 9, 1901. 569. Collector’s notice.] § 63. The collector receiving such warrant shall immediately give notice thereof by pub- lishing a notice in one or more newspapers in such city, town or village, if such newspaper is there ; and if there is no such news- paper, then by posting four copies thereof in public places along the line of the proposed improvement; such notice may be substantially in the following form: SPECIAL ASSESSMENT NOTICE. Special Warrant, No Notice: Public notice is hereby given that the (here insert title of court) has rendered judgment for a special assessment (or special tax) upon property bene- fited by the following improvement: (here describe the character and location of the improvement in general terms), as will more fully appear from the certified copy of the judgment on file in my office; that the warrant for the collection of such assessment (or special tax) is in the hands of the undersigned. All persons interested are hereby notified to call and pay the amount assessed at the collector’s office, (here insert location of office), within thirty days from the date hereof. Dated this day of A. D. 18 Collector. When such assessment or special tax is levied to be paid in installments, such notice shall, in addition to the forego- ing, contain the amount of each installment, the rate of in- terest deferred installments bear, the date when payable. 570. Collector’s demand — penalty — entry of payment.] § 64. It shall be the duty of the collector into whose hands the warrant shall come, as far as practicable, to call upon all persons, resident within the neighborhood, whose names ap- LOCAL IMPROVEMENTS. 195 pear upon the assessment roll, or the occupants of the prop- erty assessed, and personally, or by written or printed notices left at his or her usual place of abode, inform them of such special assessment, and request payment of the same. Any such collector omitting to do so shall be liable to a penalty of ten dollars for every such omission, but the validity of the special assessment, or the right to apply for and obtain judg- ment thereon, shall not be affected by such omission. It shall be the duty of such collector to write the word “paid” oppo- site each tract or lot on which the assessment is paid, together with the name and postoffice address of the person making the payment, and the date of payment. 571. Report of collector of delinquent list to general officer.] § 65. It shall be the duty of the collector, on or before the first day of April in each year, to make a report in writing to the general officer of the county authorized or to be designated by the general revenue laws 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 be unable to collect special assessments, or installments thereof matured and paj^able, or interest thereon, or interest due to the preced- ing January second on installments not yet matured on all warrants in his hands, with the amount of such delinquent special assessment or installments and interest together with his warrants; or, in case of an assessment levied to be paid by installments, 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 land, town lots and real property on which the special assess- ment (or special tax levied by the authority of the city of or town or village of as the case may be), or installments thereof, or interest, remaining 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 such warrants have been received b}^ him for collection. 572. Report to be evidence.] § 66. Said report, when so made, shall be 'prim a facie evidence that all the .forms and re- 19G STATUTES RELATING TO CITY. quirements of the law in relation to the making of said return have been complied with, and that the special assessments, or special taxes, or the matured installments thereof, and the interest thereon, and the interest accrued on installments not yet matured, mentioned in said report, are due and unpaid, and upon the application for judgment of sale upon such assess- ment or matured installments thereof, or the interest thereon, or the interest accrued on installments not yet matured, no defense or objection shall be made or heard which might have been interposed in the proceeding for the making of such assess- ment, or the application for the confirmation thereof, and no errors in the proceeding to confirm, not affecting the power of the court to entertain and consider the petition therefor, shall be deemed a defense to the application herein provided for. When, such application is made for judgment of sale on an installment only of an assessment payable by installments, all questions affecting the jurisdiction of the court to enter the judgment of confirmation and the validity of the proceedings shall be raised and determined on the first of such applications. On application for judgment of sale on any subsequent install- ment, no defense, except as to the legality of the pending pro- ceeding, the amount to be paid, or actual payment, shall be made or heard. And it shall be no defense to the application for judgment on any assessment or any installment thereof that the work done under any ordinance for an improvement does not conform to the requirements of such ordinance, if it shall appear that the said work has been accepted by or under the direction of the board of local improvements. And the volun- tary payment by the owner or his agent of any installment of any assessment levied on any lot, block, tract or parcel of land, shall be deemed and held in law to be an assent to the confirma- tion of the assessment roll, and to be held to release and waive any and all right of such owner to enter objections to the ap- plication for judgment of sale and order for sale. The judgment of sale on any installment shall include all interest accrued on said installment up to the date of said judgment of sale, and- also the annual -interest due as returned delinquent by the municipal collector on anjr installment or installments not LOCAL IMPROVEMENTS. 197 matured; and all judgments of sale for a matured installment shall bear interest on the amount of the principal of said matured installment to the date of payment or sale. . 573. Application for judgment — sale — revenue laws to govern.] § 67. When such general officer shall receive the report above provided for, he shall proceed to obtain judgment against said lots and parcel of land and property for said special assessments and said special taxes, or installments thereof, and interest remaining due and unpaid, in the same manner as is or may be by law provided for obtaining judgment against lands for taxes due and unpaid the county or State; and shall in the same manner proceed to sell the same for the said special assessments, special taxes, or installments thereof, and interest remaining due and unpaid. In obtaining such judgments and making such sale, the said officer shall be governed by the general revenue law of the State, except when otherwise pro- vided herein. No application for judgment against lands for unpaid special taxes or 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 or special taxes in each year shall include only such special assessments, special taxes, or installments thereof, and interest as shall have been returned as delinquent to the county collector on or before the first day of April in the year in which said application is made: Provided , that such judgment of sale shall include interest on matured installments up to the date of such judgment, as herein provided. 574. Return of sale — redemption.] § 68. After making said sale, the list of lots, parcels of land and property sold thereat shall be returned to the office of the county clerk, and redemption may be made as provided* for by the general revenue law of this State. 575. Sale where assessment paid — penalty.] § 69. If the collector shall receive any moneys for taxes or assessments, or installments thereof, and give a receipt therefor, for any land or parcel of land, and afterwards make a return that the said tax, assessment or installment thereof was unpaid, to the State 198 STATUTES RELATING TO CITY. I officers authorized to Bell land for taxes, or shall receive the said amount so payable after such return has been made, and the said property be sold for any tax, assessment or installment thereof which lias been so paid and receipted for by himself or his clerks, he and his bondsmen shall be liable to the holder of the certificate given to the purchaser at the said 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 amount; and the city, village or town shall in no case be liable to the holder of such certificate. 576. Paying over — compensation.] § 70. The collector or collectors, and the general officer aforesaid to whom the said warrants shall be returned, shall pay over to the city, village or town treasury to which it shall belong, all moneys collected by them, respectively, upon or by virtue of such warrant, or upon any sale for taxes, or otherwise, at such time or times and in such manner as shall be prescribed by ordinance, and shall be allowed such compensation for their services in the collection of such assessment as the ordinance of the city or village may provide, except vdien such compensation is fixed by a general law. 577. General revenue laws apply.] § 71. The general revenue laws of this State, in reference to proceedings to re- cover judgment 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 re- demption from tax sales, except as herein otherwise provided, shall be applicable to proceedings to collect such special assess- ments and special taxes. 578. Municipality may buy in.] § 72. Any city, village or town interested in the collection of any tax or special assess- ment, may, in default of other bidders, become a purchaser at any sale of property to enforce the collection of the same, and may, by ordinance, authorize and ijiake it the duty of one or more municipal officers to attend such sales and bid thereat in behalf of the corporation. 579. Contracts payable from assessments — claim limited to funds collected — account to be kept.] § 73. No person or LOCAL IMPROVEMENTS. 199 persons or bodies corporate, taking any contracts from the city, village or town, and agreeing to be paid ont of special assess- ments or special taxes, shall have any claim or lien npon the city, village or town in any event, except from the collection of special assessments or special taxes made or . to be made for the work contracted for, bnt the municipality shall cause collec- tions and payments to be made with all reasonable diligence. And in such case, if it shall appear that such assessment or tax can not be levied nor collected, the municipality shall not, nevertheless, be in any w~ay liable to such contractor or con- tractors in case of failure to collect the same, but shall, so far as it can legally do so, with all reasonable diligence cause a valid assessment or assessments, special tax or taxes, to be levied and collected to defray the cost of said work until all contrac- tors shall be fully paid, and an}^ contractor shall be entitled to summary relief of mandamus or injunction to enforce the provisions hereof. The city treasurer shall keep a separate account with each special assessment warrant number, and with the money re- ceived thereunder. 580. Letting contracts — when city, etc., may perform the work.] § 74. All contracts for the making of any public improvements, to be paid wholly or in part by special assess- ment or special tax, and any work or other public improvements when the expense thereof shall exceed five hundred dollars ($500), shall be let to the lowest responsible bidder in the manner herein prescribed, such contracts to be approved by the president of the board of local improvements. In case of any work in which it is estimated that the work will not cost more than five hundred dollars ($500), if after receiving bids it shall appear to said board of local improve- ments that said work can be performed better and cheaper by the' city, town or village, or the authorities thereof, the authori- ties of the city, town or village shall perform said work and employ the necessary help therefor, and the cost of said work by said city, town or village, or the authorities thereof, shall in no case be more than the lowest bid received. 581. When contracts shall be let.] § 75. Within ninety (90) days after the term of court at which judgment of con- 200 STATUTES RELATING TO CITY. firmation of any special assessment or special tax, levied in pur- suance of this act, lias been entered, if there be no appeal per- fected, or other stay of proceedings by a court having jurisdic- tion, or in case the judgment for the condemnation of any prop- erty for any such improvement, or the judgment of confirmation as to any property be appealed from, then, if the petitioner shall file in such cause a written election to proceed with the work, notwithstanding such appeal or other stay, steps shall be taken to let the contract for such work in the manner herein provided. If the judgment of condemnation or of confirmation of the special tax or special assessment levied for such work be ap- pealed from, or stayed by a supersedeas or other order of a court having jurisdiction, and the petitioner file no such elec- tion, then the steps herein provided for the letting of the con- tract for such work shall be taken within fifteen (15) days after the final determination of said appeal or writ of error, or the determination of such sta}', unless the proceeding be abandoned as herein provided. 582. Notice for letting contracts — bids.] § 76. Notice shall be given by advertisement in some newspaper, adopted for that purpose, by the board of local improvements by an order entered in their records, that bids will be received for the construction of such improvement, either as a whole or in such sections as the board shall specify in its notice, in accord- ance with the ordinance therefor; which notice shall state the time of opening such bids (not more than fifteen (15) nor less than ten (10) days thereafter), and shall further state where the specifications for such improvements are to be found, and whether the contractors are to be paid in cash or in bonds, and if in bonds, then the rate of interest such vouchers or bonds shall draw. If no newspaper be published in said munici- pality, then four such notices shall be posted, all of which shall be in the vicinity of the proposed improvement. Pro- posals or bids may be made either for such work as a whole or for such specified sections thereof. All proposals or bids offered shall be accompanied by cash or by a check payable to the order of the president of the board of local improvements in his official capacity, certified by a responsible bank, for an amount which shall not be less than ten (10) per centum of LOCAL IMPROVEM EN TS. 201 the aggregate of the proposal. Said proposals or bids shall be delivered to the board of local improvements, and said board shall, in open session, at the time and place fixed in said no- tice, examine and publicly declare the same: Provided , how- ever, that no proposals nor bids shall be considered unless ac- companied bv such check or cash. 583. Accepting bid — contract.] § 77. Said board of local improvements may reject any and all proposals or bids, should they deem it best for the public good ; and if they shall be of the opinion that a combination exists between contractors, either to limit the number of bidders or to increase the contract price, and that the lowest bid is made in pursuance thereof, it shall be their. duty to do so; and said board may reject the bid of any party who has been delinquent or unfaithful in any former contract with the municipality, and shall reject all proposals or bids other than the lowest regular proposal or bid of any responsible bidder, and may award the contract for said work or improvement to the lowest responsible bid- der at the prices named in his bid, which award shall be re- corded in the record of its proceedings. Such award, if any, shall be made within twenty days after the time fixed for re- ceiving bids. If no award be made within said time, another advertisement for proposals- or bids for the performance of the work, as in the first instance, shall be made, and there- after [the board shall] proceed in the manner above in this act provided; and such re-advertisement shall be deemed a re- jection of all former bids, and thereupon the respective checks and bonds corresponding to the bids so rejected shall be re- turned to the proper parties, but the .checks accompanying such accepted proposals or bids shall be retained in the possession of . the president of the said board until the contract for do- ing said work, as hereinafter provided, has been' entered into, either by said lowest responsible bidder or by the owners of a majority of the frontage, whereupon said certified check shall be returned to said bidder. But if the said bidder fails, neg- lects or refuses to enter into a contract, to perform said work or improvement, as herein provided, then the certified check accompanying his bid, and the amount therein mentioned, shall be declared to be forfeited to said city, village or town, 202 STATUTES RELATING TO CITY. and shall be collected by it and paid into its fund for the re- pairing and maintenance of like improvements; and any bonds forfeited may be prosecuted) and the amount due thereon col- lected and paid into the said fund. 584. Person interested entitled to hearing.] § 78. Any owner or person interested in any of the property assessed and any bidder shall be entitled to a hearing before said board on any question connected with any such award. 585. Notice of awarding contract.] § 79. Notice of such award of contract shall be published for two (2) days in a daily newspaper published and [and] circulated in said city, village or town, designated by the said board of local improve- ments, by general order for that purpose, duly entered in its records. Or where there is no daily newspaper in said city or village, by’ one (1) insertion of the same in a semi- weekly or weekly newspaper so published and circulated, and so desig- nated: Provided , however , that in case there is no newspaper printed or published in such city, village or town, then four (4) notices of such award shall be posted, all of which shall be in the Vicinity of the proposed improvement. 586. Owners of a majority of frontage may take contract.] § 80. The owners of a majority of the frontage of the lots and lands upon the street wherein said work is to be done, or their agents, who shall take oath that they are such owners or agents, shall not be required to present sealed proposals or bids, but may, within ten days after the first posting and publication of said notice of said award, elect to take said work, and enter into a written contract to do the whole work at ten per centum less than the price at which the same has been awarded. Should the said owners fail to elect to take said work, and to enter into a written contract therefor within ten days, or to com- mence the work within thirty days after the first posting and publication of said award, and to prosecute the same with dili- gence, it shall be the duty of the board of local improvements to enter into a contract with the original bidder to whom the contract was awarded, and at the prices specified in his bid. 587. Rejecting bids in case of default.] § 81. If such original bidder fails or refuses for fifteen (15) days after the first posting or publication of the notice of award, or in case a LOCAL IMPROVEMENTS. 203 contract be made with the owners, and default by them, then, within ten (10) days after notice that such owners are in de- fault, to enter into a contract, then said board of . local improve- ments, without further proceedings, shall again advertise for proposals or bids, as in the first instance, and award the contract for said work to the then regular lowest bidder. The bids of all persons, and the election of all owners, as aforesaid, who have failed to enter into the contract as herein provided, shall be rejected in any bidding or election subsequent to the first for the same work. 588. Completing unfinished work — contractor’s bonds — pay- ment of expenses.] § 82. If the owners or contractors, who may have taken any contract, shall not complete the same within the time mentioned in the contract, or within such further time as the board of local improvements may give them, the said board may re-let the unfinished portions of the said work, after pursuing the formalities prescribed herein- before for the letting of the whole in the first instance. All contractors, contracting owners included, shall, at the time of executing any contract for such public work, exe- cute a bond to the satisfaction and approval of the board of local improvements of said city, village or town in such sum as the said board shall deem adequate, conditioned for the faithful performance of the contract; and the sureties shall justify, before some person competent to administer an oath, in double the amount mentioned in said bond, over and above all statutory exemptions. 589. Appointment of attorneys, engineers, clerks, inspectors, etc. — execution and acceptance of work — recourse on munici- pality.] § 83. The board of local improvements in cities of one hundred thousand (100,000) inhabitants and over, ac- cording to the last census as hereinbefore provided, may ap- point an attorney for the board who shall have charge, under its direction and control, of all legal matters pertaining to the board of local improvements, the confirmation of special as- sessments and the collection of the same. It may also ap- point an engineer for the board, and such assistant attorneys, engineers, clerks, inspectors, etc., etc., as may be necessary to carry into effect the purposes of this act. 201 STATUTES RELATING TO CITY. The board is hereby authorized to make, or cause to be made, the written contracts, and receive all bonds authorized by this act, and to do any other act, expressed or implied, that per- tains to the execution of the work provided for by such ordi- nance or ordinances, and shall fix the time for the commence- ment of the work thereunder and for the completion of the work under all contracts entered into by it, which work shall be prosecuted with diligence thereafter to completion, and said board may extend the time so fixed from time to time as they may think best for the public good. The work to be done pursuant to such contracts must in all cases be done un- der the direction and to the satisfaction of the board of local improvements, and all contracts made therefor must contain a provision to that effect, and also express notice that in no case, except as otherwise provided in the ordinance, or the judg- ment of the court, will said board, or municipality, except as herein otherwise provided, or any officer thereof, be liable for any portion of the expenses, nor for any delinquency of per- sons or property assessed. The acceptance by the said board of any improvement shall be conclusive in the proceeding to make said assessment, and in all proceedings to collect the same, or installments thereof, on all persons and property assessed therefor, that the work has been performed substantially according to the requirements of the ordinance therefor, but if any property owner be injured by any failure so to construct such improvement, or suffer any pecuniary loss thereby, he may recover the amount of such injury in an action on the case against the municipality making said improvement. Provided , however, that such action be commenced within one year from the date of the acceptance of the Work by the board of local improvements. § 84. Within thirty days after the final completion and acceptance of the work, as hereinbefore provided, the board of local improvements shall cause the cost thereof to be certified, in writing, to the court in which said assessment was confirmed, together with an amount estimated by the board to be required to pay the accruing interest on bonds or vouchers issued to anticipate collection, and thereupon, if the total amount assessed for said improvement upon the public and private property LOCAL IMPROVEMENTS. 205 exceeds the cost of the same, all of said excess excepting the amount required to pay such interest as herein provided for, shall be abated and the judgment reduced proportionately to the public and private property owners and shall be credited pro rata upon the respective assessments for said improvements under direction of the court, and, in case the assessment is col- lectible in installments, such reduction shall be made so that all installments shall be equal in amount, except that all frac- tional amounts shall be added to the first installment so as to leave the remaining installments in the aggregate equal in amount and each a multiple of one hundred dollars; the intent and meaning hereof being that no property owner shall be re- * quired to pay to the collector a greater amount than his pro- portionate share of the cost of said work and of the interest that may accrue thereon. 591. Inspection of work.] § 85. The said board of local improvements shall cause the entire work done pursuant to any such proceeding and contract, and the materials therefor, to be carefully inspected during the progress of the work, to the end that the contractor or contractors shall comply fully and adequately with all the provisions of the said ordinance, and of the contract under which said work is to be done, and the specifications therefor; and upon the complaint of any prop- erty owner that the work or materials do not comply with such requirements, the president of the said board of local improve- ments, shad either examine the said work and materials himself, or designate some member of said board to do so, who shall make personal examination, and certify in writing as to the result thereof, which written certificate shall be filed with the papers pertaining to the said board, and be open to public in- spection at any time. 592. Bonds to anticipate installments of assessment.] § 86. For the purpose of anticipating the collection of the second and succeeding installments provided for in this act, it shall be law r ful for such city, village or town to issue bonds, payable out of said installments, bearing interest at the rate of five p'er centum per annum, payable annually and signed by such officers as may be b}^ ordinance prescribed; said bonds shall be issued in sums of one hundred dollars, or some multiple 20G STATUTES RELATING TO CITY. thereof, and shall be dated and draw interest from the date of the issuing of the same. Each bond shall state on its face out of which installment it is payable, and shall state, by num- ber or other designation, the assessment to which such install- ment belongs. The principal of such bonds shall not exceed, in the aggregate, the amount of such deferred installments, and shall be divided into as many series as there are deferred in- stallments: Provided , nothing herein contained shall be con- strued to prevent the payment of any voucher or bond out- of an installment having a surplus to its credit, other than the one against which the same is issued; the intent and meaning thereof being that in case from any cause the installment against which such bond or voucher is drawn has not sufficient money to the credit thereof to pay the same, the entire amount of the assessment or any installment thereof may be applied toward the payment of any such vouchers or bonds issued against the assessment. Each series shall become due at some time in the year in which the corresponding installment will mature, such date to conform, as nearly as may be, to the time when such installment will be actually collected, such time to be estimated and determined by the municipal officers issuing such bonds: Provided , also , that it shall be lawful to provide in the case of any one or more of the bonds in any series, that such bond or bonds shall not become due until some subsequent date, not later than the thirty-first day of December next suc- ceeding the January in which the installment against which such series is issued shall become due and payable. Such bonds may be in the following form: State of Illinois, ) County of. p S ‘ Series No $ Bond No of Improvement Bond. “The of in county, Illinois, for value received, promises to pay to the bearer on the day of A. D , the sum of ... , dollars, with interest thereon from date hereof at the rate of five per LOCAL IMPROVEMENTS. 207 centum, payable annually on presentation of the coup'ons hereto annexed. “Both principal and interest of this bond are payable at the office of the treasurer of said of “This bond is issued to anticipate the collection of a part of the installment of special assessment No , levied for the purpose of , which said installment bears interest from the. . . .day of , A. D , and this bond and the interest thereon are payable solely out of said in- stallments when collected. “Dated this day of , A. D.. ..... Which said bon^d may have coupons attached to represent the interest to accrue thereon. 593. Bonds to be issued at par and accrued interest.] § 87. Said bonds may be sold or paid to the contractor having the contract for the improvement for which the assessment was levied, at not less than their par value and interest accrued to time of delivery, whether sold or paid to the contractor. 594. Payment by bonds — how costs paid.] § 88. Payment for any improvement done or performed under the provisions of this act, to be paid for out of any special assessment or spe- cial tax levied in installments, as herein provided, may be made in the bonds herein provided for ; and the first install- ment thereof shall be paid to the person or persons entitled thereto on the contract for said work: Provided , however , that in cities, towns and villages having a population of less than one hundred thousand, where the ordinance for the im- provement provides for the collection of costs, such costs shall be first paid out of said first installment. If such first install- ment is not collected when payments fall due, vouchers there- for may be issued, payable out of the first installment when collected. Such vouchers shall bear no interest and shall be paid from said- installment when collected. 595. Payment of assessment in bonds.] § 89. Any prop- erty owner may pay his assessment, wholly or in part, with the bonds or vouchers issued under this act on account of such assessment, applying, however, the bonds and vouchers of each series only to the payment of the installments to which 208 STATUTES RELATING TO CITY. they relate. Tn making such payments, such vouchers and bonds shall be taken at their par value and interest accrued to the date of making such payment. All vouchers and bonds received in payment of such assessment shall be canceled by the officer receiving the same, as of the date of their receipt, and deposited with the treasurer of the said town or village issuing the same. 596. No claims except against the assessment.] § 90. No person or persons accepting the vouchers or bonds as provided herein shall have any claim or lien upon the city, town or village in any event for the payment of such vouchers or bonds or the interest thereon, except from the collections of the as- sessment against which said vouchers or bonds are issued, but the municipality shall not, nevertheless, be in any way liable to the holders of said vouchers or bonds in case of failure to collect the same, but shall, with all reasonable diligence, so far as it can legally do so, cause a valid special assessment or assessments, special tax or taxes, as the case may be, to be levied and collected, to pay said bonds and vouchers, until all bonds and vouchers shall be fully paid. Any holder of vouch- ers or bonds, or their assigns, shall be entitled to summary relief by way of mandamus or injunction to enforce the provis- ion? hereof. 597. Payments as work progresses.] § 91. From time to time, as the work under any contract for such improvement progresses, upon certificates by the said board of local im- provements, or by some officer designated by such board for that purpose, payments may be made either in money, vouchers or bonds, as herein provided, to apply upon said contract price, reserving, however, a sufficient amount upon each of said pay- ments to properly secure, in the judgment of said board, the faithful performance of the said contract, said reserve to be paid over at such time and on such conditions as the board shall fix, after the said work has been completed or accepted. 598. Interest on bonds — how to be paid.] § 92. The board of local improvements, before the crediting of the excess as provided for in section eighty-four, as herein amended, shall determine an estimated amount deemed as sufficient to make up any probable deficiency of interest, by which from any LOCAL IMPROVEMENTS. 209 cause, collections of interest may prove insufficient to meet the interest to be paid on said bonds until they mature as here- inbefore provided. Said estimate shall be deducted out of said installments as an item of expense before crediting rebates of excess as herein directed and shall be used for no other pur- pose than to make up such deficiency until the bonds are fully paid, both principal and interest. 599. Rebates declared and paid.] § 93. If, upon final settlement with the contractor for any improvement and full payment of all vouchers or bonds, issued on account of such contract, there shall be any surplus remaining in such special assessment or special tax above the payments aforesaid, and above the amount necessary for the payment of interest on such vouchers or bonds, as above provided, it shall be the duty of the proper authorities of such* city, incorporated town or vil- lage to at once cause a rebate to be declared upon each lot, block, tract or parcel of land assessed of its pro rata propor- tion of such surplus. The board of local improvements shall cause to be kept and exhibited publicly in its office, an index of all warrants upon which rebates are due and payable, and upon proper proofs, the same shall be repaid to the person en- titled thereto. 600. Expenses, costs, etc., how to be paid.] § 94. The cost and expenses of maintaining the board of local improve- ments herein authorized, of paying the salaries of the mem- bers of said board, and the expense of making and levying special assessments or special taxes and of letting and execut- ing contracts; and also the entire cost and expense attending the making and return of the assessment rolls and the neces- sary estimates, examinations, advertisements, etc., etc., con- nected with the proceedings herein provided for, including the court costs, including the fees to commissioners in con- demnation proceedings, which are to be taxed as above provided, shall be paid by the city, village or town out of its general fund : Provided, however, that in cities, towns or villages of this State having a population of less than one hundred thousand by the last preceding census of the United States, or of this State, the city^, village or town, as the case may be, may in and by the ordinance providing for the assessment prescribed, pro- 210 STATUTES RELATING TO CITY. vide that a certain sum, not to exceed six per centum of the amount of such assessment, shall be applied toward the pay- ment of the aforesaid and other costs [of] making and collect- ing such assessment. 601. Appeals.] § 95. Appeals from final judgments or orders of any court made in the proceedings provided for by this act, may be taken to the Supreme Court of this State, in the manner provided by law, by any of the owners or parties interested in lands taken, damaged or assessed therein, and the court may allow such an appeal to be taken jointly, and upon a joint bond, or severally, and upon several bonds, as may be specified in the order allowing the same. 602. Writs of error.] § 96. Writs of error from the Su- preme Court of this State may issue upon any such judgment upon the application of owners or parties interested in the property affected thereb}', as shown by the record, at any time after the disposition of the last remaining objection to the con- firmation, if any, and prior to the first day of June following the entry of such judgment: Provided , that if the warrant for collection as to any parcel be not returned delinquent in any year before April 1st, a writ of error as to such parcel may be sued out at any time before June 1st in the year in which the same is so returned or certified: And, provided further , that in every case there shall be filed with the clerk of the Su- preme Court, with the application for such writ, an affidavit by the plaintiff in error or his agent setting forth the time when such warrant, as to such property, was returned delinquent or so certified ; and further setting forth that the person to whom such notice of the filing of assessment roll as to such property, as shown by the record, did not receive the same, or otherwise learn of the pendency of the proceedings for the confirmation of said assessment until less than ten days before the entry of default against his said property in the court below. 603. Adoption of this act by other municipalities.] § 97. x^.nv city or incorporated town or village may, if it shall so de- termine by ordinance, adopt the provisions of this act, and where it shall have so adopted this act, it shall have the right to take all the proceedings herein provided for, and have the benefit of all the provisions hereof. LOCAL IMPROVEMENTS. 211 604. Use of provisions of this act by other corporate authori- ties.] § 98. Wherever authority of law now exists in cor- porate authorities in this State to levy special assessments or special taxes for local improvements, and for that purpose to use the proceedings or methods provided by Article 9 of an act entitled “An act to provide for the incorporation of cities and villages approved April 10, 1872, in force July 1, 1872, such corporate authorities are hereby authorized to make use of the piovisions of this act for such purpose, with the same effect and to the same extent as heretofore authorized to use the provisions of said Article 9 ; and any such corporate authorities as may be hereafter authorized by law to levy such special assessments or special taxes, may, whether otherwise expressly authorized thereto or not, make use of the provisions of this act in like manner. If, in any such case, a board of local improvements, as re- quired in this act, does not exist, such corporate authorities shall take such steps for a public hearing, on the subject of the proposed improvement or improvements, to be paid for by special assessment or special taxation, as are herein required of the board of local improvements, and shall act as such board in the manner herein provided, as nearly as may be, both in originating such improvements and in executing such work and making payment therefor. [See § 507. 605. Repeal of conflicting acts — pending cases — reserva- tions.] § 99. All acts, and parts of acts, in conflict with this act are hereby repealed. Provided , that the laws subsisting at the time of the taking effect of the local improvement act of June 14, 1897, shall continue to apply to all proceedings for the condemnation of lands/ or the confirmation of special assessments or special taxes for local improvements, which were pending in any court in this State at the time of the taking effect of the local improve- ment act of June 14, 1897, and to all proceedings for the collec- tion of any deficiency under past levies already made under any laws already existing at the time of the taking effect of the local improvement act of June 14, 1897 ; and also to all pro- ceedings for new assessments made in lieu of others annulled before the act concerning local improvements of June 14, 1897, 212 STATUTES RELATING TO CITY. took effect, by order of some court. When any installment of an assessment confirmed under prior acts shall mature, proceed- ings to return the same delinquent, and to collect the same, shall conform to the provisions of this act. Where proceedings for local improvements to be made by special tax or special assessment shall have been instituted when this act shall take effect, and where the assessment provided for therein has not been confirmed by any court, all future pro- ceedings thereunder &hall be as herein provided, with the same effect as if such proceedings had been commenced in accordance with the provisions herein provided: Provided, that nothing in this act shall be construed to repeal an act entitled, “An act to provide additional means for the construction of sidewalks in cities, towns and villages,” approved April 15, 1875, in force July 1, 1875. Provided, also, that nothing in this act contained shall be held or construed to be a repeal of any of the laws of the State of Illinois relating to civil service, and that nothing in this act contained shall be held or construed to be a repeal or modi- fication of any of the rules of the civil service commission of the city of Chicago adopted pursuant to the civil service laws of the State of Illinois. Emergency.] § 2. Whereas, A great number of improve- ments are being delayed on account of hardships inflicted upon property owners under the present statutes, therefore an emergency exists, and this act shall take effect from and after its passage. Aitroved May 9, 1901. TO AUTHORIZE CITIES OF 100,000 POPULATION AND UNDER TO CONSTRUCT OUTLET SEWERS, RESERVOIRS, PUMPING WORKS, ETC. AN ACT to authorize cities of 100,000 population and under to construct outlet sewers, reservoirs, pumping’ v\orks and machinery, and maintain and keep in repair the same, the cost thereof to be defrayed by special assessment, or special taxation, and if the assessment is paid in installments, to issue bonds to anticipate the deferred installments. [Approved April 24, 1899. L. 1899, p. 96.] 606. Cost of outlet sewers may be borne by special assess- ment or by special taxation.] § 1 . Be it enacted by the Peo- ple of the State of Illinois, represented in the General Assembly : SEWERS, RESERVOIRS, PUMPING WORKS, ETC. 213 That in all cities in this State, of a population of one hundred thousand or under, which have a sewerage system, but have no adequate outlet therefor, or no proper disposition of the sewage thereof, without constructing an outlet sewer through an unimproved portion of such cities, and thence through lands beyond the limits of such cities, the corporate authorities thereof are hereby vested with power to construct an outlet sewer wholly within, or partially within and partially without, said cities, into which the sew'ers throughout said cities are to empty, and through which they are to discharge their sewage for proper disposition and sanitary benefits, and to construct reservoirs, erect pumping works and machinery, within or without said cities, and to acquire the necessary land and machinery for such purposes, and otherwise provide for discharging the sewage of such cities into channels that will promote the health and improve the sanitary condition of, and accomplish the purpose of an outlet sewer for such cities, the cost of which shall be borne by special assessment, or by special taxation, upon the property in those portions of said cities the sewers in which are to ultimately find their outlet through said hereby authorized outlet sewer. 607. Cost of repairing outlet sewers may be borne by special assessment or by special taxation.] § 2. That the corporate authorities of such cities, as are designated in section one of this act, are hereby vested with the power to maintain and keep in repair such outlet sewers, reservoirs, pumping works and machinery as are provided for in said section one, the cost of which shall be borne by special assessment, or by special taxa- tion, upon the property as described also in said section one of this act: Provided , that no lot, block, tract or parcel of land shall be assessed more than once in any one year for such maintenance and repair. 608. May acquire real and personal property necessary for right of way and easements, etc.] § 3. That the corporate authorities of such cities as are designated in section one of this act shall have power to acquire by purchase, gift, condemna- tion or otherwise all the real and personal property, rights-of- way and easements within or without said cities necessary for the construction and maintenance of the outlet sewers and 214 STATUTES RELATING TO CITY. works authorized by this act, and shall have the same control and jurisdiction of the property without as of that within said cities. 609. Ordinance to prescribe whether the same shall be made by special assessment or special taxation.] § 4. When the local authorities of such cities, as designated in section one of this act, shall determine to construct an outlet, sewer, etc., here- inbefore provided for, they -shall do so by ordinance, in which shall be prescribed whether the same shall be made by special assessment or special taxation. In the same ordinance shall be prescribed the nature, character, locality and description of said outlet sewer improvement, either by setting forth the same in the ordinance itself or by reference to maps, plats, plans, profiles or specifications thereof on file m the office of the city clerk, or by both. The said ordinance shall also pre- scribe by reasonably well understood boundaries those portions of the city the sewage of which is to be conducted, by sewers already laid, or those contemplated to be laid, into and through the herein provided outlet sewer, and the property within such boundaries shall be assessable for the cost of the . said outlet sewer improvement. If property is to be taken or -damaged for said improvement, such ordinance shall prescribe the same with reasonable certainty. 610. When city council may order petition to be filed.] §5. The city council shall appoint three of its members, or any other three competent persons, who shall make an estimate of the cost of the outlet sewer improvement contemplated by such ordinance, including reservoirs, pumping works and machinery, damages, necessary lands, labor, materials, engineering and all other expenses attending the same, and the cost of making and levying the assessment, and shall report the same in writ- ing to said city council. On such report being made and ap- proved by the city council the council 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. 611. Form of petition.] § 6. The petition to court shall be in the name of the corporation, and shall recite the ordinance for the proposed improvement, and report of such commission. SEWERS, RESERVOIRS, PUMPING WORKS, ETC. 215 and shall pray that the cost of such improvement may be assessed in the manner prescribed by law. Upon the filing of such petition, the Court shall appoint three competent per- sons as commissioners who shall take and subscribe to an oath, in substance as follows, to-wit : State oe Illinois, ) County, j SS ’ We, the undersigned, commissioners appointed by the county court of county, to assess the cost of a sewer out- let improvement in the city of , do solemnly swear (or affirm as the case may be) that we will, a true an[d] im- partial assessment make of the cost of said improvement upon the property assessable for the same, to the best of our ability and accordnig to law. It shall be the duty of such commissioners to examine the portions of the city that said outlet sewer improvement is con- templated to accommodate and serve, and if the cost thereof is to be paid by special assessment, then to apportion and as- sess said cost upon the property, in said portion of the city to be served by said outlet sewer improvement, by the several lots, blocks, tracts and parcels of land in the proportion in which they will be severally benefited by said outlet sewer improve- ment; if the cost is to be paid by special taxation, then the said commissioners shall apportion and assess said cost upon the said property, in said portion of the city to be served by said outlet sewer improvement, by the several lots, blocks, tracts and parcels of land according to their assessed valuation, superficial area, or frontage on the streets, as may be prescribed in said ordinance. 612. Subsequent proceeding.] § 7. All the additional and further proceedings and steps necessary to the making of an assessment roll, the return of same to court, notices to parties assessed, newspaper publications, confirmation of assessment by court, delivery of roll to collector, collection of assessments, return of delinquent lists, application for judgments against de- linquents, tax sales on delinquents, tax deeds, and all other STATUTES RELATING TO CITY. 216 and additional proceedings and steps necessary to be taken to make, levy, confirm and collect an assessment to pay the costs by special assessment or by special taxation of the outlet sewer improvement provided for in this act, as well as proceedings for condemnation of lands and the manner of awarding con- tracts, doing and superintending the work, paying the con- tractor therefor, etc., shall be in accordance with the provis- ions of an act of the General Assembly of the State of Illinois entitled, “An Act concerning local improvements,” approved June 14, 1897, in force July 1, 1897, and all of the provisions - of said act not inconsistent with any of the provisions of this one, which are applicable to the purpose herein sought, are hereby made an aid to this act and available hereto. 613 . Proceedings for assessing and collecting the costs, etc.] § 8. The proceedings for assessing and collecting the cost of maintaining and keeping in repair said outlet sewer, reser- voirs, pumping works and machinery, designated in section two of this act, shall be the same, as far as practicable and appli- cable, as those for assessing and collecting the cost of con- structing the same. 614 . What it shall be lawful to provide by the ordinance authorizing outlet sewers.] § 9. It shall be lawful to provide by the ordinance authorizing the outlet sewer improvement provided for in this act, or by ordinance passed at any time before the confirmation of the assessment roll, that the aggre- gate amount assessed against property, and also each indi- vidual assessment, be divided into installments, not more than twenty (20) in number. In all cases such division shall be so made that all installments shall be equal in amount, ex- cept that all fractional amounts shall be added to the first installment, so as to leave the remaining installments of the aggregate equal in amount, and each a multiple of one hun- dred dollars. The first installment shall be due and payable on the second day of January next after confirmation of the assessment, and the second installment one year thereafter, and so on annually until all are paid. All installments, ex- cept the first one, shall bear interest from and after the date of confirmation until paid, at a rate not exceeding six (6) per centum per annum, to be fixed by the ordinance. The in- SEWERS, RESERVOIRS, PUMPING WORKS, ETC. 217 terest on each installment, except the first, shall be payable as follows: On the second day of January next succeeding the date of confirmation, the interest accrued up to that time on all unpaid installments shall be due and payable and be collected with the installment, and thereafter the interest on all unpaid installments, then payable, shall be payable an- nually, and be due and payable at the same time as the install- ments maturing in such year, and be collected therewith. In all cases it shall be the duty of the municipal collector as the case may be, whenever pa}nnent is made of any installment, to collect interest thereon up to the date of such payment whether such payment be made at or after maturity. Any person may pay the whole assessment against any lot, piece or parcel of land, or any installment thereof, with interest up to the date of payment, at any time before the bonds herein- after mentioned are issued, but after said bonds are issued, payment shall not be received of any installment before its maturity, unless interest thereon up to the second day of the succeeding January is also paid at the same time. 615. May issue bonds and retire the same.] § 10. For the purpose of anticipating the collection of the second and suc- ceeding installments provided for in this act, it shall be law- ful for such cities, as aforesaid, to issue bonds, and retire the same, in accordance with the provisions and regulations of “An Act of the General Assembly of the State of Illinois, en- titled, ‘An Act concerning local improvements/ ” approved June 14, 1897, in force July 1, 1897. SPECIAL CHARTERS HAVING A PROHIBITORY LI- CENSE CLAUSE. AN ACT providing that cities, villages and incorporated towns, now under special charters having a special prohibitory license clause therein, may re- organize under the general law and retain such prohibitory license clause by making the same a public act by a majority vote at the election for such reorganization. [Approved June 9, 1897. In force July 1, 1897. L. 1897, p. 99.] 616. Reorganization — how prohibitory clause may be re- tained.] § 1 . Be it enacted by the People of the State of Illinois , represented in the General Assembly, That any city, village or incorporated town, in this State, now existing under or by virtue of any special charter having a special prohibi- tory license clause therein, desiring to reorganize under the —9 218 STATUTES RELATING TO CITY. general law, being “an act to provide for the incorporation of cities and villages,” approved April 10, 1872, in force July 1, 1872, in such cases made and provided, and not wishing to relinquish such prohibitory license clause, may do so by making the same a public act by a majority vote at the election for such reorganization. 617. Election for retaining prohibitory clause.] § 2. The ballots to be used at such election shall be in the following form : “For cit} r organization under general law by retaining prohibitory clause:” or “Against city organization under gen- eral law by retaining prohibitory clause.” The judges of such election shall make returns and cause the result of such elec- tion to be entered upon the records of such city. If a majority of the votes cast at such election shall be for city organization under general law by retaining prohibitory clause, such city shall be thenceforth be deemed to be organized under the gen- eral law and such prohibitory clause shall thereby be declared a public act, and shall have the same force and effect as if made a part of said general law, and all acts or parts of acts in the general law in conflict with the same shall be of no force and effect. LICENSE. peddler's license granted to ex-union soldiers and sailors WITHOUT FEE. AN ACT permitting all ex-union soldiers and sailors, honorably discharged from the military and marine service of the United States, the right to vend, hawk and peddle goods, wares, fruits or merchandise not prohibited by law, in any county, town, village, incorporated city or municipality in the State of Illinois. 651. Ex-union soldiers or sailors may peddle goods, etc., without license.] § 1. Be it enacted by the People of the State of Illinois , represented in the General Assembly: That on and after the passage of this act all ex-union soldiers and sailofs, honorably discharged from the military or marine service of the United States, shall be permitted to vend, hawk and peddle goods, wares, fruits or merchandise not prohibited by law, in any county, town, village, incorporated city or mu- nicipality within this State without a license : Provided , said soldier or sailor is engaged in the vending, hawking and ped- dling of said goods, wares, fruits or merchandise for himself only. LICENSE. 2J. 9 652. Clerk to issue license free upon presentation, etc., — penalty for violation of act.] § 2. Upon the presentation of his certificate of discharge to the clerk of any county, town, village, incorporated city or municipality in this State, and showing proofs of his identity as the person named in his cer- tificate of honorably discharge, the clerk shall issue to said ex-union soldier or sailor a license, but such license shall be free, and said clerk shall not collect oi? demand for the county, town, village, incorporated city or municipality any fee there- for. Any clerk of any county, town, village, incorporated city or municipality in this State who shall violate any of the foregoing provisions of this act, by failing or refusing to com- ply with such provisions, as herein directed, shall be fined in a sum not less than ten dollars ($10) nor more than fifty dol- lars ($50), to which may be added imprisonment in the county jail not exceeding ten (10) days. Approved May 11, 1901. 220 STATUTES RELATING TO CITY. MISCELLANEOUS STATUTES AFFECTING THE GOVERNMENT OF CITIES. CONSTITUTION OF 1870. ARTICLE IX, SECTION 9. 653. Power to tax.] § 9. The General Assembly may vest the corporate authorities of cities, towns and villages with power to make local improvements by special assessment, or b} r special taxation 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. 654. Fees or salaries of officers, not to be changed during term.] § 11. No person who is in default, as collector or custodian of money or property belonging to a municipal cor- poration, shall be eligible to any office in or under such corpora- tion. 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. 655. Indebtedness of, limited.] § 12. No county, city, township, school district, or other municipal corporation, shall be allowed to become indebted in any manner or for any pur- pose, to an amount, including existing indebtedness, in the aggregate exceeding five per centum on the value of the tax- able property therein, to be ascertained by the last assess- ment 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 afore- GOVERNMENT OF CITIES. 221 said, 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 pre- vent any county, city, township, school district, or other mu- nicipal 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 provid- ing therefor. 656. Municipal subscriptions to railroads or private corpora- tions.] No county, cit} r , township or other municipalit} T , shall ever become subscriber to the capital stock of any rail- road or private corporation, or make donation to or loan its credit in aid of such corporation : Provided , however , that the adoption of this article shall not be construed as affecting 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 municipalities prior to such adoption. 657. Property exempt from taxation.] § 2. All property described in this section, to the extent herein limited, shall be exempt from taxation, that is to say — First — All lands donated by the United States for school purposes, not sold or leased. All public school houses. All property of institutions of learning, including the real estate on which the institutions are located, not leased by such insti- tutions or otherwise used with a view to profit. [Northwest- ern University v. The People ex rel. Miller, 80 111. 333; Bap- tist Theological Union v. The People, 8 Legal News, 399. Second — All church property actually and exclusively used for public worship, wdien the land (to be of reasonable size for the location of the church building) is owned by the congrega- tion. Third — All lands used exclusively as grave yards or grounds for burying the dead. Fourth— All unentered government lands; all public build- ings or structures of whatsoever kind, and the contents thereof. 222 STATUTES RELATING TO CITY. and the land on which the same are located, belonging to the United States. Fifth — All property of every kind belonging to the State of Illinois. [City of Chicago v. The People ex rel. Miller, 80 111., 384; Board of Trustees Illinois Industrial University v. Supervisors Champaign Co., 76 111., 184. Sixth — All property belonging to any county, town, village or city, used exclusively for the maintenance of the poor. All swamp or overflowed lands belonging to any county, so long as the same remain unsold by such county. All public build- ings belonging to any county, township, city or incorporated town, with the ground on which such buildings are erected, not exceeding in any case ten acres. Seventh — All property of institutions of purely public charity, when actually and exclusively used for such charitable purposes, not leased or otherwise used with a view to profit; and all free public libraries. Eighth — All fire engines and other implements used for the extinguishment of fires, with the building used exclusively for the safe keeping thereof, and the lot of reasonable size on which the building is located, when belonging to any city, vil- lage or town. Ninth — All market houses, public squares or other public grounds used exclusively for public purposes. All works, ma- chinery and fixtures belonging exclusively to any town, village or city, and used exclusively for conveying water to such town, village or city. Tenth — All property which may be used exclusively by so- cieties for agricultural, horticultural, mechanical and philoso- phical purposes, and not for pecuniary profit. TOWNS, CITIES, ETC. 658. 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 re- STATEMENTS OF COLLECTIONS — PAYMENTS. 223 spective charters, or in acts heretofore passed by the General Assembly of this State, to the contrary notwithstanding. [As amended by act approved May 3, 1873. See “Cities,” etc., ch. 24, § 111. Chiniqny v. The People, 78 111., 570; Thatcher v. The People, 79 111., 597. See § 343. SWORN STATEMENTS OF COLLECTIONS TO BE MADE — PAYMENTS. 659. Thirty day settlements with cities, etc.] § 164. Town and district collectors shall, every thirty days, when re- quired so to do by the proper authorities of incorporated towns, cities and villages, road and school districts, for which any tax is collected, render to said authorities a statement of the amount of each kind of tax collected for the same, and at the same time pay over to such authorities the amount so shown to be col- lected. [As amended by act approved May 3, 1873. 660. Thirty day settlements with county collector.] § 165. Such town and district collectors shall, every thirty days, render a similar account of the taxes payable to the state treasury, and of the county taxes, do the county collector, and at the same time pay over the amount of such taxes to said county collector. 661. Local taxes to be paid over, etc.] § 166. Said town and district collectors shall pay over the town, road, school and other local taxes, as may be directed in the warrant attached to the collector’s book. 662. Final settlement for local taxes before return.] § 167. Each town and district collector shall make final set- tlement for the township, district, city, village and town taxes, charged in the tax books, at or before the time fixed in this act for paying over and making final settlement for State and county taxes collected by them. In such settlements, said collectors shall be entitled to credit for the amount of their commis- sions on the amount collected, and for the amount uncollected on the tax books, as may be determined by the settlement with the county collector. 663. Duplicate receipts.] § 168. The officer to whom any such moneys may be paid, under the preceding sections, shall deliver to the collector duplicate receipts therefor. 224 STATUTES RELATING TO CITY. 664. City, etc., may buy in at sale.] § 3. Any incor- porated city, town or village, or corporate authorities, com- missioners, or persons interested in any such special assess- ment 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 on its behalf. 665. Collectors in cities or incorporated towns.] § 38. In counties of the first and second classes, shall receive such fees as may be prescribed by the common council or board of trustees of their respective cities or incorporated towns, not exceeding in any case two per cent, of the amount collected by them. [See “Cities, Villages and Towns,” ch. 24, § 86. 666. How license may be granted.] § 1 . Be it enacted by 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 vil- lage, 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 vil- lage granting, such license, may grant the same on the pay- ment, in advance, of the sum of not less than at the rate of. one hundred and fifty dollars ($150) per annum: And, pro- vided further , that the city councils in cities, the board of trustees in towns, and president and board of trustees in vil- lages, 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 pro- vided by ordinance. 667. Bond — how 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, freeholders of the county STATEMENTS OF COLLECTIONS — PAYMENTS. 225 in which the license is to be granted, to be approved by the of- ficer who may be authorized to issue the license, conditioned that he will pay to all persons all damages that they may sus- tain, either in person or property, or means of support, by rea- son of the person so obtaining a license selling or giving away intoxicating liquors. The officer taking such bond may ex- amine any person offered as security upon any such bond, un- der oath, and require him to subscribe and swear to his state- ment in regard to his pecuniary ability to become such se- curity. 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. 668. Duty of officers.] § 2. It shall be the duty of every sheriff, coroner, constable, and every marshal, policeman, or other officer of any incorporated city, town or village, having the power of a sheriff or constable, when any criminal offense or breach of the peace is committed or attempted in his pres- ence, forthwith to apprehend the offender and bring him be- fore some justice of the peace, to be dealt with according to law ; to suppress all riots and unlawful assemblies, and to keep the peace, and without delay to serve and execute all war- rants, writs, precepts and other process to him lawfully di- rected. [E. S. 1845, p. 328 § 88. OIL INSPECTION. AN ACT to revise the law in relation to oil inspection. [Approved March 12, 1874. In force July 1, 1874.] 669. Appointment of inspectors — term of office — deputies.] § 1. The judge of the county court of any county for town- ships outside of incorporated cities, towns and villages, 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, naphtha, gaso- line, 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 appointed and STATUTES RELATING TO CITY. 226 qualified, unless sooner removed from office. He may ap- point deputies, for whom he shall be responsible, and who shall take the same oath and be liable to the same penalties as the inspector. [As amended by act approved June 17, 1887. In force July 1, 1887. L. 1887, p. 242. Legal News Ed., p. 180. 670. Oath — bond — suit on.] § 2. Every such inspector, before entering upon the duties of his office, shall take and sub- scribe 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 or Illinois, and that I will faithfully discharge the duties of the office of oil inspector, accord- ing 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 county judge, city council or board of trustees, with one or more sureties to be approved by the county judge, mayor, or president of the board of trus- tees, 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. [As amended by act approved June 17, 1887. In force July 1, 1887. L. 1887, p. 242. Legal News Ed., p. 180. 671. 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 dis- patch 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. [L. 1871-2, p. 566, § 2; L. 1869, p. 259, § 2. 672. 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 Fahren- heit, 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 temperature less than one hundred and fifty degrees Fahrenheit, as aforesaid, then the inspector shall mark on each cask, barrel or package “Con- demned for illuminating purposes; fire-test being ” Said OIL INSPECTION. 227 inspector, while in office, shall not buy, sell, bargain or trade, directly or indirectly, in any of the said oils or fluids. [L. 1871-2, p. 5 66, § 2; L. 1869, p. 259, § 2. 673. Record kept, and open to 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. [L. 1871-2, p. 566, § 2 ; L. 1869, p. 259, § 2 . 674. 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 cul- pable 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. [L. 1871-2> p. 566, § 2; L. 1869, p. 259, § 2. 675. Penalty for neglect to give notice of, or selling oil not inspected — counterfeit brands, etc.] § 7. Any manu* facturer, refiner or producer of, or any dealer in coal oil, naphtha, gasoline, benzine, or other mineral oil or fluid, the product of petroleum, in any city, village or town in which such inspector is appointed, who shall neglect to give notice to such inspector, 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 received into his posses- sion, or shall offer any such oil or fluid for 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. [L. 1871-2, p. 567, § 3, 4; L. 1869, p. 260.§ 3, 4. 228 STATUTES RELATING TO CITY. 676. Fines, how recovered and disposed of.] § 8. The fines herein provided may be recovered in the name of the Peo- ple of the State of Illinois, before any justice of the peace of the county where the offense is committed, and when collected, 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 provided, shall be paid into the city, village or town treasury. [L. 1871-2, p. 567, § 4; p. 568, § 6; L. 1869, p. 260, § 4; p. 261, § 6. LIBRARIES. OF CITIES, VILLAGES, TOWNS AND TOWNSHIPS. AN ACT to authorize cities, incorporated towns and townships to establish and maintain free public libraries and reading rooms. [Approved and in force March 7, 1872. L. 1871-2, p. 609.] 677. Establishment by city — tax — fund, etc.] § 1. That the city council of each incorporated city, whether organized under general law or special charter, shall have power to es- tablish and maintain a public • library and reading room for the use and benefit of the inhabitants of such city, and may levy a tax of not to exceed two mills on the dollar annually on all the taxable property in the city: Provided , that in cities of over one hundred thousand , inhabitants, after the year 1896, such tax shall not exceed one mill on the dollar annually, such tax to be levied and collected in like manner with the gen- eral taxes of said city, and to be known as a library fund : Pro- vided , that said annual library tax in cities of over two thousand inhabitants .shall not be included in the aggregate amount of taxes as limited by section one (1) of article eight (8) of “An act for the incorporation of cities and villages,” approved April 10, 1872, and the amendatory acts thereto, or by any provision of any special charter under which any city in this State is now organized. Approved May 10, 1901. 678. Directors.] § 2. When any city council shall have decided to establish and maintain a public library and reading room, under this act the mayor of such city shall, with the ap- proval of the city council, proceed to appoint a board of nine directors for the same, chosen from the citizens at large with reference to their fitness for such office; and not more than one LIBRARIES. 229 member of the city council shall be at any one time a member of said board. 679. Term of office — removal.] § 3. Said directors shall hold office one-third for one year, one-third for two years, and one- third for three years, from the first of July following their appointment, and at their first regular meeting shall cast lots for the respective terms; and annually thereafter the mayor shall, before the first of July of each year, appoint as before three directors, to take the place of the retiring direc- tors who shall hold office for three years, and until their suc- cessors are appointed. The mayor may by and with the con- sent of the city council, remove any director for misconduct or neglect of duty. 680. Vacancies — compensation.] § 4. Vacancies in the board of directors, occasioned by removals, resignation, or otherwise, shall be reported to the city council, and be filled in like manner as original appointments, and no director shall receive compensation as such. 681. Organization — powers of directors — funds.] § 5. Said directors shall, immediately after appointment, meet and organize by the election of one of their number president, and by the election of such other officers as they may deem neces- sary. They shall make and adopt such by-laws, rules and reg- ulations for their own guidance and for the government of the library and reading-room as may be expedient, not inconsis- tent with this act. They shall have the exclusive control of the expenditure of all moneys collected to the credit of the library fund, and of the construction of any library buildings and of the supervision, care and custody of the grounds, rooms or buildings constructed, leased, or set apart for that purpose : Provided , that all moneys received for such library shall be deposited in the treasury of said city to the credit of the library fund, and shall be kept separate and apart from other mon- eys of such city, and drawn upon by the proper officers of said city, upon the properly authenticated vouchers of the library board. Said board shall have power to purchase or lease grounds to occupy, lease or erect an appropriate building or buildings for the use of said library; shall have power to ap- 230 ST.VJTTKS It ELATING TO CITY. point a suitable librarian and necessary assistants, and fix their compensation, and shall also have power to remove such ap- pointees; and shall, in general, carry Out the spirit and intent of this act, in establishing and maintaining a public librar}’ and reading-room. 682. Who may use library.] § 6. Every library and reading-room, established under this act, shall be forever free to the use of the inhabitants of the city where located, always subject to such reasonable rules and regulations as the library board may adopt, in order to render the use of said library and reading-room of the greatest benefit to the greatest num- ber; and said board may exclude from the use of said library and reading-room any and all persons who shall willfully violate' such rules. And said board may extend the privileges and use of such library and reading-room to persons residing out- side of such city in this State, upon such terms and conditions as said board may from time to time by its regulations pre- scribe. [As amended by act approved March 27, 1874. In force July 1, 1874. 683. Report of directors.] § 7. The said board of direc- tors shall make, on or before the second Monday in June, an annual report to the city council, stating the condition of their trust on the first day of June of that year, the various sums of money received from the library fund and from other sources, and how such moneys have been expended, and for what purposes; the number of books and periodicals on hand, the number added by purchase, gift, or otherwise, dur- ing the year; the number lost or missing; the number of visi- tors attending; the number of books loaned out, and the gen- eral character and kind of such books; with such other sta- tistics, information and suggestions as they may deem of gen- eral interest. All such portions of said report as relate to the receipt and expenditure of money, as well [as] the number of books on hand, books lost or missing, and books purchased, shall be verified by affidavit. 684. Penalties.] § 8. The city council of said city shall have power to pass ordinances imposing suitable penalties for the punishment of persons committing injury upon such library LIBRARIES. 231 or the grounds or other property thereof, and for injury to or failure to return any book belonging to such library. 685. Donations.] § 9. Any person desiring to make donations of money, personal property or real estate for the benefit of such library, shall have the right to vest the title to the money or real estate so donated in the board of direc- tors created under this act, to be held and controlled by such board, when accepted, according to the terms of the deed, gift, devise or bequest of such property; and as to such property the said board shall be held and considered to be special trustees. 686. Powers of villages, towns and townships.] § 10. When fifty legal voters of any incorporated town, village or township shall present a petition to the clerk of the town, vil- lage or township (or trustee of schools in counties not under township organization), asking that an annual tax may be levied for the establishment and maintenance of a free pub- lic library in such town or township, and shall specify, in their petition, a rate of taxation not to exceed two mills on the dollar, such clerk (or trustee of schools in counties not un- der township organization) shall, in the next legal notice of the regular annual election in such town or township, give notice that at such election every elector may vote “For a mill tax for a free public library,” or “Against a mill tax for a free public library,” specifying in such notice the rate of taxation mentioned in said petition; and if the majority of all the votes cast in such town, village or township shall be “For the tax for the free public library,” the tax speci- fied in such notice shall be levied and collected in like manner with other general taxes of said town or township, and shall be known as the “Library Fund” : Provided , that such tax shall cease in case the legal voters of any such town, village or town- ship shall so determine by a majority vote, at any annual election held therein; and the corporate authorities of such towns or villages may exercise the same powers conferred upon^ the corporate authorities of cities under this act. 687. Directors in villages, etc.] §11. At the next regu- lar election after any town, village or township shall have voted to establish a free public library, there shall be elected STATUTES RELATING TO CITY. 232 a library board of six directors, one-third for one year, one- third for two years, one-third for three years, and annually thereafter there shall be elected two directors, who shall hold their office for three years and until their successors are elected and qualified ; which board shall have the same powers as are by this act conferred upon the board of directors of free pub- , lie libraries in cities. 688. Emergency. ] § 12. Whereas, all the libraries of Chicago were destroyed by the recent fire in that city, and large donations of books have been made to found a free li- brary, and whereas no suitable building or organization ex- ists to receive or preserve them, therefore an emergency exists that this law shall take effect immediately; therefore this act shall take effect and be in force from and after its passage. 689. Erection of building — plans — cost.] § 13. When- ever any board of directors of any public library, organized un- der the provisions of the act to which this is an amendment, shall determine to erect a building to be used for. their li- brary, or to purchase a site for the same, or both, or to ac- cumulate a fund for the erection of such building, or to pay for a library site, or both, they may do as follows : The directors shall cause a plan for such building to be pre- pared and an estimate to be made of its cost, or if for the pur- chase of a site, an estimate of its cost; they may then deter- mine the time or years over which they will spread the collec- tion of the cost of said building of site, or both, not exceeding twenty (20) years, and shall make a record of their said pro- ceedings and transmit a copy thereof to the city council for its approval. If the council shall approve the action of the board, the board shall divide the total cost of said building or site, or both, into as many parts as they shall determine to spread the cost of the collection thereof, and shall certify the amount of one of said parts to the city council each and every year during the time or term over which they shall have determined to spread the collection of the cost of said building, or site, or both. The city council on receiving the said last mentioned cer- tificate shall in its next annual appropriation bill include the LIBRARIES. 233 amount so certified, and shall levy and collect a tax to pay the same with the other general taxes of the city: Provided, the said levy shall not exceed five (5) mills on the dollar in any one year and shall not be levied oftener than for the number of years into which the library board shall have divided the costs of said building, or site, or both; and when said sum herein mentioned shall have been collected the said tax shall cease. [As amended by act approved and in force March 30, 1901. 690. Duty of board — erection of building — investment of funds.] § 14. The library board shall determine when they will proceed with the construction of the building; they may proceed at once or may determine to wait and allow the fund to accumulate, but shall not delay construction of said build- ing longer than for the collection of said fund. If they shall determine to wait, they shall certify their action to the city council and said city council shall invest said money in good interest paying securities, there to remain until the same is needed for the construction of the building under the pro- visions of this act. [Added by act approved June 19, 1891. In force July 1, 1891. L. 1891, p. 155. 691. How contract to be let.] § 15. When the directors shall determine to commence the construction of the building they may then revise the plan therefor or adopt a new plan and provide estimates of the costs thereof, and shall adver- tise for bids for the construction of said building and shall let the contract to the lowest and best responsible bidder, and may require from such bidder securities for the performance of his bid as the board shall determine : Provided , the said direc- tors may let the contract for one part of said building to one bidder, and for another part to another bidder as they shall determine: And provided, further, the board of directors shall not in any new plan increase the per cent of the tax levy hereunder, without the approval of the city council. [Added by act approved June 19, 1891. In force July 1, 1891. L. 1891, p. 155. 692. May rent portion — borrow money — tax levy.] § 16. If the board of directors shall think best, they may construct the building so that a portion thereof may be rented, and may 234 STATUTES RELATING TO CITY. at an}' time during the construction thereof borrow money and execute a mortgage on the lot and building not exceed- ing one-half the value thereof, and the money so obtained shall be used exclusively in the completion of said building. The levy of a tax hereunder shall not be included in the ag- gregate amount of taxes as limited by section one (1) of article eight (8) of “An act for the incorporation of cities and vil- lages,” approved April 10, 1872, and amendatory acts thereto, nor shall it affect any appropriation made, or to be made, for the support of the library. This act shall not apply to any city in this State having over one hundred thousand inhabitants. Approved May 10, 1901. AN ACT to enable library associations to sell and transfer their real and personal property. [Approved March 24, 1874. In force July 1,1874.] 693. Library associations may sell, etc., to public libraries — meeting — notice.] § 1 . Be it enacted % by the People of the State of Illinois, represented in the General Assembly, That whenever any library association organized under any law of this State, and owning any real or personal property in this State, shall desire to sell or lease the same, or any part thereof, absolutely or with conditions,, to the board of directors of any free public library, organized under the laws of this State, such sale or lease may be made in the manner following, viz: the directors of such association shall call a meeting of all the members, subscribers or stockholders thereof, to be held at the rooms of said library or office of the secretary of such as- sociation, written or printed notice of the time, place and object of such meeting, and of the terms and conditions of the proposed sale or lease being first mailed, at least thirty (30) days prior to the time of such meeting, to the address of each member, subscriber or stockholder whose place of residence is known to any of the officers or directors of such associa- tion, and by publishing such notice for at least thirty (30) con- secutive days next preceding the time of such meeting, in some newspaper published and of general circulation in the county where the property of said association is situate. 694. Vote — manner of making conveyance, etc.] § 2. If the members, subscribers or stockholders representing the ma- jority in amount of the stock of such association, shall vote. INCORPORATION OP LIBRARIES. 235 at such meeting, in favor of such sale or lease upon the terms or conditions speciiied in such notice, or, in case said asso- ciation shall consist of two or more departments, if a majority of the members, subscribers, or stockholders of each depart- ment shall vote at such meeting in favor of such sale or lease so specified, then the president and secretary shall cause a record of the proceedings of such meeting, verified by the oath •of the president thereof, together with an affidavit of the ser- vice or publication of notice as herein required, to be filed in the office of the clerk of the circuit court of the county where the property of such association is situate; after which the president and secretary of the said association shall be and are hereby authorized and empowered to execute any and all necessary deeds, leases, bills of sale, or other instruments in writing, to carry out the object and intent of said vote; which, when duly executed, shall be sufficient to pass to the board of directors of such free public library all the legal and equitable title of said associations in and to the real or personal prop- erty in said instrument described as therein set forth. INCORPORATION OP FREE PUBLIC LIBRARIES. AN ACT to encourage and promote the establishment of free public libraries in cities, villages and towns of this State. [Approved June 17, 1891. In force July 1, 1891. L. 1891, p. 154. 695. Trustees may form corporation to establish.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever property, real or per- sonal, has heretofore been or shall hereafter be devised or be- queathed by last will and testament, or granted, conveyed or donated by deed or other instrument, to trustees to be applied b} 7 - them to the foundation and establishment in any of the eities, villages and towns of this State of a free public library, it shall be lawful, when not otherwise provided in said will or other instrument of gift, for the acting trustees in any such ease, in order to promote the better establishment, mainten- ance and management of such library, to cause to be formed a corporation under the provisions of this act, with the rights, powers and privileges hereinafter provided for. 696. Corporation — how formed.] § 2. Such acting trus- tees may make, sign and acknowledge before any officer au- 236 STATUTES It ELATING TO CITY. thorized to take acknowledgments of deeds in this State, and file in the office of the Secretary of State a statement in writ- ing, in which shall be set forth the intent of such trustees to form a corporation under this act; a copy of the will or other instrument by w'liich endowment of said library has been pro- vided; the name adopted for the proposed corporation (which shall not be the name of any other corporation already exist- ing) ; the city, village or town in which the library and the principal place of business of the corporation will be located; the number^ of managers who may be denominated trustees, managers or directors of the corporation; and the names of the trustees, managers or directors who are to constitute the original board of such officers, and who shall hold until their successors respectively are elected and qualified, as in this act provided. 697. Perfecting organization — corporate purposes.] § 3. Upon the filing in his office of such a statement as aforesaid the Secretary of State shall issue to the incorporators, under his hand and seal of State, a certificate of which the aforesaid statement shall be a part, declaring that the organization of the corporation is perfected. The incorporators shall thereupon cause such certificate to be recorded in a proper record book for the purpose in the office of the recorder of deeds of the county in which the said library is to be located; and thereupon the corporation shall be deemed fully organized and may proceed to carry out its corporate purposes, and may receive by con- veyance, from the trustees under said will, deed or other in- strument of donation, the property provided by will or other- wise as aforesaid for the endowment of said library, and may hold the same in whatever form it may have been received or conveyed by said trustees until such form shall be changed by the action of the said corporation. 698. Powers of corporation — who members — property — taxa- tion.] § 4. Organizations formed under this act shall be bodies corporate and politic to be known under the names stated in the respective certificates or articles of incorporation; and by such corporate names they shall have and possess the ordinary rights and incidents of corporations, and shall be capable of taking, holding and disposing of real and personal INCORPORATION OF LIBRARIES. 237 estate for all purposes of their organization. The provisions of any will, deed or other instrument by which endowment is given to said library and accepted by said trustees, managers or directors shall, as to such endowment, be a part of the or- ganic and fundamental law of such corporation. The trustees, managers or directors of any such corporation shall compose its members, and shall not be less than seven nor more than fifteen in number; shall elect the officers of the corporation from their number; and shall have control and management of its affairs and property; may accept donations, and in their discretion hold the same in the form in which they are given, for all purposes of science, literature and art ger- mane to the object and purpose of said corporation. They may fill by election, subject to the approval of the chief jus- tice, for the time being, of the Supreme Court of Illinois, vacancies occurring in their own number by death, incapacity, retirement or otherwise, and may make lawful by-laws for the management of the corporation and of the library, which by- laws shall set forth what officers there shall be of the corpora- tion, and shall define and prescribe their respective duties. They may appoint and employ from time to time such agents and employes as they may deem necessary for the efficient admin- istration and conduct of the library and other affairs of the corporation. Whenever any trustee, manager or director shall be elected to fill any vacancy, a certificate under the seal of the corporation, giving the name of the person elected, shall be recorded in the office of the recorder of deeds where the arti- cles of incorporation are recorded. Whenever, by the provisions of such will, deed or other in- strument by which endowment is created, the institution en- dowed is declared to be and is free and public, the library and other property of such corporation shall be forever exempt from taxation. The trustees, managers or directors of such corporation shall, in the month of January in each year, cause to be made a re- port to the Governor of the State for the year ending on the thirty-first day of December, preceding, of the condition of the library and of the funds and other property of the corporation showing the assets and investments of such corporation in detail. 238 STATUTES RELATING TO CITY. 699. Records, etc., 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 the keeper thereof, and the corporate seal, if there be *any ; if not, under his hand and private seal. [See “Cities,” etc., ch. 24, § 65. R. S. 1845, p. 233, § 9. City of Alton v. Hartford F. Ins. Co., 72 111., 328. 700. Location of road — consent — notice — damages.] § 3. No such company shall have the right to locate or construct its road upon or along any street or alley, or over any public ground in any incorporated city, town or village, without the consent of the corporate authorities of such city, town or vil- lage nor upon or along any road or highway, or upon any public ground without any incorporated city, town or village, except upon the consent of the county board. Such consent may be granted for any period, not longer than twenty years, on the petition of the company, upon such terms and conditions, not inconsistent with the provisions of this act, as such cor- porate authorities or county board, as the case may be, shall deem for the best interests of the public: Provided , no such consent shall be granted unless at least ten days’ public notice of the time and place of presenting such petition shall have first been given by publication in some newspaper published in the city or county where such road is to be constructed, and except upon the condition that the company will pay all dam- ages to owners of property abutting upon the street, alley, road, highway or public ground upon or over which such road is to be constructed, which .they may sustain by reason of the loca- tion or construction of the road; the same to be ascertained and paid in the manner provided by law for the exercise of the right of eminent domain. 701. Township organization continued for park purposes.] § 1. Be it enacted by the People of the State of Illinois , rep- resented in the General Assembly, That where a town exist- ing under township organization, and being also one of two or more towns for park purposes and whose commissioners are corporate authorities thereof, duly authorized to levy taxes and assessments for park purposes, shall, by the order and de- CORPORATE AUTHORITIES — PROCURING LANDS. 239 termination of the county board be annexed to or consolidated with another town or towns as authorized by the law concern- ing township organization, such town shall, for such park purposes, remain and continue, and the corporate authorities aforesaid shall be continued with all their powers, duties and obligations, and all taxes and assessments for park purposes, shall be levied, extended and collected with like force and ef- fect as if such annexation and consolidation had not taken place. 702. When such parks pass from control of park board.] §3. In case any such parks so to be taken shall pass from the control of any such park board, the power and authority over the same, granted or authorized by this act, shall revert to the proper authorities of such city, town or village, as the case may be, as aforesaid. 703. Power of city or village.] § 4. Any city, town or village in this State, shall have full power and authority to vest any such board of public park commissioners with the right to control, improve and maintain any such park within the district over which such board of park commissioners has jurisdiction for the purposes of carrying but the provisions of this act, in accordance with its intent. CORPORATE AUTHORITIES— COSTS OF PROCURING LANDS. AN ACT to autJiorize the corporate authorities of town having an indebtedness heretofore created, to pay the cost of procuring lands for public parks in such towns, to issue and sell bonds to pay and refund such indebtedness. [Ap- proved June 14, 1887. In force July 1,1887. L. 1887, p. 243. 704 Lands for public parks — authority of corporate au- thorities to issue bonds to pay indebtedness.] § 1 . Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in any town which is now included within the limits of any city of this State in which a board of park commissioners shall now exist, having authority by law to acquire land and the appurtenances in trust for the inhabitants of such town, and of a division or part of such city, and for such parties or persons as may succeed to the rights of such inhabitants, and for the public as a public prom- enade and pleasure grounds and ways, but not for any other 240 STATUTES RELATING TO CITY. purpose, without the consent of a majority, by frontage, of the owners of the property fronting the same, and without the power to sell, alienate, mortgage or encumber the same, in which town there shall exist, at the time of the passage of this act, an indebtedness incurred for the purpose of paying the portion found payable by the public, of the cost of the land acquired for such parks and boulevards, pleasure grounds and ways, the corporate authorities of such town, meaning the town supervisor, clerk and assessor thereof, shall have authority and are hereby empowered to issue bonds for and on behalf of said town, to an amount not exceeding in the aggregate of principal, six hundred thousand dollars ($600,000) which, taken with and including existing indebtedness of said town, shall not, in the aggregate, exceed five per centum of the value of the taxable property therein, to be ascertained by the last assessment for State and county taxes previous to the issue from time to time of said bonds, for the purpose of funding and paying any bonds heretofore issued and sold by such park commissioners to raise money to pay the portion found payable by the public, of the cost of procuring the lands selected by such park commissioners for public parks and boulevards in such town. 705. 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 vil- lage, such corporation shall be liable to the person 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 penalties as may be provided by such city, town or village, the person aggrieved by the vio- lation of any of the provisions of this section, shall have an action against such corporation, so violating any of the pro- visions to recover a penalty of not less than one hundred dol- lars ($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 SALE OF LIQUORS OUTSIDE CITIES, ETC. 211 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, however, than fifty dollars ($50), where the offense 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. [As amended by act approved May 22, 1877. In force July 1, 1877. L. 1877, p. 165. SALE OF LIQUORS OUTSIDE CITIES, VILLAGES AND TOWNS. AN ACT to regulate the sale of intoxicating liquors outside the incorporated limits of cities, towns and villages. [Approved May 4, 1887. In force July 1, 1887. i.. 1887, p. 194. 706. Penalty for selling liquor outside limits of cities, towns and villages.] § 1 . Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whoever shall, outside of the incorporated limits of any city, town or village, by himself or another, either as principal, clerk or servant, directly or indirectly, sell, barter or exchange, or in any manner dispose of, for money or anything of value, any intoxicating liquors of any kind, in any less quantity than five gallons and in the original package as put up by the man- ufacturer, shall, for each offense be fined not less than fifty nor more than one hundred dollars, or imprisoned in the county jail not less than thirty nor more than ninety days, or both, in the discretion of the court. [Tipton v. People, 156 111., 241. 707. Any shift or device to evade, etc., an unlawful selling.] § 2. Any shift or device to evade the provisions of this act shall be held to be an unlawful selling. 707i/ 2 . How fine enforced.] § 3. Any fine or imprison- ment mentioned in this act may be enforced by indictment or information in any court of record having criminal juris- diction, or the fine above may be sued for and recovered be- fore any justice of the peace of the proper county, in the name of the People of the State of Illinois, and in case of convic- tion the offender shall stand committed to the county jail 242 STATUTES RELATING TO CITY. until the cost and judgment are fully paid or until discharged by order of the court before which the conviction was obtained. 708. What necesssary to show’ on prosecution.] § 4. In all prosecutions under this act by indictment or otherwise, it shall not be necessary to state the kind of liquor sold, or to describe the place where sold, except as herein required, nor to show the knowledge of the principal to convict. for the acts of an agent or servant, nor to state the name of the person to whom liquor is sold, and in all cases the persons to whom liquor shall be sold in violation of this act shall be competent witnesses. 709. Not to prevent county board from granting license.] § 5. Nothing contained herein shall be construed so as to prevent county boards from granting license to keep dram shops, as is now provided by law, and all persons keeping dram shops so licensed shall be exempt from the provisions of this act. SCHOOL DIRECTORS. AN ACT to provide for the appointmemt of School Directors, and members of the Board of Education in certain cases. Approved May 29, 1879. In force July 1, 1879. As amended by Act approved May 31, 1881. In force July 1, 1881. 710. School directors.] § 1. Be it enacted by the People of the State of Illinois , represented in the General Assembly, That in all cases whereby the provisions of any general or special law of thi's 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 education in and for the school district of which the said city shall constitute the whole or a part, the said school directors or members of the board of education shall hereafter be appointed as hereinafter provided. 711. School directors — how appointed.] § 2. It shall be the duty of the mayor of such city, at the first regular meet- ing of the city council, after each annual municipal election, and after his installation into office, to nominate and place be- fore the council for confirmation as school directors, or mem- bers of the board of education, as the case may be, one per- son from each ward of said city to serve for two years, and one person from the city at large to serve for one year, and SCHOOL DIRECTORS. 243 if the persons so appointed shall be confirmed by a majority vote of the city council, to be entered of record, the persons so appointed, together with such persons theretofore appointed under the provisions of the act to which this is an amend- ment, whose terms of service shall not expire within one year, shall constitute the board of education or school directors for such district : Provided, that the person appointed from the city at large for one year shall be president of said board of education or school directors, but shall have no vote in such board excepting in case of a tie: And provided , further , that the term of office of all persons heretofore appointed un- der the provisions of the act to which this is an amendment, whose term of office expires within one year, shall terminate at the first regular meeting of the city council after the an- nual meeting, and upon the appointment and confirmation of their successors. [As amended by act approved and in force May 28, 1889. L. 1889, p. 236. 712. Organization of board — powers — duties.] § 3. The said persons shall as soon as practicable after their appoint- ment organize by electing one of their number secretary, who shall hold his office for one year. All rights, powers and duties heretofore exercised by, and devolved upon, the mem- bers of the city council as ex-officio members of the board of education or school directors, shall devolve upon and be exer- cised by the members of the board of education and school di- rectors appointed under the provisions of this act. [As amended by act approved and in force May 28, 1889. L. 1889, p. 236. 713. Certificate of tax — limitation.] § 4. In all school districts to which this act shall apply, the boards of edu- cation or school directors shall annualty, 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 collected shall not 244 STATUTES RELATING TO CITY. exceed the amount now allowed to be collected for school pur- poses 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 be provided by the terms of the act under which such district 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. HOUSES OF CORRECTION. AN ACT to establish houses of correction, and authorize the confinement of con- victed persons therein. [Approved April 25, 1871. In force July 1, 1871. L. 1871-2, p. 481.] 714. Cities may establish.] § 1 . Be it enacted by the People of the State of Illinois , represented in the General As- sembly, That it shall be lawful for the municipal authorities, of any city within this State to establish a house of correc- tion, which shall be used for the confinement and punish- ment of criminals, or persons sentenced or committed thereto under the provisions of this act, or any law of this State, or ordinance of any city or village, authorizing the confinement of convicted persons, in any such house of correction. [As amended by act approved May 31, 1879. In force July 1, 1879. L. 1879, p. 177. 715. Inspectors — appointment — term of office.] § 2. The management and direction of any house of correction already established or which may hereafter be established in any such city, shall be under the control and authority of a board of in- spectors, to be appointed for that purpose as in this section di- rected. The mayor of said city shall, by virtue of his office, be a member of said board, who, together with three persons to be appointed by the mayor, by and with the advice and consent of the legislative authority of said city, shall con- stitute the said board of inspectors. The term of office for the appointed members of said board shall be Three years, but the members first appointed shall hold their office, respectively, as shall be determined by lot at the first meeting of said board, for one, two and three years from and after the first Monday in May, in the year of our Lord 1871, and thereafter one member shall be appointed each year for the full term of three years. HOUSES OF CORRECTION. 245 716. Rules — employees — appropriations.] § 3. That whenever a board of inspectors have been organized as in sec- tion second of this act directed, they shall have power and au- thority to establish and adopt rules for the regulation and dis- cipline of the said house of correction, for which they have re- spectively been appointed, and, upon the nomination of the superintendent thereof, to appoint the subordinate officers, guards and employees thereof; to fix their compensation and prescribe their duties generally; to make all such by-laws and ordinances in relation to the management and government thereof as they shall deem expedient. N"o appropriation of money shall be made by the said board of inspectors for any purpose other than the ordinary and necessary expenses and repairs of said institution, except with the sanction of the legislative authority of said city. 717. Compensation and duties of inspectors — records.] § 4. Said inspectors shall serve without fee or compensation. There shall be a meeting of the entire board, at the house of correction once in every three months, when they shall fully examine into its management in every department, hear and determine all complaints or questions not within the prov- ince of the superintendent to determine, and make such fur- ther rules and regulations for the good government of said house of correction as to them shall seem proper and neces- sary. One of said appointed inspectors shall visit the said house of correction once, at least, in each month. All rules, regulations or other orders of said board shall be recorded in a book to be kept for that purpose, which shall be deemed a public record, and, with the other books and records of said house of correction, shall be at all times subject to the exami- nation of any member or committee of the legislative author- ity, the comptroller, treasurer, corporation counsel or attor- ney of any such city. 718. Books — quarterly statement — accounts.] § 5. The books of said house of correction shall be so kept as to clearly exhibit the state of the prisoners, the number received and discharged, the number employed as servants or in cultivat- ing or improving the premises, the number employed in each branch of industry carried on, and the receipts from, and STATUTES RELATING TO CITY. 2IG expenditures for, and on account of, eacli department of bus- iness, or for improvement of the premises. A quarterly state- ment shall be made out which shall specify minutely, all re- ceipts and expenditures, from whom received and to whom paid, and for what purpose; proper vouchers for each, to be audited and certified by the inspectors, and submitted to the comptroller of said city, and by him, to the legislative authority thereof, for examination and approval. The accounts of said house of correction shall be annually closed and bal- anced on the first day of January of each year, and a full re- port of the operations of the preceding year, shall be made out and submitted to the legislative authority of said city, and to the Governor of the State, to be by him transmitted to the General Assembly. [As amended by act approved May 31, 1879. In force July 1, 1879. L. 1879, p. 177. 719. Further reports — removal of officers, etc.] § 6. The legislative authority of said city may require such further reports and exhibits of the condition and management of such institution as to them shall seem necessary and proper, and may, with the approval of the mayor, remove any inspector of said institution. But any subordinate officer or employee may be removed by the superintendent at his discretion, but imme- diately upon the removal of such officer or employee, he shall re- port to said board the name of the person removed, and th6 cause of such removal. 720. Duties of superintendent — appointment — term of of- fice — deputy.] § 7. The superintendent of" the said house of correction shall have entire control and management of all its concerns, subject to the authority, established by law, and the rules and regulations adopted for its government. It shall be his duty to obey and carry out all written orders and in- structions of the inspectors not inconsistent with the laws, rules and regulations relating to the government of said in- stitution. He shall be appointed by the mayor by and with the consent of said board of inspectors, and shall hold his of- fice for four years and until his successor shall have been duly appointed and qualified, but he may be removed b}^ the inspec- tors at any time, when in their judgment it shall be advis- able. He shall be responsible for the manner in which said HOUSES OF CORRECTION. 247 house of correction is managed and conducted. He shall re- side at said house of correction, devote all his time and atten- tion to the business thereof, and visit and examine into the condition and management of every department thereof and of each prisoner therein confined, daily. He shall exercise a gen- eral supervision and direction in regard to the discipline, po- lice and business of said house of correction. The deputy superintendent of said house of correction shall have and exercise the powers of the superintendent in his absence, so far as relates to the discipline thereof and the safe keeping of prisoners. 721. County may use house of correction.] § 8. The board of supervisors or commissioners of any county, and the board of trustees of any village or town, in any county in this State, in which a hou.se of correction is established, shall have full power and authority to enter into an agreement with the legislative authority of such city, or with any authorized agent or officer in behalf of such city, to receive and keep in said house of correction any person or persons who may be sentenced or committed thereto, by any court or magistrate, in any of said counties, whenever such agreement shall have been made, it shall be the duty of the board of supervisors or commissioners for any county in behalf of which, such agree- ment shall have been made, or of the trustees of the village or town, in behalf of which, such agreement has been made, as the case may be, to give public notice thereof, in some news- paper printed and published within said county, for a period not less than four weeks, and such notice shall state the pe- riod of time for which such agreement will remain in force. [As amended by act approved May 31, 1879. In. force July 1, 1879. L. 1879, p. 177. 722. Commitment.] § 9. In counties, towns and villages having such agreement with any such city, it shall be the duty of every court, police justice, justice of the peace, or other magistrate in such county, town or village, by whom any per- son, for any crime or misdemeanor, punishable by imprison- ment in the county jail, shall be convicted, to commit such person to the said house of correction, in lieu of committing him to the county jail, village or town calaboose, there to be 248 STATUTES RELATING TO CITY. received, and kept in the manner prescribed by law and the discipline of said house of correction. And it shall be the duty of such court, police justice, justice of the peace, or other magistrate, by a warrant of commitment, duly issued, to cause such person so sentenced, to be forthwith conveyed by some proper officer to said house of correction. [As approved May 31, 1879. in force July 1, 1879. 1 723. Conveying convict to house of correction — fees.] §10. It shall be the duty of the sheriff, constable or other officer in and for any county having such agreement with any such city to whom any warrant of commitment for that pur- pose may be directed by any court, justice or magistrate afore- said, in such count}', to convey such person so sentenced to the said house of correction, and there deliver such person to the keeper or other proper officer of said house of correction, whose duty it shall be to receive such person so sentenced, and to safely keep and employ such person for the term mentioned in the war- rant of commitment, according to the laws of said house of cor- rection; and the officers thus conveying and so delivering the person or persons so sentenced shall be allowed such fees, as compensation therefor, as shall be prescibed or allowed by the board of supervisors or commissioners of the said county. 724. Application of other laws, etc.] § 11. All pro- visions of law and ordinances authorizing the commitment and confinement of persons in jails, bridewells and other city pris- ons, are hereby made applicable to all persons who may or shall be, under the provisions of this act, sentenced to such house of correction. 725. House of shelter.] § 12. It shall be lawful for the inspectors of any such house of correction to establish in con- nection with the same a department thereof, to be called a house of shelter, for the more complete reformation and edu- cation of females. The inspectors shall adopt rules and regu- lations by which any female convict may be imprisoned in one or more separate apartments of the said house of correction, or of the department thereof called the house of shelter. The superintendent of said house of correction shall appoint, by (1) Note. — The act does not profess to amend this section, but the title is broad enough to embrace it. See Laws 1879, p. 177. HOUSES OF CORRECTION. 249 and with the advice of the board of inspectors, a matron and other teachers and employees for the said house of shelter, whose condensation shall be fixed, and provided for as in this act provided for the officers and other employees of the said house of correction. 726. Expenses.] § 13. The expenses of maintaining any such house of correction over and above all receipts for the labor of persons confined therein, and such sums of money as may be received from time to time by virtue of an agree- ment with a county, as in this act contemplated, shall be audited and paid from time to time by the legislative authority of such city, and shall be raised, levied and collected as the ordi- nary expenses of the said city. 727. United States convicts.] § 14. It shall be lawful for the inspectors of any such house of correction to enter into an agreement with any officer of the United States authorized therefor, to receive and keep in such house of correction any person sentenced thereto, or ordered to be imprisoned therein, by any court of the United States or other federal officer, until discharged by law. 728. Bridewell changed to house of correction.] § 15. That in any such city having, prior to the passage of this act, established a bridewell for the confinement of convicted pen sons, such institution shall, immediately upon the appoint- ment of the inspectors in this act contemplated, be known and denominated as the house of correction of the city in which it is located. 729. Salary of superintendent — record of conduct — good time.] § 16. The superintendent of any such house of cor- rection shall receive a salary per annum, to be fixed by the leg- islative authority of such city, to be paid quarterly. It shall be his duty to keep a record of each and all ‘infractions of the rules and discipline of said house of correction, with the names of each, the convict offending, and the date and character of each offense, and every convict sentenced or committed for six months or more, whose name does not appear upon such record, shall be entitled to a deduction of three days per month from his or her sentence, for each month he or she shall con- tinue to obey alb the rules of said house of correction. —10 250 STATl'T KS UI5LATI NO TO CITY. 730. Oath — bond.] § 17. The inspectors of any such house of correction and the superintendent thereof, shall, be- fore they enter on the duties of their respective offices, take and subscribe the usual oath of office. Said inspectors and superintendent shall severally give bond to such city with sureties, and in a penal sum such as may be required by the legislative authority thereof, for the faithful performance of their duties. [§ 18, repeal, omitted. See “Statutes,” ch. 131, § 5. 731. Tax on net receipts.] § 30. Every agent of any insurance company, incorporated by the authority of any other state or government, shall return to the proper officer of the county, town or municipality in which the agency is es- tablished, 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 municipal- ity, and subject to the same rate of taxation, for all purposes — State, county, town and municipal — that other personal prop- erty is subject to at the place where located; 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 section shall not be construed to prohibit cities having an organized fire department from levy- ing a tax, or license fee, not exceeding two per cent, in accord- ance with the provisions 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. [As amended by act approved May 31, 1879. In force July 1, 1879. L. 1879, p. 179. PUBLIC BUILDINGS. AN ACT to regulate the means of egress from public buildings. [Approved March 28, 1874. In force July 1, 1874.] 732. Doors to open outward.] g 1. Be it enacted by the People of the State of Illinois, represented in the General As- sembly, That all public buildings now in process of construction 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 PUBLIC BUILDINGS. 251 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 constructed that said doors shall 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 outwards from the main hall or building. 733. 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 . 734. When public buildings may be closed.] § 3. That in all cities and towns having a population of two thousand inhabitants, and upwards, the mayor, or other corporate au- thorities of said town or city, shall be empowered and he is hereby authorized to close and prohibit all public buildings, hereafter erected, from being used in violation of this act. 735. City, or if not in city, county, liable for three-fourths damages.] § 1 . Be it enacted by the People of the State of Illinois , represented in the General Assembly , That whenever any building or other real or personal property, except property in transit, shall be destroyed or injured in consequence of any mob or riot composed of twelve or more persons, the city, or if not in a city then the county in which such property was destroyed, shall be liable to an action by or in behalf of the party whose property was thus destroyed or injured, for three- fourths of the damages sustained by reason thereof. 736. Action, how brought — judgment.] § 2. Such ac- tion may be brought in the form of an action on the case, or other appropriate action, and whenever any final judgment shall be secured against any such city or county in any such action, the same shall be paid in due course as in case of other judgments. 737. When entitled to recover.] § 3. No person or in- corporation shall be entitled to recover in any such action if 252 STATUTES RELATING TO CITY. it shall appear on the trial thereof that such destruction or injury of property was occasioned, or in any way aided, sanc- tioned or permitted by the carelessness, neglect or wrongful act of such person or corporation; nor shall any person or cor- poration be entitled to recover any damages for any destruc- tion or injury of property as aforesaid, unless such party shall have used all reasonable diligence to prevent such damage. 738. Action by party against persons engaged in riot — lien of city, etc.] § 4. Nothing in this act shall be con- strued to prevent any person or corporation whose property has been injured or destroyed in consequence of any mob or riot, from having or maintaining an action or actions against any person or persons, engaged or in any manner participat- ing in such mob or riot, for the recovery of the damages sus- tained thereby : Provided , that when such city or county, shall have paid any part of such damage, such city, or county, making such payment shall have a lien to the amount so paid upon any judgment or claim, against any person or persons engaged in, or in any manner participating in such mob or riot, together with the right and power to enforce and collect such judgment or claim, and when such city or county shall have been reimbursed the money so paid by it, such portion of such judgment or judgments, or claim or claims remain- ing unpaid shall then revert to, and become the propert}' of the original owner thereof, and such owner shall have the right to enforce and collect the same. 739. Action by city or county against persons engaged in riot.] § 5. It shall be lawful for the city or county against which a judgment, or judgments, for damages shall be recov- ered under the provisions of this act, to bring an action, or actions against any person or persons engaged or in any man- ner participating in said mob or riot, for the recovery of the amount of said judgment or judgments and costs, and such action shall not abate or fail by reason of too many or too few parties defendant being named therein; the same shall to all intents and purposes be treated as an action of trespass brought by the owners of such property, except that the statute of lim- itations as to such action shall not begin to run against said PUBLIC BUILDINGS. 253 city or county until its liability is fixed by judgment as here- inbefore provided. 740. Notice of claim of damages — when action shall be brought.] § 6. No action shall be maintained under the provisions of this act, by any person or corporation whose property shall have been destroyed or injured as aforesaid, un- less notice of claim for damages be presented to such city or county within thirty days after such loss or damage occurs and such action shall be brought within twelve months after such destruction or injury occurs, but nothing in this act shall be. construed as authorizing any recovery by the United States, the State of Illinois, or any county, for the destruction of, or injury to property by mobs or riots. 741. When city or county settles claim.] § 7. Any city or county may settle with, and pay, the owner of any such property the damages so sustained ; and any such city or county which shall have paid any sum under the provisions of this act, whether by voluntary settlement or otherwise, may recover the same with all costs paid by it from any or all the persons engaged in the destruction or injury of the property so paid for. 742. 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 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 pub- lic 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 writ- ing, and shall be recorded in the recorder’s office of the county. And such county board, or the city council, or board of trus- tees 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 abutments, and also in the height of the wires, having first given the company or its agent opportune to be heard in regard to such alteration. 234 STATUTES RELATING TO CITY. 743 . Exception as to cities and villages.] § 4 . In towns in which there are incorporated cities or villages, the boundaries of which are co-extensive with the limits of the town, or the town lies wholly within the limits of an incorpo- rated city or village, the electors shall not exercise the sev- eral powers contained in subdivisions of section 3 of this- ar- ticle, namely: 3, 5, 6, 7, 8, 9, 10, 11, 12 and 13; but all moneys necessary to be raised, in such towns for town expenses shall be ascertained by the county board, and the county clerk shall extend the amount so ascertained upon the collector’s books of such town, and when collected, the same shall be paid over to the town supervisors the same as in other towns, and the powers and provisions of all cities and villages under their organic law shall not be repealed by any of the provisions of this article. VACATION OF STREETS, ALLEYS AND HIGHWAYS. AN ACT to revise the law in relation to the vacation of streets and alleys. [Ap- proved March 24, 1874. In force July 1, 1874.] 744 . 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 incorporated 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 bo taken by ayes and noes, and en- tered on the records of the council or board. And when prop- erty is damaged by the vacation or closing of any street or alley, the same shall be ascertained and paid as provided by law. [See “Eminent Domain,” ch. 47. L. 1865, p. 130, § 1. 745 . 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 boards, or other authority authorized to vacate the same, the lot or tract of land immediately adjoining on either side shall ex- tend to the central line of such street, alley, lane or highway PUBLIC BUILDINGS. 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 division is inequitable, in which case the street, alley, lane or highway so vacated shall be di- vided according to the equities of the adjoining owners. TL. 1865, p. 180, § 1. 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. L. 1877, p. 212. 746. Territory of city organized as town.] § 1 . Be it enacted by the People 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 as 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. 747. Town in city.] § 2. The territory of any city now organized, within the limits of any county under township or- ganization, and not situated within any town, shall be deemed to be a town. 748. Election of officers.] § 3. All town officers within any town organized as aforesaid shall be elected at the annual charter election of such cit}L All general elections held in such city and town, shall be held at the same voting places as the city elections, with judges and clerks appointed in like man- ner as for the city elections. 749. Powers exercised by council.] § 4. The powers vested in such town shall be exercised by the city council. 750. What city council may provide.] § 5. The city council in such city and town, may by ordinance, provide that the officers of city and town clerk shall be united in the same person; that the officers of treasurer and town collector shall be united in the same person; that the election of highway commissioners shall be discontinued, and that the offices of supervisor and poormaster, shall be separated, and the poor- 250 STATUTES RELATING TO CITY. master appointed by the city council. [As amended by act ap- proved June 18, 1883. In force July 1, 1883. L. 1883, p. 174. 751. May regulate the number of justices.] § 6. The city council in such city and town may from time to time reg- ulate the number of justices of the peace, police magistrates and constables to be elected within such city and town; but the number elected to either of such offices shall not exceed the num- ber allowed by law to other towns of like population. 752. Vacancies.] § 7. Vacancies in any of the town of- fices within such city and town may be filled by the city council. PLATS TO BE RECORDED, ETC. 753. Plats of highways, etc., to be 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 cor- porations, public or private, laying out, locating, opening, widening, extending or altering the same, to cause a plat there- of 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 premises 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 al- tered; and when any highway, road, street, alley, public ground, toll-road, railroad or canal is vacated, the order, ordinance or other declaration vacating the same shall be in like manner re- corded. This act shall not be construed to alter or effect any law specifically providing for the recording of any sucli plat, or to require the same to be recorded sooner than is so specifically provided; except that any requirements 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 re- fusal or neglect after conviction therefor, to be recovered be- PLATS TO BE RECORDED. 257 fore 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. [R. S. 1845, p. 487, § 33. 754. 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 he 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. 755. Prosecuting attorneys of city courts.] § 6. That each prosecuting attorney of such inferior court, othet than the State’s attorney, shall be allowed and receive in full com- pensation for all services rendered as prosecuting attorney of such court, an annual salary of $250, to be paid by the town or city. AN ACT to provide for the removal of cemeteries. [Approved April 24, 1873. In force July 1, 1873.] 756. When cemetery may be removed — expense.] § 1 . Be it enacted by the People of the State of Illinois, represented in the General Assembly , That whenever any cemetery shall be 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 re- moved to some other suitable place: Provided, said corporate chartered society, the corporate authorities of such town or city authorities shall have first obtained the assent of the trustees or other persons having the control or ownership of said ceme- tery, or a majority thereof : And provided, further, that when such cemetery is owned by one or more private parties, or pri- vate corporation or chartered society, the corporate authorities of such town or city may require the removal of such ceme- tery to be done at the expense of such private parties, or pri- vate corporation or chartered society, if such removal be based upon their application. 757. May establish and maintain cemeteries — acquire lands for.] § 1 . 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 condemnation or 5358 STATUTES RELATING TO CITY. 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: Provided, associations duly incorporated under the laws of this State for cemetery purposes shall have the same power and authority to purchase lands and sell lots for burial purposes as are conferred upon cities, villages or townships under this act. Approved May 11, 1901. 758. Power of two or more cities, villages, or townships to establish jointly>] § 2. That any two or more cities, villages or townships in this State may jointly unite in establishing and maintaining cemeteries within and without the corporate lim- its of either, and acquire lands therefor in common, by pur- chase, condemnation or otherwise, and may lay out lots of con- venient size for families, and may sell lots for family burying ground or to individuals for burial purposes. AN ACT in relation to the control of public graveyards. [Approved May 29, 1879. In force July 1, 1879. L. 1879, p. 63. 759. Control by corporate authorities.] § 1 . Be it enacted by the People of the State of Illinois, represented in the Gen- eral Assembly, That public graveyards in this State, not under the control of any corporation sole organization or society and located within the limits of cities, villages, towns, townships, or counties not under township organization, shall and may be controlled or vacated by the corporate authorities of- such city, village, town, township or county, in such manner as such au- thorities may deem proper, and in the case of towns, such con- trol may be vested in three trustees, to be elected annually by the voters of such town at the annual town meeting therein. TO PROTECT THE LABOR OF NATIVE AND NATURALIZED AMERICAN CITIZENS. AN ACT to protect the labor of native and naturalized American citizens, and of those who have in good faith declared their intentions to become naturalized American citizens. Approved June 1, 1889. In force July 1, 1889. L. 1889, p. 2. 760. None but citizens, or those having declared their in- tention, to be paid from public funds.] § 1 . Be it enacted by the People of the State of Illinois, represented in the General Assembly, That it shall be unlawful for* any board or com- TO PROTECT LABOR OF CITIZENS. 259 mission, or any officer or other person acting for the State, or for any county, township, city, village, district, or other mu- nicipality in the State, or any contractor, or sub-contractor, under any or either of said municipalities, to employ any per- son or persons, other than native born or naturalized citizens, or those who have in good faith declared their intentions to become citizens of the United States, when such employes are to be paid, in whole or in part, directly or indirectly, out of any funds raised by taxation. 761. Person employing labor to be paid out of public funds to make list, etc.] § 2. It shall be the duty of any person or persons employing labor or other services, to be paid for, in wdiole or in part, directly or indirectl}-, out of any funds raised by taxation, to tile with the treasurer or disbursing of- ficer of such funds a certificate showing to the best of his knowledge ' and belief that the persons so employed, and on whose account payment is to be made out of such public funds, are citizens of the United States, or have in good faith de- clared their intentions to become such citizens, or are of such age or sex that they can not declare their intention to become citizens, or can not be formally declared to be citizens by an order of a court of record. ’ 762. Penalty for violating this act.] § 3. Any treasurer or disbursing officer, w T ho shall knowingly or willfully pay out any of the funds in his hands, raised by taxation, to any per- son not a native born or naturalized citizen, or who has not in good faith declared his intentions to become a citizen, for labor or any other services, shall be liable to the municipality to which such funds belonged for the amount so paid, to be recovered in any court of competent jurisdiction: Provided , that when such payment is made on the requisite certificate of the employer, no liability shall attach to such treasurer or disbursing officer. 763. Making false certificate — penalty.] § 4. Any em- ployer, contractor or sub-contractor, or other person, whose employes are to be paid in whole or in part, directly or indi- rectly from funds raised by taxation, who shall knowingly or negligent!}- make false certificate that said employes are native STATUTES RELATING TO CITY 260 or naturalized citizens, or have declared their intentions to become citizens for the purpose of drawing such funds or any part thereof, shall be personally liable to the municipality to which such funds belonged for the amount so drawn, and any alien who earns wages, the pay for which is to come out of any such public funds by falsely representing that he is a na- tive or naturalized citizen, or has declared his intention to be- come a citizen, shall forfeit the amount so earned. Such con- tract is declared null and void. 764 . Employer to investigate and discharge aliens.] § 5. Whenever any employer, contractor or sub-contractor, by writ- ten or oral information, or from any source has reason to be- lieve that he has in his employ persons other than native or naturalized citizens, or those who have in good faith declared their intentions to become citizens, whose pay is to be drawn in whole or in part, directly or indirectly, from such public funds, he shall at once investigate the matter, and if he shall find said information to have been correct, he shall discharge such employe or employes, and a failure to do so shall render him liable to the municipality to which such funds belonged for any of such funds paid to such alien for labor or services performed after such discovery. 765 . Failure to take final papers.] § 6. In all cases where an alien, after filing his declaration of intention to become a citizen of the United States, shall, for the space of three months after he could lawfully do so, fail to take out his final papers and complete his citizenship, such failure shall be prima facie evidence that his declaration of intentions was not made in good faith. ELECTION'S, BALLOT BOXES. 766 . § 1 . Be it enacted by the People of the State of Illi- nois , represented in the General Assembly , That the act ap- proved June 27, 1885, and in force July 1, 1885, entitled “An act to amend an act approved and in force March 9, 1877, and which is entitled ‘An act to amend 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 that the portion ELECTIONS BALLOT BOXES. 261 of said act designated therein as section seven shall be further amended so as to read as follows : 767. Ballot boxes — polling places — canvass — town meet- ings.] § 7. The town shall supply a suitable ballot box or boxes, to be kept and used in like manner as ballot boxes in other elections. In incorporated towns or incorporated vil- lages whose limits are co-extensive with the limits of a town, or in any organized town where the number of voters at the last preceding general election exceeded fomr hundred and fifty, the county board may require one or more additional ballot boxes and places for the reception of votes to be pro- vided, which places shall be selected with reference to the con- venience of the electors of the town, and the county board in such cases shall designate at which of said polling places the miscellaneous business of the town shall be transacted, and shall appoint three persons in each precinct to serve as judges of election : Provided , however , that in towns which lie wholly within the limits of an incorporated city and in any town whose territorial limits are co-extensive with the territorial limits of any incorporated city, village or incorporated town, the common council of such city, or the board of trustees of such incorporated village or town, shall divide such towns into election precincts, and designate the voting place in each pre- cinct, and appoint three judges of election for each precinct, who may be the same persons as are appointed as judges of election for city, town or village officers, held on the same day; and shall also designate the place where the miscellaneous bus- iness of the town shall be transacted. In such towns, it shall be lawful to print or write the' names of candidates for city and township officers, on one ballot, and use only one ballot box at each voting place. And in all* towns that are thus di- vided into voting precincts, 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, city council or board of trustees has directed and required the election to be held, and of the place designated for the transaction of the miscellaneous business of the town. The town meeting for the transaction of such miscellaneous STATUTES 11KLATJ NO TO CITY. 262 business in such towns shall be held at the hour of two o’clock in the afternoon of said day. At such 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. The judges of election, in their respective precincts, shall cause two persons having similar qualifications with themselves to act as clerks of such election, and said judges and clerks shall conduct such election as nearly as may be in accordance with the general election laws of this State so far as applicable, except that no registration of voters shall be re- quired; and immediately upon closing the polls, they shall can- vass the votes polled in the manner provided in the general election law of the State, and make a written statement or certi- ficate 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 certificate and the poll-lists, together with the ballots cast at such election, to be separate^ sealed up and transmitted to the clerk of the town. The supervisor, together with the asses- sor and collector, shall, within five days thereafter, meet and canvass said returns and declare the result of said election: Picvided , further , that this act shall not be construed in any manner to amend, modify or repeal any of the provisions of an act entitled “An act regulating the holding of elections and declaring the result thereof in cities, villages and incorporated towns in this State,” approved June 19, 1885, nor shall the provisions of this act apply to or affect any city, village or in- corporated town that has, by a vote of the electors thereof, adopted the provisions of the act lgst hereinabove mentioned. [Approved May 25, 1889. AN ACT to prevent animals from running at large within the corporate limits of incorporated cities, villages and towns. [Approved June 16, 1891. 768. Prohibits animals from running at large in cities, towns and villages.] § 1 . Be it evicted by the People of the State of Illinois, represented in the General Assembly, That do- mestic animals of the species of horse, mule, ass, cattle, sheep, goat or swine, shall not be allowed to run at large within the corporate limits of any incorporated city, village or town in this State, any law or ordinance to the contrary notwithstanding. BONDS — MUNICIPAL. 263 769. Penalties.] § 2. Any owner of any such domestic animal, who shall suffer or allow the same to run at large in an}* incorporated city, village or town within this State shall be fined in any sum of not less than one dollar nor more than ten dollars for each and every animal so suffered or allowed to run at large, which fine may be recovered before any justice of the peace of the county. 770. Animals may be held for fines and damages.] .§ 3. Whenever any such domestic animal shall be found running at large contrary to the provisions of this act, the same may be restrained by any resident of the incorporated city, village or town m which the same is found running at large until the fine and costs are paid, and also all damages done by any such domestic animal so running at large, to the property of the person, restraining. BONDS — MUNICIPAL. 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 force July 1, 1879. 771. New bonds may be issued for indebtedness in place of old ones.] § 1 . That in all cases where any county, city, town, township, school district, or other municipal corporation, has issued bonds or other evidences of indebtedness, for money, or has contracted debts, which are the binding subsisting legal ob- ligations of such county, city, town, township, 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 sur- render 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 pre- pared as hereinafter directed, and for such amounts, upon such time not exceeding 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 outstanding bonds or other evidences of indebtedness: Provided , that bonds issued under this act, to mature within 2C-A STATUTES NEGATING TO CITY. five years from llicir date, may bear interest not to exceed eight per cent, per annum. And it shall also be lawful for the proper corporate authorities of any such county, city, town, township, school district or other municipal corporation, to cause to be thus issued, such new bonds and sell the same, to raise money to purchase or retire any or all of 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 cor- porate authorities aforesaid, in the purchase or retiring of the outstanding bonds or other evidences of indebtedness of such county, city, town, township, school district, or other municipal corporation, and for no other purpose whatever. All bonds, or other evidences of indebtedness, 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 bo prescribed 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 hereiii 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 issue; the second at the end of two years, and thus to the end of the series, the class to be issued being at the option of the legal voters expressed as herein pro- vided. In any case, the new bonds, or other evidences of in- debtedness, 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 BONDS — MUNICIPAL. 265 •can be obtained: Provided, always, that any such county, city, town, township, school district or other municipal corporation issuing bonds under the provisions 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 the intervention of the Auditor of State. And 'provided, further , that no new bonds, or other evidences of in- debtedness, 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, township, school district, or other municipal corporation voting at some general election, or special election held for that purpose. 772. Valuation of taxable property to be 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 count} r , 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 dis- trict, 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 corpora- tion, 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 evidences 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. STATUTES It ELATING TO CITY. . 206 773 . 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 peti- tion of ten legal voters, resident therein, to submit to the voters thereof, at any general or special election, the question of issu- ing 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 election, 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 1805, as hereby amended, and as also amended by the said act of 1877; the 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 the 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 shall be issued in conformity to the specifications of said notice. Nothing con- tained 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 to in anywise affect any other law which authorizes municipal corporations to issue bonds, or other evidences of intebtedness, and whieh does not provide for the registration thereof. 774 . 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 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 informa- BONDS — MUNICIPAL. 2G7 tion in relation thereto, which may be demanded by the Auditor of Public Accounts. 775. 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 pro- perty to be transmitted to him, as aforesaid, ol, 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 corporation, for the year next preceding, estimate and determine the rate per centum, upon the valuation of such property, re- quisite to meet and satisfy the said interest, or interest and principal, as the case may be, together with the ordinary 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, towm- ship, school district, or other municipal corporation, a certificate setting forth such estimated requisite per centum for such pur- poses, 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 purposes of State revenue, and shall be so treated by such clerk, officer or authority in making such estimates and books for the collec- tion 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 in- 208 STATUTES RELATING TO CITY. terest 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. 776. State custodian — collection — payment.] § 6. The State shall be deemed the custodian only of the tax so collected, and shall not bo 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 appropriated 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 registered bonds, or evidences of indebtedness, of anv such county, city, town, township, school district, or other municipal corporation, to the extent the same is herein con- templated to be derived from such tax, in the same manner as the interest 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 endorsed 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 cancelled and returned to the corporate authorities of the muni- cipality which issued the same, in the manner now provided by law. 777. How money disbursed.] § 7. The State ma} T , 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 indebtedness, or interest coupon of any such county, city, town, township, school district, or other municipal corporation, for payment, at the times and when and where the interest on the State debt BONDS — MUNICIPAL. 269 is or may be paid, then, on the beginning of the next year, the moneys by reason thereof undisbnrsed, together with any surplus for any cause remaining, shall be carried to the fund of such county, city, town, township, school district, or other municipal corporation, 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 accordingly. All laws relating to the payment of interest on the State debt, or the cancellation of the evidences {hereof, not inconsistent with this act, shall apply to the receipt, custody and disburse- ment of the taxes and funds provided by this act. 778. 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 municipal 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 indebtedness, 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, together with the cost to the State of the collection and disbursement 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 indebted- ness, by the collection of an annual tax sufficient for the pur- poses in the section contemplated; and the same shall be col- lected 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. 779. Entry of payment.] § 9. Upon the payment of. any such registered bond, or evidence of indebtedness, and presenta- tion thereof to the Auditor, he shall cause due entry thereof to be made in his office. 780. Fees — collector’s bond.] § 10. There shall be allowed to the officers collecting and paying over the taxes authorized to be collected under the provisions of this act, the 270 STATUTES It ELATING TO CITY. same fees or compensation as is allowed by law for collecting 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. 781. Bonds — by whom executed.] § 11. All bonds issued under this act shall be executed on behalf of the municipalities issuing the same, by the following named officers, viz: On be- half of counties under the township organization laws of this State, by the chairman of the board of supervisors, and the clerk of the county court attesting the same with his signature and official seal. On behalf of counties not under township organiza- tion, by the acting chairman of the board of county commis- sioners, 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 organi- zation 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, together with the clerk or secretary thereof : Provided , that nothing herein contained shall be so construed as to authorize the officers herein mentioned to issue bonds under this act, ex- cept upon a majority vote of the voters, as hereinbefore provided. [This section added to the foregoing act by act approved May 28, 1879, in force July 1, 1879. AN ACT to provide for the printing: and distribution of ballots at public expense, and for the nomination of candidates for public offices, to regulate the manner of holding elections, and to enforce the secrecy of the ballot. 782. Printing and delivery of ballots — cards of instruction.] § 2. The printing and delivery of the ballots and cards of in- struction to voters hereinafter described, shall, in municipal elections in cities, villages and incorporated towns, be paid for by the several cities, villages and incorporated towns respectively, and in town elections by the town, and in all other elections the printing of the ballots and cards of instruction for the voters in each county and the delivery of them to the several voting precincts and election districts shall be paid for by the several BON DS — MU NICIPA L. 271 counties respectively. The term "general election” as used in this act, shall apply to any election held for the choice of a national, State, judicial, district or county officer, whether for the full term or for the filling of a vacancy. The term "city election” shall apply to any municipal election held in a city, village, or incorporated town. ********** 783. Nominations.] § 5. Nominations of candidates for any office to be filled by the voters of the State at large may also be made by nomination' papers, signed in the aggregate for each candidate by not less than one thousand (1,000) qualified voters of the State. Nominations of candidates for office Avithin any district or political division less than the State and in all cities having a population in excess of 5,000 may be made by nomination papers signed in the aggregate for each candidate by qualified voters of such district or political division not less than one for each fifty persons who voted at the next preceding general election in such district or division, but in no case by less than twenty-five (25). In elections to be held in a town, village, precinct or ward, and in all cities Avith a population not exceeding 5,000, the signature of voters thereof equaling 5 per cent, of the vote cast therein at the last preceding election shall be sufficient for the nomination of a candidate Avho is to be voted for only in such toAvn, village, precinct or Avard or city. Each voter signing a nomination paper shall add to his signature his place of residence, and each voter may subscribe to one nomina- tion for each office to be filled and no more: Provided, that the name of any candidate whose name may appear in any other place upon the ballot shall not be so added by petition for the same office. 784. Certificates of nomination and nomination papers.] § 7. Certificates of nomination and nomination papers for the nomination of candidates for office to be filled by the electors of the entire state, or any division or district greater than a county, shall be filed with the Secretary of State at least thirty days previous to the day of election for which the candidates are nominated. All other certificates for the nomination of candidates shall be filed Avith the county clerk of the respective STATUTES RELATING TO CITY. 070 /V I V counties at least 'thirty days previous to the day of such election: Provided, that certificates of nomination and nomination papers for the nomination of candidates for the offices in erties, villages and incorporated towns and for town offices in counties under township organization shall be filed with the clerks of the towns, cities, villages and incorporated towns at least fifteen days previ- ous to the day of such election. 785. Objections to nominations.] § 10. Objections or questions arising in the case of nominations of city, town or village officers shall be considered by the mayor or president of the board of trustees, and the city, town or village clerk, with whom one alderman or trustee thereof, as the case may be, chosen by lot shall act, and the decision of a majority of such officers shall be final. Such objections arising in the case of nomina- tions of town officers shall be considered by the board of auditors of such town, and the decision of a majority of such auditors shall be final. In any case where such objection is made, notice shall forthwith be given to the candidates affected thereby, addressed to their places of residence as given in the nomination papers and stating the time and place when and where such objections will be considered: Provided , that in cities, towns or villages having a board of election commissioners such ques- tions shall be considered by such board and its decision shall be final. 786. Printing of ballots — charge of.] § 15. For all elec- tions to which this act applies, the county clerks, in their re- spective counties, shall have charge of the printing of the ballots for all general elections, and shall furnish them to the judges of election; the city, town or village clerk shall have charge thereof and furnish them in all city elections, and the town clerk in counties under township organization shall have charge thereof and furnish the same in all town elections to which this act applies : 787. Opening and closing polls.] § 34. At all elections - to which this act applies, except at elections held in cities, vil- ELECTORS — REGULATION OF. 273 lages and incorporated towns which have heretofore adopted or may hereafter adopt the provisions of an act entitled “An Act regulating the holding of elections and declaring the re- sults thereof in cities, villages and incorporated towns,” ap- proved J une 19, 1885, the polls shall be opened at seven o’clock in the morning and shall be closed at five in the evening. ELECTORS — REGISTRATION 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. 788. Board of registration — meeting — register — for munici- pal election.] § 1. Be it enacted by the People of the State of 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 : That the persons authorized by law, or appointed pursuant to any town or city ordinance, to act as judge 9 or inspectors of elections in any town, city or ward or other election district or precinct in this State, shall constitute a “Board of Regis- try” for their respective towns, cities, wards, districts or pre- cincts, 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 en- titled to vote at the ensuing election, in the election district of which they are the judges or inspectors; which list, when com- pleted, shall constitute and be known as the “Register” of elec- tors of said election district. In election districts in towns which lie wholH within the limits of an incorporated 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. 1 789. Repeal.] § 2.* All acts or parts of acts inconsistent herewith, are hereby repealed. [See “Registration of Electors,” chap. 46, Rev. Stat. (Hurd) 1883. 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 objec- tion 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. 274 STATUTES RELATING TO CITY. EVIDENCE. AN ACT in regard to evidence and depositions in civil cases. [Approved March ^0. 1872. In force July 1, 1872. if:*******#* 790. 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 he any; if not, under his hand and private seal. 791. 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, cer- tified under the hand of the secretary, clerk, cashier or keeper of the same. If the corporation or incorporated association has a seal, the same shall be affixed to such certificate. 792. Form of certificate.] § 16. The certificate of any such clerk of a court, city', village, town, county, or secretary, 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. #########* 793. Sworn copies.] § 18. Any such papers, entries, records and ordinances, may be proved by copies examined and ■sworn to by credible witnesses. 794. Penalty.] § 19. If any such officer, clerk, secretary, cashier, justice of the peace, or other person authorized to cer- tify copies of any papers, entries, records or ordinances, shall knowingly make a false certificate, he shall be punishable in the same manner as if he were guilty of perjury. INSURANCE COMPANIES. ' AN ACT to amend section thirty (30) of an act entitled “An act to incorporate arid 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. Be it enacted by the People of the State of Illinois , repre- sented in the General Assembly , That section thirty (30) of an act entiteld “An Act to incorporate and to govern fire, ma- rine and inland navigation insurance companies, doing bus- WARRANTS. 275 ness in the State of Illinois,” approved March 11 , 1869 , be and the same is hereby so amended as to read as follows : 795. 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 prop- erty is subject to at the place where located; said tax to be in lieu of all town and municipal licenses; and all laws and parts of laws inconsistent herewith are hereby repealed: Pro- vided, that the provisions of this section shall not be construed to prohibit cities having an organized tire department from levying a tax, or license fee, not exceeding two per cent., in accordance with the provisions of their respective charters, on the gross receipts of such agency, to be applied exclusively to the support of the tire department of such city. WARRANTS. AN ACT to provide for the manner of issuing warrants upon the treasurer of any ^ county, township, city, school district or other municipal corporation and jurors’ certificates. [Approved May 31, 1879. In force July 1, 1879. Laws 187 9 p. 78. 796. When warrants may be drawn.] § 1 . Be it enacted by the People of the State of Illinois , represented in the General Assembly , That warrants payable on demand, shall hereafter be drawn and issued upon the treasurer of this State or of any county, township, city, school district or other municipal cor- poration, or against any fund 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. 797. Not sufficient money — issue of warrants.] § 2 . That whenever there is not sufficient money in the treasury of any county, city, town, village, school district or other muni- cipal corporation to meet and defray the ordinary and necessary 270 STATUTES DELATING TO CITY. expenses thereof, it shall be lawful for the proper authorities thereof to provide a fund to meet said expenses by issuing and disposing of warrants drawn against and in anticipation of any taxes already levied by said authorities for the payment of the ordinary and necessary expenses of such county, city, town, village, school district or other municipal corporation, to the extent of seventy-five per centum of the total amount of any such tax levied : 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 he 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. 798 . Warrants draw interest — rate — publication to stop interest.] § 3. Every warrant issued under this act shall, unless paid within thirty days after its issuance, bear interest, payable only out of the taxes against which it shall be drawn, at the rate of five per cent per annum from the date of its issu- ance until paid, or until notice shall be given by publication in a newspaper or otherwise that the money for its payment is available, and that it will be paid on presentation unless a lower rate of interest shall be specified therein, in which case the inter- est shall be computed and paid at such lower rate. All jurors’ certificates shall hereafter be issued in conformity with the provisions of this act. 799 . § 2. An act entitled, “An act to provide for the pay- ment of interest on warrants of municipal corporations,” ap- proved June 15, 1895, in force July 1, 1895, is hereby repealed. Approved May 11, 1901. J 7 4 JUEISDICTIOA T OF JUSTICES. AN ACT 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. $ $ sis s£ s*s :js sjs s*s s*s sjs 800 . § 14. Justices of the peace shall have jurisdiction in all cases for violations of the ordinances of cities, towns or villages. [See ante, § 70. MARK ETING PRODUCTS — OFFICERS. 277 MARKETING PRODUCTS. AN ACT for the protection of farmers, fruit growers, vine growers and garden- ers. [Approved January 13, 1872. In force July 1, 1872. 801. Farmers, etc., may sell products without license.] .§ 1. Be it enacted by the People of the State of Illinois , repre- sented 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 provided , further , that noth- ing 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. OFFICERS— CORRUPT PRACTICES OF. AN ACT to prevent fraudulent and corrupt practices in the making or accepting of official appointments and contracts by public officers. [Approved April 9, 1872. In force July 1, 1872. 802. Aldermen of cities — trustees of villages.] § 2. That it shall be and is hereby declared unlawful for any aider- man 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 ap- pointment of the mayor or president of the board of trustees thereof ; and any and all such election or appointment shall be absolutely null and void. 803. 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 or appointment, under the constitution of this State, to become in any manner interested, either directly or indirectly, in his own name or in the name of any other person or corporation, 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 278 STATUTES KELATJNU TO CITY. vote. And it shall not be lawful for any such officer to represent, either as agent or otherwise, any person, company or corpora- tion, 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 indirectly, 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. 804. 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 appoint- ment, 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 — RESIGNATIONS 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.- 805. Of elective offices.] § 124. Resignations of elective offices shall be made to the officer, court or county board author- ized by law to fill a vacancy in such office by appointment, or to order an election to fill such vacancy. 806. When office to become vacant.] § 125. Every elec- tive office shall become vacant on the happening of either of ORGANIZATION OF TOWNS. 279 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. 807. Who may determine when 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 occa- sioning such vacancy exist. 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. 808. Territory of city organized as a town.] § 1. Be it enacted by' the People of 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 as 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. 809. Town in city.] § 2. The territory of any city now organized within the limits of any county under township or- ganization, and not situated within any town, shall be deemed to be a town. 280 STATUTES RELATING TO CITY. 810 . 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 in 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. 811 . Powers exercised by council.] § 4. The powers vested in such towns shall be exercised by the city council. 812 . 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 offices of treasurer and town collector shall be united in the same person ; that the election of highway com- missioners shall be discontinued; and that the offices of super- visor and poor-master shall be separated, and the poor-master appointed by the city council. [As amended by act approved June 18, 1883. 813 . May regulate the number of justices.] § 6. The city council in such city and town may, from time to time,, regulate the number of justices of the peace, police magistrates and constables to be elected within such city and town; but the number elected to either of such offices shall not exceed the num- ber allowed by law to other town of like population. 814. 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 Sangamon county, for organizings 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 [bearing date September 17, 1877], that the board proceed to organize the territory comprised within the city of Springfield, having had the same under consideration, beg leave to report the same back, and recom- mend 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.” PLEASURE DRIVEWAYS. 281 PLEASURE DRIVEWAYS. AN ACT to provide for pleasure driveways in incorporated cities, villages and towns. 815. Pleasure driveway — how established.] § 1 . Be it enacted by the People of the State of Illinois , represented in the General Assembly , That the city council in cities, the president and the board of trustees in villages, or the board of trustees in incorporated towns, whether incorporated under the general law or special charter, shall have the power to designate by ordinance the whole or any part of, not to exceed two streets, roads, avenues, boulevards or highways, under their jurisdiction, as a public driveway, to be used for pleasure driving only, and to improve and maintain the same, and also to lay out, establish, open, alter, widen, extend, grade, pave, or otherwise improve and maintain not more than two roads, streets or avenues, and designate the same as pleasure driveways, to be used for pleasure driving only : Provided , said powers . shall only be exercised when said corporate authorities are petitioned thereto by the owners of more than two-thirds (2/3) of the frontage of land fronting upon said proposed pleasure driveways. 816. May be laid out under Article 9.] § 2. Said pleasure driveways may be laid out, extended and improved under the provisions of article 9, of an act to provide for the incorporation of cities and villages, approved April 10, 1872, in force July 1, 1872, and any and all amendments thereto. 817. Power of corporate authorities to regulate, etc.] § 3. Said corporate authorities may, by ordinance, regulate, restrain and control the speed of travel upon said pleasure drives, and prescribe the kind of vehicles that shall be allowed upon the same, and in all things may regulate, restrain and control the use of said pleasure driveways by the public or individuals, and may exclude therefrom funeral processions, hearses and traffic teams and vehicles, so as to free the same from any and all. business traffic or objectionable travel, and make the same a pleasure driveway for pleasure driving only, and may prescribe in such ordinances such fines or penalties for the violation thereof as they are allowed by law to prescribe for the violation of other ordinances. —11 STATUTES RELATING TO CITY. 282 818. Emergency.] § 4. Whereas, certain municipalities are about establishing such pleasure driveways, or boulevards, and doubts exist as to their power so to do, therefore an emer- gency exists for the passage of this act, and the same shall take effect and be in force from and after its passage. [Approved March 27, 1889. PLATS TO BE RECORDED, ETC. AN ACT to revise the law in relation to plats. [Approved March 21, 1874. In force July 1, 1874. 819. Plats of highways, etc., to be made and recorded.] § 9. Whenever any highway, road, street, alley, public ground, toll-road, railroad or canal is laid out, located, opened, wid- ened 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 there- of, showing the width, courses and extent therof, 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 premises 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 vacated, the order, ordi- nance 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 recording of any such plat, or to require the same to be recorded sooner than is so specifically provided, except that any requirements 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, POLICE MAGI STRATES. 283 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. 820. 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 prose- cute the same to final judgment against the person offending. 1 POLICE MAGISTRATES. AN ACT to authorize the election of police magistrates in towns, cities and vil- lages where the same are not now provided for by law. [Approved and in force April 13, 1875. 821. 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 pas- sage of this act, and quadrennially thereafter.. Such police magistrates shall hold their offices for the same term, be com- missioned 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. 822. Emergency.] § 2. As the first annual election of town, city and village officers 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 the General Assembly, therefore an emer-’ gency exists, requiring this act to take effect immediately, therefore, this act shall take' effect and be in force from and after its passage: Provided , that the election for police magis- trates 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. 1. The law relating to making and recording town plats has been in force since January 4, 1825. [R. L. of 1829, 184. 28 i STATUTES RELATING TO CITY. RAILROADS. AN ACT in relation to fencing and operating railroads. [Approved March 31, 1874. In force July 1, 1874. ###*#***** 823. 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 vil- , lage, than is permitted by any ordinance of such city, town or village, such corporation shall be liable to the person aggrieved for all damages done the person or property by such train, loco- motive 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 penalties as may be provided by such city, town or village, the person aggrieved by the vio- lation of any of the provisions of this section, shall have an action against such corporation, so violating any of the pro- visions, to recover a penalty of not less than one hundred dol- lars ($100) nor more than two hundred dollars ($200), to be recovered in any court of competent jurisdiction; said ac- tion 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, however, than fifty dollars ($50), where the offense 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. 1 [As amended by act approved May 22, 1877. In force July 1, 1877. 824. Flagmen — shelter.] § 35. In all cases where the pub- lic authorities having charge of any street over which there shall be a railroad crossing, shall notify any agent of the cor- 1. This is held to be a proper police regulation. T., P. & W. Co. vs. Dea- con, 63 111., 91. (a) An ordinance must 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. & VV. Ry. Co, vs. O’Connor, 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. REVENUE. 285 poration 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 rail- road track, when, in his opinion, there is danger from ap- proaching trains or locomotive engines; and any railroad com- pany refusing or neglecting to place flagmen, as required by this section, shall be laible to a fine of $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 payment 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 juris- diction in the county, and the prosecuting attorney shall at- tend 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 main- tain 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 highway, and afford the best view of the railroad track in each direction from such crossing. REVENUE. AN ACT for the assessment of property and for the levy and collection of taxes. [Approved March 30, 1872. In force July 1, 1872. 825. 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 he raised by taxation, anything in their respective charters, or in acts heretofore passed* by the Gen- eral Assembly of this State, to the contrary notwithstanding. 286 STATUTES RELATING TO CITY. [As amended by act approved May 3, 1873. See § 343 Hurd, 1902, Chapter on Revenue. ********** 826. Return of delinquent special assessment.] § 178. When any special assessment made by any city, town or vil- lage, pursuant to its charter, or by any corporate authorities, 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 collectors shall collect, account for, and pay over the same to the authorities or per- sons 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 as- sessments to him, transfer the amounts thereof from such re- turns to the tax books in his hands, setting down therein, op- posite the respective tracts, or lots, in proper columns to be pre- pared for that purpose, the amounts assessed against such tract or lot. [As amended by act approved May 3, 1873. AN ACT in relation to the collection of taxes and special assessments. [Ap- proved and in force May 2, 1873. * * * * * * * * * * ' 827. 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 in- stallment 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. [Ap- proved May 23, 1877. In force July 1, 1877. 828. How 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 incor- porated towns in this State, whether organized under the gen- eral law or special charters, shall assess and collect their taxes in the manner provided for in article eight (8) of the act en- titled f *An Act to provide for the incorporation of cities and villages,” approved April 10, 1872, and in the manner pro- REVENUE — TAXATION. 287 vided 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. Note.— T his act in effect repeals that of April 15, 1873. REVENUE— TAXATION. 829. May levy tax annually for school purposes.] § 202. For the purpose of establishing and supporting free schools for not less than six 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 notwith- standing, 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 property of the district, village or city not to exceed two and one-half per cent, for educational and two and one-half per cent, for building purposes (except to pay in- debtedness contracted previous to the passage of this act), the valuation to be ascertained by the last assessment for State and county taxes : Provided, that in cities having a population ex- ceeding one hundred thousand inhabitants the Board of Educa- tion may establish and maintain vacation schools and play grounds under such rules as it shall prescribe. “And provided, further, that nothing herein contained shall be held to repeal or modify the limitations contained in Section forty-nine (49) of an Act entitled, “An Act for the assessment of property and providing the means therefor, and to repeal a certain act therein named,” approved February 25, 1898. [As amended by Act approved April 21, 1899. In force July 1, 1899. L. 1899, p. 351. 830. No exclusion for color — penalty.] § 4. All boards of school directors, boards of education, or school officers, whose duty it now is, or may be hereafter, to provide in their respec- tive jurisdictions, schools for the education of all children be- tween the ages of six and twenty-one years, are prohibited from ' the excluding, directly or indirectly, any such child from such school on account of the color of such child. 288 STATUTES RELATING TO CITY. 831. Preventing child attending school — penalty.] § 5. Any person who shall by threats, menace or intimidation, pre- vent any child entitled to attend a public school in this State from attending such school shall, upon conviction, be fined in any sum not exceeding twenty-five ($25) dollars. VACATION OF STREETS AND ALLEYS. AN ACT to revise the law in relation to the vacation of streets and alleys. [Ap- proved March 24, 1874. In force July 1, 1874. 832. 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 incorporated by special act or under any general law, shall have power to va- cate or close any street or alley, or any portion of the same, ex- cept 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 closing of any street or alley, the same shall be ascertained and paid as provided by law. [See “Eminent Domain,” chap. 47, Rev. Stat. (Hurd), 1883. 833. 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 hav- ing been contributed -from the land on one side thereof than the other, such division is inequitable, in which case the street, alley, lane or highway so vacated shall be divided according to the equities of the adjoining owners. 1. A power in a municipal charter to require all able-bodied male inhabitants of a city to labor on its streets and alleys, or pay a tax in lieu thereof, is constitu- tional. Alton vs. Sawyer, 3 Scam., 127. TELEGRAPH COMPANIES. 289 TELEGRAPH COMPANIES. AN ACT to revise the law in relation to telegraph companies. [Approved March 24, 1874. In force July 1, 1874. ********** 834. 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, highway or public ground outside of the corporate limits of a city r , 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. And 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 altera- tion in the location or erection of any such poles, posts, piers or abutments, and also in the height of the wires, having first given the company or its agent opportunity to be heard in re- gard to such alteration. 290 STATUTES RELATING TO CITY. PROVISIONS OF THE Former Charter of the City of Springfield. ARTICLE I. BOUNDARIES OF THE CITY. 835. 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. 836. Boundary and name.] § 1 . That all the district of country in the county of Sangamon and State of Illinois, con- tained within the present incorporate limits of the city of Springfield, with such other additions of land as may be in- corporated with and come under the jurisdiction of said city, is hereby erected into a city by the name of “The City of Spring- field.” [Act approved March 2, 1854. 837. City limits and jurisdiction extended.] § 1 . In addi- tion to all the territory now contained within the limits of the city of Springfield, there shall be added to said city, and em- braced within its limits, and subject to its ordinances and juris- diction, all the additional territory embraced within the follow- ing boundary, to-wit : Beginning at a point on the section line between sections twenty- six and twenty- seven, from which a line extended westward!}' will run eighty feet north of the BOUNDARIES OF THE CITY. 291 lot owned by the Illinois State University; thence westwardly, until a straight line intersects the east line of Herndon & Ed- ward’s addition, at a point four hundred feet north of the north line of Mason’s addition; thence around the line of Herndon & Edwards’ addition, 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 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 extending the same in a straight line to the center of the Jacksonville road, thence along the center of the J acksonville 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 section twenty-six and twenty- seven ; thence northwardly, with the section line, to the beginning. [Act approved Feb. 14, 1855. 838. Limits and jurisdiction further extended.] § 1. An act entitled “An Act to amend the charter of the city of Spring- field,” approved February 14, 1855, is hereby [so] amended . that, in addition to all the territory now contained within the limits of the city of Springfield, there shall be added to the said city, and embraced within its limits, and subject to its or- dinances and jurisdiction, all the' additional territory em- braced 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 quar- ter of the southwest quarter of section thirty-three ; thence north, parallel to section line, to the southeast corner of the northwest quarter of the northwest quarter of section twenty- eight; thence east, and parallel to section line, to the south- east corner of the northwest quarter 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 292 STATUTES RELATING TO CITY. southwest quarter of section thirty-five; thence west to the place of beginning. [Act approved February 18, 1857. 839. 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 b^lf of the northeast quar- ter of section number twenty-seven; and the northwest quar- ter of the northwest quarter of section number twenty-six, all in township number sixteen, north of range number five, west of the third principal meridian. [Act approved February 18, 1859. 840. Grand avenue — opening of.] § 13. The city council of said city shall have power to lay out and open an avenue, or highway, the width of eighty feet, along the corporation 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 compensation to be paid to the owners of the real estate, which may be taken and appro- priated for the laying out and opening of such avenue or high- way, cannot be agreed upon, the city council shall cause the dam- ages 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 char- ter 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 col- lected 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 approved February 18, 1859. THE BOARD OF EDUCATION. 293 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. 841. Board of education — general powers.] § 1 . Be it enacted by the People of the State of Illinois , represented in the General Asssembly , That all the rights, powers and privileges 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 herein- after provided. The said board of education shall not pur- chase, lease or sell lands, or sell or build additional school houses, or lease or rent the same without the consent and ap- proval of the city council of the city of Springfield. 842. To consist of nine members — council to elect — organiza- tion.] § 2. The said board of education of the city of Spring- field shall consist of nine members; and it shall be the duty of the city council, on the first Monday of May, A. D. 1869, 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 dif- ferent ward, who shall serve two years; and the three remain- ing members of said board, each one of whom shall be from- u 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 edu^ cation 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 interests and efficiency of the schools. 843. Term of office — vacancies — how filled.] § 3. The city council of the city of Springfield shall, on the first Mon- day of May, A. D. 1870, and on the first Monday of May an- nually 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 successors are elected and qualified. The said hoard of education, or the remaining STATUTES KKLATING TO CITY. 294 members thereof, shall have power to fill, until the ensuing (‘lection, all vacancies in said hoard occasioned by death, resig- nation, disqualification, failure to elect, or removal from said district: Provided , no member of the city council or any per- son holding office under the city, whether elected or appointed, shall he a member of the hoard of education. 844. To report to council money required.] § 4. It shall be the duty of said board of education to report to the city coun- cil of the city of Springfield, at their regular meeting in the month of June, 1809, and annually thereafter, the amount of money needed and acquired for public school purposes, in said city of Springfield, for the fiscal year commencing the first Monday of September succeeding such report. 845. Council to levy tax — separate account by collector.] § 5. The city council of said city of Springfield shall there- upon lev}', and cause 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 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 schoool purposes [only]. 846. 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 secre- tary of said board of education; and for the payments made, receipts shall be taken and filed hy said secretary and treas- urer, and said orders and receipts shall show the purposes for which, and on what account, said orders were drawn. 847. 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. OAK RIDGE CEMETERY. 295 848. 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. OAK RIDGE CEMETERY. AN ACT to amend the charter of the city of Springfield. [Approved February 18, 1859.— Private laws of 1859, page 269. **** ****** 849. 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 northeast 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 purchased by said city for cemetery purposes, is hereby established and set apart for the burial of the dead, and shall be known as Oak Ridge Ceme- tery. 850. 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, designated or numbered in such manner as may be deemed expedient, and shall cause a correct map or plat thereof to be made out and acknowledged by the mayor aixl 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 of- fice; 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. 851. Manner of transferring lots.] § 16. The conveyance or transfer of lots in said cemetery, from the city to purchasers, 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 cer- 206 STATUTES RELATING TO CITY. tificate shall vest the title to the lots so conveyed or transferred in the purchaser, his heirs and assigns, 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 pur- chaser to another, may be by surrender of the original deed or certificate to the city clerk, and the city clerk, upon such sur- render 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. 852. 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. 853. Lots — how held — used only for cemetery purposes — sexton.] § 18. No lot in said cemetery shall be so sold, con- veyed 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 ceme- tery 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. 854. 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 purpose whatever, other than cemetery and burial purposes. 855. Records of cemetery.] § 20. The records of the said cemetery, kept in the office of the city clerk, shall be evidence of the facts therein stated, in all courts and places. WEEKLY PAYMENT OF WAGES. 297 856. Additional rules may be made.] § 21. The city coun- cil may, by ordinance, prescribe such additional rules and regu- lations, concerning said cemetery, as may be deemed expedient. 857. Limits of cemetery extended — powers of the board of managers.] § 1 . That the fourteenth section of “An Act to amend the charter of the city of Springfield,” approved Febru- ary 15, [18], 1859, be and the same is so amended as to read: Sections twenty-one (21) and twenty- two (22), in township six- teen, 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 managers of Oak Ridge Cemetery to declare nuisances within one-half mile of said cemetery, and to empower the city council of said city, Ly 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 ap- proved February 16, 1865. Private laws of 1865, vol. 1, page 522. WEEKLY PAYMENT OF WAGES BY CORPORATIONS. AN ACT to provide for the weekly payment of wages by corporations. [Ap- proved April 23, 1891. In force July 1, 1891. 858. Corporations named herein shall pay their employees weekly.] § 1 . Be it enacted by the People of the State of Illinois , represented in the General Assembly , That every man- ufacturing, mining, quarrying, lumbering, mercantile, street, electric and elevated railway, steamboat, telegraph, telephone, and municipal corporation, and every incorporated express com- pany and water company, shall pay weekly each and every em- ploye engaged in its business, the wages earned by such em- ploye to within six days of the date of such payment: Pro- vided, however, that if at any time of payment any employe shall be absent from his regular place of labor he shall be entitled to said payment at any time thereafter upon demand. 859. Corporation violating act — penalty.] § 2. Any cor- poration violating any of the provisions of this act shall be lia- ble to a penalty not exceeding fifty dollars, and not less than ten dollars for each violation, to be paid to the People of the State, and which may be received in a civil action: Provided, an action for such violation is commenced within thirty days from the date thereof. Any person may bring an action in 298 STATUTES UELATJNG TO CITY. the name of the People of the State, as plaintiff, against any corporation which neglects to comply with the provisions of this act for a period of two weeks, after having been notified in writing by such person that such action will be .brought. On trial of such action, such corporation shall not be allowed to set u]> any defense for a failure to pay weekly any employe engaged in its business the wages earned by such employe to within six days of the date of such payment, other than a valid assignment of such wages, or a valid set-off against the same, or the absence of such employe from his regular place of labor at the time of payment, or an actual tender to such employe at the time of payment of the w r ages so earned by him, or a breach of contract by such employe or a denial of the employ- ment. No assignment of future wages payable weekly under the provisions of this act shall be valid if made to the cor- poration from whom such wages are to become due, or to any person on behalf of such corporation, or if made or procured to be made to any person for the purpose of relieving such corporation from the obligation to pay weekly under the pro- visions of this act. Nor shall any of such corporations re- quire any agreement from any employe to accept wages at other periods than as provided in section 1 of this act, as a condi- tion of employment. 860. Recovery of penalties.] § 3. The penalties herein provided may be recovered in any court having civil jurisdic- tion by such in the name of the person bringing the same. PUBLIC HOSPITALS IN CITIES. AN ACT to enable cities to establish and maintain public hospitals. [Approved June 17, 1891. In force July 1, 1891. Laws 1891, p. 142. 861. What cities may establish non-sectarian public hos- pitals.] § 1 . Be it enacted by the People of- the State of Illinois , represented in the General Assembly, That the city council of each incorporated city of this State having a popu- lation of less than one hundred thousand (100,000) inhabi- tants shall have the power to establish and maintain a non- sectarian public hospital for the use and benefit of the inhabi- tants of such city, and any person falling sick, or being in- jured or maimed within its limits, and may levy a tax not to PUBLIC HOSPITALS IN CITIES. 299 exceed two mills on the dollar annually, on all the taxable property of the city, such tax to be levied and collected in like manner with the general taxes of the said city, and to be known as the “hospital fund.” 862. How established — election — notice — taxation.] § 2. When one hundred legal voters of any such incorporated city shall present a petition to the city council of such city, ask- ing that an annual tax may be levied for the establishment and maintenance of a public hospital in such city, and shall specify in their petition a rate of taxation not to exceed two mills on the dollar, such city council shall instruct the city clerk to and such city clerk shall, in the next legal notice of the regu- lar annual election in such city, give notice that at such elec- tion every elector may vote “for a mill tax for a pub- lic hospital,” or “against a mill tax for a public hos- pital,” specifying in such notice the rate of taxation mentioned in said petition; and if the majority of all the votes cast in such city shall be “for the tax for a public hospital,” the tax specified in such notice shall be levied and collected in like man- ner with other general taxes of said city, and shall be known as the “hospital fund,” and thereafter the city council of such city shall include and appropriate in the annual appropriation bill such sum or sums of money as may be deemed necessary to defray all necessary expenses and liabilities of such hospital. 863. Board of directors.] § 3. When any such city coun- cil shall have decided to establish and maintain a public hos- pital under this act, the mayor of such city shall, with the ap- proval of the city council, proceed to appoint a board of three directors, one of whom may be a woman, for the same, chosen from the citizens at large, with reference to their fitness for such 1 office. 864. Directors’ term of office — removal.] § 4. Said di- rectors shall hold office one-third for one year, one-third for two years and one- third for three years from the first of July following their appointment, and at their first regular meet- ing shall cast lots for the respective terms ; and annually there- after the mayor shall, before the first of July each year, ap- point as before one director to take the place of the retiring STATUTES RELATING TO CITY. 800 director, who shall hold office for three years, and until his successor is appointed. The mayor may, by and with the con- sent of the city council, remove any director for misconduct or neglect of duty. 865. Vacancies — how filled.] § 5. Vacancies in the board of directors occasioned by removals, resignation or otherwise, shall be reported to the city council and be filled in like man- ner as original appointments, and no director shall receive com- pensation as such and shall not be interested either directly or indirectly, in the purchase or sale of any supplies for said hospital. 866. Organization and power of board.] § 6. Said di- rectors shall immediately after appointment, meet and organize by the election of one of their number president, and one as secretary and by the election of such other officer as they may deem necessary. They shall make and adopt such by-laws, rules and regulations for their own guidance and for the government of the hospital as may be expedient, not in- consistent with this act and the ordinances of said city. They shall have the exclusive control of the expenditures of all mon- eys collected to the credit of the “hospital fund,” and of the construction of any hospital building, and of the supervision, care and custody of the grounds, rooms or buildings constructed, leased or set apart for that purpose : Provided , that all moneys received for such hospital shall be deposited in the treasury of said city to the credit of the “hospital fund,” and drawn upon by the proper officers of said city upon the properly authen- ticated vouchers of the hospital board. Said board shall have the power to purchase or lease ground, to occupy, lease or erect an appropriate building or buildings for the use of said hos- pital; shall have power to appoint a suitable superintendent or matron, or both, and necessary assistants, and fix their com- pensation, and shall also have power to remove such appointees ; and shall, in general, carry out the spirit and intent of this act in establishing and maintaining a public hospital, and one or all of said directors shall visit and examine said hospital at least twice each month and make monthly reports of its con- dition to the city council. PUBLIC HOSPITALS IN CITIES. 301 867. For whose benefit established.] § 7. Every hospital established under this act shall be for the benefit of the in- habitants of such city, and any person falling sick or being in- jured or maimed within its limits; but every such inhabitant or person who is not a pauper shall pay to such board or such officer, as it shall designate for such city, such reasonable com- pensation for occupancy, nursing, care, medicines or attend- ance, according to the rules and regulations prescribed by said board; such hospital always being subject to such reasonable rules and regulations as said board may adopt in order to ren- der the use of said hospital of the greatest benefit to the great- est number; and said board may exclude from the use of said hospital any and all inhabitants and persons who shall will- fully violate such rules or regulations. And said board may extend the privileges and use of such hospital to persons re- siding outside of such city.in this State, upon such terms and conditions as said board may from time to time by its rules and regulations prescribe. 868. Duty of directors — meetings — funds — report, what to contain.] § 8. Said board of directors shall, in the name of such city, receive and collect from such inhabitant or per- son the compensation aforesaid, and shall as often as once in each month, pay over to the city treasurer all compensation received or collected during the month, and take the receipt of such treasurer therefor ; and shall also at the regular monthly meeting of the city council report to such city council the names of the persons or inhabitants from whom such com- pensation has been received or collected, and the amount so received or collected from each and the date when so received or collected. And said board of directors shall make, on or before the second Monday in June, an annual report to the city council, stating the condition of their trust on the first day of June of that year, the various sums of money received from the “hospital fund” and from other sources, and how such money has been expended and for what purposes; the number of patients and such other statistics, information and suggestions as they may deem of general interest. 869. Rules and regulations.] § 9. When such hospital is so established, the physicians, nurses, attendants, the per- 302 STATUTES RELATING TO CITY. sons sick therein and all persons approaching or coming within the limits of the same, and all furniture and other articles used or brought there shall be subject to such rules and regulations as said board may prescribe. 870. Donations — may vest title.] § 10. Any person de- siring to make donations of money, personal property or real estate for the benefit of such hospital, shall have the right to vest the title to the money or real estate so donated in the board of directors created under this act, to be held and con- trolled by such board, when accepted, according to the terms of the deed, gift, devise or bequest of such property; and as to such property the said board shall be held and considered to be special trustees. 871. Physicians — privileges of.] §11. All physicians who are recognized as legal practitioners by [the] State Board of Health of Illinois shall have equal privileges in treating pa- tients in said hospital. INDEX TO LAWS. A ALDERMEN— Election of aldermen by minority pla Number of aldermen Term of office Vacancy Qualifications Judge of election — and qualification of Appointment — not to accept any unde Contracts — not to be interested in. . . . Attorney — not to act as, in procuring Penalties for certain acts Resignation in vacancies Who determine when vacant First election of Minority representation Under minority plan When minority plan not adopted ALLEYS— Vacation of Streets and Alleys. Three-fourths vote required, damages Rights of adjoining owners ANIMALS— Prohibiting animals from running at large in cities, towns and villages 768 Penalties 769 Animals may be held for fines and damages 770 ANTICIPATORY— Anticipatory warrants 797 APPROPRIATIONS— Appropriation ordinance — annual 89 Increased — not to be except, etc 90 ART— Creation of Art Commissions and to Define their Powers. When art commission may be created 633 Who to constitute commission 634 Terms of members — vacancy 635 No compensation — rules — quorum 636 Offices to be provided 637 Purchase of works of art to be approved by the com- mission — 'duties of commission 638 When decision unnecessary. 639 Removal or re-location of works of art 640 ASSESSMENT OF TAXES— Assessment and collection of Taxes. Art. 8. Ordinance levying tax Ill Manner of collecting 112 Section 492 30 31 32 33 34 r mayor 802 803 bribery 803 804 805-806 807 52 53 54 55 744 745 304 INDEX TO LAWS. Section Time of paying over 113 When tax levied for particular purpose 114 Tax to be uniform 115 Special Assessments for Local Improvements. Art. 9 116 When improvements made by general tax 116 When made special for local improvements 507-535 Delinquent special assessment — return of 826 Assessment and collection of special taxes 283 Special water tax 258 B BALLOT BOXES— Manner of providing ballot boxes 767 Who shall provide ballot boxes- 767 BOARD— Education. Education, board of, see education 841-848 Firemen's Fund. Trustees of firemen’s fund — how created and their duties — see insurance companies 403-419 Hospitals — public. Directors for public hospitals 863 Term of office 864 Removals 864 Vacancies and how filled 865 Organization and power of 866 Duties of 868 Improvements — local ’ 512 Recommendations by 515 Library. How appointed 678 Term of office and removals 679 Vacancies 680 Compensation 680 Organization and power of 681 Directors in villages 687 Erection of buildings 690 Investment of funds 690 Board of registration 788 School Directors. How organized — powers, etc 712 Steam Boilers. Persons in charge of — examination 440 Towns — Organization of. Officers — election of 810 Council — powers exercised 811 Provision made by council 812 Justices — number regulated 813 Plumbers. Board to examine plumber’s certificate 499 Appointed by mayor 500 INDEX TO LAWS. 305 Section BOILERS— Steam Boiler Explosions. Persons in charge of steam boilers — license, penalty. . . 439 Board to examine — license, etc 440 BONDS— Improvement Districts. May issue bonds 327 Interest and principle on same — how paid 328 Bonds Municipal. New bonds may be issued for indebtedness in place of old ones 771 Valuation of taxable property, to be indorsed on bond.. 772 Election notice 773 Registration ^ 774 Auditor to certify rate required 775 State custodian collection payment 776 How money disbursed 777 When registered bonds mature and are not paid 778 Entry of . payment 779 Fees collectors bond 780 Bonds by whom executed 781 Printing and delivery of ballots — cards of instruction. . . 782 Nominations 783 Certificates of nomination and nomination papers 784 Objections to nominations 785 Printing of ballots — charge of 786 Opening and closing polls 787 Taxes. Power to issue against taxes 2701 When mature 270m PARKS— Issued to pay indebtedness for 704 BORROW— May borrow money for exigency 90 Contracting liabilities — limited 91 BRIDGES— Fast driving on bridges — prohibited 194b BUILDING— PUBLIC— To Authorize Cities whose Public Buildings have been Des- troyed, etc., by Cyclone, etc., to Levy a Tax to Pay the Cost of Re-Building, etc. What cities to have power to rebuild or restore such building — restoration tax 627 How restoration tax to be levied 628 Restoration tax to be deposited in the city treasury — how paid out 629 Emergency 630 Doors to open outward 732 Penalty 733 When public buidings may be closed 734 306 INDEX TO LAWS. Section Private Buildings. City, or if not in city, county, liable for three-fourths damages 735 Action how brought — Judgment 736 When entitled to recover 737 Action by party against persons engaged in riot, lien of city, etc > 738 Action by city or county against persons engaged in riot 739 Notice of claim of damages when action shall be brought 740 When city or county settles claim 741 C CEMETERIES— May be removed — when 756 May establish and maintain 757 Acquire lands for 757 Two or more cities or towns to establish jointly — power of 758 Control of — by corporate authorities 759 CEMETERY— Oak Ridge, Cemetery. The cemetery described and established 849 Manner of laying out — selling lots 850 Manner of transferring lots 851 Clerk to keep cemetery record 852 Lots how held, used only for cemetery purposes, sexton. 853 No public road over cemetery 854 Records of cemetery 855 Additional rules may be made 856 Limits of cemetery extended powers of the board of managers 857 CHARTER— Provisions of the Former Charter of the City of Springfield. Original charter limits 835 Boundary and name 836 City limits and jurisdiction extended 837 Limits and jurisdiction further extended 838 Corporate limits further extended 839 Grand avenue — opening of 840 CHILD— Preventing child from attending school — penalty 831 Preventing exclusion from school on account of color. . 830 CHILDREN — Children of disabled patrolmen — see ; 423-434 No exclusion from public schools on account of color. . 830 Preventing child from attending school — penaty 831 CITIES— Organization of Art. 1 Sec. 1 13e How city may be incorporated under this act 1 Petitioned by one-eighth legal voters 1 Notice of election 2 The ballots — result 3 How towns may become cities 4 INDEX TO LAWS. 307 Section City, how organized 5 Judicial notice of organization and change 6 Election of officers * 7 When county judge to give notice of election, etc 8 Term of first officers 9 Corporate name — powers 10 Prior ordinances, etc., in force until, etc 11 Rights, etc., of old corporation to vest in new 12 Record of result of election 13 Certificate to be filed with secretary of state 13 City register’s office abolished 13a To legalize elections held to incorporate as a city or village in certain cases — charter 13d Emergency 13e Power of and privilege of — to establish water works... 268 T owns. City territory organized as town — see town 746-752 Territory organized as town 808 Town in city 809 Officers — election of 810 Council — powers 811 Council — provision made 812 Justice’s — number regulated 813 Officers — vacancy of 814 Railroads. Speed of railroads through, damages 823 CITIZENS— None but citizens to be paid from public fund 760 COLLECTING— Manner of collecting taxes 112 COLLECTIONS— Sworn Statements of Collections to be made — Payments. Thirty days settlement with cities, etc 659 Thirty day settlement with county collector 660 Local taxes to be paid over, etc 661 Pinal settlement for local taxes before return 662 Duplicate receipts 663 City, etc., may buy in at sale 664 Collectors in cities or incorporated towns 665 How licenses may be granted 666 Bond how taken 667 Duty of officers 668 Taxes. Collection of 111-115 Manner of 112 Time of paying 113 COLLECTOR— City Collector. His duties 100 He shall report, etc. — publication 101 Not to detain money — penalty 102 Examination of books 103 Pay over and take receipt 103 Duties required by council 107 308 INDEX TO LAWS. Section COMPTROLLER— Clerk to act as 104 His powers and duties : 104 Council may define duties 105 Clerks financial duties transferred to him 105 Record of bonds issued by city 106 CONSTABLE— Special constable — see special constable or special police444-445 CONSTITUTIONAL PROVISIONS— Power to tax 653 Fees or salaries of officers not to be changed during term 654 Indebtedness of — limited 655 Municipal subscriptions to railroad or private corpora- tions 656 Property exempt from taxation 657 Proper authorities to certify tax rate 658 CORPORATIONS— M unicipal. Employees paid weekly 858 Violation of act — penalty 859 Recovery of penalties 860 Private. Municipal subscriptions to private corporations pro- hibited by constitution 656 CORRECTION — Houses of Correction. Cities may establish 714 Inspectors, appointment — term of office 715 Rules, employees, appropriations 716 Compensation and duties of inspectors, records 717 Books — quarterly statement — accounts 718 Further reports, removal of officers, etc 719 Duties of superintendent — appointment term of office deputy • 720 County may use house of correction 721 Commitment 722 Conveying convict to house of correction — fees 723 Application of other laws, etc 724 House of shelter 725 Expenses 726 Unted States convicts 727 Bridewell changed to house of correction 728 Salary of superintendent, record of conduct — good time 729 Oath — bond 730 Tax on net receipts 731 May establish houses of correction outside of corporate limits — police powers over 506 COUNCIL OF CITY— Council. Art. 3. How composed 29 Number of aldermen 30 Term of office of aldermen 31 Vacancy 32 INDEX TO LAWS. 309 Section Qualifications of aldermen 33 Judge of election and qualification of member 34 Shall determine its own rules 35 May expel a member 35 Bribery vacates office 35 Quorum 36 Compelling attendance 36 Meetings 37 Chairman, pro tern 38 Open doors 39 Journal shall be kept 40 Yeas and nays, when to- be taken . 41 A majority necessary to pass ordinance 41 Two-thirds necessary to sell property 41 Rescinding vote at special meeting 42 When report laid over 43 Territorial jurisdiction 44 Special meetings 45 Ordinances — approval — veto 46 Reconsideration — passing over veto 47 Powers of Council. Art. 5. Powers enumerated 62 Emergency - 62^ Power to license, tax, etc., itinerant merchants, etc 62a Ordinances, style of 63 Publication of 64 When they take effect 64 Proof of 65 Suits for violation of 66 Fines and forfeitures paid to treasurer 67 License money paid to treasurer 67 Proceedings in suits, for violation of ordinances 68 Punishment for violation of ordinances 68 Jurisdiction under ordinances . 69 Constable or sheriff may serve process and make arrests 70 Jurisdiction over waters 71 Street labor 71 May classify election of alderman by minority plan.... 492 Powers conferred on 270 Election of 810 Powers exercised 811 Provisions — made by 812 Regulate number of justices 813 D DIRECTORS—. Directors of schools 710 How appointed ; 711 Board of — how organized, etc 712 DRAINS AND SEWERAGE— See sewerage and drains 323-336-606-615 Sewerage fund tax 280-281 To be built by special assessment 230 DRIVEWAYS— Pleasure Driveways in Incorporated Cities, Villages and Towns. Pleasure driveways — how established 435 May be laid out, etc., under article IX 436 310 INDPX TO LAWS. Section Power of corporate authorities to regulate, etc 437 Emergency 438 Plats to be Recorded, etc. Plats of highways, etc., to be made and recorded 753 Prosecuting offenders . » 754 DUMMIES— Location of road — consent — notice — damages 700 E EDUCATION— Board of Education. Board of education general powers 841 To consist of nine members — council to elect, organiza- tion 842 Term of office vacancies — how filled 843 To report to council, money required 844 Council to levy tax — separate account by collector 845 School funds — how paid out 846 Organization after annual election 847 Inconsistent acts repealed — public act, when to take effect 848 ELECTIONS— Annual election 48 Election of mayor, etc 49 Who entitled to vote 50 Wards 51 Aldermen at first election — classified 52 Minority representation 53 Aldermen under minority plan 54 Aldermen when minority plan not adopted 55 Place of election 56 Notice of election 56 Manner of conducting, keeping poll books, etc 57 Result — tie 58 Notice to persons elected or appointed 59 When no quorum in office 60 Special election 61 Time of opening and closing polls 297 Election of city officers in same territory as in organized township 298 Election of alderman by minority plan 492 Ballot Boxes. Ballot boxes, polling places, canvass, town meetings.... 767 Electors Registration of. Board of registration — meeting — register — for municipal election 788 Repeal 789 ELECTIONS— Police magistrates 249-821 Township officers 748 Villages. Annual elections 190 Special elections 190 INDEX TO LAWS. 311 Section ELECTORS— Registration 788 EVIDENCE— • Records of cities, etc., how certified 790 Records, etc., of private corporations — how certified.... 791 Form of certificate 792 Sworn copies 793 Penalty 794 EXCLUSION— Exclusion from school on account of color prohibited. . . 830 Penalty for excluding on account of color 830 EXIGENCY— May borrow money for 90 Contracting liabilities limited 91 Prohibited from using city funds 96 F FARMERS— May sell produce without license 801 FEES— Constitutional provision on changing fees and salaries during term of office 654 Finance. Art. 7. Fiscal year 88 Annual appropriation ordinance 89 Appropriation not to> be increased except, etc 90 May borrow money for exigency 90 Contracting liabilities, limited 91 Duties of treasurer 92 Funds kept separate 93 Receipts 94 Monthly statements 95 Warrants and vouchers filed with clerk on settlement. . . 95 Register of warrants paid, etc 95 Deposit of funds 96 Funds kept separate from his own 96 Prohibited from using city’s funds 96 Treasurer’s annual report — publication 97 Warrants. — how signed 98 Warrants to state fund 98 Special assessment funds kept separate 99 FINES— How recovered by bringing suit against 302 FIRE— Cause of fire to be inspected 494-497 FIRE INSPECTOR— Fire Inspector in Certain Cities to Investigate Cause, Origin and Circumstances of Fires. Fire inspector to investigate cause, etc., of fires 494 Duties and powers of fire inspectors 495 Fire inspector to have power of trial justice — administer oaths — may examine any building day or night 496 312 INDEX TO LAWS. Section Owner — penalty for falling to comply with orders of Are inspector 497 FISCAL— Fiscal year 88 FLAGMEN— Shelter for flagmen 824 FREE PUBLIC LIBRARIES— See libraries 677-699 fund— Police and Firemen. Relief of police and firemen 382-402 Handled by board of trustees of firemen — see insurance companies 403-419 State. Drawn upon when 98 Water Works. Separate for 259 When act not applied 260 Emergency 261 H HEALTH COMMISSIONER— Notification of plumber 305 HEATING AND LIGHTING— Conditions upon which priveleges to lay pipes or string wires for lighting purposes in streets may be granted 491 Remedy of property holder to inforce act 491 HIGHWAYS— Vacation of Highways. Requiring three-fourths vote — damages 744 Adjoining owners — rights of 745 Plats of — to be made and recorded 753 HORSE CARS— Location of road — consent — notice — damages 700 HOSPITALS— Public Hospitals in Cities. What cities may establish non-sectarian hospitals 861 How established — election — notice — taxation 862 Board of directors 863 Directors term of office — removal 864 Vacancies — how filled 865 Organization and power of board 866 For whose benefit established 867 Duty of directors — meetings — funds — report, wdiat to contain 868 Rules and regulations 869 Donations — may vest title 870 Physicians — privileges of 871 INDEX TO LAWS. 313 Section HOUSE OF CORRECTION— See correction 506-714-731 ILL-FAME— HOUSE OF— Licensing and medical inspection forbidden 245 Emergency 246 IMPROVEMENTS— When improvements made by general tax 116 IMPROVEMENTS— LOCAL— Local Improvements — Special Assessments — Special Taxation. Powers conferred 507 In cities having population of less than 50,000 509 Municipal officers in cities of 50,000 and over 508 Ordinance authorizing improvements — petition of pro- perty owners 510 Restriction on passage of ordinance 511 Board of local improvements 512 Proceedings preliminary to public hearing 513 Public hearing 514 Recommendation by board 515 Estimate of cost 516 Publication of ordinance £>17 When property is taken 518 Petition 519 Contents of petition— commissioners 520 Commissioners’ report 521 Net damage or benefit 522 Off-set for land donated 523 Commissioners’ certificate 524 Affidavit of ownership 525 Jurisdiction of defendants 526 Mailing notice to owners..... 527 Mailing notice to parties assessed 528 Trials 529 Separate trials 530 View by the jury 531 Adjournments 532 Where title has changed 533 Adverse claimants 534 Infant or insane owner 535 Effect of judgment 536 Order for possession.... 537 Proceedings pending appeal 538 Filing roll — commissioners — deficiency — revised assess- ment roll — notice 539 Improvements requested by majority of frontage — side- walks 540 Special tax 541 Special assessment 542 Jurisdiction of courts 543 Order for assessment 544 Apportionment of cost 545 Description of property assessed 546 Assessment roll — notices 547 —12 314 1NDKX TO LAWS. Section Division of assessment into Installments — payment of — interest 548 Retirement of bonds annually 549 Notice by posting and publication 550 Continuance for notice 551 Objections 552 Review of assessment roll by the court 553 Hearing of legal objections 554 Trial by jury 555 Distribution of deficiency 556 Precedence for trial 557 Modification by court 558 Land to be first acquired 559 Prior improvement of same kind no objection 560 Judgment on installment assessments 561 Effect of judgment 562 Vacation of assessment — new assessment 563 New assessment for completed work 564 Supplemental assessments 565 New assessment against delinquents 566 Collection — certifying roll 567 Warrant to collector 568 Collector’s notice 569 Collector’s demand — penalty — entry of payment 570 Report of delinquent list to county collector 571 Report to be evidence 572 Application for judgment — sale — revenue laws to govern 573 Return of sale — redemption 574 Sale where assessment paid — penalty 575 Paying over — compensation 576 General revenue laws apply 577 Municipality may buy in . 578 Contracts payable from assessments — claim limited to fund collected 579 Letting contracts — where city, etc., may perform the work 580 When steps to be taken to let contracts 581 Notice for letting contracts — bids 582 Accepting bid — contract 583 Person interested entitled to hearing 584 Notice of awarding contract 585 Owners of a majority of frontage may take contract. . . . 586 Rejecting bids in case of default 587 Completing unfinished work — contractor’s bond — pay- ment of expenses 588 Appointment of attorneys, engineers, clerks, inspectors, etc. — execution and acceptance of work — recourse on municipality 589 Abateing excess of assessment over cost of improvement 590 Inspection of work 591 Bonds to anticipate installments or assessments 592 Bonds to be issued at par and accrued interest 593 Payment by bonds or vouchers 594 Payment of assessment in bonds 595 No claims except against the assessment 596 Payments as work progresses 597 Interest on bonds — how to be paid 598 Rebates declared and paid 599 Expenses, costs, etc. — how to be paid 600 INDEX TO LAWS. 315 Section Appeals 601 Writs of error 602 Adoption of this act by other municipalities 603 Use of provisions of this act by other corporate authori- ties 604 Repeal of conflicting acts — pending cases 605 Local Improvements. Repeal of ordinance 605a Board to report to council 605b Emergency 605c INDEBTEDNESS— Constitutional provision limiting indebtedness 655 INSPECTOR— See fire inspector 494-497 INSPECTOR OF OILS— Appointment of 669 Term of office 669 Deputies 669 Duties of 671 Oath of 670 Record to keep open 673 Misconduct in office 674 Neglect — penalty for 675 Selling oil not inspected 675 INSPECTORS— Inspectors of Schools. Number increased — how 381a Emergency 381b INSURANCE COMPANIES— Tax or License Fee from Foreign Fire Insurance Companies for Benefit of Fire Departments. Foreign fire insurance companies to pay tax or license fee — penalty 420 Penalty for violating this act 421 Repeal 422 For Pensioning Disabled Fire Insurance Patrolmen, the Widows and Children of Deceased Patrolmen, Retirement and Pension- ing Members of Fire Insurance Patrol, etc. In what cities, etc., fund may be created 423 Control and management of fund — fund set aside to pay etc. — rules and regulations 424 Money to be paid into pension fund, except, etc 425 Investment of funds 426 Retirement of member — pension 427 Pension fund — to whom and when paid 428 Pensions for members of the fire insurance patrol re- tired, etc 429 To whom this act applies 430 Custodian of fund — bound 431 Moneys, how paid— when deposited — interest.... 432 Report 43^ Funds not liable to execution, etc 434 INDEX TO LAWS. 316 Section Creation of Board of Trustees of Firemen’s Fund and the Forma- tion and Disbursement of the Fund. Fund, how created — treasurers of fund 403 Board of trustees of firemen’s pension fund 404 Management of fund — assessment of members 405 Deciding upon applications — record of meetings 405 Rewards — gifts and devises — permanent fund 406 Power of board to draw fund — investing same 407 Deposit of securities 407 Interest from investment of fund — diminishing rate from licenses 408 Retirement on account of physical or mental disability. . 409 Death while in performance of duty — pension to widow. 410 When fund insufficient 410 Beneficiaries under prior act 411 Retirement after twenty- two years service, etc 412 To whom act applies 413 Treasurer of board, custodian of fund 414 Books and accounts— bond 414 Duty of mayor, or, etc., to draw warrants 415 Money paid only upon warrants signed, etc. — interest from fund 416 Report of board of conditions of fund 417 Fund not subject to levy either before or after order of distribution 418 Repeal 419 Tax and license on net receipts of foreign fire insurance companies and penalty for non-payment of same... 110 Tax on net receipts 795 J JUSTICE— Jurisdiction of Justice. Justices of the peace shall have jurisdiction in all cases for violations of the ordinances of cities, towns or villages 800 Number of — regulated how 751 Number of — to be regulated 813 L LABOR— To Protect the Labor of Native and Naturalized American Citizens. None but citizens or those having declared their inten- tion to be paid from public funds 760 Person employing labor to be paid out of public funds to make list, etc 761 Penalty for violating this act 762 Making false certificate — penalty 763 Employed to investigate and discharge aliens 764 Failure to take final papers 765 LANDS— Holding Lands as a Common, Endangered by Washing Away of Bank. May transfer site and preserve rights 486 How property may be acquired 487 When title of acquired land vests 488 INDEX TO LAWS. 31? Section CORPORATE AUTHORITIES— Costs of Procuring Lands. Lands for public parks, authority of corporate authori- ties to issue bonds to pay indebtedness 704 LIABILITIES— Liabilities — contracting of — limited 91 Constitution provision 655 LIBRARIES— Establishment by city, tax, fund, etc 677 Directors 678 Term of office — removal 679 Vacancies — compensation 680 Organization, powers of directors — funds 681 Who may use library 682 Report of directors 683 Penalties 684 Donations 685 Powers of villages, towns and townships 686 Directors in villages, etc % 687 Emergency 688. Erection of building, plans, cost 689 Duty of board, erection of building — investment of funds 690 How contract to be let 691 May rent portion — borrow money — tax levy: 692 Library association may sell, etc., to public libraries — meeting — notice 693 Vote — manner of making conveyance, etc 694 Incorporation of Free Public Libraries. Trustees may form corporation to establish 695 Corporation — how formed 696 Perfecting organization — corporate purposes 697 Powers of corporation — who members — property — taxa- tion 698 Records, etc., of cities, etc. — how certified 699 LICENSE — i Farmers. Sell produce without 801 Foreign Fire Insurance Companies. License fee to be paid by., 420 License to be paid by — on net receipts 110 House of Ill-Fame. Forbidden 245 Liquor — Under Special Charters Having a Special Prohibitory Liquor License Clause. Reorganization — how prohibitory clause may be re- tained 616 Election for retaining prohibitory clause 617 Plumbers. Licensing of 498-504 Saloon. Per cent from — for police and firemen fund 382a Steam Boilers. Persons in charge of — license, penalty 439 318 INDEX TO LAWS. Section LIGHTING AND HEATING— Conditions upon which privileges to lay pipes or string • wires for lighting purposes in streets may be granted 491 Remedy of property holder to enforce act 491 LIQUORS— SALE OF— Sale of Liquors Outside Cities, Villages and Towns. Penalty for selling liquor outside limits of cities, towns and villages 706 Any shift or device to evade, etc., an unlawful selling. . 707 What necessary to show on prosecution 708 Not to prevent county board from granting license.... 709 Prohibited in certain territory coming into the city. .. 616-617 LOCAL— Local improvements by special assessments — see im- provements 507-535 LODGING AND TENEMENT HOUSES— See Tenement and lodging houses 303-309 M MAGISTRATES— Police Magistrates. Election and term of office, jurisdiction 821 Emergency 822 Election of 249 Jurisdiction 249 Jurisdiction in municipal limit's 250b Mayor. Art. 2. His qualifications 14 Vacancy in office of 15-18 Pro tempore 17 Vacancy by removal from city 18 To preside 19 To vote only when tie 19 When he may remove officers ' 20 Powers to keep peace 21 May release prisoners 22 Duties of 23 To enforce ordinances 23 May examine books of city officers 24 Messages to council 25 - May call out militia to suppress riot 26 Misconduct of mayor or other officers 27 May appoint person to revise ordinances 28 Mayor’s Bill. Approval and veto of ordinances 273^-274 Passage over veto 275 Emergency 276 Approval and veto of ordinances 274 Passage of ordinance over mayor’s veto 275 Ordinance to be deposited in office of city clerk 274 Veto may extend to one or more items 274 Pass over mayor’s veto, yeas and nays to be entered on journal 275 INDEX TO LAWS. 319 Section MEDICAL— Inspection of house of ill-fame forbidden 245 MEETINGS— Town. Exceptions as to cities and villages 743 MUNICIPAL— Bonds. New bonds issued in place of old ones — how 771-787 Corporations. Interest on warrants of 489 Subscriptions. Made to railroads prohibited by constitution 656 Made to private corporations prohibited by constitution 656 N NAME— Changing name of village 234-242 NATIVE AMERICAN CITIZEN— Labor of — to be protected 760 Public funds to be paid only to 760 NON-RESIDENT— Not to be special constable, deputy or special police- man, etc 444 Penalty for 445 NON-SECTARIAN HOSPITALS— See hospitals 861-871 O OAK RIDGE— See cemetery 849-857 OFFICERS— Powers and Duties. Art. 6. Officers of the city 72-73 Council may create or discontinue certain offices 73 Marshal, his duties 73 Appointment of officers 74 Vacancies, how filled 74 Duties and term of appointive officers 74 Oath of office 75 Bond, official 75 Commission or certificate of election 76 Delivery of books, etc., to successor.... 76 Qualifications of officers 77 Officers not to be interested in contracts, etc 78 Bribery — penalty 79 Mayor, etc., not to hold other office 80-82 Duties of clerk 81 Record of ordinances 82 Conservators of the peace — powers 83 Compensation of mayor 84 320 INDEX TO LAWS. Section Compensation of aldermen 85 Compensation of other officers 86 Administering oaths 87 Further duties may be required of officers 107 Who may appoint subordinates 109 Liability for subordinates 109 Salaries of city officers not to be changed during term 271 Compensation of — unlawful to take greater sum than percentage, etc 372 Corrupt Practices of. Aldermen not accept any appointment under mayor. . . 802 Not to be interested in contracts — not to act as attor- ney to procure — bribery 803 Penalty „.. 804 Resignations and Vacancies. Resignations of elective offices 805 When office to become vacant 806 Who may determine when vacancy exists 807 Salaries or Fees. Not to be changed during term of office 654 Township. Election of 748 Villages. Continuance of old officers until 181 New organization — how affected 182 Petition — election — return, etc 183 Result — election of officers 184 Trustees — elected how 185 Term of office — how long 185 Corporate name 185 Powers and duties of — president and trustees 186 Appointment of officers — duties of 188 Fees of 188 Powers of constable 189 Election — powers of president 193h Provision — proceedings of 210i OIL— Oil Inspection. Appointment of inspectors — term of office — deputies... 669 Oath — bond — suit on 670 Inspector to test 671 Test — casks marked, inspector not to trade in oil 672 Record kept and open to examination 673 Penalty for misconduct in office 674 Penalty for neglect to give notice of, or selling oil not inspected counterfeit brands, etc 675 Fines how recovered and disposed of 676 ORDINANCE— Local Improvements. Restrictions on passage of 511 Publication of 517 Punishment of Persons Violating. Arrest imprisonment 299 Work-House 299 Repeal 300 INDEX TO LAWS. 321 Section Taxes. Tax to be levied Ill Villages. Suits on 191 Jurisdiction 191 OVERFLOWS— Threatened with Overflows or Inundations to Levy Taxes by Vote of Electors. When tax may be levied to strengthen or repair the levees around such city, village or town — rate of — ordinance 618 When clerk to extend tax — to be designated “levee tax” 619 When tax to be paid to treasurer 620 Duty of treasurer 621 This tax shall still permit levy of 2 per cent... 622 P PARKS— To Provide and Maintain Public Parks. What cities may acquire, by purchase or otherwise, lands for public parks 631 How money obtained to purchase 632 Under Township Organization. Township organization continued for park purposes. . . 701 When parks pass from control of park board 702 Power of city or village 703 Bonds issued to pay indebtedness 704 PATROL WAGONS— Patrol wagons to be covered 441 Unlawful to convey prisoner in uncovered patrol wagon 442 Penalty 443 PATROLMEN— Pensioning disabled patrolmen — see 423-434 PEDDLE— Who may without license 651 License to be issued free by clerk upon presentation, etc., penalty for violation of act 652 PERSONAL ESTATE— Ordinance passed by city council to sell real estate or personal estate, etc 378 Bids to be opened — how 379 Conveyance to be made — how and by whom 380 PETITION — Local Improvements. Take or damage property for local improvements 519 Contents of 520 PLATS— To be Recorded, etc. Plats of highways, etc., to be made and recorded 753 Prosecuting offenders 754 322 INDEX TO LAWS. Section Prosecuting attorney of city courts 755 When cemetery may be removed expense 756 May establish and maintain cemeteries acquire lands for 757 Power of two or more cities, villages or townships to establish jointly 758 Control by corporate authorities 759 PLEASURE DRIVEWAYS— See Driveways 435-438-815-820 PLUMBERS— For the Licensing of Plumbers and to Supervise and Inspect Plumbing. Person working as plumber to receive certificate 498 Board to examine plumber’s certificate 499 Board to be appointed by the mayor 500 Meeting of board of examiners — scope of examination — certificate of qualification — fee for 501 Cities, etc., to prescribe rules and regulations for the material, constructions, alterations and inspection of all plumbing and sewerage, etc 502 Who required to take examination and procure certifi- cates 503 Penalty for violating act 504 Repeal 505 Plumbing. Inspection of plumbing 502 Inspector of plumbing 498-503 Penalty for violating plumbing act 504 POLES— Consent necessary to erect 834 Consent necessary to erect on roads and streets, etc., record — alteration 742 POLICE— Police Magistrates. Election, etc. — jurisdiction 249 Emergency 250 Police Magistrates Elected in Cities and Villages Lying in Two or More Counties. City or village lying in two counties — where police magistrate shall hold office — jurisdiction in town- ship 250a Jurisdiction in municipal limits 250b Judgments of Certain Police Magistrates Legalized. Election and qualification of certain police magistrates legalized 250c Emergency 250d Police Districts. What shall be a police district ' 251 Police may go into any part of such district to suppress riot, etc 252 Emergency : 253 INDEX TO LAWS. 323 Section Police and Firemen’s Relief Fund. How fund created 382* Per cent from licenses for keeping of saloons, etc 382a How city may adopt provision of section 382b Mayor, etc., trustees of fund* 383 Board to control fund 384 Treasurer to give bond for fund 385 Warrants drawn on treasurer 386 Permanent disability — death — annuity 387 Who may obtain benefits 388 How money paid out . 389 Repeal 390 Police Pension Fund. How fund created 391 Board of police pension fund commissioners 392 Who shall be pensioned — service for twenty years, etc. 393 Physical disability — retiring from active service 394 Certificate of disability 395 Death in performance of duty— pension to widow — death in service . . 396 Reporting to chief for examination 397 Pension lost by crime, misdemeanor, etc 398 Meetings of board — officers — certificate 399 Record — list of pensioners — quorum 399 Powers of board 400 Report to board by treasurer 401 Beneficiaries under prior act — when not sufficient money 402 Matrons. Appointment of police matrons.... 490 Salaries of police matrons 490a Police Magistrates. Election 821 Term of office 821 Jurisdiction ..<.... 821 Special Police. Constable or special police 444-445 PRODUCE— Who may sell without license 801 PROHIBITING ANIMALS— Prohibiting animals from running at large in cities, towns and villages 768 Penalties 769 Animals may be held for fines and damages 770 PROHIBITORY LICENSE— Certain territory coming into city under 616-617 Reorganization — how prohibitory clause may be re- tained 616 PUBLIC BUILDINGS— May be rebuilt when destroyed by cyclone by special tax 627-630 324 INDEX TO LAWS. Section R RAILROADS— Municipal Subscription. To railroads prohibited by constitution 656 Speed. Through cities 705 Damages by trains running too fast through cities 705 Speed, damages, etc., through cities 823 Flagmen, shelter v 824 RATE OF TAXATION— Rate of taxation 284 Levy — legalizing of 285 Emergency 286 When rebate made 277 When release made 278 REAL ESTATE— Cities may convey real estate 374 How real estate held for school purposes may be con- veyed 374 When real estate ceases to be used for school purposes 375 Trustees under special charter — rights of 376 Repeal 377 To Authorize Cities and Villages to Convey Real or Personal Es- tate not Necessary, etc. City council or board of trustees may pass ordinance to sell real or personal estate, no longer necessary, etc 378 What ordinance shall specify — notice of sale — opening of bids 379 By whom and how conveyance to be made 380 Towns, Cities and Villages Incorporated by Special Charter Con- veying Real Estate for School Purposes. How town, city or village may convey real estate for school purposes 381 RECORDS— Records of cities, etc. — how certified 790 Records, etc., of private corporations — how certified... 791 REGISTRATION — Registration of electors 788 RELIEF FUND— See police and firemen’s relief fund 382-402 RESIGNATION OF OFFICERS— Resignation of elective office 805 Office become vacant — when 806 Vacancy determined by whom 807 REVENUE— Certificate of rates 825 Return of delinquent special assessment 826 City may buy in at sale 827 How may be assessed, and collected 828 May levy tax, annually for school purposes 829 INDEX TO LAWS. 325 Section ROAD— Location of 700 Consent 700 Notice 700 Damage 700 RUNNING— Animals at Large. Prohibiting - in cities, towns or villages 768 Penalties 769 Animals held for fines and damages 770 Railroad Trains. Speed of trains 705 S SAILORS AND SOLDIERS— Ex-Union Sailors and Soldiers may Peddle Goods Without License. Who may peddle, etc., without license 651 Clerk to issue license free upon presentation, etc. — penalty for violation of act 652 SALARIES— Constitutional provision on changing salaries -and fees during term of office 654 SCHOOLS— Directors. School directors 710 School directors, how appointed 711 Organization of board-powers, duties 712 Certificate of tax 713 Increasing the Number of School Inspectors Elected Under Special Acts. Increases the number of school inspectors:, etc 381a Emergency 381b Exclusion — Color. Exclusion of colored people prohibited..... 830 Penalty for exclusion on account of color 830 Prevention of Child Attending. Preventing child attending 831 Penalty 831 Real Estate. Conveyance of real estate held for. 374 Conveyance of to be used for school purposes 381 Taxes. Right to levy and assess against property for 381c Right to levy against property for 381d SEWERAGE AND DRAINS— Sewerage. City may contract for sewerage 323 How contract made 324 INDEX TO LAWS. Section To Divide Cities and Villages Subject to Overflow into Improve- ment Districts. Improvement districts — grade — special assessments.... 325 Corporate authorities — duty of — survey — costs of work. 326 Improvement district may issue bonds — style and man- ner of proceeding 327 Interest and principal of such bonds — how to be paid.. 328 When railroad company to pay a portion of the work. . 329 When property belongs to minors 330 How powers granted, exercised, and how construed.... 331 Rights of the holders of such bonds 332 Emergency 333 To Authorize Cities, etc., to Construct and Repair Drains, etc. Power to construct drains 334 Drainage improvements by special assessment 335 Proceedings in 336 To Authorize Cities of 100,000 Population and Under to Construct Outlet Sewers, Reservoirs, Pumping Works, etc. Cost of outlet sewers may be borne by special assess- ment or by special taxation 606 Cost of repairing outlet sewers may be borne by special assessment or by special taxation 607 May acquire real and personal property necessary for right of way and easements, etc 608 Ordinance to prescribe whether the same shall be made by special assessment or special taxation 609 When city council may order petition to be filed 610 Form of petition 611 Subsequent proceeding 612 Proceedings ior assessing and collecting the costs, etc. 613 What it shall be lawful to provide by the ordinance authorizing outlet sewer 614 May issue bonds and retire'the same 615 SIDEWALKS— By taxation 291 Provided how 292 Neglect of owner 293 Costs collected of owner 293 Failure to collect 294 Judgment obtained — how 295 When constructed by owner 296 SOLDIERS AND SAILORS— Ex-Union soldiers and sailors may peddle goods, etc., without license 651-652 Who may peddle, etc., without license 651 Clerk to issue license free upon presentation, etc., penalty for violation of act 652 SPECIAL CONSTAELE OR SPECIAL POLICE— Non-resident not to be deputy, special constable or special policeman, etc 444 Penalty for 445 SPEED— Railroads through cities 705-823 INDEX TO LAWS. 327 '• 1 I ' 1 Section STEAM BOILER EXPLOSIONS— Person in charge of steam boilers — license, penalty. . . . 439 Board to examine — license, etc 440 STREET RAILWAYS— Location of road — consent, notice — damages 700 STREETS OR ROADS— Labor. Labor on 289 * Pines and penalties 290 Poles. Not to be erected without necessary consent 834 Privileges. Granting of — for laying pipes or stringing wires 491 Vacation of. Three-fourths vote required, damages 744 Rights of adjoining owners 745 Poles. Consent necessary to erect — record alterative 742 SUBSCRIPTIONS— Municipal subscriptions to railroads prohibited by con- stitution 656 Municipal subscriptions to private corporations pro- hibited by constitution 656 SUITS— How brought to recover fines 302 SURPLUS FUND OF TAX— Proportion of 287 Drawback, etc 288 SWORN STATEMENTS— See collections — sworn statements of collections to be made 659-686. T TAX— Cyclone. Rebuilding public buildings — when destroyed by 627-630 Foreign Fire Insurance Companies. Tax on — for fire departments 420 Tax on net receipts of foreign fire insurance companies. .110-795 Hospitals. Establishment of 862 Improvements. Tax — general — when made 116 Special improvements — local 507-535 Libraries. Tax for libraries 677-692-698 INDEX TO LAWS. 328 Section Overflows. Repair or strengthen levees — when 618 Clerk to extend 619 Paid to treasurer — when 620 Permitting levy of 2 per cent 622 Duties of treasurer 621 Constitutional power to tax 653 Constitutional exemption for certain property from taxation 657 Tax rate to be certified by proper authorities 658 TAX ANNUAL— School purposes 829 Water Works. Power to levy for construction and management of water works 270h Power to levy for purpose or erection of water works. . . 270i Submission to voters — power of 270j Power of city council, etc 270k Issue bonds against taxes 2701 Levied for supply of 267 Borrow money and levy general tax 267b TAXES— T axes. How assessed and collected 283 Rate of Taxation. Rate of taxation 284 Legalizing levy ' 285 Emergency ’ 286 Surplus Fund of Tax. Proportion of tax 287 Drawback, amount, etc 288 Labor on Streets. Labor on streets 289 Fines and penalties 290 Sidewalks. By taxation 291 What ordinance may provide 292 Where owner neglects 293 Costs collected of owner 293 Special tax, failure to collect 294 Officer to obtain judgment 295 When constructed by owner 296 Rebate and Reduction of Taxes, etc. Rebate when property destroyed 277 Reduce or release tax or assessment 278 Sewerage, Water and Light Taxes. Sewerage fund tax 280 Sewerage fund and light tax 281 Repeal 282 Refunding illegal taxes by city — limitation 373 Under Special Charters — Right to Levy and Assess Taxes for School Purposes, etc. Right to levy and assess taxes for school purposes against property 381c INDEX TO LAWS. 329 Section Right of cities referred to in Sec. 1, to levy taxes for school purposes, etc 381d Assessment and collection of taxes 111-115 Ordinance levying tax : Ill Manner of collecting 112 Time of paying over 113 When tax levied for particular purpose 114 Tax to be uniform 115 When improvements made by general tax 116 • TELEGRAPH COMPANIES— Telegraph Companies. Consent necessary to erect poles, etc., on roads, streets, etc 834 TENEMENT AND LODGING HOUSES— Architect to submit plans to commissioners, etc 303 Duty of plumber 304 Plumber to notify health commissioners 305 Architect — penalty for violating act . . 306 Plumber — penalty 307 Emergency 308 TOWN— When Organized from City Territory. Territory of city organized as town 746 Town in city 747 Election of township officers 748 Powers exercised by council 749 What city council may provide 750 May regulate the number of justices 751 Vacancies 752 TOWN MEETINGS— Exceptions as to cities and villages 743 TOWNS— Organization of Towns by County Boards. Territory of city organized as a town 808 Town in city. 809 Election of officers 810 Powers exercised by council Sll What city council may provide 812 May regulate the number of justices 813 Vacancies in town offices 814 TOWNSHIP— Organized for park purposes 701 TRAMWAYS— Location of road — consent — damages — notice 700 TREASURER— Duties of treasurer 92 Funds’ kept separate : 93 Receipts to be given by 94 Statements — monthly 95 Warrants and vouchers filed with clerk on settlement. . . 94-95 330 INDEX TO LAWS. Section Warrants registered 95 Separate accounts of each fund, etc 93 Funds to be deposited separate from his 96 Annual report 97 Publication of report 97 Warrants drawn on treasurer — how signed 98 Keep special assessment funds separate 99 TRUSTEES— Board of trustees of firemen’s fund — how created and their duties — see insurance companies 403-419 V VACANCIES OF ELECTIVE OFFICES— When become vacant 806 Vacancy determined by whom 807 In town offices 814 VACATION— Streets of, see streets 744-745 Alleys of, see streets 744-745 Highways, see streets 744-745 VILLAGES— Organization of Villages. Art. 11. By incorporated towns 178 Ballot 179 Returns — canvass — records 180 Results — old officers continue until, etc 181 New organization — how affected • 182 Petition — election — return 183 Result — election of officers, etc 184 Trustees to be elected 185 Term of their office 185 Corporate name 185- Corporate power : 185 Powers and duties of president and trustees 186 Style of ordinances 187 Appointment of officers 188 Duties of officers, prescribed by trustees 188 Fees of officers prescribed by trustees 188 Constable, his powers 189 ‘ Annual elections 190 Special elections 190 Suits on village ordinances 191 Jurisdiction on ordinances 191 Fines paid into village treasury 191 Police magistrate 192 No incorporation allowed under former laws 193 Changing from city to village 193a The Organization of Village from a Village. By part of village or incorporated town 193b Elections — how conducted — ballot 193c When subsequent elections may be held 193d When such territory shall become a village 193e Elections of officers 193f Certain sections applicable — when such new village con- sidered incorporated 193g INDEX TO LAWS. 331 Section Election of President of Village. Election of president — powers of 193h Repeal 193i Travel on Bridges in Cities, Towns, etc. Penalty, for fast driving 194b Annexing and Excluding Territory. Petition to be annexed — vote of people — annexing 195 Annexing one corporation to another 196 Proceedings by corporation to annex territory 197 Notice of proceedings 198 Objections to annexation — trial . 199 Finding — costs, etc 200 Proceedings by owner to be arlnexed.' 201 Disconnecting Territory. Proceedings to disconnect 202 Map and ordinance recorded 203 School districts may use this act 204 Judicial notice of change ; 205 Disconnecting territory 206 Ordinance recorded 207 Judicial notice 208 What property act applies 209 Repeal 210 Emergency 210% Division of Incorporated Yowns. Manner of disconnecting — election — notice 210a When more than one petition presented 210b When division not to affect assessment 210c New town — vesting property 210d Manner of division of property and indebtedness 210e Division — annual tax levy... 210f Proceedings commenced before division for improving street — how carried on 210g Provisions as to sewers, water works, gas or electric light system 210h Provision as to officers — justices of the peace — proceed- ings 210i School districts 21 Oj Annexation of Cities, Incorporated Towns and Villages. Petition to be annexed — how question submitted — re- turns 211 When inhabitants of territory desire to be annexed — pro- ceedings * 212 When petitions are presented to annex the whole and also a part of a city, etc 213 Proceedings on annexation — payment of debts — division of property, etc 214 When whole of city, etc., annexed — annual appropriation ordinance — tax levy 215 Annexation not to interfere wth tax levy, etc 216 Annexation — suits, how defended and prosecuted 217 When part of city, etc., annexed — payment of indebted- ness — division of public property 218 When tax levy made before annexation 219 When proceedings instituted before annexation to im- prove streets, etc 220 332 INDEX TO LAWS. Section When proceedings instituted to take land for opening street or alley before annexation 221 Annexation — use of water works, gas or electric light system 222 Annexation — proceedings for division of property 223 Transfer of books, documents and papers 224 Upon annexation provision as to continuance of officers. 225 Provision as to justices of the peace and their jurisdic- tion on annexation 226 Transfer of firemen and policemen 227 Annexation — license to keep dram shop — submission of question 228 What constitutes a ward — election of aldermen 229 Sewers may be built by special assessments 230 Jurisdiction of county board to annex part of city to town, etc 231 Repeal 232 Emergency 233 Changing Name. Petition 234 Proceedings ✓ 235 Duty of secretary of state 236 Time of hearing to be fixed 237 Notice of time of hearing petition 237 Hearing petition and remonstrances 238 Order filed with secretary of state — notice 239 Rights saved 240 When change void 241 Name of unincorporated town, etc 242 W WAGES— Weekly Payment of Wages by Corporation. Corporations named herein shall pay their employees weekly 858 Corporation violating act — penalty 859 Recovery of penalties 860 WARD— What constitutes 229 WARRANTS— Interest on Warrants of Municipal Corporations. Interest on warrants of municipal corporations 489 When warrants may be drawn. 796 Anticipatory warrants 797 Interest on warrants 798 Publication to stop interest..^ 798 When warrants may be drawn 796 Not sufficient money — issue of warrants 797 Warrants draw interest, rate, publication to stop in- terest 798 An act entitled “An act to provide for the payment of interest on warrants of municipal corporations,” ap- proved June 15, 1895, in force July 1, 1895, is hereby repealed 799 Signed how 98 State funds drawn upon 98 INDEX TO LAWS. 333 Section Register — of warrants paid 95 Filed with clerk on settlement 95 WATER— Miscellaneous Provisions — Water. Art. 10. Water, city or village may supply 169 May borrow money for 169 Water works, may acquire property for 170 Jurisdiction to protect water works, etc 170 Regulations 171 Water rates, tax, assessment 171 Tax payer may enforce rights in name of city, etc 172 Maps — -approval of 173 Inhabitants competent as jurors, etc 174 Population — census 175 Municipal year 176 City or village need not give appeal bond 177 WATER WORKS— Power to supply water 254 Letting contracts 254 Borrow money — tax 255 May acquire property for works, etc 256 Rules and regulations 257 Special assessment 258 Separate fund 259 Receipts for water a separate fund 259 When act does not apply 260 Emergency 261 Water supply for cities, villages, etc 266-270 Power to contract for water 266 May levy tax to pay for supply 267 May lease or purchase water works 267a May borrow money and levy general tax 267b Water Company May Locate Source of Supply Beyond (Cor- porate Limits. May enter on land and construct lines 267c Proceed under right of eminent domain 267d Punishment of person interfering 267e May fix rates for water supply , 267f Cities — powers and privileges 268 Board may raise money 269 May construct wells, or may lease water privileges 269 Emergency 270 Water Works. May acquire water works — payment for such building or purchase 270a Ordinance — publication of — petition — submission to vote. 270b Water fund — certificates — payment of 270c May mortgage water works system 270d Foreclosure of certificates 270e Rights of purchaser at foreclosure sale 270f How act construed 270g To Buy or Construct Water Works, and to Provide for the Man- agement Thereof, etc. Power to levy a direct annual tax of not more than 1 per cent 270h 334 INDEX TO LAWS. Section Contract for purchase or erection of water works — direct annual tax 270i Such contract and tax after action by the council to be submitted to voters — manner of submission 270 j Power of city council and board of trustee under this act 270k Power to issue bonds against taxes levied 2701 Bonds — when to mature — interest 270m Form of bonds 270n Fixing water rentals or rates 270o Water district created by two or more villages, etc. — how governed 270p This act confers additional powers on city councils, etc. . 270q WATER— Sewerage and water taxes 280-281 WIDOWS— Widows of disabled patrolmen, see .423-434 GENERAL ORDINANCES OF the; CITY OF SPRINGFIELD. An Ordinance relative to the revision and recompilation of the City Code. Whereas, The City Council of the City of Springfield having passed an order for the revision and re-compilation of the City Code, therefore, Be it ordained by the City Council of the City of Springfield as follows, to -wit v CHAPTER I. Article I. THE MAYOR AND HIS DUTIES. Sec. 1. Mayor — bond.] The mayor of the city of Spring- field, before entering npon 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. Office — location of.] 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; Shall sign commissions.] 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 signa- ture. 4. Grant licenses.] 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. 5. Supervise conduct of officers, etc.] 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 corrected, or reported to the proper tribunal for punishment. 6. Appoint appointive officers — fill vacancies.] The mayor shall appoint, by and with the advice and consent of the city council, all officers of said city whose appointment is not other- wise provided for by law; and whenever a vacancy shall occur 338 GENERAL ORDINANCES OF CITY. 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. Other duties shall perform.] 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 COUNCIL. 339 CHAPTER II. LEGISLATIVE DEPARTMENT. Article I. The City Council. II. The City Clerk. Article I. THE CITY COUNCIL. Sec. 8. Stated or adjourned meetings.] 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 each and every Monday in each and every month, at eight o’clock P. M., except when such days may happen to be legal holidays, in which case the council shall meet on the next day following, at the same hour. Adjourned meetings may be held for the purpose of completing unfinished business of regular meetings at such time or times as may be determined by the council. [As amended September 23, 1901. 9. Meetings of standing committees.] The meetings of all the standing committees shall be held the Friday evenings pre- ceding the regular meetings of the city council at the same hour as the council meetings are held; said meetings to be held in the committee rooms of the city hall. [Passed Oct. 16, 1899. 10. Special meetings — by whom called.] Special meetings of the city council may be called by the mayor or any three aider- men, 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 no business shall he 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. 11. Quorum — attendance compelled.] A majority of the aldermen elected to the city council shall constitute a quorum for the transaction of business; but a smaller number may ad- GENERAL ORDINANCES OF CITY. 340 journ from time to time, and may compel the attendance of absentees under such penalties as may be prescribed by ordin- ance. 12. No vote reconsidered unless, etc.] No vote of the city council shall be reconsidered or rescinded at any special meet- ing thereof, unless at such special meeting there shall be present as many aldermen as were present when such vote was taken. 13. Standing committees — how appointed.] The standing committees of the city council shall be annually appointed by the mayor, and he shall be authorized to fill vacancies occurring in anv of said committees. 14. Committee report — when deferred.] 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. 15. Committee reporting to attach papers, etc.] Every committee of the city council, in reporting upon any subject referred to them, shall attach to their report all papers or docu- ments, in the possession of the committee, relative to the matter so referred. Article II. THE CITY CLERK. 16. City clerk — bond.] 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, condi- tioned for the faithful performance of the duties of the office, and the payment 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. 17. Office — hours.] 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. THE CITY CLERK. 341 18. Attend meetings — keep journal — issue notices, etc.] 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 committees of that body, and to all other persons whose attendance may be required before any such committee, when so directed by the chairman thereof. 19. Deliver papers, etc., to committee and other papers to proper officers.] Said clerk shall, without delay, upon the ad- journment of each meeting of the city council, deliver to the several committees of that body, and to the officers of the cor- poration, all petitions, communications, reports, resolutions, orders, claims and other papers, referred to those committees or officers by the council. He shall also, without delay, deliver to the mayor all ordinances or resolutions, in his charge, which may require to be approved or otherwise acted upon by the mayor. v 20. Shall prepare license, commission, etc., — deeds — attest same with seal.] Said clerk shall prepare all commissions, licenses, permits, and other official documents required to be issued 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. 21. Report to city comptroller monthly.] 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 at- tended by such alderman during the preceding month. 22. Ex-officio clerk of Capital township.] The city clerk shall be ex-officio clerk of Capital township, and shall keep a separate record of all the proceedings of the city council in rela- tion to said township — the same lying and being within the corporate limits of the city of Springfield. 23. May appoint deputies.] He may, when necessary, and upon being authorized by the city council, appoint a deputy, 342 GEN Kit AL ORDINANCES OF CITY. who, during the temporary absence or disability of the clerk, shall be empowered to perform all the duties of the city clerk. 24. Keep in office all books, records, etc., deliver to succes- sor.] He shall carefully preserve in his office all books, records, papers, maps and effects of every description, belonging 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. 25. Other duties.] In addition to the foregoing duties, the city clerk shall perform all such other and further duties, per- taining to his office, as are or may be imposed upon him by law or ordinance. THE CITY COMPTROLLER. 343 CHAPTER III. DEPARTMENT OF FINANCE. Article I. Finance— Fiscal year. II. The City Comptroller. III. The City Treasurer. IV. The Finance Committee. xArticle I. FINANCE FISCAL YEAR. Sec. 26. Finance department.] There is hereby estab- lished an executive department of the municipal government of the city of Springfield, which shall be known as the “Depart- ment of Finance,” and which shall have control of the fiscal concerns of said city in the manner as hereinafter provided. 27. Who embraced in.] Said department of finance shall embrace the city comptroller, the city treasurer and the finance committee of the city council. The comptroller shall he the head of said department, and shall have the management of all matters and things pertaining thereto. 28. Fiscal year.] The fiscal year of the city of Springfield shall commence on the first day of March in each and every year, beginning March 1, 1884. Article II. THE CITY COMPTROLLER. 29. Comptroller, term of office.] 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. 30. How and when appointed.] 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. 344 GENERAL ORDJ NANCES OF CITY. 31. Oath — bond.] lie 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 pay- ment of all moneys that may be received by him as such comp- troller, according to law and the ordinances of said city. 32. Powers and duties.] The city comptroller shall have and exercise a general supervision over all officers of the city charged in any manner with the receipt, collection or disburse- ment of the corporation 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 preserve all special assessment warrants, except warrants for the collec- tion of water rents, and the returns thereon made by any collec- tor or receiver of special taxes or special assessments. 33. Finances, revenues and property — supervision of.] Said comptroller shall have supervision over the city debts, con- tracts, 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 coun- sel, in special cases, when he thinks the interests of the city re- quire it; and generally, in subordination to the mayor and city council, to exercise supervision over all such interests of said city as may concern or relate to its finances, revenues or property. 34. Books to be kept subject to examination.] Said comp- troller 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 ap- propriations of the fiscal year for each distinct object and branch of expenditure, and also the receipts from each and every source THE CITY COMPTROLLER. 345 of revenue, so far as he can ascertain the same. Said books, and all contracts, 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 com- mittee thereof. 35. Revise and audit accounts.] Said comptroller shall revise and audit all accounts or claims allowed by the city coun- cil, and all other accounts in which the corporation is concerned, either as debtor or creditor, where provision for their adjust- ment is not otherwise made and provided for by law or ordi- nance; 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 committee for its decision thereon, or else make report thereof to the city council. 36. Warrants — books to he kept.] He shall keep, in a suita- ble 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 person 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. Adjustment and settlements — claimant to make oath.] That no warrant shall be drawn on the treasurer of the city in favor of any person for any goods furnished or work done for the city, unless the claimant shall subscribe and make oath, either before its presentation before the council; and, in other cases, before the comptroller drafts the warrant, that the claim is just, due, and unpaid, that all just credits, deductions and set offs have been allowed, and that no alderman or other city officer has, either personally, or, as a member of any firm, or stock holder of any corporation, any interest in the claim or contract for which the claim is made, either directly or in- —13 GENERAL ORDINANCES OF CITY. 34() directly: Provided, this section shall not apply to the pay roll of the superintendent of streets, or to warrants drawn for the stated salary of city officers. [Passed Aug. 1, 1887. 38. Monthly report of officers required — may proceed against delinquents.] The city comptroller shall require all officers charged in any manner with the receipt, collection or disburse- ment of the city revenues, to submit monthly reports, in writing, showing in detail all such receipts, collections and disbursements, 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 comptroller 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. 39. Accounts — how kept.] 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 charg- ing 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 obliga- tions 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 paya- ble, and such other particulars as may be necessary to the full understanding thereof. 40. When fund exhausted, etc.] Whenever any fund or appropriation 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. THE CITY COMPTROLLER. 347 41. Transfer of balances to general funds.] It shall be the duty of said comptroller to transfer and place to the credit of the general fund all unexpended balances of appropriations of the former year, remaining at the time that the annual appro- priation bill of each year goes into effect: 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 liabili- ties incurred on account of any such appropriation and remain uncompleted or unpaid at the time the appropriation bill goes into effect, nor of any fund created for any purpose or the payment of any liability exclusively provided for by taxation. [As amended February 24, 1888. 42. Bond register — how kept.] Said comptroller shall keep in his office, in a book provided expressly for that purpose, to be known as the “Bond Register,” a full and correct list of all the outstanding 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, canceled or paid, said register shall show the fact; and, in his annual report to the city council, the comptroller shall describe # par- ticularly the bonds sold, exchanged or redeemed during the fiscal year, and give an itemized statement of the expenses thereof. 43. Public improvements — contracts let — list kept.] 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 improve- ments, shall be filed in the comptroller's office ; and no such con- tract shall be valid unless countersigned by said comptroller. 44. Sale for special assessment — shall attend.] 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 pro-, ceedings in the county court of Sangamon county, to enforce the collection of any special tax or special assessment, levied GENERAL ORDINANCES OF CITY. 348 and assessed by ordinance of the city council, for any public improvement, and to bid at such sales on behalf of the city. 45. Licenses to be countersigned.] All licenses, when issued, shall be presented to the comptroller, who shall counter- sign 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. 46. Monthly report to council.] 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 purpose and on what account said warrants were drawn or paid. 47. Annual report — when and how made — what shall con- tain.] Said comptroller shall, within twenty days after the first day of March, in each year, make out an annual report, 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 liabilities of the city, the condition of all unexpended appropriations and contracts unfulfilled, the balance of money then remaining in the treasury, with all sums due and outstanding; 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 condition of the city ; which report, when examined and approved by the finance committee, shall be published by the comptroller, without delay. 48. Estimate expenses of city for fiscal year — classify same.] 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 cor- poration during the current fiscal year. He shall, in said re- THE CITY TREASURER. 349 port, 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 re- • quire of all city officers statements of the condition and expenses of their respective offices or departments, with any proposed improvements, and the probable expenses thereof, and of all contracts made and uncompleted, and the amount of any and all unexpended appropriations of the preceding fiscal year. He shall also in such report, show the aggregate income of the preceding 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 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. 49. Deliver papers to successor.] Upon the expiration of his term of office, or his resignation thereof or removal there- from, the city comptroller shall, on demand, deliver to his suc- cessor in office all property, books, records, papers, and effects of every description, in his possession, belonging to the city, or appertaining to his said office. Article III. THE CITY TREASURER. 50. Bond of.] The city treasurer, before he enters upon the duties of his office, shall execute a bond to the city of Spring- field 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 performance of the duties of the office, and the payment of all moneys received by him, according to law and the ordinances of said city. 51. Moneys and accounts — how kept.] 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, GENERAL ORDINANCES OF CITY. 350 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. 52. Register of warrants — how kept.] 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. 53. Warrants lost or destroyed.] 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 per- son shall apply by petition to the city council for relief, and the council may order the comptroller to issue a duplicate war- rant 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 warrant, and pay all costs, in case the original or lost warrant should be presented, and said city be compelled to pay the same. 54. Special funds.] All moneys received by the city treas- urer 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 improvement. 55. Corporate moneys kept separate from own — use of pro- hibited, violation.] 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 bene- fit, or that of any other person or persons whomsoever; and any violation of this section shall subject him to removal from office by the city council. 56. Report delinquent officer to comptroller, etc.] 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 THE CITY TREASURER. 351 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. 57. Books and accounts — how kept.] 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 under- stood; 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. 58. Monthly account rendered to comptroller.] Said treasurer shall, at the end of each and every month, and oftener if so required, render an account, under oath, to the city comp- troller, 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 preced- ing month, which warrants, with any and all vouchers held by him, shall be delivered to the city comptroller, and filed with his said accounts in the comptroller’s office; and he shall return all warrants paid by him stamped or marked “paid.” 59. Annual report.] 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 ex- penditures of the corporation, as shown by his books, and of all his transactions 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 del^y. 60. Shall be ex-officio collector.] The city treasurer and ex-officio city collector of special taxes and speci'al assessments shall, within forty days after the issue and delivery to him of any warrant for collection of special taxes or special assess- ments, make a report, in writing, to the county treasurer and ex-officio county collector of Sangamon county, of all lands, town lots and real property on which he shall have been unable 352 GENERAL ORDINANCES OF CITY. to collect special assessments and special taxes mentioned in the warrant, with the amount of special assessments or special taxes unpaid thereon, with the warrant received by him, or a brief description thereof; such report shall be accompanied by the oath provided by law. [Passed October 3, 1887. 61. Office abolished.] The office of collector of special taxes and special assessments in the city of Springfield shall be hereby discontinued at the close of the present fiscal year of said city February 28, 1887. [Passed November 5, 1886. 62. Treasurer to act as collector.] The city treasurer of the city of Springfield shall perform the duties which now de- volve upon the city collector, and all warrants for the collection of special taxes and special assessments levied under any ordi- nance of said city shall be delivered to the city treasurer, and it shall be his duty to execute all such warrants as provided by law. 63. Special assessment — notice of.] Upon receipt of any warrant for the collection of any special tax or special assess- ment, the city treasurer shall immediately give notice thereof by publication in a newspaper published in said city. Such notice shall be substantially as follows: SPECIAL (ASSESSMENT OR TAX) NOTICE. Special Warrant No. Notice is hereby given that the County Court of Sangamon County has ren- dered judgment for a special (assessment or tax) upon the property benefited by the following improvement, (here insert the character and location of improve- ment in general terms), as will more fully appear from the certified copy of the judgment on file in my office. That a warrant for the collection of such (assess- ment or tax) is in the hands of the undersigned. All persons interested are hereby notified to call and pay the amount assessed at the city treasurer’s office (here in- sert location, ) within thirty days from the date hereof. Dated this day of 18 City Treasurer. 64. Special tax — demand for — not affected by omission to notify.] The city treasurer shall, as far as practicable, call upon all persons resident in the city whose names appear on the warrant, or the occupants of the property assessed, and per- sonally, or by written or printed notice left at their place of abode, inform them of such assessment, and request payment of the same. If the city treasurer shall omit this duty he shall THE CITY TREASURER. 353 be liable to a penalty of ten dollars for such omission; but the validity of the special assessment or special tax, or the right to apply for and obtain judgment thereon, shall not be affected by such omission. 65. To receive assessments — receipt in duplicate.] The city treasurer is hereby authorized and instructed to receive from any person or persons, against whose property any special tax or special assessment for local improvements is or may be assessed, the amount of such special tax or special assessment, less such discount, if any, as is provided for by the contract under which such improvement is made; and he shall, in each case, execute a receipt in duplicate, which receipts shall be countersigned by the city comptroller; and the person paying shall retain one receipt, and the comptroller the duplicate. The treasurer shall write the word paid on the warrant opposite the tract paid on, and give the name and postoffice address of the person paying, and the date of payment. 66. Receipt book — how kept.] The receipts shall be given from a book in which shall be retained the stub, and the receipt shall show the exact date of payment, the person paying, the property paid on, the amount paid, and for what improvement. 67. Report to county collector.] The city treasurer shall, on or before the first day of April in each year, return a report or reports in writing to the county collector of Sangamon county, of all the lands, town lots and property, on which he has been unable to collect the special assessments or special tax levied thereon, showing the amount of the same due and unpaid, to- gether with the warrant or warrants, or a brief description of the nature thereof, which report shall be verified by his oath that it is a correct return and report of the lands, town lots and real property on which the special assessments and special tax, levied by authority of the city of Springfield, remain due and unpaid; and that he is unable to collect the same or any part thereof, and that he has given the notice required by law that said warrant had been received by him for collection. [Passed November 6, 1886. 68. No extra compensation.] The city treasurer shall re- ceive no extra compensation beyond his regular salary as city 354 GENERAL ORDINANCES OF CITY. treasurer unless the city council shall so order, and extra com- pensation shall, in no case, be voted or established to take effect during that fiscal year, or during any treasurer’s term of office after he is elected and qualified. [Passed November 5, 1880. Article IV. THE FINANCE COMMITTEE. 69. To control all finances — examine accounts of officers, etc.] The finance committee of the city council may prescribe the manner in which the books and accounts of all officers of the corporation shall be kept, in order to establish 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 preserved, 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 neg- lect 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. 70. Decide all questions between officers.] In the adjust- ment of the accounts of the treasurer 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 pro- vide. 71. Make examination of officers’ accounts annually.] The finance committee shall meet, annually, upon the close of each fiscal year, and examine and compare the reports and statements made by ' the comptroller and treasurer, or other city officer, and shall report thereon to the city council. THE CITY ENGINEER. 355 CHAPTER IV. DEPARTMENT OF PUBLIC WORKS. Article I. The City Engineer. II. The Superintendent of Streets. III. Contracts for Public Works. IV. City Electrician. Article I. THE CITY ENGINEER. Sec. 72. Who embraced in department of public works.] 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 em- brace 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. 73. City engineer — term of office.] 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 ap- pointed and qualified. 74. How and when appointed.] 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. 75. Bond — amount of.] He shall, before assuming 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 three thousand dollars, with sureties to be approved by the city council, conditioned for the faithful performance of the duties of the office. 76. Duties of engineer.] The city engineer shall devote his entire time to the discharge of the duties of his office. He shall, when required by the mayor, the city council or any com- mittee thereof, make out and submit plans, estimates and GENERAL ORDINANCES OF CITY. 356 specifications for any public work, which may be proposed or ordered by the city council. 77. Shall superintend all public work — make report, etc.] He shall, when required by the mayor or city council, superin- tend the construction of any public work of the corporation, and shall daily, or as often as itiay be necessary, 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 accordance with his contract and speci- fications, said engineer may suspend the work, and shall there- upon report the facts to the mayor. 78. Shall inspect, receive and measure material — audit bills, etc.] 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 materials so received by him, or in connection with his department, and, if found correct, shall certify the same to the city council for allowance.' 79. Shall survey and make profile of streets, alleys, etc.] 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 es- tablished or valid until the plat or profile thereof shall be ap- proved 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. 80. Shall mark grade, etc. — chainmen to be sworn.] 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 chain- men, and such other assistants as the city council may authorize ; which chainmen or other assistants shall, before entering upon THE CITY ENGINEER. 357 their duties, be duly sworn to measure accurately and justly, and to perform their respective duties to the best of their know- ledge and ability. 81. Shall have field notes of city.] 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 accord- ance therewith; and he shall carefully note all errors or dis- crepancies in the original surveys or re-surveys, as soon as dis- covered. 82. Shall keep plats of all surveys, etc.] 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 changed, and adding thereto when any new grade or boundary 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, re- spectively. 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 transac- tions pertaining to his office. 83. Private drains — shall issue permits — fee.] 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 supervision the work of making such sewer connection shall be done. Who- ever shall violate, or shall fail to comply with any of the require- ments of this section, shall be subject to a penalty of not less than five dollars nor more than one hundred dollars for each offense. 84. Shall make annual report for fiscal year.] The city engineer shall, annually, on or before the first Monday in March GENERAL ORDINANCES OF CITY. 358 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 connection with his department during the pre- ceding fiscal year, and the cost thereof to the city. 85. Records of — shall be preserved.] 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 therefrom, he shall, on demand, deliver to his succes- sor in office all such books, plats, maps, records and effects of every description, belonging to the city, or appertaining to said office. Article II. THE SUPERINTENDENT OP STREETS. 86. Appointed by the mayor.] The superintendent of streets shall be appointed by the mayor, by and with the consent of the city council, on the first Monday in May, 1895, or as soon thereafter as may be, and annuallv thereafter. T Passed March 4, 1895. 87. Oath — bond.] 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 faithful per- formance 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. [Passed March 3, 1891. 88. Duties — improvements exceeding twenty-five dollars — how made.] Said superintendent shall have charge of the improvement, repairing and cleaning of all streets, avenues and alleys in the city, and shall supervise the construction and re- pair 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, with- out 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 SUPERINTENDENT OE STREETS. 359 the probable cost of any such repair shall exceed twenty-live dollars, the same shall be made only with the concurrence of the mayor, or of the committee on streets and alleys. 89. Shall enforce ordinance.] 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 wilful 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. Shall clean streets and alleys annually and recommend improvements.] 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 coun- cil, and recommend such improvements or repairs as he may deem necessary. 91. May employ laborers, teams, etc. — shall superintend same — shall supervise connections of sewers, etc.] He may, by authority of the city council, employ such number of laborers, teams and carts as shall be necessary 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 laborers and workmen, and require them to labor faith- fully, 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. Eight hours a day’s work.] Eight hours shall here- after constitute a day’s work and be entitled to a day’s pay, for all mechanics or laborers employed in any department of the city of Springfield, or coming directly or indirectly under the GEN' EltAL OKDJ NANCES OF CITY. 360 supervision of the city or its officers: Provided, however, this ordinance shall not in any way conflict with the present system of labor or hours now employed and used in the police or fire departments of the city. [Passed December 19, 1898. 93. Shall procure implements — requisition on comptroller for same — tools branded and housed.] He may procure the necessary implements for performing street labor, or materials for bridges, culverts and cross-walks, but he shall purchase no implement or any materials without making a written requisi- tion 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. 94. To keep list of tools — shall turn over to successor.] 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 there- from, 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. 95. Shall keep account of expenditure of each ward, examine contracts, etc.] 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 pertaining to his department, or for implements or materials furnished therefor, and if correct, shall certify the same to the city council for allowance. 96. Make monthly report to council.] Said superintendent shall, on the first Monday of each and every month, report to CONTRACTS FOR PUBLIC WORKS. 361 the city council in writing, a statement of all expenditures under his supervision during the preceding month, specifying the pur- pose of such expenditures, and the different wards in which made, and, if required, 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. 97. Work to be designated by order of council.] When any bridge, culvert, crosswalk, or other street work, to be done by or under the direction of the street superintendent, shall be ordered by the city council, the location and manner of construct- ing the same shall be designated in the order. 98. Crosswalks — width of — how constructed — material, etc.] Crosswalks shall be constructed not less than three nor more than six feet wide, and shall be so laid as not to materially ob- struct 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. 99. Contracts not to exceed appropriation.] 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 general fund of the corporation, shall exceed, GENEKAL ORDINANCES OF CITY. 3G2 in any year, the amount appropriated for such improvement in the annual appropriation bill of such year. 100. Contracts to be paid by special assessment — exceed- ing five hundred dollars — two-thirds vote required.] Ail con- tracts for the making of any public improvement 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 comptroller, 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. 101. City engineer to make profile and specifications.] 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 prepare a plan or profile of the proposed improvement, and specifications for the construc- tion 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. 102. Mayor to advertise for proposals.] 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 pro- posals to furnish the materials and do said work, according to the plans and specifications aforesaid. Such advertisement shall be published 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 speci- fications 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 advertise- ment. CONTRACTS FOR PUBLIC WORKS. 363 103. Proposals — bond.] All proposals for any such im- provement shall be signed by the persons bidding, and be in- closed 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 ap- proved by the mayor, conditioned that, in case the contract is awarded to such bidder, he will enter into bond, as herein re- quired, 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 forfeited to the city in case the bidder shall fail to enter into contract, with approved securi- ties, 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. 104. Proposals — when and by whom opened.] All proposals or bids shall be opened by the mayor at the hour and place men- tioned 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 re- sponsible bidder, whose bid shall not exceed the estimated cost of the proposed improvement; or he may submit the same to the city council for their approval and confirmation. 105. Bond of bidders.] 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 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. 106. Failure to enter into contract — aldermen and officers not to be interested.] Any bidder who shall fail to enter into any contract so awarded, or shall fail to fulfill any contract 3G4 GENERAL ORDINANCES OF CITY. 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 officer, shall be interested, directly or in- directly, 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. 107. Bond — how made and approved — copy of contract.] 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 attor- ney, 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 countersigned by the city comp- troller. 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. 108. Power of mayor and council to suspend and annul.] 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 affect the right to all damages claimable by it on account of the non-per- formance of such contract according to the terms thereof. 109. Liability of city.] All contracts in which the contrac- tor or contractors agree to be paid from special taxes or special assessments, shall contain covenants do the effect that they shall have no claim or lien upon the city, in any event, except from the collection of the 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 contract, except for the payment to such contractor or contractors of the moneys received by the city on the special taxes or special assessments levied or assessed for the improvement mentioned in such con- tract. And no contract for work, to be paid for as aforesaid,, shall be let to any contractor who will not so agree. CONTRACTS FOR PUBLIC WORKS. 365 110. Contractors not to sell dirt from streets — penalty.) 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 dispose of any such surplus earth, under a penalty of not less than fifty dollars nor more than one hundred dollars for each offense. fll. Certificate of completion of contract filed with comp- troller — warrants may be issued as work progresses, reserving fifteen per cent.] When any contract shall have been com- pleted, and on the filing in the office of the city comptroller of the certificate 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 war- rant on the treasurer for the amount due such contractor or contractors; and they may, when stipulated in the contract, or with the consent of the city council, from time to time, dur- ing the prosecution of the work (upon the filing of the certifi- cate of the proper officer, stating that he has examined and com- puted or measured such work, and that he believes there is enough done to cover the estimate, and that it is done in accord- ance 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 completed. 112. No payment for extra work not specified.] No pay- ment 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 ad- vance 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. GENERAL ORDINANCES OF CITY. 3(5 (5 Article IV. CITY ELECTRICIAN. 113. Electrician — term of office.] There is hereby created the office of city electrician of the city. The term of said office shall be for one year and until his successor is appointed and qualified. 114. How and when appointed.] The city electrician shall be appointed by the mayor, by and with the consent of the city council, on the first Monday in May, 1890, or as soon thereafter as may be, and annually thereafter. 115. Oath — bond.] The city electrician shall, before enter- ing 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 three thousand dol- lars, with such sureties as the city council shall approve, con- ditioned for the faithful performance of the duties of the office and the payment of all moneys that may be received by him, as such city electrician, according to law and the ordinances of the city. 116. Duties.] The city electrician shall have, under direc- tion of the mayor and city council, the supervision over all elec- trical apparatus belonging to the city, and keep the same in good working condition. He shall also perform all such other duties as the mayor and city council may direct. He shall also, from time to time, make such suggestions to the mayor and city council which, in his judgment, may improve the ser- vice of the apparatus under his control or in other matters in the line of his duties, which may be deemed necessary for the safety and welfare of the general public. 117. Salary fixed.] The salary of the city electrician shall be one thousand dollars per annum. 118. Electric lights, etc.] In addition to his other duties the city electrician shall exercise a supervision over all electric lamps used by the city for the purpose of lighting the streets and public buildings and grounds of the city, and to report, from time to time, to the city comptroller, all shortage in candle power of the same. Ho change shall be made in the location of CITY ELECTRICIAN. 367 any street lamp unless said change be first ordered by the city council at a regular meeting or a meeting called for the purpose. And no additional lamp shall be put into service unless first ordered by the city council. When a lamp or lamps, in addi- tion to those already in service shall be ordered by the city council to be placed in service, the order must contain the loca- tion or locations where such lamp or lamps are to be placed. It shall be the duty of the city electrician to enforce all orders of the city council regarding street lamps. [As amended January 6, 1896. 119. Telegraph, telephone and other wires.] Said elec- trician shall, also, exercise a supervision over all telegraph, telephone, electric light and power wires and compel the same to be strung in such a manner as, to avoid all danger from the accidental breaking or crossing of the same. 120. Shall test insulation.] He shall, from time to time, test the insulation of all wires used for the purpose of electric lighting or transmission of power, and compel a standard of one megohm to be maintained at all times. 121. General supervision over wires, poles, etc.] The city electrician shall have and exercise, under the direction of the mayor and street lighting committee, in addition to his other duties, a general supervision over telephone, telegraph and elec- tric wires, wires for transmitting power, and all other wires placed along, across or within the streets, alleys or buildings in said city, and all apparatus, appliances and devices connected with said wires, and supervise and regulate the erection, con- struction and maintenance of the •same. 122. Supervise construction, conductors, generators, etc.] He shall supervise and regulate the construction, erection and maintenance of all wires and apparatus designed to be used as conductors or generators of electricity, and all such material, apparatus and devices shall be subject to his approval as to their safety; and all material, apparatus and devices designed to be used as conductors or generators of electricity, or to sup- port, insulate or protect conductors or generators of electricity, not so approved, must be removed or replaced by^ suitable and approved apparatus, material, device, etc. 308 GENERAL ORDINANCES OF CITY. 123. Certificates of inspection.] No electric lamps shall be used for lighting any building, or portion thereof, in said city, unless a certificate of inspection shall be first secured from the city electrician. 124. Permits to erect wires, etc.] No wires shall be erected unless a permit be first procured from the city electrician, and immediately upon the erection of wires for the purpose. of con- ducting electricity or for transmitting sound, and before such wires are used, he shall be notified that such wires are ready for inspection. Upon inspection he may issue a certificate and keep a record of same. 125. General powers and duties as inspector, etc.] He shall have power, and upon proper application, it shall be his duty to inspect any such wires or apparatus used in and about the conducting of electricity, and if upon proper inspection, the same be approved by him, he shall give a certificate of such inspection upon the payment of the fees hereinafter provided for. Said certificate shall show the date of inspection and a general description of the result of such examination, and no certificate shall be given in any case unless the requirements of this ordinance have been fully complied with. No motor or machine designed to be operated by electricity or magnetism shall be used until a certificate of inspection has been procured. 126. Inspection of power plants, etc.] He shall inspect all electric plants and powers : Provided , in case of electric railroad power plants, inspection regulations are hereinafter set forth. The following conditions will be required, viz: All wires for the purpose of conducting electric currents for arc lighting and power machinery, must be covered wire and have a conveying capacity that will insure the wire from heating to exceed thirty degrees Fahrenheit above surrounding atmos- phere. Continuous wire must be used as far as possible, and when necessary to make joints they must be soldered and pro- perly insulated. Generators, motors, lamps and all connections must be so mounted and secured as to be completely and con- tinuously insulated from the ground. Each electric light and power circuit, excepting electric rail- roads, as hereinafter provided, with generators, lamps, motors, CITY ELECTRICIAN. 369 appliances and devices of whatsoever character, for testing, regulation, etc., connected and placed in position, must show an insulation resistance between the ground of not less than one megohm. Ground circuits will not be permitted. All service incandescent circuits, with connections, appliances, etc., must present the same requirements as provided for arc lights and power service. All multiple incandescent primary circuits must present the same requirements as provided for arc light and power circuits. All multiple incandescent secondary cir- cuits, appliances, etc., must present the same requirements as provided for arc light and power circuits : Provided, the insula- tion resistance of said secondary circuits shall be maintained at what, in the judgment of the city electrician, the situation and character of different installations require. No change of any character of any plant or wiring installation may be made without due and sufficient notice to the city electrician, and a permit and certificate he obtained the same as for original in- spection. 127. Switches, cut-outs, etc.] Suitable and approved switches, cut-outs, and other necessary safety devices, shall be placed, whenever, in the judgment of the city electrician, they will add to the' safety of person or property. 128. Guard wires, irons, etc., to be approved — by whom furnished, etc.] When the wires or circuits of the same, or different interests, cross each other, suitable and approved guard wires shall be placed by the party or parties operating the under wires, to prevent damage from the accidental breaking or dis- placement of the wires an'd when wires are turned and run at an angle to their former course, suitable guard irons shall be placed upon the support at the angle to prevent the wires from falling in case of their displacement: Provided, when the under wires are owned by the city, then and in that case the guard wires above provided for shall be furnished and main- tained at the expense and charge of the owners of the wires from which the wires of the city need protection. 129. Permit to be granted, by whom, application for, etc.] Any company, person or persons desiring to erect poles or posts in any street, alley or other public place within the city, having first acquired the right to erect such poles or posts, shall apply 370 GENERAL ORDINANCES OF CITY. to the mayor for a permit; the application must be accompanied by a plan indicating the proposed location of the poles, and no poles shall be erected for the purpose of supporting wires until a permit is issued by the mayor, on the recommendation of the city engineer and the city electrician. 130. Rights reserved by city when permit is granted — com- pensation, etc.] In granting permits to erect poles for the purpose of carrying wires, the city reserves the right, if the interest of the public so demand, to authorize other companies or persons to use, under the provisions of this ordinance, any poles erected or to be erected for the same purpose, upon pay- ment to the owners, of a reasonable compensation, to be deter- mined by agreement between the parties, and in case they can- not agree, then such compensation may be fixed by the city council. The city reserves the right to use all such poles free of charge. All permits granted under this ordinance shall be subject to all the provisions herein, and persons applying for and accepting such permits will be bound thereby, and it will be the duty of the city electrician to enforce the same. 131. Powers and duties of electrician concerning electric railways, continuous rails, circuits, etc.] The city electrician shall have power, and it shall be his duty to supervise, inspect and regulate the construction of all electric railroads, and any portion not approved by him must be removed and replaced. The conductors of electrical currents for railroads may consist of one or more bare wires, to be placed not less than eighteen feet above the ground and immediately above the track, and must be properly insulated from all supports, strain wires, guys, pull-offs, etc., of a conveying capacity sufficient to convey the full amount of current required without undue heating, and when disconnected from the track portion of the circuit must maintain an insulation resistance between the ground of 50,000 ohms per mile at all times. The rails must constitute the return portion of the circuit, and must be made continuous by suitable connections. No direct ground circuit will he permitted: Provided , nothing in this ordinance will be construed as pre- venting the use of a continuous wire well secured to the top of the cross ties, and abutting one or both rails, for the return circuit. All feeders must conform to all regulations provided CITY ELECTRICIAN. 371 for arc light and power wires. All power generators for elec- tric railroads with power stations, and switch board devices, and appliances in buildings occupied by persons or companies operat- ing the road, when disconnected from the overhead bare wires and the track return, must maintain an insulation resistance of one megohm, and no lamps or other appliances, except light- ning arresters and testing apparatus, may have a direct connec- tion with the ground, but must be connected directly to return rails by means of a suitable insulated wire. Suitable and ap- proved guard wires must be placed over the overhead bare or trolly wire to prevent accident or damage to person or property from other wires falling upon the same. Said guard wires to be insulated from the bare overhead conductor and from the ground. All appliances and devices for insulating overhead wires, feeders, etc., must be approved by the city electrician, and if not satisfactory must be replaced by suitable material and devices. 132. Insulation, when tested, report, etc.] Electric cur- rents and wires used as conductors of electricity for lighting or for transmitting power, must be tested once a day for insula- tion resistance between the ground, by parties operating the same, and a report of said test must be made daily to the city electrician. 133. Current to be stopped in case of dangerous trouble.] Should trouble of a dangerous character occur in any apparatus, wires, lamps, cables, guys or transformers or other appliances for the distribution of electrical currents, any person, firm or company controlling said apparatus shall cause said apparatus to cease generating electrical current, upon request of the city electrician, fire marshal or chief of police, or the immediate subordinate of either, and said person, firm or company con- trolling said apparatus shall not commence to generate electrical current until such dangerous trouble shall have been remedied. Any person, firm or company failing to comply with the provi- sions of this section shall be deemed guilty of a misdemeanor and on conviction thereof shall pay a fine of not less than five dollars nor more than twenty dollars for each offense. Any person, firm or company who shall attach in any manner to any water, gas, steam, sewer or other metallic pipe, or any appliance 372 GENERAL ORDINANCES OF CITY. connected thereto, any wire or other apparatus designed to be used to convey or conduct any electric current, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than five dollars nor more than twenty dollars. 134. Must keep competent employe readily accessible.) Each person, firm or company who may own, control or operate any appliance for the generation of electrical current, said current to be used for the purpose of producing light, heat or mechanical energy, and to which said apparatus may be attached any wire, cable or other apparatus, said wire, cable or other apparatus to be used for the purpose of conveying, conducting or using electric current, and said wire, cable or apparatus oc- cupying any portion of any street or alley of the city, then said person, firm or company must keep constantly in their employ, at all times some competent man or men who must be readily accessible to the city electrician, fire marshal or chief of police, or the immediate subordinate of either, and said man or men must respond quickly to all requests made by any of the city officials above named made upon said man or men, for the pur- pose of rectifying any defects in any wire, cable or apparatus which is the property of or under the control of the person, firm or company in whose employ the said man or men may be. And any person, firm or company failing to comply with the provi- sions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof must pay a fine of not less than five dollars and not more than twenty dollars, for each day dur- ing which said person, firm or company shall fail to comply with the provisions of this section. [Passed January 6, 1896. 135. Books of electrician — how kept — by whom examined, etc.] The city electrician shall, under the direction of the comp- troller, open and keep, in a neat and methodical manner, a book or set of books, showing the records of all inspections and of all moneys received; said book or books shall be- subject to ex- amination by the mayor, the members of the city council, or any committee thereof. He shall also keep a record of all lamps used for public lighting, which fail to burn during the hours prescribed for such lamps to be lighted, and it shall be the duty of all police officers, when discovering a street lamp not burn- ing, to report at once at police headquarters, where record of CITY ELECTRICIAN. 373 said report shall be kept in a proper book provided for this pur- pose, giving location of lamp, day and hour, which book shall be accessible to all persons at all times. When such report is received it shall be the duty of the proper officer at police head- quarters to report the same immediately to the light station, it then shall be the duty of the officers of the light station to correct the difficulty at once and report to police headquarters the time such correction is made, which time shall be recorded in the proper book, showing location of lamp, date and actual time each lamp is out. From this data it shall be the duty of the city electrician to make a report to the city council. [As amended January 6, 1896. 136. Regulations, etc., subject to approval — inspectors’ fees, etc.] All regulations made, and material and apparatus con- demned or approved by the city electrician under this ordinance, may be subject to revision and approval by the mayor and street lighting committee. The city electrician may collect inspection fees as follows: For arc light circuit, thirty-five cents per horse power; an arc lamp may be regarded as using one horse power. For incandescent primary alternating multiple circuits, con- verting station apparatus, etc., at the rate of fifty cents per horse power. The equivalent of 12-16 candle lamps in the secondary cir- cuits will be deemed one horse power. For incandescent secondary alternating multiple circuits at the rate of one dollar per horse power, 12-16 candle lamps will be deemed one horse power. For incandescent continuous consumers’ circuit at the rate of one dollar per horse power, 12-16 candle lamps will be deemed one horse power. For electric railroads outdoor construction at the rate of two dollars per mile of track. For electric railroad power station apparatus, thirty-five cents per rated horse power of generators. For car sheds, shops, offices, fifty cents per horse power, 12-16 candle lamps will be deemed one horse power. For motor cars, seventy-five cents. GENERAL ORDINANCES OF CITY. 374 For power motor connections, fifty cents per rated horse power. All fees collected under this ordinance shall be paid to the city treasurer. 137. Violations — penalty for.] Any person or persons who shall use any electric lamps or power motors in violation of this ordinance, shall be subject to a penalty of not less than twenty- five dollars nor exceeding one hundred dollars, and to a like penalty for each day during which they shall continue such violation. 138. Failure to comply with requirements of ordinance — penalty for.] Any telegraph, telephone, electric light or power, company or any person or persons violating the provisions of this ordinance, or failing to comply with the requirements of the same, shall be subject to a penalty of not less than twenty- five dollars, nor more than two hundred dollars, and to a like penalty for each day during which such violation or failure shall continue. [Passed November 2, 1891. 139. City electrician to have general supervision over all electric wires in city.] The city electrician of the city of Springfield shall have general supervision over, and he is hereby authorized, empowered and directed to regulate and determine the placing, stringing and attaching of all telegraph, telephone or electric light or power wires in said city so as to prevent fires, or accident or injury to person or property, and to cause all such wires and all electrical appliances to be so placed, con- structed and guarded as not to cause fires or accidents, or en- danger life or property, and whenever in the judgment of said city electrician any wires shall be defective by reason of im- proper or insufficient insulation, or for any other cause, the said city electrician shall at once notify the owner thereof of such defect and order him to repair or remove the same, and upon the owners failure or refusal so to do within a reasonable time, the said electrician shall cause the repair or removal of the same, and the expense thereof may be recovered by the city in an action against the person, firm or company owning such wires. 140. To make thorough inspection of electric wires, etc.] The said city electrician shall make a thorough inspection of CITY ELECTRICIAN. 375 all electric wires and appliances within the city of Springfield at least twice in each year, and where wires or appliances are in a dangerous or unsafe condition, he shall notify the person, firm or company, owning, using or operating them, to place them in a safe and secure condition. Any person, firm or com- pany, failing or refusing within a reasonable time to make the necessary repairs or changes, and have such work completed within ten days after the receipt of said notice, shall be subject to a penalty of five dollars for each and every day which shall elapse until said wires or appliances are repaired, removed or changed, as directed by said city electrician. 141. To direct placing and stringing of wires, etc.] It shall be the duty of said city electrician to so direct the placing, stringing and attaching of wires upon poles erected in the streets and alleys of said city that the same shall cause as little obstruction, either to travel in the streets or to the use and. en- joyment of private property, as possible; to compel the joint use of poles carrying currents for light, heat or power service wherever practicable, and in case the joint users of any such poles are unable to agree on the rental to be paid the owners of such poles for their use, the city electrician and board of public works, shall fix such rates, which shall be binding upon the parties and companies interested; provided, that either party may appeal from the decision of such electrician and board, as to the amount of rental to be paid for the use of such poles for the privilege of attaching wires thereto, to the common council of the city of Springfield. 142. To supervise changes and alterations and to inspect same.] No alteration or change shall be made in the wiring of any building, nor shall any building be wired for the placing of electric lights, motors or heating devices, without first secur- ing from the said city electrician or competent person delegated by him a permit therefor, nor shall any change be made in any electric plant after inspection, without notifying the said city electrician or person delegated by him, and securing a permit therefor. TTpon completion of the wiring of any building, or the completion of any outside construction work, it shall be the duty of the said city electrician, or competent person delegated by him, who shall at once inspect the same, and if approved by 370 GENERAL ORDINANCES OF CITY. him shall issue a certificate of satisfactory inspection, which shall contain the date of such inspection and an outline of the result of such inspection and examination; but no certificate shall be issued unless the electric light, power or heating in- stallation and all apparatus, etc., connected with it, shall be in strict conformity with the rules and regulations hereinafter set forth, nor shall current be turned on until said certificate is issued. 143 . Construction, materials and appliances to conform with regulations.] All electric construction, all material and all appliances, used in connection with electrical work, and the operation of all electrical apparatus, shall be in conformity with the rules and regulations set down in what is known as the “National code of rules of the National Board of Fire under- writers for the installation of wiring and apparatus for electric light and power,” as the same are now established, and the said rules and regulations are hereby adopted and approved. 144 . License for wiring, etc., to be procured.] All com- panies, firms, corporations or individuals, doing wiring for and installing arc lights, motors, electric heaters, incandescent lights, gas lighting, house annunciators, burglar alarms or other elec- tric signal systems, shall procure annually a license from the cit}' clerk or other authorized officer by law or ordinance to issue licenses, upon the payment of five dollars ; provided, that before such license shall be issued said company, firm, corporation or individual, shall give bond to the city in the sum of one thou- sand dollars, with two or more securities conditioned upon the faithful performance of all requirements under the provision of this ordinance; said bond to be approved by the mayor and filed with the city clerk, and before a license shall be issued said person, firm, or corporation, must satisfy the mayor, through the city electrician, that said person, firm, or corporation are severally skilled in electrical work, or have in their constant employ a person or persons skilled in electrical work. [As amended July 3, 1899. 145 . Violations — penalty for.] Any person, firm or com- pany, -who shall violate any of the provisions of this ordinance or shall fail, neglect or refuse to comply with the provisions and CITY ELECTRICIAN. 377 rules of this ordinance, or who shall fail, neglect or refuse to comply with any order or request of the said city electrician, or competent person delegated by him in pursuance of and by • the authority of any of the provisions of this ordinance or the rules therein contained, shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not less than ten dollars and not more than one hundred dollars, or be imprisoned not more than ninety days. [Passed August 3, 1896. GENERAL ORDJ NANCES OF CITY. 378 CHAPTER V. LAW DEPARTMENT. Article I. THE CITY ATTORNEY. 146. Law department — how composed.] There is hereby established a department of the municipal government of the city of Springfield, which shall be known as the “Law Depart- ment,” and shall include the city attorney, and such assistant counsel as the comptroller and mayor may, from time to time, deem necessary to employ. 147. Attorney — bond.] The city attorney shall, before entering upon the duties of his office, execute and file a bond to the city of Springfield inThe penal sum of twenty-five hun- dred dollars, with such sureties as the city- council shall ap- prove, conditioned for the faithful performance of the duties of said office. 148. Shall prosecute and defend all cases — clerk to furnish copies of papers, etc.] Said attorney shall prosecute or defend, on behalf of the city, in all cases in which the interests of the corporation 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. 149. Shall advise on all matters of law.] He shall, when required, advise the cit} r 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. 150. Cause executions to issue — examine fee bills, etc.] He shall cause executions to be issued upon all judgments re- THE CITY ATTORNEY. 379 covered in favor of said city, and see to their prompt collection, lie 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. 151. Shall prosecute all violations of ordinances.] 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 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. 152. Shall not prosecute malicious complaints.] 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 discontinue any such suit or proceed- ing upon such terms as to him may seem just and equitable. 153. May appeal from justices' courts.] 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 comptroller, or directed by the city council. 154. Shall make detailed annual report to council.] 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 pending in the courts of record, wherein the city of Springfield is plaintiff or defendant. In said report he shall state the names of the par- ties to the suits, the date of their commencement, 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 380 GENERAL ORDINANCES OF CITY. of during his terra 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. 155. Shall keep register of opinions given city — shall turn over all papers, etc., to successor.] 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 fur- nished 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 proceed- ings in connection 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 ap- pertaining to said office. 156. May appoint an attorney to act in his absence.] 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. 157. Office — where kept.] Said attorney shall keep his office at the city hall, or at such other convenient place us 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. TIIE SUPERINTENDENT OF POLICE. 381 CHAPTER VI. THE POLICE DEPARTMENT. Article 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. 158. Police department — of whom to consist.] There is hereby established an executive department of the municipal government of the city of Springfield, which shall be known as the “Police Department,” and shall embrace one superintendent of police, three sergeants of police, one keeper of the city prison, two patrol wagon drivers, three operators, one license collector and thirty-eight police patrolmen, and such other number of patrolmen, as may hereafter, from time to time, be fixed by the city council. [As amended February 24, 1902, and July 28, 1902. 159. Superintendent — term of office.] The superintendent of police of said city 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 qualified. 160. When and how appointed.] 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 thereafter as practicable, and annually there- after. 161. Oath— bond.] 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 Spring- field in the penal sum of five thousand dollars, with such sure- ties as the city council shall approve, conditioned for the faith- GENERAL ORDINANCES OF CITY. :382 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. 162. Management and control.] 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 superintendent, with the concurrence of the mayor and com- mittee on police. 163. Duties.] lie shall devote his entire time to the dis- charge of the duties of his office, and shall be charged with the preservation 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 ordinances and orders of the city council. 164. Shall abate nuisances, etc.] 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. 165. Shall report to mayor or police committee neglect, dis- obedience, etc.] 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 any police officer or patrolman on the force, said superintendent may suspend such officer or patrolman from duty, until such charges can be investigated. 166. Shall attend all meetings of council — execute warrants, etc.] He shall attend, either in person or by deputy, all meet- ings 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 b}' him under any ordinance of the city. THE PATROLMEN. 383 167. Shall keep record of arrests and offenses.] Said super- intendent 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. 168. To make monthly report, etc.] He shall, on the first Monday in each month, make a written report to the city coun- cil, showing the number of arrests made by the police force during the preceding month, the name of each person arrested, tne policeman making the arrest, the offense charged, the magis- trate before whom tried, the disposition of the case, the amount of fine imposed, if any, and the amount of such fine collected. 169. Custodian of books, records, property, etc.] Said su- perintendent 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, equip- ments and property, of every description, in his possession, be- longing to the city, or appertaining to his said office. Article II. THE SERGEANT AND POLICE PATROLMEN. 170. Sergeant — term of office.] 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. 171. When and how appointed.] 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 thereafter as may be, and annually thereafter. 172. Oath — bond.] The sergeant shall, before entering upon the duties of his office, take the oath prescribed by law for city offices, and execute a bond to the city of Springfield ■ 384 GENERAL ORDINANCES OF CITY. in the penal sum of two thousand dollars, with sureties to be approved by the city council, conditioned for the faithful per- formance of the duties of his office. 173. Shall be secretary of department.] He shall be the secretary of the police department, and shall, under the direc- tion of the superintendent, keep the books, records and accounts of said department; and he shall perform such other and further duties as may be required of him by the mayor, the superin- tendent of police, or by the rules and regulations of the police department. 174. When to act as superintendent.] Said sergeant shall, in case of the temporary absence or disability of the superintend- ent, possess the powers and exercise the duties of the superin- tendent of police. 175. Patrolmen — term of office — when and how appointed.] The police patrolmen and patrol wagon drivers shall severally hold their offices for the term of one year, or until their succes- sors 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. 176. Oath — bond.] 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 city council shall approve, conditioned for the faithful performance of the duties of the office. 177. Day — night — detail for special duty.] The mayor shall designate one-third of the number of police patrolmen, so appointed and qualified, to act as day policemen, and the re- maining 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. 178. Special patrolmen — how appointed.] The mayor may, on special occasions, when in his judgment the public peace and order of the city shall so require, appoint and commission THE PATliOLMEN. 385 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. 179. Rules and regulations to be observed.] 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 ordinances throughout the city. 180. May arrest without process.] 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 Sunday in the city prison, or other secure place, until they can be brought before the proper magistrate or court for trial. 181. Power within the limits to execute, etc.] They shall have the 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 misdeameanor, or the viola- tion of any law or ordinance of said city, and while serving or executing, or assisting 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. 182. Powers outside limits of city.] They shall also have power and authority to execute city warrants, or other like legal process, without the corporate 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 provi- sions by persons residing, acting or doing business without the limits of said city. GENERAL ORDINANCES OF CITY. 386 183. May call for assistance — penalty for refusal.] Any police ofTicer 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 holding in custody, of any person guilty of having committed any unlawful act, or charged therewith, or to aid such officer in preventing the commission of any unlawful act ; and whoever shall neglect or refuse to give such aid or assistance, when so required, shall incur a penalty of not less than three dollars nor more than twenty-five dollars, for each offense. 184. Shall aid fire department.] 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. 185. Penalty for non-performance of duty.] 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 official duties, be guilty of any fraud, favoritism, extortion, oppression, 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 removal from office. 186. Resisting, obstructing or assisting to escape — penalty.] 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 at- tempt to rescue any person in custody, shall be fined not less than five dollars nor more than one hundred dollars for each offense. 187. Impersonating an officer — penalty.] Any person who shall falsely represent any of the members of the police depart- ment of this city, or shall maliciously, or with intent to deceive, use or imitate any of the signs, signals or devices used by said THE PATROLMEN. 387 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. 188. Draymen, hackmen, etc., at depots, etc., to obey — penalty.] Draymen, hackmen, 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. 189. Patrol drivers’ duties.] Patrol wagon drivers shall be commissioned and give bond in like manner as regular police patrolmen and shall have the same police powers and they shall perform such duties as shall be required of them by the super- intendent of police. 190. Shall wear uniforms and badges.] The several mem- bers of the police force shall wear a uniform, which shall con- sist 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 pattern 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: Provided , 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.” 191. City to supply badges and rules and regulations.] 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 government of the police department. 192. Shall deliver star, badge and billy to superintendent.] Upon the expiration of the term of office of the sergeant or any police patrolman, or his resignation or removal from office, he 388 GENERAL ORDINANCES OF CITY. shall immediately deliver to the superintendent of police, for the use of the city, his star or badge and billy, and all papers and effects, in his possession, belonging to the city, or apper- taining to his said office. 193. When disabled to receive salary.] 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 dura- tion shall be certified to by his attending physician, or such other evidence thereof produced as the mayor or comptroller may require. 194. Railroad watchman by request — compensation by com- pany.] Upon application by any railroad company having a depot in said city, or by any other private company or corpora- tion, the mayor may appoint one or more watchmen, to con- tinue in office during the pleasure of the mayor and said com- pany or companies. Said watchmen shall have the same powers and perform the same duties as police patrolmen, 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 watch- man, before he enters upon his duties, shall qualify in like man- ner as a police patrolman. Article IV. PROCEEDINGS TO RECOVER FINES AND PENALTIES — REPORTS OF MAGISTRATES. 195. Suits — before whom brought.] 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. 196. Shall make complaint for violation of all ordinances.] When any violation of any law or ordinance of the city shall FINES AND PENALTIES. 389 come to the knowledge of the superintendent of police, or to any member of the police force, he shall, without delay, make, or cause to be made, the proper complaint before a police magis- trate or justice of the peace, and the necessary witnesses to be subpoenaed, or other evidence procured, for the successful pros- ecution of the offender. 197. Action against incorporated company — how and on whom service may be had. ] When any action shall be brought against any incorporated 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 president, secre- tary, 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 determine the case in like manner as other cases are determined, when a warrant is issued and the defend- ant arrested and brought into court. 198. Shall make affidavit when arrest made without war- rant.] No process shall be necessary where the person is legally arrested without warrant and brought before the court or magis- trate; but the officer making such arrest shall, unless waived by the person arrested, make and file an affidavit, setting forth the cause, time and place of the arrest, and a memorandum thereof shall be entered upon the docket of the court. 199. No cases to be dismissed for informality.] 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. 200. Where defendant’s name is unknown.] If the name of any defendant is unknown, he may be designated by any description by which he can with certainty be identified; and 390 GENERAL ORDINANCES OF CITY. 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 be ascertained by him, it shall be the duty of such magistrate to place the same upon his docket. 201. Continuance granted for cause.] 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 custody. 202. Persons arrested may be released on bond.] Any per- son 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 entering into bond or recogniz- ance 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, condi- tioned for his appearance before the court named therein, at the time mentioned therein, to answer to the offense with which he may stand charged, and not depart the court without leave. 203. When bond forfeited — proceedings.] When any per- son, 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 for the same, and all costs, or so much of such penalty as mav seem just and equitable, upon consideration of the facts and circumstances of the case. 204. May try by jury.] 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 FINES AND PENALTIES. 391 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 proceed- ings before justices of the peace. 205. Police officers as witnesses.] All police officers making arrests shall attend as witnesses before the police court or courts, and shall procure all necessary evidence in their power, and fur- nish 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. 206. When complaint is malicious.] 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 complaint or prosecution was instituted maliciously or vexatiously, and without probable cause, judg- ment 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. 207. Magistrates and justices to make monthly reports.] 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 purpose by the city comptroller) a de- ' tailed list of all suits brought by him in the name of the city, since his last report, 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 judg- ment for any fine imposed prior to such report; and if any police magistrate or justice of the peace shall fail to make re- port 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. 208. Magistrate and justice to pay over — compelled by suit.] Each police magistrate and justice of the peace, or other such GENERAL ORDI NANCES OF CITY. 392 officer, collecting fines, costs or moneys on account of the city, sliall pay the same into the city treasury on or before the first Monday in each and every month. If any such 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 comptroller, 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 de- linquent officer and his securities, and to require the city attor- ney to aid him in the prosecution thereof to final judgment. 209. Failure of justice or magistrate to hold court.] If any police magistrate or justice of the peace shall neglect or refuse to hold a police court at any reasonable 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 hereinbefore 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. 210. Police or patrolman to make report on executions.] It shall be the duty of every police officer or patrolman, receiv- ing 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 statement in writing in rela- tion 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 fail- ing to report, and deduct the same from his salary. Article V. THE CITY PRISON AND KEEPER. 211. City prison — location of.] The buildings and inclos- ures, which now are or may hereafter be erected, situated, upon CITY PRISON AND KEEPER. 393 lot number seven (7), in block number one (1) of the old town plat of the town (now city) of Springfield, are hereby consti- tuted 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 ordinances 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. 212. Prison keeper — term of office.] There is hereby cre- ated the office of keeper of the city prison and workhouse. He shall hold his office for the term of one year, and until his suc- cessor shall be duly appointed and qualified. 213. How and when appointed — oath — bond.] The city prison keeper shall be appointed by the mayor, by and with the advice and consent of the city council, on the first Monday in May, 1884, as nearly as may be, and annually thereafter. Be- fore 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. 214. Shall be ex-officio policeman — other duties.] 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 allotted for that purpose, and shall have the charge, custody and keeping of the prison and workhouse, and of the grounds and appurtenances belonging 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 GEXKKAL OHDIXAXCKS OF CITY. 394 times, suitable, necessary, and plain, wholesome food and drink, and comfortable bedding. 215. Shall receive prisoners and receipt to officer for same — cost of dieting.] When any person shall be committed by order of any police magistrate, justice of the peace or other competent court, for the non-payment of any fine, penalty or forfeiture 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 execution 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. 216. May cause prisoners to labor — refusal of prisoner — penalty.] The keeper of the city prison and workhouse may require any person committed to his custody for the non-pay- ment of any fine or penalty imposed on him by any police magis- trate 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. 217. Shall keep record of prisoners.] The keeper of the city prison shall keep a record, in which he shall register the name of each person committed to or confined therein, the of- fense for which such person was committed, the time when and CITY PRISON AND KEEPER. 395 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. 218. Make monthly reports to council.] He shall, on the first Monday in each month, pay into the city treasury all moneys which he may have received for fines due the corporation from any person committed 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 persons 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 expiration of the time for which they were committed, the report shall state for what reason and by whose authority discharged. 219. No authority to discharge prisoners — liability and penalty.] 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 otherwise lawfully discharged. If said prison keeper shall release 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 removed from office. 220. Sanitary condition of prison and prisoners.] 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 GENERAL ORDINANCES OE CITY. 396 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. 221. Police committee may establish rules.] The commit- tee on police may make and establish such reasonable rules and regulations for the maintenance of good order and discipline in the city prison and workhouse 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 en- force the same. 222. Physician — when authorized to employ.] 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 consent of the mayor, such other medical assistance as he may deem necessary. 223. Committee to visit prison and report to council.] It shall be the duty of the committee on police to visit the city prison as often as once a month, and to inquire into the treat- ment of persons confined therein, and see that the prison is kept in good order and condition, and that the provisions of thi& 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 inefficiency on the part of the keeper thereof. 224. Manner of treating prisoners — penalty for violation.] The keeper of the city prison and workhouse shall treat all per- sons committed to his charge humanely ; and if he shall unneces- sarily 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 know- ingly suffer or permit others to be guilty of such conduct; or shall fail to supply each and every person in his custody with a WORKING PRISONERS ON STREETS. 397 sufficient quantity of wholesome food or drink, at reasonable and proper intervals, or with the necessary 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 convic- tion under any of the provisions of this section shall be deemed cause for his removal from office. Article VI. WORKING PRISONERS ON STREETS. 225. Superintendent of streets may work prisoners.] When any able-bodied male person shall be committed to the city prison and workhouse for the non-payment of any fine or penalty ad- judged 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, receive 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 work- ing 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. 226. Prisoners to be returned for safe keeping.] 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. 227. Refusal of prisoner to labor — penalty.] 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 3 ( J8 GENERAL ORDINANCES OF CITY. 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 com- mitted. 228. Discharge of prisoners.] 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. 229. Superintendent of streets to name prisoners worked by him in his report — escape of.] 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 dis- charging the same, and the number of days* labor performed by each. If any such person shall escape from his custody, he shall forthwith notify the superintendent or sergeant of police thereof. ESTABLISHING OF FIRE DEPARTMENT. 393 CHAPTER VII. THE FIRE DEPARTMENT. Article I. Department Established. II. The Fire Marshal. III. The Firemen and Fire Committee. Article I. ESTABLISHING OF THE DEPARTMENT. 230. Fire department — of whom composed.] 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, four engi- neers, three firemen, eight drivers, three hosemen, one tillerman, and eight extra hosemen, and snch other or further number of each as the city council may hereafter, from time to time, by ordinance or resolution, provide. 231. Location of engine houses.] The location of the com- panies composing said department shall be as follows : Engine Company No. 1, [Button] shall be located in the engine house on Monroe street, between Seventh and Eighth streets. 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 com- pany, on Monroe street. Ehgine Company No. 3, [Ahrens] at engine house on Fourth street, between Monroe street and Capital avenue, and the chemical engine at the last named engine house. 400 GENERAL ORDINANCES OF CITY. Article II. THE FIRE MARSHAL. 232. Fire marshal — term of office — how and when ap- pointed.] 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 quali- fied. 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 in each year, or as soon thereafter as may be. 233. Oath — bond.] The fire marshal shall, before entering upon the duties of his office, take and subscribe the oath pre- scribed 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. 234. Shall have control of department and custody of all property.] Said fire marshal shall be the chief of the fire de- partment, and in subordination to the mayor and committee on fire and water, shall have full command and control 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 department, and he shall per- sonally attend to all repairs required to be made upon the same. 235. In case of fires may tear down buildings.] He shall attend all fires occuring 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 blowing up of any building, when, in either case, it shall be deemed necessary to check the progress of any fire. 236. May prefer charges for incompetency, etc. — suspend numbers during pendency.] 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 THE FIRE MARSHAL. 401 any member of the fire department for incompetency, neglect of duty, disobedience of orders, or violation of any of the stand- ing rules and regulations of said department; and he may also, pending said 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. 237. Persons subject to his orders — must wear badge.] 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 character shall be otherwise known or made known to such person. 238. To keep record of property — make animal report, etc.] Said fire marshal shall keep, in a book, to be provided by the city for that purpose, a full and accurate record of all transac- tions 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 occuring 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 informa- tion as he may deem important to the city. 239. In case of absence mayor to appoint.] In case of the temporary absence or disability of the fire marshal, the mayor may appoint some competent member of the fire department or other person, who, during such absence or disability, shall possess the powers and exercise the duties of said marshal. 240. Shall turn over all property, etc., to successor.] Upon the expiration of his term of office, or his resignation thereof 402 GENERAL ORDINANCES OF CITY. or removal therefrom, the fire marshal shall, on demand, de- liver 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. 241. All employes to be appointed by the mayor.] The engineers, firemen, drivers, tillerman, hosemen and extra hose- men, or other employes of the fire department, shall be appointed by the mayor, from time to time, by and with the consent of the city council, upon the recommendation 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 recom- mended by the committee on fire and water, they shall recom- mend some other suitable person in his place. 242. Employes to wear badge.] 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. 243. Duties of fireman.] The several members of the fire department shall be on duty at all such hours of the day or night as shall be prescribed by the rules and regulations of said department, 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 possi- ble, to expose them to no unnecessary hazards, and to work the same with skill and judgment. 244. Manner of driving.] No fire engine, hose cart, or hook and ladder truck, shall be driven to a fire or alarm of fire in a manner calculated to endanger the safety of persons or FIREMEN AND FIRE COMMITTEE, 403 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 return from any fire or alarm of fire, under a penalty, in either case, of not less than three dollars nor more than fifty dollars, to be paid by the person or persons committing the offense. 245. Not to be driven on sidewalks — penalty.] No fire engine, hose cart, or hook and ladder truck shall be run or -driven upon, across or along any sidewalk within the city, ex- cept in case of strict necessity; and any member of the fire de- partment, or other person, violating this section, shall be sub- ject to a penalty of not exceeding five dollars for every such offense. 246. Not to be used for private purposes.] No person shall, without obtaining the consent of the city council, or of the fire and water committee, use any hose or other fire appara- tus belonging to the city, for any private purpose whatever, under a penalty of not less than three dollars nor more than twenty-five dollars for each offense. 247. Property saved from fire — ownership proved.] 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. 248. Who may make arrests during progress of fire.] The mayor, any alderman, or the fire marshal, may, and the super- intendent of police and all policemen shall, during the progress of any fire, arrest any person found stealing or trespassing upon any property, or willfully injuring 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 conducting 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 magistrate or tribunal, and dealt with according to law. 249. Firemen not to be hindered in discharge of duty — penalty.] Any person who shall willfully resist, obstruct or 404 GENERAL ORDINANCES OF CITY. hinder any member of the fire department in the performance of his duty at a fire, 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 loss than five dollars nor more than- one hundred dol- lars. 250. General supervision by fire and water committee.] The committee on fire and water shall have and exercise a general supervision over the fire department and property, and shall, in concurrence with the fire marshal, make and establish rules and regulations for the government thereof, not inconsist- ent with the provisions of this ordinance; and it shall be the duty of said committee to see that the organization of said de- partment is efficiently preserved, its records properly kept, and its rules and regulations duly observed by the members thereof. 251. May remove any member except marshal.] Said committee may remove any member of the fire department, ex- cept the fire marshal, for any cause that they may deem sufficient, but shall report such removal to the city council. THE BOARD OF HEALTH. 405 CHAPTER VIII. THE HEALTH DEPARTMENT. Article I. II. III. IV. V. VI. The Board of Health. Special Provisions Relating to Health. Supervision of Milk, Dairies, Herds and Stables. The Health Inspector. Supervision of Plumbing and Drainage. Meat Inspector. Article I. THE BOARD OF HEALTH. 252. Who embraced in.] There is hereby established a department of the municipal government of the city of Spring- field, 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. 253. How and when appointed — term of office.] It shall be the duty of the mayor to 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 thereafter, seven suitable and competent persons, one from each ward if practica- ble, who shall constitute 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. 254. Oath — bond.] The members of said board shall, be- fore 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. 255. Who are officers of.] The mayor shall be president of the board of health, and in case of his temporary absence or GENERAL ORDINANCES OF CITY. 406 inability to servo, 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. 256. Monthly meetings — may call special meetings.] 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 superintendent 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. 257. Duties defined.] Said board shall exercise a general supervision over the public health of the city, and shall make diligent examination 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 com- fort, and may make such sanitary regulations as they may think necessary or expedient to prevent the introduction or spreading of any contagious, malignant, infectious or pestilential disease. 258. Orders of executed by police.] 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 superin- tendent, or any police officer, or by the health inspector. 259. Sanitary regulations — penalty for non-compliance. ] 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 dol- lars nor more than twenty-five dollars. 260. May provide temporary hospitals, etc.] The board of health may, when the sanitary condition or preservation of the SPECIAL PROVISIONS RELATING TO HEALTH. 407 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 hospi- tal or hospitals as may be deemed necessary, and shall see that all persons so employed by them faithfully perform their several duties. 261. Shall provide for prevention of contagious diseases.] The board of health may cause any person, within the city, hav- ing any contagious, infectious or pestilential disease, to be re- moved to some safe and proper place without 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: Provided , that if any such person, being a resident of the city, shall refuse to be removed, or if his condi- tion be such that, 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. 262. May cause clothing, etc., to be destroyed.] Said board shall cause any wearing apparel or bedding, which they may deem infectious or likely to endanger the public health and safety, to be removed beyond the city limits and destroyed. 263. Bill and expenses to be certified to the council — clerk to keep record.] All bills or accounts for expenses incurred by the board of health shall be presented to the mayor or pre- siding officer of the board for his approval, and, if found cor- rect, he shall certify the same to the city council for allowance.* The city clerk, as clerk of said board,, shall keep a record of all disbursements made on account of the health department. Article II. SPECIAL PROVISIONS RELATING TO HEALTH. 264. Physicians to report contagious diseases — penalty for failure.] Every practicing physician in the city of Springfield, who shall have any patient therein, laboring under any con- 408 GENERAL ORDINANCES OF CITY. tagious, infectious or pestilential disease, shall forthwith make report thereof, in writing, to the city clerk or president of the board of health, stating the name and describing 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. 265. Small-pox notice posted — penalty.] 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 occupied by such person, and it shall be the duty of the occupant 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. 266. Persons having had infectious disease forbidden in streets, etc. — penalty.] 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 giving the disease to others, shall be subject to a penalty of not exceeding twenty-five dollars: Provided , that this section shall not apply to cases where such person shall have consulted and obtained from some respectable physican a written certificate stating that there is no danger of his communicating the disease to others. 267. Physician, nurse and attendants — to change clothing — penalty.] 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 wearing apparel before going upon any street or into any public place, or shall otherwise so conduct himself as to endanger the spread- ing 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. 268. Bringing disease into city — penalty.] Whoever shall bring into said city any person having the small-pox, or other like infectious or contagious disease, or any clothing, bedding, or other article or thing infected with small-pox, or other in- SPECIAL PROVISIONS RELATING TO HEALTH. 409 fectious or contagious disease, shall, upon conviction, be fined not less than ten dollars nor more than one hundred dollars. 269. Selling- diseased flesh, fish or fowl — penalty.] 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 provisions 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 superintendent 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. 270. Adulterated milk — bread and provisions — penalty.] 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 adulterated and unwhole- some 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 officers, and of the health inspector, to strictly enforce the provisions of this and the preceding sec- tion; and for that purpose they shall have power and authority to enter all places where any of said mentioned 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 satisfac- torily tested. 271. Sale of poisons by druggists — penalty.] Any drug- gist, pharmacist or other person who shall, in said city, by him- self, 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 age of fifteen years, or to any person without satisfying himself that such poison is to be used for a legitimate purpose, shall, in each and every case, be subject —15 410 GENERAL ORDINANCES OF CITY. to a penalty of not less than five dollars nor more than twenty- five dollars : 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. SUPERVISION OF MILK, DAIRIES, HERDS AND STABLES. 272. Board to have supervision of milk dairies, etc.] The board of health is hereby charged with the supervision of the milk supply of the city of Springfield, and the management and control of all matters pertaining thereto and the inspection of milk, dairies, dairy herds, cow stables, milk depots and all places where milk for human food is stored, handled, exchanged, sold or delivered. 273. Suitable room to be provided, and apparatus.] The mayor and city comptroller are hereby authorized and directed to provide a suitable room in the city hall for the use of the board of health, or the officer of the board, and to provide the necessary apparatus, supplies and books, furniture and other property for the use and conduct of the office, and to replenish the same when needed. 274. Sanitary inspector to collect samples of milk and cream and cause them to be analyzed and tested.] The board of health shall have the health officer or sanitary inspector or a special officer (as may hereafter be provided for by said board) collect samples of milk and cream in the care, possession, custody or control of dairymen, milk vendors, milk peddlers, milk-wagon drivers, and any and all other persons engaged in the sale, keep- ing, storing, handling, disposing of, transporting, carrying, ex- changing or delivering milk or cream. Said officer may enter all places where milk is stored, or kept for sale and all carriages used for the conveyance of milk and take samples for analysis from all such places, or carriages or conve} r ances ; and at the same time a portion of the sample so taken shall, if the officer taking the same be requested so to do, be sealed and delivered to the owner or person from whose possession the same is taken. For this purpose shall be furnished to such officer or inspector, SUPERVISION OF MILK, DAIRIES, ETC. 411 bottles, corked and labeled, on the label of which said officer shall write his name, the number of the sample and the name and license number of the person or firm from whom the sample has been taken, so that such person may have the same tested, or analyzed by a practical chemist. 275. Milk or cream to meet requirements — violation — penalty.] The board of health shall have the samples collected by the inspector, analyzed or otherwise satisfactorily tested. The result of such analysis or test shall be recorded and pre- served as evidence. Whenever a sample or sample^, so found and taken shall not correspond with, or shall be in violation of the requirements of this ordinance the person or persons, firm or corporation in whose possession, care, custody or control such milk or cream be found, shall be deemed guilty of a misde- meanor and on conviction thereof shall be punished by a fine of not less than ten dollars or more than one hundred dollars for each and every offense. 276. Samples of milk to be analyzed and tested.] All samples of milk and cream taken or brought to the office of the board of health, by the officer thereof or by any other person, shall be analyzed or otherwise satisfactorily tested, and when- ever said milk or cream so tested or analyzed shall be found violative of the provisions of this ordinance, the necessary steps shall be taken for the prosecution for a violation thereof. The analysis or test herein required may be made with such instru- ments, apparatus, chemicals or other articles and to such extent as may, by the board of health be deemed necessary. 277. Officer to inspect vessels, cans and store places.] It shall be the duty of the health officer or the sanitary inspector to visit, view and inspect all places and vehicles in which milk or cream may be sold, offered for sale, stored, kept, exchanged, delivered or disposed of, as well as to inspect, view and examine all vessels, cans, receptacles, packages, refrigerators or compart- ments of store places or buildings of any kind containing milk or cream, and ascertain or examine the condition thereof with reference to cleanliness and sanitation, and is authorized, di- rected and empowered, to cause the removal and abatement of any unfit, unclean, or injurious condition, attending the keep- OEXKKAL OHDI NANCES OF CITY. 412 ing, storing, or possession, care, custody or control of milk or cream at and in all places. Any person, firm or corporation, failing, neglecting, delaying or refusing to obey or conform to any reasonable order or direction of said officer or member of the board of health, shall be deemed guilty of a misdeameanor and on conviction thereof shall be fined not less than ten dollars or more than One hundred dollars for each and every offense. 278. Milk dealers must have license — fees for license.] ]S T o person or persons, firm or corporation or milk driver thereof, shall sell or offer for sale, expose for sale, dispose of, exchange or deliver, or with the intent to. do so as aforesaid, have in his or their possession, care, custody or control, milk or cream for human food, without first having been licensed to do so. Every person or persons, firm or corporation selling or disposing of milk or cream shall, within fifteen days after the passage and publication of this ordinance, and annually thereafter, on the first day of January, pay fees as follows: Every milk or cream vendor selling, offering for sale, exchange or deliver, or dispos- ing of the same in or from any store, stand, booth, market place, milk depot, warehouse, dairy, cow stable, or any building or establishment of any kind, or in or from any wagon, carriage or other vehicle shall pay the sum of five dollars: Provided , however, that this section shall not apply to private persons who owm one or more cows and w r ho sell milk to their- neighbors or customers by peddling the same by hand. When more than one w r agon, carriage or vehicle is used from which milk or cream is sold or offered for sale, there shall be paid at the same time and in like manner for each additional wagon, carriage or other vehicle the sum of five dollars.. If any person, firm or corpora- tion, commence or engage in the traffic handling of milk or cream at periods other than those herein specified, he or they shall before doing so, pay a proportionate part of the license fee and procure the license in their case required, which license so issued as well as other licenses herein required shall be good for a period ending with the first day of January following the issuance and delivery thereof. Ever} 7 person, firm or corpora- tion, violating this section or any of its provisions shall be deemed guilty of a misdemeanor and on conviction thereof shall SUPERVISION OF MILK, DAIRIES, ETC. 413 be punished by a fine of not less than ten dollars or more than one hundred dollars for each and every offense. 279. Licenses for dealing in milk — how issued.] Licenses shall be issued in the name of the applicants thereof. Before the issuance of the license every vendor of milk or cream shall make a written application therefor on a printed form provided for that purpose on which shall be stated ; First — The name, residence and location of the business place of the applicant. Second — The number of cans, if any, owned or controlled by the applicant. Third — The number and description of each and every wagon, carriage or other vehicle used in the milk and cream business. 280. Plate with number of license to be displayed outside of vehicle.] No milk or cream shall be sold, offered for sale, ex- changed, delivered, transported, conveyed or carried on any wagon, carriage or other vehicle, unless the owner or owners thereof, shall first obtain from the city clerk, a painted metal plate eight inches long and four inches wide, on which shall be stamped the number corresponding with the license and also the words “Springfield Milk Peddler,” together with the year for which the license is issued, which plate the said license owner or owners shall cause to be securely fastened on the out- side of the box of his vehicle so licensed, or in a conspicuous place so that the same may be easily seen. 281. Skimmed milk to be so designated and tagged.] Any vendor of milk or cream, or any driver, servant or agent of such vendor, who shall in the city of Springfield sell, or offer for sale any milk from which the cream or any part thereof shall have been taken, shall offer and sell the same as skimmed milk and not otherwise, and no vendor of milk and no driver, servant or agent of such vendor shall offer for sale or sell or have in his custody, . possession or control with the intent to sell and deliver the same, any such milk from which the cream or any part thereof shall have been taken unless the can, vessel or pack- age containing such milk shall have conspicuously attached thereto a steel or metal plate tag, on which shall be engrossed 414 GENERAL ORDINANCES OF CITY. the words “Skimmed Milk” in large, plain, distinct letters; said steel or metal pLate tag shall be not less than three inches by five inches in size. Any person or persons violating this section shall be deemed guilty of a misdemeanor and upon con- viction shall be punished by a fine of not less than ten ($10) dollars or more than one hundred ($100) dollars. 282. Impure, diluted and unhealthy milk not to be sold — penalty.] Whoever by himself, or by his servant or agent, employe, or milk-wagon driver, or as the servant, agent, employe or milk-wagon driver, or any other person, firm or corporation, sells, offers for sale, exchange, delivers, transports or carries for the purpose of sale, exchange or delivery, or has in his cus- tody, possession, care or control, with the intent to sell, offer for sale, exchange or delivery, any milk or cream for human food which is unclean, diluted, impure, unhealthy, diseased, unwholesome, adulterated with any coloring matter or preserva- tive or not up to the standard of good quality provided for by this ordinance, or milk to which any water or any foreign sub- stance has been added, or milk or cream produced from sick or diseased cows, or milk or cream produced from cows kept in an unclean, fdthy or unhealthy condition, or milk or cream that has been exposed to, or contaminated or affected by the emanations, discharges or exhalations from any human being, or animals sick with any contagious or any infectious disease by which the health or life of any person may be endangered, compromised or in any way affected shall be deemed guilty of a misdemeanor, and on conviction thereof shall, for the first offense be punished by a fine of not less than ten dollars or more than one hundred dollars, and for each subsequent offense, by a fine of not less than twenty-five dollars or more than two hundred dollars. 283. Persons selling milk preservatives to report the same.] All grocerymen, druggists, milk-dealers, or other persons who shall sell milk preservatives of any kind whatever, shall keep a correct account of the amount of such preservatives sold and the names of the persons to whom sold, with the amount sold to each person, and shall report the same to the clerk of the board of health on or before the last day of each month. Who- SUPERVISION OF MILK, DAIRIES, ETC. 415 ever shall violate the provision of this section shall be subject to the penalties provided in the preceeding section. [Passed June 5, 1899. * 284. Grade of milk fixed — milk under grade not to be sold — penalty.] No milk shall be kept, sold, offered for sale, stored or exchanged, transported, conveyed, carried or delivered, or with such intent as aforesaid, be in the care, custody, control or possession of any one if it contains more than eighty-eight per centum of watery fluid or less than twelve per centum of total milk solids, of which total solid three per centum shall be butter fat. Offenders under this section shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than ten dollars or more than one hundred dollars for each and every offense. 285. Grade of cream fixed — cream under grade not to be sold — penalty.] No cream shall be sold, offered for sale, ex- changed or delivered or be transported or carried for the pur- pose of sale, offering * for sale, exchange or delivery that shall contain less than fifteen per centum of butter fat, or that is taken from impure, diseased, unhealthy, unclean, adulterated, or unwholesome milk, or milk to which any foreign substance of any kind has been added. Offenders under this ordinance will be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not less than ten dollars or more than one hundred dollars for each and every offense. 286. Hotel and boarding house keepers subject to provisions herein.] Every hotel keeper, restaurant keeper, or boarding house keeper, who furnishes milk or cream to his or her guests or boarders, shall be in all respects subject and amenable to the provisions of this ordinance, saving and excepting the ob- taining of license. [Passed July 6, 1897. 287. Owners and managers of herds to cause cows to be in- spected.] Any person, owning, controlling, or managing, any dairy herd within the city of Springfield, or owning, controlling, or managing any dairy herd from which milk is taken to be sold within the said city of Springfield, shall annually cause each and every cow belonging to said dairy herd, and from GENERAL ORDINANCES OF CITY. 41G which milk is taken to be tested by or under the supervision of the State board of live stock commissioners with tuberculin for the purpose of ascertaining if any of the cows belonging to such herd is affected with tuberculosis; and said persons shall annually file with the milk inspector a certificate from the secretary of the State board of live stock commissioners, cer- tifying that such dairy herd has been tested with tuberculin, and that in the opinion of the board such herd is free from the disease of tuberculosis. 288. Certificate to be filed with milk inspector.] It shall be unlawful for any person, or persons, to sell, or offer for sale, within the said city of Springfield, any milk which has been taken from any cow, or cows, without first filing with the milk inspector a certificate from the secretary of the State board of live stock commissioners, certifying that the cow or cows, from which such milk offered for sale is taken, has within a year pre- ceding the date on which such milk is offered for sale, been tested with tuberculin, and that such cow or cows, in the opinion of the State board of live stock commissioners is free from the disease of tuberculosis. 289. Milk from cows not so inspected and certified, not to be offered for sale — penalty for violation.] Any person, or persons, offering for sale within the said city of Springfield, any milk which has been taken from any cow or cows that have not been tested, and a certificate filed as provided in the two preceding sections, shall be fined in the sum of not less than ten dollars nor more than two hundred dollars. Article IV. THE HEALTH INSPECTOR. 290. Inspector — by whom appointed — term of office.] 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. 291. Bond.] The health inspector shall, before he enters upon the duties 1 of his office, give bond to the city in like man- THE HEALTH INSPECTOR. 417 ner and amount as a police patrolman, and he shall receive for his services the same salary or compensation as is or may be allowed, by ordinance, to police patrolmen. 292. Duties.] 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 complaint may be made to him, make a thorough examination of any and all premises, and cause all nuisances to be removed or abated with reasonable promptness. 293. Power and authority of.] 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 removed; and he shall cause all privies, vaults, pig-sties, sinks and drains to be cleansed and kept in an inoffensive condition, and all dead animals and other unwholesome things to be buried or removed beyond the city limits. 294. Refusing to abate nuisance — penalty.] Whoever shall resist or obstruct ,the health inspector 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 sub- ject to a fine of not less than three dollars nor exceeding twenty- five dollars. 295. To attend board meetings.] 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 exercise of his powers and duties, he shall con- sult the mayor or city attorney, and be governed by their in- structions. 296. Duties of police.] It shall be the duty of the several members of the police force to aid and assist the health inspec- 418 GENERAL ORDINANCES OF CITY. tor, from time to time, in enforcing the provisions of this arti- cle. 297. If no inspector appointed police to perform the duties.] In case of there being no health inspector appointed, or of his being retired from active service and pay, the duties herein re- quired of him shall be performed by any police patrolman of the city, whom the mayor may designate for that purpose. Article V. SUPERVISION OF PLUMBING AND DRAINAGE. 298. Board to supervise plumbing and drain laying — to keep register of persons engaged in the business — and to issue cer- tificates.] The board of health is hereby charged with the supervision of plumbing and drain laying and all matters per- taining thereto. Said board is hereby authorized to register, in a book kept for that purpose, the full name and residence and place of business of all persons, firms or corporations, who may desire to engage in the business or trade of plumbing and drain laying in the city of Springfield, either as masters or workmen, and to issue such parties as are found competent, certificates of authority to do plumbing or drain laying, con- nected or to be connected with the water supply or the drainage system of the city: Provided , such persons, firms or corpora- tions shall have complied with the conditions prescribed in this ordinance. Said board shall have power and is directed to suspend, for a definite time, or to cancel, at the direction of the board any certificate of authority granted hereunder, if, after notice and opportunity to be heard, the party therein named is found guilty of violating the terms and conditions of this ordinance. 299. Supervisor of plumbing to be sanitary inspector — appointment — qualifications.] The mayor, by and with the advice and consent of the city council, shall appoint a supervisor of plumbing and drain laying, who shall hold office until the first Monday in May, and be appointed annually thereafter, who shall be known as sanitary inspector, and who shall be a journeyman plumber of not less than five years* experience as a journeyman, and competent to design and execute plumbing SUPERVISION OF PLUMBING AND DRAINAGE. 419 work. The said inspector shall be in no way connected with any firm or corporation in any capacity, or be interested finan- cially with said parties in 'the business of plumbing or drain laying. 300. Bond — salary.] The inspector of plumbing so ap- pointed shall give bond in the sum of two thousand dollars and shall receive twelve hundred dollars per year. The bond re- quired to be given under this ordinance must be approved by the city council. 301. Duties.] It shall be the duty of the sanitary inspector to receive and examine all plans of plumbing and drainage sub- mitted for approval. If he finds them in accordance with the ordinances, rules and regulations for the government of plumb- ing and drain laying, he shall endorse the original plan or plans as approved,, and issue a permit for the construction thereof, and shall file in a convenient form for reference, the duplicate plan or plans. If the plans submitted are not in accordance with the ordinances, rules and regulations, he shall reject them, and if requested, state the grounds of rejection. Approval ox rejection of plans shall be made within two days after date of filing. He shall give general information and advice as to the meaning and requirements of the ordinances, rules and regula- tions, to persons desiring the same. He shall investigate all cases reported or referred to him of bad or imperfect work or material, old or new, and report same to the board of health. He shall report all cases of violation or attempted violation of the ordinances, rules and regulations on the part of plumbers, drain layers, builders, owners or agents, and under the instruc- tion of the board prosecute the offending parties. He shall issue all notices and certificates of registration and keep a record of all inspections made, and when the plumbing or drain laying of any premises shall be satisfactorily completed he shall issue to the party doing the work a certificate that the same has been lawfully and properly done. He shall charge to the account of each plumber and drain layer, the fees for inspection herein authorized to be charged for, and shall certify to the president of the board of health, to the comptroller and to the city clerk, weekly, the amount charged against each deposit made by plum- bers and drain layers so that such may be transferred to the proper funds. He shall fulfill the duties of the health inspec- tor as provided for in the Revised Ordinances, in the City of Springfield, in chapter 8, article IV. (sections 292 to 296, in- clusive.) 302. Persons engaged in plumbing to register with sanitary inspector — to give bond, etc.] It shall be the duty of every person, firm or corporation desiring to engage in the business of plumbing or drain laying in the city of Springfield, to have his, her or their full name, residence and place of business registered in a book, kept for that purpose, by the sanitary in- spector, and in case of removal or change in the firm to have such change made in the register without delay. It shall be the duty of every such party to give bond in the sum of two thousand five hundred dollars as plumbers and drain layers, or one thousand dollars as drain layers. Said bond shall be signed by two good and sufficient sureties, to be approved by the mayor and the city council and filed with the city clerk, and shall be conditional that they will faithfully observe all ordinances of the city pertaining to plumbing, drain laying or excavations, and of all rules and regulations established under the authority of such ordinances, that all plumbing and drain laying work done by them, or under their control shall be exe- cuted in a workmanlike manner ; that they will employ no work- men but such as have certificates of registration as herein re- quired, that they will indemnify and save harmless, the city of Springfield from all accidents and damages caused by any negligen.ce of protection from their work, or by any unfaithful or inadequate work done by themselves or their employes; said bond shall be renewed at intervals of two years, or oftener if the security should be impaired. Xo person, firm or corpora- tion not registered, or whose certificate of registration has been suspended or cancelled, shall be given a permit to repair or build any sewer, drain or connections therewith, or to do any work upon pipes or appurtenances connected with the water works or sewerage system of the city. It shall be the duty of every plumber and drain layer before commencing the con- struction of new, or the reconstruction of old work, to file in the office of the board of health duplicate plans of the work proposed to be done, showing the whole course of drains, soil. SUPERVISION OF PLUMBING AND DRAINAGE. 421 supply and waste pipes, the arrangement and connections of all fixtures, the position of traps, and their ventilation and such other details as the sanitary inspector may be authorized by the board of health to require. Said plans to be returned for amendment until made satisfactory. Approval shall be attested by indorsement on the copy of the plans which shall be returned to the party filing the same ; a duplicate copy being filed in the office of the board of health. The plans approved shall not be varied from except an amended plan is first submitted and approved. The plans must be accompanied by a specification of the materials to be used. 303. To have certificate of registration as a practical plum- ber.] It shall be the duty of every person employed or work- ing at the trade as plumbers or drain layers, to secure a cer- tificate of registration as a practical plumber or drain layer from the sanitary inspector, and to show such certificate to any member of the board of health or to any policeman on demand. The certificate shall show and specify the kind of work the per- son to whom it is given is authorized to do. Said certificates shall be given without charge for one year from date thereof, to all persons who furnish satisfactory evidence of their skill and experience in the kind of work the applicant desires to do. Persons to whom a certificate is refused shall have the right to appeal to the board of health and in prosecuting such appeal to present oral and documentary evidence of fitness. The board of health may, after notice and opportunity to be heard, suspend any certificate for a definite period, or to cancel the same if the party is found guilty of violating the rules and regu- lations duly established, or is shown to be negligent, unskillful or negligent or unfaithful in his work, or to be a person unfit or unworthy of being trusted or employed in the w T ork of plumbing , or drain laying. Work done by an uncertified work- man, or by one whose certificate has expired, been suspended or cancelled, shall not be inspected or accepted and the water shall not be turned on to such work by the superintendent of water works or by any of his employes. The inspector and policemen are authorized to take up and return to the Board any certificate found in possession of persons other than he to whom it was issued, and the inspector shall mark certificates which have expired, been suspended or cancelled. 1 ')') GJCNKKAL ORDINANCES OF CITY. 304. To make deposits of inspection fees.] It shall be the duty of every registered firm, person or corporation conduct- ing the business of plumbing or drain laying to keep on deposit with the city treasurer to the credit of inspections deposits, at all times, a sum suflicient to pay the fees for inspection of work done by such persons. For each inspection of such work the sanitary inspector shall charge the sum of $1 against said de- posit, and the sanitary inspector shall be the judge, subject to the hoard of health, of the number of inspections to be made and charged for in any case. All fees collected by virtue of this ordinance shall be transferred to the health fund. No permits shall be given for sewer or water connections to any parties who have not made the deposit herein required, or who shall neg- lect to renew the deposit for five days after being notified to do so. It shall be the duty of every registered plumber or drain layer to notify the sanitary inspector in writing when work is ready for inspection, and no work shall be covered up or in any way concealed until it has been inspected and ap- proved. The sanitary inspector shall inspect all work within two days after his receiving notice of work being ready for in- spection. Plumbers shall also notify the sanitary inspector of all extensions or alterations of fixtures and pipes made by them so that the same may be inspected. 305. Permits to be issued for connections with water mains or sewers.] No house, building or premises shall be connected with the water mains or sewers, or excavations made in the streets or alleys therefor, without permits issued under the authority of the water and sewer commissioners. The condi- tions of such permits must be strictly complied with as part of the rules and regulations governing plumbing and drain laying. All work must be done by the plumber or drain layer in whose name the permits given under this ordinance are issued. The conditions of this ordinance shall apply to all sewers and water pipes whether the same are on private property or in public streets and alleys. 306. Drain laying and plumbing defined.] Drain laying as herein regulated is hereb}^ defined to include the connection with public or private sewers and such pipes as may be laid beneath the surface and more than four feet outside the foundation SUPERVISION 01' PLUMBING AND DRAINAGE. 423 walls of buildings to be drained, if such building contains plumbing, or which may be intended solely to drain the foun- dation walls, cellars and roof water of buildings of which do not contain plumbing. Plumbing is hereby defined to include the pipes, fixtures and all appurtenances thereto which are used to connect the water to, and to distribute in or about any premises or building for any use whatever, and all pipes and appurtenances used or to be used for conveying liquid water with- in and to a distance of four feet outside of the foundation walls of any building, and all pipes and appurtenances used to ven- tilate the drains, fixtures or traps in any building. Also all pipes and connections through which gases, vapors or wastes of any kinds may discharge into drains or sewers. 307. Main drain in every house to be connected with sewer.] The main drain of every house or building shall be separately and independently connected with the street sewer where one is provided; and where there is no sewer in the street, to con- struct a private sewer to connect with one oh an adjacent street, such sewer plans may be used as may be approved by the board, but in no case shall a joint drain be laid in cellars parallel with street or alley. All house drains laid beneath the ground in- side of a building or beneath the cellar floors shall be of extra heavy cast iron soil pipe, with well leaded and calked joints. Where the main drains or connections thereto are run above the cellar floors the same must be made with extra heavy cast iron soil pipe or lead. Outside of building where the soil is of sufficient solidity for a proper foundation hard burned vitri- fied sewer pipe may be used. The sewer pipe must be laid on a smooth bottom, with a special groove cut in the bottom of the trench for each hub, and so well rammed on each side of the pipe that it shall lay solid before the cement joint is made. The joints must be filled and rounded off with good cement mortar, made of best cement and clear, sharp river sand mixed, of equal parts, cement and sand. The cement must be mixed in small quantities at a time, and used as soon as made. No drains shall be covered up until they have been inspected. 308. Size of drains.] The house drains shall not be less than six inches nor more than ten inches in diameter and shall have a fall of not less than one quarter of an inch to one foot. 424 GENERAL ORDINANCES OF CITY. inside drains must not be less than four inches for water closets and three inches for sinks, tubs, etc. 309. Cellar drains — how constructed.] Cellar drains must never be connected with house drains, but must be constructed as follows: By a system of field tile drains to a catch basin built of brick and cement mortar and have a stone cover, the outlet pipe to house drain to be properly trapped and the inlet pipe from cellar drains to have a back pressure valve of ap- proved make. 310. Catch basins and cast iron traps to be provided.] Where it is desired to discharge roof water from residences or overflow pipes from kitchen or to drain well sinks to house drains, they must be constructed with catch basin as provided for cellar drains. Where down spouts from buildings other than residences are to be connected with drains or sewers, they must be trapped with cast iron traps and have cast iron pipes to extend above the ground and at least five feet away from the outlet of the trap connecting the same with the sewer pipe drains. 311. Arrangements of pipes to be direct.] The arrange- ments of all soil and waste pipes must be as direct as possible, all changes of direction on horizontal pipes shall be made with Y branches 1-6 and 1-8 bends. 312. Vertical pipes to extend two feet above roof.] Every verticle soil or waste pipe shall extend at least two feet above the roof and shall be of undiminished size with the outlet un- covered, caps or cowls are prohibited. Such soil pipes shall not open near a window nor an air shaft ventilating living room. 313. Horizontal pipes to be ventilated.] Every branch or horizontal line of soil pipe to’ which two or more water closets are to be connected, and every branch line of horizontal pipe eight feet or more in length to which a water closet is to be connected, shall be ventilated either by extending such soil pipe undiminished in size to at neast two feet above the roof or to che highest part of the building or by extending said soil pipe and connecting it with the main soil pipe above the highest fix- ture, or by a ventilating pipe connected to the crown of each water closet trap not less than two inches in diameter which SUPERVISION OF PLUMBING AND DRAINAGE. 425 shall be increased one-half an inch in diameter for every fif- teen feet in length, and connected with a special air pipe which shall be not less than four inches in diameter, or by connecting said ventilating pipe to the main soil pipe above the highest fixture. 314. Main soil drain pipe to have cast iron trap inside foun- dation walls.] The main soil or drain pipe must be tapped inside the foundation walls with a cast iron trap and provided with a hand hole or cover for cleaning out. A fresh air inlet pipe shall be run from the inlet side of the trap to a point outside of the building and at least one foot above the grade line. The fresh air pipe shall not be less than three inches in di- ameter. Where the trap is below the cellar floor it shall be walled up with brick and a suitable cover provided so the trap will be accessible at all times for cleaning and repairs. Where the main drain passes through or under a new wall a relieving arch must be built with a two inch clearance on the sides and top of the trap. 315. Every sink, etc., to be separately and effectively trapped. ] Every sink, basin, bath tub, water closet, slop hopper and each set of wash trays and every fixture having a waste pipe must be separately and effectively trapped, the trap to be placed as near the fixture it serves as practicable. All traps (inside of buildings or covered with roof attached to a building) must be protected from syphonage by special vent pipes of cast iron or lead, to be in size not less than the outlet of the traps they vent; and those used to supply air to traps of one or more water closets located in the basement or on the first floor of a building, not less than two inches in diameter. 316. No sheet metal or earthen pipe to be used.] No sheet metal, or earthen ware pipe or chimney fiue shall be used as a drain or trap vent. Several fixtures may be vented through the same pipe where cast iron soil pipe is used of sufficient size. 317. Pipes to be sound.] All cast iron soil or vent pipes must be sound and free from holes and cracks and all joints must be made with lead or oakum. Connections with lead waste pipes and traps or bends must be made with brass or lead combination ferrules and wipe joints. No cast iron soil pipes shall be used of less than the following weights : 42 6 GENERAL ORDINANCES OF CITY. Extra heavy — 2-inch pipe per foot, 5% pounds; 3-inch pipe per foot, 91/2 pounds; 4-inch pipe per foot, 13 pounds; 5-inch pipe per foot, 17 pounds- 6-inch pipe per foot, 20 pounds; 7- inch pipe per foot, 27 pounds; 8-inch pipe per foot, 33^ pounds. 318. System of pipes to be tested.] The owner or agent of any building in course of construction which contains plumb- ing must contract to have the entire system of soil and vent pipes tested, by stopping the openings and filling the same with water to the highest point of all leaks stopped. All defective pipes must be removed. This test must be made in the pres- tence of the sanitary inspector. This applies to the plumbing work in old buildings that is being remodeled. 319. Every safe must be drained by a special pipe.] Every safe under a wash basin, water closet or other fixtures must be drained by a special pipe not directly connected with any soil, waste or drain pipe or sewer, but must discharge into an open sink, upon the .cellar floor or outside the house. The drain pipe from refrigerators shall not be directly connected with the soil or waste pipe or with the drain; it should discharge into an open and water supplied sink if possible. 320. Water closets to be ventilated.] Water closets must never be placed in an unventilated room or compartment. In every case the room or compartment must be open to the outer air or be ventilated by means of an air duct or shaft, of ap- proved size. Interior water closets shall not be supplied from city supply pipes direct. All water closets within the house or buildings must be supplied from special tanks or cisterns. Water closets when placed in the yard must be separately trapped and so arranged as to be conveniently and adequately flushed and their water supply pipes and traps must be pro- tected from freezing. The compartments of such closets must be ventilated by means of slatted openings in the doors or roof. 321. No steam pipe to be connected with sewer.] No steam, exhaust, blow-off or drip pipe shall be connected with the sewer or any house drain, soil or waste pipe. Such pipes shall be discharged into a tank or condenser, from which a suitable outlet to the house drain shall be provided. No waste, soil or drain pipe will be allowed to drain or discharge upon the streets or alleys. SUPERVISION OF PLUMBING AND DRAINAGE. 427 322. Wooden wash trays and sinks prohibited.] Wooden wash trays and sinks are prohibited inside of any building. They shall be of non-absorbant material. 323. No catch basin in any building.] No catch basin shall be allowed in any building unless by special permission of the board. 324. Lead bends to be one-eighth inch thick.] Lead bends or traps for water closets shall not be less than one-eighth of an inch in thickness. 325. Waste pipes from wash basins — diameter.] Waste pipes from wash basins shall not be less than one and one-quar- ter inches in diameter, and for sinks and bath tubs shall not be less than one and one-half inches in diameter. 326. Connections of lead pipes to be wiped.] All connec- tions of lead pipes shall be wiped, soldered joint. 327. Weight of lead waste pipes.] All lead waste pipes must be of the quality known to the trade as ‘Tight.” No pipe of lighter weight will be allowed. All supply pipes of lead must be of the quality known as “strong” or “extra strong.” 328. Sanitary inspector to enter premises.] The sanitary inspector shall have the right to enter upon any premises con- taining plumbing or drainage at all reasonable hours to as- certain whether the provisions of this ordinance have been, or are being complied with. 329. Plumbers desiring to make connections must get per- mit.] All licensed plumbers desiring to make connection, ex- tensions or alterations of any water pipes, must first take out a permit to do so from the superintendent of the water works, and return the same as soon as the work is finished. The water must not be left turned on without the permission of the super- intendent of the water works. 330. Penalty for violation of this ordinance.] Any plum- ber or drain layer who shall be guilty of violating any of the provisions of this ordinance shall forfeit his license and be sub- ject to a fine on conviction of not less than ten dollars and not more than one hundred dollars. GENERAL ORDI NANCES OF CITY. 428 331. Plumbers held responsible for acts of their agents.] All licensed plumbers shall be held responsibe for all acts of their agents or employes done by. virtue of his or their .said acts. 332. Board of health to enforce.] Wherever in this ordi- nance the board is referred to it shall be taken to mean the hoard of health of the city of Springfield, or the officers or agents of said hoard of health, and the said hoard of health is charged with the duties herein imposed, as well as the general enforce- ment of this ordinance, and the supervision of all plumbing, drainage and sewer work within said city, so far as it relates to the sanitary condition of said city, its buildings, public and private, and the health of the inhabitants thereof, as imposed by the laws of the State of Illinois. i Article. IV. MEAT INSPECTOR. 333. Term of office and qualifications.] There is hereby created the office of meat inspector in the city, and such inspec- tor shall hold his office for the term of one year and until his successor is appointed and qualified. He shall be a practical butcher who has had not less than five years (consecutive) ex- perience in the handling of dressed meats and shall be entirely competent to detect diseases of animals intended to be butchered and used for human food. [As amended July 3, 1893. 334. How and when appointed.] He shall be appointed on the first Monday of May, 1889, and annually thereafter by the mayor by and with the advice and consent of the city council. 335. Bond.] Before entering upon the duties of his office he shall enter into bond with surety to be approved by the city council in the sum of two thousand dollars, conditioned for the faithful performance of the duties of his office. 336. Powers of. ] Said inspector shall have power to inspect all fresh meat exposed for sale within the city, or kept with in- tent to sell therein, and may for this purpose, enter into any building where the same is or may be kept or exposed for sale. 337. When animals to be inspected — penalty for non-com- pliance.] Xo person shall sell, offer or keep with intent to MEAT INSPECTOR. 429 sell, any beef, pork or mutton (except smoked, salted or pickled meats), for human food, unless the animal from which it is taken, shall have been within forty-eight hours of the time of killing, and before it is killed, inspected by the inspector and de- clared healthy and fit for human food : Provided that nothing in this section shall prevent "the sale of dressed meats shipped from places where inspectors are provided. And provided further , that nothing in this section shall prevent any bona-fide farmer from disposing of said meats, and any one violating this section shall, on conviction, be fined not less than twenty-five, nor more than one hundred dollars for each offense. 338. Where inspection to be made.] It shall be the duty of the inspector upon being notified that any person within the city has any animal wdiich he desires to kill for beef, pork or mutton for human food, to go at once with all reasonable dis- patch anywhere in the city to inspect the same. 339. To be present at meetings of board of health.] It shall be the duty of the meat inspector of the city of Springfield to be present at the monthly meetings of the board of health and to make a full and complete report of all his acts and doings as such meat inspector to said board of health at its regular monthly meetings. 340. To inspect meats exposed for sale by farmers and ped- dlers.] The meat inspector of the city of Springfield shall inspect all meats offered or exposed for sale by farmers, peddlers or other persons from wagons or other vehicles, within the limits of said city. 341. Card attached to inspected meat.] The said inspector shall attach a card to all meats inspected by him, upon which card shall be written in ink the date of inspection and the name of the owner. 342. Penalty for violation. ] Any person or persons offering or exposing any meat for sale within said city without the pro- visions of this ordinance having been complied with, shall be deemed guilty of a misdemeanor and shall be subject to a fine of ten dollars for each offense. 430 GENERAL ORDINANCES OF CITY. CHAPTER IX. CITY SCALES— WEIGHTS AND MEASURES. Article I. The City Weigher. II. Inspector of Weights and Measures. Article I. THE CITY WEIGHER. 343. How and when appointed — term of office.] 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 there- after as may be, and annually thereafter, one city weigher 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: Provided , that the mayor may appoint, from time to time, with the consent of the city council, such addi- tional number of city weighers as he may think proper and necessary, and may remove them at his pleasure. 344. Oath — bond.] 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 all moneys received by him, according to law and the ordinances of said city. 345. Duties defined.] Said weigher shall attend at the city scales at all reasonable hours of the day (Sundays and legal holidays excepted), 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 ap- propriate 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 certifi- cate thereof to the person applying for the weighing of such load or part of load, which certificate shall be delivered to the purchaser on sale or delivery of the load. THE CITY WEIGHER. 431 346. How certificate to be made — failure to have vehicle re-weighed — penalty.] When the vehicle and load shall be weighed together, 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 required 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. 347. Deduction in weights.] 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 weigh- ing stone coal a suitable 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 belong- ing to the load. The weight or quantity of all articles shall be computed in accordance with the laws of this State in rela- tion to weights and measures.* * Sec. 5. ‘ ‘The hundred weight shall consist of one hundred pounds, and twenty such hundred weights shall constitute a ton. Sec. 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: ARTICLE. POUNDS. Stone coal 80 ARTICLE. POUNDS. Buckwheat 52 Unslacked lime 80 Corn in ear 70 Wheat 60 Irish potatoes 60 White beans 60 Clover seed 60 Onions 57 Coarse salt 50 Barley 48 Corn meal 48 Castor beans 46 Timothy seed 45 Hemp seed 44 Malt. 38 Shelled corn 56 Rye 56 Dried peaches 33 Oats. 32 Flax seed 56 Sweet potatoes 50 Turnips 55 Fine salt 55 Dried apples 24 Bran .20 Blue grass seed 14 Hair (plastering) 8 GENERAL ORDINANCES OF CITY. 432 348. Scales to be tested monthly.] The city weigher shall test the accuracy of his scales monthly, or oftener if he has rea- son to think them inaccurate. He shall keep them in good order, and cause the same to he repaired when needed; but no expense shall be incurred therefor exceeding five dollars, without the con- sent of the mayor or comptroller. 349. Comptroller to furnish books and blanks.] 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 certificate, and crediting him from time to time with the treasurer’s receipts filed by him, and other proper credits. 350. Shall make monthly report to council — shall pay over money to treasurer.] 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. 351. May appoint deputy.] In case of the temporary ab- sence or disability of the city weigher, he may, at his own ex- pense, appoint a deputy, who, during such absence or disabil- ity, shall perform the duties of city weigher ; but the said weigher and his sureties shall be responsible for the acts of such deputy. 352. Refusal to weigh when fees tendered — penalty.] 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. 353. Weigher not to buy hay or stone coal.] 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. INSPECTOR OF WEIGHTS AND MEASURES. 433 354. No person shall alter certificate — penalty.] 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. 355. How and when appointed.] There shall be annually appointed by the mayor, by and with the advice and consent of the city council, at 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. 356. Oath — bond.] 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. 357. Comptroller to procure standards — sealed by county or state sealer.] The city comptroller shall procure, at the ex- pense 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 pro- cured to be tested and sealed by the county or State sealer, and the same shall be used by said inspector of weights and meas- ures for testing the weights and measures of said city. 358. When inspection is to be made — stamp to be used.] It shall be the duty of the • inspector of weights and measures, once in each calendar year to inspect, where situate, and test the accuracy of all weights, measures, balances, scales, beams 434 GENERAL ORDINANCES OE CITY. and other instruments used for weighing or measuring any ar- ticle 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 accuracy. 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. 359. Shall inspect by request regardless of previous inspec- tion.] .It shall also be the duty of said inspector, whenever complaint is made to him by any person interested, or when- ever 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 re- quested by the owner or person using any such weight or meas- ure, to inspect and test the same without regard to the date of any previous inspection : Provided , that said inspector shall not be entitled to charge for any inspections, but the inspec- tor of weights and measures shall be entitled to the same fees as paid the city weigher, to be paid out of the city scales fund, and that he shall inspect all city scales free of charge. 360. Shall condemn when incorrect — penalty to use when incorrect.] If the inspector of weights and measures shall, 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 forth- with notify the owner or user thereof of such condemnation, and the use of any weight, measure, balance, scale, beam or other instrument so condemned is hereby prohibited, until the same shall have been corrected and sealed by said inspector, un- der a penalty to the offender of not less than ten dollars nor more than fifty dollars for each offense. 361. Shall keep register of inspections made and make an- nual report to council.] 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 in- struments 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 INSPECTOR OF WEIGHTS AND MEASURES. 435 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. 362. Shall not use weights and measures not inspected — penalty.] 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 inspected, tested and stamped by the city inspector of weights and meas- ures, under a penalty of not less than ten dollars nor more than one hundred dollars for each offense. 363. Shall have access to building, etc., — penalty for re- fusal.] 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 in- struments used or owned by him, or who shall in any manner hinder, obstruct or delay said inspector in the performance of any of his duties, as prescribed in this article, shall, upon con- viction, be fined not less than ten dollars nor more than fifty dollars for each offense. 364. Shall keep an office and deliver register, etc., to suc- cessor, etc.] It shall be the duty of said inspector to keep an office within the city, and to designate thereat, by card or other- wise, 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 resig- nation thereof or removal therefrom, he shall forthwith de- liver to his successor in office, or to the city comptroller, his book of registry, together with all standard beams, weights and measures in his possession, belonging to said city. 365. Must conform to standard — penalty.] Whoever shall use in weighing or measuring any article for sale, within said city, any weight, measure, scale, beam, balance or other instru- ment, which does not conform to the standard adopted and pre- 43G GENERAL ORDINANCES OF CITY. scribed 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. • CEMETERIES, INTERMENTS AND PERMITS. 437 CHAPTER X. CEMETERIES AND INTERMENTS. Article I. Cemeteries, interments and burial permits. II. Oak Ridge Cemetery. Article I. CEMETERIES, INTERMENTS AND BURIAL PERMITS. 366. Prohibits establishing, extending or using in city — penalty.] No cemetery or burying ground shall hereafter be established within the corporate limits of the city of Spring- field, or within one mile thereof; nor shall any cemetery or burying ground heretofore established within said city be ex- tended or enlarged, or used for burial purposes, under a pen- alty, in each and every case, of not less than one hundred dol- lars, nor more than two hundred dollars; and any cemetery so established, extended or enlarged, is hereby declared a nuisance. 367. Unlawful to bury within city — penalty.] It shall be unlawful to make any interment or bury the dead body of any person in the cemetery known as 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. 368. Prohibits discharge of firearms within- — penalty.] Whoever shall hunt, discharge fire-arms, set off or explode fire- works, or otherwise trespass upon any cemetery or burying ground 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. 438 GENERAL ORDINANCES OF CITY. 369. Injury to monuments, tombstones, etc. — penalty for.] Whoever shall remove or carry away, or shall willfully, ma- liciously or negligently break, deface, destroy, or otherwise in- jure any monument, tombstone, tree, shrub, plant, vase, rail- ing, fence, gate, or any other property, article or thing belong- ing to, or placed or erected in, the cemetery known as Oak Ridge Cemetery, or belonging to or placed or erected in any cem- etery or burying ground within said city, or within the juris- diction of the city council thereof; or whoever shall pluck any flowers therein, or trespass upon or maltreat any grave therein, or violate any of the established 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 sepa- rate suit, for the cost and expense of repairing any injury or damage so done or committed. 1 370. Board shall manage.] The board of managers of Oak Ridge Cemetery shall have the charge, management and con- trol of the old city graveyard, and it shall be the duty of said board to see that the grounds belonging to the same are prop- erly cared for and protected. 371. Superintendent to make reports — penalty for failure.] The superintendent or other person in charge or control of any cemetery, now or hereafter to be established and maintained, 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 fumsh 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, occupa- tion, nativity and residence of the deceased; and any superin- tendent or other such person neglecting or refusing to comply with the requirements of this section, shall incur a penalty of ten dollars for every such neglect or refusal. 372. No burial without permit from city clerk.] 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 CEMETERIES, INTERMENTS AND PERMITS. 439 shall have been first procured from the city clerk, in the manner hereinafter provided. 373. Applicant for permit to file certificate of physician, etc. ] Any person applying for a burial permit shall file with the city clerk of said city a certificate, in writing, signed by the attend- ing physician, or coroner in the case, stating the name, age, sex, nativity, residence, and occupation 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 coro- ner, 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 resident householder where the death shall occur ; or, if none, by any reputable citizen acquainted with the facts and circumstances of the death. Upon the filing of such certificate, the clerk shall issue a burial certificate to the applicant there- for, but under no other circumstances whatever. 374. Duties of city clerk.] 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 in- formation contained in the certificates upon which such permits were issued. He shall, on the first Monday in each month, sub- mit to the city council a report, in writing, stating the number of burial permits issued, the number of interments in each cem- etery, 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. 375. Forged certificate — penalty.] Any undertaker, super- intendent 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 em- ployes of any transportation 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. GENERAL ORDINANCES OF CITY. 440 Article II. OAK RIDGE CEMETERY. 376. Oak Ridge Cemetery — location of, etc.] Lots numbered live (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 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 meridian, in the county of Sangamon and State of Illinois, containing in all seventy-eight and sixty-seven hundredths 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 Ridge Cemetery. 377. Plat approved.] The plat thereof heretofore made, subdividing the cemetery grounds into divisions, blocks, squares and lots, designated and numbered thereon,, having been ap- proved by the city council, and recorded in the recorder’s office of Sangamon county, is hereby declared to be the lawful plat of said Oak Ridge Cemetery, and the same shall not be changed except by order of the city council. BOARD OF MANAGERS. 378. Board of managers — how and when appointed — term of office.] 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 thereafter, five suitable persons, who shall be lot owners in said ceme- tery, 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 of- BOARD OF MANAGERS. 441 fices for the term of one year, and until their successors shall be appointed and qualified. 379. Oath — bond.] The members comprising said board, before entering upon their official duties, shall severally take the oath prescribed by law for city officers, and shall each exe- cute a bond to the city of Springfield in the penal sum of five hundred dollars, with sureties to be approved by the city coun- cil, conditioned for the faithful performance of the duties of the office. 380. Quorum — meetings — by-laws, rules, etc. — officers and duties.] A majority of the board of managers shall constitute a quorum for the transaction of business; and they shall hold general or special meetings, at the council chamber, 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 transactions of the board. 381. Board to control, supervise, etc.] The board of mana- gers shall have the control, charge and superintendence of said cemetery and its appurtenances, and shall supervise and direct the ornamenting, adorning, embellishing, laying out and im- proving the grounds thereof, and the avenues, walks and squares therein, and may cause to be erected or provided all such build- ings, vaults or other fixtures as may be necessary and proper for the convenient use of the cemetery; and for that purpose may employ such laborers or workmen, and purchase or con- tract 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 furnish- ing of labor or materials therefor. 382. Board to appraise lots, etc. — list and file same with city clerk — sell, etc.] Said board of managers shall appraise —16 442 GENERAL ORDINANCES OF CITY. the squares and lots remaining unsold in said cemetery, and shall, from time to time, when deemed necessary or expedient, re-appraise such as may remain unsold; but no square shall he 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. 383. Board to expend receipts — no debts to be incurred in advance of receipts.] All receipts on account of said cemetery, whether arising from the sale of squares or lots therein, from donations, from appropriations from the city treasury, or other- wise, shall be exclusively expended and applied, under the di- rection and control of the board of managers, to the preserving, 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 ad- vance of the receipts thereof, nor incur any debts on account of said cemetery without the prior consent of the city council. 384. City clerk to keep plat of grounds and all records.] 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 pur- chaser, the amount sold for, and the date of sale; and an ad- ditional column shall be ruled for the entry of any reappraisal which may be made. When any block or square, or part there- of shall be sold, the clerk shall make an entry of the name of the purchaser, the amount sold for, and the date of sale oppo- site the number of the block or square on the record, and shall also designate the square or part of square or lot sold by color- ing the same on the plat. 385. Application for lots, etc., to be made to the board — no sale for less than appraised value — who shall sign deed.] All applications for the purchase of cemetery squares, lots, or graves, BOARD OF MANAGERS. 443 shall be made to the board of managers, or the superintendent at the cemetery. Upon the purchase of any 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 pay- ment being made, and the filing of the treasurer’s receipt there- for 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. 386. Clerk and treasurer each to keep accounts — reports to council.] The city clerk and treasurer shall each keep a ceme- tery account, in which all moneys received or paid out on ac- count 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 expendi- tures. 387. Form of deed.] The cemetery deed shall be in the following form, as nearly as may be : OAK RIDGE 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 clerk of said 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 othe r use or purpose whatever. Conditioned, nevertheless, that no transfer or assign- ment of any square or lot, or any interest therein, shall be valid until approved by the 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 whereof, 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. 388. Grounds for burial of poor set apart — board to regulate setting of monuments, etc.] The board of managers shall set 444 GENERAL ORDINANCES OF CITY. 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 in- habitants of the city not having private lots, and another por- tion for the burial of colored persons. Said board may regu- late and prescribe the manner of inclosing, improving and adorn- ing the 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, adorn- ment, or other use of any lot or other part of the cemetery, or the erection or placing of any monument, 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 or 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 SUPERINTENDENT. 389. Superintendent appointed annually — oath — bond.] The said board may appoint, annually, with the approval of the mayor, a superintendent for Oak Kidge Cemetery, who shall hold his office for the term of one year, and until his successor shall be appointed and qualified. The superintendent shall, be- fore assuming the duties of his office, take the oath prescribed by law for city officers, and shall give bond to the city of Spring- field 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 compensation as may be fixed and paid by the board. 390. Duties of superintendent.] The superintendent shall have charge of said cemetery, and shall keep and preserve the grounds, buildings and fences in good order and repair, and the monuments, tombstones, 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 or- dinances of the city in relation to the cemetery, and the rules THE SUPERINTENDENT. 445 and regulations established by the board of managers for the government of the same, and shall report all violations 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 ar- rest, without warrant, all persons found hunting, discharging fire-arms, or otherwise trespassing upon the cemetery grounds, and take them before the proper magistrate or court, for trial. He shall be subject to the orders and directions of the board of managers in making improvements in said cemetery, and shall, when required by them, supervise the workmen or laborers em- ployed therein, and the improvements ordered by the board. 391. Shall keep plat and record of lots sold — monthly re- port.] Said superintendent 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 superintendent shall each month, upon making his monthly return, as hereinafter required, obtain from) the city clerk a list of the squares or 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. 392. To whom certificate may issue — record of death, dis- ease, etc., kept by clerk.] Any person desiring to make any interment in said cemetery, shall apply to the city clerk there- for, and upon presenting the usual certificate of death, signed by the attending physician, or other proper person, as provided by ordinance, and upon payment of the charges required, the clerk shall deliver to the applicant a burial permit, or certificate to the superintendent, 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 certifiate 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 in- terred, the disease, cause or manner of death, the sex and color, 446 GENERAL ORDINANCES OF CITY. and, whenever .practicable and can be ascertained, the age, occu- pation, birthplace and residence of the deceased. f 393. Duty of superintendent on receipt of death certificate and permit.] The superintendent, 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 superintendent shall {examine such certificates and compare them with the entries in their books, and see that they correspond therewith. 394. Where superintendent shall reside — depth of graves, etc.] Said superintendent shall, unless otherwise directed by the board of managers, reside in the building erected upon the cemetery grounds for the superintendent'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 pre- serve 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. 395. Penalty for neglect of duty or improper conduct.] If the superintendent shall willfully neglect or refuse to perform any duty hereinbefore required of him, or shall maltreat the dead body of any person, or any grave, or be guilty of any other improper conduct, he shall, upon conviction 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. 396. Shall deliver to his successor — penalty for neglect or refusal.] Said superintendent shall, upon the appointment and qualification of his successor in office, deliver to him all THE SUPERINTENDENT. 447 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. 397, Fines and penalties — to whom paid.] All fines and penalties, assessed and collected for violations of any of the pro- visions 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 Oak Ridge Cemetery fund. 448 GENERAL ORDINANCES OF CITY. CHAPTER XI. DOMESTIC ANIMALS. Article I. Animals— Impounding and Sale of. II. Dogs. III. Other Provisions Relating to Animals. Article I. ANIMALS — IMPOUNDING AND SALE OF. 398. Penalty for running at large.] 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 corporate limits of the city of Springfield; and an} r 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 subject to a penalty of one dollar for each and every animal so permitted to run or go at large, together with the fees for im- pounding, and the expense of sustenance for such animal or animals, when impounded, as hereinafter provided. 399. Police to impound.] 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 afore- said 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 pur- pose by the superintendent of police, under the direction of the mayor and police committee. 400. Any person damaged may impound.] Any person in- convenienced or injured, or who may be in danger of being in- jured, either in his person or property, by reason of the unlawful running at large in the city of any animal hereinbefore men- tioned, may take and drive such animal to the city pound, and IMPOUNDING AND SALE OF ANIMALS. 449 it shall be the duty of the pound-keeper to receive and impound the same. 401. Pound keeper — by whom appointed.] The superin- tendent of police is hereby authorized to appoint, with the ap- proval of the mayor, a suitable deputy, 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 superintendent might or could do in the premises ; but said superintendent shall be held responsible for the acts and doings of such deputy. He may also appoint, from time to time, at his own cost and responsibility, such limited number of assistants as he shall deem necessary, to aid him in enforcing the provisions of this article. 402. Food, etc. — by whom furnished — cost to be paid.] The superintendent of police shall provide suitable and neces- sary 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 superin- tendent or pound-keeper, before any such animal shall be re- leased from the pound. 403. Duties of officer or pound-keeper when animals im- pounded — warrant, etc.] When any animal or animals shall have been impounded 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 com- plaint, in writing, before some police magistrate or justice of the peace of the city, giving a general description of the animal or animals impounded, the date of such impounding, 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 animals, for permitting thc- same to run at large in violation of the provisions of this article ; and upon the return of the warrant duly executed, or the de- fendent appearing in court, like proceedings shall be had as in other cases for the recovery of fines or penalties under the ordi- nances; and if the defendant is found guilty, judgment shall 450 GENERAL ORDINANCES OF CITY. 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. 404. When owner is unknown — notice — form of notice.] When the owner of any animal impounded is unknown, com- plaint 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 magistrate, before whom such complaint is made, shall issue a notice in substance as fol- lows : POUND NOTICE. Whereas , 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 19 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 19 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. 19 P. M. or J. P. [seal] 405. Duties in posting notices.] 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. 406. Proceedings — manner of.] The justice or police magis- trate 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 section hereof, like proceedings shall be had as in the case of personal service or appearance. 407. May try by jury.] 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. IMPOUNDING AND SALE OF ANIMALS. 451 408. Judgment — order of sale, etc., to whom issued.] Upon the rendition of any judgment, as provided in the last three pre- ceding sections hereof, the magistrate rendering the same shall issue to the superintendent of police an order of sale, which shall be substantially in the following form, to-wit : The People of the State of Illinois, > ,,- City of Springfield, ] To Superintendent of Police. We command you, that of the following described goods and chattels, to-wit: [here describe the animal], the property of you make the sum of dollars and cents debt, and dollars and cents costs, which 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. 19 P. M.orJ. 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. 409. Notice of sale posted — form of notice.] 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 335 of this article, which notices may be in substance as follows : POUND NOTICE. Taken up and impounded in the city pound of the Cify of Springfield, at [here state the place of the pound], the following described animal or animals, [here describe the same], 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. 19 Superintendent of Police. 410. Shall sell according to notice unless redeemed.] 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 be- longing to different owners shall be sold separately. 411. May adjourn sale — officer not to purchase — penalty.] Said superintendent may, from want of bidders, or other suf- ficient cause, adjourn any such sale from day to day, until the same shall be completed. If he shall sell any animal without giv- 452 GENERAL ORDINANCES OF CITY. ing the notice above prescribed, or if he shall purchase any ani- mal at his own sale, he shall, in either case, incur a penalty of not less than ten dollars nor more than one hundred dollars. 412. Shall keep record — make monthly report — shall pay to treasurer.] The superintendent of police shall keep, or cause to be kept a suitable book, in which he shall record a brief de- scription of all animals impounded, with the date of the im- pounding 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, im- pounding, sustenance and sale of such animals, and the treas- urer shall receipt for the same and keep an account thereof. 413. Ownership proved after sale — surplus, owner entitled to upon proof.] 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 been paid into the treasury, as provided in the last preced- ing section, the owner of the animal or animals 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 proper committee thereof, satisfactory proof of his ownership, together with the certificate of the superintend- ent of police of the amount of such surplus. 414. Breaking open or preventing impounding — penalty for.] 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, ob- struct, hinder or delay the superintendent of police, or any of his assistants, while taking or driving to the city pound any animal found unlawfully at large, within said city ; or who shall in any manner attempt to prevent the impounding of such' ani- DOGS. 453 mal, shall, upon conviction be fined not less than five dollars nor more than one hundred dollars for each offense. 415. Animals not to be taken from outside the city or from enclosures — penalty.] 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. 416 Animals or teams after 12 at night.] 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 author- ized to take such animal or team to the city pound, or other safe place, to be there kept and supplied with necessary suste- nance, 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. 417. Register of — when and by whom made.] 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, ap- ply 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 “R,” and the year when issued, which checks shall be securely attached by the owner to the col- lar of his dog. 418. Running at large forbidden — tags, muzzles, etc., dog pound.] All dogs running at large in said city between the first day of June and the last day of September, without such check or tag, or unmuzzled, contrary to the provisions of this article, are hereby declared a nuisance, and shall be destroyed 454 GENERAL ORDINANCES OF CITY. by the superintendent of police or any police officer, or any per- son employed by the superintendent of police, or such dogs may be taken up by said superintendent of police, police officer, or person employed by the superintendent of police, and placed in the pound provided for that purpose by said superintendent, to be known as the “dog pound,” and shall be kept therein for twenty-four hours during which time the owner of any dog so impounded may have the same released by paying one dollar in addition to the cost of a check or tag, provided for in sec- tion 417 and agreeing to muzzle the same, provided any dog so released may again be impounded or destroyed if found running at large in violation of this article. All dogs impounded if not released within twenty-four hours as herein specified shall be removed by the superintendent of police or some person by him appointed, beyond the city limits and destroyed. [As amended July 7, 1890. 419. Superintendent of police, authority of — penalty for re- sisting.] The superintendent of police is hereby authorized to employ one or more competent assistants, as he may deem necessar}^, 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 re- sist, 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. 420. Monthly reports to council, etc. — to pay over surplus.] Said superintendent shall report to the city council monthly, in writing, under oath, the number of dogs registered 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. 421. Dogs to be confined when danger of hydrophobia.] Whenever danger from hydrophobia shall be deemed to exist within said city, the mayor may, by proclamation or notice DOGS. 455 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. 422. Dogs running at large to be destroyed — penalty to owner.] All dogs found running at large in said city contrary to the provisions of this article, whether owned or kept within or without the city, shall be destroyed by the superintendent 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. 423. Registered dogs not to be impounded — penalty.] 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 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. 424. Owner liable for dangerous dog — penalty.] Any owner or keeper of a fierce or dangerous dog, who shall know- ingly permit or allow the same to run at large, whether regis- tered 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 destroy such dog. 425. Female dog in heat— penalty for running at large.] Any owner or keeper of any bitch, who shall knowingly permit or allow the same to run at large while in heat, whether she be registered and checked as aforesaid or not, shall, upon convic- tion, be fined not less than five dollars nor more than twenty- five dollars for every such offense. GENERAL ORDINANCES OF CITY. 450 Article III. OTHER PROVISIONS RELATING TO ANIMALS. 426. Cruelty to animals — penalty.] Whoever shall, within the city of Springfield, inhumanly, cruelly or unnecessarily beat, abuse, or otherwise maltreat any dumb animal, or shall over- load or overdrive any horse or mule, or any team, shall be sub- ject to a penalty of not less than three dollars nor more than fifty dollars for each and every offense. 427. Failure to feed, etc. — penalty.] Whoever shall, in said city, inhumanly or unnecessarily 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 penalty of one dollar for each day, after conviction, that such offense shall be continued. 428. Vicious or mischievous animals not to run at large — penalty.] 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 per- son, or the injury or damage of any property, shall be subject to a fine of not less than five dollars nor exceeding fifty dollars. 429. Removal of dead animals — license.] Any person or persons desiring to remove any dead mule, cow, dog, hog, sheep or other like animal from within the limits of the city of Spring- field, or shall desire to carry, haul, or convey any such dead animal over or along the streets or alleys of the city of Spring- field, shall pay a license fee of twenty-five dollars per year in advance, and it shall be unlawful for any person or persons to remove said dead animals as aforesaid or to carry or convey the same along the streets and alleys of the city of Springfield, with- out having first paid the said license fee and obtaining a license therefor. 430. To be conveyed in covered wagons.] All dead animals which shall be removed from within the limits of the city of Springfield, shall be hauled or conveyed in a covered wagon in such a manner that they shall be concealed from public view. No person shall remove the skin from any dead horse, mule, cow, dog, sheep or other like animal within the limits of the city of Springfield. OTHER PROVISIONS RELATING TO* ANIMALS. 457 431. To notify chief of police within four hours after death.] Any person who may have any dead cow, horse, mule, dog, hog, sheep or any other like animal shall within four hours after the death of such animal, notify the chief of police where said ani- mal is to be found, and he shall immediately order said animal to be removed by the proper authorities. 432. Violation — penalty.] Any person or persons, violating any of the sections of this ordinace shall be subject to a fine of not less than five dollars, nor more than twenty-five dollars for each and every offense. [Passed April 16, 1900. 458 GENERAL ORDINANCES OF CITY. CHAPTER XII. ELECTIONS. Article I. General Provisions Respecting Elections. II. Contesting Election of Aldermen. III. Election Precincts for Capital Township. Article I. GENERAL PROVISIONS RESPECTING ELECTIONS. 433. General city election — when held.] 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 Tues- day of April in each year,* at such places in the several wards of said city, as may be designated by the city council. 434. Clerk to give notice.] The city clerk shall give notice of such election by publishing an advertisement in some news- paper 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. 435. Special elections — notice of.] 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 con- ducted in like manner, as is required in the case of regular an- nual elections. 436. Judges and clerks — how appointed.] 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 respect- PROVISIONS RESPECTING ELECTIONS. 459 ively 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 superintendent 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. 437. Vacancies — how filled.] 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 open- ing 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 election : Provided , that all the judges shall not, in any case, be appointed or chosen from the same political party. 438. Disability after entering on duty — how remedied.] 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 en- tering upon his duties, by sickness 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. 439. Council to furnish ballot boxes, books, etc.] 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 expense of fjie 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. 4G0 GENERAL ORDINANCES OF CITY. 440. Time of opening and closing polls.] The polls shall be opened at the hour of seven o’clock in the morning, and con- tinued open until five 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 seven o’clock in the morning, or if it shall be necessary for the electors present to appoint judges to conduct 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. 441. Proclamation on opening and closing.] Upon open- ing the polls, one of the judges or clerks shall make procla- mation of the fact, and at least thirty minutes before the clos- ing of the same, proclamation shall be made in like manner, that the polls will be closed in half an hour. 442. Manner of conducting.] The manner of conducting and voting at such elections, 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. 443. Returns — canvass.] After the closing of the polls, the ballots shall be counted, and the returns made out and re- turned, under seal, to the city clerk within two days after the election; and thereupon the city council shall meet and examine and canvass said returns, and declare the result of the election, and cause a statement thereof to be entered upon the journal of their proceedings. See section 27, laws 1891. 444. Tie vote — how determined.] 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 per- sons 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 writ- ten the name of the office shall be declared elected to the office. CONTESTING ELECTION OF ALDERMEN. 461 If any candidate shall be absent, or shall refuse to draw a bal- lot, the city council shall appoint one of their number to draw for such candidate. 445. Clerk shall notify parties elected or appointed.] It shall be the duty of the city clerk, within five days after the re- sult of any election is declared or appointment made by the city council, to notify, in writing, all persons elected or ap- pointed 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. 446. Failure to elect — new election called.] If, at any elec- tion, 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 ineligible to the office because of any legal disqualification, the city council may forthwith order and call a new election therefor. 447. Police to attend — judges may order arrests.] The members of the police force of the city shall attend at all elec- tions, for the purpose of preserving order and keeping the peace ; and the judges of election may command any police officer in at- tendance to arrest any person who shall disturb the peace, or be guilty of any riotious or disorderly conduct about the polls. Article II. CONTESTING ELECTION OF ALDERMEN. 448. Contest decided by council.] The election of any alderman may be contested by any elector of the city of Spring- field, 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 de- cision thereon shall be final. 449. Notice of contest.] 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 statement in writing, briefly setting forth the points on which he will contest such election, which statement shall be verified by affidavit. GENERAL ORDINANCES OF CITY. 4G2 450. Contestant to serve copy.] Upon filing such state- ment, 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 leav- ing a copy of the statement at his usual place of residence. 451. Council to fix time for taking depositions — manner, etc.] 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 pro- ceed to take the testimony of any witness, in the manner and as provided by law for taking depositions to be used in cases in chancery, before any judge, justice of the peace, master in chan- cery, or notary public, at the time and place so fixed, and con- tinue the same from day to day thereafter, until all the testi- mony shall have been taken. 452. Proofs to be filed with clerk.] 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 coun- cil 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. 453. Clerk to lay proof before council — council to examine and declare result.] 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. 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. 454. Ballots may be opened and counted.] In all cases of contested elections, the parties thereto shall be entitled to have ELECTION PRECINCTS FOR CAPITAL TOWNSHIP. . 463 the package or packages of ballots, which have been returned to the city clerk pursuant to law, opened in the presence of a com- mittee 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 committee of three members appointed for that purpose. 455. Clerk to preserve ballots six months.] 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 burning, 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. 456. Election precincts.] The election precincts or districts for Capital township sh,all be the same in all respects as the sev- eral wards into which the city of Springfield is now, or may here- after be, divided by ordinance. 457. Voting places.] The voting places at the town elec- tions 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. 4G4 GENERAL ORDINANCES OF CITY. CHAPTER XIII. FEES AND SALARIES. Article I. Fees and Compensation of City Officers. II. Compensation of Persons Other than City Officers. Article I. FEES AND COMPENSATION OF CITY OFFICERS. 458. Salaries fixed by council.] 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 dur- ing the term for which any such officer was elected or appointed. 459. Salaries payable monthly.] 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 comptroller, and countersigned by the mayor. But no warrant shall be drawn in favor of any officer for the pay- ment of his salary, who may be in default or arrears with the city. 460. Compensation of aldermen.] The compensation of the aldermen of said city is hereby fixed at the sum of three dollars to each aldermen 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. 461. City weigher’s compensation.] 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 FEES AND COMPENSATION OF CITY OFFICERS. 465 shall be fifteen cents per draught or load, to be collected by the weigher at the time. 462. Salary of prison keeper fixed by ordinance — dieting prisoners — compensation.] The city prison keeper shall receive for his services such salary as is now or may hereafter be pro- vided 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 per- son to whom the same was supplied : Provided , that if any such person shall fail to pay such costs, and the same can not be col- lected of him, then the same shall be paid by the city. 463. Fees of police force to be paid into city treasury.] The fees of the superintendent of police and members 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 collectible, 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 ordi- nance. 464. Fees of superintendent of police.] 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. 466 GENERAL ORDINANCES OF CITY. 465. Fees for impounding animals.] 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— I ^or 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 without sale, except geese and suckling pigs, twenty cents. 466. Compensation for food, etc.] And for providing suita- ble food and drink for the animals so impounded, for each twenty- four hours that the same may be kept or impounded, respectively, the fees following: 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. 467. Fees for advertising and selling.] For advertising and selling any impounded animal, to satisfy any judgment against the owner or keeper thereof, the superintendent of po- lice or pound-keeper shall be entitled to receive the same fees as are allowed by the statutes of the State of Illinois to con- stables for advertising and selling property under execution. 468. To keep record of fees — semi-annual report.] 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, impounding and sale of animals. He shall also make out and return to the mayor and city council a semi-an- nual report thereof, on the first Monday in May and November FEES AND COMPENSATION OF CITY OFFICERS. 467 01 each year, which report shall be verified by affidavit, and shall show the manner in which said fees and emoluments accrued. 469. Fees of inspector of weights and measures.] The in- spector of weights and measures of the city shall be entitled to charge and receive fees as follows, to be paid by those* re- quiring 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 meas- ure, five cents. Seventh — For inspecting and stamping lineal measures, each yard, five cents : Provided , that 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 meas- ures, if done at the request of the owner. 470. Clerk’s fees.] 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 coun- cil 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 468 GENERAL ORDINANCES OF CITY each one hundred words, ten cents; and for certificates of au- thentication thereof, under the corporate seal, twenty-five cents. Fourth — For official certificates, with or without the corporate 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 cancelling each certificate, ten cents. Seventh — For issuing each permit (not including burial per- mits), 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 township, he shall be entitled to charge the same fees allowed by the laws of Illinois to other town clerks for like services. 471. Clerk to keep a record of all fees — semi-annual report.] 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 emoluments accrued. Article II. COMPENSATION OF PERSONS OTHER THAN CITY OFFICERS. 472. Judges and clerks of election — fees of.] Judges and clerks of elections, in the city of Springfield and Capital town- ship, 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. 473. Witnesses and jurors — fees of.] Witnesses and jurors attending or serving before any police magistrate or justice of COMPENSATION OF PERSONS NOT CITY OFFICERS. 469 the peace, in any suit or action for the recovery of any fine or penalty under the ordinances of said city, shall, in case judg- ment 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. 474. Charging unlawful fees — penalty.] Any officer or other person, entitled under the provisions 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. 470 GENERAL ORDINANCES OF Cm - . 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. 475. Limits defined.] All that portion of the city of Spring- field embraced wthin the following boundaries, to-wit: Begin- ning at the center of Mason street, at its intersection with First street, and running east on the center line of Mason street to the east line of Second street; thence east on the center line of Mason street, extended through Enos’ west addition to the city of Springfield, through Assessor’s sub-division, through John Taylor’s addition to the city of Springfield, through Ninian Ed- wards’s addition to the city of Springfield, to the center line of Mason street on the east line of Sixth street ; thence east on the center line of Mason street to Eleventh street; thence south on the center line of Eleventh street to the south line of Jackson street; thence west on the south line of Jackson street; thence west on the south line of Jackson street to the east line of Sixth street; thence west on the south line of Jackson street, extend- ed through P. P. Enos’ second addition to the city' of Spring- field, to Fifth street; thence west on the south line of Jackson street to the center of Second street ; thence north to the center of Monroe street; thence west on the center of Monroe street to the center of First street; thence north on the center line of First 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. [As amended July 7, 1890. THE FIRE LIMITS AND BUILDINGS THEREIN. 471 476. Kind of building* which may be erected — penalty for violation.] No building or part of any building shall here- after be erected within the aforesaid fire limits, except as here- inafter provided, unless all the outside walls and party walls thereof shall be built of brick, stone, iron or other fire-proof ma- terial, 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. 477. Walls — fire walls, roof — manner of constructing.] 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 building 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. 478. Roofs, gutters and cornices — of what material made — penalty.] 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 covered 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 cov- ered with fire-proof material, and shall be separated from the wooden cornices or other wooden part of any adjoining build- ing, jiy 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 sec- tion hereof, shall forfeit and pay a fine of not less than twenty dollars nor more than ©ne hundred dollars, for each and every offense. 472 GENERAL OHDJ NANCES OF CITY. 479. Balconies may be erected from front of buildings.] Owners of property within the fire limits of this city may erect balconies from the front of their buildings to the outside of the sidewalk upon presenting to the city council, plans of the proposed balcony and having same approved by the city council and receiving permission of the council to erect the same. 480. Not to be of combustible material.] No person shall erect any such balcony of wood or of any combustible material, and no such balcony shall be erected without the approval of the city council. Such balconies shall be supported at the outer edge of the sidewalk by metallic posts and no posts or supporters shall be placed at the street line at the building and the outside of the sidewalk. Such balconies shall be erected at least twelve feet above the sidewalk between the building and the curb. [Passed August 1, 1892. 481. Wooden buildings — how repaired, constructed, etc. — penalty for violation.] No wooden buildings, nor part of any wooden building, shall be erected, constructed, raised or enlarged, within the fire limits of said city; nor shall any wooden build- ing or part thereof, be removed from any place to another with- in said fire limits, nor be brought from without the fire limits into the same: Provided , that sheds with one or more sides open not exceeding twelve feet in height at the highest part thereof, and not occupying more than twelve by fourteen feet of ground space, and one shed only, to be erected on each twenty foot lot, and privies not exceeding six feet square and ten feet in heighth may be constructed of wood; and provided, further, that buildings built of wood and used for private dwelling houses exclusively, may be repaired and the roofs thereof recovered 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 such violation, f As amended February 4, 1895. 482. Wooden buildings — when damaged by fire, etc., not to be repaired or rebuilt.] No wooden building, within the fire limits, which may become damaged to the extent of fifty THE FIRE LIMITS AND BUILDINGS THEREIN. 473 per centum of the value thereof by fire, decay or otherwise, shall be repaired 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 higher 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 building, 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 com- mittee 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. 483. When declared a nuisance — marshal to order removal — penalty for violation.] Any wooden building or wooden part of any building, which may be erected, raised, enlarged, repaired or removed, or which may be in process of erection, raising, en- larging, repair or removal, within said fire limits, contrary 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, immedi- ately 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 comply with such notice within a reasonable time thereafter, the mayor shall, by an order in writing, re- quire the superintendent 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, be- fore any court of competent jurisdiction. 484. Lumber yards shall not be opened — penalty.] No lum- ber yard shall hereafter be opened or established within the fire limits of said city, under a penalty to the person or persons of- —17 474 GENERAL ORDINANCES OF CITY. fending 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 con- tinued. 485. Not more than twenty thousand feet of lumber kept for building at one time — penalty.] No carpenter, builder or other person shall keep on hand, within the fire limits, for manufacturing or building purposes, more than twenty thou- sand feet of lumber at one time, under a penalty of- not less than ten dollars nor more than one hundred dollars for each and every offense. 486. All lumber to be stacked or piled — penalty.] All per- sons having or keeping lumber on hand, whether within or with- out 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 combustible 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. 487. Ashes, offal and garbage to be kept in boxes or barrels — penalty.] Every owner or occupant of any building or premises, within the fire limits, shall provide and keep, at the rear of such buiding 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 rubbish that may be accumulated about such premises, so that the same shall not be thrown or deposited in or upon any im- proved street or alley adjacent thereto, under a penalty of one dollar for very day that such owner or occupant shall fail to comply with the requirements of this section, after notice to do so by the street superintendent or any police officer of said city. 488. Fire marshal to inspect.] 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, al- teration, repair or removal, within the fire limits aforesaid, and to enforce, or cause to be enforced, the provisions of this article in relation thereto. PERMITS FOR BUILDINGS WITHIN FIRE LIMITS. 475 Article II. PERMITS FOR BUILDINGS WITHIN FIRE LIMITS. 489. Permits for building.] 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 obtain- ing a permit therefor, in the manner hereinafter prescribed: Provided , that no permit shall be required for making ordinary repairs, either external or internal, which do not increase the size of such building or alter its condition as a fire risk. 490. Application filed with clerk — location and description of building.] 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 building 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 materials to be used therein, and the purpose for which such building is to be used. If the mayor shall find, upon examination, that the proposed build- ing, addition or alteration conforms to the ordinances in force at the time, he shall indorse his approval upon such applica- tion, and the clerk shall thereupon issue a permit to said appli- cant under the corporate seal, upon his giving bond as herein- after provided: Provided , that no permit shall at any time be issued for any building the outside walls of which shall be of corrugated iron, but all outer walls shall be of stone, brick or iron material their whole proper thickness. 491. Bond of applicant.] 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 sure- ties, to be approved by him, conditioned that said applicant 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 manner resulting from the occupancy or disturbance of any street, alley or sidewalk in said city, for the purpose of or in connection with the erection of such building, addition or alteration, by the person engaged therein, GENERAL ORDINANCES OE CITY. 470 or by any person or persons in his employ, and also to save and keej) the said city free from all such damages and costs as may be incurred in defending against such claims. 492. Penalties for violation.] 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 be subject to a further fine of ten dollars for every day he or they shall fail to comply with the requirements of this article, or shall continue in violation thereof. Article III. OTHER PROVISIONS RELATING TO BUILDINGS — FIRE ESCAPES. 493. Fire escapes, scuttles, etc. — penalty for failure to pro- vide.] The owner of any. building within the 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 lead- ing 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 very day, after the first conviction, that he shall fail or refuse to comply with the requirements of this section. 494. Chimneys — how built — penalty.] All chimneys or flues in and about any building or manufactory shall be built up from the ground, and smoothly plastered on the inside there- of 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 inser- tion of stove-pipes shall be made with an iron, stone or earthen- ware 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. Who- PROVISIONS RELATING TO BUILDINGS — FIRE ESCAPES. 477 ever shall erect, build or use any chimney or flue contrary to any requirements of this section, shall, on conviction, 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. 495. Stove-pipes to be fitted to flues — distance from wood — how secured — penalty.] 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 com- bustible material, by a double circle of tin, zinc or sheet-iron, connected with like metal, with holes through the connecting metal between the pipe and wood, or shall be otherwise pro- tected from danger by fire. All stoves, set up and used with- out 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 sec- tion, shall be subject to a penalty of not less than three dol- lars 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. 496. Accumulation of combustibles prohibited — penalty.] All mechanics, carpenters or other persons, using or occupy- ing shops or buildings within the city, where shavings or other like combustible materials are made or accumulated, 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 dangerous accumulation there- of. 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 fire-proof material. The pipe of such stove shall be carefully put up in the manner hereinbefore described; 478 GENERAL ORDINANCES OF CITY. 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 comply with, or shall violate any of the provisions of this section, shall, for each offense, be subject to a penalty of not less than three dollars nor more than twenty-five dollars. 497. Fire marshal shall inspect all buildings — may order buildings removed, or cause to be put in safe condition — to notify.] The fire marshal is hereby authorized 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 contig- uous 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 de- lay removed, abated or put in safe condition ; and upon the neg- lect or- refusal of such owner or occupant to comply with such notice, he shall be subject to a penalty of not less than three dollars nor more than fifty dollars, and each day of such neg- lect or refusal shall constitute a separate offense. And said fire marshal shall, without delay, cause such building or prem- ises to be put in safe condition; and the necessary cost and ex- pense 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. 498. Metallic fire escapes — where required.] 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 mar- shal, chairman of the committee on fire and water, and chairman PROVISIONS RELATING TO BUILDINGS — FIRE ESCAPES. 479 of the committee on public grounds and buildings, or a majority of them may, from time to time, elect and determine. 499. Notice to put up escapes.] After such election and determination shall have been made as aforesaid, it shall be the duty of the superintendent of police of said city, by notice in writing, served personally, or by copy left at their residence or place of business, to notify and require the owner or owners, agent or lessee, of any such building, or any of them, to cause such 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 buildings of more than two stories in height, used for manufacturing purposes, shall have one fire-escape for every twenty-five persons, or less number, employed above the second story thereof. 500. Eailure for 30 days — penalty for.] 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 sub- ject 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. 501. Erection of steam works prohibited within certain limits.] That no steam works or boilers shall hereafter be erected and operated, for the use of mills or other manufactur- ing establishments, within that portion of the fire limits of said city described as follows : Commencing at the intersec- tion 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. 502. Penalty.] Any person or persons violating the provis- ions of the foregoing section shall be subject to a fine of not less than twenty-five dollars nor more than one hundred dol- lars, and to a like penalty for each week thereafter that such 480 GENERAL ORDINANCES OF CITY. person or persons shall continue to erect or operate said steam works or boilers contrary to the provisions hereof. 503. Take effect from passage.] This ordinance shall take effect and be in force from and after its passage and due publi- cation. FIRES AND FIRE-WORKS. 481 CHAPTER XV. FIRES, FIRE-WORKS, GUNPOWDER AND OILS. Article I. Fires and Fire-works. II. Gunpowder and Other Explosives. III. Storage of Oils, etc. Article I. FIRES AND FIRE- WORKS. 504. False alarms — penalty.] Whoever shall, without reas- onable cause, by outcry or otherwise, make or circulate any false alarm of tire within the city of Springfield, shall be sub- ject to a penalty of not less than five dollars nor more than one hundred dollars. 505. Carrying live coals — penalty.] 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 exceeding five dollars for each offense. 506. Open lights — penalty. 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. 507. Kindling fire on pavements or sidewalks.] 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 crossing, shall be liable to a fine of 482 GENERAL ORDINANCES OF CITY. 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. 508. Lights near combustibles.] 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 man- ner 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. 509. Shall not make fire within 20 feet of building.] No person shall make, kindle or use any fire in any shed, or in any building not fire-proof, except in a secure fire-place or furnace, built for that purpose; nor shall make, kindle, or use any out- door 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 shall 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. 510. Shall not burn out chimneys.] No person shall set fire to, or burn out, any chimney or flue, except in the daytime, and when it may be raining, or when the roof of the house may be wet or covered 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 danger- ous accumulation of soot, under a penalty of not exceeding three dollars for each offense. 511. Boiling tar, pitch, etc.] 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. FIRES AND FIRE-WORKS. 483 512. Burning shavings in public places.] 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 public place within the city; nor shall any per- son, at any time, set fire to or burn any such combustible mate- rials within thirty feet of any building or other property likely to be endangered or damaged thereby, under a penalty, in either case, of not less than three dollars nor more than ten dollars. 513. Straw or shavings not to be strewn near any building.] No person shall strew, trail or leave any shavings, straw, or other like combustible materials, in, around or near any build- ing or other property, so as to endanger or be likely to en- danger, or damage the same in case of fire, under a penalty of not exceeding three dollars for each offense. 514. Hay and straw to be stored in building with metal or shingle roof.] No person shall stack or deposit more than one ton of straw or hay within said city except in a building pro- vided with a metal or shingle roof under a penalty of not less than ten dollars, and a further penalty of five dollars for each day the same may remain after notice by the fire marshal or any police officer to remove it. [As amended November 9, 1892. 515. Ashes not to be kept within ten feet of building.] No person shall keep or deposit any ashes in any building, or in any place within ten feet of any building, shed, fence, or other combustible property, unless within a secure and covered me- tallic, earthenware, or other fire-proof vessel, or in a fire-proof ash-house, under a penalty of not exceeding three dollars; and all soap-makers, and other persons using ashes for manufactur- ing purposes, in any wooden ash-house or .other wooden struc- ture, shall keep the same well dampened or saturated with water, under a penalty of three dollars. 516. Discharge of fire arms prohibited.] 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 pen- alty 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 pa- rade, and in accordance with the command of their command- 484 GENERAL ORDINANCES OF CITY. ing officer or by any officer or other person in the performance of any legal duty or lawful act, when the same may be done without endangering the safety of any person, or the injuring of any property, shall not be deemed violations hereof. 517. Child under eighteen not to have fire arms.] It shall be unlawful for any parent or guardian of any child under the age of eighteen, to permit, suffer or allow any such child to han- dle or have in his possession within the city of Springfield, any cannon, gun, pistol or any toy gun or toy cannon, or toy pistol or air gun or any other similar weapon, or any fire arm of any description which is a deadly weapon or which if discharged is of sufficient force or power to inflict bodily injury. Any such parent or guardian who shall violate the provisions of sec- tion 1 of this ordinance shall upon conviction be fined in any sum not less than ten dollars or more than twenty-five dollars. [Passed December 17, 1900. 518. Fire works and bonfires prohibited, except on 4th of July.] Whoever shall set off, 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. 519. Police to enforce.] 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. Article II. GUNPOWDER AND OTHER EXPLOSIVE MATERIALS. 520. Gunpowder — how stored.] Xo 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 GUNPOWDER AND OTHER EXPLOSIVE MATERIALS. 485 keep gunpowder for his own use, in any quantity not exceeding two pounds at one time. 521. Permits may be granted.] 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 gunpowder 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 gunpowder, 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. 522. Shall keep sign.] Each person or firm to whom a permit may be granted, shall keep a sign, with the words “Gun- powder for Sale,” in plain, legible letters thereon, in some con- spicuous 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. 523. Sell only in sealed cans by artificial light. ] No person shall sell or deliver any gunpowder, gun-cotton, camphene, or other like explosive substance or compound, by any fire, can- dle, lamp, gas or other light, unless in sealed cans, canisters or cases, under a penalty of three dollars for each offense. 524. Shall not carry to exceed two pounds, except in cans.] 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 negligent 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 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. 186 GENERAL OUDINANCES OF CITY. 525. Shall not carry concealed or falsely marked.] 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 gun- powder and marked or purporting to be other than gunpowder, shall be subject to a penalty of not less than ten dollars nor more than one hundred dollars. 526. Shall remove in case of fire.] Any person keeping gun- powder or other like explosive material in any building within the city, shall, in the event of such building taking fire, or be- ing in danger of taking fire from any other building adjacent thereto, immediately cause said gunpowder 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 mar- shal 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 fine of not less than ten dollars nor more than one hundred dollars. Article III. INFLAMMABLE AND COMBUSTIBLE OILS. 527. Amount of storage permitted.] No person, persons or corporation shall keep or store within the city of Springfield, any gasoline, coal oil, petroleum or any of its products in any greater quantity in one building than five barrels or tanks of fifty gallons each, without first obtaining a permit as herein- after provided. [As amended April 6, 1894. 528. Shall be kept in cellar.] Not more than one barrel or tank of fifty gallons each shall be allowed in any building, ex- cept all above one barrel shall be kept in a cellar; the floor of which shall be at least five feet below the grade of the adjacent street, unless it be a building kept under a permit. 529. Not stored on sidewalks.] No gasoline, coal oil or petroleum, or any of its products, shall be kept or stored in front of any building, nor on any street or alley, lot or side- walk, for a longer time than sufficient to receive in store or de- INFLAMMABLE AND COMBUSTIBLE OILS. 487 liver the same : Provided , such time shall never exceed twenty- four hours. 530. Council may grant permit.] If any person, persons or corporation shall desire to store or keep any gasoline, coal oil, petroleum, or any of its products in any greater quantity than two barrels or tanks of fifty gallons each, they shall ap- ply to the city council for a permit, under the regulations here- inafter provided. 531. Not more than 100 barrels allowed by permit — barrel- ing for shipment.] No permit shall be granted by the council, for the storage of any greater quantity, of said class of oil, than one hundred barrels or tanks of fifty gallons capacity, and not more than twenty-five barrels of gasoline, or any oil which will ignite or explode, at a temperature of less than one hundred and fifty degrees Fahrenheit shall be allowed among each one hundred barrels kept in store : Provided , that any person, per- sons, or corporation, doing business under a permit granted by the terms of this ordinance, shall have the right to bring oil to their place of business, from a point without the city, through pipes laid in the streets of the city, for the purpose of barrel- ing said oil for shipment, said pipes to be laid under the di- rection of the city engineer; and for that purpose receiving tanks necessary for said, business of barreling said oil, may be constructed and used on the premises, but at no time shall the amount of oil, upon said premises, exceed said quantity of one hundred barrels, or if gasoline twenty-five barrels, and at no time shall said tanks be used, except for immediate barreling, for shipment, and said receiving tanks shall be vapor tight, iron tanks, furnished with the latest improved safety valves, and the aggregate capacity of said receiving tanks shall not exceed one hundred barrels. 532. Application to be in writing.] All applications for permits shall be in writing, and shall state the place where it is proposed to store the oil, the character of the oil to be stored, and the quantity of each kind ; the size and character of the vats in which it is to be placed; the size and nature of construction and material of the building, in which it is to be kept. 533. Fire-proof buildings.] No permit shall be granted to store or keep such oils, unless it be in a fire-proof building de- GENERAL ORDINANCES OF CITY. 488 tached and clear from all other buildings, at least one hundred feet, and used exclusively for that purpose, with cellar at least five feet below the surface of the ground. The walls of such building shall be not less than sixteen feet higher than the sur- face of the adjacent street, and shall be of brick or stone, not less than thirteen inches thick for the first story, and not less than nine inches thick for any upper story, and the floor of said first story, and also the walls up to the surface of the ground, shall be grouted and water limed and made oil tight. 534. Buildings to be inspected by fire marshal. ] No permit shall be granted unless the proposed building shall have been inspected by the fire marshal of the city and said fire marshal shall have given his report, in writing, to the council upon the same; and it shall be the duty of said fire marshal to as often as once in each month, inspect all places to which permits are issued, and for this purpose he may, at any time, enter such buildings and pass all about and through them. 535. All permits issued by the city clerk.] Upon the grant- ing of the permit by the council, the clerk shall issue a written permit, stating the place where it may be kept, the kinds and amounts of each kind of oil which may be kept, the size and character of the receptacles in which it will be placed, and it shall provide that it is held and granted subject to all the ordi- nances of the city now in force, or to be hereafter adopted. 536. Empty barrels stored.] No person, persons or corpora- tion shall keep or store in or about their premises or buildings more than one hundred empty coal oil or gasoline barrels at any one time, and said barrels shall always be kept wholly with- in the inclosure of said premises, and so far as possible to do so within a building inclosed and furnished with metallic roof. 537. Penalty for violation.] Whoever shall violate any of the provisions of this article, shall, on conviction, be fined in a sum not less than twenty-five nor more than two hundred dol- lars, and in case of the conviction of a person holding a permit twice during one year the city council may at once revoke such permit. GENERAL PROVISIONS. 489 CHAPTER XVI. LIBRARIES AND READING ROOMS. Article I. General Provisions. II. Penalties, etc. Article I. GENERAL PROVISIONS. 538. Establishing.] There shall be established and main- tained in the city of Springfield, a public library and reading room for the nse and benefit of the inhabitants of said city, and such persons residing outside of said city as may desire to use the same upon the terms and conditions prescribed by the board of directors hereinafter provided for. 539. Council may levy tax.] The city council may, in each year, levy a tax not to exceed one mill on the dollar to be levied and collected in like manner with the general taxes of the city, and be known as the library fund. 540. Board of directors — how appointed — term of office.] The mayor of the city shall, with the approval of the city coun- cil, proceed to appoint a board of nine directors for said pub- lic library and reading room, to be chosen from the citizens at large with reference to their fitness for said office, but not more than one alderman shall be at any one time a member of said board. They shall hold office one third for one year, one third for two years, and one third for three years from the first day of July following their appointment; and at their first reg- ular meeting shall cast lots for their respective terms, and an- nually thereafter, the mayor shall before the first day of July of each year appoint as before three directors to take the place of the retiring directors, who shall hold office for three years and until their successors are appointed as aforesaid, and the mayor may, with the consent of the council, remove any 490 GENERAL 010)1 NANCES OF CITY. director for misconduct or neglect of duty. Vacancies in the board shall be filled as original appointments, and no director shall receive compensation as such. 541. Board to elect its officers — control and custody of build- ings, etc. — powers of board.] Said directors shall immediately after appointment meet and organize by the election of one of their number president, and by the election of such other officers as they may deem necessary ; they shall make and adopt such by- laws, rules and regulations for their own guidance, and for the government of the library and reading room, as they may deem expedient; they shall have exclusive control of all expen- ditures of money to the credit of the library fund, and of the construction of any library building, and the supervision, care and custody of the grounds, rooms or buildings constructed, leased or set apart for that purpose : Provided , that all moneys received for such library shall be deposited in the treasury of said city to the credit of the library fund, and shall be kept separate and apart from other moneys of said city, and drawn upon by the proper officers of said city upon the properly au- thenticated vouchers of the library board. Said board shall have power to purchase or lease grounds, to occupy, lease or erect an appropriate building or buildings for the use of said library, shall have power to appoint a suitable librarian and nec- essary assistants, fix their compensation and have the power of removal. They may accept any donations of money, books or property made by any person or corporation, or body of per- sons, and shall hold the same under the terms of the donation in trust for the purposes above set forth. 542. Board to make annual reports, etc.] The board of directors shall make, on or before the second 'Monday in June of each year, an annual report to the city council, stating the condition of their trust on the first day of June of that year, the various sums of money received from the library fund and other sources, how and for what purpose expended, the num- ber of books and periodicals on hand and all additions to the trust during the year, by purchase, gift or otherwise; the num- ber lost or missing, and the number loaned out and the kind, the number of visitors during the year and such other informa- tion as they may deem of interest, which report, so far as it PENALTIES. 491 relates to the receipt and expenditure of money, as well as to the number of books on hand, lost or missing and books purchased, shall be verified by affidavit. [Passed, 1886. Article II. PENALTIES, ETC. 543. Willful injury to property of.] Any person who shall willfully or maliciously cut, write upon, injure, deface, tear or destroy any book, newspaper, plate, picture or engraving, or statute belonging to the Springfield Public Library, shall be liable to a fine of not less than five dollars nor more than fifty dollars for every such offense. 544. Injury to grounds or buildings.] Any person who shall willfully or maliciously commit any injury to the grounds, buildings, or fixtures, or other property of the Springfield Pub- lic Library, shall be liable to a fine of not less than ten dollars nor more than one hundred dollars for every such offense. 545. Failure to return books, etc.] Any person who shall fail to return any book belonging to the Springfield Public Library, according to the requirements of the by-laws, rules and regulations, made and adopted by the directors of such library, for the government thereof shall be liable to a fine of not less than five dollars nor more than ten dollars for every such offense 492 GENERAL ORDINANCES OF CITY. CHAPTER XVII. 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. 546. Licenses.] It shall be unlawful for any person to be engaged in or to 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 there- for in the manner hereinafter provided. 547. Persons requiring license to register with clerk.] 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, occupa- tion or business, and the place where the latter is, or is to be carried on; and in the case of a company or firm, the names of the persons composing the same shall also be registered. 548. Copartnership under one license.] Any number of per- sons doing business in copartnership, 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 men- tioned, shall be conducted 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. 549. Amount of license fees.] 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 following, to- wit: LICENSES. 493 First — General auctioneers shall pay a license fee of two hun- dred dollars, and special auctioneers a fee of one hundred dollars. Second — Ball or pin-alley keepers shall pay ten dollars for each alley. Third — Bill posters shall pay a license fee for one year of twenty-five dollars. [Amended December 20, 1897. Fourth — 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 received for playing thereon, they shall pay five dollars for each table. Fifth — Brokers and money changers shall pay one hundred dollars. Sixth— Brokers of real estate shall pay twenty-five dollars. Seventh — Brewers and distillers shall each pay one hundred dollars. Eighth — Local agents for the sale of the goods or produce of foreign brewers or distillers shall each pay one hundred dollars. Ninth — Draymen and owners or drivers of job, express, trans- fer or transportation wagons, for hire, shall pay five dollars for each vehicle. Tenth — Exhibitors of natural or artificial curiosities, not herein otherwise provided for, shall pay for license at the rate of one dollar per day. Eleventh — Hackmen, and owners and drivers of hackney coaches and omnibuses shall pay five dollars for each and every vehicle : Provided , that the owners and drivers who are not residents of the city shall pay twenty-five dollars for each vehicle. [As amended April 21, 1896. , Twelfth — There shall be taxed and collected of and from persons engaged in or carrying on the business or occupation of hawking or peddling (except farmers or gardeners selling the produce of their farms or gardens) the sum of twenty-five dol- lars per year, or at that rate for any part of a year not less than one month (except that license to peddle fruits and vegetables shall not be issued for less than one year) : Provided, this shall 494 GENERAL ORDINANCES OF CITY. not apply to farmers and gardeners selling the products of their own farms or gardens. No license under this ordinance shall be assigned or transferred. Thirteenth — Horse or street railway companies shall pay $2.50 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. Fourteenth — All corporations, companies and associations not incorporated under the laws of the State of Illinois, and which are engaged in the city of Springfield in effecting fire insur- ance, shall pay to the city treasurer for the maintenance, and use and benefit, of the Springfield city fire department, two per cent of the gross receipts received by their agency in this city. Any person who shall act in this city as agent or otherwise, for or on behalf of any such corporation, company or associa- tion, shall, on or before the fifteenth day of July of each and every year, render to the city clerk, a full, true and just ac- count, verified by his oath of all the premiums which during the year ending on every first day of July preceding such re- port, shall have been received by him or any other person for him, in behalf of any such corporation, company or associa- tion, and shall specify in said reports the amounts received for fire insurance. Such agents shall also pay to the city treas- urer, at the time of rendering the aforesaid report, the amounts for which the corporations, companies or associations repre- sented by them are severally chargeable by virtue of this ordi- nance, and any person, company or corporation violating any of the provisions of this ordinance, or failing to comply with the requirements of the same, shall be subject to a penalty of not lesss than twenty-five dollars nor more than two hundred dol- lars, and to a like penalty for each day during which such vio- lation or failure shall continue. [As amended September 11, 1899. All monies paid to the city treasurer by such agents, for or on behalf of such corporations, companies or associations, shall be credited to the Springfield fire department fund and used for the maintenance, use and benefit, of said Springfield city fire department. [Passed July 1, 1895. LICENSES. 495 Fifteenth — Keepers of public scales shall pay twenty-five dol- lars. Sixteenth — Keepers of lumber yards shall pay twenty-five dollars. Seventeenth — Keepers of livery stables shall pay twenty dol- lars. Eighteenth — Keepers or ordinaries Or eating houses shall pay ten dollars. Ninteenth — Keepers of fruit, candy and pea-nut stands, on the sidewalk, shall pay fifty dollars. Twentieth — Keepers of shooting galleries, or places for tar- get shooting shall pay thirty-six dollars. Twenty-first — Keepers of second-hand stores shall pay fifty dollars. [As amended January 4, 1886. Twenty-second — Keepers of junk shops shall pay thirty dol- lars. Twenty-third^- All traveling junk dealers or persons going about the city buying or trading for old iron, copper, brass, rags, or other junk, shall pay an annual license fee of thirty- five dollars. Whoever shall carry on the business above specified in any form without first obtaining license therefor, shall, on conviction, be fined not less than ten nor more than fifty dol- lars. [As passed March 4, 1889. Twenty-fourth — Porters or runners shall pay ten dollars. Twenty-fifth — Pawnbrokers shall pay one hundred dollars. [As amended Dec. 8, 1884. Twenty-sixth — Retailers 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 gal- lon: Provided, that license may be issued to retailers of liquors or keepers of dram-shops at the rate aforesaid for the term of six months, commencing on the first day of January and the first day of July in each year. [As amended Dec. 8, 1884. Twenty-seventh — 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. 496 GENERAL ORDINANCES OF CITY. Twenty-eighth — Vendors of fresh meats and sausages of all kinds, except poultry, fish or venison or wild game, shall pay a license fee of twenty-five dollars per annum for each meat shop or place where such sausages or meats are sold, under a penalty of not less than five dollars nor more than two hun- dred dollars, for each and every offense. [Passed December 17, 1900. Twenty-ninth — Vendors or peddlers of milk, from wagons, shall pay five dollars for each vehicle. [See Sec. — . Thirtieth — Proprietors or managers of circular swings, merry- go-rounds, flying dutchmen, or other similar device not other- wise provided for, shall pay for license at the rates following: Five dollars for the first day and fifty cents for each day there- after. [Passed July 9, 1889. Thirty-first — Proprietors or keepers of roller skating rinks or skating halls shall pay a license fee of fifty dollars per year. [Passed January 4, 1886. 550. License fees — wdien due and payable.] All license fees, unless otherwise provided by ordinance, 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 imposed 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 pur- poses 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 Spring- field shall begin on the first day of January in each year, be- ginning January 1st, 1884. 551. Penalty for violation.] Whoever shall engage in, or carry on, any business, occupation or pursuit, required to be licensed under the provisions of this article, or by any ordi- nance 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, LICENSES. 497 that he shall continue any such business or occupation without being licensed. 552. Theatres, shows and amusements.] For the purpose of providing for the licensing and taxing of theatricals, shows, amusements and all public exhibitions for gain in a just and equitable manner, the same are hereby divided into four classes which shall be known as the first, second, third and fourth, as follows : First — All entertainments of a dramatic or operatic character, including lectures, public readings and recitations, and exhibi- tions of paintings and statuary, shall belong to and be known as entertainments of the first class. Second — Concerts or other musical entertainments, pano- ramas, performances of any feats of jugglery, slight of hand or necromancy, and exhibitions of any natural or artificial curiosities shall belong to and be known as entertainments of the second class. Third — Circuses, menageries, caravans, side shows and con- certs, minstrel* or musical entertainments given under a cover- ing of canvas, exhibitions of monsters, or freaks of nature, va- riety or minstrel shows, athletic, ball or similar games of sport and all other exhibitions, performances or entertainments not here numerated, given in a building or hall, or under canvas or other cover, or within any enclosure, shall belong to, and be known as entertainments of the third class. Fourth — All street shows, exhibitions and devices, such as bird shows, galvanic batteries, lifting machines, blowing and strik- ing machines, and all other exhibitions and performances or devices for the trial of strength, given, performed, or had upon or along any of the streets or’ public grounds of the city of Springfield, and all exhibitions or shows not included in the foregoing classes shall belong to and be known as entertain- ments or exhibitions of the fourth class. 553. Must obtain license — penalty.] No person or per- sons within the limits of the city shall give any of the enter- tainments mentioned in this ordinance for gain without a li- cense for that purpose, first had and obtained from the mayor under the seal of the city, under a penalty of not less than fifty 498 GENERAL ORDINANCES OF CITY. dollars and not exceeding two hundred dollars, for each and every violation of this section : Provided, however, that no li- cense charged for any entertainment of the first and second class given exclusively for charitable or benevolent purposes by societies of citizens of said city or by other persons not engaged in giving such entertainments as a business. 554. License must express for what it is granted — fees.] Each license shall express for what it is granted and the time it is to continue, and the following tax or license fee shall be imposed upon each license granted, as aforesaid, and paid to the city collector on the granting of such license, as follows, to-wit : First — For entertainments of the first class, ten dollars for each performance or exhibition. Second — For entertainments of the second class, ten dollars for every performance or exhibition. Third — For entertainments of the third class, the following sums : For each circus or circus and menagerie, one hundred dollars for each day; for each menagerie fifty dollars for each day; for each side show without any circus or menagerie, twenty-five dollars for each and every day of exhibition ; for each concert, musical or minstrel entertainment given under a cov- ering of canvas, ten dollars for each day: Provided, that for all licenses issued under this class where more than fifty cents admission is charged and where more than twenty-five cents is charged for a reserved seat in such circus or circus and menagerie or other entertainment, then the license fee shall be one thousand dollars; and provided, further, that no circus, or circus and menagerie, or entertainment under this class ex- hibiting outside the limits of the city of Springfield shall be allowed to parade upon and through the streets of the city of Springfield without first obtaining a license under this class. Fourth — For each variety or minstrel show, ten dollars for each day, and exhibitions of monsters or freaks of nature, and all other exhibitions, performances and entertainments not heretofore enumerated, given in a building, hall or under canvas or other covering, or within any enclosure the sum of twenty dollars for each week or part thereof, but if such exhibition shall LICENSES. 499 continue for a whole month or more, then at the rate of fifty dollars per month. Fifth — For shows or exhibitions of the fourth class, or any entertainments or other exhibition not herein before otherwise designated, ten dollars for each and every month or part thereof. 555. Mayor to determine class.] The mayor shall deter- mine in every case, where application for a license under this ordinance is made, the class to which the entertainment belongs, and the person or persons to whom the license may be granted shall pay the license tax or fee herein fixed for such license. 556. Halls and theatres — giving entertainments of first class.] The owner or lessee of any hall or theatre in whicn the entertainments of the first class are given shall, on payment of one hundred and fifty dollars to the city collector, have the occupants of his or their hall or theatre exempted from license for one year. 557. Giving entertainments of second class.] The owner or lessee of any hall or theater, museum or other building in which as a rule entertainments of the second class are given, on the payment of one hundred and fifty dollars to the city collector, shall have the occupants of his hall, theater or museum or other buildings exempted from license for one year. 558. Giving entertainments of third class.] The owner or lessee of any hall, theater, museum or other building in which, as a rule, variety, minstrel or other performances or exhibi- tions of the third class are given, on the payment of one hundred dollars, shall have the occupants of his or their hall, theater, museum or other building exempted from license for one year. 559. Lotteries, etc., not to be held out as inducement to visitors.] All licenses for entertainments where license is re- quired shall contain a promise that no gaming, raffle, lottery or chance distribution of money or articles of value shall be con- nected with or allowed by the person obtaining the license, or in any way permitted or held out as an inducement to visitors. When any person or persons shall be charged by a credible per- son with having violated the' provisions of his or her license, as aforesaid, the mayor of the city is directed to give the parties accused reasonable notice thereof and inquire into the truth of 500 GENERAL ORDINANCES OF CITY. said charge. And if the accusation be sustained, to his satis- faction, he may revoke the license of any person or persons, and every such person or persons so offending shall be subject to a penalty of one hundred dollars. 560. License to be obtained before exhibition.] It shall be the duty of every proprietor or lessee of any theater, hall or other building, where public entertainments are given, before he permits any person or persons to use the same for the pur- pose of giving any entertainment therein for gain, to obtain from the mayor the license herein required either in his own name or in the name of the person proposing to give such en- tertainment, under a penalty of fifty dollars, for each and every violation of this section. 561. Doors of halls, etc., to open out.] All persons own- ing, leasing, managing, or having charge of any church, theater, opera house, public hall or place of amuseipent in the city of Springfield, shall be required to have all doors leading to or from the same hung so as to open out therefrom. 562. Persons not to stand in lobby or on sidewalk.] It shall not be lawful for any person or persons to stand in the lobby or outer entrance of any licensed theater, hall, or other building, or on the sidewalk adjacent to, or within fifty feet of such entrance after a request to move on, made by the owner, lessee or any police officer, under a penalty of twenty-five dollars for each and every such offense. 563. Produce sold by railroad car lots to pay license — penalty.] No person shall sell or offer for sale, barter or ex- change any car load lot, or any less quantity of fruit, vegetables or farm produce, butter, cheese, eggs, game or poultry con- tained in any railroad car, or any railroad freight depot, ware- house or vehicles within the city of Springfield, without first obtaining license to engage in such business, under penalty of not less than twenty-five nor more than one hundred dollars for each offense; Provided , however , the provisions of this section shall not apply to any farmer, gardener, fruit or vine grower, engaged in selling the produce of his farm, garden, orchard or vineyard, nor to any local merchant having a storehouse and established place of business. LICENSES. 501 564. Itinerant merchants.] It shall not be lawful for any itinerant merchant or transient vendor of merchandise, either by himself or as a merchant or clerk for another, to set up, maintain, or carry on, or aid or assist in setting up, maintain- ing or carrying on within this city, any temporary store, or es- tablishment, or stand for the sale of or disposition at auction or otherwise of any stock of goods or wares or merchandise, without first having obtained a license for so doing, as here- after provided. 565. Application in writing.] Any itinerant merchant or transient vendor of merchandise or other like person wishing to set up, maintain or carry on any such temporary store, es- tablishment or stand, shall make written application therefor to the mayor, stating the nature and amount of such stock or lot of goods, wares or merchandise, the place to be occupied by him and the time he wishes to continue such store, establish- ment, stand or business, and upon the payment by such person into the city treasury of the license fee hereinafter mentioned together with the clerk’s fee of one dollar, said clerk shall issue to said person a license in due form for the time and place men- tioned in said application, which license shall be countersigned by the mayor. 566. License fees.] Before any person mentioned in sec- tions one and two of this ordinance shall be entitled to a license, he shall first pay a license fee of fifty dollars for the first week and twenty-five dollars for each succeeding week that he may desire to engage in such business. Provided , however , that no license shall be issued for less than one nor more than twelve weeks without renewal. 567. Penalty for violation.] Whoever shall violate any of the provisions or requirements of this ordinance, shall upon conviction, be fined in the sum of not less than fifty dollars nor more than two hundred dollars, and shall be subject to a like penalty for each and every day he shall continue such violation. 568. Subject to the ordinances of the city.] All persons who may be licensed under this ordinance shall be subject to and be governed by all general ordinances of said city now in force or that may hereafter be passed and in force in relation to said license or the business connected therewith. 502 GENERAL ORDINANCES OF CITY. 569. Terms defined.] The terms itinerant merchant and transient vendor of merchandise, as used herein, shall be con- strued to mean any person or persons not permanently transact- ing business within the city, or whose stock in trade shall not have been legally assessed for taxation in the regular annual assessment of other property in said city for State, county and city purposes. 570. Railroad ticket brokers to have license — penalty.] Any person who shall engage in the business of railroad ticket broker, within the city of Springfield, without first hav- ing obtained a license therefor, and complied with the pro- visions of this ordinance as hereinafter provided, shall upon con- viction, be fined in any sum not less than twenty-five dollars nor more than two hundred dollars for each offense. 571. License — how obtained — bond.] Any person desir- ing to engage in the business of a railroad ticket broker as aforesaid, shall make application in writing to the mayor there- for, and shall execute and file with the city clerk a bond to the city of Springfield, in the sum of five hundred dollars, with good and safe sureties, which bond shall provide that every ticket sold by such person shall be good and valid for the pur- pose for which it is sold, and that if not good, the person sell- ing such ticket will refund to the person purchasing such ticket the price paid therefor, together with all damages which may result from the sale of such void ticket; such person shall also, before engaging in said business, pay the sum of one hundred dollars for a license therefor,, which license shall be good for one year from the date of the issuing thereof, and no license shall be issued for a less period than one year. No person shall hawk and peddle railroad tickets upon the streets and side- walks of this city, but all such tickets shall be sold at regular and established places of business. 572. Posts and poles — license for.] Any person, firm or corporation, owning, controlling or occupying any post or pole over eight feet high, which may occupy any portion of any street, alley or sidewalk within the city of Springfield; said pole or post being used to support electric or other wires of whatsoever nature, or to support any sign or awning or display for the purpose of advertising, shall pay annually into the city LICENSES. 503 treasury the sum of one dollar for each such pole or post owned, controlled or occupied by said person, firm or corporation as a remuneration to the said city for the use of the portion or por- tions of the street, alley or sidewalk which said pole or post may occupy. 573. City electrician to keep record.] It shall be the duty of the city electrician to keep a record of all poles or posts here- inbefore described, and by whom said poles or posts may be owned, controlled or occupied, and said electrician shall an- nually transmit to the city comptroller a statement showing the number of poles or posts owned, controlled, or occupied by each person, firm or corporation, together with the total amount due the city by each said person, firm or corporation. The said comptroller shall upon the receipt of said statement proceed to collect such amount due from each said person, firm or cor- poration. 574. When owned jointly.] Where any pole or post may be owned, controlled or occupied jointly by two or more per- sons, firms or corporations, the full license hereinbefore pro- vided may be charged against either person, firm or corpora- tion owning or controlling or occupying the same. 575. License, when due.] The license hereinbefore pro- vided shall be due on the first day of September of each year. 576. Moneys collected, how divided.] Fifty per cent of all moneys collected under this ordinance must be converted into the city treasury to be used as a sinking fund and fifty, per cent into the general fund. 577. Penalty for violation.] Any person, firm or corpora- tion violating or refusing to comply with any of the provisions of this ordinance shall be subject to a penalty of not less than twenty-five dollars nor more than two hundred dollars and for like penalty for each day during which such violation shall continue. 578. Peanut slot machines.] Any person or persons de- siring to engage in the business of peanut vender on the street corners or placing or keeping on the street in front of his or their respective place of business what is known as a peanut slot machine shall pay a license fee of fifty dollars per year, GENERAL ORDINANCES OF CITY. 501 and it shall be unlawful for any person or persons to engage in the occupation of peanut vender or to place a peanut slot machine as above provided, without first having paid said li- cense fee and obtaining a license therefor : Provided, however, that said license may be granted for a period of thirty days upon the payment of four dollars license fee, together with a clerk’s fee of one dollar. Any person or persons violating this ordinance shall be subject to a 1 fine of not less than five dollars nor more than twenty-five dollars for each and every offense. Article IT. APPLICATION FOR LICENSE — HOW ISSUED — PAYMENT — FORM — BOND, WHIjjN REQUIRED — TRANSFER, ETC. 579. How issued.] Any person desiring a license for any purpose, under the ordinances of said city, shall make a written application therefor to the mayor, stating his name, the 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 appli- cation. 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 presen- tation to Tiim of a receipt from the city treasurer, showing pay- ment of the sum so specified and required, and upon filing the proper bond, approved by the mayor, the city clerk shall issue to the applicant a license for the purpose and time therein specified. 580. Form of license.] Licenses may be issued, as nearly as may be, in the following form: To all whom 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 com- plied with the ordinances of the city in this behalf, therefore, I mayor of the city of Springfield, for and on behalf of the people 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 if 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 LICENSES. 505 shall be valid for the period aforesaid, otherwise it may be annulled, revoked or forfeited, at the option of the mayor and city council, or in any other manner pro- vided by ordinance. In testimony whereof, I have hereunto set my hand, and caused the corporate seal of said city to be affixed, at the mayor’s office in said city of Springfield, this day of A. D. 19 ? Mayor. Attest: City Clerk. Countersigned and registered : City Comptroller. 581. Bond.] 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, as pro- vided in section 818; 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. 582. Approval of bond by mayor.] All such bonds shall be signed by at least two good and sufficient sureties, to be ap- proved by the mayor or city council, and be conditioned for the due observance of all ordinances of said city regulating or relating to any 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. 583. If the mayor declines to issue.] 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 communicate such application to the city council at the next ensuing regular or adjourned meeting thereof, for its action thereon. 584. No longer term than one year.] No license shall be granted for a longer term than on,e year, and all licenses, unless otherwise provided by ordinance, shall expire on the last day —18 GENERAL ORDINANCES OF CITY. , r )0(j of December next following 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. 585. Not transferable without consent — authorized for one location only.] 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 consent 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. 586. May assign by consent of mayor.] Any person or persons to whom a license is issued under any ordinance of the city council, may, with the permission 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, sur- render such license, and have a new license issued for the un- expired 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 apply- ing for such new license, shall give bond with sureties, which shall conform, as nearly as may be, to the bond upon which such assigned or surrendered license was issued. 587. Comptroller to keep record.] 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 LICENSES. 507 and date of the license, the amount paid therefor, and time of the expiration of the same. 588. Subject to all ordinances — mayor may revoke.] All licenses shall be subject to the ordinances which may be in force at the time of the issuing thereof, or which may be subse- quently 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 imposed thereby, and his license may be revoked in the discretion of the mayor, after written notice given; such revocation to be reported to the city council, and be subject to their approval. 589. To be kept posted up in place of business.] Every person to whom any license may be issued, under any ordinance of said city, shall forthwith place and keep the same conspicu- ously 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. 590. In case of death.] 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. 591. City clerk to keep register.] 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 preceding 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. GENERAL ORDINANCES OF CITY. 508 592. Clerk to notify when expired.] 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 si mil be given by the clerk immediately upon the expira- tion 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 license collector, 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. 593. Not delivered until fees paid.] No license shall be delivered to any person applying 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 pay- ment and the actual delivery of the same. 594. Police to enforce.] The license collector and mem- bers of the police force shall enforce all ordinances of said city in relation to licenses; and it is hereby made the duty of the superintendent of police and license collector to examine, 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. 595. License collector and inspector.] There shall at once be established in the city of Springfield the office of license collector and inspector. 596. Mayor to appoint — term of office.] The mayor with the advice and consent of the city council may upon the pas- sage of this ordinance appoint a license collector and inspector who shall hold his office until the first Monday in May, 1898, and until his successor is appointed and qualified, and the mayor may with the advice and consent of the city council an- nually hereafter on the first Monday in May each year, ap- point such officer for one year and until his successor is appointed and qualified. 597. Bond.] The license inspector and collector shall give bond in the sum of one thousand dollars conditioned for the faithful performance of his duties. LICENSES. 509 598. Duties.] It shall be the duty of the license collector and inspector to use his best endeavors to see that all persons in the city or who may come to the city who are carrying on any business, occupation or trade, for which a license is, or may be required under the ordinances of the city, procures a license, and it shall be his duty to institute proceedings against any person violating license ordinances. Said license collector and inspector shall have police power as a regular police patrol- man, under the ordinances of the city and law of the State. Said license collector and inspector shall be under the direction of the chief of police, and shall be placed upon the pay roll of the regular police force, and receive the same compensation as a regular patrolman. [Passed January 3, 1898. 510 GENERAL ORDINANCES OF CITY. CHAPTER XVIII. LIQUORS AND LIQUOR SELLERS. Article I. Retailers of Liquor. II. Saloon District. III. Wholesale Dealers in Liquors. IV. Permits to Pharmacists for Sale of Liquors. Article I. RETAILERS OF LIQUORS. 599. Retailing of liquor without license prohibited — pharmacists.] 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 gallon, 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 offense: Provided , that registered pharmacists or druggists, selling liquors in quantities less than one gallon, for purposes strictly medici- nal, mechanical, chemical and sacramental, under permits duly issued by the city, shall not be deemed within the meaning of this section. 600. License — how obtained — bond.] Any person desiring a license to sell liquors by retail, as aforesaid, shall make ap- plication in writing to the mayor therefor, and produce evi- dence 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, conditioned 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 RETAILERS OF LIQUORS. 511 the sale of intoxicating liquors ; and he shall also give bond as provided in section five (5), of chapter forty- three (43), of the Revised 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 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 afore- said. 601. Mayor may revoke.] 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 regulating 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. 602. License shall be posted up in place of business — penalty.] 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 business; and any person so licensed who 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. 603. Minors shall not be employed — to whom liquor shall not be sold, etc.] No person licensed to sell liquor by retail, as hereinbefore provided, shall employ any minor as a clerk, bartender or servant in or about his saloon or place of busi- ness, nor shall in any way sell, deliver or give away any intox- icating, malt, vinous, mixed or fermented liquors to any idiot, insane or intoxicated person, or to any minor without the writ- ten order of his parent, guardian or family physician; nor shall harbor, entice or permit any minor, idiot, insane or in- toxicated 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. 512 GENERAL ORDINANCES OF CITY. 604. Loitering around saloon forbidden after notice is given.] 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 intoxicating or malt liquors are sold or kept for sale, after being notified by the proprietor or keeper thereof, or by any policeman, to quit the same, under a penalty in each case of not less than three dollars nor exceeding twenty-five dollars. 605. Drinking not permitted to excess or drunkenness.] 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 control, under a penalty of not less than three dollars nor more than twenty-five dollars for each offense. 606. When wife, etc., shall notify.] 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 sec- tion shall, for every such offense, be fined not less than ten dollars nor more than fifty dollars. 607. Loud or boisterous talking prohibited.] 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 disturbance 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 persons residing or doing business in the neighborhood thereof, under a penalty of not less than five dol- lars nor more than twenty-five dollars in each case. 608. Instrumental music prohibited. No instrumental music of any kind shall be played or produced in any saloon RETAILERS OF LIQUORS. 513 in this city. Any person violating the provisions of this_ sec- tion shall be subject to a fine of not less than ten dollars for each offense. [Passed March 2, 1891. 609. Keepers of saloons may make arrest. 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. 610. No gaming for money allowed.] No person licensed to retail liquors, under the provisions 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. 611. Disorderly house — penalty for keeping.] 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 in- toxicating drinks, or play with cards, dice, balls, or other articles used in gaming, is hereby 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 of keeping such disorderly house, be subject to a fine of twenty-five dollars, and on conviction for the second offeilse, he shall be fined not less than twenty-five dollars nor more than one hundred dollars, and his license shall be there- upon revoked. 612. Prisoners in custody shall not be supplied with liquor.] Any liquor dealer or other person who 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, GENERAL ORDINANCES OE CITY. 5 14 except upon the written prescription of some respectable physi- cian, shall, in either case, be liable to a fine of not less than five dollars nor more than twenty dollars. 613. Opening and closing of saloons.] 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 therein between said hours, under a penalty of not less than five dollars nor more than fifty dollars for each offense*. 614. Shall be closed on all election days.] No retailer of liquors, or keeper of any dram-shop or drinking saloon afore- said, shall, on any general or special election day, or day on which 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 intoxicat- ing, malt, vinous, mixed or fermented liquor whatever, or per- mit 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 dollars nor more than fifty dollars for each offense: Provided , that nothing in this section contained shall be held to apply to the keeping open of any saloon or dram-shop on any election day after the polls shall have been closed. 615. Copy of this article to be posted in saloon.] Every person licensed to retail liquors, or keep a saloon or dram-shop, under the provisions hereof, shall procure 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 fail to do so after being notified thereto, in writing, by the city clerk or superintendent of police. 616. Saloon defined.] Any room or place where, for any consideration, directly or indirectly paid or received, any in- toxicating, malt, vinous, mixed or fermented liquors are retailed by less quantity than one gallon, except in the case of druggists or pharmacists aforesaid, is hereby declared to be a saloon or dram-shop. SALOON DISTRICT. 515 617. Police to enforce.] 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 IT. SALOON DISTRICT. 618. Boundaries.] All that portion of the city of Spring- field, embraced within the following boundaries, to-wit: Be- ginning at the center line of Mason street, at Second street, and running east on the center line of Mason street to and in- cluding Tenth street ; thence south on Tenth street to the center line of Capitol avenue ; thence west on the center line of Capitol avenue to the center line of Second street; thence north on the center line of Second street to the place of beginning, be and the same is hereby designated as the “saloon district.” 619. Location of saloons to be approved by mayor.] The location of all saloons and the granting of licenses of said saloons in the above district is hereby vested in and with the approval of the mayor as according to ordinance now in force. 620. License not to issue for saloon outside, if petition against.] Whenever the location of a saloon is desired in the city of Springfield, outside of the proposed saloon district ap- plication for said license shall be made out in the usual way as heretofore and according to the ordinance now governing same : Provided , that no license shall be issued outside the dis- trict named and designated by this ordinance to any person or persons applying for same, if a petition against granting the said license shall be presented to the mayor, signed by a ma- jority of the property owners within three hundred and twenty feet each way from the location of said proposed saloon. 621. Application and petition to be referred to council.] Said application and petition must be referred to the city coun- cil for its action, and the granting of said license shall be de- termined by a majority, vote of all the members elected to said city council by an aye and a nay vote. 622. Fee for application.] The fee for said application shall be one dollar and shall be paid to the city clerk before ap- plication is made out. 516 GENERAL ORDINANCES OF CITY. Article III. WHOLESALE DEALERS IN LIQUORS. 623. Wholesale dealer must obtain license.] No person shall, within the city of Springfield, by himself, his agent, clerk or servant, sell, barter, exchange or deliver any intoxi- cating, 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 busi- ness of brewing ale or beer, or the business of distilling liquors, without obtaining a license therefor, in the manner provided by ordinance, under a penalty, in each case, of not less than ten dollars nor more than one hundred dollars. 624. Bond.] Any person desiring to take out a license for any of the purposes mentioned in the last preceding section hereof, 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 busi- ness, which are or 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 en- titled to receive a license in due form. 625. Liquors drank as a beverage in wholesale house pro- hibited.] 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 himself, his agent, clerk or servant, sell or give away to any person 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 effense. Article IV. PERMITS TO PHARMACISTS FOR SALE OF LIQUORS — HOW GRANTED. 626. Permits to pharmacists granted.] No pharmacist or druggist shall, within the city of Springfield, by himself, his PERMITS TO PHARMACISTS FOR SALE OF LIQUORS. 517 clerk, agent or servant, sell, barter, exchange, or give away, any intoxicating, malt, vinous, mixed or fermented liquor whatever, without first obtaining a permit for such purpose, in the man- ner hereinafter provided, under a penalty of not less than ten dollars nor more than two hundred dollars for each and every offense. 627. Application for permit.] 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 Eevised Statutes of Illinois, of 1874, by any regis- tered pharmacist or druggist, doing business within said city, the mayor shall be authorized to grant to such applicant a per- mit to sell intoxicating, malt, vinous, mixed or fermented liquors, in quantities less than one gallon,- but for medicinal, mechanical, chemical and sacramental purposes only. 628. By whom permit issued.] 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 authorizes 'the holder to sell liquors for medicinal, me- chanical, 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 during the period of such permit, in relation to intoxicating liquors. 629. Not longer than one year.] No permit granted under the provisions of this article shall be for a longer term than one year, and all such permits shall expire on the last day of Decem- ber in each year, after their issuance. 630. Not to be drank in place of business.] No pharma- cist or druggist shall, by virtue- of such permit, or otherwise, sell or give away, any intoxicating, malt, vinous, mixed or fer- mented liquor, to be used or drank 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 ar- ticle; and every pharmacist or druggist who shall, by himself, GENERAL ORDINANCES OE CITY. 518 his clerk, agent or servant, violate any provision of this sec- tion, shall, upon conviction, be fined not less than twenty dol- lars nor more than one hundred dollars for each offense. 631. Permits may be revoked by mayor.] 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 revocation shall be subject to the ap- proval of the city council. OFFENSES AFFECTING THE PUBLIC PEACE. 519 CHAPTER XIX. MISDEMEANORS. Article I. Offenses Affecting the Public Peace and Quiet. II. Offenses Against Public Morals and Decency. III. Offenses Affecting the Public Safety and Convenience. IV. Street Parades. V. Offenses Concerning Public and Private Property. VI. Offenses Relating to Sunday. VII. Offenses Relating to Vagrants and Paupers. * Article I. OFFENSES AFFECTING THE PUBLIC PEACE AND QUIET. 632. Assault — assault and battery. ] Whoever shall com- mit 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. 633. Disturbing the peace.] 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 fight or fighting, or any other disorderly conduct, shall, upon conviction, be fined not less than three dollars nor more than fifty dollars. 634. Challenge to fight — profane, obscene language.] 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 offending shall, upon conviction, be fined not less than three dollars nor more than twenty-five dollars for each offense. 635. Assemblies for unlawful purposes.] Any two or more persons who shall, within the city, assemble together for any GENERAL ORDINANCES OF CITY. 520 unlawful purpose, or who, being assembled, shall act in concert to do an unlawful act, with force and violence, against the prop- erty 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 than fifty dollars, and to a further fine of not less than five dollars nor more than fifty dollars, upon refusal to disperse after being requested to do so by any police or other city officer. 636. Owners of premises shall not knowingly permit un- lawful assemblies.] 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. 637. Disturbing religious worship.] Whoever shall, in said city, interrupt or disturb any congregation or assembly met for the purpose of religious worship, or for any lawful pur- pose, by making any loud or unusual noise, or by rude or inde- cent behavior, or by profane, obscene or improper discourse or conduct, shall, on conviction, be fined not less than five dollars nor more than fifty dollars. 638. Funeral procession. ] Whoever shall willfully interrupt or disturb any funeral procession or assembly, shall, on convic- tion, be fined not less than five dollars nor more than fifty dollars. 639. Conducting in a riotous manner.] Any person who shall conduct himself in a riotous or disorderly manner, or dis- turb the peace at any show or exhibition, theater or other place of amusement, or at any election poll, in said city, shall, on con- viction, be fined not less than three dollars nor more than fifty dollars for each offense. 640. Throwing of stones, etc., in public places.] 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. OFFENSES AGAINST MORALS AND DECENCY. 521 641. Climbing on vehicles while in motion.] 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. 642. Disturbing a lawful assemblage in the night.] 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 member of the police force, or by any person annoyed thereby, shall, upon conviction, be sever- ally fined not less than one dollar nor exceeding ten dollars. 643. Carrying concealed or dangerous weapons.] Whoever shall, within said city, wear or carry concealed about his per- son any pistol, revolver, slung-shot, metallic knuckles, bowie knife, dirk, razor, or other dangerous or deadly weapon; or who- ever shall display or flourish any such weapon in a boisterous or threatening manner, shall, on conviction, be fined not exceed- ing twenty-five dollars foil each offense: Provided , that the provisions of this section shall not be held to apply to any po- liceman, constable, 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. 644. Drunkenness.] Whoever shall be in a state of intoxica- tion or drunkenness in any public place, or place open to pub- lic view, within the city of Springfield ; or in any private house or place, to the annoyance of any person, shall, upon convic- tion, be fined not less than three dollars nor more than twenty- five dollars. GENERAL ORDINANCES OF CITY. 522 645. Language and conduct.] Whoever shall use any pro- fane or obscene language in any public place in said city, Loud enough to be overheard 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. 646. Indecent exposure of person — dress, etc.] Whoever shall, in said city, make any indecent exposure of his or her per- son, 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 indecent or lewd act, shall, upon conviction, be fined not less than five dollars nor more than fifty dollars for each offense. 647. Drawing pictures, etc. — exhibiting stallion, bull, etc.] 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 in- decently exhibit any stallion, bull, jackass, or other animal, except in ah 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. 648. Obscene publications — implements for immoral use.] Any person who shall bring or cause to b$ 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, illustration, model, cast, instrument or article of indecent or immoral use, or shall ad- vertise the same for sale or exhibition, shall, on conviction, be fined not less than ten dollars nor more than two hundred dol- lars for each offense. 649. Lewd plays or performances.] Whoever shall exhibit or perform, or assist in exhibiting or performing, in said city, any obscene, indecent or lewd play, or other such representation, or shall knowingly 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. OFFENSES AGAINST MORALS AND DECENCY. 523 650. Fighting dogs, cocks or other animals.] Any person who shall, within the city, keep or use, or be in any way con- nected 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 controlled 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* 651. Gambling house or rooms.] 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 gam- ing or playing for money or property, or shall knowingly per- mit any building or premises owned or controlled by him to be used for any such purpose ; or whoever shall keep or use, or per- mit to be used, in any building or place occupied, controlled or owned, by such person, any keno or faro table, wheel of for- tune, roulette, shuffle board, cards, or other instrument or de- vice, commonly used for the purpose of gaming, shall, upon con- viction, be fined not less than twenty-five dollars nor more than two hundred dollars for each offense. 652. Inmates of gaming house.] Whoever shall be an in- mate 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 thing at any game with cards, dice, billiards, or any other instrument or device what- soever; or whoever shall bet on any such game when played by others, shall, on conviction, be fined hot less than ten dollars nor more than one hundred dollars for each offense. 653. Games, etc., in public streets or places.] No person shall set up or expose in any of the streets, avenues or other public places, within the limits of 1 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. 654. Lottery prohibited.] Whoever shall, within said city, s.et up, run or maintain any lottery, or shall sell or dispose of GENERAL ORDINANCES OF CITY. 524 for gain any ticket, chance or share in any lottery, or shall sell or attempt to dispose of any article of property dependent upon any chance, by dice, lot, numbers, or other fraudulent de- vice, or sliall 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 con- viction, be fined not less than twenty dollars nor more than two hundred dollars for each offense. 655. Selling articles dependent upon chance or hazard.] Each and every sale or purchase, wherein any part of the ar- ticles 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 with- in the meaning of the provisions hereof, and as such to be un- lawful. 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 dollars for each offense. 656. House of ill-fame or assignation.] Whoever shall, within the city of Springfield, or within three miles of the outer boundaries thereof, keep or maintain, directly or indi- rectly, 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. 657. Owner shall not permit premises to be used for house of ill-fame, etc.] Whoever shall, within said city, or within three miles of the limits thereof, knowingly lease, let or per- mit any building or premises, owned by him or under his con- trol, 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 adultery, 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. OFFENSES affecting fublic safety. 525 658. Inmates of bawdy houses, etc.] Whoever shall be an inmate or occupant of, or shall frequent or be found in any bawdy house, house of ill-fame, or of assignation, or place used for the practice of fornication 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. 659. Enticing females to enter prohibited.] Whoever shall, within said : city, entice, influence or persuade any female to enter or frequent any bawdy house, house of ill-fame, or of as- signatipn, or place used for the practice of fornication or adul- tery; or whoever shall induce any minor to enter or frequent, or shall allow 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 dollars nor more than fifty dollars. 660. Facts shall be sufficiently proven.] 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 assigna- tion, 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-. 661. No person shall criminate him or herself.] 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 in- mate 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. 662. Speed of riding or driving in streets, etc.] 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 than 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 GENERAL ORDINANCES OF CITY. 520 attached thereto, shall come into collision with any other ani- mal 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. 663. Leaving teams unhitched.] Whoever shall leave any horse or mule, or any team attached to any vehicle, in any street, alley or other uninclosed 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. 664. All persons meeting, turn to the right.] In all cases of persons driving or 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. 665. Playing ball and flying kites prohibited.] No person shall play at ball, or raise or fly any kite, 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. 666. Games, exhibits, etc., on streets and sidewalks, pro- hibited.] No person shall engage in any game, sport or amuse- ment, or exhibit any animal or machine, or do anything else in the streets or upon the sidewalks of the city, which will have a tendency to frighten horses or interfere with teams and ve- hicles or persons passing along the streets or sidewalks, under a penalty of not less than one dollar nor more than twenty dol- lars for each offense. 667. Climbing on railroad cars, or street cars while in motion prohibited — employes may arrest.] It shall be unlawful for any boy or other person to play upon or about any railroad track, depot, locomotive or car within said 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 violat- ing any provision of this section, shall, upon conviction, be fined STREET PARADES. 527 not less than two dollars nor more than ten dollars for each of- fense. 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 violating the same. 668. Turning water from hydrant on a person.] Whoever shall willfully turn a stream of water from any fire-hose or hydrant upon any person, or upon any private premises, on the occasion of any exhibition or tournament, or otherwise, shall be liable to a fine of not less than three dollars nor more than twenty dollars. 669. Public buildings — doors to open outward.] 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, lecture rooms, town halls, hotels, or for any purpose whereby a collection of people may be assembled together for religious worship, amusement, instruction, or otherwise, shall be so built and constructed that all doors lead- ing 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, agen.t or trustee of any such building, who shall fail or refuse to comply with the require- ments of this section, shall, on conviction, be fined not less than one hundred dollars nor more than two hundred dollars. Article IV. STREET PARADES. 670. Parades — permits may be granted.] It shall be unlaw- ful for any society, band,, circus, theatrical organization, or collection of persons, to parade or march in, upon or along the streets or sidewalks of the city at any time of the day or night, without first obtaining from the mayor of the city, or, in case of his absence from the city, from the acting mayor, or super- 528 GENERAL ORDINANCES OF CITY. intendent of streets, a permit in writing for the same, which permit shall designate in and upon what streets the parade may pass, and the nature and character of the procession and the music to be used in the same. 671. Permit may be refused.] The official to whom applica- tion is made shall have power to issue, or refuse to issue such permit, as he may deem for the best interests of the city. 672. Penalty for violation.] Each and every person being in any procession or parade, for which no permit has been given, shall be fined, on conviction, not less than five nor more than fifty dollars: Provided , this ordinance shall not apply to funeral processions. [Passed June 11, 1889. Article V. OFFENSES CONCERNING PUBLIC AND PRIVATE PROPERTY. 673. Malicious or negligent destruction of property.] Who- ever shall willfully, maliciously or negligently break, deface, injure or destroy any property of the State, county or city, or any private propertj r , shall be subject to a fine of not less than five dollars nor exceeding one hundred dollars, and shall also be liable for the costs of repairing the injuries committed, which may be recovered by a separate suit. 674. Defacing or injuring trees, fences, gates, etc.] Any person who shall, within said city, cut, injure, remove or destroy any fruit, ornamental 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 orna- ment or utility, shall, on conviction, be fined not less than three dollars nor more than fifty dollars for each and every such offense. 675. Throwing of stones or other missiles.] ~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 OFFENSES CONCERNING PROPERTY. 529 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. 676. Posting of bills on buildings, walls, etc.] 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. 677. Breaking or defacing street lamps, telegraph poles or wire, etc.] Any person who shall willfully, maliciously or negligently 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 dol- lars nor more than fifty dollars for each offense, and shall also be liable for the cost and expense of repairing the injuries com- mitted, to be recovered by a separate suit in the name of the city. 678. Climbing or hitching horses to lamp-posts.] 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. 679. Breaking, defacing or removing lids of service-boxes for gas.] Whoever shall willfully or heedlessly break, deface, in- jure, 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. 680. Horses or other animals not to be fastened to trees, fences, etc., without consent of owner.] Whoever shall fasten GENERAL ORDINANCES OF CITY. 530 any horse, mule or other animal 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 con- sent 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. 681. Carriage stands to be designated by ordinance.] No owner or driver of any vehicle, for hire, shall make a regular stand or stopping place in front 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 con- tinued. 682. Corner marks or stones shall not be destroyed.] Any person who shall willfully or heedlessly change, remove or destroy any stone, stake or post, set or placed to mark the cor- ner 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. Article VI. OFFENSES RELATING TO SUNDAY. 683. Disturbing religious worship on Sunday.] Whoever shall, on Sunday, disturb the peace, or shall purposely or heed- lessly interrupt or annoy any congregation met for religious worship, or any lawful assemblage, within the city of Spring- field, shall, for each offense, be subject to a fine of not less than five dollars nor more than fifty dollars. 684. Games on Sunday prohibited.] No boy or other person shall, on Sunday, engage in or pursue any exercise, game or sport, calculated to disturb the peace and quiet of any citizen, or of any family, within said city, under a penalty of not ex- ceeding five dollars. 685. Billiard halls, pin alleys, ball grounds, shall be closed on Sunday.] Whoever shall, on Sunday, keep open any billiard room, ball or pin alley, base-ball grounds, or other such place OFFENSES RELATING TO SUNDAY. 531 of amusement, within the city, or shall suffer or permit persons to assemble therein for the purpose of play or amusement, shall, for each offense, be subject to a fine of not less than ten dollars nor more than fifty dollars. 686. Labor or occupation on Sunday prohibited, except as provided.] 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 conviction, be fined not less than ten dollars nor more than fifty dollars : Pro- vided, that this section shall not be applicable to persons who conscientiously observe some other day of the week as the Sab- bath; nor in cases of necessity or of charity; nor to hotels, eat- ing houses, drug stores, tobacco stores, barber shops, livery stables, or street cars. 687. All dram-shops and liquor saloons shall be closed on Sunday.] 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 fermented 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 belong- ing thereto or connected therewith, 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 of this section shall be deemed cause for revoking the license of the offender, if licensed. 688. No ordinary connected with saloon shall be open on Sunday.] No ordinary, belonging to or connected with any dram-shop, drinking saloon, or other place where intoxicating, 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 VII. OFFENSES RELATING TO VAGRANTS AND PAUPERS. 689. Vagrant defined — prostitute, street walker, etc.] Any person able to work and maintain himself or herself in some lawful calling, not having visible means of support, who shall live idly without employment and without any fixed place of abode, or shall stroll about the streets begging from house to house, or frequenting drinking saloons, gaming houses or bawdy houses, or shall otherwise lead an idle or profligate life; or any person upon whom shall be found any instrument or device for pigeon dropping, or for picking locks or pockets, or for the commission of burglary, or other device used by cheats and swindlers, without being able to give a good account of his or her possession of the same; or any person who shall trespass upon private premises in the night-time, or habitually sleep in out-houses, stables, lumber yards, railroad depots or cars; or any prostitute, bawd or lewd woman, or female inmate of a bawdy house or house of ill-fame, who shall be wandering about the streets plying her vocation, or visiting or staying about dram-shops or drinking Saloons; and all habitual night walkers, or persons loitering or strolling about the streets of the city at late or unusual hours of the night, without being able to give a good and satisfactory account for their so doing, shall be deemed vagrants within the meaning of this section, and shall, upon conviction, be fined not less than five dollars nor more than one hundred dollars in each case, or imprisoned in the city prison and work-house not exceeding six months. [As amended April 14, 1884. 690. Loafing or loitering.] Whoever shall, in this city, be found loafing or loitering at the corners of streets, or in the vicinity of any place of amusement, hotel or other business place or private premises, and shall refuse to disperse or vacate such place when requested to do so by any person in possession of any portion of the premises, who is annoyed or aggrieved thereby, or by any police officer, shall be deemed guilty of a misdemeanor and fined not less than three dollars. 691. Bringing, leaving or abetting paupers in city, pro- hibited.] Whoever shall knowingly send, bring or leave any OFFENSES RELATING TO VAGRANTS AND PAUPERS. 533 pauper in the city of Springfield, not belonging thereto, or shal] 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. GENERAL ORDINANCES OE CITY. 534 CHAPTER XX. 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. 692. When premises a nuisance — notice — penalty.] Any building or premises, or part thereof, within the city of Spring- field, 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 nuisance, 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 conviction, that he shall fail to abate such nuisance. 693. Nuisances — pig-pen — stable — penalty.] Any pig-pen, stable, or place in wdiich 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 occupant 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. • PENALTIES EOIt NUISANCES. 535 694. Nuisance — foul matter — penalty.] 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 filthy, foul or offensive matter or liquid 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 convicton be fined not less than three dollars nor more than twenty dollars for each offense. 695. Nuisance — stagnant water — penalty.] Any lot, ground or premises, within said city, upon which stagnant water 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. 696. Nuisance — notice to owner, etc. — to abate.] When any nuisance, or anything likely to become a nuisance, may be found upon any premises, and the person causing such nuisance is unknown or cannot be found, the owner, agent, or occupant of the premises, shall be notified by the health inspector, or any police officer, to abate the same, and if such 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. 697. Nuisance — weeds — penalty.] Any weeds, such as jimpson, burdock, ragweeds, thistles, cuckle-burrs or other weeds of like kind found growing on any lot, block, tract or parcel of land, situated along any street or avenue of the city of Springfield, shall be deemed to be a nuisance, and any owner, occupant or agent, of any said lot, block, tract or parcel of land, who shall neglect or refuse to abate such nuisance after five day’s notice to do so by superintendent of the streets or any 536 GENERAL ORDINANCES OF CITY. members of the police force, shall be subject to a fine of not less than three dollars and not more than twenty dollars, and to a further fine of one dollar for each day after the first conviction that he shall fail to obey such notice. [Passed Sept. 7, 1897. 698. Livery stable — gas works — paper mill, etc. — nuisance, when. ] 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 nauseous, foul or offensive, or to be in such a condition as to affect the health or comfort of persons in the vicinity thereof, 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. 699. Stock yards — nuisance — penalty — location.] Stock yards used and maintained wherein cattle, horses, sheep or swine are kept, received for sale, shipment, or for any other purpose, within one mile of the public square of said city are hereby de- clared a nuisance. Any person, persons, firm, or corporation, who shall maintain, keep or use stock yards, wherein are kept, received for sale, shipment, or for any other purpose, cattle, horses, sheep or swine, within one mile of the public square of said city, shall be subject to a fine of not less than twenty-five dollars nor more than two hundred dollars for each and every of- fense, and a like fine and penalty as above for every day there- after that said nuisances are continued. The location of pens within the corporate limits of the city of Springfield shall be made under the direction of the street and alley committee of. the city of Springfield. 700. Nuisance — slaughter houses, etc. — penalty.] Whoever shall, within said city, butcher or slaughter any cattle, sheep, swine, or other animals, or use any building 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 slaughtering or butchering stock, without obtaining the permission of the city council therefor, shall be deemed guilty of a nuisance; or whoever, having obtained per- PENALTIES FOR NUISANCES. 537 mission of the city council, shall conduct or carry on the busi- ness of slaughtering or butchering in such manner as to taint the air so that the same shall become offensive, annoying and unwholesome to the persons residing in the neighborhood there- of, shall be deemed guilty of a nuisance. Any person or persons causing or continuing any such nuisance, or failing to keep his or their premises in a clean and inoffensive condition, shall be subject 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. 701. Offal of tannery, soap factory, etc. — penalty.] Who- ever shall, within the limits of the city of Springfield, establish or maintain any tallow chandlery, tannery, 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 un- wholesome, or so as to affect the health or comfort of persons residing in the neighborhood thereof, shall be deemed guilty of a nuisance, 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. 702. Board of health to inspect slaughter houses, etc.] It shall be the duty of the board of health and of the superintend- ent of police, from time to time, and as often as 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 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. —19 GENERAL ORDINANCES OE CITY. 538 Article II. WHEN BUILDINGS, ETC., A NUISANCE — HOW ABATED. 703. Nuisance — building in danger of falling.] Any build- ing, or part thereof, within the city of Springfield, which shall be in danger of falling, or otherwise in such condition as to be unsafe for persons passing under or near the same, or resid- ing 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 he 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 proceed 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. 704. Nuisance — wooden building within fire limits.] Any wooden building, or wooden part of any building within the fire limits, which may be located within thirty feet of any adjacent building, and which shall be so dilapidated 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 building to remedy or abate such nuisance, and the owmer 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 super- intendent of police. 705. Nuisance — insecure scaffold, etc.] All scaffolds or other erections used in the erection or repair of any building, shall be made secure and sufficiently wide to insure the safety of persons working thereon or passing thereunder against the falling of the same, or of materials placed thereon. Any WHEN BUILDINGS A NUISANCE. 539 scaffold or other like erection which may be otherwise con- structed, shall be deemed a nuisance ; and whoever shall erect or use any such insecure 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 that he shall fail to remedy or abate the same. 706. Bill-board — when a nuisance.] Whenever a majority of the owners of the real estate upon any block in said city shall petition the city council to remove any bill-board or show-board, that may be erected on any part of said block, within thirty feet of the sidewalk, the city council shall thereupon declare said bill-board or show-board to be a nuisance, and shall direct the city clerk to notify the owner thereof to remove the same within ten days after it shall be declared a nuisance. [As passed July 5, 1886. 707. Penalty for not removing.] If the owner of said bill- board or show-board shall not remove the same within ten days after receiving said notice, he shall be subject to a penalty of five dollars for every day the said bill-board or show-board shall remain after the expiration of said ten days, to be recovered in the name^of the city in an action of debt. [As passed July 5, 1886. 708. Privies — when a nuisance.] Every tenement in said city used as a dwelling house, and every factory or other business building, shall be furnished 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 buildings, and shall be walled up with brick or stone, or curbed with two-inch plank, and shall be con- structed 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 provisions 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 GENERAL ORDINANCES OF CITY. 540 to a further tine of one dollar for every day thereafter that he shall fail to remedy said nuisance. 709. Privies — when a nuisance.] Whenever any privy or privy vault shall be kept or permitted to remain in such a con- dition as to become offensive or unwholesome to any person or persons in the vicinity thereof, the same shall be deemed a nui- sance; and any owner, occupant or agent 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 in- cur a further fine of one dollar for every day thereafter that lie shall allow such nuisance to continue. 710. Privy vaults — when to be emptied.] 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., nor shall the contents of the same be removed unless the person for whom the same is to be done, or his agent, shall first obtain from the superintendent of police a permit authorizing the same to be done, which permit shall give the name of the person applying for the same, the location of the premises and the scavenger who proposes to do the work. No scavenger, without such permit, nor unless he is named in the same, shall make such removal. The contents of such privy or vault shall be carefully removed at least one-half mile beyond the city limits. Any person vio- lating the provisions of this section shall, on conviction thereof, be fined not less than five dollars nor more than fifty dollars for each offense. [As amended June 19, 1888. 711. Nuisance — penalty for committing.] 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, which may affect the health, com- fort or convenience of persons 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 nui- sances not defined by or provided for in this chapter or ordi- nance, but which are known to and provided for by the Statutes of this State, are hereby declared to be nuisances, and may be proceeded against under the provisions of this section. GENERAL PROVISIONS. 541 CHAPTER XXI. OFFICERS. Article I. General Provisions. II. Removal of Officers. III. Oil Inspector’s Office. Article I. GENERAL PROVISIONS. 712. Officers — who are eligible.] No person shall be eligi- ble to any office under the city government who is not a quali- fied 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. 713. Officers shall take oath and give bond.] 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 of- ficers, except aldermen, shall execute a bond, with at least two good and sufficient sureties, 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. 714. Bond to be acknowledged and approved.] The execu- tion of such official bond shall be acknowledged by the officer and his sureties before some person authorized by law to take the acknowledgment of deeds, who shall make thereon a certifi- cate 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. GENERAL ORDINANCES OF CITY. 542 715. New bond to be given — when.] 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 insufficient. Any officer who shall fail to furnish additional security, or give a new bond, when so required by the city coun- cil, within ten days after he is notified in writing of such re- quirement, shall be deemed to have vacated his office. 716. Officer to be commissioned.] 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 cor- porate seal, signed by the clerk and the mayor, or the presid- ing officer of the city council. The mayor shall issue a certifi- cate of election to the clerk, under the seal of the corporation. 717. Form of commission.] 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 case 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, 1 have hereunto set my hand, and caused the corporate seal of said city to be affixed, this day of A. D. one thousand nine hundred and By the Mayor. Mayor. City Clerk. 718. Officers — when to report.] All officers of said city shall, in addition to the reports 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 depart- ments, and all matters therein touching the interests of the city ; and all such officers shall, when requested, give all the informa- tion in their power pertaining to their offices, to the mayor, the city council, or any committee thereof. GENERAL PROVISIONS. 543 719. Officers liable for negligence, etc.] All officers shall be liable to the city for all loss or damage that may result there- to from their negligence or willful 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 se- cure the corporation from loss. 720. Officer removing vacates his office.] 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 aldermen shall remove from the ward in and for which he was elected, his office shall thereby become vacant. 721. Officers shall apply for leave of absence.] 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. 722. Officer not to be interested in city work, etc.] 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 supervision ; 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. 723. Penalty for pretending to be an officer. ] Whoever shall falsely represent himself to be an officer of the city of Spring- field, 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 firemen of the city, shall be subject to a fine of not less than ten dollars nor more than one hundred dollars for each offense. 544 GENERAL ORDINANCES OF CITY. 724. Officer shall deliver to his successor all property, etc.] Any person having been an officer of said city shall, within five days after notification and request thereto, deliver to his succes- sor in office all property, books and effects of every description, in his possession or control, belonging to the city, or appertain- ing 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 dol- lars nor more than two hundred dollars, and shall also be liable in a separate suit for all damages caused by such neglect or re- fusal. Article IT. REMOVAL OF OFFICERS. 725. Officer — mayor shall have power to remove, etc.] 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 rea- sons 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 au- thorized 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. 726. Officer — when removed, shall not draw salary, etc.] No officer of the city, removed from office as aforesaid, shall draw or receive any salary from and after the date of such re- moval 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. 727. Officer — when charges preferred.] 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 OIL INSPECTOR. 545 or special committee of that body, whose duty it shall be to ex- amine and report as to whether such charge is well founded or not, and such committee may, when deemed necessary, be em- powered to send for persons and papers. 728. Officer — investigation of charges against.] It shall be the duty of the city clerk to issue summons, under the cor- porate 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 exe- cuted the same. Any person who shall neglect or refuse to ap- pear or testify when so summoned, or to produce any papers in his possession or under his control pertaining to any such in- vestigation by 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. 729. Officer — willful neglect of duty, etc.] If any city offi- cer, whether elected or appointed, shall willfully neglect or re- fuse to perform any duty required of him by the laws or ordi- nances of the city, shall,, at any time, willfully and corruptly be guilty of oppression, malfeasance or misfeasance in the dis- charge 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 provided by law in such case. Article III. OIL INSPECTOR. 730. Oil inspector — how and when appointed.] The mayor, by and with the advice and consent of the city council, shall apoint an oil inspector, who shall hold his office until the first Monday in [May, 1888, and on the first Monday in May, 1888, and annually thereafter, the mayor shall appoint an oil inspec- tor, who shall hold his office for the term of one year and until his successor is appointed and qualified. 546 GENEKAL OKDINANCES OF CITY. 731. Shall give bond — and take oath.] Such inspector shall, before entering upon the duties of his office, give bond in the sum of five thousand dollars, conditioned for the faithful per- formance of his duties, and payable to the city of Springfield, lie shall also take the path provided by law. 732. Duties.] He shall perform the duties prescribed for him by the laws of the State of Illinois, in relation to oil in- spection. j 733. Fees.] Such inspector shall receive, as his compensa- tion, the following fees, to be paid by the party desiring his services : For inspection of oil in single barrels, or lots of not more than five barrels, twenty-five cents per barrel. For inspect- ing oil in lots of more .than five and less than fifty barrels, ten cents per barrel. For inspecting oil in tanks or more than fifty barrels, or in lots of fifty barrels or over, three cents per barrel. [Passed October 11, 1887. ORDINANCES. 547 CHAPTER XXII. ORDINANCES. Article I. 734. To be recorded and indexed.] 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 in- dexed by their titles or subjects. 735. Clerk to preserve — may correct errors.] The city clerk shall file and carefully preserve the originals of all ordinances deposited in his office. He may correct any errors in the num- bering 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. 736. What ordinances shall be published.] 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 pub- lished 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 published: Provided , that nothing in this section con- tained shall be deemed to apply to any ordinance included in any revision or compilation of ordinances, which may be collec- tively published in book or pamphlet form, by authority of the city council. 737. Date of passage and publication to be recorded.] 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 ordinance (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. 548 GENERAL ORDINANCES OF CITY. 738. When ordinances shall take effect.] All ordinances of the city council, required to be published, shall take effect ten days after the due publication thereof; and all other ordi- nances, resolutions and orders shall take effect and be in force from and after their passage, unless otherwise therein provided. 739. Revised ordinances.] 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. 740. Repealed ordinance shall be in force until, etc.] When any ordinance or part thereof shall be repealed or modified by a subsequent ordinance, the ordinance or part thereof, so re- pealed or modified, shall continue in force until the taking effect of the ordinance repealing or modifying the same. Ho ordinance or part thereof, repealed by the city council, shall be deemed to be revived by the repeal of the repealing ordi- nance, unless it shall be therein so expressly provided. 741. No suit, etc. — to be released, etc., by repeal of ordi- nance.] Ho 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, dis- charged, or in anywise affected by the passage of such repealing or modifying ordinance; but the same may be prosecuted, re- covered, 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 re- peal. 742. Definition of terms, etc., in ordinance — what shall in- clude.] Whenever, in any ordinance, words importing the singular number are used in describing or referring to any per- son 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 ORDINANCES. 549 be named, described or referred to by words importing the mas- culine gender, or by general terms, females ^as well as males shall be deemed included in the meaning thereof ; and the words “per- son” or “persons,” 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 applicable to any ordinance which shall contain any express provision ex- cluding such construction, or where the context or subject mat- ter of such ordinance may be repugnant thereto. 743. Ordinances — how construed.] When the provisions of different ordinances, or of , the different chapters of any ordi- nance, conflict with or contravene 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 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. 744. “Court” and “month” and “oath” — how construed.] The word “court,”when used in any ordinance, shall be construed to mean any court of competent jurisdiction, 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. 745. “Reasonable” and “written” defined.] 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 compliance with such notice, and the words “written” and “in writing” shall be deemed to include printing. 746. Mayor and acting mayor, etc.] 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 550 GENERAL ORDINANCES OF CITY. 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. 747. Officers may elect under which ordinance, etc., to pro- ceed.] 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. 748. No fine to exceed $200.00.] Whenever a minimum but no maximum fine or penalty is imposed by ordinance, the court may, in its dicretion, 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. 749. General terms, etc., to be liberally construed.] All general provisions, terms, phrases and expressions, 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. STEAM RAILROADS. 551 CHAPTER XXIII. RAILROADS. Article I. Steam Railroads. II. Gates at Crossings. III. Horse or Street Railways. Article I. STEAM RAILROADS. 750. Track shall conform to grade — ditches and crossings to be kept in repair — penalty.] It shall he the duty of all rail- road companies or corporations 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 council 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 sur- face, so that they may be conveniently crossed at any place on such street or alley; and to make and keep open and in re- pair suitable ditches, drains, sewers and culverts along and under their respective railroad tracks, so that the natural drain- age 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 and crossings as to interfere as little as possible with ordinary travel over or upon the streets, avenues or alleys oc- cupied or used by them. Any such railroad company or cor- poration 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 superintendent of streets or city engineer, shall thereafter be subject to a fine of not less GENERAL ORDINANCES OF CITY. 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. 751. Railroad company to be notified to make crossing, etc. — penalty.] 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 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 corporation neglecting or refus- ing 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. 752. R. R. Co. failing to construct, etc., the city may con- struct, etc. — paving track, etc.] In the event of any railroad company or corporation failing or refusing to construct, alter or repair any crossing, culvert or bridge, when duly notified to do so, 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 company or corporation 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 corporation to pave all that portion of said street or alley included 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 de- fault 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 STEAM RAILROADS. 553 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 company 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. 753. Shall keep light and flagman at crossings — penalty.] Whenever any railroad company or corporation shall, in pur- suance 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 protec- tion of persons and property against injury at such crosssing, 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 lo- comotive engines or trains. Any railroad company or corpora- tion failing or refusing to comply with either of the require- ments 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 hundred dollars for each offense; and every day of such failure or refusal to comply shall be deemed a separate offense. 754. Not to obstruct street, etc., more than five minutes, except in case of accident.] No railroad company, railroad engineer, train conductor, or other person, shall obstruct or im- pede any street, alley, sidewalk, crossing, or other thorough- fare of said city, by stopping any train threon, or by leaving any locomotive engine, car or cars thereon for a longer time than five consecutive 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 GENERAL ORDINANCES OF CITY. 554 some unavoidable accident or emergency, beyond the control of such company or its agents, this section shall not apply. 755. Unnecessary whistling of locomotives.] No railroad engineer, fireman or other person, shall sound the whistle of any locomotive engine within this city, except necessary brake sig- nals, and such as may be absolutely necessary to avoid acci- dents, under a penalty not exceeding ten dollars for each effense. 756. Limit of speed.] No railroad company, or conductor, engineer, or other employe of such company, managing or con- trolling 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. 757. Bell to be rung — shall keep a light on moving trains — penalty.] 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, run- ning 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 conspicuous 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 cor- poration, or any agent or employe of such company or corpora- tion, who shall violate or fail to observe any of the require- ments of this section, shall incur a penalty of not less than five dollars nor more than one hundred dollars for each offense. 758. Shall not open cylinder cocks — provided, etc.] No railroad company or corporation shall cause or permit the cylin- der cock or cocks of any of their several locomotive engines to be 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 engine 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 GATES AT RAILWAY CROSSINGS. 555 the city, and for three revolutions of the driving wheel after being put in motion, the said cylinder cocks may be opened for the purpose of allowing condensed steam to escape. Article IT. GATES AT RAILWAY CROSSINGS. 759. Safety gates — where to be erected.] The railroad com- panies owning, using, leasing or operating railroad tracks along or upon Third street, at its crossings with Monroe street and Washington street, and along or upon Fifth street at its inter- section with Rafter street; also along or upon Tenth street at its crossings with Cook street and Washington street; also along or upon Madison street at its crossings with First street, Sec- ond street, Fifth street and Ninth street, shall erect, construct and maintain, at its own expense, upon each side of the rail- road track owned, used, leased or operated by Them, at either of the above mentioned street crossings, safety gates that will intercept travel across the track until raised or opened. 760. Watchman to be in charge of gates.] It shall be the duty of any railroad company owning, using, operating or leas- ing the railroad tracks at such crossings to have on duty, in charge of said gates, a competent person, w r ho shall, upon the approach of any car, ' locomotive or train to the street crossing, lower or close the gate, and keep the same lowered or closed until the car, locomotive or train is passed, and said gate-tender shall, by means of a flag in the daytime and a colored light at night, warn all teams or vehicles, of any nature, of the approach of any car, locomotive or train approaching in the direction of said crossing on the line of said railroad. 761. Penalty for neglect, refusal or violation.] For every violation of any of the provisions of the foregoing sections, the corporation or corporations, person or persons violating the same, shall be subject to a fine of not less than ten dollars nor more than two hundred dollars, to be recovered in any court of com- petent jurisdiction, and each three days said railroad com- panies fail, neglect or refuse to comply with the provisions of this ordinance, shall be held and taken to be a separate offense. GENERAL ORDINANCES OF CITY. 556 762. Arc lights at crossings.] The city council may place or cause to be placed, arc lights of two thousand nominal candle power at the following places on its streets and avenues, where the same are crossed by railroad tracks entering the city of Springfield, as follows : Tenth and Cook streets, Tenth and Edwards streets, Tenth and J ackson streets, Tenth and Capitol avenue, Tenth and Mon- roe, Tenth and Adams, Tenth and Washington, Tenth and Enos avenue, Tenth and Jefferson, Tenth and South Grand avenue, Tenth and Carpenter, Tenth and Miller, Fifteenth and Madison, Twelfth and Madison, Ninth and Madison, Seventh and Madi- son, Sixth and Madison, Fifth and Madison, Fourth and Madi- son, Second and Madison, Third and Madison, First and Madi- son, Rutledge and Madison streets, Eighth street and C. & A. crossing, Fourth street and C. & A. crossing, Carpenter and Third streets, Fifth and C. & A. crossing, Union and Third streets, Sixth street and C. & A. crossing, Jefferson and Third streets, Washington and Third streets, Adams and Third streets, Monroe and Third streets, Jackson and Third streets, Cook and Third streets, Douglas and Third streets, Scarritt and Third streets, South Grand avenue and Third street. 763. To pay cost of maintaining quarterly.] From and after October 1st, 1895, the owner or owners of each line of railroad crossing said streets or avenues at any of said points shall pay the treasurer of the city of Springfield the cost of maintaining the same, payment to be made quarterly. 764. Or keep flagman at crossings.] Any railroad company or corporation that shall fail or refuse to make such payments for a period of sixty days shall, at the request of the city coun- cil of the city of Springfield, evidenced by a certified copy of a resolution to that effect, being served on the nearest agent of such railroad company or corporation, within ten days after the service of such request, keep a wntchman or flagman at any such points for the protection of persons or property against injury at such crossings, both day and night, which watchman or flag- man shall at all times signal and warn persons traveling in the direction of the railroad crossing when there is danger of ap- proach of a locomotive engine or trains. HORSE OR STREET RAILROADS. 557 765. Penalty for neglect or refusal.] Any railroad company or corporation failing or refusing to comply with the require- ments of this section, after being duly notified as aforesaid, in writing, by the superintendent of streets or superintendent of police, shall thereafter be liable to a fine of not less than twenty-five dollars, nor more than one hundred dollars for each and every offense, and every day of such failure or refusal to comply shall be deemed a separate offense. 766. Arc lights at other crossings.] The Baltimore and Ohio Railroad Company and the Illinois Central Railroad Company shall place and maintain at their own expense, on or near their crossings at the intersection of East Grand avenue and Washington street, an arc light of 2,000 candle power. Said arc light to be lighted during each night in the year from sunset to sunrise. The Baltimore and Ohio Railroad Company and the Illinois Central Railroad Company shall place and maintain at their own expense, an arc light of 2,000 candle power, on or near their .crossing at the intersection of Fourteenth street and Madison street. Said arc light to be lighted during each night of the year from sunset to sunrise. The Wabash Railroad Company shall place and maintain at its own expense an arc light at or near its crossing on Enter- prise street between Tenth street and Eleventh street. 767. Notice — penalty for neglect or refusal.] The super- intendent of streets shall notify said railroad companies to place and maintain said lights as above specified, and said notice shall be in writing. Every railroad company herein named neglect- ing, failing, or refusing to place and maintain said lights in accordance with the provisions of this ordinance, 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. Article III. HORSE OR STREET RAILROADS. 768. Not to be located without consent of city, etc.] It shall be unlawful for any company or person to locate, con- GENERAL ORDINANCES OF CITY. 558 struct or use any track for any horse or street railroad, or tram- way, in, upon or along any street, avenue or alley of the city of Springfield, without obtaining the permission, authority and consent of the city council of said city, and except upon a peti- tion 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. 769. Tracks to conform to grade and to be paved or planked — penalty.] Every company or corporation now operating, or that may hereafter operate or maintain, any horse or street rail- way in, upon or through any street, avenue or thoroughfare 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 surface 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 neg- lecting or refusing to observe or comply with any of the fore- going provisions of this section within ten days, after 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. 770. Track to be paved with brick between the rails — out- side of rails to be paved with same kind of material used on the street.] That in the laying or re-laying of street railways on the paved streets of this city, the paving within the rails shall be paved with brick, wherever the streets of the city are now paved or may hereafter be paved: Provided , that the material to be used in paving the space on the outside of the rails, shall be the same kind used or to be used on the streets on which the tracks are now laid or may hereafter be laid, said paving to be HORSE OR STREET RAILROADS. 559 done under the direction of the mayor and superintendent of streets. [Passed October 30, 1890. 771. What kind of rail to be used.] No rails shall be here- after 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, except the tram rail, unless by permission of the city council granted by ordinance, and all rails 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 manner of constructing and laying such railroad tracks shall be under the supervision of the mayor and street superintendent. [As amended October 21, 1890. 772. Company to pay $2.50 per year for each car — penalty.] It shall be the duty of every person, company or corporation, engaged in the business of operating and running street cars for the conveyance of passengers upon any line of horse or street railway within the city of Springfield, on the first day of Jan- uary in each year, to apply for and obtain from said city a li- cense therefor, for which license every such person, company or corporation shall, at the time of making the application, pay into the city treasury the sum of two and one-half ($2.5-0) dol- lars for each car operated and run, or proposed to be operated and run, by such person, company or corporation during the year. Any person, company or corporation engaged in the occupation aforesaid, failing or refusing to take out a license therefor as above required, shall be subject to a fine of not less than five dollars nor more than one hundred dollars and every day of such failure or refusal to obtain such license shall be deemed a sepa- rate offense and violation of this section. 773. Street cars to have the right to their tracks, etc.] All horse or street railway cars, licensed as aforesaid, shall have the right to their tracks as against any person, team, vehicle or incumbrance, put, driven or being thereon with a view to de- lay 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 obstacle upon, across, along or near any of said tracks. 5 GO GENERAL ORDINANCES OF CITY. 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 dollars for each offense. 774. Shall stop at further side -of street.] All street cars stopping at the intersection or crossing of any st-reet 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 receive or discharge passengers whenever they are desired to do so. Any horse or street railway company, or any conductor 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. 775. Cars to run at all reasonable hours and to be numbered and lettered.] It shall be the duty of all street railway com- panies or corporations, doing business within this city, to oper- ate 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 appropriately let- tered, to indicate the streets or routes over which they may run. 776. Head lights on cars.] Every firm or corporation opera- ting street railroads in the city shall provide every car running in the night time with a brilliant and conspicuous light, which light shall at dusk be placed on the front or forward end of the cars in such manner as to render them conspicuous to pub- lic travel. Any firm or corporation, or employe of such firm or corporation, who shall violate this section shall be subject to a fine of not less than ten dollars npr more than one hun- dred dollars for each and every offense. SEWERS AND DRAINS. 561 CHAPTER XXIV. SEWERS, DRAINS, GAS AND WATER PIPES. Article I. Sewers and Drains. II. Gas and Water Pipes. Article I. SEWERS AND DRAINS. 777. Sewers — how to be constructed.] All sewers ordered and provided for by the cit}^ 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 engineer, or by ordinance. All such sewers shall 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 neces- sary at proper distances: Provided , that when a new sewer is being constructed, the mayor shall appoint a competent and prac- tical brick mason whose special duty it shall be to superintend said construction under the direction of the city engineer and superintendent of streets. [As amended June 5, 1895. 778. Permit to tap sewer — how granted — certificate of superintendent.] All persons desiring to tap and make con- nection with any sewer in the city, shall obtain a permit from the city engineer for which they shall pay to the city engineer the sum of three dollars, and the city engineer shall, after the applicant has made the proper excavation, tap the sewer and complete the connection and return the permit with his certifi- cate that the connection has been made in a thorough and work- GENERAL ORDINANCES OF CITY. 562 manlike manner, and accompany it with a report of accurate measurements locating the connection by its distance from the nearest street corner, or some fixed or permanent point so as to definitely locate said connection. 779. City engineer — shall report — when.] The city engi- neer shall, on the first of each month, report in writing, to the council, the fees received, with the amount. 780. Sewers to be built with reference to future connec- tions.] If any sewer ordered as aforesaid, will probably re- quire 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 intersections 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. 781. Inlets, etc., how to he made.] For the purpose of carrying off the surface drainage, suitable grated openings or inlets shall be made at proper distances at or near the intersec- tions 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 intersections of such sidewalks with the corners of the streets or alleys, so as to prevent the foot crossings from becoming 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. 782. To be laid in center of street.] 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. 783. Lateral sewers.] The drainage of all private prop- erty into the public sewer 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 SEWERS AND DRAINS. 563 curved toward the lower end of the latter, so as to lessen the obstruction of the current in the main sewer by the influx from the lateral sewers. 784. Map of sewerage districts.] It shall be the duty of the city engineer to keep in his office a map, or maps, upon which shall he platted and shown the sewerage districts of said city, with the location of the different sewers therein and their di- mensions, openings, inlets and connections. 785. Private drain without consent — penalty.] Any per- son 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 ordinance, or in any other manner than is authorized by ordinance, 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 connecting with such unauthorized private drain or sewer. 786. Not to be used for steam.] 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 addi- tional penalty for every repetition of the same. 787. Garbage, etc. — penalty.] No garbage, butcher’s offal, dead animal, or any other obstruction, shall be deposited or thrown into an}? - 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. 788. Injury to sewer, etc. — penalty.] 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 shall in any way obstruct or in- jure the mouth thereof, shall, for each offense, be subject to a penalty of not less than five dollars nor more than fifty dollars. 789. Natural drain, obstructing, etc. — penalty.] No per- son shall obstruct, fill up, or change any branch or natural drain GENERAL ORDINANCES OF CITY. 5G4 within the city, without first obtaining the permission and con- sent 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 ob- struction or change, after being notified to remedy the same by the city engineer or superintendent of streets. 790. Natural drain — how to be changed, etc.] 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 changing, 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 sewering of such branch or natural drain shall be done in accordance therewith ; and all changing or straightening of the channels of such branches or natural drains shall be made with reference to sewering the same. 791. Sewers outside of city not to be connected with city sewers unless, etc.] 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 Springfield, with any sewer or system of sewerage within said city; nor shall any owmer 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 aldermen au- thorized to be elected to the city council; and it is hereby made the duty of the mayor to strictly enforce, or cause to be en- forced 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 IT. GAS AND WATER PIPES. 792. Gas pipes, where to he laid — water pipes, where to be laid — penalty.] All gas pipes hereafter laid in and along any of the streets or avenues of the city of Springfield, running GAS AND WATER PIPES. 565 north and south, shall be laid at least ten feet west of the center line thereof; and on streets or avenues running east and west, at least ten feet north of the center line of said 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 cen- ter line of said streets or avenues. Any person, company or corporation violating or failing to comply with any of the pro- visions of this section (except in case where such compliance shall be found impracticable), shall be subject to a fine of not less than twenty-five dollars nor more than two hundred dol- lars 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 conformably to the re- quirements hereof. 793. Gas or water pipes to be relaid — when.] All gas or water pipes heretofore laid in and along any of the streets or avenues aforesaid, and not in conformity with the provisions of the last preceding section of this article, shall, whenever it becomes necessary to relay the same, or to put down new ones, be so laid as to conform to the requirements of said section. 794. No greater charge for extra pipe, etc.] 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. 795. Excavations in streets, etc., to be filled up — penalty.] All excavations in the streets, avenues, alleys or sidewalks of said city, made by any person or persons for the purpose of con- necting any private drain or sewer with any public sewer, or for the purpose of laying, connecting or tapping any gas or water pipes, shall, immediately 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, GENERAL ORDINANCES OF CITY. 506 and the surface conforms to the proper level of the street, avenue, alley or sidewalk. Whoever shall violate, or shall neg- lect or refuse to comply with any of the above requirements of this section, shall, upon conviction, be fined not less than ten dollars 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 ail damages resulting to private persons from such imper- fect filling. 796. Permit for connections with steam mains.] It shall be the duty of all plumbers or steam fitters before making con- nections with the steam mains or service pipes, to first obtain a permit or consent in writing from the proprietors or some of- ficer of the company or person owning or operating the street steam service, to make such connection. 797. To prevent escape of steam into sewers.] Before an installation of steam radiation is completed it shall be the duty of the plumber or steam fitter to see that a cooling coil or water radiator is put in of sufficient capacity to prevent the escape of steam or hot water into the sewers. 798. Plumber to make report.] Before the completion of such connections, it shall be the duty of the plumber or steam fitter making the connection, to report upon blanks furnished by the company or person owning or operating the street steam service, the number of feet of direct and indirect radiation installed in the premises, also the amount of surface in the cooling coil or water radiator, and for whom such service is ren- dered. 799. Discharge pipes in sewers. ] The return or waste pipes from all radiators or coil shall be connected to a steam trap which shall be placed between the radiators or coils and the cool- ing coils, and of sufficient capacity, and so arranged that the hot water will enter the top of the coil, and discharge to be taken from the bottom of the coil, and extended up above the top of the coil, at which point a discharge pipe shall be connected with the sewer. 800. Foregoing sections to govern change in radiation.] Any change in the surface radiation, either to increase or di- GAS AND WATER PIPES. 567 minish the number of feet of such radiation, must be governed by the requirements laid down in the foregoing sections. 801. Penalty for violation.] Any person or persons violat- ing any, or all the provisions of this ordinance shall be liable to a fine of not less than three dollars and not more than fifty dollars, and costs of suit for each and every offense, and each and every day of neglect to comply with the provisions of this ordinance shall constitute a separate offense, such fine and costs to be levied and collected in the same manner as other fines and costs are levied and collected for a violation of any city ordi- nance. [Passed January 6, 1896. 568 GENERAL ORDINANCES OF CITY. CHAPTER XXV. SIDEWALKS. Article I. Width, Grade, Construction, Etc., of Sidewalks. II. Special Provisions in Relation to. III. In Regard to Curbstones. Article I. WIDTH, GRADE, CONSTRUCTION, ETC., OF SIDEWALKS. 802. Width of.] On all streets or avenues, within the city of Springfield, of sixty-four feet and upward in width, side- walks 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 : Pro- vided , 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. 803. Sidewalk area on unpaved streets — width of.] One- fifth of the total width of each and every unpaved street in the city shall be retained and reserved on each side of the street as sidewalk area and the remaining three-fifths only shall be worked and graded by the city. [As passed October 3, 1887. 804. Grade.] 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 perma- nent grade is established, the city engineer may give a tempo- rary grade; and he shall, when requested by any person desir- ing to build a sidewalk, stake out the grade thereof without charge to such person. 805. Not to be laid contrary to grade.] 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, with- SIDEWALKS. 5G9 out having first obtained a grade therefor from the city engineer, or contrary to any grade given by said engineer; nor shall con- struct 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 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 superintendent. 806. Material and width.] .All sidewalks on all streets and avenues within the city of Springfield shall be built of flag- stone, brick or concrete; and no sidewalk shall be laid less than four feet in width. [Passed July 19, 1897. 807. Incline — curbing.] All sidewalks shall be so con- structed as to have an incline, toward the gutter of the street, of one inch in each 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 grading and laying down said sidewalks, whether 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 superintendent of streets. 808. No part of to be taken for private use, etc. — entrances to cellars, etc. — penalty.] No part of any sidewalk shall be taken for private use by lowering or cutting down the same next to the building 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 —20 GENERAL ORDINANCES OF CITY. 570 shall not be more than five feet; and the same shall be at all times securely protected by the owner or occupant of the build- ing. Whoever shall violate any of the provisions of this sec- tion shall be subject to a penalty of five dollars for the first of- fense, and to a like additional penalty for each week, after the first conviction, that he shall continue such violation. 809. Not to extend beyond the established width — no smooth glass or metal.] No person shall build 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. 810. Openings in to be covered with iron plate.] 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 surface, to prevent accidents, and the construc- tion of all vaults and coal-holes under sidewalks shall be sub- ject to the directions and supervision of the street superintendent, or such other officer as may be designated by the city council. 811. Sidewalk, nuisance — when.] Every sidewalk in said city which is so much worn or out of repair as to endan- ger the safety of persons passing over the same, is hereby de- clared to be a nuisance; and any person who shall hereafter suffer or permit such nuisance to exist in front of or adjoin- ing premises owned or occupied by him, shall be subject to a pen- alty 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. 812. Nuisance to be abated.] The owner or occupant of any lot or premises, where any holes or loose planks, or other defects, are permitted or allowed to be and remain in and about the sidewalks in front of or adjacent to his premises, as re- ferred 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 super- intendent to abate the same; and if any person shall recover SIDEWALKS. 571 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. 813. Steps, etc., how to be supported — cellar way, etc. — restriction — penalty.] 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 building, shall be securely fastened to the wall of such build- ing 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 cel- lar 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 win- dows 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 se- cured with iron or other suitable gratings. Whoever shall vio- late 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. 814. Openings to have iron doors.] All approaches or en- trances to cellars and basements which open on the public side- walks, and all other openings on public sidewalks shall be pro- tected by iron doors four feet by four feet ten inches, and it shall be unlawful for any person building any of said approaches. GENERAL ORDINANCES OF CITY. entrances, or openings to protect the same with doors constructed of any other material than iron. Owners of any property abutting upon the public sidewalk which have entrances on said sidewalks to any cellar or basement now protected by wooden doors, shall within sixty days of the passage of this ordinance remove said wooden doors, and shall replace them with doors constructed of iron of the size mentioned in this ordinance. [Passed January 21, 1901. 815. Not to be used for display of goods, etc., except, etc. — penalty.] 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 sidewalk 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 adjoin- ing any house or premises owned or occupied by him, under his control, shall be subject to a penalty of one dollar for each offense, and to a like additional penalty for every two hours he shall allow such goods, merchandise, signs, or fixtures to remain after being notified to remove the same by the street superintendent, or any member of the police force. 816. Not to be obstructed with goods, etc.] Xo 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 ex- ceed 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 superinten- dent, or any member of the police force. 817. Goods to be placed on tables or benches.] All fish, fruit, groceries, teas, coffees or vegetables displayed on any side- walk in said city shall be placed on benches or tables not less than two feet in height nor more than three feet in width, under SIDEWALKS. 573 a penalty of not more than twenty-five dollars. [Passed October 3, 1892. 818. Teams not to obstruct.] 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 exceeding three dollars for every such offense. 819. Nuisance — water falling from roof — penalty/] Who- ever 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 pen- alty 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. 820. Hitching rings or posts to be provided.] 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 requirements of this section, shall be subject to a penalty of not less than one dollar nor more than ten dollars. 821. Driving on lawn or sidewalk prohibited — penalty.] 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 permit any such animal, or any ve- hicle thereto attached, to be or remain upon any such sidewalk or lawn, to the obstruction 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. 822. Bicycles on sidewalks prohibited — penalty.] It shall be unlawful for any person or persons to ride any bicycle on any sidewalk in this city, and any person or persons violating 574 GENERAL ORDINANCES OE CITY. this ordinance shall be subject to a fine of not less than two dol- lars nor more than ten dollars for each offense. [Passed Sep- tember 21, 1896. 823. To be kept free from snow and ice and all obstruc- tions — proviso — penalty.] 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 prem- ises, from snow and ice, and keep the same conveniently 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 to allow pedestrians the safe and unobstructed use of the same; and every owner, occupant, or other person aforesaid, who shall permit or allow such side- walks 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. 823%* Spitting on sidewalk prohibited — penalty.] No person shall spit upon any public sidewalk within the city of Springfield; any person who shall spit upon any public sidewalk of said city shall be fined in any sum not less than one dollar nor more than ten dollars. [Passed September 17, 1900. Article III. CURBSTONES. 824. Curbstones not to be injured.] No person shall, within the city of Springfield cut, mar, deface or in any way break or disfigure any curbstone or part or edge thereof, set along or upon any of the paved streets of said city. CURBSTONES. 575 825. No driveway across curbstone.] No person shall have or maintain an entrance or driveway for horses or vehicles from the paved streets or street into his or their premises, crossing the curbstones. But all such driveways, from said streets into private premises, shall be made by putting in curbstones on each side of such driveway, with rounded corners, as at street inter- sections. 826. Penalty.] Whoever shall violate either section of this ordinance shall be subject to a fine of not less than ten nor more than twenty-five dollars for each offense. 576 GENERAL ORDINANCES OF CITY. CHAPTER XXVI. STREETS AND ALLEYS. Article I. STREETS, ALLEYS AND SIDEWALKS. 827. Not to be excavated without permit — penalty.] 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 ob- taining 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 permission 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 connect- ing any private drain or sewer with any public sewer, under a written permit from the city engineer. 828. Excavation to be filled up — how — injuries to be re- paired — penalty.] 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, avenue, alley or sidewalk, and shall, from time to time, if necessary, repair the same, until the earth is completely settled, and the surface there- of conforms to the proper level or grade. Any person tak- ing up or removing any paved or planked street, avenue, alley or sidew r alk, or any bridge or culvert, for any purpose, or neg- ligently 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 con- dition as before the breaking or injuring thereof. Whoever STREETS, ALLEYS AND SIDEWALKS. 577 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 forthwith cause such filling up or repairs to be made and completed, and the 'cost and expense thereof may be collected of the person whose duty it was to do the same, and recovered by a separate suit in the name of the city. 829. Excavation left open, etc. — penalty.] 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. 830. Red light to be placed on.] Any contractor, builder, owner or agent who shall under the ordinances of the city of ‘Springfield, be allowed to place any obstruction or excavation upon any street, alley, avenue or sidewalk, shall be required to place and maintain a red light or lantern at each approach to the said obstruction or excavation which can be easily seen from each direction. Whoever shall violate any provision of this ordinance shall be subject to a fine of not less than five dollars nor more than fifty dollars for the first offense and a penalty of five dollars for each and every day that the ordinance shall be violated. [Passed May 20, 1901. 831. Removing earth, etc., without permit — penalty.] Who- ever 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 permission 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 hundred dollars for each offense. 578 GENERAL ORDINANCES OF CITY. ' 832. Building, etc., encroaching upon street — penalty.] No person shall make, or cause to be made, any inclosure, bridge, arched-way, or building of any kind, extending 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 remain, after being notified to remove the same by the street superintendent, or the fire marshal. 833. Building fence without proper line — penalty.] Who- ever 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. 834. Contractor, etc., not to obstruct street, etc., without per- mit — penalty.] No contractor, builder or other person shall en- cumber 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 necessity, and for a short time only, encumber or obstruct more than one-third of any street or alley, or one-half of any sidewalk ; nor shall such obstruction continue in any case longer than may be necessary in the diligent erection of such building, or the prompt execu- tion of the work. Whoever shall violate any provision of this section, shall be subject to a fine of not less than five dollars nor more than fifty dollars, and to a further fine of three dollars for each day after the first conviction that he shall continue in such violation. 835. Contractor, etc., to give bond to pay damages for, etc. — penalty.] Any owner or agent of real estate, or any con- tractor or builder, who may be about to commence 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. STREETS^ ALLEYS AND SIDEWALKS. 579 or by the placing in or upon the same of any building material, shall, before commencing such work, execute 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 prop- erty from any such interference with or obstruction of such street or sidewalk. Any owner, contractor or builder who shall vio- late or fail to comply with the provisions of this section, shall, upon conviction, be fined not less than twenty-five dollars nor more than one hundred dollars. 836. Building, etc., encroaching on street, etc., not to be repaired, etc. — penalty.] No building, fence, fixture or other erection or inclosure heretofore erected or built, and encroach- ing in whole or in part upon any street, avenue, alley or side- walk of the city, shall be repaired or rebuilt, under a penalty to the offender of not less than ten dollars nor more than two hun- dred dollars. 837. Building encroaching on street, etc., to be removed in 30 days after notice at cost of owner.] The owner of any building, or of any structure or inelosure, already erected or built, extending into or encroaching 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 superintendent 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 dolllars 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 superin- tendent of police to take down and remove such obstruction 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 per- sons causing or erecting such encroachment or obstruction. 838. Building not to be removed along street, etc., without permit — penalty.] No person shall remove, or cause to be re- moved, any building through or along any street, avenue or al- ley of the city, without a written permit from the mayor there- for, nor shall, in removing such building, unnecessarily encum- 580 GENERAL ORDINANCES OF CITY. ber or obstruct any street, avenue or alley, nor for a longer time than may be necessary in the prompt and diligent removal there- of, 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. 839. No obstruction allowed, except, etc. — penalty.] Who- ever shall place, throw or leave, or shall cause to be placed, thrown or 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 line of one dollar for every two hours that he shall not remove such obstruction or encum- brance, after being notified to do so by the superintendent of street, or any member of the police force. 840. Liability for damages.] Any person who shall place or leave, or cause to be placed or left, any encroachment, ob- struction or encumbrance in or upon any street, avenue, alley or sidewalk, shall, in all cases, be liable to the city and to pri- vate persons for all injury or damages arising therefrom. 841. Driving cattle or hogs on paved streets — restriction — proviso — penalty.] No person or persons shall drive upon or along any such paved street or alley, or the paved portion thereof, within said city, more than five head of cattle or hogs at any one time, under a penalty of not less than five dollars nor more than one hundred dollars for each and every offense: Pro- vided, that cows owned by persons within the city and kept for the purpose of giving milk, may be driven to or from pastur- age under the care of a herdsman or servant without incurring any penalty as herein provided. [Passed April 27, 1885. 842. Width of tires on vehicles.] All wheeled vehicles carrying a weight of over three thousand pounds and under five thousand pounds on or over any paved street within said city, shall have tires not less than two and one-half inches in width, and vehicles carrying over five thousand pounds shall have tires not less than three inches in width. Any person neglecting or failing to comply with the requirements of this section shall be liable to a fine of not less than ten dollars nor more than fifty dollars. [Passed October 16, 1893. STREETS, ALLEYS AND SIDEWALKS. 581 843. Leaving team unhitched — penalty.] Whoever shall unhitch or leave any team or horses or mules, or any wagon, carriage or other like vehicle, in any street, avenue or alley, be- fore 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 re- move such team or vehicle, when so requested, shall be subject to a penalty of two dollars for each and every offense. 844. Teams not to be fed, etc., on paved streets, — penalty — proviso.] 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 pen- alty 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 employment; nor to the leaving of horses, or vehicles, used by merchants in the delivery of their goods or merchandise. 845. Obstructing crossing — penalty.] Whoever shall ob- struct any street or alley crossing, 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. 846. When street, etc., obstructed by teams, etc. — penalty.] When any street, avenue or alley shall be obstructed by a press of teams, vehicles, animals or persons, the mayor or superinten- dent of police, or any police officer of the city, 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. 847. Alleys and gutters, to be kept clean — penalty.] It shall be the dut}^ 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 failipg or neglecting to comply with any provision of this section shall GENERAL ORDINANCES OF CITY. 582 be subject to a penalty of not exceeding five dollars for each offense. 848. Leaving open cellar door, etc. — penalty.] Whoever shall leave open or permit to be left open any cellar door, base- ment 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. 849. Obstructing street, etc., with fuel, etc. — penalty.] 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 necessary in the diligent 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 mer- chandise, fuel or other articles to remain, after being notified to remove the same by the superintendent of streets, or any mem- ber of the police force. 850. Throwing ashes, etc., in street, etc. — penalty.] No person shall threw, 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 tw T o 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 inspector, or any policeman. 851. Throwing paper in street, etc. — penalty.] No person shall throw, place or leave, or cause to be thrown, placed or left, in or upon any street, alley, avenue or sidewalk of said city, any paper or card, hand-bill, dodger, advertisement, notice or waste STREETS, ALLEYS AND SIDEWALKS. 583 paper, under a penalty of not less than three nor more than ten dollars for each offense. [Passed July 6, 1885. 852. Straw to be hauled on racks — penalty for violation.] After this ordinance shall take effect, all straw hauled through the streets and avenues of the city shall (unless the same is in bales) be hauled on slat straw racks made in the shape and man- ner that racks for hauling barrels are made. Such slats shall be not more than six inches from center to center or more than four inches space between them so as to prevent the falling off or scattering of the same on the streets or avenues of the city. Any person hauling straw on any other kind of rack than above named shall incur a penalty of not less than ten dollars nor more than twenty-five dollars for each offense. [Passed October 24, 1892, 853. Hauling stone, etc., through the streets — restriction — penalty.] Any person or persons who shall be engaged in haul- ing or drawing stone, mortar, ice, earth, ashes, manure, shav- ings, garbage; or rubbish in or through the streets or avenues of said city shall draw or carry the same in tight boxes or dump beds or barrels and when drawing or carrying any of the afore- said articles in case the same fall into the street or be scattered in any street or alley shall cause the same to be forthwith taken up and removed, and for any violation of any of the provisions of this section he or they shall incur a penalty of not less than five dollars nor more than fifty dollars for each offense, 854. Opening in paved street — permit to be obtained.] Any person, persons, company or corporation desiring to make any opening in any paved street or alley in the city of Springfield shall before the opening is made, make application to the city engineer for a permit, who shall before said permit shall be is- sued, ascertain the amount necessary to replace said street open- ing in as good condition as possible and said sum shall be de- posited with the said city engineer. 855. Fee for permit.] For each and every permit issued for an opening in any street for the purpose of repairing or making any new connection for sewerage, water, gas, steam or any other purpose whatever, said engineer shall collect therefor the sum of two dollars as fee for said permit. GENERAL ORDINANCES OF CITY. 584 856. Old material to be preserved.] The person, persons, company or corporation to whom the permit shall be issued shall remove all old material and preserve the same in such manner as the city engineer shall prescribe. 857. Opening to be closed under supervision of city en- gineer.] After said opening shall have been made and the re- pairs or connections shall have been completed, the engineer must be notified by the party or parties securing the permit and he shall then have the old material replaced and secure such new material as may he necessary in the best workmanlike manner and return to said party or parties a bill therefor with the bal- ance due them on their deposit. 858. Penalty for violation.] Any violation of any of the above sections shall subject the offender to a fine of not less than fifty nor more than one hundred dollars. 859. City engineer to report.] The city engineer shall on the first day of each month, report in writing to the city coun- cil the number of permits issued together with the amounts col- lected therefor. | Passed November 20, 1895. 860. Automobiles and bicycles on streets — regulated.] All persons riding bicycles, automobiles, or all other vehicles using the public streets and highways of the city, after dusk, shall be required to have on the front end of their bicycles, automobile or vehicle, a conspicuous light placed in such a manner as to be plainly in view of the traveling public. All bicycles and automobiles shall be jnovided with a bell or gong to furnish a suitable alarm. No person riding a bicycle on the streets and highways within the fire limits of this city, shall be permitted to ride at a greater rate of speed than ten miles per hour, and no more than two riders of bicycles shall ride abreast on the public streets of the city. 861. Penalty for violation.] Any person or persons violat- ing this ordinance shall be fined not less than three dollars nor more than ten dollars for each offense. [Passed February 3, 1896. 862. Headlights on street cars.] Every firm or corporation operating street railroads in the city shall provide every car STREETS, ALLEYS AND SIDEWALKS. 585 running in the night time with a brilliant and conspicuous light, which light shall at dusk be placed on the front or forward end of the cars in such a manner as to render them conspicuous to public travel. 863. Penalty for violation.] Any firm or corporation, or employe of such firm or corporation, who shall violate this or- dinance shall be subject to a fine of not less than ten nor more than one hundred dollars for each and every offense. [Passed January 6, 1896. 580 GENERAL ORDINANCES OF CITY. CHAPTER XXVII. STREET LIGHTS. Article I. STREET LAMPS AND LIGHTS. 864. Number and location of — proviso.] 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 street lighting thereof, shall direct the loca- tion 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 appro- priation bill of such year. 865. Inspection and approval of — names of streets, etc.] All street lamps erected by order of the city council, shall be inspected and approved by the mayor and committee on street lighting, before being lighted at the expense of the city; and it shall be the duty of said committee to cause the names of the respective streets or avenues to be affixed or painted, in plain letters, upon such public lamps. 866. To be kept clean and in repair — when to be lighted.] Any gas light compan}^, or other company or firm, having a con- tract with the city of Springfield for lighting 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 ren- der it unnecessary. 867. When light insufficient contractor shall remedy. ] The mayor and committee on street lighting shall see that the pub- STREET LAMPS AND LIGHTS. 587 lie lamps of the city are kept clean and in good order, and regu- larly lighted; and if at any time there shall not be a sufficiency of light, by reason of an insufficient 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 insufficiency, defect, or neglect of duty, without delay, and upon a failure to do so, they shall be subject to a proportionate reduction in their monthly or quarterly accounts, in the discretion of the city council. 868. Tax for lighting streets.] 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 main- taining the necessary lamp posts and lamps, and of lighting the streets of said city for such year, and such tax shall be col- lected 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. 869. Removing street lamps — penalty — proviso.] No per- son shall, without permission from the mayor, or the committee on street lighting, 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: Pro- vided, that any person, company or firm, having a contract with the city for lighting and maintaining any such lamps, may, without such permission, 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. 870. Lighting or extinguishing — penalty.] No person shall at any time light or extinguish, or cause to be lighted or extin- guished, any public street-lamp, which any person, company or firm, is or may be required to light or extinguish, under a con- tract or agreement with the city, except by the authority of such contractor or contractors, under a penalty of not less than three dollars nor more than twenty-five dollars for each offense. 871. Postoffice boxes may be attached to lamp posts — penalty for breaking, etc.] The postoffice department is hereby given 588 GENERAL ORDINANCES OF CITY. and granted permission, under the direction of the mayor, to attach postottice 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. 872. City clerk to furnish copy of this chapter to company having contract.] It shall be the duty of the city clerk to fur- nish a certified copy of this chapter to each company, corpora- tion, or firm, which now has, or may hereafter have, a contract or agreement with the city of Springfield for maintaining, light- ing and extinguishing any of the public street-lamps. SUPPLIES. 589 CHAPTER XXVIII. SUPPLIES. Article I. 873. Mayor to advertise for proposals for the city advertis- ing, and for stationery, paper and other supplies.] It shall be the duty of the mayor to advertise in some daily paper, published in the city of Springfield, for proposals to do the advertising of the city, and for furnishing the stationery, paper and other supplies needed by the city or the officers thereof. The adver- tisement for proposals to do the advertising and furnish sta- tionery and paper, shall be published for one week, in January of each year, and the bids shall be for the term of the fiscal year, and shall be received and let on or before the fifteenth day of February of each year. 874. Proposals for fuel and feed.] Tfie advertisement for proposals to furnish fuel and feed for the use of the city shall be published for one week, in the month of September, and shall be let on or before the fifteenth day of October in each year, and the contract for the same shall cover a term of one year, be- ginning with the first day of November following the letting of the contract. 875. Proposal for advertising — what shall state — bids for stationery and paper, fuel and feed, how let.] The proposal for advertising shall state the price per inch in length, for a column at least two and one-eighth inches (or thirteen ems pica) in width, for the whole time the advertisement may be legally re- quired to be published, and the contractor shall not be allowed to charge for any additional insertion consequent upon his neg- lect or mistake. The bids for stationery and paper shall be according to specifications to be determined by the mayor, and may be let separate from the advertising. The bids for fuel and feed may also be made and let separately. 590 GENERAL ORDINANCES OF CITY. 876. Bidder to furnish bond to fulfill contract.] Each bid- der shall accompany his proposal with a good and sufficient bond in the sum of one thousand dollars, conditioned that in case his bid is accepted, he will enter into a contract, and fulfill the same according to the conditions of said bid. 877. Contract — how awarded.] Said proposals shall be sub- mitted to the finance committee of the city council, who, with the mayor, shall award the contract to the lowest bidder, and report their action to the council, and the mayor shall thereupon enter into contract with the successful bidder. VEHICLES. 591 CHAPTER XXIX. VEHICLES. Article I. Hacks, Coaches and Omnibuses. II. Drays, Carts and Wagons. III. Stands for Licensed Vehicles. Article I. HACKS, COACHES AND OMNIBUSES. 878. Must be licensed — penalty — proviso.] Ho person shall engage in or pursue the occupation 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 dollars 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 : And provided , further , that the letting of carriages, 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 section. 879. License — how obtained — bond.] 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 else- where in this ordinance prescribed for such purpose, and shall also execute a bond to the city in the penal sum of three hun- dred dollars, with sureties, to be approved by the mayor, condi- tioned for the faithful observance of all ordinances which are or may be in force, regulating or relating to his said occupa- 592 GENERAL ORDINANCES OF CITY. tion, and thereupon such applicant shall be entitled to receive from the city clerk a license in due form. 880. License number to be affixed to vehicle — penalty.] 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 person so licensed shall cause such number to be plainly painted or affixed, in a conspicuous place, on the outside of his vehicle, 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. 881. Hackman shall wear badge.] Every licensed liackman, 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 en- titled to receive from the city clerk, upon the payment of a fee of not exceeding fifty cents. 882. Hack, etc., to have lighted lamp at night — penalty.] 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 an}^ such vehicle, 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. 883. Fees to be charged.] 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. VEHICLES. 593 Second — For conveying one passenger exceeding one mile, and any distance within the corporate limits, one dollar; for each additional passenger of the same family or party, fifty cents. Third — For 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 desired, 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 ordinary traveling baggage, including one trunk. 884. Rates of fare to be posted in hack, etc. — penalty.] Every licensed owner or driver of any hack, hackney-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, prescribing the rates or fares authorized to be charged for transporting 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. 885. Driver to remain with vehicle at depot — proviso.] Every driver or runner of any hack, hackney-carriage, omnibus, dray, baggage wagon or other vehicle for the conveyance of pas- sengers or baggage for hire, shall w^hile at any railroad depot wfithin said city, remain with his vehicle, and it shall be unlav r - ful for any driver or runner aforesaid to leave his vehicle at any > 594 GENERAL ORDINANCES OF CITY. passenger depot to solicit passengers for any hotel, boarding house, or other place, under a penalty of not less than five nor more than ten dollars for each offense: Provided, that this sec- tion shall not be construed to prevent any driver or runner from obtaining the baggage of travelers or other persons who may employ him at such depot. [Passed January 6, 1896. 886. Driver refusing to carry any person, or to do as re- quested — penalty.] Any person, being the driver or manager of any vehicle for the conveyance of passengers for hire, li- censed under any ordinance of the city, who shall, when re- quested, and on the tender of his lawful fare, refuse to carry anv person, unless actually engaged at the time; or who, hav- ing 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 dollars. 887. Baggage left in hack to he sent to police headquarters — penalty.] 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 refus- ing to comply with any provision of this section, shall forfeit and pay a penalty of not less than two dollars nor more than twenty-five dollars in each case. 888. Omnibuses, etc., to have designated stands at railroad depots.] Omnibuses, carriages and other vehicles for the con- veyance of passengers for hire, and baggage wagons to and from the various railroad depots in the city, shall have certain desig- nated stands, as follows: At the Wabash railroad depot, omnibuses shall be entitled to, and shall have an open space of not less than for four omnibuses on the north side of Washington street, adjoining Tenth street, VEHICLES. 595 and on the south side of Jefferson street, adjoining Tenth street, the baggage and express wagons shall have an open space of twenty-four feet. At the Chicago, Alton and St. Louis railroad depot, the omni- buses shall have an open space on the south side of Jefferson street, adjoining Third street, of not less than room for two omnibuses, and on the north side of Washington street, adjoin- ing Third street, an open space of room for not less than two omnibuses. At the Baltimore & Ohio Southwestern and Illinois Central railroad depot the omnibuses shall have an open space on the east side of Fifth street, adjoining Madison street, of room for not less than four omnibuses, and on the west side of Sixth street, adjoining Madison street, the omnibuses shall have an open space of room for not less than four omnibuses. And all carriages conveying passengers to and from depots shall be en- titled to and occupy sufficient space next to the said omnibus stands, subject to the direction of the chief of police: Pro- vided , the wagon carrying the United States mail shall in no way be interfered with or obstructed in the delivery of mail. Every person, company or corporation owning an omnibus or omnibuses running to and from the various railroad depots in the city shall pay an additional license fee of fifty dollars an- nually. [As amended January 3, 1899. 889. Penalty for violation.] Any person who shall violate the provisions of this ordinance shall be deemed guilty of a mis- demeanor and shall be fined not less than five dollars nor more than one hundred dollars for each and every offense. [Passed January &0, 1896. Article II. DRAYS, CARTS AND WAGONS. 890. Must be licensed — penalty — proviso.] 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, mer- chandise or other property, for hire or gain, from one place to another, within the city of Springfield, without having obtained GENERAL ORDINANCES OF CITY. 59G a license therefor from the city, under the penalty of not exceed- ing live dollars for each load or parcel so carried without license: Provided , that for wagons or other vehicles kept or used by mer- chants, manufacturers* lumbermen, or other persons, for the carrying of their own property, or the delivery without charge of articles or goods sold by them, or for the hauling of earth, sand or building material, no license fee shall be required. 891. License, how to obtain — bond.] 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 writing 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 hundred dollars, with sureties to be approved by the mayor, conditioned for the prompt delivery of all property entrusted to his care, and the due observance of all ordinances which are or may be in force, regulating or relating to his business or oc- cupation, 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. 892. License number to be placed on vehicle. ] 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 without being numbered as aforesaid. 893. Rates to be charged.] Draymen, carters, and owners or drivers of job, express and transportation wagons, licensed under the provisions 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 VEHICLES. 597 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. 894. Driver shall produce list of rates upon request — false list — penalty.] 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 ar- ticle prescribing the rates authorized to be charged for such sendees, and shall, upon demand, produce the same for the in- spection 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. 895. Refusal to carry load, or to do as requested — penalty.] 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 actually employed at the time; nor, having undertaken to carry any load or parcel, shall neglect or refuse to do so as requested, under a penalty, in either case, of not less than two dollars nor more than ten dollars. 896. Excessive rates— penalty.] 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 pas- sengers for hire, shall ask, take, charge or receive, either be- 598 GENERAL ORDINANCES OF CITY. fore or after the work is done, any greater sum for any trans- portation than he is authorized by ordinance to charge, he shall refund the excess of fare so received, and shall, on con- viction, 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. 897. Public stand for vehicles.] 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 trasporting either persons or property for hire, while waiting for employment. 898. Where and how vehicles shall stand.] 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 crosswise to the street, nor less than fif- teen 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. 899. No other stand — penalty.] Ho owner or driver of any vehicle, licensed as aforesaid, shall make a regular stand, while waiting for employment, at any other place on any street, avenue or public ground, than is above provided in this ar- ticle, under a penalty of two dollars for each offense, and a further penalty of one dollar for each day, after the first con- viction, that the same may be continued. 900. Driver may pursue vocation at railroad depots — pen- alty.] All owners or drivers of licensed vehicles, for the con- veyance of either goods or passengers from one place to an- other, for hire or reward, may pursue their vocations at or about any of the railroad depots in said city, subject to such VEHICLES. 599 reasonable rules and regulations, not inconsistent with 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 same 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. 901. Police may order away any vehicle when — penalty.] 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 1 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 such order of the superin- tendent or other police officer of the city, he shall, on convic- tion, be fined not exceeding five dollars for every such offense. GOO GENERAL ORDINANCES OF CITY. CHAPTER XXX. . WATER WORKS. Article I. Transfer to City. II. Protection antf Government of. III. Rules and Regulations. Article I. TRANSFER TO CITY. 902. Control of assumed by city — council to make changes, etc. — mayor to appoint committee.] The control and manage- ment of the water works of the city of Springfield with all the lands, right of way, pumping works, wells, galleries, ma- chinery, reservoir, water mains, distributing pipes, hydrants, meters, water rents, liens and effects of every kind appertain- ing to said water w r orks, heretofore under the direction and control of the Board of Water Commissioners of the city of Springfield, by virtue of the provisions of an act of the Gen- eral Assembly of the State of Illinois approved February 21, 1861, entitled “An act to incorporate the Springfield Water Works Company” and the several acts amendatory thereof, is hereby assumed hy the city of Springfield, and the city council of said city shall make all necessary changes and im- provements in the works, and there shall be appointed, by the mayor a committee consisting of one member from each ward to w T hom all matters pertaining to the water works, may be referred. 903. Council to fix water rates, which shall be a lien upon property.] The city council shall, from time to time, fix and assess the amounts to be paid for water used for each and every purpose in each house, building and premises by any owner or occupant, against any lot or parcel of ground hav- ing any building thereon, which shall abut or adjoin any street WATER WORKS. 601 or alley of the city through which water pipes may be laid, which may be supplied from such pipes, and may do this upon such basis as they may deem just and equitable. Such rates or charges, when fixed, shall be and become a continuing lien or charge upon such lot or parcel of ground, and shall be col- lected and enforced as hereinafter provided. 904. Superintendent — when and how appointed — bond — duties.] There shall be appointed by the mayor, by and with the consent of the city council, on the first Monday in May of each year, or as soon thereafter as practicable, a superin- tendent of the water works, who shall have the immediate supervision of the works, under the direction of the city coun- cil, and the employing of all necessary help in the prosecu- tion of the work, and he sliall give bond in the sum of ten thousand dollars for the faithful performance of his duty. 905. Collector of water rates — when and how appointed — duties — report — bond.] There shall be appointed by the mayor, on the first Monday in May in each year, or as soon thereafter as practicable, by and with the consent of the city council, a collector of water rates, whose duty it shall be to keep all the accounts and books of the city relating to the assessment and collection of water rates, and to collect alL water rates, and to perform all the clerical labor connected with the transaction of the business of the works, and to have all the books and papers subject to the inspection of the city coun- cil, and to pay all collections of water rates and all moneys received by him in his official capacity to the treasurer of the city,, taking his receipt therefor, and said treasurer shall hold the funds so received, separate and apart from all other funds of the city. Said collector of water rates shall make a report to the council, on or before the first Monday in each month, show- ing the amount of receipts and expenditures on account of the water works for the month preceding, and he shall be required to give bond for the faithful performance of his duty, in the sum of twenty-five thousand dollars. 906. Water rents not paid by certain time to become a lien against property — collector to give notice.] All water rents or charges for the use of city water shall be paid according to the rules that may be adopted by the city council, and all rents —21 G02 GENERAL ORDINANCES OF CITY. or charges not so paid to the collector of water rates, on or be- fore the first day of February of each year, for the then current calendar year, shall become a continuing lien against the prop- erty charged with such water rate, and it shall be the duty of the mayor and comptroller of the city, to issue to the city col- lector of special taxes and special assessments, a warrant re- citing the unpaid water rates for the then current calendar year, with the description of the property liable therefor and the name of the owner so far as known, and commanding him to col- lect the amounts therein specified. The said collector shall at once give public notice that such warrants are in his hands for collection, by publication for five successive days, in a daily newspaper published in this city. 907. County treasurer shall sell property for delinquent water rates.] The county treasurer shall extend such delin- quent water rates against the property described in the warrant and shall proceed to obtain judgment against said property at the same time and in the same manner as is provided by law for obtaining judgment for state and county taxes, and he shall, in the same manner, proceed to sell the same as for state and county taxes. 908. No one to use water without permit and payment of tax — city may shut off water.] No person shall be permitted to take water from any water main or private hydrant without a written permit from the superintendent of the water works, or the collector of water rents, and payment of the w r ater tax re- quired, and a failure on the part of any water consumer to pay the water tax to the collector of water rates, according to the rules that may be adopted by the city council before return of the warrant to the county treasurer shall give the city the power to shut off the water from such consumer. And the city reserves the right to shut off water from any consumer who after due notice persists in any violation of rules or ordinances regulating the water supply. 909. Duties and powers of council. All duties heretofore imposed upon and all powers given the board of water commis- sioners by ordinances of the city, are to be performed and exe- cuted b}' the c-ity r council. WATER WORKS. 603 910. Commissioners to turn over property, etc.] Upon the passage of this ordinance and its approval by the mayor, the acting board of water commissioners shall be called upon to turn over all property, title deeds, moneys and accounts to the mayor of the city, or to proper officers designated by him, taking his or their receipt for the same. 911. Present superintendent and secretary to serve until their successors appointed.] Until the appointment of the superintendent and collector of water rates and their qualifica- tion as provided in sections 3 and 4 of this ordinance (being sections 904 and 905 of this General Code) the appointees of the acting board of water commissioners to the places of super- intendent and secretary are authorized to fill these places re- spectively at the salaries allowed them by the said board. 912. Repeal.] All ordinances or parts of ordinances in con- flict herewith are hereby repealed. Article II. PROVISIONS RELATING TO THE GOVERNMENT AND PROTECTION OF THE WATER WORKS. 913. Slaughter house, etc., carcass, etc., hogs, etc., filth, etc. — unlawful — penalty.] 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 Riverton, 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 mat- ter 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 604 GENERAL ORDINANCES OF CITY. or injuring the waters of said Sangamon river, and shall, upon conviction, be fined not less than ten dollars nor more than two hundred dollars for each and every offense. 914. Bathing in Sangamon river — where unlawful — pen- alty.] 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 wnrks building, or within three hun- dred 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 city council and the superintendent to see that the provisions of this and the preceding sections of this article are strictly enforced. 915. Reservoir — shrubbery — grounds — penalty for injury to — offenders to be prosecuted.] No person shall ascend or climb up and down the reservoir embankment of said water works, except by the stairways built for that purpose, or in any way injure said embankment, or any water main or pipes connected with the reservoir; 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 reser- voir grounds ; nor shall throw or deposit any filth, offal 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. 916. Using water without permit — penalty.] 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 superintendent of said works, under a penalty of not exceeding five dollars for each and every offense. 917. Penalty for taking water from hydrant without per- mission.] Any person or persons taking water from any public WATER WORKS. G05 hydrant by use of wrench or otherwise, without the written per- mission of the superintendent of the water works, shall be fined five dollars for each offense, and shall pay at the rate of fifty cents per one thousand gallons for all water so taken. [Passed July 6, 1897. 918. Water shut off for non-payment.] Upon the return of any bill to the office of said board for non-payment, the water may immediately be 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. 919. Ferrule may be drawn — when, etc. — proviso.] In all cases where there is a cistern on the premises, and the water from said works in not used and paid for for three months in succession, it shall be unlawful for the superintendent to have the ferrule drawn at the expense of the owner of the premises, or of the person who may wish the water turned on again : Pro- vided l, that ten days 5 notice shall be given to the owner or occu- pant 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 fixture is or shall be out of use for six months, the superintendent shall, in like manner, have power to cause the ferrule to be drawn at the ex- pense 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, by order of any officer thereof, and afterward found on again, the superintendent 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 sec- tion immediately preceding, shall not be so construed as to affect new occupants of premises, who are not indebted for previous water rents. 920. Where cistern on line water not to be used unless, etc.] In all cases where there is a cistern on a line between two sepa- GENERAL ORDINANCES OF CITY. GOG rate* 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 cisterns shall pay proportionately for the same. 921. Plumbers to obtain permits, etc.] All plumbers desir- ing 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 superintendent their petition in writing, giving their place of business and the name of the per- son or firm, asking to become or continue, as the case may be, a plumber in connection with said works, stating their willingness to be governed by the by-laws, rules and regulations of said works, passed by 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 city council. 922. Plumbers to make complete returns of work done and the location of same.] All plumbers shall make full and com- plete returns of the uses for and to which water is applied, under any permit granted to enter any premises, or to make any at- tachments 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 pre- ceding 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 hereinafter prescribed. In making such report or return of permits, the . plumber shall make an ac- curate and complete measurement of the distance north, south, east and west from the corner 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 WATER WORKS. 607 placed. It shall be the duty of the superintendent of the water works to see that the provisions of this section are strictly com- plied with in all respects. 923. Water pipes not to be bored nor water taken without consent, etc. — penalty.] No street, alley, highway or other public place shall be opened, or public pipes bored, or attach- ments made to any of the water pipes belonging to said city, unless under the direction or by the consent of the superinten- dent, or 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 pur- pose 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. 924. Plumber not to conduct water into two distinct prem- ises, unless, etc.] 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 side- walk opposite the ferrule; nor shall pipe be allowed to cross lots to adjoining premises. Every service pipe must be pro- vided with a stop and waste so situated that the water can be shut off and drained from the pipe to prevent freezing. 925. No ferrule to be entered except, etc. — distance between ferrules, etc.] No ferrule shall be entered by any plumber or other person in any premises, when, a ferrule has been pre- viously 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 diam- eter 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 608 GENERAL ORDINANCES OF CITY. opening where such ferrule or ferrules were previously inserted shall have been securely stopped with a brass plug, at the ex- pense of the person owning the premises. 926. Ferrules — size of.] No ferrule shall be inserted in in any of the leading water mains above the size of five-eighths (%)of an inch inside diameter of opening, unless with the consent of the superintendent 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. 927. Excavating — regulation of.] In removing pavements, or making excavations for the purpose of inserting ferrules, making attachments or repairs, the earth and gravel must be deposited in such manner as to guard against inconvenience to the public, by obstructing streets, alleys or sidewalks. Nor shall any hole made in any street, alley or sidewalk be left open and unprotected during the night. 928. Attachment not to be made to old pipe, etc. — no altera- tion to be made.] No plumber or other person shall make any attachment 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, with- out having first obtained a permit or reissue. Nor shall any plumber or other person make any alteration in any of the con- duct-pipes or other fixtures attached to the water works, so as to conduct water into adjoining premises, without written per- mit to do so, signed by the proper officer of said works. 929. Hydrants — restrictions.] No person shall place a hydrant in am r front yard or common of any premises, so as to be easily accessible to persons living in or occupying neighbor- ing 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 hydrant is removed to some unexposed place on said premises. 930. Ferrules to be inserted by water-works employes.] All attachments by ferrules or otherwise to the main feeding pipes shall be made by the water works employes, under the super- vision of the proper officer of the works, and all ferrules, and WATER WORKS. 609 the costs of inserting the same, shall be paid for by the plumber in whose name the permit issued. 931. Quality and strength of service pipes.] 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 city council. In all cases where boil- ers are supplied a suitable vacuum or safety valve must be ap- plied to prevent damage from collapsing when the water is shut off from the street. 932. Plumbers to give certificate of repairs. ] Plumbers making repairs to hydrants or other fixtures attached to the water works, in cases where the water has been shut off on ac- count of leaks or other defects, shall give to the owner or oc- cupant of the premises a written certificate, 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. 933. Plumbers to report attachment within ten days.] 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 such at- tachment or change, within ten days thereafter, and enter the same, in a concise manner, in a book to be kept for that pur- pose in the office of the water works. 934. Penalty for violation of this article.] 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. 935. Schedule of water rates.] The schedule of water rates shall be as follows : FIXTURE RATES. Bath per annum, dwelling Bath, each additional in dwelling. Bath, public $ 2.40 1.20 3.00 G 1 0 GENERAL ORDINANCES OF CITY. Bath, barbershop, first chair $4.00 Bath, barbershop, each additional chair 2.50 Bibb, cock plain 4.00 Bibb, cock hose 8.00 Bibb, cock bar 8.00 Beer pump 2.50 Cellar drainer 2.50 Dye works $4.00 to 20.00 Engine, per horse power '. 2.50 Feed yard, per hydrant 8.00 to 20.00 Fountains 8.00 to 20.00 Green house, per hydrant 4.00 to 16.00 Hydrants 4.00 Heater, steam 2.50 Heater, hot water 1,00 Laundry, per cock • 4.00 to 20.00 Laundry, first tub in dwelling 2.50 Laundry, each additional tub in dwelling 1.50 Lawn sprinkler 4.00 to 8.00 Sill Cock 4.00 Slop sink 2.40 Pantry or kitchen sink 4.00 Restaurant lunch rooms, per cock 4.00 to 8.00 Soda fountains 4.00 to 8.00 Soda water factory .....' 4.00 to 20.00 Sausage factory 4.00 to 20.00 Water closet, first in dwelling 2.40 Water closet, each additional in dwelling 1.20 Water closet, public 3.00 Wash basin, first in dwelling 2.40 Wash basin, each additional in dwelling 1.20 Wash basin, public 3.00 Wash pavement 4.00 Water motor 5.00 to 20.00 Water by tank, per tank .20 Hydrants and sprinkler for summer month, per month .80 Urinal, first in dwelling 2.40 Urinal, each additional in dwelling.... 1.20 Urinal, Public 3.00 BUILDING PURPOSES. Bricklaying, per one thousand $ .02 Plastering, per square yard .005 Stonework, per perch .05 Concrete, per cubic yard .02 Concrete walks, per square yard .005 METER RATES, DOMESTIC CONSUMERS. 3. 000 to 5, 000 gallons per month, per thousand .25 Each additional 1000 gallons up to 25,000. per thousand .20 Minimum rate per month .75 COMMERCIAL METER RATE. 25.000 gallons per month or less, per thousand gallons .20 Over 25,000 gallons per month per thousand gallons 1.25 Providing that the price of 25,000 gallons or less, shall not exceed the price of 25,000 gallons. Minimum price per month 1.00 WATER WORKS. 611 MANUFACTURES. 1.000. 000 gallons or less per month, per thousand gallons .10 Over 1,000,000 gallons per month per thousand gallons .08 Brick yards and coal mines, per 1,000 gallons .16 Over 1, 000, 000 gallons per thousand gallons .10 3.000. 000 gallons or over per month, per thousand gallons .08 RAILROADS. 1.000. 000 gallons or less per month, per thousand gallons .0125 Over 1,000, 000 and less than 3,000,000 per month, per thousand .10 3. 000. 000 gallons or over per month, per thousand gallons .08 For purposes not specified in the regular schedule of rates and for peculiar and extraordinary purposes the rates and con- ditions for the use of water shall be subject to special permit, and contract with and by the superintendent of the water works. 936. Water free to factories — conditions.] All factories locating in the city of Springfield hereafter, and giving em- ployment regularly to at least fifty men are to be furnished water for use in their respective plants by the city free of all charge for a period of ten } r ears from the time of placing their factories or plant in operation and after the expiration of the said period the owners or persons operating said factories or plants shall pay for the water used such sum as is established by the city at that time. Article III. RULES GOVERNING THE USE OF WATER, AND REGULATING PLUMB- ERS AND PLUMBING WORK. 937. Rules and regulations governing the use of water.] The following rules and regulations are hereby adopted, govern- ing 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 fraudulent use of the water, the supply will be stopped, unless the person shall promptly pay such additional and reasonable charges as the city council 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 pre- viously given to, and permission had from, the superintendent. UKNKKAL OKDINANUES OF CITY. 612 Third — All water rents for the year from July 1 to July 1, shall be due and payable on the first day of January in each year, at the office of the collector of water rates, and said rents or dues shall be paid by the owners of the property, or by the agents of said owners. [As amended June 21, 1897. 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 at- tachments must be kept in complete repair by the owner or occu- pant of the premises. Sixth — No person, without a written permit from the board, shall be allowed to turn water on to any premises. Seventh — All service pipe must be laid at least four feet below the surface of the ground, and all pipe outside the pub- lic 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 water, must become responsible for the payment of all bills, and the keeping in good repair of all pipes, hydrants, etc., other- wise, 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 failure to pay any water rate within thirty days after the same shall become due, the water may be imme- diately 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, or non-payment, the owner or occupant of the premises shall WATER WORKS. 613 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 permis- sion of the superintendent. 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 ah lowed 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 in their premises, desiring the use of the same for that purpose, must, before such use, apply to the superintendent 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 build- ing, and pay the rate or charge made by the council 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 responsibility 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 herein^ after mentioned. Fifteenth — The following abuses are absolutely prohibited: 1st. Permitting the water to be used for any other purposes than those authorized by the permit. 2d. Permitting leaks. 3d. Allowing water to flow unnecessarily while washing pave- ments, 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 works; and in no case will hose be al- lowed 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 only be- tween the hours of six to eight in the morning and six to eight G14 GENERAL ORDINANCES OF CITY. in the evening; and if allowed to run, except when thus used, the water will be shut off without previous notice. The prac- tice of affixing sprinklers with the water turned on to trees, or otherwise allowing them to flow without limit or control, 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. The service shall he performed 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 from the superintendent 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, 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 ©f the street only. Nineteenth — Meters may be attached to any premises where city water is used, as the superintendent of the water works may direct. When meters are furnished, the persons or person owning the property shall pay for said meters and all the ex- pense of putting in the same. All meters and repairs of same, shall be under the supervision of the water works department. When meters are furnished to private consumers, the water rates shall be fifteen per centum less than the rates by fixture. Twentieth — All water rents for water furnished by meter shall he due and payable monthly at the office of the collector of water rates. If not paid within fifteen days after date of bill, the supply of water will be shut off until all arrears and the cost of shutting off are paid. Twenty-first — Tf a meter at any time fails to register the quantity of water, the quantity shall be determined, and the charge made based on the average quantity registered during such preceding period of time prior to the date of the failure, WATER WORKS. 615 as the superintendent of the water works may direct. No de- duction will be made on account of leakage after water has passed through meter. [As amended July 19, 1897. 938. Penalty for violation.] 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. 939. Plumbers and plumbing — rules and regulations.] The following rules are hereby adopted, regulating plumbers and plumbing work, in connection with the water works: First — All plumbers shall procure a license from the city clerk, and pay a fee of one dollar for same, and any plumber who shall have been duly licensed by the city, and who shall have given bond for the performance of plumbing work to be done on the water works, may, upon the application of any person desirous of obtaining water, introduce the same into any house or other place, by first procuring a permit for each and every opening required. Second — All applications for permits must be made in writ- ing, upon blank forms furnished by the superintendent, and signed by the applicant and plumber doing the work. Third — No person, except the tapper employed by the super- intendent, shall, under any circumstances, tap the* distributing pipes, or insert ferrules. Fourth — All plumbing work shall be done in the manner re- quired by the superintendent, and shall be subject to his in- spection and approval, and no work under ground shall be cov- ered 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 with- in one foot of the -side line of the same. Each house shall have a separate hydrant, and stop and waste, the latter placed four feet beneath the surface of the ground; and all stop-cocks located on the sidewalk or alley, under the control of the coun- cil and superintendent, shall have a strong and suitable T head. GENERAL ORDINANCES OF CITY. GIG r .I hey shall be inclosed in a case of iron, corning up even with 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 superin- tendent. Sixth — The street must be opened in the manner which will occasion the least inconvenience to the public, and admit 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 exca- vation in any public place shall be left open, and every precau- tion must be taken to insure the public safety. Seventh — Stop-cocks, and other appurtenances, must be suf- ficiently 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 in- sert the new. No more than one house shall be supplied from one tap on the main. Ninth — All applications for making attachments larger than one inch, must have the approval of the superintendent before the issue of 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 shall be 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 testing his plumbing work at the time of doing the same, shall let on the water to such connection, without permission from the super- intendent so to do; nor shall any plumber, as aforesaid, shut off the water, when a connection has been made, except for the WATER WORKS. (517 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 superintendent; and no such change, extension or alteration shall be made without notice being given to, and permission obtained from, the said superintendent. Twelfth — 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.”) V2 inch bore must weigh per foot 3 0 % 3 10 1 4 12 1*4 6 0 1/4 2 ‘ ‘ m 8 4 *2 9 8 2*4 16 2 3 .19 11 3*4 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 preparing them for such connections with the view of having such prem- ises 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 supply- ing of any premises with water, without being duly licensed to perform such work by the city council of the city of Spring- field, and without having first obtained a permit for the doing of such work from the said superintendent. 940. Penalty for violation.] Any person violating or fail- ing to conform to any of the above and foregoing rules and regu- lations shall, upon conviction thereof, be fined in any sum not exceeding twenty- five dollars for each offense; and if such per- son be a licensed plumber, his license may also be forfeited. 941. Plumber’s license.] The city clerk is hereby author- ized and empowered to issue to any plumber applying therefor, 618 GENERAL ORDINANCES OF CJTY. 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. 942. Bond of plumber.] Before any license shall be issued as aforesaid, the applicant shall fde with the said clerk, his bond in the penal sum of twenty-five hundred dollars, with at least two good sureties, to be approved by the mayor and city clerk, conditioned to indemnify and save harmless the city of Springfield from all accidents and damages consequent there- from, for or by reason of any opening in any street, avenue or alley made by him, or by those in his employment, for the pur- pose of putting down any service pipe or pipes for the introduc- tion of water, or for any purpose whatsoever, or by any unfaith- ful or inadequate work done by virtue of his license, and that he shall also replace and restore the street pavement or road- way over such opening to as good condition as he found it, and keep and maintain the same in good order, to the satisfaction of said superintendent, for the period of three months next thereafter, and shall conform in all respects to the rules and regulations established by said city council, and pay all fines that may be imposed for any violation thereof. APPROPRIATIONS AND ACCOUNTS. 619 CHAPTER XXXI. MISCELLANEOUS OKDINANCES. Article I. Appropriations and accounts. II. Additions. III. Amusements. IV. Auctioneers. V. Awnings. VI. Bill Posting. VII. Billiard and Ball Alleys VIII. Brokers and Money Changers. IX. Corporate Seal. X. House Numbering. XI. Idiots and Lunatics. XII. Ordinaries. XIII. Pawnbrokers. XIV. Partition and Barbed Wire Fences. XV. Peddlers. XVI. Porters and Runners. XVII. Scavengers. XVIII. Second-hand and Junk Dealers. XIX. Signs. XX. Telegraphs, Telephones, Etc. XXI. Telegraph and Other Wires. XXII. Inspection of Wires and Poles. XXIII. Trees. XXIV. Wards and Ward Boundaries. XXV. Penalty— Repeal— Proviso— When ordinance in force. Article I. APPROPRIATIONS AND ACCOUNTS. 943. Annual appropriation bill.] The city council of the city of Springfield shall, as soon as practicable after the com- mencement of each fiscal year, and within the first quarter thereof, pass an ordinance to be termed the annual appropria- tion 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 purposes for which such appropriations are made, and the amount appropriated for each object or purpose; and no further 620 GENERAL ORDINANCES OE CITY. appropriations shall be made at any time during such fiscal year, except as otherwise expressly provided by law. 944. When appropriation exhausted.] When any appro- priation l'or any specific object or fund shall have been ex- hausted, 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 pro- vided for such improvement in the annual appropriation bill, except as otherwise specially provided by law. 945. No claim allowed unless sworn to.] 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 records, 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 before the mayor or city clerk, upon the presentation or filing of such account, that the same is just, correct and reason- able. 946. No claim allowed unless certified by officers.] And no claim or account against said city, upon any contract made or debt incurred by any city officer by authority of the city coun- cil, or of any ordinance, shall be audited or allowed, or any war- rant 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 ex- amined such claim or account, and believes that it is just, cor- rect and reasonable, and in accordance with the contract. Article II. ADDITIONS. 947. Additions — how laid out.] Any addition which may be made to the city of Springfield, or any lands within the AMUSEMENTS. 621 same which may be subdivided and laid out into lots or blocks, shall be so laid out, surveyed and platted, as that the blocks and other sub-divisions thereof shall conform to the regular blocks of the addition or additions adjoining such proposed ad- dition or sub-division, and the streets and alleys shall correspond with, and conform to, the previously established streets and al- leys with which they may connect, and shall continue the same. 948. Plat to be approved by city council — penalty.] Any owner or agent of real estate, who may wish to lay out any addition or sub-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 ap- proval 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. 949. Circus company, etc., must procure license — penalty — proviso.] No person, company or troupe shall exhibit any menagerie or circus, or give any theatrical or other exhibition, 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 fifty dollars nor more than two hundred dollars for each offense: Provided , however , that no license shall be required for any concert, lecture, dramatic reading, tableaux, fair, or other such amusement or entertainment, given by so- cieties or citizens of said city, or other persons, exclusively for charitable or benevolent purposes. (See also Sec. 553.) 950. No concert in saloon, etc. — penalty.] 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. GENERAL ORDINANCES OF CITY. M2 under a penalty of not less than five dollars nor more than fifty dollars in each ease. 951. Good order to be kept.] 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 preserve good order in and about his premises or place of exhibition or amusement, and, if necessary for that purpose, he shall employ, at his own expense, a sufficient num- ber of special policemen. 952. Exhibiting any device without license — penalty.] No person shall exhibit any lung-tester, lifting apparatus, doll- rack, galvanic battery, or other instrument or device, for gain or profit, within said city, without having first procured a license therefor, under 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. Article IV. AUCTIONEERS. 953. Auctioneer must procure license — penalty — proviso.] No person shall pursue the occupation of auctioneer, or shall sell or cry for sale real or personal property, without a license therefor as provided by ordinance, under a penalty of not less than ten dollars nor more than one hundred dollars for each article of personal property or tract of real estate so sold : Pro- vided , this section shall not apply to sales made by any con- stable or sheriff of Sangamon county (when not made by deputy) on legal process, nor to persons required to make sales of real estate by order of court. 954. Time for which license shall run.] No license to any one as auctioneer shall be issued for any less time than to the first day of January next succeeding its issue, and any one procuring a license shall pay therefor the full sum provided by this article, without regard to the time which is to elapse before January the first next succeeding. 955. License not to be transferred without consent of city council — auctioneer not to delegate his power.] No person AUCTIONEERS. 623 having a license from the city as auctioneer shall be allowed to delegate his power to any clerk, partner or any person not named in the license; but the privilege given shall be personal to the person named in the license and can be exercised by him alone. It may be taken in the name of partners, naming them in the license. No license for this purpose shall be transferred with- out consent of the city council. Such consent must be by peti- tion, in writing, and shall, on the request of any two members of the council, be postponed one month after it is read. 956. Two classes of licenses defined and fee therefor fixed — regulations pertaining thereto.] There shall be issued by the city of Springfield two classes of auctioneers’ licenses. Any person may, on complying with the other provisions of this ordinance, become licensed to sell at auction within the city of Springfield, real estate, or carry on sales of second hand household goods at auction, at private houses within the city, for the sum of one hundred dollars, and shall be known and licensed as a special auctioneer. Any person desiring a license for carrying on auction sales of other property in addition to real estate and second hand household goods, at any other place than private houses may, on complying with the other provis- ions of this ordinance, become licensed as a general auctioneer, and shall have power in addition to that above given to a special auctioneer, to carry on auction sales of all kinds of lawful per- sonal property in said city; and no such license shall be trans- ferred without the consent of the city council, which transfer shall only be secured upon petition, in writing, which shall, on presentation, lay over one month on request of two aldermen. The sum paid for license as a general auctioneer shall be two hundred dollars. [Passed January 13, 1902. 957. Bond of.] Persons obtaining license as special auc- tioneer shall give bond with two good sureties, to be approved by the mayor, in the sum of two thousand dollars, and general auctioneers shall give bond with two good sureties, to be ap- proved by the mayor, in the sum of five thousand dollars, con- ditioned 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 regulating or relating to said occupation. 624 GENERAL ORDINANCES OF CITY. and also for the prompt payment of all moneys and the delivery of all goods which may come into their hands as such auctioneers. 958. Obstructing streets, etc. — penalty.] 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. 959. Substituting inferior article — penalty.] Any auc- tioneer, 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 afterward substitute another and inferior article in lieu of that offered to and purchased by the bidder; or who shall knowingly 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 dollars 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. 960. Awnings — how to be constructed — penalty for viola- tion.] All awnings hereafter erected, and extending over any sidewalk within that portion of the city of Springfield estab- lished as the “Fire 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, canvas, or other suitable cloth, and they shall be supported without posts by iron brackets, or by an iron or other metallic frame work, attached firmly to the building, so as to leave the sidewalk wholly unobstructed thereby. Any person AWNINGS. 625 who shall erect or maintain, or cause to be erected or maintained, any awning contrary 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 unlawful awning, after written notice to do so by the superin- tendent of police, or any member of the police force of said city. 961, Awning — of wood in fire limits not to be repaired, etc. — declared a nuisance when, and ordered to be removed — penalty.] 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, ex- cept that the pillars or posts sustaining the same shall be re- moved 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 there- under, 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, 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 failing 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 fur- ther fine of five dollars for every day, after the first conviction, that he shall continue in such violation or failure to comply. 962. Awnings of wood may be built outside of fire limits, in what manner — penalty — proviso.] 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 sidewalk, not more than seven feet apart, and shall be of sufficient length to elevate the awning in the lowest part 626 GENERAL ORDINANCES OF CITY. thereof, at least ten feet above the sidewalk; and the whole shall be securely attached to the house or building before which it inay stand, and be at all times kept in good repair. Any wooden awning already erected without the fire limits, in a man- ner 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 conform to the require- ments hereof. 963. Violating above section or premitting awning to be- come dangerous — penalty — removal of awning.] Whoever shall erect or construct, or cause to be erected or constructed, any wooden awning without said fire limits, contrary to the re- quirements 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, sdiall 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 conviction, that he shall continue in violation of any provision or requirement of this section. And the city coun- cil 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. Article VI. BILL POSTING. 964. Bill posting, etc., unlawful without license.] No person or persons shall engage in the business of bill posting in the city of Springfield, nor shall distribute in the streets, alleys or lanes, of the said city, any bill, picture, or any adver- tisements announcing the business or place of meeting of any skating rink, opera, theatre, park, menagerie or other exhibi- tions for pay, unless for a charitable or religious purpose or any other advertising matter, in any manner except hereinafter specified unless the said person or persons shall have first been duly licensed by the mayor of the city of Springfield. BILL POSTING. 627 965. Fees.] Any person of good character desiring a license shall be licensed by the mayor of the city of Springfield to engage in the business of bill posting and distributing for the term of one year, upon the payment of twenty-five dollars. 966. Bill posters to wear badge.] The said licensees, their agents, officers and employes, while engaged in the act of posting, painting, tacking or distributing any bills, cards, signs or cir- culars, pamphlets, advertisements or notices in this city shall wear a badge with the following words conspicuously placed thereon, “Licensed Advertiser, Springfield.” 967. Hand bills, etc., not to be scattered on streets or side- walks.] No person shall distribute, scatter, throw upon the streets, sidewalks or alleys of the city, hand bills or posters, ad- vertisements, or paper, and nothing herein shall be construed to authorize any person or persons to obstruct the streets or sidewalks and alleys of the city or create any nuisance therein, or prevent the posting of notices required by law to be posted. 968. Private persons may distribute circulars, etc.] Noth- ing herein contained shall be so construed as to prevent any person, firm, or corporation residing and doing business in the city of Springfield, from distributing circulars or hand bills advertising an article or compound within the corporate limits of said municipality, or merchants from advertising their own business. 969. Penalty for violation.] Any person or persons violating any of the provisions of this ordinance shall be liable to a fine of not less than five dollars nor more than twenty-five dollars. [Passed January 3, 1898. 970. Private wall not to be used for advertising, unless, etc.] 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 hav- ing 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. 62 8 GEN EHAL ORDINANCES OF CITY. Article VII. BILLIARDS AND BALL ALLEYS. 971. Must be licensed — penalty.] 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 dollars in each case. 972. No intoxicating liquors to be kept without license — penalty.] 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. 973. No minor to be permitted to play — penalty.] No licensed owner or keeper of any billiard, bagatelle, 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 VIII. BROKERS AND MONEY CHANGERS. 974. Broker and money changer defined.] Any person engaged in buying, selling, discounting or shaving bills of ex- change, checks, drafts, promissor}^ notes, bonds or other writ- ings obligatory, for purposes of gain, is hereby defined to be a broker; and any person engaged in buying, selling or exchang- ing gold or silver coin or bank notes for gain or profit, shall be deemed a money changer within the meaning of this article. 975. Must be licensed-— penalty — proviso.] No person shall engage in or carry on the business of a broker or money changer CORPORATE SEAL. 629 within the city of Springfield, without being duly licensed therefor, under a penalty of not less than five dollars nor ex- ceeding one hundred dollars, and a further penalty of five dol- lars 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. 976. Real estate broker without license — penalty.] No person shall engage in or 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 IX. CORPORATE SEAL. 977. Description of.] 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 surrounded by a scroll, with the words, ef Corporate Seal of the City of Springfield , Illinois , 1810,” in Roman capitals, engraved upon the face thereof. 978. When to be used — not binding upon the city unless, etc.] The city clerk shall be the custodian of the corporate seal. He shall affix the impression of the corporate seal to all commissions 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 signa- ture of the city clerk. GENERAL ORDINANCES OF CITY. (>;50 Article X. J LOUSE NUMBERING. 979. Rules for.] 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. Second-— All that portion of north and south streets, crossing and being north of Washington street, shall be designated by the prefix north , and that portion of all streets crossing or be- ing south of Washington street shall be designated by the prefix south. All streets or avenues running east and west and cross- ing 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 hun- dred (100), and progress east and west 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 engi- neer, adhering as nearly as possible to the foregoing plan. 980. House numbering to be in conformity with directions of city engineer.] It shall be the duty of the city engineer, in pursuance of the foregoing section, to establish and assign all house numbers on the streets, avenues and thoroughfares EDIOTS AND LUNATICS. 631 of the city, allowing as far as practicable one number for each twenty (20) feet of ground, and he shall prepare the necessary maps and records of the numbers assigned by him, and said maps and records shall be evidence of the number 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 num- bering 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 di- rections and regulations of said city engineer. 981. All houses to be numbered — penalty for failure.] 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 provisions of this article, and the regulations of the city engineer in pursuance thereof. And any owner or occupant of any house now 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 days 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 en- gineer, shall incur a penalty of not exceeding five dollars for each and every such offense. Article XI. IDIOTS AND LUNATICS. 982. Care and support of.] 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 person 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. 983. When dangerous to be confined.] When any luna- tic, found at large or unprotected as aforesaid, shall be so in- GENERAL 04DINANCES OE CITY. 632 sane or disordered in mind as to endanger the persons or prop- erty of others, or his own person or property, it shall be the duty of the superintendent of police, or any police officer, to forth- with take and confine such lunatic in the city prison, or other suitable place, until proper provision can be made for him ac- cording to law, and such officer shall also promptly notify the proper county officer, court or person thereof; and all neces- sary expenses incurred thereby shall be collected of the person or persons legally liable therefor. Article XII. ORDINARIES. 984. Defined.] 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. 985. Kept without license — penalty.] No person shall open, keep or conduct an ordinary within the city of Spring- field, 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. 986. When kept open between 12 p. m. and 5 a. m. — penalty.] No ordinary wherein any intoxicating, malt, vinous, mixed or fermented liquors are sold or kept for sale, and no ordinary which may belong to, or be in any way connected 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 dol- lars 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. 987. Defined.] Whoever loans money on deposit or pledge of personal property, or other valuable thing, or whoever deals in the purchase of personal property on condition of selling PAWNBROKERS. 633 the same back again at a stipulated price, is hereby declared to be a pawnbroker, within the meaning of this article. 988. Unlicensed — penalty.] 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 li- cense 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. 989. License — bond.] Any person applying for a license as a pawnbroker or keeper of a loan office shall, before receiv- ing 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 Springfield 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 ordinances of the city council regulating or relating to pawnbrokers, which are or may be in force during the period of such license. 990. Shall keep record.] 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. 991. Shall deliver to pawner note of entry in book, and to chief of police daily a list of valuables received or bought to- gether with a description of person from whom received.] 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 substance of the entry to be made in his book aforesaid; and it shall be the duty of every licensed person aforesaid, to make out and deliver to the chief of police, every day before the hour of twelve M., a legible and correct copy from the book required by the preceding sec- tion, of all personal property and all other valuable thing re- —22 634 GENERAL ORDINANCES OF CITY. ceived on deposit or purchased during the preceding day, to- gether with the time, meaning the hour when received or pur- chased, and a true description of the person or persons by whom left in pledge, or from whom the same were purchased. [As amended July 5, 1886. 992. Books to be open to inspection.] The book required by section 990 of this ordinance, to be kept by pawnbrokers, shall, at all reasonable times, be open to the inspection of the mayor or any member of the police force. 993. Penalty.] Any pawnbroker, loan-broker or keeper of a loan office in said city, who shall violate or neglect or re- fuse to comply with any of the provisions of the last three pre- ceding sections of this article, shall, on conviction thereof, be fined not less than ten dollars nor more than one hundred dol- lars for each offense. 994. Not to receive any valuables from thief, minor, etc. — penalty.] 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. 995. Mayor may revoke license.] It shall be the duty of the superintendent of police to report to the mayor any failure on the part of any person, licensed as aforesaid, to comply with any of the provisions of this article, and the mayor may revoke the license of f such person on satisfacto^ cause appearing to him for so doing. Article XIV. PARTITION AND BARBED WIRE FENCES. 996. Unlawful partition fence — penalty.] No person shall hereafter, within the city of Springfield, 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 I-IAWKEltS AND PEDDLERS. 635 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 re- main, after notice given to lower or remove the same by the street superintendent or any police officer. 997. Iron spikes, barbed wire, etc. — penalty.] 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 instru- ments, after notice to do so by the street superintendent or any police officer. 998. Barbed wire fence declared nuisance — penalty.] 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 fift} r dollars, and to a fur- ther 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 mem- ber of the police force. Article XV. HAWKERS AND PEDDLERS 999. Peddling without license.] Any person or persons desiring to engage in the occupation of hawking or peddling, (except farmers or gardeners selling the produce of their own GENERAL ORDINANCES OF CITY. G3() farms), shall pay a license fee of fifty dollars per year in ad- vance, and it shall be unlawful, for any person or persons to engage in such occupation of hawking or peddling in the city of Springfield, without first having paid said license fee, and obtaining a license to engage in such occupation. 1000. Period of license — pack peddlers and corner vendors — fee.] No license shall be issued or granted for a less period of time than from the date of application for said license to the thirty-first day of December following: Provided , however, that pack peddlers and street corner vendors may be granted a license for thirty days, upon payment of four dollars license fee, together with a clerk’s fee of one dollar: And provided, further, that vendors of hot tomales be allowed a license to peddle or sell hot tomales on the street, on the payment of a license fee of ten dollars per annum, together with the fee of one dollar as the clerk’s fee; and provided , further, that no li- cense shall be required of any one under this ordinance, who is exempt therefrom by the laws of the State of Illinois. 1001a. Penalty for violation.] Any person or persons, violating the foregoing provisions of this ordinance, shall be subject to a fine of not less than five dollars nor more than twenty-five dollars for each offense. 1001b. Fraud, etc. — penalty.] Any person licensed as a peddler under any ordinance of the city, who shall, while acting in such capacity, be guilty of any fraud, deception or imposi- tion, shall be subject to a fine of not less than five dollars nor exceeding twenty-five dollars. 1001c. Shall not enter house unless, etc. — penalty.] No peddler shall enter any private house in said city, without be- ing 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 harass any person, under a penal ty of not less than five dollars nor more than twenty- five dollars for each offense. lOOld. Conflicting ordinances repealed.] All ordinances or parts or ordinances conflicting herewith are hereby repealed, PORTERS AND RUNNERS. 637 and this ordinance shall take effect and be in force from and after its passage and due publication. Article XVI. PORTERS AND RUNNERS. 1002. License — bond — penalty.] 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 execute a bond to said city in the penal sum of three hundred dollars, with sureties, to be approved by the mayor, conditioned for the faithful observance of all ordinances of the city council, regulating or relating to porters and runners. Every violation of this section shall subject the offender to a fine of five dollars. 1003. Hotel keeper may take out license. — proviso.] 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 per- son to represent such house as a porter or runner, and such per- son 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 li- cense at the same time: And, provided further, that the per- son 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 re- lating to porters and runners. 1004. Shall wear badge — penalty.] Every porter or run- ner, 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 violation of this section shall subject the of- fender to a penalty of not exceeding five dollars. 638 GENERAL ORDINANCES OF CITY. 1005. Boisterous conduct forbidden — penalty.] No porter or runner shall, while pursuing his calling 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, harass or impor- tune any person, nor be guilty of any deceit, imposition or false representation, in the furtherance of his business, to the annoy- ance or detriment of any person, under a penalty of not less than three dollars nor more than twenty-five dollars for each offense. Article XVII. SCAVENGERS. 1006. Acting without license — penalty.] No person shall engage in or pursue the occupation 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. 1007. Mayor to grant license.] The mayor is hereby au- thorized 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 person so licensed and engaged, shall be deemed a “scaven- ger” within the meaning of this article. 1008. License — bond.] 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 Spring- field in the penal sum of five hundred dollars, with at least two sureties, to be approved by the mayor, conditioned for the faithful 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 scavengers. 1009. Must dispose of garbage so that it will not become a nuisance.] Any scavenger, licensed as aforesaid, in remov- SCAVENGERS. G39 ing any garbage or offal, shall take it at least one-half mile be- yond the city limits, and so deposit or dispose of the same as that it shall not be or become a nuisance to persons residing 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 desig- nate suitable dumping grounds within the corporate limits, where it shall be lawful for scavengers and other persons to de- posit rubbish, dirt and ashes. 1010. What rates allowed to charge.] 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. 1011. May keep slate for orders — wagon to be numbered.] 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 num- bered with the number of his license, and shall be at all times kept in repair, and in an inoffensive condition. 1012. Penalty — mayor may revoke license.] 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 re- voke such license, when it shall appear to his satisfaction that the person licensed has violated or failed to observe any require- ment hereof. GENERAL ORDINANCES OF CITY. 640 Article XVIII. SECOND-HAND DEALERS AND KEEPERS OF JUNK SHOPS. 1013. Second-hand dealers — acting without license — pen- alty.] No person or firm shall, within the city of Springfield, 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 purpose, under a penalty of not less than five dollars nor more than one hun- dred dollars, and a like penalty for each day, after conviction, that such person shall continue to carry on said business without license. 1014. Junk shop keeper without license — penalty — proviso.] No person shall, within said city, conduct or carry on the busi- ness 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 penalty 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, paper, old iron, or other metal for use in their manufacturing establishments. 1015. License — bond.] 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 elsewhere 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, conditioned 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. 1016. May keep wagons — proviso — penalty.] Every sec- ond-hand dealer, or keeper of junk shop or store, licensed as aforesaid, shall be entitled to keep one or more wagons or other SECOND-HAND DEALERS AND JUNK SHOPS. 641 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 dol- lar for each day the same may be used without being so num- bered. 1017. In case of removal shall notify city clerk.] In case any person so licensed, whether as a dealer in second-hand ar- ticles or keeper of a junk shop, shall remove 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. 1018. Not to buy anything except, etc., from minor without, etc. — penalty.] No dealer in second-hand goods or keeper of a junk. shop shall, within said city, purchase any goods, arti- cle or thing whatever, except old rags and waste paper, from any minor, without the written consent of the parent or guar- dian of such minor, under a penalty of not less than five dollars nor more than fifty dollars for each offense. 1019. Goods lost or stolen to be produced — penalty.] 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 ex- amine 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. 1020. Shall keep book, and record things purchased, and from whom — penalty.] 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 WTitten, at the time of the purchase of any article or thing, in the way of his business, an accurate description of the article or thing so purchased, the price paid therefor, the precise time of making such purchase, and the GENERAL ORDINANCES OF CITY. 642 name and residence of the person from whom such purchase was made; and said book shall, at all reasonable times, be open to the inspection of the mayor, the chief of police, or the chair- man 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 line 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. 1021. Book to be open to inspection.] The book required by the preceding section to be kept by second-hand stores and junk shops shall, at all reasonable times, be open to the inspec- tion of the mayor or any member of the police force, under a penalty of not less than ten dollars and not more than one hun- dred dollars for each neglect or refusal to allow such inspec- tion. [Passed December 4, 1893. Article XIX. SIGNS. 1022. Not to project more than three feet — penalty.] No person shall place or suspend, or cause to be placed or sus- pended, 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. 1023. When projecting more than three feet, or when less than eight feet above sidewalk — penalty.] 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 prem- TELEGRAPH, TELEPHONES, ETC. G43 ises, owned or occupied by him, more than three feet over the sidewalk, or at an elevation of less than eight feet in the low- est part thereof above the sidewalk, shall be 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 unlaw- ful sign, show-bill, show-board or lantern to remain, after be- ing ordered to remove the same by the street superintendent or any member of the police force. 1024. Barbers’ poles, how placed — penalty.] 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 build- ing 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. Article XX. TELEGRAPHS, TELEPHONES, ETC. 1025. Erecting, etc., without consent — penalty.] No per- son, company or corporation, shall hereafter erect or maintain any telegraph, telephone or electric light posts or poles, or any telegraph or telephone wires, or electric-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 the city council therefor, under a penalty, in each case, of not less than fifty dollars nor more than two hundred dollars ; and the recovery of one penalty shall be no bar to further prosecutions for a continuation of the same offense. 1026. Poles and wires not to impede travel or injure pro- perty — penalty.] No person, company or corporation, obtain- ing such permission or authority from the city council, as afore- said, shall so set, erect or maintain any posts or poles, or so place or hang any wires thereon, as to impede or interfere with 644 GENERAL ORDINANCES OF CITY. the public travel upon any street, avenue, alley or sidewalk, 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 committee on streets and alleys, or the street superintendent; and they shall also be liable for any and all damages resulting 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. 1027. Poles to be placed under direction of the mayor, etc.] 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 committee 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 committee to prosecute, or cause to be prosecuted, all persons, companies or corporations violating any of the provisions of this article. 1028. Injuring poles, wires, etc. — penalty.] Whoever shall willfully, maliciously or negligently cut down, break, injure or destroy, any telegraph, telephone or electric light pole; ol shall cut or break any wire or electric conductor; or shall de- face, injure or destroy any telephone box or apparatus, within said city, except in case of necessity from fire or other casualty, shall, upon, conviction, be fined not less than five dollars nor more than two hundred dollars for each offense. Article XXI. TELEGRAPH AND OTHER WIRES. 1029. Height of wires.] All telegraph, gate, and telephone wires over street car railways, that are now or may hereafter be strung over such railways, shall be placed at an elevation not less than twenty-five feet above the surface of the street. 1030. Penalty.] All persons, companies, or corporations shall be liable to a penalty of twenty-five dollars for any vio- INSPECTION OF WIRES AND POLES. G45 lation or disregard of the provisions of this ordinance, and the recovery of one fine shall be no bar to the recovery for further violations or disregard of the provisions hereof. 1031. Metallic poles not to be used.] That hereafter, within the city limits, no electric railway, electric light, tele- phone, telegraph, or other electric company, shall erect or place their wires upon, or connected with, any iron or metallic poles in the streets of the city, except such as are now in use. 1032. Former ordinances repealed — wooden poles only.] All ordinancs or parts of ordinances heretofore passed requir- ing iron or metallic poles, shall, so far as they provide for that class of poles, be and the same are hereby repealed, and wooden poles only shall hereafter be erected. Article XXII. INSPECTION OF WIRES AND POLES. 1033. Police to inspect.] It shall be the duty of the police department with advice and direction of the city electrician to inspect all poles and wires of each and every telephone company, telegraph company, electric light company, city railway com- pany or any poles or wires belonging to any person, company or corporation within the city of Springfield with a view of ob- taining the safe condition of the same, and report the same to the city electrician who shall thereupon notify the owners to make any such repairs, changes or removals as the conditions may require. Such inspection shall be made once a month. 1034. City electrician to furnish blanks.] The city elec- trician shall have printed in book form for the use of the patrol- men, a lot of blanks such as will be most convenient for the purpose of making the desired reports, and each patrolman shall be supplied with one of these books and be required by the chief of police to make good and careful inspection of all poles and wires designated by the chief of police for him to inspect, and answer such questions and fill out such blanks as the city elec* trician shall deem proper to have answered or filled: 1035. Fees.] Any person, company or corporation owning any poles within the said city from which shall be suspended GENERAL ORDINANCES OE CITY. G4G or stretched any electrical, telephone, telegraph, trolley or sup- port wires, shall pay into the office of the city treasurer an an- nual fee as follows: for every pole so owned by said person, company or corporation, all telephone or telegraph companies shall pay seventy-fice cents; all street railway companies shall pay fifty cents; all electric light companies shall pay twenty- live cents, and all other companies not mentioned or desig- nated shall pay at the rate of fifty cents, which fee shall be known as the inspection fee, to defray the expenses of carry- iny into effect the foregoing sections. 1036. Penalty for violation.] Any company, person or corporation violating the provisions of this ordinance or fail- ing to comply with the requirements of the same shall be sub- ject to a penalty of not less than twenty-five dollars nor more than two hundred .dollars and to a like penalty for each day during which such violation or failure shall continue. [Passed August 19, 1895. Article XXIII. TREES. 1037. How planted — proviso — penalty for violation.] 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 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, accord- ing 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 thor- oughfare of forty feet or less in width. Any person who shall plant, or cause to be planted, or shall keep or maintain, 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 sidewalk, and shall be subject to a penalty of one dollar for each and every tree so TREES. 647 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. 1038. Cutting or injuring — penalty.] 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, sidewalk 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. 1039. To be trimmed up ten feet.] All trees planted, cul- tivated 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 in- commode the passage of persons or teams along any street, avenue or sidewalk, and so as not to obstruct the reflection of the pub- lic street lamp. 1040. Interfering with travel, obstructing street lamps, must be trimmed — penalty.] If any tree or trees shall be per- mitted 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 in 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 neg- lected or refused to do so; and said superintendent shall forth- with 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. 1041. Not to cut trees without permission.] No person, company or corporation shall trim, cut, or injure any tree in the city of Springfield without first having been granted per- mission to do so by the property owner or the board of public improvements. 648 GENERAL ORDINANCES OF CITY. 1042 . Penalty for violation.] Any person, company or cor- poration violating the preceding section shall, upon conviction, be fined not loss than five dollars nor more than one hundred dollars for each offense. [Passed August 6, 1900. Article XXIV. WARDS AND WARD BOUNDARIES. 1043 . Seven Wards.] The city of Springfield shall be, and is hereby divided into seven wards, each of which shall com- prise territory as hereinafter described. 1044 . First Ward.] The boundary of the First Ward shall be as follows: Commencing at the intersection of the center line of Adams street with the center line of East Grand avenue, and running thence north to the center line of North Grand avenue, thence west on the center line of North Grand avenue to a stone, being the' southeast corner of section twenty-two (22), T. 16, N. R., 5 W. of 3d P. M., thence north on the east line of the reservoir grounds, twelve chains and 99 1-3 links to the northeast corner of said* grounds, thence west on the north line of said grounds to a point 174 feet east of the east line of Eleventh street, thence north to the north line of Black avenue, thence west on the north line of Black avenue to a point opposite the center line of Tenth street (continued), thence south along the center line of Tenth street (continued) to its intersection with the center line of Adams street, thence east to the center line of East Grand avenue. And the territory in- cluded within said boundaries shall constitute and be known as the First Ward. 1045 . Second Ward.] The boundary of the Second Ward shall be as follows : Commencing at the intersection of the center line of Carpenter street with the center line of Tenth street and running north on the center line of Tenth street to the north line of Black avenue, thence west on the north , line of Black avenue to the east line of Eighth street, thence north on the east line of Eighth street 200 feet, thence west in a di- rect line to the center line of Third street, thence south to the center line of Carpenter street, thence east to the center line of AY ARDS AND WARD BOUNDARIES. 649 Tenth street. And the territory included within said boundaries shall constitute and be known as the Second Ward. 1046. Third Ward.] All that territory within the limits of the city of Springfield lying north of the center line of Monroe street, and west of the center line of Third street shall be, and is hereby constituted the Third Ward of the city of Springfield. 1047. Fourth Ward.] All that territory within the limits of the city of Springfield lying south of the center line of Monroe street, and west of the center line of Third street shall be, and is hereby constituted the Fourth Ward of the city of Springfield. 1048. Fifth Ward.] 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 Adams street, and running thence 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, thence north to the center line of Adams street. And the territory included within said boun-* daries shall constitute and be known as the Fifth Ward. 1049. Sixth Ward.] 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, 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. 1050. Seventh Ward.] The boundary of the Seventh Ward shall be as follows : Commencing at the intersection of the center line of Adams street with the center line of Tenth street, and running north to the center line of Carpenter street, thence west on the center line of Carpenter street to the center line of Third street, thence south to the center -line of Adams street, thence east to the center line of Tenth street. And the territory included within said boundaries shall constitute and be known as the Seventh Ward. 650 GENERAL ORDINANCES OF CITY. Article XXV. GENERAL PENALTY — REPEAL — PROVISO — WHEN THIS ORDINANCE TO BE IN FORCE. 1051. Amount of general penalty.] Any person, company or corporation vkjating any of the foregoing provisions of the foregoing ordinances where no other fine or penalty is pro- vided for the breach thereof, shall be subject to a fine of not less than five dollars nor more than two hundred dollars for each offense. 1052. Repealing clause — proviso.] All public or general ordinances, or parts thereof, not included within the foregoing ordinances, are hereby repealed, so far as they contravene or conflict with the provisions hereof : Provided , that no right, debt, obligation or liability accrued or incurred, or any fine, penalty or forfeiture imposed or assessed, or any suit or action instituted and pending under any of such ordinances, 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 re- spects, as if such ordinances, or parts thereof, had remained in full force. 1053. Special ordinances not repealed.] Special or private ordinances and resolutions, passed by the city council, are not repealed or modified, unless the same be repugnant to the pro- visions of the foregoing ordinances. 1054. When in force.] This ordinance shall take effect and be in force from and after its passage and due publication. Passed January 27, 1902. Approved January 28, 1902. JOHN L. PHILLIPS, Mayor . Ordered printed and published in book form by the City Council of the City of Springfield, May 9, 1902. SPECIAL ORDINANCES OF THE CITY OF SPRINGFIELD SPECIAL ORDINANCES. ARTICLE 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 August 6, 1872. Be it ordained by the City Council of the City of Springfield: 1055. Adoption of Article 9.] § 1 . That in pursuance of section fifty-four (54) of article (9) of an act of the Gen- eral Assembly of Illinois, approved April 10, 1872, entitled “An act to provide for the incorporation of cities and villages,” the provisions of article nine (9) of an act entitled “An act to provide for the incorporation of cities and villages,” passed by the General Assembly of the State of Illinois, 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 Springfield. 1056. Repeal, etc.] § 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. INCORPORATION- OF THE CITY UNDER GENERAL 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 February 22, 1882. Approved February 23, 1882. Whereas, one-eighth of the legal voters of the city of Spring- field, voting at the last preceding municipal election, have pe- titioned the mayor and council thereof to submit the question as to whether said city shall become incorporated under an act of the General Assembly of the State of Illinois, entitled “An aci to provide for the incorporation of cities and villages,” ap- proved April 10, 1872, and in force July 1, 1872, to a vote of SPECIAL ORDINANCES OF CITY. ( >51 the electors of said city at the next ensuing municipal elec- tion ; now, therefore, Be it ordained by the City Council of the City of Springfield: 1057. Questions submitted — time of.] § 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 adop- tion or rejection, at the next ensuing municipal election, to be held in and for said city on the first Tuesday of April, 1882. 1058. 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 ordinances for other municipal elec- tions, 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 coun- cil. The ballots used at such election shall be in the follow- ing form: “For city organization under general law,” or “ Against city organization under general law;” “For minority representation in the city council,” or, “Against minority repre- sentation in the city council.” 1059. 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 7:30 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 CITY BONDED INDEBTEDNESS. 655 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 : Total vote. 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, j bb ‘ I, Harry C. Watson, city clerk of the city of Springfield, in the county of Sangamon, 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 . CITY BONDED INDEBTEDNESS. An Ordinance 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 by the City Council of the JJity of Springfield : 1060. Question of the issue of 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.] § 1 . That, in pursuance of the petition of more than ten legal voters of said city, duly presented to the city council therefor, the following question or proposi- tion for the issue of the bonds of the city of Springfield, under the act of the General Assembly of the State of Illinois, en- titled “An act to amend an act approved April 27, 1877, en- titled ‘An act to amend an act entitled an act relating to county and city debts, and to provide for the payment thereof by tax- ation, 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 outstanding and unpaid bonds, or other sub- sisting legal evidences of indebtedness of said city, be and is hereby submitted to the legal voters thereof, at a special elec- *The separate vote by wards is omitted in the above transcript copy. SPECIAL ORDINANCES OF CITY. G5() tion to be held at the time and in the manner hereinafter pro- \ided: 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 bind- ing, subsisting, legal bonds, or other legal evidences of indebt- edness of said city, outstanding and unpaid at the time of such issue, and in no event to exceed the sum of nine hundred thou- sand dollars. Said new bonds to be of class first , as provided in the act aforesaid, and to bear date on the first daj 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 of- fice 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. 1061. Clerk to give notice of election — returns, etc. — bal- lots.] § 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 24th day of August, A. D. 1880, upon the question or propo- sition 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 : “For issuing the bonds,” or “Against issuing the bonds.” 1062. 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 less 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 coupon bonds of said city of such denominations as the mayor and comptroller may deem advisable, all of said bonds to bear in- CITY BONDED INDEBTEDNESS. 057 terest 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 advertisement, 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 out- standing bonds of said city, specifying the class, date, time of maturity, rate of interest and place of payment of the new bonds, and the terms upon which the old bonds may be sur- rendered and exchanged, and all bids shall be reported to the city council; or, the mayor and comptroller shall advertise, in like manner as before, 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 in- debtedness of said city, and for no other purpose whatever; and the city council hereby reserves the right to accept or re- ject any proposals or bids which may be received for the bonds authorized to be issued under this ordinance and the act afore- said: 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 issue and delivery are authorized by a vote of the majority of all the aldermen authorized by law to be elected to the city coucil. [As amended February 1, 1886. 1063. Cancellation of old bonds — registration.] § 4. Upon the surrender of any outstanding bonds or other legal evidences of indebtedness of said city, the same shall be en- dorsed “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 pur- pose, showdng the date, amount, number, class, time of matur- ity, rate of interest, and place of payment of such bond, and a description of the bond, or other evidence of indebtedness, for 658 SPECIAL ORDINANCES OF CITY. which, or the retiring of which, the same was given, as nearly as practicable. 1064. In force from passage.] § 5. This ordinance shall take effect and be in force from and after its passage. Declaration of the result of the special election held tinder the foregoing ordinance. [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 retiring the outstanding bonded indebtedness 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 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 elec- tion 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, or cause to be issued, the bonds of said city, in conformity with the speci- fications of said notice and ordinance, to the amount and for the purpose therein set forth. CEMETERIES. An Ordinance 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 Spring field: 1065. Mayor and clerk authorized to convey a certain tract of land, including right of way, to Monument Association.] § 1. That in consideration of respect for the memory of the illustrious dead, and in pursuance of a donation heretofore made by the city council to the National Lincoln Monument Associa- tion, of the land hereafter described, the mayor and city clerk of this city are hereby authorized and instructed to convey, by a proper deed of conveyance, that portion of land being a part of Oak Ridge Cemetery, and containing in all six 7-100 acres, surveyed on the third day of July, 1865, by Z. A. Enos, accord- ing to a plat of said survey which is hereby attached, reserv* ing in said deed to the city of Springfield, for the use of Oak CEMETERIES. 059 Ridge Cemetery, the Receiving Vault now on said lot of ground, either to use or remove the same, also a right of way twenty feet in width along the whole length of the east side of said tract, for the use of Oak Ridge Cemetery* 1066. Conveyance in trust, etc., for monumental purposes — ground to be 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 control said lot of ground (subject to the general rules and regula- tions adopted for the government of Oak Ridge Cemetery) 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 purchase a suitable place for the final deposit of the honored remains of Abraham Lincoln, late president of the United States; to inter said re- mains 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 monument in proper order during the cor- porate existence of said party of the second part, and at the ter- mination 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, sub- ject to the above trusts; and to re-convey to the city of Spring- field so much of said lot of ground as may hereafter, in the opin- ion of said party of the second part, be unnecessary for the pur- poses of said monument, or the trusts above stated. It is, how- ever, 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 second 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 successors and assigns, shall always per- mit and grant to the above described persons, to-wit, the said widow and sons of the said Abraham Lincoln, and their imme- diate families, the right to be interred in the same vault with himself. SPECIAL ORDINANCES OF CITY. 6G0 An Ordinance in relation to the Lincoln Monument Association and Oak Kid*re Cemetery. [Passed October 15, 1877. J Be it ordained by the City Council of the City of Springfield , Illinois: 1067. The mayor and clerk directed to convey a certain parcel of land to the Monument Association.] § 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 coun- cil, passed on the 31st day of July, 1865, and approved Au- gust 1, 1865, and entitled “An ordinance making a donation of a certain plat of ground in Oak Ridge 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 ac- companying plat marked (A), thence due east to the main road leading into the cemetery from the south gate. 1068. Certain other land to be 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. 1069. Plat of the ground to be 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 cemeten?', and the other to be delivered with said deed to said association. An Ordinance to provide for the conversion of Hutchinson’s Cemetery into a city park. [Passed July 1. 1889. Approved July 3, 1889.J Whereas, the plot or square of ground fronting east on Lewis street and north on Washington street within the limits of the city of Springfield, known as “Hutch inson’s Cemeterj^” CEMETERIES. 661 ihas long ceased to be used for burial purposes and is lying waste and neglected, incapable of being disposed of at pecuniary ad- vantage to the city, and, whereas, this city is without the con- venience of a public park, therefore Be it ordained by the City Council of the City of Springfield: 1070. Vacated as a cemetery — set apart for park.] § 1. That said described plat of ground, embracing some four acres more or less, shall be and is hereby wholly vacated as a cemetery, and set apart as and for a public park, and that the same, to- gether with such additions as may be hereafter made thereto from time to time, shall constitute and be known as the Spring- field City Park. 1071. City engineer to make survey and plat.] § 2. Immediately upon the passage and taking effect of this ordi- nance, the city engineer is hereby directed to make a survey and plat of the grounds of said cemetery, showing as near as may be, the number and position of the several lots or parts of lots therein, still belonging to private owners, and indicat- ing such changes in the drives and walks of the cemetery as may be necessary to convert it to the uses of a park, and he shall make report in writing to the city council, at the next regular meeting thereof, or as soon thereafter as practicable. 1072. Condemnation proceedings — proviso.] § 3. Upon the making and filing by the city engineer of his survey and plat aforesaid, the city engineer shall forthwith institute and prosecute legal proceedings in the proper court for the taking :and condemning of all lots or parts of lots in said cemetery, the title to which has not beeen relinquished to the city in accordance with the provisions for such purpose in article nine, ■of an act of the General Assembly of Illinois, entitled, an act to provide for the incorporation of cities and villages, in force July 1, 1872: Provided, that pending such proceedings, the mayor and comptroller are hereby authorized to confer with the owners of any such lots, with a view to securing the volun- tary transfer of their several titles to the city. 1073. Estimate of cost.] § 4. The following named per- sons, to-wit: E. W. Payne, Fred Smith and Joseph Wallace are hereby appointed a committtee to make an estimate of the G62 SPECIAL ORDINANCES OF CITY. cost of the improvement herein contemplated, including the cost of labor, materials and grading, the cost of removing the dead from said cemetery, and the probable value of the pri- vate lots necessary to be taken and condemned, and said com- mittee shall report their estimate, in writing, to the city council at its next regular meeting, or as soon thereafter as practicable. The said improvement shall be made and the cost thereof paid for by general taxation. 1074. Remains to be taken up and buried in Oak Ridge Cemetery.] § 5. The mayor is hereby instructed, after first having given thirty days’ public notice, by publication in one or more daily newspapers of the city, to cause the remains of all persons still lying buried in said cemetery to be carefully taken up and reinterred in Oak Ridge Cemetery, in such suita- ble grounds as shall be designated and set apart for that pur- pose by the board of Oak Ridge managers with the approval of the mayor. 1075. When to be force.] § 6 . This ordinance shall take effect and be in force from and after its passage. ELECTRIC LIGHT, POWER AND HEATING COM- PANIES. 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.] Be it ordained by the City Council of the City of Spring field: 1076. Exclusive privilege granted company to use streets and alleys for laying pipes and erecting wires for heating and lighting purposes.] § 1 . There is hereby granted to A. L. Ide, R. D. Lawrence, Samuel H. Jones, Thomas B. Needles, 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 “Springfield Steam Supply and Elec- tric Light Company,” and their executors, administrators and assigns, the exclusive privilege, permission and authority to use and occupy the streets, alleys and sidewalk^ of the city of Spring- field for the purpose of laying down and repairing all necessary ELECTRIC LIGHTS, TOWER AND HEATING. GG3 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 electricity 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. 1077. Not to obstruct streets, etc., nor interfere with 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 fix- tures, shall not unnecessarily obstruct any street, alley or side- walk, 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, immediately restore such street, alley or sidewalk in as good condition as before the open- ing and using of the same, and shall, from time to time, fill up and repair all depressions or sinks in any street, alley or side- walk, caused by the settling of the ground, or otherwise, in lay- ing such pipes or other fixtures; 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. 1078. The company liable to city and private persons for all damages. ] § 3. The said company shall be liable to the city of Springfield, and to private persons, for all damages and in- jury caused by, or arising from, the use or occupancy of any street, alley or sidewalk, by them, in said city, for the purposes aforesaid. 1079. 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 ordinary rates, all the steam necessary to heat its public build- ings; 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. SPECIAL ORDINANCES OF CITY. (;<; i 1080. Company to put their works into operation within two years — forfeiture — to notify council of acceptance, etc.] § 5. The said Springfield Steam Supply and Electric Light Company 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 proceed- ing 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. 1081. Ordinance to be in force twenty years.] § 6 . This ordinance shall be and continue in force for twenty (20) years from and after its passage. Acceptance by company of the foregoing ordinance: Springfield, March 14, 1881. To the 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 7, 1881. Signed, A. L. Ide, R. 1). Lawrence, S. H. Jones. Geo. N. Black, T. B. Needles* Sam’l. D. Scholes, R. W. Miller. An Ordinance granting to R. N. Bayliss and associates the right of way for Electric Light and Power and Steam and Electric Heating. [Passed April 3* 1894. Approved April 6, 1894.] Be it ordained by the City Council of the City of Spring-field: 1082. Authority granted to erect and maintain a system for electric light, etc.] § 1. That consent, permission and authority is hereby given to R. 1ST. Bayliss and G. Van Ginkel, hereafter designated as “grantees” and their associates, suc- cessors and assigns to lay and maintain all necessary pipes and fixtures for conducting steam under the streets, alleys and sidewalks of the said city, to erect and maintain necessary wires and fixtures on poles along the streets and alleys of the said ELECTRIC LIGHTS, POWER AND HEATING. 6G5 city, or to lay wires and necessary fixtures under the streets, alleys and sidewalks of said city, for the purpose of conduct- ing electricity thereon ; wdiich said powers as aforesaid are conferred on said grantees to enable them to furnish to ad- jacent property holders along said streets and to said city steam or electric heat, and electric light and power. 1083. Not to obstruct streets.] § 2. The said grantees in the construction and maintenance and repairs of said works over and under said streets, alleys and sidewalks shall not ob- struct the same further than is necessary to the exercise of the rights herein granted, nor shall they interfere with the gas, water, steam pipes and sewers in or under said streets, al- leys and sidewalks previously laid and constructed, and said grantees shall immediately after constructing said works or any of them, or repairing the same, restore said streets and alleys and sidewalks to as good and safe condition as they were before said construction or repairs were made, ’at their own cost, and they shall also fill up and repair all depressions in said streets, alleys and sidewalks caused by the construction or repairs of said works, and in case said grantees fail to do so within twenty-four hours after having been notified by the superitendent of streets of said city, in writing, then the city may do the work at the expense of said grantees, and in con- sideration of the grant of the power herein conferred on said grantees by said city, said grantees agree to pay for the same. 1084. Excavations in streets to be made under supervision of city engineer.] § 3. All excavations in said streets or alleys in the construction or repair of the aforesaid works shall be made under the supervision of the city engineer or superinten- dent of streets, and when it is practicable said wires and pipes shall be laid along the alleys rather than the streets and side- walks. 1085. To supply city at twenty-five per cent, less than ordinary rates.] § 4. Said grantees in consideration of the rights, powers and privileges herein granted by the city shall supply the city when the same can be done, through said works as constructed and when the city requests all the steam heat and all the electric light and power necessary for its build- SPECIAL ORDINANCES OF CITY. COG ings during the continuance of this grant of power at twenty- five per cent, less than the rate ordinarily charged to other in- terests. 1086. To put works in operation within ninety days — for- feiture — to notify council of acceptance.] § 5. The said grantees shall commence construction in ninety days and put said works in operation within one year after the passage of this ordinance, otherwise all privileges herein granted shall he forfeited. And provided further that said grantees shall within thirty days from the passage of this ordinance notify the city council of their acceptance of the same in writing, which notice shall be entered in full upon the journal of the said coun- cil. 1087. Liability for damages.] § 6 . The said grantees shall be liable to the city of Springfield and to private per- sons 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 purpose aforesaid. 1088. Subject to ordinances.] § 7. The above permission is given subject to the ordinances of the city of Springfield in relation to steam heat and electricity and any ordinance said city may pass in relation to the same. 1089. Rates fixed.] § 8. It is hereby agreed that the rate of 2000 candle power arc lights and 16 power incandescent lights shall not exceed the following prices: Arc lights burn- ing not later than midnight on moonlight schedule, eighty- four dollars per annum. Arc lights burning all night on Philadelphia moonlight schedule, ninety-six dollars per an- num: Provided, said rates may be increased not exceeding five per cent, for lights installed more than four blocks dis- tant from the court house square. Incandescent lights not ex- ceeding one cent per hour meter measurement or seventy-five cents per lamp per month without meter measurement: Pro- vided, these rates shall only apply in those cases where the total bill for such lights to one consumer amounts to two and one- half dollars per month. ELECTRIC LIGHTS, TOWER AND HEATING. 667 1090. In force twenty years.] § 9. This ordinance and the rights hereby conferred shall continue in force for twenty years from and after its passage. Acceptance. Springfield, 111., May 2d, 1893. To the Honorable Mayor and City Council of the City of Springfield : Gentlemen— We hereby accept the terms of the ^ordinance passed by the honorable council of the city of Springfield, 111., April 3, 1893, granting to us and our associates and assigns the right to construct and operate electric light and steam and electric power and heating plants in said city subject to the conditions presented in said ordinance. Very respectfully, G. Van Ginkel, R. N. Bayliss. Filed May 2d, 1893. An Ordinance granting the right of way to the Merchants’ Light and Power Company. [Passed April 3, 1894. Approved April 6, 1894.] Be it ordained by the City Council of the City of Springfield : 1091. Authority granted to erect and maintain system.] § 1. That the Merchant’s Light and Power Company of Springfield, Illinois, is hereby authorized and empowered, and permission is hereby given to said company to lay down all necessary pipes and fixtures for conducting steam in and under the surface of the streets, alleys and sidewalks of said city, and said company is hereby further authorized and empowered to erect necessary wires on poles and necessary fixtures along the streets, alleys and sidewalks of said city, or to lay the necessary wires and fixtures under the surface of the streets and alleys of said city, for the purpose of conducting electricity thereon, which said poivers as aforesaid are hereby conferred on said company, to enable said company to furnish to adjacent property holders along said streets and alleys and to said city, steam or electric heat and power. 1092. To repair streets — not to obstruct.] § 2. The said company in the construction of said works in said streets, alleys and sidewalks aforesaid, or in the repair of the same shall not obstruct the same any more than necessary to enable the said company to construct and repair said works, nor shall the com- pany in the construction of said works aforesaid interfere with any water, gas, steam jhpes or sewers in said streets, alleys or sidewalks before laid and constructed, and said company shall immediately after constructing said works or repairing the same, restore the streets, alleys and sidewalks in as good and safe condition as they were before said construction or repairs were made, at the cost of said company, and said company shall till up and repair all depressions in said streets, alleys and side- walks caused by the construction or repairs of said works, and in case said company fails to do so within twenty-four hours after having been notified by the superintendent of streets of said city in writing, then the city may do the work at the ex- pense of said company, and in consideration of the grant of the powers herein granted and conferred on said company, by said cit}', said company agrees to pay for the same. 1093 . Excavations to be made under supervision of city engineer.] § 3. All excavations in said streets or alleys in the construction or repairs of the aforesaid works shall be made under the supervision of the city engineer or superintendent of streets and when it is practicable said pipes and wires shall be laid along the alleys, rather than the streets and sidewalks. 1094 . To supply city at twenty-five per cent, below ordi- nary rates.] § 4. The said company in consideration of the rights, powers and privileges herein granted by the city, shall supply said city when said company can through the construc- tion of said workSj and when the city requests, all the steam heat and all the electric light and electric power necessary for its buildings during the continuance of this grant of power, at twenty-five per cent, less than the rates ordinarily charged to other interests, and for the above named and specified privileges we hereby agree to pay into the treasury of, the city of Spring- field five per cent, of the gross earnings under this grant. 1095 . To commence operation within one year.] § 5. The said company shall commence the construction of said works within ninety days and put the same in operation within one year after the passage of this ordinance, otherwise all privileges herein granted shall be forfeited: And provided , further , that the said company shall within thirty days after the passage of this ordinance, notify the city council of its acceptance of the same in writing, which notice shall be entered in full upon the journal of the said council. ELECTRIC LIGHTS, POWER AND HEATING. GG9 1096. Liable for damages.] § G. The said company shall be liable to the city of Springfield and to private persons for all damage and injury caused by or arising from the use or oc- cupancy of any street, alley or sidewalk by them in said city for the purposes aforesaid. 1097. Permission subject to ordinances.] § 7. The above permission is given subject to the ordinance of the city of Springfield in relation to steam heat and electricity, and any ordinance said city may pass in relation to the same. 1098. Rate fixed.] § 8. It is hereby agreed that the rate for two thousand candle power arc lights shall not exceed one hundred dollars per annum as per Philadelphia schedule. 1099. In force twenty years.] § 9. This ordinance shall be and continue in force for twenty years from and after its passage. Acceptance. Springfield, 111., April 22, 1894. Frank E. Williams, City Clerk, Springfield, 111.: We hereby accept the ordinance passed by the council, April 3, 1893, giving this company the right to construct and operate a plant for light, power, heat and as specified in the ordinance. Merchants’ Light and Power Co., Per W. B. Baker. Filed May 22, 1893. An Ordinance granting the right of way to the People’s Electric Light, Power and Heating Company. [Passed April 3, 1893. Approved April 5, 1893.] Be it ordained by the City Council of the City of Springfield: 1100. Authority granted.] § 1 . That the People’s Elec- tric Light, Power and Heating Company of Springfield, Illinois, is hereby authorized and empowered, and permission is hereby given to said company to lay down all necessary pipes and fix- tures for conducting steam in and under the surface of the streets, alleys and sidewalks of said city, and said company is hereby further authorized and empowered to erect necessary wires and poles and the necessary fixtures along the streets and alleys of said city, or to lay wires or necessary wires and fixtures under the surface of the streets and alleys of said city for the purpose of conducting electricity thereon which said SPECIAL ORDINANCES OF CITY 670 powers as aforesaid are hereby conferred on said company to enable said company to furnish to adjacent property holders along said streets and alleys and to said city, steam or electric heat, electric light and electric power. 1101. Not to obstruct streets, and to restore same to good condition.] § 2. The said company in the construction of said works in said streets, alleys and sidewalks as aforesaid, or the repair of the same, shall not obstruct the same any more than necessary to enable the said compapy to construct said works, nor shall the company in the contruction and repair of said works as aforesaid, interfere with any water, gas, steam pipes or sewers, in said streets, alleys or sidewalks before laid and con- structed, and the said company shall immediately after the con- struction of said works or repairing of the same, restore said streets, alleys and sidewalks in as good condition as they were before said construction or repairs were made, at the cost of said company, and said company shall fill up and repair all depressions and sinks in said streets, alleys and sidewalks caused by the construction or repair of said works, and in case said company fails to do so within twenty-four hours after hav- ing been notified by the superintendent of streets of said city in writing, then the city may do the work at the expense of said company and in consideration of the grant of powers herein conferred on said company by said city, said company agrees to pay for the same. 1102. Excavations to be made under supervision of street and alley committee.] § 3. All excavations in said streets and alleys in the construction or repair of said works aforesaid shall be made under the supervision of the street and alley com- mittee, and when it is practicable/ said pipes and wires shall be laid along the alleys rather than in the streets and sidewalks. 1103. To supply city at twenty-five per cent, below ordi- nary rate.] § 4. The company, in consideration of the rights, powers and privileges herein granted by the city shall supply said city when said company can through the construction of said works, and when said city requests, all the steam heat and electric light and electric power necessary for its buildings, during the continuance of this grant of powers, at twenty-five per cent, less than the rates ordinarily charged other interests. ELECTRIC LIGHTS, TOWER AND HEATING. 671 1104. To be in operation within one year.] § 5. The company shall commence the construction of said works within ninety days and put the same in operation within one year after the passage of this ordinance otherwise all privileges herein and powers hereby granted shall be forfeited. And provided further that said company shall within thirty days after the passage of this ordinance notify the city council of its acceptance in writing, which notice shall be entered in full upon the journal of said council. 1105. Liable for damages.] § 6. The said company shall be liable to the city of Springfield and to private persons for all damage or 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. 1106. Permission subject to ordinances.] § 7. The above permission is given subject to the ordinances of Springfield in relation to steam heat and electricity, and to any ordinance the city may pass in relation to the same. 1107. Rate of charges fixed.] § 8. It is hereby agreed that the rate for two thousand candle power arc lights shall not be more than one hundred dollars per year. 1108. In force for twenty years.] § 9. This ordinance shall be and continue in force for twenty years from and after its passage. Acceptance.. Springfield, 111., May 5th, 1893. To the Honorable Mayor and City Council of the City of Springfield, 111.: Gentlemen— The Peoples’ Electric Light, Power and Heating Company hereby accept the ordinance granting to the Peoples’ Electric Power and Heating Company permission to erect poles, wire, etc., as in this ordinance, passed and signed by the Mayor April 5th, 1893. Peoples’ Electric Light, Power and Heating Co., By J. H. Schuck, President. Filed May 5th, 1893. G72 SPECIAL ORDINANCES OF CITY. An Ordinance granting to the Capital Electric Company the right to erect and maintain poles, wires and other electrical appliances, in the streets, alleys and other public highways of the city of Springfield, Illinois, for the purpose of furnishing electric light, power and heat to said city and the inhabitants thereof, presenting the conditions upon which such right shall be enjoyed, and regulating the prices of electric light to be supplied to the city and the terms upon which said company shall cede to the city the title and possession of said electric light plant. [Passed October 30, 1894. Approved October 30, 1894.] Be it ordained by the City Council of the City of Springfield : 1109. Authority granted for twenty years.] § 1. That the Capital Electric Company are hereby granted the right and privilege for the period of twenty years next after the pas- sage and adoption of this ordinance, to erect and maintain in the streets, alleys and other public highways within the cor- porate limits of the said city, such poles, masts, wires, cables and other structures and appliances as may be necessary for the purpose of erecting, maintaining and operating an electric light and power and heat plant in said city in order to supply the city and its inhabitants with electric light, power and heat, subject, however, to the conditions and limitations hereinafter expressed. 1110. Poles, wires, etc., to be erected and located under direction of city engineer.] § 2. All poles, wires, masts, cables and contrivances provided for in this ordinance shall be located and erected under the direction of the city engineer in con- junction with the electric light committee, and subject to their approval, and in case said company and said engineer and said committee shall fail to agree as to said matter, said disagree- ment shall be reported to the council, whose decision shall be final and conclusive in the premises. 1111. Obstructing or interfering — poles and wires to be altered and removed.] § 3. Whenever any such wires, poles, masts, cables or other electrical appliances shall obstruct, in- terfere with, or be in the way of any public improvement, the same shall be changed, altered or removed at the expense of said company. 1112. Lines to be extended on request of city.] § 4. Said company shall, whenever so requited by an ordinance or order of the city council, extend its poles and lines construction into any of said streets, alleys or other public highways of said ELECTRIC LIGHTS, POWER AND HEATING. 673 city wherein the same shall not have already been constructed, and furnish lights to applicants: Provided \ that no such ex- tension shall be required unless there shall be applicants for at least one hundred incandescent lights of sixteen candle power for each mile of construction, and in same proportion for a less distance. 1113. Trees may be trimmed under supervision.] § 5. That whenever necessary trees may be trimmed by direction and supervision of the superintendent of streets, or such other officer as the city may designate for that purpose, said city shall have the right to use all poles and masts for its fire alarm system or for any police or electric alarm it may hereafter adopt. 1114. Safe guards to be taken to prevent injury and annoy- ance.] § 6. In the operation of said electric light plant with- in the city, said company shall take reasonable and proper safe- guards, and proper precautions to prevent injury or annoyance to persons, or becoming dangerous to property. 1115. Conflicting ordinances repealed.] § 7. All ordi- nances or parts of ordinances in conflict with the provisions hereof, are hereby repealed. 1116. In force after passage.] § 8. This ordinance shall take effect and be in force from and after its passage. Acceptance. Springfield, 111., Dec. 14th, 1894. To the Honorable Mayor and City Council of the City of Springfield: Gentlemen— The ordinance passed by your body on Oct. 30, 1894, granting a franchise to the Capital Electric Co. to erect, maintain and operate an electric light, power and heat plant in this city has been duly accepted by said company, and its officers directed to communicate the same to your body. A copy of the proposal made to the City Council, Oct. 30, 1894, duly executed by the proper officers, is also herewith transmitted, the same to be placed on file in your office. The Capital Electric Company, By Frank W. Tracy, President, By Edwin A. Wilson, Secretary. An Ordinance extending the franchise of the Springfield Electric Light and Power Company. [Passed July 16, 1901. Approved July 17, 1901. Be it ordained ly the City Council of the City of Springfield: 1117. Extension granted.] § 1 . There is hereby granted to the Springfield Electric Light and Power Company and as- SPECIAL ORDINANCES OF CITY. 674 signs, an extension of their permission and authority, but not the exclusive permission or authority to use ‘and occupy the streets, alleys and sidewalks of the city of Springfield, for the purpose of laying down, renewing, replacing and repairing all necessary pipes and fixtures for conducting steam in and under the streets, alleys and sidewalks of said city, and to erect and maintain necessary wires on poles or underground, along said streets and alleys for the purpose of conducting electricity thereon : Provided, that all excavations in said streets, alleys and sidewalks shall be made under the super- vision of the city supervisor and city engineer, and that wher- ever it is practicable, said pipes and wires shall be laid along the alleys instead of the streets or sidewalks of said city. 1118. Not to obstruct streets — to restore same in good con- dition.] § 2. The said Springfield Electric Light & Power Company, in laying down or reparing their pipes or other fix- tures, 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 fix- tures have been placed in position or repaired immediately restore such street, alley or sidewalk in as good condition as it was 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 fixtures, 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 accept- ance of these conditions, they agree to pay. 1119. Shall be liable for damages.] § 3. The said com- pany shall be liable to the city of Springfield and to private per- sons 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 purpose aforesaid. 1120. To supply city at less than ordinary rates — accept- ance — bond.] § 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 ordinary rates, all the steam ELECTRIC LIGHTS, POWER AND HEATING. 675 necessary to heat its public buildings ; and also when required, at a like reduction, all the electricity from their main wires, that may be necessary to light the public buildings of the said city during the continuance of said grant. 1121. To continue in force for twenty years.] § 5. This ordinance shall be and continue to be in force for twenty years from and after March 10th, 1901 : Provided , however, that said company shall, within thirty days of the date of its pas- sage, notify the city council, in writing, of its acceptance of the same; which notification shall be entered in full upon the journals of said council; and that the said company shall give a good and sufficient bond in the sum of ten thousand dollars for the faithful performance of the provisions of this ordinance. Acceptance. Springfield, 111., July 17th, 1900. To the Mayor and City Council of the City of Springfield: Gentlemen— The undersigned, President and Secretary of the Springfield Electric Light and Power Company, have been instructed by the Board of Direct- ors to notify you of the acceptance by said Company of an ordinance entitled 4 ‘An Ordinance extending franchise of the Springfield Electric Light and Power Company,” passed by the City Council July 16th, 1900, and approved by the Mayor July 17th, 1900. Springfield Electric Light and Power Co., By Charles E. Hay (President). Attest: By George N. Black, Secretary. AN Ordinance granting certain privileges to the Springfield Hot Water Heat- ing Company of Springfield, Illinois, and providing for the exercise of the same. [Passed August 5, 1901. Approved August 7, 1901.] Be it ordained by the City Council of the City of Springfield: 1122. Empowered to lay pipes in streets and alleys; to erect poles and stretch wires for twenty years.] § 1 . That the Springfield Hot Water Heating Company of Springfield, Illi- nois, be and are hereby authorized and empowered to lay, main- tain and use pipes in and across the streets, alleys and public grounds in said city for the purpose of conveying hot water and steam for heating residence and other buildings, public and private, and for the purpose of transmitting electricity for lighting, power and other purposes by means of under- ground conduits in and across the said streets, alleys and pub- lic grounds, and to erect poles and stretch wires in and across G7G / SPECIAL ORDINANCES OP CITY. said streets, alleys and public grounds, for such purposes for the period of twenty years (20) and to keep the same in proper repair. 1123. To have plant in operation within twelve months.] § 2. That the said Springfield Hot Water Heating Company, their successors and assigns, shall have the said heating plant in operation on or before the expiration of twelve (12) months from the passage of this ordinance and upon their failure to do so, or upon their ceasing thereafter to operate said plant for a period of one year, the said rights herein granted to operate such heating plant may be forfeited at the option of the city council. 1124. City engineer to grant permit to open streets.] § 3. That when any street or alley is to be opened or obstructed, the city engineer shall be notified, who shall grant a permit there- for on the conditions usually made for opening the streets for water or gas pipe laying. 1125. Excavations not to interfere with pipes already laid — street not to be obstructed, and to be restored to good condi- tion.] § 4. That the excavations for laying pipe for the pur- poses above mentioned shall be made in such manner as will not interfere with any sewer, water, gas, or other pipes now laid or that may be hereafter laid in said streets, and the work thereon shall be so conducted as to avoid as far as possible the obstructing of any street or alley, and the same shall be promptly repaired and restored to as good condition as before such excavation with material of the same kind. All settling of any street or alley caused by such excavation, whenever it occurs, shall be repaired by said company; if not repaired within a reasonable time after notice from the superintendent of streets, the said superintendent shall cause the same to be repaired, and shall charge the expense thereof against the said Springfield Hot Water Heating Company. 1126. To file acceptance within thirty days.] § 5. That the said Springfield Hot Water Heating Company shall within thirty days from the date of the passage and approval of this ordinance file with the city clerk their written acceptance of the same and said ordinance shall, with such written accept- FERTILIZING PLANT. 677 ance, constitute and be the contract between the said city of Springfield and the said Springfield Hot Water Heating Com- pany, its successors and assigns. 1127. When in force.] § 6 . That this ordinance shall be in force from and after its passage according to law. Acceptance. Springfield, 111., August 8th, 1901. To the Honorable Mayor and City Council of the City of Springfield, 111.: Gentlemen— The ordinance passed by your honorable body August 5th, 1901, and approved August 7th, 1901, granting to the Springfield Hot Water Heating Company a franchise, has been duly accepted by said Company, and its officers directed to communicate the acceptance to your honorable body. The Springfield Hot Water Heating Company, By Rudolph W. Haas, President. By Burke Vancil, Secretary. FERTILIZING PLANT. An Ordinance granting the firm of Goss & Company the right to erect a plant upon the grounds situated west of the city, and known as the Springfield - dumping grounds, and operated by the city of Springfield. [Passed July 3, 1899. Approved July 3, 1899. Be it ordained by the City Council of the City of Springfield, Illinois : 1128. Authority granted to erect and operate for ten years.] § 1. That there is hereby granted to the firm of Goss & Com- pany the right to erect and operate upon the Springfield dumping grounds a first class fertilizing plant for the purpose of disposing of all dead animals found wthin the limits of the city of Springfield or elsewhere, for a period of ten (10) years from the date of the passage and approval of this ordinance. 1129. To make contract to remove all dead animals.] § 2. That upon the acceptance of this ordinance by Goss & Com- pany they, the said Goss & Company, shall enter into a con- tract with the city of Springfield, to remove all dead animals found within the limits of the city of Springfield within one- half hour after the receipt of the notice of such animal or ani- mals being dead. 1130. Terms of contract.] § 3. That the said contract with Goss & Company shall be in form the same contract made G78 SPECIAL ORDINANCES OF CITY. heretofore with the said scavengers, with the exception that the contract shall contain a clause requiring that a telephone be placed in the plant free of charge to the city; also that a man shall be stationed at the plant who will take full charge of the city dumping grounds and keep them in good condition at their expense, and that all animals taken from the city of Springfield shall be transported free of charge, and in a cov- ered wagon, concealing from view everything transported. 1131. When in force.] § 4. This ordinance shall be in force from and after its passage and approval. GAS LIGHT COMPANIES. 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 6, 1884.] Be it ordained by the City Council of the City of Springfield^ 1132. Contract extended for ten years.] § 1 . That the contract heretofore existing between 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 Bevised 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 Springfield Gas Light Company, and chapter sixteen of the Bevised 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, con- ditions 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 Februar}’, 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 GAS LIGHT COMPANIES. 679 said Springfield Gas Light Company for lighting, extinguish- ing, 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 ordinance — said lamps to be kept clean and in good repair. 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 consumed by the city of Spring- field, 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 Springfield, 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 thousand 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 extension of gas pipes to any part of the city, and fix the location of street lamps in such extensions: Provided , that no such exten- sion of pipes shall be ordered unless a consumption 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 interested 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 — The said The Springfield Gas Light Company shall be in all respects subject to the provisions of the act of incor- 680 SPECIAL ORDINANCES OF CITY. poration of said company, the contract and the said chapter 16 of the Revised Ordinances of the said city of 1877, hereinbefore referred to, except as herein and hereby modified. 1133 . Agrees to use gas for street lamps and other purposes — compensation — rights forfeited.] § 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 com- pany, its successors and assigns, for the lighting of said street lamps so to be furnished by said company as aforesaid for the period of ten (10) years from and after the first day of Feb- ruary, 188-1, at fifteen dollars per lamp per annum, payable quarter-yearly; and the said city further agrees to take and re- ceive from the said company all gas consumed by it for other purposes than for street lamps, at the price of one dollar 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 dur- ing the said period of ten years that it, the said city of Spring- field, 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 re- fuse 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. 1134 . Company to give bond.] § 3. The said company shall, within two days after the passage of this ordinance, give bond in the sum of fift} r thousand dollars ($50,000), with suf- ficient sureties, to be approved by the mayor, conditioned for faithful performance by said company of the agreements made by said company as herein expressed.* 1135 . When in force.] § 4. This ordinance shall take effect and be in force from and after its passage, the execu- tion and approval of the said bond, and the acceptance hereof in writing by the said Springfield Gas Light Company. *The bond of said Gas Light Company, as above required, was filed and ap- proved February 6, 1884. GAS LIGHT COMPANIES. 681 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. 1881, 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, en- titled “An ordinance in relation to a supply of gas for illuminating and heating purposes for the city of Springfield and the inhabitants thereof.” Springfield, Illinois, February 6, 1884. Seal of the Springfield Thk Springfield Gas Light Co., Gas Light Co. By N. H. Ridgely, President. Attest: VVm. Ridgely, Secretary. An Ordinance granting certain rights and privileges to the Provident Gas Company. [Passed May 20, 1895.] Be it ordained by the City Council of the City of Springfield : 1136. Permit to construct and operate gas works.] § 1. Subject to the terms and conditions of this ordinance, there is hereby granted to the Provident Gas Co., a corporation created and existing under and by virtue of the laws of the State of Illinois, the right to construct, repair, maintain and operate gas works within the city of Springfield, together with the right of way along, upon and under all the avenues, streets, al- leys and public places in the said city for the purpose of placing, operating, repairing and maintaining one or more lines of gas mains and pipes, and all necessary feeders and service pipes in connection therewith for lighting and fuel purposes : Pro- vided, that all excavations in said streets, alleys and public places shall be made under the supervision of the superintendent of streets, and wherever it is possible, said mains and pipes shall be laid along the alleys instead of the streets. 1137. Service pipe to be laid at expense of company.] § 2. Said Provident Gas Company shall not charge any per- son desiring to make connection with any service- pipe laid or to be laid by said company, but all service pipe shall be laid by said company at its own expense. 1138. Provisions in regard to streets, pipes and water.] § 3. Said Provident Gas Company shall not do any permanent injury to any street, sidewalk, alley, avenue or public place, or shade' tree or in any manner unnecessarily disturb or interfere G82 SPECIAL OKDI NANCES OF CITY. with any water pipes or sewer pipes now laid or hereafter laid by said city, or any authorized company or corporation, and when said company shall open ground in th,e same, it shall forth- with restore the street pavement, sidewalk or ground or water pipes, or sewer pipes to a condition equally as good as before, at its own expense, and if said company shall fail or refuse to do so the same may be done by the said city and said company shall be liable for the cost thereof. Said Provident Gas Com- pany shall not make any excavations in any street, alley, avenue or public place without first securing a permit for that purpose from the city engineer, and whenever said company shall make application in writing to said officer for such permit or permits, and shall have complied with all of the sections of the ordinance, it shall be the duty of such officer to forthwith issue such permit or permits. When any excavation shall be made by said com- pany in any street, alley, avenue or public place paved with wooden blocks, the foundation boards or planks shall be removed without being cut, unless such cutting shall be permitted by the city engineer. Said company shall not use the public fire hydrants of the city or any water therefrom without a license or permit from the superintendent of water works of said city, which license shall be granted by said superintendent upon the Provident Gas Company paying or agreeing to pay the fee for water, as the same is fixed by the ordinances of said city. The said company shall, upon notice from the city engineer of said city, remove or change at its own expense, any gas main, pipe, service pipe or feeder which may be in the way of or interfere with the construction or erection of any public structure or public building within said city. 1139. Not to open and encumber more of street than is necessary — to prevent accidents at openings.] § 4. Said Provident Gas Company shall not open or encumber more of any street, avenue, alley or public place at any one time, than may be necessary to enable it to proceed with advantage in the laying of such main pipes, feeders or service pipes, nor shall said company permit any such street, avenue, alley or public place to remain open or encumbered for a longer period than shall be necessary to execute the work for which the same shall have been opened, or without putting up the necessary bar- GAS LIGHT COMPANIES. 683 Tiers and lights, so as to effectually prevent the happening of any accident in consequence of such opening or encumbering •of such street, alley, avenue or public grounds. 1140. duality of gas — price.] § 5. Said Provident Gas Company shall supply illuminating gas, the quality of which shall be as nearly uniform as practicable, averaging for any •one mouth not less than twenty- two (22) sperm candles burn- ing one hundred and twenty (120) grains per hour, to be de- termined by authorized photometrical test, or a public pho- tometer in city hall building, a five foot burner being used; (said Provident Gas Company to furnish and keep in repair photometer in city hall building and all leads thereto). The maximum price to be charged by said company for gas to be furnished by it to consumers, other than the city of Spring- field, is hereby fixed at eighty-five cents (85c) per one thou- sand cubic feet of illuminating gas, and sixty-five cents (65c) per one thousand cubic feet of fuel gas, provided that said company shall have the right to charge and collect an addi- tional ten cents (10c) per thousand feet, (cubic), if bills are not paid by a certain date in each calendar month, to be fixed by said company and stated in said bills. 1141. To furnish gas, etc., for street lighting.] § 6. The city of Springfield reserves the right to require the said com- pany in addition to furnishing gas for its street lamps, to light and extinguish the same, and in such case the said company agrees to furnish gas for street lighting including the labor of lighting and extinguishing, at not exceeding twelve (12) dollars per annum for each street lamp consuming five cubic feet of gas per hour with boulevard globes. 1142. Not in force until acceptance is filed — compensation to city — bond.] § 7. This ordinance shall not be in force as to said Provident Gas Company until it shall have been ac- cepted by said company, such acceptance to be made and no- tice thereof in writing filed with the city clerk within thirty (30) days from the passage of the same. That after said com- pany shall have been in operation for one full year from its com- pletion, the said Provident Gas Company shall pay into the city treasury one (1) per cent of its gross receipts for a period 681 SPECIAL ORDINANCES OF CITY. of five years, and at the expiration of this five (5) years and during the balance of the time this company shall do business under this charter, they shall be required to pay into the city treasury, two (2) per eent of its gross receipts. The said company shall within one year of the passage of this ordinance commence the construction of said gas works, and said com- pany shall within thirty (30)’ days after the passage of this ordinance give bond in the sum of $50,000.00 with sufficient security, to be approved by the mayor and' the city council, conditioned upon the faithful performance of the agreements made by said company as herein provided. 1143. To continue twenty years — when city shall have right to purchase plant.] § 8. The rights and privileges hereby granted by this ordinance are granted for the time of twenty years from and after the acceptance of this ordinance, and are upon the express condition that at the end of said time of twenty years from the acceptance of this ordinance the said city of Springfield shall have the right to purchase the entire plant of said company and all its property and effects of every kind and description within said city of Springfield at an ap- praised value which shall be ascertained and determined by three competent and disinterested appraisers, who shall have full access to all books, papers and other documents bearing or appertaining to the subject, and such appraisers shall be se- lected in the following manner, to-wit: One of said appraisers shall be appointed by the city of Springfield and one bv said company, and the two so selected shall choose a third and if said two appraisers cannot agree upon a third, then such third appraiser shall be selected by the judge of the circuit court of Sangamon county, Illinois, and the said three appraisers so chosen shall within six months after the appointment of the last appraiser, make report in writing of the value of said property to said city of Springfield and to the said company, and the said city of Springfield shall have the option at any time within six months after the receipt of said report to purchase said plant and property, together with all its appurtenances and equipments at the appraised value so fixed by said appraisers; provided that, however, if the said city shall so elect to so purchase said plant, the said company shall PARKS, ETC. 685 have the right to operate the said plant and receive the profits therefrom during the time arbitration is in progress and until the same shall be completed, and the purchase price as fixed by the arbitration has been paid. 1144. When in force.] § 9. This ordinance shall take effect and be in force from and after its passage. An Ordinance amending an ordinance granting certain rights and privileges to the Provident Gas Company. [Passed June 5, 1896.] Be it ordained by the City Council of the City of Springfield : 1145. Amendment.] § 1 . That an ordinance entitled “An ordinance granting certain rights and privileges to the Provi- dent Gas Company,” passed May 20, 1895, and accepted June 18, 1895, be amended, beginning at the 11th line of section 7, at the word “the” by inserting instead of the words “the said company shall within one year after the passage of this ordi- nance, commence the construction of said gas works” the words “the said company shall within two years from June 18, 1895, commence the construction of said gas works.” 1146. No new bond required.] § 2. No new bond shall be required from said company. 1147. When in force.] § 3. This ordinance shall take effect and be in force from and after its passage. PARKS, ETC. An Ordinance providing for the appointment of Park Commissioners for the Springfield City Park. [Passed August 7, 1893. Approved August 16, 1893.] Be it ordained by the City Council of the City of Springfield: 1148. Commissioners appointed.] § 1 . That there are hereby appointed to the office of Park Commissioners of the city of Springfield, without pay, and shall hold their said office for one, two and three years or until their successors are ap- pointed on the first Monday in May, annually. 1149. To elect president and secretary.] § 2. Said com- missioners shall elect their own president and secretary. SPECIAL ORDINANCES OF CITY. 686 1150. Commissioners to receive and hold all subscriptions, donations, etc., and to expend same pursuant to plan approved by city council.] § 3. Said commissioners by and through the city treasurer shall receive and hold for the use of the city all sub- scriptions and donations and all appropriations' by the city council for the improvement of the city park, and shall expend all such appropriations in accordance with or in pursuance of any plan which has been approved by the city council and all subscriptions and donations in accordance wfith the will or de- sire of the persons subscribing or donating the same. Providing the same has received the sanction of the city council. 1151. Commissioners to prepare plan for park.] § 4. It shall be the duty of the said commissioners to prepare and pre- sent to the city council a plan for the gradual improvement of the Springfield City Park, with such other accommodations as their judgment may suggest. 1152. To have entire control, subject to city council.] § 5. Said commissioners in all matters not passed upon by the city council shall have the entire control of the parks be- longing ‘to the city, subject however, to the approval or dis- approval of the city council, and they shall present to the city council at its last regular meeting in each year, a detailed report of their action for that year, showing the amount appropriated by the council, the amounts donated or subscribed by private parties for improvement of parks, the amount expended for specific purposes by order of the council, the amount expended in accordance with the wishes of parties making donations and subscriptions. The various amounts expended for incidental or running expenses during the year, and the amount remaining in the hands of the treasurer, whose books and vouchers shall at all times be subject to inspection of the mayor or any committee appointed by the city council. An Ordinance turning over to the Pleasure Driveway and Park District of Springfield (Illinois) and the Board of Trustees thereof full control of and jurisdiction over certain real estate required by said district, part of which is situated within the corporate limits of the city of Springfield, Illinois, as also full control of and jurisdiction over all of Williams street from Walnut street to West Grand avenue. [Passed October 7, 1901. Approved October 8, 1901.] Whereas, the Pleasure Driveway and Park District of Spring- field, has been and is legally organized under an Act of the State PARKS, ETC. 687 of Illinois, entitled, “A n act for the creation of pleasure drive- ways and park districts,” approved June 19, 1893. In force July 1, 1893, and acts amendatory thereof, and has acquired, real estate for park, boulevard and pleasure driveway purposes within Sangamon county, Illinois, and within said district a part of which is situated within the corporate limits of the city of Springfield, Illinois, and the city council of the city of Springfield, Illinois, desires to turn over and place under the control of the board of trustees of said Pleasure Driveway and Park District all of said real estate, as also all of Williams street from Walnut street to West Grand avenue in said city for the purpose of using and regulating and controlling the same by ordinance or otherwise, and for all purposes contem- plated by section seven of the act aforesaid. Now therefore, Be it ordained by the City Council of the City of Springfield: 1153. Full control and jurisdiction over lands described granted.] § 1. That full control and jurisdiction be, and is hereby granted to the Pleasure Driveway and Park District of Springfield, and the board of trustees thereof and over all of the real estate acquired by it for park, boulevard and pleasure driveway purposes, all of which is situated within said district, and a part of which is within the corporate limits of the city of Springfield, Illinois, and which is described as follows, to- wit: One hundred and fifty (150) feet on each side of the line between the north half and the south half of the southwest quarter of section 33, Township 16 North, range 5, West 3rd P. M. Sangamon county, Illinois, being 300 feet in width in- cluding Williams street and 2,680 feet in length more or less, and containing 16-16/100 acres more or less. Also the south 150 feet of that part of the northeast % of the southeast % of section 32, town 16, aforesaid containing 7.16 acres described as follows: Commencing at the southeast corner of said quarter quarter section running thence north on the section line 7.58-1 /3 chains, thence west 9.44% chains, thence south 7.58-1/3 chains to the south line of said quarter quarter section, and thence east to the beginning. SPECIAL ORDINANCES OF CITY. G88 Also the southeast ^4 of the southeast *4 of said Section 32, town 1 (> north, range 5, west of 3rd P. M. aforesaid, and all that part of the west one-half of the southeast one-fourth (*4) of said section 32 lying south of the Springfield and Jacksonville wagon road, containing 48 acres, as also the southeast *4 of said section 32 aforesaid, including full jurisdiction of and control over all of Williams street from Walnut street to West Grand avenue in the city of Springfield, Illinois, for the purpose of using and regulating and controlling the same by ordinance or otherwise, and for all other purposes contemplated by section 7 of an act of the legislature of the State of Illinois, entitled, “An act for the creation of Pleasure Driveways and Park Dis- tricts,” approved June 19, 1893. In force July 1, 1893. 1154 . When in force.] § 2. This ordinance shall be in full force and effect from and after its passage and approval by the mayor, and acceptance thereof by the Pleasure Driveway and Park District of Springfield, as expressed by ordinance of such district. An Ordinance granting to the board of trustees of the Pleasure Driveway and Park District of Springfield the control and management of a certain park in the southern part of the city. [Passed June 18, 1900. Approved June 28, 1900.] Be it ordained by the City Council of the City of Springfield: 1155 . Granting control over lands described.] § 1 . That the city of Springfield does hereby grant to the board of trus- tees of the Pleasure Driveway and Park District of Spring- field, the power and authority to control, govern and regulate the park located in the southern' part of the city of Springfield and known as lies’ Park and described as follows: Park block of Elijah lies’ subdivision of lands number three (3) located in Sangamon county and State of Illinois, and said board of trustees is hereb} r invested with all of the power and authority over and concerning said park as is granted to them by virtue of an act entitled “An act to provide for the creation of Pleasure Driveway and Park Districts,” approved June 19, 1893. In force July 1, 1893. 1156 . When in force.] § 2. This ordinance shall be in force from and after its passage. PUBLIC LIBRARY. 689 An Ordinance empowering and authorizing the Mayor to convey a certain piece of property to the * ‘Pleasure Driveway and Park District of Springfield, Illinois.” [Passed December 30, 1901. Approved January 1, 1902.] Be it ordained by the City Council of the City of Springfield : 1157. Authorizing conveyance of land.] § 1 . That the mayor be, and he is hereby authorized and empowered to exe- cute and deliver for the city of Springfield, a warranty deed to the “Pleasure Driveway and Park District of Springfield, Illinois,” for park purposes, the following described premises, to-wit : Park block of Elijah lies 5 subdivision of lands number three (3), situated in the county of Sangamon and State of Illinois. 1158. Conflicting ordinances repealed.] § 2. All ordi- nances or parts of ordinances in any way conflicting herewith are hereby repealed. 1159. When in force.] § 3. This ordinance shall be in full force and effect from and after its passage. PUBLIC LIBRARY. An Ordinance providing for the maintaining of a public library. [Passed March 18, 1901. Approved March 21, 1901.] Be it ordained by the City Council of the City of Springfield : 1160. Accepting gift of Andrew Carnegie — agreement to furnish suitable site.] § 1 . That in consideration of the generous proffer by Mr. Andrew Carnegie, in his letter of March 8th, 1901, to Mr. Edwin S. Walker, of the sum of seventy- five thousand ($75,000.00) dollars for the purpose of erect- ing a public library building in this city, the city of Spring- field hereby gratefully accepts the gift, under the terms pro- posed, and agrees to furnish a suitable site for the said build- ing, the location to be decided upon by a joint committee to consist of three members of the city council, to be appointed by the mayor, three members representing the citizens of Spring- field at large, to be appointed by the mayor, and three members of the board of directors of the public library, said site to be paid for by the citizens of Springfield. SPECIAL ORDI NANCES OF CITY. C90 1161. Guarantees appropriation of at least $7,500 annually.] § 2. That lor the maintenance of said public library the city of Springfield hereby agrees, pledges its good faith, and guar- antees the appropriation of at least seven thousand five hun- dred dollars annually for all time to come, for the mainten- ance of a free public library in said building. 1162. When in force.] § 3. That this ordinance shall be in full force and effect from and after its passage and ap- proval by the mayor. 1163. Conflicting ordinances repealed.] § 4. That all ordinances or parts of ordinances conflicting with this ordi- nance are hereby repealed. RAILROADS. ALTON AND SANGAMON RAILROAD COMPANY. An Ordinance allowing the right of way to the Alton and Sangamon Railroad Company on Third street. [Passed March 20, 1851.] Be it ordained by the City Council of the City of Springfield: 1164. Right of way in Third street its whole length — condi- tions.] § 1. The Alton and Sangamon Railroad Company 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 property on said street but their own, for sidewalks, so far as may be necessary for the construction, completion and convenient enjoyment of their railroad within and upon said street: Provided , that said company shall not erect any 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 RAILROADS. 691 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 pri- vate property by said company, and does not assume to inter- fere with any legal claim for damages which the owners of private property may at any time have against said company. An Ordinance amendatory to the ordinance allowing the right of way to the Alton and Sangamon Railroad Company. [Passed June 26, 1851.] Be it ordained by the City Council of the City of Springfield.: 1165. Culverts, bridges, etc., to be constructed under direc- tion of the city council.] § 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 com- pany, 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 direction of, the city coun- cil of said city. An Ordinance in relation to the grade of the Chicago and Alton Railroad Com pany’s track on Third street, from Capital avenue south, across South Grand avenue. [Passed September 13, 1887. Approved September 14, 1887.] Whereas, There is a controversy between the city of Spring- field, and the Chicago and Alton Railroad Company, as to what is the established grade for the track of said railroad company on Third street in said city r , from Capitol avenue, to and across South Grand avenue; therefore Be it ordained by the City Council of the City of Springfield : 1166. Grade established.] § 1 . That the grade of the track of the Chicago and Alton Railroad Company on Third street, from Capitol avenue to and across South Grand avenue, be established and declared, as shown upon the following pro- file, the elevations shown thereon being taken from the city datum or bench mark in the public square, and being the red figures and lines. The blue lines and figures show the present established line. / SPECIAL ORDINANCES OF CITY. 692 1167. Acceptance of grade shall bind the R. R. Co. to pro- tect the city against suits for damages.] § 2. Such grade shall not be binding upon the city until the Chicago and Alton Railroad Company shall give to the mayor and city council of this city their acceptance, in writing, of the provisions of this ordinance, and such acceptance shall bind the company to save the city harmless frojn all suits, claims, or damages and costs which it may sustain on account of damages done to per- sons or property, by reason of any change made by such grade. 1168. R. R. Co. shall grade street.] § 3. The company shall grade said street to their track grade, so as to be in good and safe condition for travel. 1169. Void unless accepted in 5 days.] § 4. Unless ac- cepted by the company within five days from date, this ordi- nance shall be void; 1170. When in force.] § 5. This ordinance shall be in force from and after its passage. Acceptance. Chicago, III., September 13, 1887. Hon. Chas. E. Hay, Mayor of Springfield, 111. Dear Sir — The ordinance in relation to the grade of the Chicago and Alton Railroad Company’s track, on Third street, from Capitol avenue to South Grand avenue, passed by the city council of the city of Springfield, on Sept. 13, is accepted by this company. Yours truly, C. H. Chappell, General Manager. An Ordinance approving plans for bridges submitted by the Chicago and Alton Railroad Company. [Passed June 20, 1901. Approved June 20, 1901. J Be it ordained by the City Council of the City of Springfield: 1171. Plans for bridges approved.] § 1. That the plans presented by the Chicago and Alton Railway. Company for new bridges over Capitol avenue and Dodge street be, and the same are hereby approved upon the conditions following: 1172. Acceptance binds R. R. Co. not to lay more than a double track in Third street.] § 2. By the acceptance of this ordinance said company covenants and agrees to waive all right which it may have to lay anything more than a double RAILROADS. 093 track in Third street south of Monroe street and that no other sidetrack or sub-track except such double track shall ever be laid in Third street by it south of Monroe street or between Dodge street and Black avenue, and that they will place no stand pipe or building of any kind or character within said limit. 1173. Provisions in case a double track is laid.] § 3. In case said company puts down a double track in Third street south of Monroe street, under permission of this ordinance, the ends of the ties shall be kept at least twenty feet from the property line on either side of the said street, and said com- pany shall lay and maintain at its own expense, a brick pave- ment at least fourteen feet in width on each side of its tracks in Third street from Lawrence avenue south to South Grand avenue, with proper curbing at the gutter, and they shall erect and maintain retaining walls wherever necessary on Third street and keep and maintain proper drainage and sewer in- lets wherever they run in Third street. 1174. Not to affect legal rights of property owners.] § 4. Nothing herein contained shall in any way affect any legal right which any property holder may have against said com- pany on account of their laying an additional track. 1175. Subway provisions.] § 5. Whenever the city shall obtain the consent in writing and release in full, from owners of property affected by the proposed subway or viaduct and its approaches releasing the railroad company from all claims for damages due to the construction or maintenance thereof, said company shall put in a subway at a point where Eighth street crosses the right of way and they shall do so within ninety days after the}' are notified by the city of the obtaining of the written consent and releases as aforesaid. The city expressly reserves any right it may have to require said company to construct subways at any and all crossings in Third street in said city wherever it deems the same necessary, upon securing the consent and releases in writing as above provided of the owners of all property to be affected by said subways: Pro- vided , that the company shall not be required to construct more than two subways each year. 694 SPECIAL ORDINANCES OF CITY. 1176 . Work to be done subject to approval of street and alley committee.] § 6. All work provided for in this ordi- nance shall be done subject to the approval of the street and alley committee and the city engineer. 1177 . Conflicting ordinances repealed.] § 7. All ordi- nances or parts of ordinances in conflict herewith are hereby repealed, and this ordinance shall take effect and be in force from and after its passage: Provided , that if the said com- pany shall fail to comply with the terms and provisions of this ordinance, the same shall become null and void. PAN A, SPRINGFIELD AND NORTHWESTERN RAILROAD CO. An Ordinance granting the right of way to the Pana, Springfield and North- western Railroad Company. [Passed March 3, 1869. Approved March 5, 1869.1 Be it ordained by the City Council of the City of Spring field: 1178 . Right of way allowed upon any street or avenue in the city — conditions thereto.] § 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 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 con- venient 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 com- pany shall so grade, level and bridge said street or avenue, on both sides of their track, as to be at all times conveniently passable for 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 cross- ings 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 rolling 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 RAILROADS. 695 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 person's, or the owner of private property, may have, either in the location or operation of said railroad, at any time, against said com- pany, for injury to life, health or private property aforesaid: And it is further provided , that the location of said railroad through said city shall be established, and the construction of culverts, 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 conformity to, and under the direction of, the city council of said city, act- ing 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 monuments, known as the government and sub-division corners : And provided, further, said railroad company shall be subject to the ordinances of said city relat- ing to railroads, and to such as shall be hereafter passed re- lating thereto: Provided, that if either Grand avenue shall be selected, then the track shall be located not less than six feet within the center line of said avenue, so selected. SPRINGFIELD AND ILLINOIS SOUTHEASTERN RAILWAY COMPANY. An Ordinance 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.] Whereas, The Springfield and Illinois Southeastern Rail- way Company, into which the Pana, Springfield and North- western Railroad Company has been consolidated, in pursuance 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; there- fore, Be it ordained by the City Council of the City of Springfield: 1179. Permission to construct and operate railroad on Madi- son street and Salome avenue, subject to ordinance of March, SPECIAL ORDINANCES OF CITY. (>9ay 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.] Be it ordained by the City Council of the City of Springfield: 1198. Permission to construct and use passenger depot on Madison street.] § 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 Railroad Company, and the Springfield and North- RAILROADS. 701 western Railroad 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 nse of said railroad or railroads, on Madison street, and to lay down and nse 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. 1199. Signals — penalty.] § 2. All signals on Madison street, between the east side of Third street and west side of Tenth street, shall be made by bell only; and any engineer, fire- man, or other employe or officer of either of said roads, sound- ing a whistle within the above named limits, shall be liable to a fine of fifty ($50) dollars for each and -every such offense. 1200. When in force.] § 3. This ordinance shall take effect and be in force from and after its passage. THE SPRINGFIELD AND ILLINOIS SOUTHEASTERN AND SPRING- FIELD 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.] Be it ordained by the City Council of the City of Springfield: 1201. Right of way on East Grand Avenue from the southern end thereof to north side of Madison street.] § 1. The Springfield and Illinois Southeastern Railroad Company, and the Springfield and St. Louis Railroad Company, are hereby 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 necessary 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 au- thorized to construct, maintain and operate a single track for SPECIAL ORDINANCES OF CITY. 702 the* use of both railways over and upon the parts of said avenue, hereby granted upon the following conditions : 1202. The railroad companies not released from any legal liability to property owners.] § 2. That said railway com- panies 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. 1203. Upon completion of track on East Grand Avenue, the Springfield and Illinois Southeastern Company to abandon line on South Grand Avenue.] § 3. Upon the completion of the track of said railway companies upon said E'ast Grand avenue as herein authorized, the said Springfield and Illinois South- eastern Kailway 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. 1204. 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, pre- scribed by the ordinances of said city. 1205. To level and plank road at crossing of any public highway, 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 for- ever maintain and keep such crossing in repair. 1206. Subject to all ordinances in force, or hereafter to be passed.] § 6. That in addition to the restrictions herein con- tained, said railway companies shall be subject to all ordi- nances now in force, or hereafter to be enacted in relation to the running of railroads, by the city council of said cily, and RAILROADS. 703 which are not inconsistent with the constitution and laws of the State of Illinois. 1207. Companies to file acceptance of ordinance within thirty days.] § 7. The said Springfield and Illinois South- eastern Railroad Company, and said Springfield and St. Louis Railroad Company, or either of them, shall, within thirty days from the passage of this ordinance, file with the city clerk a writ- ten 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. 1208. 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 crossings for pedestrians necessary across the track of said companies, on East Grand avenue, said companies shall erect and forever main- tain such crossings. Acceptance by railway company of the foregoing ordinance. Springfield, 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 6, 1872, granting the said railway company the right of way on East Grand Avenue in said city, from its southern end to Madison 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 said ordinance. Very respectfully yours, etc., The Springfield and Illinois Southeastern R. W. Co. By Orlando Smith, General Superintendent. An Ordinance 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 Ave- nue. tossed March 5, 1872.] Be it ordained by the City Council of the City of Springfield: 1209. Right of way on East Grand Avenue amended.] § 1. That the first section of the ordinance above named be, and the same is hereby, so amended that the' said railway com- panies and either of them, are and shall be authorized to lay down their railroad track, and maintain and operate the said 704 SPECIAL ORDINANCES OF CITY. railways over and upon said track, over and upon any part of East Grand avenue not less than twenty (20) feet from the east line thereof; subject to all the other provisions, restrictions and limitations in said original ordinance above named, provided and contained. This amendment is ganted upon the express condition that the city shall have the same right to tax the road- bed as in the oringinal ordinance. 1210. In force from passage.] § 2. This ordinance shall take effect and be in force from and after its passage. An Ordinance granting to the Chicago, St. Louis and Peoria Railway Com- pany, its successors and assigns, the right to cross North Grand Avenue, Lincoln street, Matheny and Moffitt avenues, Miller, Carpenter, Reynolds, Mason, Fifteenth and Madison streets, and also Reservoir, Division and Enterprise streets, in case the same shall hereafter be produced across the right of way of said railway company in the city of Springfield, Illinois. [Passed December5, 1890. Approved December 8, 1890.] Be it ordained by the City Council of the City of Springfield: 1211. Right granted to build track across certain streets.] § 1. That the right is hereby granted to the Chicago, Peoria and St. Louis Railway Company, its successors and assigns, to build, construct, use, own and operate its lines of railway across the following named streets and avenues in the city of Spring- field, to-wit: North Grand avenue, Lincoln street, Matheny and Moffitt avenues. Miller, Carpenter, Re}-nolds, Mason, Madi- son streets, at or near the line of Fifteenth street, and Fif- teenth street near Madison, and Reservoir, Division and Enter- prise streets in case the same shall hereafter be produced across the right of way of said railway company upon conditions in sec- tions number two, three and four of this ordinance. 1212. Railway Company to build and maintain street cross- ings.] § 2. The right of way granted in section one, of this ordinance, upon the following expressed conditions, to-wit : The Chicago, Peoria and St. Louis Railway Company, its suc- cessors and assigns, shall build, construct, and thereafter main- tain all the necessary approaches to the crossings of said railway of the several streets and avenues hereinbefore mentioned, and shall keep the same in good condition and repair, and shall construct and thereafter maintain all of the street crossings whereon said railway shall cross either of said streets or avenues. RAILROADS. 705 1213. In case city shall open certain streets, the railway company shall not object.] § 3. The privileges granted by this ordinance are upon the express condition that should the city at any future time desire to open for public use, Reservoir, Division, Enterprise or Lincoln streets, across the right of way or property of said railway company, which it now owns or may hereafter acquire, then the said company shall consent to the same without further compensation, and within ten days after notice in writing from the city of its intention to open said streets, or any of them, shall open such portion of its property as may be crossed by said streets to the public, and shall permit the city to enter upon the same for all the purposes of a public street. The right granted by this ordinance, shall be accepted by said company in full satisfaction of all compensation or damages which it otherwise might claim for the opening of said streets. 1214. Claims for damages to property shall be settled, by arbitration.] § 4. In case any person owning property shall feel that his property is damaged by the proximity of said rail- way, and is unable to make a satisfactory settlement with the officers of said railway, he may notify the mayor of this city of the amount of his damage and of his inability to make a settlement, and thereupon the mayor shall notify any legal representative of said railway company, and such railway com- pany shall appoint one person as representative of said com- pany. The city council shall select one, and these two shall select a third person, and these three shall constitute a board of arbitration, who shall have the power to decide as to the amount of damages to which the owner of said property is entitled; and the decision of such board of arbitration, if accepted by the said property owner, shall be binding upon said railway com- pany. And the said board of arbitration shall notify the mayor of their decision, and the mayor shall thereupon demand of said railway company the fulfilment of the award of said board of arbitration; and if the said railway company, after sixty days’ notice, shall fail or refuse to pay to such property owner, the amount of damages so awarded, the right acquired under this ordinance shall be thereby forfeited, and the mayor shall make proclamation of such fact, and thereafter it shall be unlawful 706 SPECIAL ORDINANCES OF CITY. for said railway company, its successors and assigns, to exercise any of the rights granted in this ordinance. 1215. When in force.] § 5. This ordinance shall take effect and be in force from and after its passage. Acceptance. Jacksonville, III., Dec. 10, 1890. Hon. Chas. E. Hay, Mayor of Springfield, Illinois: Dear Sir— I have this day received copy of the ordinance passed at a meet- ing of the city council of the city of Springfield, on Dec. 5, 1890, granting the Chicago, Peoria and St. Louis Railway, its successors and assigns, the right to build, construct, use, own and operate its line of railway across the following named streets and avenues in the city of Springfield, to-wit: North Grand avenue, Lincoln street, Matheny and MofFatt avenues, Miller, Carpenter, Rey- nolds, Mason, Fifteenth and Madison streets, Reservoir, Division and Enter- prise streets, in case the same shall hereafter be produced, across the right of way of said company, and I hereby accept this ordinance as granted, and ask that this be placed on file as this company’s acceptance of the ordinance and conditions contained therein. Wm. S. Hook, President. Marcus Hook, Secretary. ILLINOIS CENTRAL RAILROAD COMPANY. An Ordinance in relation to the Illinois Central Railroad Company. [Passed February 25, 1878. Approved February 28, 1878.] Be it ordained by the City Council of the City of Springfield : 1216. Right of way given to cross Seventh and Eighth streets with two side-tracks. § 1 . That permission is hereby, upon the conditions and for the considerations hereinafter men- tioned, granted the Illinois Central Railroad Company to cross Seventh and Eighth streets with two side-tracks, as fol- lows: 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 hundred 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, RAILROADS. 707 crossing the south half of block six and lots three and four of block one, above described 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. 1217. Company to lay and maintain plank pavement on 7th and 8th streets between the lines of their track — to allow no stock cars to be 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 consideration of and upon the express condition, that said Illi- nois Central Railroad Company shall make and maintain, at their 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 con- structing 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 track; and that wher- ever 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, adjoining all property owned or used by said railroad company. And, in addition to the restrictions and requirements aforesaid, the said railroad company shall be bound by all the restrictions, requirements and provisions of an ordi- nance of the city council of the city of Springfield, entitled “An ordinance granting the right of way to the Springfield and Illinois Southeastern Railway Company, Gilman, Clinton and Springfield Railway Company, and Springfield and North- western Railway Company,” passed March 11, 1871, and the general ordinances that are or may be passed in relation to railroads. 708 SPECIAL ORDINANCES OF CITY. 1218. Penalty for neglect or refusal by said company to comply with provisions of ordinance.] § 3. If the aforesaid Illinois Central Railroad Company, having availed itself of the permission granted by this ordinance, shall neglect or refuse to comply with any of the requirements or restrictions or pro- visions of this ordinance, or any of the ordinances before men- tioned, 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. 1219. When in force.] § 4. This ordinance shall take effect and be in force from and after its passage. An^'Ordinance giving permission to extend a switch across Eighth street, near Madison. [Passed July 1, 1889. Approved July 3, 1889.] Be it ordained by the City Council of the City of Springfield: 1220. Permit to extend switch.] § 1 . That permission is hereby given to the Illinois Central Railroad Company, to extend a switch track from the Illinois Central yards on Eighth and Madison streets, east across Eighth street to the property just east of Eighth street. 1221. How track to be laid.] § 2. Said track shall be laid within sixty-five feet of the north line of Madison street, and shall be laid in such a manner as to be level with the surface of the street, and the spaces between the rails shall be planked up level with the tops of the rails, so as not to interfere with travel across the same, and the work shall be done to the satis- faction of the street and alley committee of the city council and the superintendent. 1222. Subject to all ordinances.] § 3. The Illinois Cen- tral Railroad Company shall be subject to all ordinances of the city of Springfield, now in force or which may hereafter be passed and in force, relating to railroads, and not incon- sistent with the constitution and laws of the State of Illinois. 1223. When in force.] § 4. This ordinance shall take effect and be in force from and after its passage. RAILROADS. 709 An Ordinance granting permission to the Illinois Central Railroad Company to construct two more side-tracks across Chestnut avenue between Madison street and the alley south of Madison street. [Passed July 27, 1891. Approved July 29, 1891.] Be it ordained by the City Council of the City of Springfield : 1224. Permit to lay two more side-tracks, subject to certain conditions.] That permission is hereby given to the Illinois Central Railroad Company, in addition to the side-tracks and switches now laid down and used by said company on Madison street, between Fifteenth street and Hickox street in said city, and across Chestnut avenue, between Madison street and the alley running east and west between Madison and Jefferson streets in said city, to lay down and operate two more side- tracks across Chestnut avenue, between the said Madison street and the alley aforesaid; subject, however, to all the conditions imposed on said railroad company by an ordinance passed March 11, 1871, giving said company the right of way on Madison street east of Fifteenth street to East Grand avenue, and sub- ject to the further condition that said company shall immedi- ately, after the passage of this ordinance, grade and plank Chest- nut avenue from the north line of said alley across Madison street, and build crossings across Madison street for the accom- modation of vehicles and foot passengers, such grading and planking to be done under the supervision of the superintend- ent of streets. An Ordinance granting the Illinois Central Railroad Company permission to build a switch in Madison street from a point ten feet east of the east line of Fourth street to a point sixty feet west of the west line of Fifth street, in the city of Springfield, Illinois. [Passed December 6, 1897. Approved December 7, 1897.] Be it ordained by the City Council of the City of Springfield: 1225. Right of way granted.] § 1 . That the right is hereby granted to the Illinois Central Railroad Company to build a switch in Madison street from a point ten feet east of the east line of Fourth street to a point sixty feet west of the west line of Fifth street, said switch to be laid so that the north rail shall not be more than two feet south of the north curb of Madison street and as near as practicable to the north curb line of said Madison street. 710 SPECIAL ORDINANCES OF CITY. 1226. Company to level and plank crossing and keep same in repair.] § 2. The said railroad company shall so level and plank the switch as to afford an easy and safe crossing of the track by ordinary vehicles, and shall forever maintain and keep such planking in repair. 1227. Switch to be used only for purposes herein intended.] § 3. The above permission is granted with the understanding that it is to be used for no other purpose except for the loading and unloading of engines and other machinery for the Ide engine works, and in case the works are removed the tracks are to be torn up and the street regraded and placed in good condi- tion for travel. 1228. Track to be laid under supervision of city engineer.] § 4. The said railroad company shall lay said track under the supervision of the city engineer and street and alley committee. 1229. Cars not to remain on switch more than six hours.] § 5. The right is granted with the understanding that the uses of said track, shall not allow a car to remain on said switch more than six hours at any one time. 1230. When in force.] § 6. This ordinance shall take effect and be in force from and after its passage, and approval by the mayor. An Ordinance in relation to side-track in Madison street. [Passed September 19, 1898. Approved September 19, 1898.] Be it ordained by the City Council of the City of Springfield : 1231. Permission to lay track.] § 1 . That permission be and the same is hereby granted to the Illinois Central Rail- road Company to locate, construct, and forever hereafter main- tain and operate with steam or other power in use in railroad- ing a railroad siding, consisting of a track upon the following route in the city of Springfield: Beginning at a switch in the existing side-track at a point one foot west of the west line of Eighth street and about twenty-three feet south of the north line of Madison street, thence westwardly one hundred and fifty feet to a point which is eleven feet south of the north line of Madison street, thence west parallel with the north line of Madison street and eleven feet south of the north line thereof, RAILROADS. 711 to the east line of Sixth street, and the said side-track already constructed in Madison street just south of said proposed side- track may be moved and adjusted so that its center line shall be seventeen feet distance from and north of the center line of the main track in said street. 1232. Permission to construct platform.] § 2. That per- mission be and the same is hereby granted to the Illinois Cen- tral Eailroad Company to construct a platform in Madison street in part on its own land adjacent thereto and along, the north side thereof not less than eight feet in width, and of such h eighth that the top will be level with the floor of freight cars, when standing on the tracks adjacent thereto, extending (in- cluding steps) from Sixth street to Seventh street, for a freight platform with steps at each end thereof, so it can be used for sidewalk purposes, and to maintain the same forever at the en- tire cost and expense of said railroad company; the south edge of the said platform to be five and one-half feet north of the said north side track. 1233. To indemnify city for damages.] § 3. The permis- sion and authority hereby granted to the said Illinois Central Eailroad Company are granted upon the express condition that said company, its successors and assigns, shall forever indem- nify and hold harmless the city of Springfield against and from every and all damages, judgments, and decrees (together with the cost and expense thereof which it may suffer, or which may be obtained against said city by reason of the granting of said permission and authority or by reason of the exercise by said railroad company or its successors or assigns, of the said privileges so granted. 1234. Provision for driveway.] § 4. A strip of ground fifteen feet in width lying between the south line of the alley between said Madison street and . Mason street in said pity and the center line of the north team track shown upon the plat of said proposed side tracks, platform, freight house and team tracks of the said railroad improvement attached to this ordi- nance and made a part hereof, shall be left open for the use of said railroad company and its patrons' in using said team tracks and for a driveway for the public in connection with 712 SPECIAL ORDINANCES OF CITY. said alley, and so long as said railroad shall enjoy the privi- leges of this ordinance and will keep the same as well paved and with same material that the city shall keep the said alley paved with. 1235. Sidewalk to be constructed.] § 5. Said railroad company shall also construct a first class concrete sidewalk, six feet wide, on the proper city grade along the west side of its said premises, on the east side of Sixth street, from said Madison street north to the said alley, except where its drive- ways to its team tracks shall enter thereon over the sidewalk for crossings, at which the same shall be constructed of pav- ing brick laid in the usual manner of paving streets in said city. 1236. To accept within thirty days.] § 6. The said rail- road company shall notify the city of Springfield of its accept- ance of this ordinance within thirty days from and after its passage. 1237. When in force.] § 7. This ordinance shall be in force from and after its passage. Acceptance. Illinois Central Railroad Company, President’s Office. Chicago, October 8, 1898. Hon. L. E. Wheeler, Mayor City of Springfield, 111. : Dear Sir— For and on behalf of the Illinois Central Railroad Company, the ordinance passed by the city council of the city of Springfield, Sept. 19, 1898, and approved by the Mayor, Sept. 27th, 1898, entitled “An ordinance in relation to a side-track in Madison street, ” is hereby accepted. May I ask that you will be kind enough to acknowledge the receipt of this letter? Truly yours, Stuyvesant Fish, President. An Ordinance in relation to the extension of a switch track on Madison street across Sixth street, of the Illinois Central Railroad Company. [Passed March 18, 1901. Approved March 21, 1901.] Be it ordained by the City Council of the City of Springfield: 1238. Permission to extend switch track.] § 1. That permission is hereby granted to the Illinois Central Railroad Company to extend their track known as house track number two across Sixth street to a point one hundred feet west of the RAILROADS. 713 •east line of the lot line of Sixtli street, on the south side of the Stacy-Herbst Grocery Company’s building. Said track to be laid according to plat and grade of street and blue print now on file in the city engineer’s office. 1239. Company to plank switch.] § 2. That the con- ditions of this ordinance shall be that the railroad company he required to plank the proposed extension and that the track shall be so laid so as not to obstruct the flow of water in the street. This ordinance to take effect and. be in force from and after its passage. •OHIO AND MISSISSIPPI RAILWAY COMPANY — RIGHT OP 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.] Be it ordained by the City Council of the City of Springfield : 1240. The railway company given permission to construct and maintain side-track on Madison street from west line of Second to west line of Rutledge street.] § 1 . That permis- sion and consent is hereby given to the Ohio and Mississippi 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 north line of said side-track shall not be less than fourteen feet. 1241. Permission granted subject to certain, conditions.] § 2. The permission aforesaid is given and granted to said company subject to all the conditions imposed by the ordi- nance of the city council passed March 11, 1871, and the amend- ments thereto, passed September 5th and December 9th of that SPECIAL ORDINANCES OP CITY. 714 year, granting the right of way to the Springfield and Illinois Southeastern Hailway 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 Hailway Company from any con- ditions heretofore imposed by any ordinance relative to repair- ing 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 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 Madi- son street, that said company shall grade that portion of Madi- son 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 sidewalk on the north side of Madison street up to a level with the grade of said main and side-tracks, using for said purpose cinders and such other ma- terial as w T ill make a good and convenient roadway for the pas- sage 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 Madison street on the north side of said side-track, and the south line of the sidewalk on the north side of said street, between the west line of Klein street and the west line of Eutledge street. Fourth — That said company shall plank that portion of Madison street south of the north rail of their main track to RAILROADS. 715 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 con- venient crossings, with necessary approaches thereto, at the in- tersection 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 connecting 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 Rut- ledge 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 Mad- ison 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 pursuance 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. 1242. In case of company failing to comply with conditions, the city council may revoke the permission herein granted, etc.] § 3. In case the said railway company, or their assigns, shall 71C SPECIAL ORDINANCES OF CITY. 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 company shall, within thirty (30) days after the service of notice of such revo- cation, 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 company, or their assigns, or recovered by suit, in the name of the corporation, before any court of competent jurisdiction. 1243. Cars or locomotives not to stand on side-track, ex- cept when 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 switch- ing 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. 1244. 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 Con- stitution and laws of the State of Illinois. 12441/2. When ordinance to take effect.] § 6. This ordi- nance 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. RAILROADS. 717 Acceptance of the foregoing ordinance , by railway company : Ohio and Mississippi Railway Co., Division Sup’t’s Office, 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 trac£ 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 ordinance. Yours truly, C. M. Stanton, Div. Sup’t Ohio and Miss. R. R. Co. An Ordinance granting the Capital Coal Company the right to connect with the Ohio and Mississippi Railroad track. [Passed July 5, 1887. Approved July 6. 1887.] Be it ordained by the City Council of the City of Springfield : 1245. Permit to connect switch with 0. & M. R. R. track.] § 1. That permission be, and is hereby given to the Capital Coal Company to connect a 'switch with the track of the Ohio and Mississippi Railroad, at two points on said railroad track : Provided that said connection shall be made on the east side of said track, and both connections shall be made between Cook and Washington streets and north of Edwards street to 170 feet south of Washington street. 1246. May occupy part of East Grand Avenue.] § 2. That for the purpose aforesaid the said Capital Coal Company shall have the right to use and occupy so much of East Grand avenue as may be necessary to connect said switch as aforesaid and to run cars on said switch to and from said railroad. Acceptance. Springfield, III., July 12, 1887. Hon. Chas. E. Hay, Mayor of Springfield, 111.: Dear Sir— I am instructed by my company to notify you that the ordinance in regard to laying a switch on East Grand avenue, between Cook and Washing- ton streets, as passed by the city council on July 5, 1887, and approved by your Honor on July 6, 1887, has been accepted on our part. Capital Coal Co. By James Walsh, Secretary 718 SPECIAL ORDINANCES OF CITY. An Ordinance authorizing the Ohio and Mississippi Railway Company to con- struct a side-track connecting with their switch, known as the “Capital Coal Mine track,” in F2ast Grand avenue. IPassed August 7, 1890. Approved August 8, 1890.] Be it ordained by the City Council of the City of Springfield : 1247. Permits 0. & M. Ry. Co., to build and use a switch track on East Grand Avenue.] That consent and permission is hereby given to the Ohio and Mississippi Railway Company to construct and operate a switch track in that portion of the east twenty feet of East Grand Avenue, lying between the south line of Capitol Avenue produced, and a point in the center line of the Ohio and Mississippi Railway Company’s switch to the Capital Coal Mine, thirty-five feet south of the south line of Capitol Avenue produced. And said switch is to be built from thence over and upon the lands of the Springfield Boiler and Manufacturing Company, situated on the northeast corner of East Grand Avenue and Capitol Avenue produced. An Ordinance granting permission to the Ohio and Mississippi Railway Com- pany to construct, maintain and operate a side-track as therein described. [Approved September 12, 1884.] Be it ordained by the City Council of the City of Springfield: 1248. Permits 0. & M. Ry. Co., to lay and use a side track on Third street.] § 1 . That permission and consent is hereby granted to the Ohio and Mississippi Railway Company, to con- struct, maintain and operate a side track, commencing on the premises of said railway company, on the west side of Third street, at the intersection of Third street and the north line of the alley between Madison and Jefferson streets, and run- ning thence southwardly west of the center line of Third street, across Jefferson street, and to the north line of Washington street. The said side track shall be used in no case except for the purpose of reaching the elevator of the Elevator Milling Company, either for loading or unloading cars for said railroad company : Provided , that said city does not assume to make compensation for any injury which may be done by said com- pan}' to private property, and does not assume to interfere with any claim for damages, which the owners of private property may have on account of the construction, maintenance or operation of said side track. HA l LUO A US. ns 1 2481/2 • When in force.] § 2. This ordinance shall take effect and be in force from and after its passage. An Ordinance granting to the Capital Coal Company the right to construct a railroad switch from its works to the Illinois Central Railroad. [Passed June 5, 1893. Approved June 15, 1893.] Be it ordained by the City Council of the City of Springfield: 1249. Permission to construct switch to connect with Illi- nois Central Railroad.] § 1. That permission be, and is hereby granted to the Capital Coal Company to connect its works by a railroad switch with the Illinois Central Railroad; and for this purpose said Capital Coal Company is hereby au- thorized to occupy and use a right of way not exceeding twenty feet in width, over and along the east side of East Grand avenue in the city of Springfield, extending from the south side of Capi- tol avenue to the south side of Adams street. 1249V2. Granted right to run cars over said switch.] § 2. That for the purpose of conducting the business of said com- pany said Capital Coal Company shall have the right to run cars over and along said switch to and from said Illinois Cen- tral Railroad. An Ordinance to amend an ordinance entitled “An ordinance granting the Capital Coal Company the right to construct a railroad switch from its works to the Illinois Central Railroad, passed June 5, 1893, approved June 15, 1893, so that the same will read and be as follows: [Passed September 7, 1897. Became valid without approval of the Mayor.l Be it ordained by the City Council of the City of Springfield: 1250. Permission to company to connect works with I. C. R. R.] § 1 . That permission is hereby granted to the Capital Coal Company to connect its works by a railroad switch with the Illinois Central Railroad and for this purpose said Capital Coal Company is hereby authorized to occupy and use a right of way not exceeding twenty feet in width over and along the east side of East Grand avenue in the said city of Springfield, extending from the south side of .Capitol avenue to the south side of Madison street. 1251. May run cars over said switch.] § 2. That for -the purpose of conducting the business of said Capital Coal Company, the said company shall have the right to run cars 720 SPECIAL ORDINANCES OF CITY. over and along said switch to and from said Illinois Central 11 ail road. 1252. When in force.] § 3. This ordinance shall take effect and be in force from and after its passage. An Ordinance granting permission to the Ohio and Mississippi Railway Com- pany to construct, operate and maintain a railroad track across certain streets and alleys of the City of Springfield. [Passed March 6, 1893. Approved March 8, 1893.] Be it ordained by the City Council of the City of Springfield: 1253. Permission to construct and operate railroad.] § 1. That permission is hereby granted to the Ohio & Mississippi Railway Company to construct, operate and maintain a single line of track of railway in said city, with all necessary switches and facilities for operating the same, from a point on West Grand avenue inside city, north of where the Ohio & Mississip- pi’s Railway track now crosses West Grand avenue, over and across the streets and alleys of said city in a southeasterly di- rection to a point where the main track of the Ohio & Mis- sissippi Railway now crosses the north line of Madison street, west line of Second street, and substantially as shown on the plat, showing their proposed route or line to be filed in the of- fice of the city clerk and made a part of this ordinance. 1254. Conditions, grade at crossings.] § 2. One of the conditions made by the city and accepted by the Ohio & Missis- sippi Railway Company in availing itself of the benefits of this ordinance is that the track shall be placed at such grade at its crossing at West Grand avenue, that there shall be an under track crossing of at least fourteen feet in height in the clear above the town branch sewer, and at least fourteen feet in the clear between bents of said under track. Crossing shall extend the full width of West Grand avenue. A further condition made by the city and accepted by the company is that in construct- ing its track either inside or outside of the city, it will in no way interfere with, obstruct, change the course of nor alter the branch or stream commonly known as the town branch, or the sewer therein laid known as the town branch sewer. § 3. At the point where the track of said company is built over and across Mason street, Reynolds street and Miller street, the grade of the track shall be of such height as to allow an RAILROADS. 721 under track crossing of a height of at least fourteen feet in the clear, and the space between bents shall be at least fourteen feet in the clear, and the bents shall be set parallel with the lines of the street. Said company shall make and maintain such under crossings the full width of the street. 1255. Paving, grading and supports under track.] § 4. In case any of the streets, alleys or avenues crossed by said tracks are ordered paved by the city, all the work of paving under the track or across the right of way and all work of grading shall be done by said company, and in case any of the streets or avenues on which there are under track crossings shall be paved, then the bents, supports or pillars holding up the tracks shall be placed at either side of the pavement so that the whole width of the pavement shall be clear of obstruction. 1256. Sidewalks.] § 5. Said company shall build across and under its tracks or right of way, sidewalks of such mate- rial, width and character as the city council may order, and keep the same in good order and proper repair. 1257. Survey and profile.] § 6. When said company shall decide upon its exact route, and the grade at which it may wish to construct its track, it shall before it begins work, file with the city clerk a complete survey and profile of its track, its loca- tion and grade, and the manner in which it proposes to cross all the streets and alleys in said city, and no work shall be done until such survey and profile shall be approved by the city en- gineer. 1258. Crossings.] § 7. Said railway company shall cause all crossings, either under or over its track, to be placed and kept in good condition and safe for crossing the entire width of the street, and so as to furnish easy access for teams and vehicles. 1259. Shall allow other railroad companies to use track.] § 8. It is made obligatory on said company to allow any rail- way company desiring to enter the city on, or pass through or out of the city on said track, to have the use of the same upon proper, reasonable, just and equitable terms, and in case proper compensation cannot be agreed on between this company and the one desiring the use of its tracks, the proper amount of 722 SPECIAL ORDINANCES OF CITY. compensation and terms of use shall be determined and fixed by a board of arbitration as follows: One party shall be selected by the Ohio & Mississippi Railroad Company, one party by the company desiring to use its track, and the city council shall select one of its members as the third arbitrator and the decision of these three persons, or a majority of them shall be held and taken hy both said parties as the proper amount of compensation and the manner of use by both of said parties of said track, and the final report and decision of said arbitrators shall be reduced to writing signed by the arbitrators and reported to the council and spread upon the records. 1260. Obligations imposed herein shall be taken as condi- tions precedent.] § 9. All the obligations imposed on the Ohio & Mississippi Railroad Company by this ordinance shall be taken and accepted by it as conditions precedent to their tak- ing the privilege herein given and as a public duty on the part of said company, which may be enforced by actions of man- damus, or in any other mode provided by law. 1261. Not to annul powers of city council.] § 10. The granting of the privileges given in this ordinance shall not in any way abridge or annul any of the powers by law given to the city council as to the regulations of railroads within said city, nor shall it in any way render the city liable for any dam- ages done to private property by the construction of said rail- road. 1262. Ordinance to be void if not accepted within thirty days.] § 11 . This ordinance shall become null and void unless the said Ohio & Mississippi Railroad Company shall within thirty days from the passage and approval of this ordinance, and notice to them thereof, file with the city clerk a written acceptance of the conditions and provisions of this ordinance with a pledge that it will faithfully comply therewith, and then within two years after the acceptance of this ordinance begin said work and finish the same to the ‘intersection of Madison and Second streets. 1263. Subject to existing ordinances.] § 12. The above grant or permission is given subject to all existing ordinances RAILROADS. 723 of said city, and to the requirements of any that may be here- after passed in relation to railroads in the city of Springfield. 1264. When in force.] § 13. This ordinance shall be in full force from and after its passage. Acceptance. Office of Ohio and Mississippi Railway Co. President’s Office. Cincinnati, March 7, 1893. To the Honorable Mayor and City Council of the City'of Springfield: Gentlemen— You are hereby notified that the Ohio and Mississippi Railway Company accepts the ordinance passed by your honorable body on the 6th day of March, 1893, authorizing said railway company to build a railway track, with all necessary switches and facilities from a point in the west line of West Grand ave- nue,, between Miller street and Dorian avenue, thence in a southeasterly direction to the point where the main track of said railway crosses the north side line of Madison street, and also a track along the south side of Madison street between the west line of Second street and the west line of Cox street. Frank W. Tracy, Pres, of the O. & M. Ry. Co. An Ordinance in relation to the St. Louis and Chicago Railway Company. [Passed February 28, 1887. Approved March 2, 1887.] Be it ordained hy the City Council of the City of Springfield: 1265. Permit to the said company to build and use a main track along and across certain streets.] § 1 . That permis- sion is hereby, upon the conditions, and for the consideration herein after mentioned, granted the St. Louis and Chicago Railway Company, to construct, maintain and operate a main track in said city, as follows: Entering said city on East Grand avenue south of Cook street with a curve, the center line of their track being not at any point more than eleven feet from the center line of the present location of the Ohio and Missis- sippi railroad track, and running thence north (keeping the center line of their track within eleven feet of the center line of the track of the Ohio and Mississippi’s track as now located) , across the streets and alleys of the city, to the north side of Madison street. 1266. Permission granted to lay and use side-tracks.] § 2. Said railway company may, subject to the restrictions hereinafter contained, construct, maintain and operate, between Cook and Madison streets, such side-tracks as may be necessary. 724 SPECIAL ORDINANCES OF CITY. on the west side of its main track to and upon any property it may there acquire, and may cross the streets and alleys with such tracks in going from one piece of property to the other. 1267. Must maintain a public roadway twenty feet wide, west of its tracks, from Cook street to Washington street.] § 3. Said railway company shall procure such a width of right of way from the adjoining property on the west that it can ever keep and maintain on the west side of its most westerly track or switch a public roadway at least twenty feet in width from Washington street to Cook street. Said roadway shall be filled in with stone Macadam or other solid roadway material, so the same shall at all times be in good condition for public travel. 1268. Shall maintain a public roadway, forty feet wide, between Washington street and Clear Lake road.] § 4. Said railway company shall procure sufficient right of way be- tween Washington street and the north side of the public high- wa} r , known as Clear Lake road, to construct, keep up and main- tain a public road or passage way for the space of forty feet west of the west line of East Grand avenue, and they shall ever keep, and maintain the same in a suitable condition for public travel, either by putting in a flooring over said space of forty feet in width, from the north side of the Clear Lake road south to connect with the Washington street pavement, or by filling the same in with stone Macadam, or other roadway material. 1269. Shall maintain proper grade and crossings.] § 5. Said company shall so grade and level all of the streets passing over their main or side tracks, in such a manner that they shall be convenient^ passable for teams, wagons or carriages, and they shall put at all crossings planking on the whole space within the rails, and on the outside to the outer end of the tie of a thickness equal to the heighth of the rails, and they shall always keep them in such condition. It shall also construct and keep in repair and clear from mud, suitable crossings for foot passengers, and shall not, in any way, obstruct any culverts or ditches, but shall always maintain the proper drainage for its track and the roadway hereinbefore provided for. RAILROADS. 725 1270. To build railway shops.] § 6. Said railway com- pany is to build its railway shops, and ever after maintain the same, upon its property in the city of Springfield, within the next five years from the passage of this ordinance. 1271. Time of grant.] § 7. The right granted by the foregoing section shall cover the period of forty years. 1272. When ordinance to be in force.] § 8. This ordi- nance shall take effect and be in force from and after its passage and acceptance by the said railway company, which acceptance shall be made within thirty days from the passage of this ordi- nance, and be in writing, and shall be entered upon the journals of the city council. Acceptance. Office of the St. Louis and Chicago Railway Company, Springfield, III., Mar. 3, 1887. To the Mayor and City Council of the City of Springfield: Gentlemen— You are hereby notified that the St. Louis and Chicago Railway Company accepts the ordinance passed by your honorable body, on the evening of February 28, 1887, granting the said railway company the right of way for lay- ing track on certain streets and alleys in said city, and they will proceed with the construction of their road in accordance with the terms of said grant, and will in every respect comply with the provisions of said ordinance. Yours very respectfully, St. Louis & Chicago R. W. Co., By D. L. Wing, President. An Ordinance granting permission to the St. Louis, Alton and Springfield Railroad Company to construct, operate and maintain a railroad track across and along certain streets and alleys of the city. [Passed October 11, 1889. Approved October 15, 1889.] Be it ordained by the City Council of the City of Springfield: 1273. Permits St. L., A. & S. R. R. Co., to build and use a single track on Mason and Madison streets.] § 1 . That permission is hereby given to the St. Louis, Alton and Spring- field Railroad Company to construct, maintain and operate a single track line of railroad in said city, from a point on West Grand avenue, in said city, at or near the intersection of Mason street, thence easterly along the center of Mason street to a point about three hundred feet west of Walnut street, thence in a southeasterly direction across Walnut street and Salome avenue to Madison street, substantially as shown upon the plat show- SPECIAL OHD I NANCES OF CITY. 72 G ing their proposed route or line now on file in the office of the city clerk, and made part of this ordinance, thence along Madi- son street to the city limits at East Grand avenue, with the right to construct, operate and maintain the necessary side- tracks and switches connecting the main track along the line with passenger and freight depots, round-houses and repair shops: Provided , no switch or side-track shall cross any street running north and south without first having obtained per- mission of the city council so to do. Said railroad company shall not lay the outer rail of said track, or any switch, along Madison street nearer than twenty-four feet from the boundary line of any lot that fronts on Madison street without written consent of the property owner. 1274. Conditions.] § 2. One of the conditions made by the city and accepted by the St. Louis, Alton and Springfield Railroad Company in availing itself of the benefits of this ordi- nance is, that the track shall be laid at grade where it crosses West Grand avenue. There shall be an under track crossing of at least fourteen feet in height in the clear, where the track crosses Walnut street and Salome avenue, the crossings to be the full width of the street, and the spans across the centers of said streets shall be not less than thirty feet in the clear be- tween the pillars or bents, measured at right angles to the line of said streets ; and all abutments, pillars, or bents shall be made to set parallel with the lines of the streets crossed. A further condition made by the city and accepted by the rail- road company is, that in constructing their track, either in- side or outside of the city, they will in no way interfere with,, obstruct, change the course or alter the branch or stream,, commonly known as the Town Branch, or the sewer therein laid,, known as the Town Branch Sewer. 1275. Paving, grading and supports under track.] § 3. In case the streets, alleys or avenues are ordered paved by the city, all the work of paving under the tracks or across the right of way, and all w r ork of grading, shall be done by said com- pany, and in case any of the streets or crossings on which there are under track crossings shall be paved, then the bents, sup- ports or pillars holding up the track shall be placed at either RAILROADS. 727 side of the pavement and t parallel with the street so that the whole width of the pavement shall be clear of obstruction. 1276. Sidewalks.] § 4. Said company shall build, across or under their track and right of way, and across the street and street crossings, sidewalks of such material, width and charac- ter as the city council may order, and keep the same in good, safe and proper repair. 1277. Survey and profile.] § 5. When said company shall decide upon their exact route and grade at which they wish to construct their track, they shall, before beginning work, file with the city clerk a complete survey and profile of their pro- posed track, its location and grade, and the manner in which it proposes to cross all streets and alleys of the city, and no work shall be done until such survey and profile are approved by the city council. 1278. Crossings.] § 6. Said railroad company shall cause all crossings, either under or over their track, to be placed and kept in good and safe condition for crossing the entire width of the street, and so as to furnish easy access for teams and vehicles. 1279. Shall allow other railroad companies to use its track.] § 7. It is made obligatory upon said company to allow any railroad company, desiring to enter the city, or pass through or out of the city on said track, to have the use of the same, upon proper, just, reasonable and equitable terms ; and in case proper compensation cannot be agreed upon between this company and one desiring to enter or use their track, the proper amount of compensation and terms of use shall be determined and fixed by a board of arbitration as follows : One party shall be selected by said St. Louis, Alton and Springfield Railroad Company, and •one by the road desiring to use the track. If these two arbitra- tors fail to agree, they shall select a third party, and the decision of these three persons, or a majority of them, shall be held and taken by both'parties as. the proper amount of compensation and manner of use. Each company on selection of an arbitrator, shall give the council written notice of his' selection, and if they select a third party they shall so report to the council, and the final decision and report of said arbitrators shall be reduced to writing, signed by the arbitrators, and reported to the council SPECIAL ORDINANCES OF CITY. 728 and spread upon its records. In casc^the two cannot agree upon a third party, they shall make report to the council of their inability to agree, and the council shall select a third arbitrator. 1280. Obligations imposed herein shall be taken as con- ditions precedent.] § 8. All the obligations imposed upon the said St. Louis, Alton and Springfield Railroad Company, by this ordinance, shall be taken and accepted by it as conditions precedent to their taking the privileges herein given, and as a public duty on the part of said company, which may be enforced by mandamus or in any other mode provided by law. 1281. City not to be liable for damages.] § 9. The granting of the privileges given in this ordinance shall not in any way abridge or annul any of the powers, by law given, to the city council as to the regulation of railroads within the city, nor shall it in any way render the city liable for any damages dono to private property by the construction' of said railroad. 1282. Damages to be settled by arbitration.] § 10. Be- fore the company shall oblige any individual property owner to institute suit to recover damages on account of construction of its track within the city limits, it shall attempt to secure settle- ment by arbitration, by giving legal notice to property owners along said streets, at least ten days before any work is done on said streets by said railroad company. If the company and property owners cannot agree, then the company shall make written propositions to the property owners to submit the ques- tion to disinterested parties — arbitrators, and if the property owners shall not within ten days make written acceptance of the offer to arbitrate, the company shall be released from any obligation to arbitrate. One arbitrator shall be chosen by the 'company, in case arbitration is acceptable, and one by the pro- perty owners, and in case they cannot agree they will choose a third. If they fail to agree the council, on notice, shall appoint him, and the decision of a majority of the arbitrators shall be binding. The object of this section is to prevent private in- dividuals from being pushed to suits in case they are damaged and willing to settle. 1283. This ordinance to be void if not accepted within thirty days.] § 11. This ordinance shall become null and RAILROADS. 729 void unless said St. Louis, Alton and Springfield Railroad Com- pany shall, within thirty days from the passage and approval of this ordinance and notice to them thereof, file with the city clerk a written acceptance of the provisions and conditions of this ordinance, with a pledge that it w T ill faithfully comply there- with, and then within one year after acceptance of this ordinance begin said work and finish the same by two years from date. 1284. When in force.] § 12. This ordinance to be in effect from and after its passage. Acceptance. Bluff Line, St. Louis, Alton and Springfield Railroad, Springfield, III., Nov. 6, 1889. Hon. Chas. E. Hay, Mayor of City of Springfield, Springfield, 111.: Dear Sir— This company hereby accepts the ordinance passed by the coun- cil of the city of Springfield, Oct. 11, 1889, and approved Oct. 15, 1889. Yours truly, H. A. Fisher, General Manager. An Ordinance granting to the Springfield & Decatur Railway Company the right to lay its track across Eleventh street. [Passed December 9, 1901. Ap- proved December 9, 1901.] Be it ordained by the City Council of the City of Springfield : 1285. Permission to lay single track.] § 1. That per- mission and authority is hereby given to the Springfield and Decatur Railway Company to lay a single track of railway across Eleventh street in the city of Springfield, with the center line at a point three hundred and forty-five and one-half feet south of the south line of Black avenue. 1286. Street to be restored to good condition for travel.] § 2. Said company shall restore said street to a good and proper condition for travel and shall properly grade its track along the same from one side of the street to the other, put in proper culverts and drains and build crossings for foot passengers on either side. They shall also plank the entire width of the street between the rails of the track and one foot on the out- side thereof and keep and maintain the same in proper condi- tion and do such things in relation to keeping the crossings in proper condition for travel as the city council may require. —25 SPECIAL ORDINANCES OF CITY. 730 1287. Rights subject to general ordinances.] § 3. The rights hereby granted shall be subject to all general ordinances of the city now in force or which may hereafter be passed in relation to railroads. 1288. When in force.] § 4. This ordinance shall be in force and take effect from and after its passage. An Ordinance granting the right of way to the Springfield Iron Company for a railroad switch or side-track across North Grand Avenue and the Waterworks land. [Passed October 3, 1871. Approved October 4, 1871.] Be it ordained by i he City Council of the City of Springfield: 1289. Right of way for railroad switch, etc. — company to erect and maintain fence.] § 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 railroad 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 construct and operate a railroad switch or side-track across and over said tract of land, to cross the said North Grand avenue 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 purposes afore- said. 1290. When in force.] § 2. This ordinance shall take effect and be in force from and after its passage. STREET 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.] 1291. Corporation created — power and authority.] § 1. Be it enacted by the People of the State of Illinois , represented STREET RAILWAYS. 731 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 inci- dent to corporations, for the purpose hereinafter mentioned. 1292. 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 city of Spring- field, and in, on, over and along such street or streets, high- way or highways, within the present or future limits of the city of Springfield. 1293. 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 corporation may direct. 1294. 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 of- ficers 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 man- ner as the said corporation shall, by its laws, prescribe. The said directors shall hold their office until their successors are elected and qualified, and may fill any vacancy which may hap- pen in the board of directors, by death, resignation, or other- wise. They may also adopt such by-laws, rules and regula- tions, for the government of said corporation, and the manage- ment of its affairs and business, as they may think proper, not inconsistent with the laws of this State. SPECIAL ORDINANCES OF CITY. 732 1295. Railways may be extended — taking property there- for.] § 5. The said corporation is hereby authorized to ex- tend 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 corpora- tion 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 entiled “An act to amend the law condemning right of way, for purposes of internal im- provement, ” 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 incorpora- tions,” approved November 5th, 1849, ascertaining and making recompense for all damages sustained, agreeable to the provis- ions of the act hereinbefore first mentioned. 1296. May use any highway in the county.] § 6. The said corporation is hereby authorized to lay down and maintain its said railway or railways, in, upon, over and along any com- mon highway in said county, but in such manner as not to ob- struct 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 cor- poration may take, hold, mortgage and convey real estate. 1297. This act a public act, etc.] § 7. This act shall be deemed a public act, and noticed by all courts as such without pleading and shall take effect from its passage. An Ordinance 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, I860. Approved March 29, 1866.] Be it ordained by the City Council of the City of Springfield : 1298. Company authorized to construct a track to Oak Ridge Cemetery.] § 1 . The Springfield Horse Railway Com- pany 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 STREET RAILWAYS. 733 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. 1299. 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 obstructed, 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 ob- struct the passing, crossing or traveling of said street by other vehicles. 1300. Rights reserved by city — removal of track for im- provements in streets.] § 3. The city of Springfield reserves the right to take up and remove the rails of said company, when- ever it shall be necessary for the repair and improvement of the streets, or for the laying of water or gas pipes, or for the con- struction of sewers, or for other purposes, on the streets on which said roads may be laid, and such improvements 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 ex- pense. 1301. Grading — water courses — planking and street cross- ings to be re-laid.] § 4. Said company shall do all the neces- sary 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. 1302. Liability of company for damages.] § 5. The said railway company shall, in all cases, be legally liable for all in- juries and damages resulting to any person through carelessness or negligence of any person operating or employed on said road. SPECIAL ORDINANCES OF CITY. 734 1303. 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, concerning street railroads. 1304. Other rights reserved by 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. 1305. How road to be 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 reasonable times, for the use of the public, and each passenger may be required to pay a fare not exceeding ten (10) cents, from Market street to Oak Bidge Cemetery. 1306. In force twenty-five years.] § 9. This ordinance shall be and remain in force twenty-five years from and after its approval. An Ordinance to authorize a horse railway. [Passed August 7, 1865.] Be it ordained by the City Council of the City of Springfield: 1307. Certain persons authorized to build a railway on certain streets.] § 1. There is hereby granted to Jesse K. Dubois, John Williams, D. L. Phillips, Edward L. Baker, 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. Cul- lom, Erastus Wright, and such other persons as may hereafter become associated with them, and to their executors, administra- tors 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. STREET RAILWAYS. 735 1308. Grade — not to be changed, etc.] § 2. The said railway 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. 1309. Track to be 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 can easily and freely cross said track at any and all points thereof, with the least obstruction possible. 1310. 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 company. 1311. 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 construc- tion of said railway shall be commenced within six months, and fully completed within one year from the passage hereof, unless the city council shall extend the time. An Ordinance amendatory of the ordinance allowing the right of way to the Capital Horse Railway Company. [Passed November 6, 1865.] Be it ordained by the City Council of the City of Springfield : 1312. Right of way on east Monroe street.] § 1. That the ordinance in relation to the Capital Railway Company, al- lowing said company the right of way over certain streets in the •city, passed August 7, 1865, be so amended as to grant said company the right of way over and upon Monroe street to its eastern limit. An Ordinance granting to the Springfield City Railway Company the right to cross South Grand avenue at Eighth street. [Passed August 16, 1890. Ap- proved August 18, 1890.] Be it ordained by the City Council of the City of Springfield: 1314. Permit to extend track across South Grand avenue.] § 1. That permission is hereby given to the Springfield City Railway Company to extend its track from its present ter- minus, on South Eighth street, across South Grand avenue to the southern limits of the city, and connect with its track on 730 SPECIAL ORDINANCES OF CITY. Eighth street, in village of South Springfield, south of south line of South Grand avenue. 1315. When in force.] § 2. This ordinance shall take effect from and after its passage. An Ordinance granting to the Springfield City Railway Company the right to construct and operate an electric street railway Over certain streets in the city of Springfield. [Approved January 20, 1890.] Be it ordained by the City Council of the City of Spring field : 1316. Permit to operate its lines of railway by electric power.] § 1. That in addition to the rights and privileges now owned and held by the Springfield City Railway Com- pany, and subject to the provisions and regulations herein- after made, and to existing ordinances of said city, and all reasonable ordinances that may be hereafter passed concerning streets and street railways, there is hereby granted to said com- pany,- its successors and assigns, the right and authority to operate its lines of railway by electric power, and said com- pany shall, at all times, operate its lines so as not to obstruct the public use of said streets. 1317. Permit to erect poles and wires.] § 2. To enable said company to operate by electricity, it is hereby authorized to erect suitable trimmed and pointed poles and supports along each side of the streets, from the generator or power station or stations or car houses, to and along the line of said railway, and to connect the poles and supports by such wires as may be necessary for the transmission of power, and the successful operation of said railway. Selected straight cedar poles shall be used of uniform size, about seven inches in diameter at the top end, and ten to twelve in diameter at the ground line. All poles shall be dressed smooth and straight and neatly rounded or pointed at the top end, and set perpendicular in straight align- ment with the street curbing. 1318. Provisions in regard to poles and wires.] § 3. The said wires shall be suspended not less than eighteen feet above the rails, and no other person or companies shall place any wires beneath the wires of said company in such a way as to obstruct the ' practical operation of its road, and the poles shall be placed not less than one hundred feet apart, except at the STREET RAILWAYS. 737 intersection of streets and avenues, where said distance will place the poles in the intersecting streets or avenues. Said poles shall, at all times, be kept neatly painted : Provided , that where necessary to set poles inside the fire limits, the same shall be of iron. That nothing herein shall preclude said company using poles already erected. Said poles shall be erected under the direction of the city — through its street and alley committee or proper officers. The supporting wires, guard wires, and fix- tures comprising the overhead construction, shall be of a neat design, and put up and constructed in a uniform, neat, and sub- stantial manner. 1319. Penalty for removing or breaking wires.] § 4. Any person other than an officer or employe of the city, who shall willfully remove or break any of -the wires used by said railway company in the operation of its railway, shall be fined in a sum not to exceed two hundred dollars for each wire or part of wire removed or broken. 1320. Tracks must conform to grade.] § 5. If, at any time, the city shall establish a grade on any street or avenue, used or occupied by the track or tracks of said company, or should change the grade already established, the said railway company, its successors and assigns, shall raise or lower its grade to conform to said grade, when notified so to do by the city council or city engineer, at its own cost and expense. 1321. Provisions in regard to paving.] § 6. All streets, when the same or any part thereof, shall be ordered to be paved by the city council, said company’s right of way thereon, in- cluded in such order, shall be paved between the rails of its track, and for the space of twelve inches outside of said rails, with such material and in such manner as the city council shall order, and all paving required to be laid by said company, shall be laid and kept in repair with the same material used in it, and at the expense of the company, and if said company, its successors and assigns, shall fail to comply with the provision of this section, requiring it to repair a pavement on its right of way on any street, after notice to do so by the city council or engineer by service thereon, on any officer of said company, for thirty days after receiving such notice, such company shall 738 SPECIAL ORDINANCES OF CITY. forfeit and pay into the city treasury, the sum of ten dollars per day for the time said company shall fail to put down or repair said paving, as liquidated damages, the same to be re- coverable of and from said company by the city of Springfield, in an action of debt, and said paving may be repaired by the city of Springfield at the expense of said company, and said company shall repay the costs thereof to the city on demand. 1322. Guard wires.] § 7. That it is made the duty of said company to stretch and maintain a suitable guard wire along and above its electric cable and over-wires at all points within the city where other wires belonging to other companies are suspended over or above said electric cable, the same to be extended along the whole line of said railway when required by the council, and in case of willful violation of this section said company shall be subject to a fine of not exceeding two hundred dollars for every day. 1323. When to commence and complete work of changing to electric motive power.] § 8. Said company, its successors and assigns, shall commence the remodeling of said railway, and constructing the appliances for propelling cars and operat- ing said road with electric motive power, within four months after the passage of this ordinance and fully complete and operate the same within twelve months from the passage of this ordinance, unless the city council shall, by ordinance, extend the time. 1324. Must protect the city from damage suits.] § 9. Said Springfield City Railway, its successors and assigns, and all persons or corporations ownihg, leasing, operating or con- trolling said railway shall save and keep harmless the city of Springfield, on account of any and all damages and costs in all causes of action that may be brought by or accrue to any per- son or persons, company or corporation, against said city at any time hereafter, by reason of this grant or by reason of the con- struction or operation of said railway, or any part of it, in which said city may be sued separately or impleaded with said com- pany, its successors and assigns or otherwise. 1325. Must accept within sixty days.] § 10. Said com J pany shall within sixty days from the passage of this ordinance. STREET RAILWAYS. 739 file with the city clerk a written acceptance of this ordinance, with all the obligations and conditions thereof signed by its president and secretary. Acceptance. Springfield, III., Jan. 31, 1890. Hon. Mayor and Members of the City Council of the City of Springfield: Gentlemen— We hereby accept the ordinance granting to the Springfield City Railway Company the right to construct and operate an electric street railway over certain streets in the city of Springfield, which was passed January 17,, 1890. Springfield City Railway Company, By A. L. Ide, President. Geo. M. Brinkerhoff, Secretary. An Ordinance granting to the Springfield City Railway Company the right to construct and operate an electric street railway over certain streets in the city of Springfield. [Passed October 21, 1890. Approved October 24, 1890. Amended May 6, 1891.] Be it ordaineR by the City Council of the City of Springfield: 1326. Permit to construct and operate an electric street railway.] § 1 . That subject to the provisions and regula- tions hereinafter made, and to the requirements of the general ordinances of said city, and to all ordinances that may here- after be passed concerning streets and street railways, there is hereby granted to the Springfield City Railway Company, its successors and assigns, the right and authority to construct and operate an electric street railway, with necessary side- tracks, turnouts and switches, on the following streets, to-wit: Seventh street in said city from Jefferson street to North Grand avenue, North Grand avenue from Sixth street to Ninth street, Jefferson street from Seventh street to Fifth street; said tracks, side-tracks', turnouts and switches shall be located by and un- der the direction of the street and alley committee, and said railway company shall plank, with good two-inch oak plank, between its rails and six inches on either side at the intersec- tion of streets and alleys on streets where there is no paving. [As amended May 6, 1891, and accepted May 6, 1891. 1327. Poles and wires.] § 2. To enable said company to operate by electricity, it is hereby authorized to erect suitable trimmed and painted poles and supports, along each side of said street, from the generator or power station or stations or car houses, to and along the line of said railway, and to connect 740 SPECIAL ORDINANCES OF CITY. the poles and supports* by such wires as may be necessary for the transmission of power and successful operation of said railway. Select, straight cedar poles shall be used, of uniform size, about seven inches in diameter at the top end, and ten or twelve inches in diameter at the ground line. All poles shall be dressed smooth and straight and neatly rounded or pointed at the top end, and set perpendicular in straight align- ment with the street curbing. 1328. Provisions in regard to poles and wires.] § 3. The said wires shall be suspended not less than eighteen feet above the rails, and no person or companies shall place any wires beneath the wires of said company in such a way as to obstruct the practical operation of its road, and the poles shall be placed not less than one hundred feet apart, except at the intersection of streets and avenues, where the said distance would place the poles in the intersection of the streets or avenues. Said poles shall, at all times, be kept neatly painted: Provided , that where necessary, inside the fire limits, the same shall be of iron ; but nothing herein shall preclude the said company using poles already erected. Said poles shall be erected under the direc- tion of the city, through the street and alley committee or proper officers. The supporting wires, guard wires and fixtures, com- prising the overhead construction, shall be of a neat design, and put up and constructed in a uniform, neat and substantial manner. 1329. Penalty for removing or breaking wires.] § 4. Any person other than an officer or an employe of the city who shall willfully remove or break any of the wires used by said railway company in the operation of its railway, shall be fined in a sum not to exceed two hundred dollars for each wire or part of wire removed or broken. 1330. Tracks must conform to grade.] § 5. If, at any time, the city shall establish a grade on any street or avenue used or occupied by the track or tracks of said company, or shall change the grade already established, the said railway company, its successors and assigns, shall raise or lower its track to conform to said grade, when notified so to do by the city council or city engineer, at its own cost and expense. STREET RAILWAYS. 741 1331. Provisions in regard to paving.] § 6. On all streets where the same or any part thereof shall be ordered to be paved by the city council, said company’s right of way thereon, included in such order, shall he paved between the rails of its track, and for the space of twelve inches outside of said rails and between the main tracks and switches, with such material and in such manner as the city council shall order; and all paving ordered to be laid by said company shall be laid and kept in repair, with the same material used in it, and at the expense of the company. And if the said company, its suc- cessors and assigns, shall fail to comply with the provisions requiring it to repair and pave on its right of way on any streets, after notice to do so by the city council or city engineer, by service thereon on any officer of said company, after thirty days after receiving such notice, the said company shall forfeit and pay into the city treasury the sum of ten dollars per day upon the time the said company shall fail to put down or re- pair said paving, as liquidated damages, the same to be re- coverable of, and from said company, by the city of Springfield, at the expense of said company, and said company shall repay the cost thereof to the city upon demand. 1332. Guard wires.] § 7. And it is made the duty of said company to stretch and maintain a suitable guard wire along and above its electric cable and over-wires at all points within the city where other wires belonging to other companies are suspended from or above said electric cable, the same to be extended along the whole line of said railway when required by the council, and in case of wilful violation of this section said company shall be subject to a fine of not exceeding two hundred dollars for each and every day of such violation. 1333. Time of commencing and completing construction.] § 8. The rights and privileges granted by this ordinance shall be forfeited to the city of Springfield unless the said company shall commence the construction of said railway within fifteen days from the passage of this ordinance, and fully complete and operate the same within ten months from the date of the passage of this ordinance, unless the city council shall, by or- dinance, extend the time. 742 SPECIAL ORDINANCES OF CITY. 1334. Shall protect the city from damage suits.] § 9. Said Springfield City Railway Company, its successors and as- signs, and all persons or corporations owning, leasing, operat- ing or controlling said railway, shall save and keep harmless the city of Springfield on account of any and all damages and costs on any causes of action that may be brought by any person or persons, companies or corporations against said city at any time hereafter by reason of this grant or by reason of the construc- tion or operation of said railway or any part of it, in which the city may be sued or impleaded with said company, its succes- sors and assigns, or otherwise. 1335. Rate of fare.] § 10. The rate of fare for a con- tinuous trip in one direction shall not exceed five cents for each - person. All passengers after paying one fare shall be entitled to receive transfer tickets for a continuous trip, which will pass them on the line of railway upon which said fare is paid to any point on any other line of street railway that is being now, or may be hereafter, operated by the Springfield City Railway Company. 1336. Must accept within fifteen days.] § 11. This ordi- nance shall take effect and be in force only upon the filing within fifteen days after its passage, in the office of the city clerk of said city, by said Springfield City Railway Company, its successors or assigns, of its acceptance of the terms thereof, which acceptance shall be in wrting 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 pe- riod of twenty years, subject to the conditions aforesaid. Acceptance. To the Hon. Mayor and City Council of the City of Springfield: Gentlemen— The Springfield City Railway Company hereby accepts the terms of an ordinance, entitled “An ordinance granting to the Springfield City Railway Company the right to construct and operate an electric street railway over certain streets in the city of Springfield,” passed October 21, 1890, and ap- proved October 24, 1890. Oct. 27, 1890. Springfield City Railway Company, By R. N. Baylies. STREET RAILWAYS. 713 An Ordinance granting to the Springfield City Railway Company the right to construct and operate an electric street railway on certain streets in the city of Springfield. [Approved January 8, 1891.] 1337. Permit to construct and operate an electric street railway, along certain streets.] § 1 . That subject to the provisions and regulations hereinafter named, and to the re- quirements of the general ordinances of said city, and to all or- dinances that may be hereafter passed concerning streets and street railways, there is hereby granted to the Springfield City Railway Company, its successors and assigns, the right and authority to construct and operate an electric street railway, with necessary side tracks, turn-outs and switches on Spring street in said city, from Monroe street to South Grand avenue. Said tracks, side-tracks, turn-outs and switches shall be located by and under the direction of the street and alley committee, and said railway company shall plank with two inch good oak plank between its rails, and six inches on either side, at the inter- section of streets and alleys and cross walks on streets, where there is no pavement. 1338. Poles and wires.] § 2. To enable said company to operate by electricity, it is hereby authorized to erect suitable trimmed and pointed poles and supports along said street from the generator or power station or stations or car houses, to and along the line of said railway, and to connect the poles and sup- ports by such wires as may be necessary for the transmission of power and successful operation of said railway. Select, straight cedar poles shall be used, of uniform size, about seven inches in diameter at the top end, and ten or twelve inches in diameter at the ground line. All poles shall be dressed smooth and straight, and neatly rounded or pointed at the top end, and set perpendicular in straight alignment with the curbing. 1339. Provisions in regard to poles and wires.] § 3. The said wires shall be suspended not less than eighteen feet above the rail, and no person or companies shall place any wires be- neath the wires of said company in such a way as to obstruct the practical operation of its road ; and the poles shall be placed not less than one hundred feet apart, except at the intersection of streets and avenues, where the said distance will place the 744 SPECIAL ORDINANCES OF CITY. poles in the intersecting streets and avenues. Said poles, shall, at all times, be kept neatly painted: Provided , that where necessary to set poles inside the fire limits, the same shall be of iron; but nothing herein shall preclude said company using poles already erected. Said poles shall be erected under the direction of the city, through the street and alley committee. The supporting wires, guard wires and fixtures, comprising the overhead construction, shall be of a neat design, and put up and constructed in a uniform neat and substantial manner. 1340 . Penalty for removing or breaking wires.] § 4. Any person other than an officer or employe of the city, who shall willfully remove or break any of the wires used by said railway company in the operation of its railway, shall be fined in a sum not to exceed two hundred dollars for each wire or part of wire removed or broken. 1341 . Tracks must conform to grade.] § 5. If at any time the city shall establish a grade on any street or avenue used or occupied by the track or tracks of said company, or shall change the grade already established, the said railway com- pany, its successors and assigns, shall raise or lower its track to conform to said grade, when notified so to do by the city council or city engineer, at its own cost and expense. 1342 . Provisions in regard to paving.] § 6. On all streets, when the same or any part thereof shall be ordered to be paved by the city council, said company's right of way there- on included in such order shall be paved between the rails of its track and for the space of twelve inches outside of said rail and between the main track and switches with such material and in such manner as the city council shall order, and all pav- ing required to be laid by said company shall be laid and kept in repair with the same material used in it and at the expense of the company, and if the said company, its successors and assigns, shall fail to comply with the provisions requiring it to repair and pave on its right of way on any street, after no- tice to do so by the city council or city engineer, by service thereon on any officer of said company after thirty days after receiving such notice, the said company shall forfeit and pay into STREET RAILWAYS. 745 the city treasury the sum of ten dollars per day upon the time said company shall fail to put down or repair said paving as liquidated damages, the same to be recoverable of and from said company by the city of Springfield at the expense of said company, and said company to repay the costs thereof to the •city upon demand. 1343. Guard wires.] § 7. And it is made the duty of said company to stretch and maintain a suitable guard-wire along and above its electric cable, and over wires at all points within the city where other wires, belonging to other companies, axe suspended from or above said electric cable, the same to be ex- tended along the whole line of said railway, when required by the city council, and in case of wilful violation of this section said company shall be subject to a fine of not exceeding two hundred dollars for each and every day of such violation. 1344. Time for commencing and completing the work.] ;§ 8. The rights and privileges granted by this ordinance shall be forfeited to the city of Springfield, unless the said com- pany shall commence the construction of said railway within thirty days of the passage of this ordinance, and fully com- plete and operate the same within six months from the date of the passage of this ordinance, unless the city council shall, by or- dinance, extend the time. 1345. Shall protect the city from damage suits.] § 9. The Springfield City Railway Company, its successors and as- signs, and all persons or corporations owning, leasing, operat- ing or controlling said railway, shall save and keep harmless the city of Springfield, on account of any and all damages and costs on any causes of action that may be brought by or accrue to any person or persons, companies or corporations against said city at any time hereafter, by reason of this grant, or by reason of the construction and operation of said railway, or any part of it, in which the city may be sued or impleaded with said company, its successors and assigns, or otherwise. 1346. Rate of fare.] § 10. The rate of fare for a continu- ous trip in one direction shall not exceed five cents for any per- son. All passengers after paying one fare shall be entitled to receive transfer tickets for a continuous trip, which will pass SPECIAL ORDINANCES OF CITY. 74 G them from the line of railway upon which said fare is paid, to any point on any other line of street railway that is being now or may be hereafter operated by the Springfield City Kailway Company. 1347. Must accept within fifteen days.] §11. This ordi- nance shall take effect and be in force only upon the filing within fifteen days after its passage in the office of the city clerk of said city, by said Springfield City Railway Company, its successors or assigns, of its acceptance 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. To the Honorable Mayor and City Council of the City of Springfield: The Springfield City Railway Company hereby accepts the terms of an ordi- nance, passed by your honorable body January 5, 1891, approved January 8, 1891, entitled, “An ordinance granting to the Springfield City Railway Company the right to construct and operate an electric street railway over certain streets in the city of Springfield.” Very respectfully, Springfield City Railway Company, January 12, 1891. By R. N. Bayliss, President. CITIZENS' STREET RAILWAY. An Ordinance 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 Springfield: 1348. Permission to construct a railway on certain named streets.] § 1 . There is hereby granted to J. H. Schuck, Henson Robinson, 0. F. Stebbins, Frank Reisch, J. N. Reece, Jonathan E. K. Herrick, A. H. Saunders, and such other per- sons as may hereafter become associated with them, to be known as the Citizens’ Street Railway and Improvement Company, and to their executors, administrators and assigns, permission, au- thority and consent of the city council of the city of Spring- field 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 STREET RAILWAYS. 747 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. 1349. Rights of company — how forfeited.] § 2. The rights and privileges granted to the Citizens’ Street Railway 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 con- struction 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. 1350. Permission to build railway on certain other streets.] § 3. Permission, authority and consent is also given to the Citizens’ Street Railway Company to construct a track for a street railwa}^ with all the necessary turnouts, side-tracks and switches, to operate the same over and upon the following 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 Jefferson street, thence west on Jefferson street to First street, thence north on First street to Mason street, thence west on Mason street to Rut- ledge street, thence north on Rutledge street to North Grand avenue, thence east on North Grand avenue to Monument street. 1351. Rights — when to be forfeited.] § 4. The rights and privileges granted to the Citizens’ Street Railway and Im- provement Company to construct and operate said street railway over and upon said streets, as provided for in section 3 of this ordinance, shall be forfeited to the city of Springfield, unless said company shall commence the construction of said street railway within six months, and fully complete and operate the same within eighteen months from the date of the passage of SPECIAL ORDINANCES OF CITY. 748 this ordinance, unless the city council shall, by ordinance, ex- tend the time. 1352. Company to give five days’ notice to the mayor, etc.] § G. That before occupying or using any street of said city for the purpose aforesaid, the proper officers of said street rail- way company shall give at least five days’ notice thereof, in writing, to the mayor and city supervisor. 1353. Track to be laid even with 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 elevated above the surface of the street; and said street railway company shall, at all times, keep in good repair and condition all portions of any streets or highways over which they may pass. 1354. Gauge of track — kind of rail to be used — rate of fare.] § 7. The gauge of said track of said street railway company 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 exceed- ing 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. 1355. Length of cross-ties — track to be 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 track shall be planked solid between the rails, and on the out- side of the rails to the ends of the cross-ties, with two and one- half (2y 2 ) inch plank, so as not to obstruct the passing, cross- ing or traveling of said street by other vehicles. 1356. Rights reserved by the city.] § 9. The city of Springfield reserves the right to take up and remove the track STREET RAILWAYS. 749 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 purposes, on the streets on which said tracks 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 the said company at their own cost and expense. 1357. Company to do necessary grading, etc. — culverts and ditches.] § 10. Said company shall do all the necessary grad- ing 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 neces- sary from the laying of said railway ; said grading and construc- tion 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 plank- ing in as good repair as it was before being removed. 1358. 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. 1359. 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 con- cerning streets and street railroads. 1360. Right reserved by city to construct railways.] § 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. 1361. 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. 750 SPECIAL ORDINANCES OF CITY. 1362. Company to notify city council of their acceptance of ordinance.] § 15. The Citizens’ Street Railway and Im- provement Company shall, before proceeding 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. 1363. Crossings and street pavements, when removed to be replaced, etc.] § 1G. Said railway company shall replace any and all crossings and street pavements, disturbed, injured or removed for the purpose of laying or repairing their track, in as good condition as the same was before such disturbance, 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. 1364. 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 disre- gard as aforesaid. 1365. Ordinance to remain in force twenty-five years — unless, etc.] § 18. This ordinance shall be and remain in force twenty-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. 1366. Planking — double track on Washington street.] § 19. Said company shall plank Washington street from Sixth to Tenth streets, with two and one-half inch (2 y 2 ) plank, within 18 inches of the outside of each rail, unless said company puts down double track between said streets. STREET RAILWAYS. 751 Acceptance by the company of foregoing ordinance. City, April 3, 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, [1] 1879. J. H. Schuck, President. 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.] Be it ordained by the City Council of the City of Springfield : 1367. § 1 . That an ordinance entitled “An ordinance authorizing the construction of the Citizens’ Street Railway and Improvement Company/’ passed April 1, 1879, and amended June 6th, 1879, be, and the same is hereby, amended by add- ing thereto the following sections: 1368. 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 Railway 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 following streets of said city, to-wit: Commencing at the intersection of Wash- ington and Fourth streets, and running thence west on Wash- ington street to Second street, thence north on Second street to Carpenter street, thence west on Carpenter street to Rut- ledge street, thence north on Rutledge street to North Grand avenue, and thence west on North Grand avenue to Bond street. Also, commencing^ at the intersection of Second and Edwards 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. 1369. Time extended to complete railway.] § 3. The time within which said Citizens’ Street Railway and Improve- ment 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. SPECIAL ORDINANCES OF CITY. 752 1370. 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 ordinances of a gen- eral nature, in force, in relation to horse or street railways. 1371. Take effect from passage.] § 5. This ordinance shall take effect and be in force from and after its passage. An Ordinance granting the right of way to the Citizens’ Street Railway Com- pany on certain streets therein named. [Passed September 16, 1881. Approved September 16, 1881.] Whereas, The Citizens’ Street Railway 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 Spring- field to grant to said company the right to locate, construct and operate a horse railroad upon Second street, from Ed- wards 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 by the City Council of the City of Springfield: 1372. The company authorized to construct and operate a road on parts of certain streets.] § 1. That the right, authority and consent of the city council of the city of Spring- field 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 E wards street, from Second street west to Walnut street, and thence south on Walnut street to South Grand avenue. 1373. Rights 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 railroad on Second street, and fully complete the same, within one year, and on Edwards and Walnut streets within eighteen months, STREET RAILWAYS. 753 from the passage of this ordinance : Provided , that the city council may, by ordinance, extend the time. 1374. Company to give notice of acceptance, etc.] § 3. The said company shall, before proceeding to act under this ordinance, 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. 1375. Track to be 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, con- form to the grade of the streets, as given by the city engineer at the time of the laying of the track, or which may hereafter be established by the city of Springfield; and said track shall not be elevated above the surface of the street. 1376. 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 construction 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. 1377. 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 grad- ing 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 lay- ing its track, side-tracks and switches shall not unnecessarily obstruct any street, alley or sidewalk, nor for an unreasonable length of time. 754 SPECIAL ORDINANCES OF CITY. 1378. How road to be 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. 1379. 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 im- provement 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 track or tracks may be laid, and such im- provements shall be made by the city without unnecessary de- lay, and the track shall be taken up and relaid by said com- pany at their own expense. 1380. Liability of company for injuries and damages.] § 9. The said railway company shall be legally liable for all injuries and damages resulting to any person or persons from the carelessness or negligence of any person operating or em- ployed 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. 1381. 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. 1382. Penalty.] § 11. The said Citizens’ Street Railway 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 re- covery for further violations or disregard of the provisions hereof. 1383. In force twenty years from passage.] § 12. This ordinance shall be and remain in force twenty years from and after its passage and approval. STREET RAILWAYS. 755 Acceptance of the foregoing ordinance. To the Honorable Mayor and Members of the City Council of Springfield: Gents— 1 hereby accept an ordinance, granting the right of wav to the Cit- izens’ Street Railway Co., on certain streets therein named, passed September 16, 1881, and approved same date by the Mayor. J. H. Schuck, City, September 27, 1881. President. An Ordinance to amend an ordinance entitled “An ordinance granting the right of way to the Citizens’ Street Railway Company on certain streets -therein named. Passed September 16, 1881. Approved September 16, 1881.” [Passed July 12, 1886. Approved July 13, 1886.] Be it ordained by the City Council of the City of Springfield: 1384. Amending ordinance passed Sept. 16, 1881.] § 1. That the ordinance entitled, “An ordinance granting the right of way to the Citizens* Street Railway Company on certain streets therein named, passed September 16, 1881, approved September 16, 1881/* be, and the same is hereby amended by adding thereto the following sections : 1385. Permit to operate a street railway along certain streets.] § 2. The right, authority and consent of the city council of the city of Springfield, is hereby given to said Citi- zens* Street Railway Company to lay a track for a street rail- way, with the necessary side-tracks, turnouts, and switches, and operate the same over and upon the following streets of said city, to-wit: From the intersection of North Grand avenue and Franklin avenue, west along North Grand avenue to its intersection with West Grand avenue: Provided , that the cen- ter line of their main track, or of any track of any switch, shall be laid at least twenty feet north of the center line of North Grand avenue. 1386. When to begin construction.] § 3. The said Citi- zens* Street Railway Company shall begin the construction of said track and put it into operation within sixty days after the passage of this ordinance. 1387. Subject to all 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 ordinances of a general nature in force in relation to horse or street railways. 75(1 SPECIAL ORDINANCES OF CITY. 1388. When in force.] § 5. This ordinance shall take ef- fect and be in force from and after its passage. An Ordinance granting to the Citizens’ Street Railway Company permission to extend its railioad track on parts of South Eleventh street and South Grand avenue. [ Passed September 3, 1883. Approved September 4, 1883.] Whereas, The Citizens’ Street ltailway Company, of the city of Springfield, has petitioned the mayor and city council of said city for permission to 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, Tt appears that said railway company had given the notice required hy law in advance of presenting said pe- tition, 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, Be it ordained by the City Council of the City of Spring field: 1389. Permission given company to construct and operate horse railroad on parts of a certain street and avenue.] § 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 Railway Company, its successors or as- signs, to locate, construct, maintain and operate a horse or street railroad, with the necessary side-tracks, turn-outs and switches, in, upon and through the following parts of street and avenue in said city, to-wit: Commencing at the present ter- mination of the line of said company, on South Eleventh street, at or near the intersection of Kansas street, thence south on said Eleventh street to South Grand avenue, and thence west on said avenue to Ninth street. 1390. Rights and privileges granted, subject to conditions.] § 2. The rights and privileges granted to the Citizens’ Street Railway Company, in section one (1) hereof, shall be subject to any and all changes^ and alterations which may hereafter STREET RAILWAYS. 757 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 con- struction of said railroad track, and fully complete and operate the same, within twelve months from the date of the passage of this ordinance. 1391. Company to be 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. 1392. 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. 1393. Further conditions and restrictions — subject to general ordinances.] § 5. In addition to the foregoing conditions and restrictions, the said railway company shall, in the exercise of the rights and privileges herein granted, be subject to all the conditions, restrictions and penalties imposed by an ordi- nance entitled “An ordinance authorizing the construction of the Citizens’ Street Railway and Improvement Company,” passed by the city council April 1, 1879, and also to all gen- eral ordinances of said city now in force, or w r hich may here- after be in force, during the period of this grant, in relation to horse or street railroads, not inconsistent with the provisions of this ordinance. 1394. 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 company shall violate any of the provisions hereof, in which case the SPECIAL ORDINANCES OF CITY. 758 city council may, in their discretion, declare said rights and privileges forfeited. The company’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’ Street Railway Company, By J. H. Schuck, President. Springfield, 111., September 6, 1883. Ax Ordinance granting to the Citizens’ Stfeet Railway Company the right to construct and operate an electric or gas motor power railway over certain streets in the city of Springfield. [Passed January 17, 1890. Approved Janu- ary 20, 1890.] Be it ordained by the City Council of the City of Springfield: 1395. Right to operate by electric, gas motor or horse power — not to obstruct streets.] § 1. That in addition to the rights and privileges now owned and held by the Citizens* Street Railway Company, and subject to the provisions and regulations hereinafter made, and to the existing ordinances of said city and all reasonable ordinances that may be hereafter passed concerning streets and street railways, there is hereby granted to said company, its successors and assigns, the right and authority to operate its lines of railway by electric power, or gas motor power, or horse. And said company shall at all times operate its lines so as not to obstruct the public use of said streets. 1396. Right to erect poles and string wires.] § 2. To enable said company to operate by electricity it is hereby au- thorized to erect suitable trimmed and pointed poles and sup- ports along each side of the streets, from the generator or power station or stations, or car houses, to and along the lines of said railway, and to connect the poles and supports by such wires as may be necessary for the transmission of power and the suc- cessful operation of said railway: Selected straight cedar poles shall be used, of uniform size, about seven inches in diameter at the top end and ten to twelve in diameter at the ground line. All poles shall be dressed smooth and straight, and neatly STREET RAILWAYS. 759 rounded or pointed at the top end, and set perpendicular in straight alignment with the street curbing. 1397. Wires — height of — not to be obstructed — poles — dis- tance apart — overhead construction.] § 3. The said wires shall be suspended not less than eighteen feet above the rails, and no other person or companies shall place any wires be- neath the wires of said company in such a way as to obstruct the practical operation of its road, and the poles shall be placed not less than one hundred feet apart except at the intersection of streets and avenues when the said distance will place the poles or supports in the intersecting streets or avenues. Said poles shall at all times be kept neatly painted: Provided , fur- ther, that when necessary to set poles inside the fire limits the same shall be of iron, but nothing herein shall preclude said company from using poles already erected. Said poles shall be erected under the direction of the city through its street and alley committee or proper officer. The supporting wires, guard-wires and fixtures comprising the overhead construc- tion shall be of a neat design and put up and constructed in a uniform, neat and substantial manner. 1398. Wires — penalty for removing or breaking.] § 4. Any person, other than an officer or employe of the city, who shall wilfully remove or break any of the wires used by said railway company in the operation of its railway, shall be fined in any sum not to exceed two hundred dollars for each wire or part of wire removed or broken. 1399. Grade — established or changed — company to con- form.] § 5. If at any time, the city shall establish a grade on any street or avenue used or occupied by the track or tracks of said company or shall change the grade already established, the said railway company, its successors and assigns, shall raise or lower its track to conform to said grade when notified so to do by the city council or city engineer, at its own costs and expense. 1400. Paving of right of way by company — penalty for neglect — may widen its gauge.] § 6. On all streets, when the same or any part thereof, shall be ordered to be paved by the city council, said company’s right of way thereon, included in such order, shall be paved between the rails of its tracks SPECIAL ORDINANCES OF CITY. 7 GO and for the space of twelve inches outside of said rails, with such material and in such manner as the city council shall or- der; and all paving required to be laid by said company shall be laid and kept in repair, with the same material used in it,, and at the expense of the company. And if the said com- pany, its successors and assigns, shall fail to comply with the provisions of this section, requiring it to repair a pavement on its right of way on any street, after notice to do so by the city council or engineer, by service thereon on any officer of said company, for thirty days after receiving such notice, such company shall forfeit and pay into the city treasury the sum of ten dollars per day for the time said company shall fail to put down or repair said paving, as liquidated damages, the same to be recoverable of, and from said company, by the city of Springfield, in an action of debt; and said paving may be repaired by the city of Springfield at the expense of said company, and said company shall repay the cost thereof to the city on demand. If deemed advisable and practicable, by said company, to widen the gauge of its tracks to enable it to operate its lines, said company shall make the gauge of said tracks four feet eight and one-half inches, and in so doing, shall restore the streets and pavements to as good condition as they were prior to said alteration, at its own expense and under the supervision of the superintendent of streets. 1401. Guard wire — penalty for failure to put up.] § 7. That it is made the duty of said company to stretch and main- tain a suitable guard wire along and above its electric cables and over wires at all points within the city where other wires belong- ing to other companies are suspended over or above said electric cables, the same to be extended along the whole line of said railway when required by the council. And in case of willful violation of this section said company shall be subject to a fine of not exceeding two hundred dollars for every day. 1402. When to be commenced and completed — council may extend time.] § 8. Said company, its successors and assigns, shall commence the remodeling of said railway and construct- ing the appliances for propelling cars and operating said road with electric motive power or gas motor power within twelve months after the passage of this ordinance and fully complete STREET RAILWAYS. 761' and operate the same within twenty-four months from the pas- sage of this ordinance, unless the city council shall, by ordi- nance, extend the time. 1403. City to be kept harmless.] § 9. Said Citizens^ Street Railway Company, its successors and assigns, and all persons or corporations owning, leasing, operating or con- trolling said railway, shall save and keep harmless the city of Springfield on account of any- and all damages and costs in» all causes of action that may be brought by or accrue to any person or persons, company or corporation against said city at any time hereafter by reason of this grant, or by reason of the construction or operation of said railway, or any . part of it, in which the city may be sued separately or impleaded with, said Compaq, its successors and assigns, or otherwise.. 1404. Acceptance.] § 10. Said company shall, within sixty days from the passage of this ordinance, file with the city clerk, a written acceptance of this ordinance, with all the obligations and conditions thereof, signed by its president and secretary. Acceptance. Springfield, III., Feb. 20, 189tfc To the Hon. Mayor and City Council of Springfield, Illinois: The Citizens’ Street Railway Company hereby accepts the ordinance giving- us the right to change our motive power and to change gauge of our track passed by the city council of Springfield January 17, 1890. Signed : J. H. Schuck, President. Charles F. Herman, Secretary. An Ordinance granting to the People’s Electric Gas Motor and Horse Railway Company the right to construct and operate an electric gas motor or horse- railway over certain streets in the city of Springfield. [Passed February 11„. 1890. Approved February 15, 1890.] Be it ordained by the City Council of the City of Springfield: 1405. Authority to construct and operate.] § 1. Subject to the provisions and regulations hereinafter made, and to the requirements of the general ordinances of said city and to all ordinances that may be hereafter passed concerning streets and street railways, there is hereby granted to said company, its- successors and assigns, the right and authority to construct and operate, by electric gas-motor or horse power, a street raih- —26 SPECIAL ORDINANCES OF CITY. 762 way with the necessary side-tracks, turn-outs and switches. Said side-tracks, turnouts and switches shall be located by and under the direction of the street and alley committee, in, on and along the following streets and avenues in said city, viz. : Commencing at the intersection of South and East Grand avenues, thence west on South Grand avenue to Fifteenth street, 1 hence north on Fifteenth street to Washington street, thence west on Washington street to West Grand avenue; also commencing at the intersection of West and South Grand avenue, thence east on South Grand avenue to Spring street, thence north on Spring street to Allen street, thence east on Allen street to Second street, thence north on Second street to Capi- tol avenue, thence east on Capitol avenue to Sixth street, thence north on Sixth street to Washington street; also commencing on Ninth street, thence north to North Grand avenue, thence east to Eleventh street; also commencing at Fourteenth and Washington street, thence north on Fourteenth street to Moffitt avenue, thence east on Moffitt avenue to Hickox avenue, thence north on Hickox avenue to Lincoln street: Provided, that the track of said street railway on South Grand avenue shall be located north of and not less than five feet from the center line of said avenue. 1406 . Provisions in regard to poles and wires.] § 2. To enable said company to operate by electricity or gas-motor power it is hereby authorized to erect suitable trimmed and pointed poles and supports along each side of the streets, from the generator or power station or stations, or car-houses, to and along the line of said railway, and to connect the poles and supports by such wires as may be necessary for the transmission of power and the successful operation of said railway: Pro- vided, that iron poles shall be placed wthin the fire limits of the said city. 1407 . Provisions in regard to poles and wires.] § 3. The said wires shall be suspended not less than eighteen feet above the rails, and the poles shall be placed not less than one hun- dred feet apart, except at the intersection of streets and avenues. Said poles or supports shall be kept at all times neatly painted. Said poles shall be located under the direction of the city, through its street and alley committee, or proper officer. STREET RAILWAYS. 7G3 1408. Penalty for removing or breaking wires.] § 4. Any person, other than the city electrician or employes of the city, who shall willfully remove or break any of the wires nsed . by said railway company in the operation of its railway, shall he fined in any sum not to exceed two hundred dollars for each wire, or part of wire, removed or broken. 1409. Tracks must conform to grade of street.] § 5. If at any time the city council shall establish a grade on any street or avenue used or occupied by the track or tracks of said company, or should change the grade already established, the said railway company, its successors and assigns, shall raise or lower its tracks to conform to said grade, when notified so to do by the city council or city engineer, at its own costs and ex- pense. 1410. Company to pave its track — penalty for failure.] § 6. On all streets, when the same or any part thereof shall be ordered to be paved by the city council, said company’s right of way thereon, included in such order, shall be paved between the rails and twelve inches on the outside of the tracks with such material and in such manner as the city council shall order, and all paving required to be laid by said company shall be laid and kept in repair with the same material originally used in it, and at the expense of the company; and if the said company, its successors and assigns, shall fail to comply with the provisions of this section, requiring it to repair a pavement on its right of way on any street, after notice to do so by the city council or engineer, by service thereon on any officer of said company for thirty days after receiving such notice, such com- pany shall forfeit and pay into the city treasury the sum of ten dollars per day for the time said company shall fail to put down or repair said paving as liquidated damages, the same to be recoverable of and from said company by the city of Spring- field in an action of debt, and said paving may be repaired by the city of. Springfield at the expense of said company, and said company shall repay the cost thereof to the city upon de- mand. If deemed advisable and practicable by said company to widen the gauge of its track, to enable it to operate its line, said company shall make the gauge of said tracks four feet eight and one-half inches, and in so doing shall restore the 704 SPECIAL ORDINANCES OF CITY. streets and pavements to as good condition as they were prior to said alteration, at its own expense and under the supervision of the superintedent of streets. 1411. Guard wires.] § 7. That it is made the duty of said company to stretch and maintain a suitable guard wire along and above its electric cables and over wires at all points within the city where other wires belonging to other com- panies are suspended over or above said electric cable, the same to be extended along the whole line of said railway when re- quired by the council. And in case of willful violation of this section, said company shall be subject to a tine of not exceed- ing two hundred dollars for every day. 1412. Gauge of track — crossings and gutters to-be restored if disturbed.] § 8. The gauge of said tracks shall be four feet eight and one-half inches, or three feet six inches, and in constructing its tracks said company shall not disturb, re- move or displace any of the street crossings or gutters existing at the time, unless the same is permitted by the city council, and in case of displacement or removal of any said crossings or gutters, by said company, it shall, after the construction of its tracks at said crossings, restore at its own expense said crossings and gutters in as good condition as they were before such removal. 1413. City may grant right of way to other companies.] § 9. The right to grant the right of way over any street named in section one of this ordinance, to any other street railway company, is hereby expressly reserved to the city council: Pro- vided l, that if said right of way is granted to any applicant before said Peoples* Electric, Gas-Motor and Horse Railway ’Company shall have constructed its railway, said Peoples* Elec- tric, Gas-Motor and Horse Railway Company shall construct its tracks on one side of the center of said named streets : Pro- vided , further , that if said Peoples* Electric, Gas-Motor and Horse Railway Company shall have constructed a portion of iits tracks before it is desired by said applicant to build, then, in such event, said Peoples* Electric, Gas-Motor and Horse Railway Company shall remove the part of its track so con- structed to the side of the street designated by the street and STREET RAILWAYS. 765 alley committee. All expense of moving said railway shall be paid by the future applicant for such right of way. 1414 . Time fixed for commencing and completing construc- tion.] § 10. The rights and privileges granted to the Peoples’ Electric, Gas-Motor and Horse Power Company, its successors and assigns, to construct and operate said street railway, as provided for in this ordinance, shall be forfeited to the city of Springfield unless said company shall commence the construc- tion of said railway within six months, and fully complete and operate the same within twelve months from the date of the passage of this ordinance, unless the city council shall, by ordi- nance, extend the time. 1415 . City not to be liable for damage suits.] § 11. Said Peoples’ Electric, Gas-Motor and Horse Railway Company, its successors and assigns, and all persons or corporations owning, leasing, operating or controlling said railway, shall save and keep harmless the city of Springfield, on account of any and all damages and costs, in all causes of action, that may be brought by or accrue to any person or persons, company or corporation, against said city at any time hereafter by reason •of this grant, or by reason of the construction or operation of said railway, or any part of it, in which said city may be sued ■separately or impleaded with said company, its successors and •assigns, or otherwise. 1416 . Company must accept within twenty days.] § 12. This ordinance 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 Peoples’ Electric, Gas-Motor and Horse Power Company, its acceptance of the terms thereof, which acceptance shall be in writing and be reported to the city clerk and city council and entered in full upon the journal thereof, and this ordinance shall continue in force for the pe- riod of twenty years, subject to the condition aforesaid. Acceptance. Springfield, III., Feb. 20, 1890. To the Hon. Mayor and City Council of Springfield, 111.: The Springfield Electric, Gas-Motor and Horse Railway Company hereby accepts the ordinance passed by the city council of Springfield, February 11. 1890. [Sighed] J. H. Schuck, President, Chas. F. Herman, Secretary. SPECIAL ORDINANCES OF CITY. 7GG RELINQUISHMENT OF CERTAIN RIGHTS GRANTED. To the Mayor and City of Spring field: 1417. Release of certain rights, granted by the city.] Gentlemen : The Peoples' Electric Railway Company, suc- cessors to the Peoples' Electric, Gas-Motor and Horse Power Company, hereby through its president and secretary, in con- sideration of the granting, by your honorable body to said com- pany, the right to locate a street railway on Allen street from Spring to Walnut street, thence south on Walnut street to South Grand avenue, thence west on South Grand avenue to West Grand avenue, hereby releases all rights acquired under an ordinance passed February 11, 1890, to lay a track on Spring street from Allen street to South Grand avenue, and on South Grand avenue from Spring street to West Grand avenue. J. H. S chuck, President. Chas. F. Herman, Secretary. Of Peoples' Electric Railway Company. [Submitted to council October 17, 1890.] An Ordinance to provide for removing the switch between Jackson and Ed- wards streets on Second street, and for locating a switch between Canedy and Scarritt streets on Second street. [Passed October 17, 1890. Approved October 21, 1890.] Be it ordained by the City Council of the City of Springfield: 1418. Permit to remove switch.] § 1 . That the Peoples' Electric Railway Company, successors to the Citizens' Street Railway Company and the Peoples' Gas-Motor and Horse Rail- way Company, remove its switch, located on Second street be- tween Jackson and Edwards streets, and locate a switch on Second street between Canedy and Scarritt streets on Second' street. 1419. When in force.] § 2. This ordinance shall be in force from and after its passage. An Ordinance granting to the People’s Electric Railway Company the right to construct and operate an electric railway over certain streets in the city of Springfield. [Passed October 21. 1890. Approved October 24, 1890.] Be it ordained by the City Council of the City of Springfield : 1420. Permit to construct and operate an electric street railway.] § 1 . Subject to the provisions and regulations STREET RAILWAYS. 767 hereinafter made and to the requirements of the general ordi- nances of the city and to all ordinances that may be hereafter passed concerning streets and street railways, that there is hereby granted to said company, its successors and assigns, the right and authority to construct and operate an electric street railway with necessary side-tracks, turnouts and switches. Said side-tracks, turnouts and switches, shall be located by and under the direction of the street and alley committee in and on the following streets of said city, viz. : Commencing at the inter- section of Spring and Allen streets, thence west on said Allen street to Walnut street, thence south on said Walnut street to South Grand avenue, thence west on South Grand avenue to West Grand avenue. 1421. Provisions in regard to poles and wires.] § 2. To enable said company to operate by electricity, it is hereby au- thorized to erect suitable trimmed and pointed poles and sup- ports along each side of the streets from the generators or power stations or car houses to and along the line of said railway, and to connect the poles and supports by such wires as may be nec- essary for the transmission of power and the successful opera- tion of said railway: Provided, that iron poles shall be placed within the fire limits of said city. 1422. Provisions in regard to poles and wires.] § 3. The said wires shall be suspended not less than eighteen feet above the rails and the poles shall be placed not less than one hundred feet apart, except at the intersection of streets and avenues. Said poles or supports shall be kept at all times neatly painted. Said poles shall be located under the direction of the city, through its street and alley committee. 1423. Penalty for removing or breaking wires.] § 4. Any person other than the city electrician, or employe of the city, who shall willfully remove or break any of the wires used by said company in the operation of its railway, shall be fined in any sum not to exceed two hundred dollars for each wire or part of wire removed or broken. 1424. Tracks must conform to grade.] § 5. If, at any time, the city council shall establish a grade on any street used or occupied by the track or tracks of said company, or shall 7<;s SPECIAL ORDINANCES OF CITY. change the grade already established, the said railway company,, its successors and assigns, shall raise or lower its track to con- form to said grade, when notified so to do by the city council or city engineer, at its own expense. 1425. Provisions in regard to paving.] § 6. On alt streets when the same, or any part thereof, shall be ordered to be paved by the city council, said company’s right of way thereon included in such order shall be paved between the rails, and twelve inches on the outside of the tracks, with such material and in such manner as the city council shall order ; and all pav- ing required to be laid by said company shall be laid and kept in repair with the same material originally used in it, and at the expense of the company ; and if said company, its successors- and assigns, shall fail to comply with the provisions of this section, requiring it to repair a pavement on its right of way on any street, after notice to do so by the city council or engineer, by service thereon on any officer of said company for thirty days after serving such notice, said company shall ferfeit and pay into the city treasury the sum of ten dollars per day for the time said company shall fail to put down or repair said pavement as liquidated damages, the same to be recoverable of and from said company by the city of Springfield in an action of debt, and said paving may be repaired by the city of Spring- field at the expense of said company, and said company shall repay the cost thereof to the city upon demand. 1426. Guard wires.] § 7. That it is made the duty of said company to stretch and maintain a suitable guard wire along and above its electric cable and over-wires at all points within the city, where other wires belonging to other companies are suspended over and above said electric cable; the same tn be extended along the whole line of said railway where required by the city council. And in case of wilful violation of this sec- tion, said company shall be subject to a fine of not exceeding two hundred dollars for every day while said violation continues. 1427. Provisions in regard to construction of tracks.} § 8. The gauge of said track shall be four feet, eight and one- half inches, and the rails thereof shall be forty pound T rails ; and said railway company shall plank with two inch, good oak STREET RAILWAYS. 769 plank between the rails and six inches on either side at the in- tersections of streets and alleys, and the center of said track shall be filled with cinders. Said company shall not disturb •or remove any of its street crossings or gutters existing at the time, unless the same is permitted by the city council; and in case of displacement or removal of said crossings and gutters by said company, it shall, after the construction of its tracks at said crossings restore, at its own expense, said crossings and gutters in as good condition as. they were before such removal. 1428. Time fixed for comnjLencing and completing construc- tion.] § 9. The rights and privileges granted to the Peoples’ Electric Railway Company, its successors and assigns, to con- struct and operate said street railway, as provided for in this ordinance, shall be forfeited to the city of Springfield, unless said company shall commence the construction of said railway within thirty days, and fully complete and operate said street railway within three months from the date of the passage of this ordinance, unless the city council shall, by ordinance, extend the time. 1429. City to be kept harmless from damage suits.] § 10. The Peoples’ Electric Railway Company, its successors and assigns, and all persons or corporations owning, leasing, operat- ing or controlling said railway, shall save and keep harmless the city of Springfield on account of any and all damages and costs in causes of action that may be brought by or accrue to any person or persons, company or corporations, against said city at any time hereafter by reason of this grant, or by reason ■of the construction or operation of said railway, or any part of it, in which said city may be sued separately or impleaded with said company, its successors and assigns or otherwise. 1430. Grant extends to twenty years — how forfeited.] § 11. If the said company, its successors and assigns, and the persons, companies or corporations owning, operating, controlling ■or leasing said railway shall faithfully comply with the fore- going requirements, the rights of said company, its successors and assigns, or the persons, companies or corporations to operate said railway, shall extend to the full period of twenty years from the passage of this ordinance, otherwise the city council 770 SPECIAL ORD1 NANCES OE CITY. may declare the rights of said company, its successors and as- signs, or any persons, companies or corporations owning, con- trolling, operating or leasing said railway rights forfeited at any time after sixty days’ notice that all rights will be for- feited for the failure to comply with the requirements hereof; said notice to specify in general terms the matters complained of by the city council, and said persons, companies or corpora- tions to be given an opportunity to comply with said condi- tions within sixty days. At the expiration of its rights here- under, said company shall remove its rails and ties and other property from the streets and avenues occupied by it within ninety days, and shall leave said streets and avenues in as good condition as though the same had not been occupied by it. The said company shall, within ‘thirty days after the passage of this ordinance, enter into a written agreement with the city of Springfield, to be duly executed by its president and secretary, under the corporate seal of said company, and filed in the city clerk’s office; and on the part of the city of Springfield to be signed by the mayor and countersigned and sealed with the city seal by the clerk of the said city of Springfield, obligating said company, its successors and assigns, and the persons, com- panies or corporations owning, operating, controlling or leasing said railway, and the city to abide and perform the stipulations and provisions in this ordinance contained, which agreement, when executed, shall be mutually binding upon both of said par- ties as a contract. Agreement. 1431. Contract between the city and the company.] And, whereas, said ordinance was duly signed by the mayor and attested by the -city clerk; and, Whereas, said ordinance, among other things, provided that the Peoples’ Electric Kail way Company shall, within thirty days after the date of the passage of this ordinance, enter into a written agreement with the city of Springfield, to be duly executed by its president and secretary, under the corporate seal of said company, and filed in the city clerk’s office, and on the part of the city of Springfield to be signed by the mayor and countersigned and sealed with the city seal by the clerk of said STREET RAILWAYS. 771 city of Springfield, to abide by and perform the stipulations and provisions in this ordinance contained. Now, therefore, it is hereby expressly agreed by and between the parties hereto, that the People’s Electric Railway Company will abide by and perform the stipulations and provisions in the foregoing ordi- nance contained, and the city of Springfield, also, on its part, agrees to abide by and perform the stipulations and provisions in this ordinance contained on its part to be kept and performed. And the said parties hereto mutually bind themselves and their successors to abide by, keep and perform all the matters and things in the foregoing ordinance, by them and each of them, to be done, kept and performed. In witness whereof, the said parties have caused these presents to be duly and properly signed on this 20th day of November, 1890. Peoples' Electric Railway Company. By J. H. Schuck, President. [Seal.] Charles F. Herman, Secretary. [Seal.] Executed on behalf of the city of Springfield, this 20th day of November, 1890. Chas. E. Hay, Mayor. Geo. Hofferkamp, Jr., Clerk. An Ordinance to provide for allowing the People’s Electric Railway Company to use a T rail. [Approved October 24, 1890.] Be it ordained by the City Council of the City of Springfield: 1432. May use T rail.] § 1 . That the Peoples’ Electric Railway Company, successors to the Peoples’ Electric, Gas-Motor and Horse Railway Company and Citizens’ Street Railway Com- pany, be allowed to use a T rail in the construction of its road on the streets of the city of Springfield. 1433. Bricks or blocks to be beveled.] § 2. That in lay- ing such T rails, the blocks or bricks adjoining such rails shall be chamfered or beveled, so that such bricks or blocks may be brought as close as possible to the rail. 1434. Repeal.] § 3. All parts of ordinances in conflict with this are hereby repealed. 1435. When in force.] § 4. This ordinance shall be in force and take effect from and after its passage. 772 SPECIAL ORDINANCES OE CITY.. SIDE-TItACKS AND SWITCHES. /An Ordinance relating to horse railways. Passed December 1, 1879.] Be it ordained by the City Council of the City of Springfield: 1436. Construction of turnouts, side-tracks or switches prohibited, without consent of city council.] § 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, without obtaining the consent, by ordinance, of the city council to the laying of such turnout, side-track or switch. 1437. Repeal.] § 2. All ordinances or parts of ordinances in conflict with the provisions hereof, are hereby repealed. 1438. In force from passage.] § 3. This ordinance shall take effect and be in force from and after its passage. An Ordinance granting the Springfield City Railway Company the right to construct and operate an electric street railway on Monroe street from EightR to Ninth. [Passed May 23, 1892. Approved May 24, 1892.] Whereas, The owners of more than one-half of the frontage on Monroe street between Eighth and Ninth streets in the city of Springfield have petitioned the council to grant to the Springfield City Railway Company the right to construct, main- tain and operate an electric railway on Monroe street from Eighth to Ninth street in said city, together with switches and turn-outs necessary to the convenient operation and handling of cars from car house to be built by said company on the North side of Monroe street between Eighth and Ninth streets; there- fore, Be it ordained by the City Council of the City of Spring-field: 1439. Permission to construct and operate railway along certain streets.] § 1 . That consent, permission and authority is hereby granted to the Springfield City Railway Compaq, its successors and assigns, to construct, maintain and operate for the term of twenty years from the passage of this ordinance,, a single or double track extension of its electric street railway STREET RAILWAYS. 773 along Monroe street from Eighth to Ninth, together with sucbi switches and turn-outs as may be necessary to the convenient handling of and operation of cars from car house to be built by said company on the north side of Monroe street along saidL extension, and said company is authorized to erect the neces- sary poles and wires along said extension of its tracks to enable it to operate its cars in the same manner that cars are operated on other lines of said railway. 1440. Provisions in regard to poles and wires.] § 2. In the construction and maintenance of said poles, tracks and wires said company shall be governed by the provisions of an ordinance entitled “An ordinance granting to the Springfield' City Railway Company the right to construct and operate an electric street railway over certain streets in the city of Spring- field,” passed January 17, 1890, and approved January 20, 1890, and other existing ordinances of the said city, and all reasonable ordinances that may be hereafter passed concern- ing streets and street railways. 1441. Company must accept within thirty days.] § 37 Said company shall within thirty days after the passage of this ordinance file with the city clerk a written acceptance of the same with all the obligations and conditions thereof. 1442. When in force.] § 4. This ordinance shall take ef- fect and be in force from and after its passage and acceptance: by said company, within the time provided in section 3. Acceptance. To the Honorable Mayor and City Council of the City of Springfield: The Springfield City Railway hereby accepts the ordinance, together with all' the conditions and obligations thereof, passed by your honorable body on the 23d day of May, 1892, granting the said company the right to extend its street railroad along Monroe street from Eighth street east to Ninth street. Springfield City Railway Company, By R. N. Bayliss, Pres. An Ordinance granting to the Springfield City Railway Company the right to construct and operate an electric street railway on certain streets in the city of Springfield. [Passed October 3, 1892. Approved October 7, 1892.] Be it ordained by the City Council of the City of Springfield: 1443. Permit to construct and operate railway on certain streets.] § 1 . That subject to the provisions and regulations JV/V 1 774 SPECIAL OIU)J NANCES OF CITY. hereinafter named, and to the requirements of the general ordi- nances of the city, and to' all ordinances that may be hereafter passed concerning streets and street railways, there is hereby granted to the Springfield City Railway Company, its successors and assigns, the right and authority to construct and operate for the term of twenty years, an electric street railway, with necessary side-tracks, turn-outs and switches on Monroe street from a connection with the company’s tracks west of Ninth street to Fifteenth street, Fifteenth street from Monroe street to Capi- tol avenue, Capitol avenue from Fifteenth street to East Grand avenue, Twelfth street from Monroe street to Carpenter street, said tracks, side tracks, turn-outs and switches shall be located by and under the direction of the street and alley committee, and said railway company shall plank with two-inch plank be- tween its rails and six inches on either side at the intersections of streets and alleys and cross walks on streets where there is no pavements, and said company in constructing and operating said street railway shall have the right to intersect and cross the tracks of any other railroad or street railroad. 1444. Provisions in regard to poles.] § 2. To enable said street railroad to operate by electricity, it is hereby author- ized to erect suitable trimmed and pointed poles and supports along said streets from the generation or power house or car houses, to and along the line of said railway, and to connect the poles and supports by such wires as may be necessary for the transmission of power and successful operation of said railway. Select straight cedar poles shall be used of uniform size, about seven inches in diameter at the top end, and ten to twelve inches in diameter at the ground line. All poles shall be dressed smooth and straight, and neatly rounded or pointed at the top end, and set perpendicular in straight alignment with the curb- ing- 1445. Provisions in regard to wires.] § 3. The said wires shall be suspended not less than eighteen feet above the rails and no person or companies shall place any wires beneath the wires of said company in such a way as to obstruct the practi- cal operation of its road; and the poles shall be placed not less than one hundred feet apart except at the intersection of streets or avenues where the said distance will place the poles in the STREET RAILWAYS. 775 intersecting streets or avenues and avenues. Said poles shall at all times be kept neatly painted. Said poles shall be erected under the direction of the city through the street and alley com- mittee. The supporting wires, guard wires and fixtures, com- prising the overhead construction, shall be of a neat design and put up and constructed in a neat and substantial manner. 1446. Wires — penalty for removing or breaking.] § 4. All persons other than an officer or employe of the city, who shall willfully remove or break any of the wires used by said company in the operation of its railway shall be fined in a sum not exceeding two hundred dollars for each wire or part of wire removed or broken. 1447. Company to conform to established grade.] § 5. If at any time the city shall establish a grade on any street or ave- nue used or occupied by the track or tracks of said company or shall change the grade already established, the said railway com- pany, its successors and assigns, shall raise or lower its tracks to conform to said grade, when notified so to do by the city council or city engineer at its own cost and expense. 1448. Provisions in regard to paving.] § 6. On all streets, when the same or any part thereof shall be ordered to be paved by the city council, said company’s right of way thereon included in such order shall be paved between the rails of its- tracks and for the ■space of twelve inches on the outside of said rails and between the said main tracks and switches with such material and in such manner as the, city council shall order, and all paving required to be laid by said company shall be laid, and kept in repair with the same material used in it and at the expense of the company, and if said company, its successors and assigns, shall fail to comply with the provisions requiring it to repair and have on its right of way on any street after notice to do so by the city council or city engineer, by service thereon and any officer of said company after thirty days after receiving such notice said company shall forfeit and pay into the city treasury the sum of ten dollars per day upon the time said company shall fail to put down or repair said paving, as liquidated damages, the same to be recoverable of and from said company by the city of Springfield at the expense of said company, and said company to repay the cost thereof to the city on demand. 776 SPECIAL OltDI NANCES OF CITY. 1449. Guard wires.] § 7. And it is made the duty of said •company to stretch and maintain a suitable guard wire along and above its electric cable and over wires at all points within the -city where other wires belonging to other companies are ■suspended from or above said electric cables, the same to be •extended along the whole line of said railway when required by the city council, and in case of : willful violation of this section, said company shall be subject to a fine of not exceeding two hundred dollars for each and every day of such violation. 1450. Time for completing work.] § 8. The rights and privileges granted by this ordinance shall be forfeited to the city of Springfield unless said company shall fully complete and operate the lines on Monroe and Fifteenth streets and Capitol avenue within one year from the passage of this ordinance, unless i'the city council shall by ordinance extend the time. 1451. Shall protect city from damage suits.] § 9. The Springfield City Railway Company, its successors and assigns and all persons owning, leasing, operating or controlling said railway, shall save and keep harmless the city of Springfield, on account of any and all damages and costs on any causes of action that may be brought by or accrue to any person or persons, companies or corporations against said city at any time hereafter by reason of this grant, or by reason of the con- •iStrnetkm and operation of said railway or any part of it, in which the city may be sued or impleaded with said company, its successors and assigns, or otherwise. 1452. Rate of fare.] § 10. The rates for a continuous trip in one direction shall not exceed five cents for any person. All passengers, after paying one fare shall be entitled to receive transfer tickets for a continuous trip which shall pass them from the line of railway upon which said fare is paid to any point on any other line of street railway that is being now or may hereafter be operated by the Springfield City Railway Com- pany. 1453. Must accept within fifteen days.] § 11. This ordi- nance shall take effect and be in force only after the filing within fifteen days after its passage in the office of the city clerk of said city, by said Springfield City Railway Company, its sue- STREET RAILWAYS. 777 ■cessors or assigns, its acceptance of the terms thereof, which acceptance shall be in writing, and be reported by the city •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. Springfield, III., Oct. 6, 1892. To the Honorable Mayor and City Council of the City of Springfield: Gentlemen— The Springfield City Railway Company hereby accepts the •terms of an ordinance entitled “An ordinance granting the Springfield City Rail- way Company the right to construct and operate an electric street railway on cer- tain streets in the city,” passed by your honorable body the third day of Octo- ber, 1892. Springfield City Railway Company, By R. N. Bayliss, Pres. An Ordinance granting to the Springfield Consolidated Railway Company the right to put in or lay a curve, on certain streets in the city of Springfield. [Passed September!, 1897. Ordinance became effective without approval of the Mayor.] Be it ordained ~by the City Council of the City of Springfield: 1454. Permit to lay curve.] § 1 . That subject to the provisions and regulations hereinafter named, and to the re- quirements of the general ordinances of said city, and to all reasonable ordinances that may be hereafter passed concern- ing streets and street railways, there is hereby granted to the Springfield Consolidated Kailway Company, its successors and assigns, the permission and right to lay, operate and maintain a curve at the northwest corner of Fifth street and Capitol avenue to connect the present track on Fifth street with that on Capitol avenue. 1455. Trolley wires above curve.] § 2. In order to enable said company to operate the above curve, the permission and right is hereby given to stretch trolley and guard wires above said curve. 1456. Grade — construction.] § 3. All of said work to be done under the instructions and subject to the approval of the street and alley committee, and to grade given by the city engineer and under his supervision. 1457. When in force.] § 4. This ordinance shall take effect and be in force from and after its passage. 778 SPECIAL ORDINANCES OF CITY. An Ordinance granting to the Springfield Consolidated Railroad Company the right to construct and operate an electric street railway over certain streets in the city of Springfield. [Passed September 18, 1899. Approved September 18, 1899. J Be it ordained by the City Council of the City of Spring field : 1458. Permit to operate on certain streets.] § 1. That subject to the provisions and regulations hereinafter made, and the requirements of the general ordinances that may hereafter be passed concerning streets and street railways, there is hereby granted to the Springfield Consolidated Hailway Company, its successors and assigns, the right and authority to construct and operate an electric railway, with the necessary side tracks, turn- outs and switches, on the following streets of said city, to-wit: Commencing at the intersection of Washington and Eleventh streets, and running thence north on Eleventh street to Jeffer- son street, thence east on Jefferson street to Fourteenth street, thence north on Fourteenth street to Carpenter street, and thence east on Carpenter street to East Grand avenue. Said tracks, side-tracks, turnouts and switches shall be located by and under the direction of the street and alley committee, and said rail- way company shall plank and keep in repair, with good two inch oak plank between its rails and six inches on either side at the intersection of streets and alleys on streets where there in no paving. And said company in constructing and operat- ing said street railway shall have the right to intersect and cross the tracks of any steam railroad. 1459. Provisions in regard to poles.] § 2. To enable said company to operate by electricity, it is hereby authorized to erect suitable trimmed and painted poles and supports along each side of said street, from the generator or power station or stations,- or car houses, to and along the line of said railway and to connect the pales and supports by such wires as may be necessary for the transmission of power and successful opera- tion of said railway. Select straight cedar poles shall be used, of uniform size, about seven inches in diameter at the top end, and ten or twelve inches in diameter at the ground line. All poles shall be dressed smooth and straight and neatly rounded or pointed at the top end, anl set perpendicular in straight alignment with the street curbing; and the poles shall be placed not less than one hundred feet apart, except at the in- STREET RAILWAYS. 779 tersection of streets and avenues, where the said distance would place the poles in the intersection of the streets or avenues. Said poles shall at all times be neatly painted; but nothing herein shall preclude the said company using poles already erected. Said poles shall be erected under the direction of the city, through the street and alley committee or proper of- ficers. 1460. Wires.] § 3. The said wires shall be suspended not less than eighteen feet above the rails, and no persons or com- panies shall place any wires beneath the wires of said com- pany in such a way as to obstruct the practical operation of its road. The supporting wires, guard wires and fixtures, comprising the overhead construction shall be of a neat design, and put up and constructed in a uniform- neat and substan- tial manner. 1461. Penalty for removing or breaking wires.] § 4. Any persons other than an officer or employe of the city who shall willfully remove or break any of the wires used by said rail- way, shall be fined in a sum not to exceed two hundred dollars for each wire or part of wire removed or broken. 1462. To conform to grade.] § 5. If at any time the city shall establish a grade on any street or avenue used or oc- cupied by the track or tracks of said company, or shall change the grade already established, the said railway company, its successors and assigns, shall raise or lower its track to conform to said grade when notified so to do by the city council or city engi- neer, at its own cost and expense. 1463. Paving.] § 6. On all streets where the same or any part thereof shall be ordered to be paved by the city council, said company’s right of way thereon, included in such order, shall be paved between the rails of its track, and for the space of twelve inches outside of said rails, and between the main tracks and switches with such material and in such manner as the city council shall order; and all paving ordered to be laid by said company shall be laid and kept in repair, with the same material used in it, and at the expense of the said company. And if the said company, its successors and as- signs, shall fail to comply with the provisions requiring it to 780 SPECIAL ORDINANCES OF CITY; repair and pave on its right of way any streets, after notice to do so by the city council or city engineer, by service thereon, on any officer of said company, after thirty days after receiv- ing such notice, the said company shall forfeit and pay into the city treasury the sum of ten dollars per day upon the time the said company shall fail to put down or repair said paving, as liquidated damages, the same to be recoverable of and from said company, by the city of Springfield, at the expense of said company, and said company shall repay the cost thereof to the city upon demand. 1464. Guard wires.] § 7. And it is made the duty of said company to stretch and maintain a suitable guard wire along and above its electric cable and over wires at all points within the city where other wires belonging to other companies are suspended from or above said electric cable, the same to be ex- tended along the whole line of said railway when required by the city council. 1465. To commence construction within ninety days.] § 8. The right to build and operate in the streets set forth in section one herein, shall be forfeited to the city of Spring- field, unless the said company shall commence the construc- tion of said railway within ninety days from the passage of this ordinance. If any portion of the routes set forth in section one herein is not completed and in operation within nine months from the date of the passage of this ordinance, the grant as to such uncompleted portion shall be forfeited to the city of Springfield, unless the city council shall by ordinance extend the time of completion. Time shall not run against said rail- way company if the delay is not due to the fault of the company. 1466. Shall protect city from damage suits.] § 9. Said Springfield Consolidated Railway Company, its successors and assigns, or all persons or corporations, owning, leasing, operat- ing or controlling said railway, shall save and keep harmless the city of Springfield on account of any and all damages and costs on any cause of action that may be brought by any per- son or persons, companies or corporations against said city at any time hereafter by reason of this grant or by reason of STREET RAILWAYS. 781 the construction of said railway or any part of it, in which the city may be sued or impleaded with said company, its succes- sors or assigns, or otherwise. 1467. Rate of fare.] § 10. The rate of fare for a con- tinuous trip in one direction shall not exceed five cents for each person. All persons after paying one fare shall be entitled to receive transfer tickets for a continuous trip which will pass them on the line of railway upon which fare is paid to any point on any other line of street railway that is being now or may be hereafter operated by the Springfield Consolidated Railway Com- pany. 1468. All rights extended for twenty years.] § 11. All rights and privileges heretofore granted to the Springfield City Railway Company, the Capital Horse Railway Company, the People’s Electric Gas Motor and Horse Railway Company, the Citizens Street Railway Company and the Springfield Consoli- dated Railway Company, are hereby extended for twenty years fronf the passage of this ordinance. 1469. Company must accept within fifteen days.] § 12. This ordinance shall take effect and be in force only upon the filing within fifteen days after its passage, in the office of the city clerk of the said city, by said Springfield Consolidated Rail- way Company, its successors and assigns, of its acceptance 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 considerations aforesaid. Acceptance. Springfield, III., Sept. 19, 1899. To the Honorable Mayor and City Council of the City of Springfield, 111. : Gentlemen— The Springfield Consolidated Railway Company hereby ac- cepts the terms of an ordinance entitled “An ordinance granting to the Spring- field Consolidated Railway Company the right to construct and operate an elec- tric street railway over certain streets in the city of Springfield.” Passed Septem- ber 18th, 1899, and approved September 18th, 1899. Springfield Consolidated Railway Company, By William Jarvis, President. 782 SPECIAL ORDINANCES OF CITY. An Ordinance granting to the Springfield Consolidated Railway Company the right to construct and operate an electric street railway over certain streets in tiie city of Springfield. I Passed July 1, 1931. Approved July 2, 1901.] Be it ordained by the City Council of the City of Springfield: 1470. Permit to operate along certain streets — conditions.] § 1. That subject to the provisions and regulations hereinafter made, and to the requirements of the general ordinances of said city and to all reasonable ordinances that may hereafter be passed concerning streets and street railways there is hereby granted to the Springfield Consolidated Kailway Company, its successors and assigns, the right and authority to construct and operate an electric railway with necessary side-tracks, turnouts and switches on the following streets of said city, to-wit : Com- mencing at the intersection of Walnut and Monroe streets, thence west on Monroe street to Glen wood avenue, thence north on Glen wood avenue to Washington street, thence west on Washing- ton street to Amos avenue. Said tracks, side tracks, turnouts, and switches shall be located by and under the direction of the street and alley committee and said railway company shall ]Jlank and keep in repair, with good two-inch oak plank between its rails and six inches on either side at the intersection of the streets and alleys on streets where there is no paving. And said company shall grade on each side of the rails and between the rails of said railroad the entire length thereof in such a manner that vehicles can conveniently cross said track at any point thereof. And said company in constructing and operating said street railway shall have the right to intersect and cross the tracks of any steam railroad : Provided, however, that said Springfield Consolidated Railway Company, its successors and assigns, shall provide ample service for the accommodation of the public by running cars thereon regular from six o’clock a. m. to eleven o’clock p. m., at least every fifteen minutes during such time : And provided, further, that said cars shall all be operated with a conductor thereon. 1471. Provisions as to poles.] § 2. To enable said com- pany to operate by electricity, it is hereby authorized to erect suitable trimmed' and painted poles and supports along each side of said streets from the generator or power station or stations or car houses to and along the lines of said railway, and to con- nect the poles and supports by such wires as may be necessary STREET KAIL WAYS. 783 for the transmission of power and successful operation of said railway. Select straight cedar poles, shall be used, of uniform size, about seven inches in diameter at the top end, and ten or twelve inches in diameter at the ground line. All poles shall be dressed smooth and straight and neatly rounded or pointed at the top end, and set perpendicular in straight alignment with the street curbing and the poles shall be placed not less than one hundred feet apart, except at the intersections of the streets and avenues where the said distance would place the poles in the in- tersection of the streets and avenues. Said poles shall at all times be kept neatly painted; but nothing herein shall preclude the said company using poles already erected. Said poles shall be erected under the direction of the city through the street and alley committee or proper officers. 1472. Wires.] § 3. The said wires shall be suspended not less than eighteen feet above the rails, and no person or persons or companies shall place any wires beneath the wires of said company in such a way as to obstruct the practical operation of its road. The supporting wires, guard wires, and fixtures, com- prising the over head construction shall be of a neat design and put up and constructed in a uniform neat and substantial manner. 1473. Penalty for damaging wires.] § 4. Any persons, other than an officer or an employee of the city, who shall will- fully remove or break any of the wires used by said railway company in the operation of its railway, shall be fined in a sum not to exceed two hundred dollars for each wire or part of wire removed or broken. 1474. To conform to grade.] § 5. If at any time the city shall establish a grade on any street or avenue used or oc- cupied by the track or tracks of said company, or shall change the grade already established, the said railway company, its suc- cessors or assigns, shall raise or lower its tracks to conform to said grade when notified so to do by the city council or city en- gineer at its own expense. 1475. Streets to be paved and kept in repair.] § 6. In- all streets where the same or any parts thereof shall be ordered to be paved by the city council, said company’s right of way thereon 784 SPECIAL ORDINANCES OF CITY. included in such order shall be paved between the rails of its track and for the space of twelve inches outside of said rails and between the main tracks and switches., with such material and in such manner as the city council shall order, and all paving ordered to be laid by said company shall be laid and kept in re- pair with the same material used in it and at the expense of the company. And if the said company, its successors and assigns, shall fail to comply with the provisions requiring it to repair and pave on its right of way on any street after notice to do so by the city council or city engineer by service thereon on any officer of said company, after thirty days after receiving such notice the said company shall forfeit and pay into the city treasury the sum of twenty-five dollars per day from the time the said company shall fail to put down and repair said paving, as liquidated damages, the same to be recoverable of and from the said company by the city of Springfield, at the expense of said company, and said company shall repay the cost thereof to the city on demand. 1476. Guard wires.] § 7. And it is made the duty of the said company to stretch and maintain a suitable guard wire along and above its electric cable and other wires at all points within the city where other wires belonging to other companies are suspended from or above electric cables the same to be ex- tended along the whole line of said railway when required by the city council. 1477. Time of commencing and completing.] § 8. The right to build and operate in the streets set forth in section one herein shall be forfeited to the city of Springfield unless the said company shall commence the construction of said railway within thirty days from the passage of this ordinance; and if any por- tion of the routes set forth in section one herein is not completed and in operation within four months from the date of the pas- sage of this ordinance, the rights herein granted shall be forfeited to the city of Springfield, unless the city council shall by ordi- nance extend the time for completion. Time shall not run against said railway company if the delay is not due to the fault of said company. 1478. Shall protect city from damage suits.] § 9. Said Springfield Consolidated Railway Company, its successors and STREET RAILWAYS. 785 assigns, and all persons and corporations owning, leasing, operat- ing, or controlling said railway shall save and keep harmless the city of Springfield, on account of any and all damages and costs of any cause of action that may be brought by any person or persons, corporations or companies, against said city at any time hereafter by reason of this grant or by reason of the con- struction of said railway or any part of it in which the city may be sued or impleaded with said company, its successors and assigns, or otherwise. 1479. Rate of fare.] § 10. The rate of fare for a continu- ous trip in one direction shall not exceed five cents for each person. All persons after paying one fare shall be entitled to receive transfer tickets for a continuous trip, which shall pass them on the line of railway upon which said fare is paid to any point on any other line of street railway that is being now, or may be hereafter operated by the Springfield Consolidated Rail- way Company. 1480. Must accept within fifteen days.] § 11. This ordi- nance shall take effect and be in force only upon the filing within fifteen days after its passage, in the office of the city clerk of said city, by said Springfield Consolidated Railway Company, its successors and assigns, of its acceptance 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 journals thereof, subject to the conditions aforesaid. And this ordinance shall continue and be in force for a period of twenty years. Acceptance. Springfield Consolidated Railway Co., Springfield, Illinois. C. K. Minary, Manager. July 2nd, 1901. To the Honorable Mayor and City Council of the City of Springfield, Illinois: Gentlemen— The Springfield Consolidated Railway Company hereby ac- cepts the terms of an ordinance entitled “An ordinance granting to the Spring- field Consolidated Railway Company the right to construct and operate an elec- tric street railway over certain streets in the city of Springfield, ” passed July 1st, 1901, and approved July 2nd, 1901. (Signed) Springfield Consolidated Railway Co., By William Jarvis, President. . 786 SPECIAL ORDINANCES OF CITY. An Ordinance granting to the Springfield Consolidated Railway Company the right to construct and operate an electric street railway over certain streets in the city of Springfield. | Passed January 20, 1902. Approved January 20, 1902.] Be it ordained by the City Council of the City of Springfield: 1481a, Company authorized to construct and operate a road on parts of certain streets.] § 1. That subject to the provisions and regulations hereinafter made, and to the re- quirements of the general ordinances of said city, and to all reasonable ordinances that may hereafter be passed concerning streets and street railways, there is hereby granted to the Springfield Consolidated Railway Company, its successors and assigns, the right and authority to construct and operate a sin- gle or double track electric railway with necessary side tracks, curves, turnouts, switches and cross overs, on the following streets of said city, to-wit: Commencing at Spring street and South Grand avenue, thence south on Spring street to Cedar street, thence west on Cedar street to twelve hundred feet west of Fasfield street. Said tracks, side tracks, turnouts, switches and cross overs shall be located by and under the direction of the street and alley committee, and said railway company shall plank and keep in repair, with good, two-inch oak planks, be- tween its rails and twelve inches on either side at the inter- section of the streets and alleys on streets where there in no pav- ing. And said company shall grade between and on each side of the rails and keep same well filled the entire length in such a manner that vehicles can conveniently cross said tracks at any point. And said company in constructing and operating said street railway shall have the right to intersect and cross the tracks of any steam railroads: Provided, however , that said Springfield Consolidated Railway Company, its successors and assigns, shall provide ample service for the accommodation of the public by running cars thereon regularly from six o’clock a. m. to eleven o’clock p. m. at least every fifteen minutes dur- ing such time; and provided, further, that said cars shall all be operated with a conductor thereon. 1481b. Right to erect poles and string wires.] § 2. To enable said company to operate by electricity, it is hereby au- thorized to erect suitable trimmed and painted poles and sup- ports, along each side of said streets from the generator or STREET RAILWAYS. 787 power station or stations, or car houses, to and along the lines of said railway, and to connect the poles and supports by string- ing or erecting such wires for the transmission of power, and the return ground, as may be necessary for the successful opera- tion of said railway. Select, straight cedar poles shall be used, of uniform size, about seven inches in diameter at the top end ,and ten or twelve inches in diameter at the ground line. All poles shall be dressed smooth and straight and neatly rounded or pointed at the top end, and set, perpendicular in straight alignment with the street curbing, and the poles shall be placed not less than one hundred feet apart, except at the intersec- tions of the streets and avenues, where the said distance would place the poles in the intersections of the streets and avenues. Said poles shall at all times be kept neatly painted ; but nothing herein shall preclude the said company using poles already erected. Said poles shall be erected under the direction of the city, through the street and alley committee or proper city officers. 1481c. Wires — height of — not to be obstructed — guard wires.] § 3. The said wires shall be suspended not less than eighteen feet above the rails, and no person or companies shall place any wires beneath the wires of said company in such way as to obstruct the practical operation of its road. The sup- porting wires, guard wires and fixtures, comprising the over- head construction, shall be of a neat design, and put up and constructed in a uniform, neat and substantial manner. 1481d. Wires — penalty for removing or breaking.] § 4. Any person or persons other than an officer or employe of the city, who shall willfully break or remove any of the wires used by the said railway company in the operation of its railway, shall be fined in a sum not to exceed two hundred dollars for each wire or part of wire removed or broken. 1481 e. Grade — established or changed — company to con- form.] § 5. If at any time the city shall establish a grade on any street or avenue used or occupied by the track or tracks of said company, or shall change the grade already established, the said railway company, its successors or assigns, shall raise or lower its track to conform to said grade when notified so to do by the city council, or city engineer, at its own expense. 788 SPECIAL ORDINANCES OF CITY. 1481f. Company to pave right of way — penalty for neglect.] § G. On all streets where the same or any part thereof shall be ordered to be paved by the city council, said company’s right of way thereon included in such order, shall be paved between the rails of its track, and for the space of twelve inches out- side of said rails and between the main track and switches, with such material and in such manner as the eity council shall order, and all paving ordered to be laid by said company shall be laid and kept in repair with the same material used in it, and at the expense of the company. And if the said company, its successors and assigns shall fail to comply with the pro- visions requiring it to repair and pave on its right of way on any street, after notice to do so by the city council or city en- gineer, by service thereon on any officer of said company, after thirty days after receiving such notice, the said company shall forfeit and pay into the city treasury the sum of twenty-five dollars per day upon the time the said company shall fail to put down and repair said paving, as liquidated damages, the same to be recoverable of and from said company by the city of Springfield, at the expense of said company, and said com- pany shall repay the cost thereof to the city on demand. 1481g. Guard wires.] § 7. And it is made the duty of said company to stretch and maintain a suitable guard wire along and above its electric cable and other wires at all points within the city where other wires belonging to other companies are suspended from or above said electric cable, the same to be ex- tended along the whole line of said railway when required by the city council. 1481h. Company to commence construction within sixty days.] § 8. The right to build and operate in the streets set forth in section one (1) herein shall be forfeited to the city of Springfield, unless the said company shall commence the construction of said railway within sixty days from the passage of this ordinance. If cars are not in actual operation within eight months from the date of the passage of this ordinance, the rights herein granted shall be forfeited to the city of Spring- field, unless the city council shall, by ordinance, extend the time. The time shall not run against the said company if the delay is not due to the fault of said company. STREETS AND ALLEYS. 789 1481i. City to be kept harmless.] § 9. Said Springfield Consolidated Kailway Company, its successors and assigns, and all persons or corporations owning, leasing, operating or controlling said railway, shall save and keep harmless the city of Springfield on account of any and all damages and costs, of any cause of action that may be brought by any person or persons, companies or corporations against said city at any time hereafter by reason of this grant or by reason of the con- struction of said railway or any part of it, in which the city may be sued or impleaded with said company, its successors and assigns, or otherwise. 1481j. Rate of fare.] § 10. 'The rate of fare for one con- tinuous trip in one direction shall not exceed five cents for each person. All persons after paying one fare shall be entitled to receive transfer tickets for a continuous trip, which shall pass them on the line of railway upon which said fare is paid to any point on any other connecting line of street railway that is being now, or may be hereafter, operated by the Springfield Consolidated Railway Company. 1481k. Company to file acceptance — ordinance to be in force twenty years.] § 11. This ordinance shall take effect and be in force only upon the filing within fifteen days after its passage in the office of the city clerk of said city, by said Springfield Consolidated Railway Company, its successors and assigns, of its acceptance 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, subject to the condi- tions aforesaid, and this ordinance and all ordinances hereto- fore granted said company, shall continue and be in force for a period of twenty years from the date of the acceptance of this ordinance. STREETS AND ALLEYS. CHANGE OF NAME. An Ordinance changing the name of Market street. [Passed September 3,1877.] Be it ordained by the City Council of the City of Springfield: 1481. Market street changed to Capitol avenue.] § 1. That the name of Market street be, and the same is hereby, SPECIAL ORDINANCES OF CITY. 7 ( J0 changed to Capitol avenue; and all ordinances or parts of ordi- nances in conflict herewith are hereby repealed. 1482. 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.] Whereas, The street running north and south through the city, in the western part thereof, being named, respectively, Reval 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. STREETS VACATED. An Ordinance providing for vacating a certain portion of Third street. [Passed November 13, 1865. Approved November 13, 1865.] Be it ordained by the City Council of the City of Springfield: 1483. Vacation of part of Third street.] § 1. That the west twenty-six (26) feet of Third street, between blocks three (3) and four (4), in Allen’s addition 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 Ordinance vacating the east end of New (or rear) 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.] Be it ordained by the City Council of the City of Springfield: 1484. Vacation of part of street and alley.] § 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 ofi the east end of the alley in block fifteen (15) in E. IJes’ addition to the town (now city) of Springfield, be, and the same are hereby, discontinued and vacated, as a street and alley, 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.* * The remaining portion of the above ordinance is omitted. STREETS AND ALLEYS. 791 An Ordinance for vacating portions of Cass and Kansas streets, and for other purposes therein mentioned. [Passed Dec. 4, 1882. Approved Dec. 6, 1882. J Whereas, The Wabash, St. Louis and Pacific Railway Com- pany has agreed that, upon the passage of the ordinance here- inafter recited, by the city council of the city of Springfield, the said company will abandon all claim for damages arising by reason of the projection and extension, by said city, of O’Don- nell 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: 1485. Vacation of parts of Cass and Kansas streets.] § 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 be- tween block eight (8) in Barret’s addition to the city of Spring- field, 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. 1486. Proceedings for the extension of Douglas and Clay streets to be 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. 1487. Right reserved to build a foot-bridge across the right of way 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 con- structed under the joint supervision and control of engineers to be appointed b}^. the city council and the said railway com- pany, respectively. 1488. In force from passage.] § 4. This ordinance shall take effect and be in force from and after its passage. 792 SPECIAL ORDINANCES OF CITY. An Ordinance to vacate an alley in Charles Kidgely’s addition. [Approved March 12, Be it ordained by the City Council of the City of Springfield: 1489. Vacation of alley.] § 1 . That the alley on the west end of lots one and two and on the east side of lot five, in Charles Bidgely’s addition to the city of Springfield, be and the same is hereby vacated, and that the land forming said alley shall be attached to and form a part of lot five in said addition, by reason of a private alley on the west side of lot six being granted to the owners of the lots in said addition. 1490. When in force.] § 2. This ordinance shall be in effect from and after its passage. An Ordinance changing the name of High street, Wright street and Douglas- street to Douglas avenue. [Passed Dec. 11, 1888. Approved Dec. 15, 1888.] Whereas, The streets running east and west through the city named, respectively, High street, Wright street and Douglas street, are substantially on the same line and substantially the same street; therefore. Be it ordained by the City Council of the City of Springfield: 1491. Change of name.] § 1 . That the names of High street, Wright street and Douglas street be dropped, and that said streets be named and hereafter be known as Douglas avenue. 1492. When in force.] § 2. This ordinance shall take effect and be in force from and after its passage. An Ordinance to provide for vacating a certain portion of Taylor street. [Passed November 11, 1889. Approved November 15, 1889.] Be it ordained by the City Council of the City of Springfield : 1493. Portion of Taylor street vacated.] § 1. That alt that portion of Taylor street west of a line beginning at the southeast corner of block two, in J. Bunn’s addition to the city of Springfield, and extending north to a point on the south line of Miller street sixty feet west of the northwest corner of lot seventeen in block one, in J. Bunn’s addition to the city of Springfield, be, and the same is hereby, vacated as a street. The city hereby expressly reserves the right to tap, and to au- STREETS AND ALLEYS. 793 thorize others to tap a sewer in said portion of Taylor street vacated by this ordinance. An Ordinance to provide for vacating a portion of Division and Eleventh streets. [Passed May 13, 1887.] Be it ordained by the City Council of the City of Springfield : 1494. Vacation of part of street.] § 1 . That a triangu- lar piece of ground, which was originally platted as a part of Division street and Eleventh street on the southeast corner of block four of John W. Priest's complete addition to the city of Springfield, be and the same is hereby vacated as a street. Said triangular piece of ground is bounded as follows: Beginning at the east end of the south side of lot eleven in block four of John W. Priest’s complete addition to the city of Springfield, running thence east twenty-six feet one and a half inches, thence north twenty-nine feet seven and a quarter inches, thence in a direct line in a southwest direction to the place of beginning. 1495. When in force.] § 2. This ordinance shall be in force from and after its passage. An Ordinance for vacating and changing an alley in block eleven (11) of Al- len’s Addition to the city. [Approved August 14, 1884.] Be it ordained by the City Council of the City of Springfield : 1496. Vacation and change of alley.] § 1 . That the alley, sixteen feet wide, situated in the west half of block eleven, in (W. H. ) Allen’s addition to the city of Springfield, and ex- tending from the east line of Third street to the east line of an alley running north and south through the north half of said block eleven as provided for by an ordinance of the city coun- cil, passed August 20, 1866, be and the same is hereby vacated, and all claim of the city thereto is hereby relinquished; said vacation to take effect only on the formal conveyance by the owner, to the city of Springfield, of the south sixteen feet of lot six, block eleven in said Allen’s addition for the uses of an alley. 1497. When in force.] § 2. This ordinance shall take effect and be in force from and after its passage, subject to the conditions aforesaid. —27 SPECIAL ORDINANCES OF CITY. 794 An -ORDINANCE vacating a portion of a certain alley in James Brown's Addi- tion. [Approved July 8, 1884.] Be it ordained by the City Council of the City of Springfield: 1498. Vacation of part of alley.] § 1. That that portion of alley in James Brown’s addition to Springfield, lying north of lot 27, in said James Brown’s adddition, be and the same is hereby vacated, and the act of said James Brown, in platting that portion of said alley rendered null and void, and all claims of the city thereto are hereby relinquished: Provided, that the owners of lot 27, in James Brown’s addition, plat, or cause to be platted, off the south side of said lot an alley 16 feet wide, and 'off the east side an alley 20 feet wide. 1499. When in force.] § 2. This ordinance shall take effect and be in force from and after its passage. ■ An Ordinance to vacate part of an alley near South Second street. [Approved Oct. 8th, 1884.] Be it ordained by the City Council of the City of Springfield: 1500. Vacation of part of an alley.] § 1. That, whereas, by the acceptance and adoption by the city council of the plat of Ihlenfeldt’s subdivision of part of block 1, of Broadwell and Elkin’s addition to Springfield, the south half of the alley run- ning from the east side of South Second street east one hun- dred and fifty- two feet to the west side of the alley running north and south from Vine street to South Grand avenue on the east side of Walker and Stebbins’ subdivision and Thlen- feldt’s subdivision was vacated, the north half of said alley, first above described, being a strip of land eight feet wide and one hundred and fifty-two feet long, running east and west along the south side of and adjoining lot number 3 of Walker and Stebbins’s subdivision, of lots number 5, 6, 7, and 8 of block No. 1 of Broadwell and Elkin’s addition to Springfield, be and the same is hereby discontinued and vacated as an alley. An Ordinance to provide for vacating Grimsley avenue. [Passed Nov. 7, 1887. Approved Nov. 8, 1887.] Be it ordained by the City Council of the City of Springfield: 1501. Vacation of avenue.] § 1. That Grimsley avenue in said city be and the same is hereby vacated as a street or avenue. STREETS AND ALLEYS. 705'. 1502. When in force.] § 2. This ordinance shall be in force from and after its passage. An Ordinance granting permission to A. L. Ide & Son to bridge the public alley between Fourth and Fifth streets, near Madison. [Passed April 13, 1888. Approved April 14, 1888.] Whereas, A. L. Ide & Son by petition dated March 2 , 1888, have asked permission to connect their present foundry, on the northwest corner of Fifth and Madison streets, with a new foun- dry building to be erected across the alley west from their foun- dry. Now, therefore, Be it ordained by the City Council of the City of Springfield : 1503. Permit to bridge alley.] § 1. That permission is hereby given to A. L. Ide & Son to place a bridge with fire proof roof across the public alley running north from Madison street.* between Fourth and Fifth streets, so as to connect their prop- erty on each side of said alley. Said bridge shall be of a plain satisfactory to the city engineer, shall be not exceeding twenty feet in width, and the lowest projections and timbers shall be at least sixteen feet above the surface of the alley. This permission shall only be given for the space of twenty years from the pas- sage of this ordinance, and no rights of the city shall be givem or impaired beyond that time. 1504. To be accepted within thirty days.] § 2. Said A, L. Ide & Son shall, within thirty days from the passage of this ordinance, make written acceptance of the same, or the per- mission hereby given shall be withdrawn. 1505. When in force.] § 3. This ordinance shall be in force from and after its passage. An Ordinance granting to Charles Freitag the right to construct a scale inanr. alley. [Passed October 17, 1890. Approved October 21, 1890.] Be it ordained by the City Council of the City of Springfield : * 1506. Permit to construct scale in alley.] § 1. There is hereby granted to Charles Freitag permission and authority to construct a scale in an alley on the east side of the real estate owned by the said Charles Freitag and designated as 808 En- terprise street, said alley extends from Enterprise street to Lin- coln street, and is between Eighth and Ninth streets: Pro- SPECIAL ORDINANCES OF CITY. 796 aided, that said Freitag shall not weigh, or permit to be weighed, any thing for any person but himself. It being expressly in- tended that said scale shall be for the sole purpose of said Freitag. 1507. Liable for damages. ] § 2. The said Charles Freitag shall be liable to the city of Springfield, and to private persons, for all damages and injuries caused by or arising from the use or occupancy of said alley by him for the purposes aforesaid. 1508. Bond to be given.] § 3. Said Charles Freitag shall, within ten days after the passage of this ordinance, give bond in the sum of $2,000, with sufficient sureties to be approved by the mayor, conditioned for the faithful performance by said Charles Freitag of the conditions contained in this ordinance. 1509. When in force.] § 4. This ordinance shall take effect and be in force from and after its passage, the execution and approval of said bond and the acceptance hereof in writing by said Charles Freitag. An Ordinance providing for the sale of Cottage street, the vacation thereof and the purchase of other lots for the extension of Mason street. [Passed July 19, 1897. Approved July 20, 1897.] Be it ordained by the City Council of the City of Springfield: 1510. Exchange of property authorized for the extension of Mason street.] § 1 . The mayor and comptroller are hereby authorized and directed to execute and deliver, under the seal of the city, a good and sufficient deed to Redick M. Ridgely, Charles Ridgely, and Wm. Ridgely, executors and trustees under the will of N. H. Ridgely, deceased, for that tract of ground in the city of Springfield, known as Cottage street, and which lies between 14th and 15th streets, in the “Cottage Carden Addition” to said city as the same was adopted and acknowledge by 3ST. H. Ridgely and wife, proprietors, June 2, 1856, in the recorder’s office of Sangamon county, Illinois, in Book W. W., page 606, upon the delivery to them of a good and sufficient deed, con- veying to the city of Springfield lots sixty-nine (69) and seventy (70) in Cottage Garden Addition to said city, and upon giving to the city actual possession thereof, said property to be used by the city for the extension of Mason street. 1511. Cottage street vacated.] § 2. Upon the receipt by the city of such deed from said executors and trustees and the STREETS AND ALLEYS. 797 delivery of possession of said lots to it, the said Cottage street shall be, and is hereby declared to be vacated. 1512. When in force.] § 3. This ordinance shall take effect and be in force from and after its passage. An Ordinance to provide for opening, widening and extending Miller street from the east side .of Thirteenth street to the west side of Fifteenth street. [Passed February 7, 1898. Approved February 11, 1898.] Be it ordained by the City Council of the City of Springfield: 1513. Miller street opened, widened and extended.] § 1. That the following local improvement be and the same is hereby ordered to be made in said city to- wit: That Miller street in said city be opened, widened, and extended a width of eighty feet from the east side of Thirteenth street to the west side of Fifteenth street. 1514. City engineer to make survey.] § 2. It shall be the duty of the city engineer on the passage of this ordinance, to make a survey of the land over which proposed street will pass, and prepare a plat, showing the street lines, and give to the city attorney a description of each tract of land taken by the improvement, with the names of the owners so far as he can obtain them. 1515. Improvement to be made and cost paid by general taxation.] § 3. Said improvement shall be made and the cost thereof paid by general taxation. 1516. Committee to estimate cost.] § 4. The following named persons to-wit : Fitzgerald, Franks and Miller are hereby appointed as a committee to make an estimate of the cost of said improvement, including labor, material, and all other expenses attending same, including the cost of making levying and col- lecting the special assessment hereinbefore provided for, and said committee shall make such estimate and report the same in writing to the city council of said city at its next meeting or as soon hereafter as practicable. 1517. Petition to be filed in county court for assessment of costs.] § 5. Upon the filing of said report and its approval by the city council, the city attorney shall prepare and file a petition in the name of the city of Springfield, in the county SPECIAL ORDINANCES OF CITY. 798 court of Sangamon county, for proceedings to ascertain the amount of just compensation, to be made for property taken or damaged by the proposed improvement, and upon it being ascer- tained, it shall be his duty to file a further petition in said court in the name of the city for proceedings to assess the cost of the improvement, as required by the provisions of this ordinance, and in the manner provided by law. 1518. When in force.] § G. This ordindnee shall take effect and be in force from and after its passage: An Ordinance to provide for opening, widening and extending Mason alley from the west side of Fifth street to the east aide of Fourth street. [Passed February 7, 1898. Approved February 11, 1898.] Be it ordained by the City Council of the City of Springfield : 1519. Opening, widening and extending Mason alley.] § 1. That the following local improvement be and the same is hereby ordered to be made in said city, to-wit: That Mason alley in said city be opened, widened, and extended a width of fourteen feet, in addition to its present width from the west side of Fifth street to the east side of Fourth street, the said opening, widening, and extending said Mason alley shall be done by widening it fourteen feet on the north side of said Mason alley from the west side of Fifth street to the east side of Fourth street. 1520. City engineer to make survey.] § 2. It shall be the duty of the city engineer upon the passage of this ordinance to make a survey of the land over which the proposed alley will pass, and prepare a plat showing the alley lines, and give to the city attorney a description of each tract of land taken by the improvement, with the names of the owners so far as he can ob- tain them. 1521. Cost to be paid by general taxation.] § 3. Said improvement shall be made, and the costs thereof paid by general taxation. 1522. Committee to make estimate of cost.] § 4. The following named persons, to-wit: Phillips, Sutton and Reifler, are hereby appointed as a committee to make an estimate of the cost of said improvement, including labor and all other expenses STREETS AND ALLEYS. 799 attending the same, and said committee shall make such esti- mate and report the same in writing to the city council of the said city, at its next meeting, or as soon thereafter as practicable. 1523. City attorney to file petition for assessment.] § 5. Upon the filing of said report and its approval by the city coun- cil, the city attorney shall prepare and file a petition in the name of the city of Springfield in the county court of Sanga- mon county for proceedings to ascertain the amount, of just compensation to be made for property taken or damaged by the proposed improvement. 1524. When in force.] § 6. This ordinance shall take effect and be in force from and after its passage. An Ordinance to provide for widening Fourth street from the north side of North Grand avenue sixteen feet to a point five hundred and twenty-eight feet nine inches north. [Passed March 21, 1898. Approved March 31, 1898.] Be it ordained by the City Council of the City of Springfield: 1525. Fourth street widened.] § 1. That the following local improvement be, and the same is hereby ordered to be made in said city, to-wit : That Fourth street in said city be widened sixteen feet in addition to its present width from the north side of North Grand avenue and the east side of Fourth street to a point 528 feet nine inches north. The widening of said Fourth street shall be done by widening it sixteen feet from the north side of North Grand avenue and the east side of Fourth street to a point 528 feet nine inches north, the same being known as lot 3^2? of the sub-division west southwest 14 of Section 22-16-5, as shown by plat book No. 2, page 160, in county recorder’s office. 1526. City engineer to make survey.] § 2. It shall be the duty of the city engineer upon the passage of this ordinance to make a survey of the land which will be used for the widen- ing of said street, and prepare a plat showing the street lines, and give to the city attorney a description of said tract of land taken by the improvement, with the name of the owner or owners. 1527. Costs to be paid by general taxation.] § 3. Said improvement shall be made and the costs thereof paid by general taxation. 800 SPECIAL ORDINANCES OF CITY. 1528. Committee to estimate cost.] § 4. The following named persons, to-wit: Hatch, Gard and Fitzgerald are hereby appointed as committee to make an estimate of the cost of said improvement, including labor, and all other expenses attending the same, and said commitee shall make such estimate and re- port the same in writing to the city council of the city of Spring- field at its next meeting, or as soon thereafter as practicable. 1529. City attorney to file petition for assessment of costs.] § 5. Upon the filing of said report and its approval by the city council, the city attorney shall prepare and file a petition in the name of the city of Springfield, in the county court of Sangamon county, for proceedings to ascertain the amount of just com-, pensation to be made for property taken or damaged by the proposed improvement. 1530. When in force.] § 6. This ordinance shall take effect and be in force from and after its passage. An Ordinance to provide for opening and widening and extending Eleventh street from the north side of Lincoln street to the south side of Division street, except the part already opened. [Passed May 5, 1899. Approved May 18,1899.] Be it ordained by the City Council of the City of Springfield: 1531. Eleventh street opened, widened and extended.] § 1. That the following local improvement be and the same is hereby ordered to be made in said city, to-wit: That Eleventh street in said city be opened, widened and extended a width of sixty feet from the north side of Lincoln street to the south side of Division street except that part already opened. 1532. City engineer to make survey.] § 2. It shall be the duty of the city engineer, upon the passage of this ordinance, to make a survey of the land over which the proposed street will pass, and prepare a plat showing the street lines, and give the city attorney a description of each tract of land taken by the improvement, with the names of the owners so far as he can obtain them. 1533. Cost to be paid by general taxation.] § 3. Said improvement shall be made and the cost thereof paid by general taxation. STREETS AND ALLEYS. 801 1534. City attorney to file petition for assessment.] § 4. The city attorney shall prepare and file a petition in the name of the city of Springfield, in the county court of Sangamon county, for proceedings to ascertain the amount of just com- pensation to be made for the property taken or damaged by the proposed improvement. 1535. When in force.] § 5. This ordinance shall take effect and be in force from and after its passage. An Ordinance vacating the alley in block one of Ninian Edwards’ Addition to the city of Springfield from a point sixteen feet south of the south line of the north half of lots four and nine in said block to Madison street. [Passed Feb- ruary 28, 1901. Approved March 2, 1901.] Be it ordained by the City Council of the City of Springfield: 1536. Vacation of part of alley.] § 1. That the alley in block one of Ninian Edwards 7 addition to the city of Spring- field, be and the same is hereby vacated from a point sixteen feet south of the south line of the nortli half of lots four and nine in said block to Madison street. 1537. Alley given in lieu thereof to be paved.] § 2. That the alley given in lieu thereof be paved with brick, under the direction and supervision of the city engineer, the same to be paid for by the petitioners. 1538. When in force.] § 3. This ordinance shall be in force from and after its passage. An Ordinance vacating an alley and accepting the dedication of a new one. [Passed April 15, 1901. Approved April 16, 1901.] Whereas, A. L. Ide & Sons have offered to dedicate as an alley the north sixteen feet of the south half of lot nine in block one in Ninian Edwards 7 addition, to the city of Springfield, in consideration that the city will vacate the alley heretofore dedicated over the north sixteen feet of the south half of lot four in said block; and Whereas, Such change is acceptable to the property owners in said block and desired by them ; now, therefore, Be it ordained by the City Council of the City of Springfield : 1539. Vacation of alley and accepting dedication of a new one.] § 1. That the alley covering the north sixteen feet of 802 SPECIAL ORDINANCES OF CITY. the south half of lot four in block one, be and the same is hereby vacated and the north sixteen feet of the south half of lot nine in block one in Ninian Edwards’ addition to the city of Spring- field, be accepted by the city as an alley in lieu of the former alley in lot four, and that. A. L. Ide & Sons, who have offered to dedicate said alley, be required to pave the same and keep it properly paved. 1540. When in force.] § 2. This ordinance shall take effect and be in force from and after its passage. An Ordinance granting to A. L. Ide & Sons certain rights under and across- Madison street. [Passed May 20, 1901. Approved May 21, 1901.] Be it ordained by the City Council of the City of Springfield : 1541. Permit to A. L. Ide & Sons to connect their machine shops with building across Madison street.] §1. That per- mission is hereby, given to A. L. Ide & Sons to connect their property, being block 6ne in Ninian Edwards’ addition to the city of Springfield, with lots three and four in block three of the original town plat, being the old high school property, pur- chased by them, in any of the following ways : They may place under ground pipes, wires or tunnels in and across Madison street from one side to the other, and they may, if necessary for the purpose of conveying material across said street for use in their business, erect across said street any necessary steel superstructure, and they may also lay a railway track across the street, or they may place wires across said street for convey- ing electricity or electrical power. Any such excavations or structures shall first receive the approval of the mayor and city engineer and street and alley committee, and shall be built sub- ject to their approval. 1542. When in force.] § 2. This ordinance shall take effect and be in force from and after its passage. An Ordinance vacating an alley. [Passed June 17, 1901. Approved June 20„ 1901.] Be it ordained by the City Council of the City of Springfield: 1543. Vacation of alley.] § 1. That the 15 foot alley extending east and west across the west part of block one (1) of A. M. Bradford’s addition from the north end of the north STREETS AND ALLEYS. 803 and south alley shown thereon, to Westover Place, and being 15 feet taken from the south side of lot 12 of said block one (1), as shown on the plat of said addition where the same is re- corded in the recorder’s office of Sangamon county, Illinois, “Book 2” of plats, page 192, be and the same is hereby vacated and all title of the city thereto' reverted to, and reinvested in Adeline M. Bradford. 1544. Acceptance of strip of land in lieu of alley vacated.] § 2. Be it further ordained that the deed to the north 15 feet of said lot 12, book one (1) tendered by the said A. M. Brad- ford to the city for an alley in lieu of said alley vacated, be ac- cepted by the city and ordered placed on record at her expense. An Ordinance vacating an alley. [Passed July 1, 190L Approved July 3,1901.] Be it ordained by the City Council of the City of Springfield: 1545. Vacation of alley.] § 1 . That the sixteen foot alley extending east and west through block 18, original town of Springfield, and passing in rear of lots 7, 58, 59, 60 and 61 of E. Ties’ outlots, being the alley in the block of ground between First and Second streets and Monroe and Adams streets, be and the same is hereby vacated and all title of the city to be trans- ferred to the State of Illinois. 1546. When in force.] § 2. This ordinance to take effect when the said block is presented to the State of Illinois, for Arsenal building. An Ordinance for opening, widening and extending an alley from the north side of Adams' College Addition to the south side of Division street. [Passed August 5, 1901. Approved August 7, 1901.] Be it ordained by the City Council of the City of Springfield: 1547. Opening, widening and extending alley.] § 1 . That the following local improvement be and the same is hereby ordered to be made in said city, to-wit : That an alley in said city be opened, widened and extended a width of sixteen feet from the north side of Adams, College addition to the south side of Division street. 1548. City engineer to make survey.] § 2. It shall be the duty of the city engineer upon the passage of this ordinance to make a survey of the land over which proposed street will 804 SPECIAL ORDINANCES OF CITY. pass and prepare a plat showing the street lines, and give to the city attorney a description of each tract of land taken by the improvement with the names of the owners so far as he can obtain them. 1549. Cost to be paid by general taxation.] g 3. Said improvement shall be made and the cost thereof paid by gen- eral taxation. 1550. Committee to make estimate of cost.] § 4. The following named persons, to-wit : Aldermen Goodwin, Silva and Hoelzel, are hereby appointed as a committee to make an esti- mate of the cost of said improvement, including labor, material and all other expenses attending the same, and said committee shall make such estimate and report the same in writing to the city council of the city of Springfield at its next meeting, or as soon hereafter as practicable. 1551a. City attorney to file petition for assessment.] § 5. Upon the filing of said report, and its approval by the city coun- cil, the city attorney shall prepare and file a petition in the name of the city of Springfield, in the county court of Sanga- mon county, for proceedings to ascertain the amount of just compensation to he made for property taken or damaged by the proposed improvement. 1551b. When in force.] § 6. This ordinance shall take effect and be in force from and after its passage. An Ordinance to provide for opening, widening and extending Cedar street, from west side of Pasfield street to east side of country road, 160 feet west of Pasfield street. [Passed January 20, 1902. Approved January 21, 1902.] Be it ordained by the City Council of the City of Springfield: 1552a. Opening, widening and extending Cedar street.] § 1. That the following local improvement be and the same is hereby ordered to be made in said city, to-wit: That Cedar street in said city be opened, widened and extended a width of sixty feet from the west side of Pasfield street to the east side of the country road, about one hundred and sixty feet west of Pasfield street. 1552b. City engineer to make survey.] § 2. It shall be the duty of the city engineer, upon the passage of this ordinance, STREETS AND ALLEYS. 805 to make a survey of the land over which proposed street will pass, and prepare a plat showing the street lines, and give to the city attorney a description of each tract of land taken by the improvement, with the names of the owners so far as he can obtain them. 1552c. Cost to be paid by special assessment.] § 3. Said improvement shall be made and the cost thereof paid by special assessment of the property and real estate specially benefited, and to the extent that it may -be legally assessed, and the re- mainder of the cost, if any, to be paid by general taxation; and to pay the cost of said improvement and the cost of levying, assessing and collecting the special assessment a special assess- ment is hereby ordered to be levied, assessed and collected upon and from the property specially benefited by the improvement and in proportion as it is specially benefited, to the extent that it may be legally assessed. 1552d. Committee to make estimate of cost.] § 4. The following named persons, to-wit : Aldermen Ansell, Neuman and McGrue, are hereby appointed as a committee to make an esti- mate of the cost of said improvement, including labor, material and all other expenses attending the same, including the cost of making, levying and collecting the special assessment here- inbefore provided for, and said committee shall make such esti- mate and report the same in writing to the city council of said city at its next meeting, or as soon hereof as practicable. 1552e. City attorney to file petition in county court.] § 6. Upon the filing of said report and its approval by the city council, the city attorney shall prepare and file a petition, in the name of the city of Springfield, in the county court of Sangamon county, for proceedings to ascertain the amount of just compensation to be made for property taken or damaged by the proposed improvement, and upon it being ascertained, it shall be his duty to file a further petition in said court, in the name of the city, for proceedings to assess the cost of the improvement as required by the provisions of this ordinance in the manner provided by law. 1552f. When in force.] § 7. This ordinance shall take effect and be in force from and after its passage. ■80 6 SPECIAL ORDINANCES OF CITY. An Ordinance prantinj? to Michael Zwicky, and others, permission to erect and maintain a soap manufactory in the city of Springfield. [Approved Jan- uary 21, 1891.] Whereas, Michael Zwicky, George Zwicky and Casper Zwicky, owners of lots 8, 9 and 10 in block six in Mason’s addition to the city of Springfield, are desirous of establishing a soap manu- factory on said lots: And, whereas, they represent that no ■ tainted lard, tallow, offal, or other unwholesome animal or vege- table substances, offensive or unwholesome, are to be used by them in or about their place of business; now, therefore, Be it ordained by the City Council of the City of Springfield: 1553. Permit to erect and maintain a soap factory.] § 1. That permission is hereby given to Michael Zwicky, George Zwicky and Casper Zwicky, to erect and maintain upon lots 8, 9 and 10, in block six of Mason’s addition to the city of Spring- field, a soap manufactory, upon the conditions hereafter recited in this ordinance. 1554. Restrictions.] § 2. The said parties, to whom per- mission is given to erect and operate said factory, shall do no rendering of any character in or about said premises, neither shall they have about said premises any tainted offensive or un- wholesome material of any kind or character; neither shall they permit any material which they may bring upon the premises to become spoiled, offensive or unwholesome, or in any manner operate their works so that any stench or smell shall arise there- from offensive to any one about or near to the premises. 1555. Steaming tallow, etc.] § 3. All steaming of tallow shall be done in the top story of the works, not less than three stories from the ground, and the smokestack or chimney used in connection with the works shall be built above the top of the building to a sufficient height to discharge all smoke and gases above and beyond all surrounding buildings. 1556. Permit may be revoked upon any breach of condi- tions.] § 4. Before this ordinance shall be deemed to be in full force and effect, it shall be approved by the mayor, and a written acceptance of its provisions made by the said parties to whom permission is given to maintain and operate the works, and the provisions of this ordinance as to the management of the works and as to preventing amdhing in the nature of a TERRITORY DISCONNECTED. 807. nuisance shall be binding upon the grantees herein, their heirs and assigns; and upon a breach of any of the conditions of this ordinance the permission hereby given may be revoked by the city council, and the operation of the works stopped. 1557. Subject to all ordinances.] § 5. The above per- mission is given subject to the ordinances of the city of Spring- field in relation to the creating and maintaining of nuisances and subject to such other ordinances as the city counoil may pass upon the subject; and this ordinance shall not be held as a re- peal of any portion of the ordinances of the city. 1558. When in force.] § 6. This ordinance shall take' effect and be in force from and after its passage and approval, by the mayor, and acceptance by the grantees. Acceptance. Whereas, a certain ordinance entitled “An ordinance granting to Michael Zwicky, and others, permission to erect and maintain a soap manufactory in the city of Springfield, ” was passed and adopted by the city council of the city of Springfield, in the State of Illinois, on the 16th day of January, 1891; and was ap- proved by the Hon. Chas. E. Hay, mayor of said city of Springfield. Now, therefore, we, the undersigned, Michael Zwicky, George Zwicky and Casper Zwicky, of Madison, Wisconsin, do hereby accept the said ordinance and all its provisions; and further declare that this acceptance is made in pursuance of and in accordance with the requirements of said ordinance, relating to our accept- ance thereof. M. Zwicky, Geo. Zwicky, Casper Zwicky. In presence of Herman Pfund. STATE OF WISCONSIN, ) Dane County. ] Personally came before me this 26th day of January, 1891, the above named. Michael Zwicky, George Zwicky and Casper Zwicky, to me known to be the per- sons who executed the foregoing instrument, and acknowledged the same. [seal.] Herman Pfund, Notary Public, Dane County, Wisconsin. t TERRITORY DISCONNECTED. An Ordinance providing for disconnecting from the city of Springfield certain territory embraced within the limits of the city of Springfield. [Passed July 18, 1898. Approved July 19, 1898.] Be it ordained by the City Council of the City of Springfield : 1559. Territory disconnected.] § 1 . That all that tract of land in the city of Springfield, bounded as follows: Be- ginning at the point of intersection of the center line of Laurel 808 SPECIAL ORDINANCES OF CITY. street with the west boundary line of section four (4), town- ship fifteen (15) north, range* five (5) west of the third (3rd) p. m. (said section line being the western boundary line of said city of Springfield) running thence east along the center line of Laurel street forty-nine (49) and thirty-four one hun- dredths chains, thence south to the quarter section line run- ning east and west through the center of said section (4) (said line being the south boundary of said city of Springfield to a point on said quarter section line nine (9) and ninety-eight (98) one hundredths chains east of the center line of said sec- tion four, thence west along said quarter section line running east and west through section four (4), the same being the southern boundary line of said city of Springfield, to a point of intersection of said quarter section line with the western boundary line of said section four (4), said western boundary line being the west boundary line of said city of Springfield, thence north along said western boundary line of said section four (4) to its intersection with the center line of Laurel street, the place of beginning; be < and the same is hereby disconnected from the city of Springfield, and all jurisdiction of the city of Springfield over the same, as a part of the city, is hereby released : Provided , however , that said territory is not ex- empted from taxation for the purpose of paying the indebt- uess, if any, contracted by the corporate authorities of the city of Springfield, while such territory was within the limits thereof. 1560. When in force.] § 2. All the perquisites, provided for by statute, having been fully complied with, it is further ordained that this ordinance take effect and be in force from and after its passage. TELEGRAPHS AND TELEPHONES. An Ordinance 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. Be it ordained by the City Council of the City of Springfield , Illinois : 1561. Telephone company granted right of way through streets, etc.— conditions of grant.] § 1 . That the Central TELEGRAPHS AND TELEPHONES. 801) 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, main- tain and use all the necessary poles, or posts of wood, iron or other suitable material, and the necessary wires and fix- tures successfully to operate and use a system of telephones, or a Telephone Exchange, within said city : Provided, that the said Central Union Telephone Company, and its successors and assigns, shall maintain 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 cit} r 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 intei^ere with travel or business 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. 1562. How poles to be set — under whose direction.] § 2. Said telephone poles shall be so set or placed as not to inter- fere with the free flow of water in any gutter or drain within said city; and the location of the poles shall be determined under the direction of the mayor, and the committee on streets and alleys, of the city council. 1563. 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 corporation, when- ever 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 ordi- nances 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. 1564. Duty of council to pass ordinances for protection of posts and wires.] § 4. It shall be the duty of said city coun- 810 SPECIAL ORDINANCES OF CITY. cil, 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. 1565. 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 Central Union Telephone Company, 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 corporate limits, as the city council may designate, at one-half the regular business rates of said company, and said company shall maintain, operate and perfect said telephone exchange system, including the care and operating or ringing 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. 1566. 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 cit} r , by said Central Union Telephone Company, its successors or assigns, of its 'unconditional ac- ceptance of the terms thereof, which acceptance shall be in writ- ing, and be reported by the clerk to the city council, and en- tered 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 foregoing ordinance. Central 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 ordi- nancegranting 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 Tele- TELEGRAPHS AND TELEPHONES. 811 phone Company, its successors or assigns, of the said ordinance, and all its pro- visions, as passed by said council. Respectfully, etc., R. B. Hoover, Supt. For the Central Union Telephone Co. Filed Dec. 17, 1883. An Ordinance granting permission to Andrew Schuchman, Robert B. Hoover and Frank W. Wellman to erect and maintain a system of fire and burglar alarm and district messenger service. [Passed February 6, 1888. Approved February 11, 1888. Be it ordained by the City Council of the City of Springfield : 1567. Permit to erect and maintain fire and burglar alarm, etc.] § 1 . That Andrew Schuchman, Robert B. Hoover and Frank W. Wellman, their successsors or assigns, are hereby granted the right of way in and upon the streets, alleys, side- walks 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 to operate a system of fire and burglar alarm and district messenger service: Provided , that said Schuchman, Hoover and Wellman shall so set such poles and posts, and hang the wires thereon, in such places and man- ner as not to interfere with travel or business on said streets, alleys, sidewalks or public grounds, etc., aforesaid, and shall replace in good order all parts of the same interfered with or used in the erection or maintenance of said poles or posts. The mayor and fire marshal shall have supervision of the. location of the wires and remove any improperly put up. 1568. Provisions in regard to poles.] § 2. Said poles or posts shall be so set or placed as not to interfere with the free flow of water in any gutter or drain within said city, and the wires are to be so placed as not to interfere with the telephone, telegraph or electric light systems authorized to operate within said city. The location of said poles or posts shall be determined under the direction of the mayor and the committee on streets and alleys of said council. 1569. Grant subject to all ordinances.] § 3. The rights and privileges herein granted to the said Schuchman, Hoover and Wellman shall be subject to all general ordinances of said 812 SPECIAL ORDINANCES OF CITY. city now in force, or which may hereafter be passed and in force,, not inconsistent with the laws of this State. 1570. City to protect poles, etc.] § 4. It shall be the duty of said city council from time to time to enact such ordi- nances as may become necessary for the protection of said poles, posts or wires from abuse or injury. 1571. City may use poles for fire alarm wires.] § 5. In consideration of the rights and privileges herein granted to the said Schuchman, Hoover and Wellman, the city of Spring- field shall have the right to place its fire alarm wires on the poles erected by them, said wires not to interfere with the sys- tem of said Schuchman, Hoover and Wellman, and the said city is to have the further free use of the said system to protect the city hall or other public buildings against fire or burglars. An Ordinance granting permission to the Postal Telegraph Company to con- struct and maintain a line of telegraph along West Grand avenue and parts of certain streets and alleys therein named. [Approved February 7, 1884.] Be it ordained by the City Council of the City of Springfield : 1572. Permit to construct and maintain a line of telegraph.] § 1. That the permission, authority and consent of the city is hereby given and granted to the Postal Telegraph Company,, its successors or assigns, to construct and maintain a line of telegraph in, upon and along the following named avenue and parts of streets and alleys within said city, to-wit: Beginning at the northern terminus of West Grand avenue and running south along the west line of said avenue to the city limits, also on Washington street along the north side, thereof, from the west line of West Grand avenue to the east line of Lewis street, thence east on the south side of Washington street to the east line of First street, thence south on the east line of First street to the line of the alley between Washington and Adams streets,, and thence east, on said alley, from Second street to Fifth street.. 1573. Conditions.] § 2. The permission and authority aforesaid is given and granted to said Postal Telegraph Com- pany subject to all general ordinances of the city now in force, or which may hereafter be passed and in force in relation to- telegraphs, not inconsistent with the laws of the State, and sub^ ject also to the following conditions:. TELEGRAPHS AND TELEPHONES. 813 First — That said company shall so set its telegraph poles or posts, and place or suspend the wires thereon, in such places and manner as not to interfere with travel or traffic on said avenue, streets or alley, and shall put up and keep in good order all those parts of the same interfered with or used in the erec- tion and maintenance of said poles or posts. Second — That the points of location of the poles or posts shall be determined under the direction and supervision of the mayor and committee on streets and alleys of the city council, and that the same shall be so set or placed as not to interfere with the free flow of water in any gutter or drain adjoining or near thereto. Third — That said company shall be liable to the owners of private property for any and all injuries or damages resulting thereto from the erection and use of its telegraph line upon, over or along the said avenue, streets or alley. Fourth — That said Postal Telegraph Company, its successors or assigns, shall establish and maintain an office and operator or operators at some convenient point within the city of Spring- field for the purpose of affording telegraph facilities to the pub- lic ; that it shall do the official telegraphing of. the city free of charge, and shall furnish pole room for city fire alarm wires, if required. 1574. City may grant use of street, etc., to any other com- pany.] § 3. The city council hereby reserves the right (if they should see proper to exercise it) to grant the use of the said avenue and streets to any other telegraph company or cor- poration for the purpose of erecting and maintaining thereon a line of telegraph. 1575. Company may he required to place its wires under- ground.] § 4. It is further ordained (provided) that, in the event of a system of underground telegraph being adopted in any of the cities of this State, that the Postal Telegraph Com- pany, may, at any time, be required to place their wires running through this city under ground, in such manner and to such a depth as the city council may direct. 1576. This ordinance to be accepted within twenty days.] § 5. This ordinance shall be considered in the nature of a 814 SPECIAL ORDINANCES OF CITY. contract and shall take effect only upon its unqualified accept- ance by said Postal Telegraph Company, which acceptance shall be in writing, duly signed, and be filed with the city clerk, or communicated to the city council, within twenty days from its passage and be entered upon the journal of the council; and this ordinance shall be and remain in force twenty years from its passage and acceptance, subject to the conditions aforesaid. Acceptance. Springfield, 111, February 14, 1884. To the Mayor and City Council of the City of Springfield : Gentlemen— In compliance with the provisions of Section 5 of an ordinance granting the Postal Telegraph Company permission to construct and maintain aline of telegraph on and along certain streets and alleys in said city, passed at your meeting Feb. 6, 1884, the Postal Telegraph Company accepts said ordinance and all its provisions as passed by your Council. Respectfully yours, C. M. Baker, Supt. for the Postal Telegraph Company. Ax Ordinance in relation to police, fire alarm and district messenger service. [Passed March 6, 1893. Approved March 31, 1893.] Be it ordained by the City Council of the City of Springfield: 1577. Permit to use streets and alleys for the erection of * poles, etc., for operating fire and burglar alarm, etc.] § 1. There is hereby granted to William L. Gross, Edgar L. Gross and Frank Hoblitt, and such other persons as may hereafter be- come associated with them, to be known as the Springfield Dis- trict Telegraph Company or other appropriate name, and their heirs, representatives, successors and assigns, the right, privilege nnd authority to use and occupy the streets, alleys and public ways and places of said city of Springfield, for the purpose of erecting and maintaining therein all necessary and suitable poles and other supports and wires for conducting electrical currents thereon, for the operation and maintenance of a sys- tem of police and fire alarm and district messenger service within said city : Provided , that all such poles, supports and wires, shall be erected and maintained under the supervision of the proper officers of the city. 1578. Company liable for all damage.] § 2. The said persons and all others succeeding them in the rights and privi- leges hereby granted, shall be liable to the city of Springfield TELEG11APHS AND TELEPHONES. 815 and to private persons, for all damages and injuries caused or arising from the use of said strceets, alleys and sidewalks by them in said city of Springfield for the purpose aforesaid. 1579. Grant subject to all ordinances.] § 3. The said persons and all others succeeding them in the exercise of the rights and privileges hereby granted, shall within twelve months after the passage and approval of this ordinance, establish and thereafter maintain in the city of Springfield, a system of police and fire alarm and district messenger service through the agency of electrical and mechanical appliances, metalic conductors, bat- teries, agents and messengers, whereby the residents of said city of Springfield, patrons thereof, may give timely notice of all demands for police and fire service to the proper depart- ments of said city, and in addition thereto, may at all times from a central depot for that purpose to be established and maintained, secure the prompt attendance of messengers for im- mediate messenger service to any part of the city of Springfield, otherwise the privileges hereby granted shall be forfeited to said city of Springfield, and provided further, that said company shall, before exercising the rights and privileges hereby granted and within fifteen days after the passage of -and approval of this ordinance, signify in writing, filed with the clerk of said city, their formal acceptance thereof. 1580. Penalty for damages to poles and wires, etc.] § 4. Any person other than an officer or. employe of the said city of Springfield in the discharge of an official duty, who shall wil- fully break, injure or remove, or cause to be broken, injured or removed any of the poles, wires, instruments or appliances de- signed and used for the purpose expressed in the preceding section, or who shall wilfully or intentionally obstruct or other- wise wrongfully interfere with any messenger engaged in mes- senger service as contemplated in this ordinance, shall be deemed guilty of a misdemeanor and on conviction thereof, for every offense, be fined in any sum not exceeding two hundred dollars. 1581. Ordinance to be in force twenty years.] § 5. This ordinance shall be and continue in force for twenty years from and after its passage and approval. .SPECIAL ORDINANCES OF CITY 81G Acceptance. Springfield, III., March 9th, 1893. To the Honorable Mayor and City Connell of the City of Springfield : Gentlemen— We hereby accept the ordinance passed March 6th, 1893, grant- ing to us the right of way for the construction in said city of an electrical system of police, lire alarm and district messenger service. Respectfully, William L. Gross, Edgar L. Gross, Frank Hoblitt. An Ordinance granting to Hon. John McCreery, Wilson C. Garrard, Warren D. Stryker and Benjamin H. Brainerd the right to construct and maintain a telephone system in the city of Springfield. [Passed October 21, 1895. Ap- proved October 22, 1895.] Be it ordained by the City Council of the City of Springfield : 1582. Permit to establish and maintain ,a telephone system.] § 1. That John McCreery, Wilson C. Garrard, Warren D. Stryker and Benjamin H. Brainerd, their successors or assigns, are hereby granted the right of way, for the period of fifteen 'years, through, in, over and upon the streets, sidewalks, alleys and public grounds of the city of Springfield for the purpose of erecting, using and maintaining all necessary poles of wood, iron or suitable material, and all necessary wires, fixtures and other appliances required to construct, operate and maintain a telephone system within the said city. 1583. Provisions in regard to poles and wires.] § 2. Said poles, wires, fixtures and other appliances shall be so set, placed and located that they will not interfere with travel or business on said streets, sidewalks, alleys and public grounds; and such parts thereof as said parties, their successors or as- signs, shall use for such purposes shall be by them put and main- tained in good order. 1584. Poles to be in alleys as far as possible.] § 3. All said poles and appliances shall be so located and set as not to in- terfere with the free flow of water in any gutter or drain, and the location of said poles shall be in the alleys of said city, so far as possible; otherwise the location thereof shall be deter- mined under the direction of the committee on streets and alleys of the council. TELEGRAPHS AND TELEPHONES. 817 1585. City to protect poles and wires, etc.] § 4. It shall be the duty of the city council from time to time to pass such ordinances as may be necessary for the protection of said tele- phone poles, wires and fixtures and other appliances, against abuse, misuse or injury. 1586. To commence business within one year.] § 5. The said parties, their successors or Assigns, shall have said tele- phone system and exchange in good working order and ready for business, within one year from the passage of this ordinance.. 1587. Rental.] § 6. The granting of this franchise is upon the express condition that the said parties, their succes- sors or assigns, shall lease said telephones and their use of the exchange at a rental of not to exceed two and one-half dollars per month for telephones in business houses and two dollars per month for telephones in residences within said city. 1588. To supply city at half rate.] § 7. In consideration of the rights and privileges herein granted the said parties for themselves, their successors or assigns, agree to furnish in said city to the several departments thereof, during the period of fifteen years, as many telephones with exchange service, as said city may require for its use in its several departments, to be put and maintained at such places as the city council may designate, at one-half the regular rates above provided for. 1589. City to have right to use poles.] § 8. The city shall have the right, so far as the same shall not interfere with the other uses of said poles, to use the same to support the wires used by it in connection with its fire department. 1590. Grant subject to all ordinances.] § 9. All the rights herein granted shall be subject to all legal general ordi- nances of said city now in force, or which may hereafter be passed not inconsistent with the laws of the State of Illinois in relation to telephone companies. 1591. When in force.] § 10. This ordinance shall take- effect and be in force from and after its passage and the ac- ceptance thereof in writing by said company. 818 SPECIAL ORDINANCES OF CITY Acceptance. Springfield, III., October 22d, 1895. To the Honorable Mayor and City Council of the City of Springfield: Gentlemen— T he undersigned hereby accept the ordinance passed by your honorable body October 21, 1895, granting us the right to erect and maintain a telephone system and exchange in said city, with all its conditions and provisions. Very truly yours, John McCreery, Warren D. Stryker, Wilson C. Garrard, Benjamin H. Brainerd. An Ordinance granting permission to the American Telephone and Telegraph Company of Illinois, its successors and assigns, the right, privileges and au- thority to construct, operate and maintain lines of telephone and telegraph upon, along and under the highways of the city of Springfield, Illinois. [Passed July 6, 1896. Approved July 7, 1896.] Be it ordained by the City Council of the City of Springfield, County of Sangamon, State of Illinois: 1592 . Permit to establish and maintain lines.] § 1. That the American Telephone and Telegraph Company of Illinois, its successors and assigns, be, and the same is hereby granted the right, privilege and authority to construct, operate and maintain its lines of telephone and telegraph upon, along and under the highways of the city of Springfield, upon the terms and conditions herein provided. 1593 . Provisions in regard to poles.] § 2. All poles shall be erected under the direction and supervision of the committee on streets and alleys, and all streets or sidewalks that may be disturbed or damaged in the construction of the said line shall be properly replaced and repaired by the said company at its own expense and to the satisfaction of the said committee on streets and alleys. 1594 . Wires under ground.] § 3. Should a general ordi- nance hereafter be passed by the city council requiring all wire using companies in the city to place their wires under ground, then the said company shall also place its wires under ground, permission for which and to construct and maintain under ground, ground conduits and ducts in the streets and alleys is hereby given, such conduits and ducts to be placed and con- structed under the direction of the city engineer Or such other proper authority as the city may direct. TELEGRAPHS AND TELEPHONES. 819 1595. To pay city fifty cents per annum for each pole.] § 4. In consideration of the rights and privileges herein granted the said company hereby agrees to pay to said city the sum of fifty cents per annum as an inspection fee for each pole erected under the provisions of this ordinance and a proportional part of said sum per annum for each other pole used by said company in said city. 1596. To give city use of poles.] § 5. In consideration of the rights and privileges herein granted, said company shall provide free of cost to said city one ten pin cross arm to be at- tached to the top of all poles erected under this ordinance for * the police and fire alarm system of said city. 1597. City reserves the right to grant like consent to other companies.] § 6. The said common council of the said city of Springfield hereby reserves the right to grant a like consent to any other telephone or telegraph company for like purposes. 1598. When in force.] § 7. This ordinance shall take effect and be in force from and after its passage. An Ordinance granting the right to construct and maintain a telephone and telegraph system in the city of Springfield, county of Sangamon, State of Illi- nois. [Passed June 19, 1899. Approved June 22, 1899.] Be it ordained by the City Council of the City of Springfield : 1599. Permit to erect and maintain system.] § 1. There is hereby granted to Thos. W. Wilson and S. M. Eogers and such other persons as may hereafter become associated with them to be known as the Springfield Mutual Telephone and Telegraph Company, or other appropriate name, and to their successors and representatives, heirs and assigns^ the right to construct and operate a telephone and telegraph system within the city of Springfield, Illinois, and they are hereby granted the right of way under, over and upon the streets, sidewalks and alleys and public grounds of the city of Springfield for the pur- pose of erecting and underlying, using and maintaining all necessary poles of wood, iron or other suitable material and all necessary wires, fixtures and other appliances required to con- struct, operate and maintain a telephone and telegraph system within said city of Springfield, Illinois. 820 SPECIAL ORDINANCES OF CITY. 1600. Provisions as to poles and wires.] § 2. All poles, wires and other appliances shall be so placed and located that they will not interfere with travel or business on said street, sidewalks, or alleys, or public grounds, nor shall they be located so as to interfere with the flow of water in any gutter or drain and such poles, wires and other appliances as are used by and in the operation of the system shall be by them put in good order and at all times maintained as such. 1601. Service free to city.] § 3. In consideration of the rights and privileges granted to the said parties and all others succeeding them, they hereby agree to furnish to the city officials in the city hall, also to the police and fire departments, free telephone service. 1602. City to have right to use poles.] § 4. The city shall have the right so far as the same shall not interfere with the other uses of said poles, to use the same to support the wires used by it in connection with the police and fire alarm system, and all the rights herein granted shall be subject to all general ordinances of said city now in force. 1603. Damages to poles and wires — penalty.] § 5. Any person other than an officer of the city of Springfield, in the discharge of an official duty, who shall willfully break, injure or remove or cause to be broken, injured or removed, any of the poles, wires, instruments or appliances designed and used for the purposes expressd in any of the preceding sections, or who shall willfully obstruct or otherwise wrongly interfere with the services as contemplated in this ordinance, shall be deemed guilty of misdemeanor, and on conviction thereof for every offense, be fined in any sum not exceeding two hundred dollars. 1604. Construction to begin within one year.] § 6. This ordinance shall become null and void if it shall not be accepted in writing and the construction of the said telephone and tele- graph system be begun within one year from the date of its passage. 1605. When in force.] § 7. This ordinance shall take effect and be in force from and after its passage and acceptance in writing. TELEGRAPHS AND TELEPHONES. 821 Acceptance. Springfield, III., June22d, 1899. To the Honorable Mayor and City Council of the City of Springfield : Gentlemen— We hereby accept the ordinance passed June 19, 1899, granting to us the right to construct and maintain a telephone and telegraph system in said city. Respectfully, Thos. W. Wilson, Simon M. Rogers. An Ordinance granting the Illinois District Telegraph Company the right to erect and maintain its poles and lines in the streets, alleys and public high- ways of the city of Springfield, Illinois, on the terms and conditions herein- after set forth. [Passed June 5, 1899. Approved June 8, 1899.] Be it ordained by the City Council of the City of Springfield : 1606. Permit to erect and maintain system.] § 1. That the Illinois District Telegraph Compaq, its successors and assigns, he and are hereby granted the right to erect and main- tain in the streets, alleys, and public ways, of the said city of Springfield the poles and wires necessary for the successful opera- tion and maintenance of a district telegraph and other electrical service in connection therewith. 1607. Provisions in regard to poles — to protect city from damages.] § 2. The location of all poles and lines and an;y change thereof shall be under the direction and control of the proper city official of the said city of Springfield, subject to the usual police restrictions and with a further understanding that the poles and wires shall be placed and set in such manner as not to interfere with the proper and public use of said streets, alleys and public ways, and the said Illinois District Telegraph Company shall hold said city of Springfield, free and harmless of all damages arising by reason of any abuse of said occupancy. 1608. To pay city five per cent of gross earnings.] § 3. In consideration of the privileges hereby granted, the said Illi- nois District Telegraph Company shall pay to the city of Spring- field five per cent, of the gross earnings as taken from the books of this company in this city and agrees to the “White amend- ment,” to allow the said city of Springfield, to attach its fire alarm and police signal wires to the top cross arm of its poles within the corporate limits of the said city of Springfield; Provided , however , that all such attachments shall be made and maintained under the direction of the police representative of 822 SPECIAL ORDINANCES OF CITY. the said Illinois District Company. The said city of Spring- field, shall also have the privilege of the free use of the poles of the said Illinois District Telegraph Company, for the attachment thereto of its police and fire alarm boxes. The said city of Springfield, shall also have the free use of all signal boxes of the said Illinois District Telegraph Company where the same are provided with fire or police calls, and the said District Company, hereby agrees to erect at its own expense a private telephone line from its principal office to the nearest fire alarm and police sta- tion in the said city of Springfield, and to promptly transmit to said station any and all fire and police signals received over its wires. 1609. City retains right to cut wires in case of fire.] § 4. The said city of Springfield, retains the right which is hereby assented to by the Illinois District Telegraph Company to cut its wires in case of fire where they interfere with the operation of the fire department and the said city of Springfield shall in such case be in no manner liable for the expense of repairs or renewals, such repairs or renewals to be made entirely at the ex- pense of the said Illinois District Telegraph Company. 1610. When in force.] § 5. This ordinance shall take effect on and after its passage, and the filing by the Illinois Dis- trict Telegraph Company, of its conditional acceptance thereof, in the office of the city clerk of the said city of Springfield. An Ordinance granting to persons therein named, their successors and as- signs, the right to construct, maintain and operate a system of telephones under and upon the streets, alleys and public grounds in the city of Spring- field, Illinois. [Passed December 9, 1901. Approved December 9, 1901.] Be it ordained by the City Council of the City of Springfield : 1611. Permit to construct and maintain system.] § 1* That the right be and the same is hereby granted to H. H. Evans, F. W. Tracy, M. Slusser, J. C. Klaholt, and E. R. Conk- lin, hereinafter called the grantees, their successors and assigns, under the terms of this ordinance, to construct, maintain and operate a telephone system, under, in, upon and through the streets, lanes, highways and alleys and public grounds of the city of Springfield, by and through underground pipes, con- duits, cables, wires and other fixtures and aerial poles, posts. TELEGRAPHS AND TELEPHONES. 823 cables, wires, and other modern fixtures designed for that pur- pose. 1612. Poles and conduits within fire limits to be approved by city council.] § 2. Before proceeding with said work, said grantees, their successors or assigns, shall present to the city council a map or plat showing where they desire and where they intend to lay a conduit or erect any poles, within the present fire limits of the city of Springfield, which shall be approved by the city council in accordance with this ordinance. 1613. Construction to be commenced within nine months.] § 3. Said grantees shall commence the construction of said system of telephones, within nine months after the passage of this ordinance, and shall have the same in operation within two years thereafter, but before any work is done they shall file with the city council a bond in the sum of ten thousand dollars, payable to the city of Springfield, with surety to be approved by said city council, and conditioned that the gran- tees will pay for the period of two years or until said system is in operation, to the city of Springfield, all damages or judg- ments, charges, or expenses that may accrue to the city of Spring- field by reason of the tearing up of the pavements or streets, and by reason of the failure of the grantees to properly replace the same, and to indemnify the city against any loss, injury or damage caused it through suits or other causes resulting from the acts of the -grantees. 1614. Provisions in regard to wires.] § 4. All other wires, except the drop wires, from the distributing poles to the subscriber’s phones, shall within the fire limits above mentioned be placed in underground conduits, which shall be laid under the supervision and direction of the city engineer and street and alley committee. The grantees, their successors or assigns, shall furnish to said city free of charge, one duet in each con- duit, constructed within said fire limits for the purpose of carry- ing the wires of the police and fire departments in the city of Springfield, and outside of said fire limits, shall also furnish one duct in each conduct where underground wires may be laid, and space on the cross arms of poles outside of said fire limits for the necessary wires for the fire and police departments. SPECIAL ORDINANCES OF CITY. 821 1615 . Service to city.] § 5. In consideration of the rights herein granted said grantees, their successors or assigns, agree that they will place and maintain one telephone of the latest improved type properly connected with their exchange in each of the offices in the city hall, in each of the fire engine houses in the city, in each of the school houses in the city, at the police department, and all the other public offices of the city, in- cluding the pumping station at the water works and the reser- voir. In case any additional phones are desired by the city, they shall be placed where desired and operated and maintained at 50 per cent discount from the regular rates from time to time charged by said grantees. 1616 . To protect city from claims for damages.] § 6. The grantees, their successors and assigns, shall save and keep harmless the city of Springfield, from any and all claims for damages of any kind or character arising from their operations under this ordinance. 1617 . Grantees to make deposit in city treasury as guaran- tee of good faith.] § 7. The grantees herein, upon the ac- ceptance of this ordinance, shall be required to deposit in the city treasury of the city of Springfield, the sum of two thousand dollars as a guarantee' of good faith and that work under this ordinance will be commenced and carried on as provided for in this ordinance, and in case of a failure to comply with the terms hereof as to beginning and carrying on the work, said sum of money shall be forfeited to the city when such forfeiture shall be declared by vote of the city council. 1618 . Privileges of this ordinance not to be transferred.] § 8. The grantees herein, their successors and assigns, shall not in any shape or form, sell or attempt to sell, or transfer the privileges contained in this ordinance to any person or persons, company or corporation which may now or at any future time be engaged in the telephone business of the city of Springfield, or make any transfer of the same for the purpose of destroying competition or not having a telephone system built as provided by this ordinance; and in case of such action by the grantees, their successors or assigns, the privileges herein granted shall become null and void and they shall be revoked at the option TELEGRAPHS AND TELEPHONES. 82,5 of the city council, of the city of Springfield. If the grantees, their successors or assigns, shall enter into any combination for the purpose of defeating competition in the city of Spring- field, the privileges herein granted shall be revoked at the option of the city council of said city. 1619. Rates for service.] § 9. The maximum rates for telephone service within said city, to be charged by said grantees, their successors or assigns, shall not exceed the following charges per annum : For long distance, single service, full copper metallic circuit, telephone in business houses, forty dollars per annum and for the same class of telephones in residences, twenty- four dollars per annum. 1620. Grant subject to all regulations by city.] § 10. The right of said grantees, their successors and assigns, under this ordinance are to be held subject to all the police regula- tions that may be legally adopted by the said city of Spring- field, and the city council piay make such regulations as are proper as to the character of the poles, and wires to be used, their location and the manner in which they shall be painted and cared for. The grantees shall furnish a satisfactory service and in the event of their failure so to do, their franchise shall become null and void. 1621. Ordinance to be in force twenty years.] § 11. This ordinance shall take effect from and after its passage and be in force for a period of twenty years thereafter, and the grantees shall make acceptance of the same in writing by filing it with the city clerk within ten days from the date of its approval by the mayor and unless such acceptance is made all rights under this ordinance shall be deemed to have been waived. 28 SPECIAL ORDINANCES OF CITY. 826 Acceptance . Springfield, III., Dec. 19, 1901. Honorable Mayor and City Council : Gentlemen— The undersigned, to whom you granted the franchise for the Telephone Company, on the 9th inst., respectfully advise that we accept the same, and will at once file the necessary bond and certified check and will pro- ceed to construction as soon as the weather permits. Yours very truly, H. H. Evans, E. R. Conklin, J. C. Klaholt, M. Slusser, Frank W. Tracy, By Frank W. Tracy, Atty. in fact. The First National Bank, ? United States Depository.) Springfield, III., Dec. 23d, 1901. Hon. J. L. Phillips, City: My Dear Sir— I n accordance with section seven of the Telephone ordinance passed by the city council, I enclose certificate of deposit for two thousand ($2000.00) dollars, payable according to terms of said section, which I trust will be satisfactory. Yours truly, Frank W. Tracy. Certificate above referred to deposited with City Treasurer Tuesday, Decem- ber 24th, 1901. TOWX BRANCH. An Ordinance relative to the Town Branch. [Passed October 29, 1855.] 4 > . Be it ordained by the City Council of the City of Springfield : 1622.. Channel of Branch established through Bullock’s addition.] § 1. That the town branch through Bullock’s addition 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 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 addi- tion, as shown by the plat of the same, recorded in the office of the recorder of Sangamon county. 1623. Engineer to enter plat of in record of city grades.] § 2. The city engineer and surveyor is hereby directed to enter WASTE PAPER DEPOSITS. 827 a copy of the plat of said branch, as the same is herein estab- lished, upon the “city record of grades’’ in his office. WASTE PAPER DEPOSITS. An Ordinance authorizing and empowering P. F. Murphy, his successors or assigns, to locate, erect and maintain on street corners and street and alley corners, in the city of Springfield receptacles for the deposit of waste paper usually cast upon the streets. [Passed January 9, 1900. Approved ] Be it ordained by the City Council of the City of Springfield: 1624. Permit to place receptacles on street corners.] § 1. P. F. Murphy, his successors or assigns, are hereby authorized and empowered to locate, erect and maintain for a term of fifteen years on such street corners and street and alley corners in the said city of Springfield, as he or they may deem neces- sary, suitable receptacles for the deposit therein of such waste paper as is usually cast upon the streets. Said receptacles shall be neatly constructed of galvanized or sheet iron and the plac- ing of the same shall be commenced within ninety days after the passage of this ordinance. , 1625. Grantee to cause receptacles to be emptied when filled.] § 2. Said P. F. Murphy, his successors or assigns, shall empty or cause to be emptied the said receptacles when they become filled with such waste paper, and shall keep and maintain said receptacles in a reasonable good condition. 1626. Grantee to retain possession of boxes, and to have the paper collected.] § 3. Said receptacles are to be and remain the property of the said P. F. Murphy, his successors or assigns, and the said P. F. Murphy, his successors or assigns, are to have for their use all the waste paper which may be de- posited in said receptacles and also to have the right to place advertisements on the said receptacles. 1627. Boxes to be placed under supervision of chief of police.] § 4. The placing of said boxes and the condition of the same shall be under the supervision of the chief of police. 1628. When in force.] § 5. This ordinance shall be in force from and after its passage. STATl’TKS RELATING TO CITY. 82!S 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.) 1629. Corporation created — general powers.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That John Williams, R. F. Ruth, and C. W. Matheny, be and arc hereby named and constituted as a board of water commissioners for the city of Springfield, who, and their successors in office, shall be a body politic and cor- porate, by the name and style of the Board of Water Commis- sioners 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 and change the same at pleasure, to make by-laws, and do all legal acts which may be necessary and proper to carry out the intent, and effect the objects of this act. 1630. 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 commis- sioners 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 council ; 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 quali- fied voters of said city, in the same manner, and at the same hours and places, that elections 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 commissioner under this act. . The said commis- sioners named in this act, and in case of the death or resigna- tion 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 succes- sors. And all commissioners elected subsequent to the first ^See post 1st amendment to the above act. WATER-WORKS CHARTER AND AMENDMENTS. 829 election 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 nominate 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 coun- cil, shall have full power to act as such commissioner; but, if the said city council shall refuse to confirm 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 com- missioners to be held after such confirmation. 1631. 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 the city council, the nature and extent of the duties assigned to each commis- sioner, 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 performance of the duties so specially assigned to him. 1632. Commissioners to supply city with water.] § 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 Sanga- mon river ; said commissioners to use all reasonable means to furnish the water from said river in as pure and wholesome a state as possible. 1633. Power to employ engineers, etc.] § 5. The said commissioners 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. 1634. 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 construct such buildings, machinery and fixtures, as shall be deemed necessary or desirable. 830 STATUTES RELATING TO CITY. to furnish a full supply of water for public and private use in said city. 1635. 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 Sanga- mon 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, 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 con- struct fountains in the public grounds of said city, as they shall deem proper, with the consent of the city council. 1636. Borrowing 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, pledg- ing 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 currency as they shall deem expedient, and bear interest, not exceeding eight per centum per annum Pro- vided , 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, showing 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 , further, that all funds derived from, the sale of the WATER-WORKS CHARTER AND AMENDMENTS. 831 bonds of the said board, or from water rents, or otherwise, shall be exclusively 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. 1637. 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 accommodation 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 build- ing are owned by the same person or persons, from the time the water shall have been introduced as aforesaid. 1638. Assessment of buildings adjoining street — lien — collection.] § 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 situ- ated on lots adjoining ally street, avenue or alley in said city, through which the distributing water pipes are or may hereafter be laid, from which such building or buildings can be con- veniently 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 build- ings, and the lot or lots upon which such buildings are situated, if owned by the same person or persons, as such building or buildings, and shall be collected in like manner with other water rates of said city. 1639. 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 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 STATUTES RELATING TO CITY. 832 upon which the same may stand, when said house or other build- ing and lot are owned by the same individual, in the same man- ner as other water rates of said city. 1640. 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 pay- ment thereof, of which notice shall be given in some newspaper published in said city, — such notice to be at least ten days be- fore the time fixed for the payment of such rents, — said commis- sioners shall issue their warrants, under the seal of said corpora- tion, directed to the marshal, or any constable of said city, com- manding 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 consta- bles are entitled to by the laws of this State in the levy and sale of personal property upon execution, out of goods and chat- tels of the person or persons so assessed, as aforesaid; and the marshal or constable, in such cases, may levy, under said, war- rant, upon any personal property of the person, or persons, against whom the same is issued, and sell the same at public auction, 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 aforesaid. 1641. Board to report unsatisfied warrants, etc.] § 13. It shall 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 as provided above, which have been returned to said board unsatisfied; and shall report to the city council at the same time, the building or build- ings, lot or lots to which the amounts specified in such warrants are respectively chargeable; 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 ordi- nances of said city, for the collection of the amount due in any WATER- WORKS CHARTER AND AMENDMENTS. 833 warrant 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. 1642. Board to print rules — violation of.] § 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 restrictions 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 estsablishing 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, regulations and ordinances passed in pursu- ance 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. 1643. Commissioners to construct hydrants, etc. — assess benefits.] § 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 ex- tinguishing fires; and they shall assess the houses and other buildings in the vicinity of said hydrants in the proportion in which they shall deem the same respectively benefited; and the said asssessment shall be collected in the same manner as herein provided for the collection of the water rent, assessed by said corporation. 1644. Keep record of proceedings.] § 16. The said com- misssioners shall keep an accurate account or record of all pro- ceedings, together with a list of all asssessments for water rents, which shall bq 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. 1645. Duty to report to council.] § 17. It shall be the duty of said commisssioners to make report to the city council semi-annuallv, which report shall embrace a statement of the 834 STATUTES RELATING TO CITY. 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. 1646 . 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 becomes 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 government 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 respec- tive securities in which the said surplus fund is invested. 1647 . Commissioners not to be 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, dur- ing the term for which they were elected, shall be interested, 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. 1648 . Removal of commissioners — how 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 WATER-WORKS CHARTER AND AMENDMENTS. 835 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 intelligible. 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 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, except- ing that no jury shall be allowed. Evidence may be given either orally or by deposition, as in civil cases; and the said commissioners may each be interrogated upon oath, touching the matter contained in said charges; and if it shall appear, to the satisfaction of such judge, that the said commissioner or commissioners charged as aforesaid have been guilty of mal- feasance in office, or of any breach of duty, either of commission 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 commissisoners ; 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 appoint a commissioner, or commis- sioners, in the stead of those so removed, who shall fill such office for and during the unexpired term of the commissioner or com- missioners so removed. 1649. Commissioners to make special report to the council, etc.] § 21. It shall be the duty of said commissioners, at 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 STATUTES RELATING TO CITY. 836 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. 1650. Right to enter upon land.] § 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 owner. 1651. Right to condemn property, etc.] § 23. In case of disagreement between the commissioners and owners of property, which may, in the judgment of the commissioners, 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 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 proceed- ings of the condemnation of such property, or the ascertain- ment of such damages, or both, shall conform as nearly as may be to those specified and provided in the act entitled “An act to amend the law condemning, right of way for purposes of internal improvements,” approved June 22, 1852, and the act or acts of which the same is an amendment. 1652. 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. 1653. No member of board 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 de- posit 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 WATER-WORKS CHARTER AND AMENDMENTS. 837 commissioners remaining 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 com- missioners shall be liable, upon their bond, for the loss of any or all money coming into their possession or control, as such commissioners. 1654. Drawing out funds — register of checks, etc.] § 26. The funds of the said board shall be drawn out upon checks or drafts, regularly numbered, and payable to the order of the respective person or persons for whose benefit the same are in- tended, 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 and the said returned checks or drafts shall always be subject to the examination of the finance or any other com- mittee 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 ap- pointed 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. 1655. Books of account — finance committee 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 purpose, at the time of the presentation of the semi-annual reports of the said board to the city council, as herein provided, to make a thorough examination of the 838 STATUTES RELATING TO CITY. books, accounts and vouchers of the said corporation, and to report, in writing, to the city council the results of said investi- gation. 1656. Commissioners to elect superintendent, etc.] g 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 superin- tendent, 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 [superintendent]. The superintendent so elected may be removed at any time by a vote of all the members of the board. 1657. 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 furnished, 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. 1658. Commissioners to control lands and works.] § 30. The said commissioners, after they shall have decided by lot their respective terms, shall succeed to, and take the control of, the Springfield water- works, (contract for the building of which has been entered into by and between the city of Spring- field and Ennis and Eastman), and also to succeed 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 commis- sioner shall have the same 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 purchase'd 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 contained in this act release or impair any of the obligations or provisions WATER-WORKS CHARTER AND AMENDMENTS. 839 of that or any other contract, by and with the said city of Springfield, in relation to said water-works. 1659. 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 pro- vided; and the amount of such salary shall not be reduced dur- ing the term for which said commissioners shall be elected. 1660. Commissioners shall give bond.] § 32. E'ach 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. 1661. 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 corporation, 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 collected, 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 contained in this section, or in any ordinance passed in pursuance 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 commis- sion. 1662. Contracts — public notice to be given.] § 34. Public notice shall be given of the time and place at which sealed pro- posals will be received for entering into all contracts with said corporation; all proposals for contracts shall be sealed, and 840 STATUTES RELATING TO CITY. 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. 1663. Entering into contract — security.] § 35. Every person who shall enter into any contract shall give satisfactory security to the commissioners for the faithful performance of his contract, according to its terms. 1664. Inconsistent acts repealed.] § 3G. All acts or parts of acts heretofore in force, and inconsistent with the provisions of this act, are hereby repealed. 1665. 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. j 1666. Part of section second of water-works charter re- pealed.] § 1. Be it enacted by the People of the State of Illi- nois , 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 there- after, is hereby repealed. 1667. City council may order an election of commissioners at any time.] § 2. The city council of the city of Springfield may order an election, at any time hereafter, for said board of water commissioners, when said council may deem it expedi- ent. 1668. When to take effect.] § 3. This act shall take ef- fect 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 law’s of 1867, vol. 3, page 679.] 1669. Power 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 thousand •dollars, in addition to the amount already authorized to be bor- WATER- WORKS CHARTER AND AMENDMENTS. 81 1 rowed 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, pledging the faith and credit of said city for the payment of the principal and interest of said bond, which bonds shall be issued under the corporate seal of the city of Springfield, 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 ex- ceeding eight per cent, per annum. 1670. Power 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 neces- sary buildings at the said river, and to condemn 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 pro- perty for a roadway along the line of their wafer pip&. 1671. Inconsistent acts repealed.] § 3. All acts or parts of acts heretofore in force, and inconsistent with the provisions of this act, are hereby repealed. 1672. In force from passage.] § 4. This act shall take icffect and be in force from and after its passage. t INDEX TO ORDINANCES A Accounts — Section Comptroller to revise and audit 35 How kept by treasurer 57 Finance committtee to control and examine 69 City engineer to keep account of material, etc 78 Superintendent of streets to keep account of implements, etc 94 Of expenditures in wards 95 City weigher, of loads weighed 345 Of cemetery, to be kept by city clerk and treasurer 386 Superintendent of police, of animals sold, etc 412 Of fees collected by superintendent of police 468 Manner of certifying 846 Acknowledgments of Officers’ Bonds 714 Actions — For violation of ordinances, where brought 195 Against incorporated company, summons.... 197 No dismissal for informality 199 Not affected by repealing ordinance 741 Different ordinances relating to, prosecutor may elect under which to proceed 747 Additions — • How laid out, etc 947,948 Advertisements — For work done by special assessment 102 Bids opened 104 Re-advertisement 105 For city supplies ’873 Posting on property without owners’ consent 970 Aldermen — Council meetings attended, report of clerk 21 Authority of at fires 248 May make arrests at 248 Contesting elections of 448 Compensation 460 Alleys — (See Streets and Alleys). Alton and Sangamon Railroad Co 1164,1165 Amusements — Class of 552 Circus and menagerie 554 License required. 553, 554 Mayor to determine class 555 Halls and theatres, first class 554,556 Halls and theatres, second class 554,557 Halls and theatres, third class 554,558 INDEX TO ORDINANCES. 843 Section Lotteries not to be held out as inducement 559 License to be obtained before exhibition 560 Doors of halls to open out '. . 561 Persons not to stand in lobby 562 Street shows, etc 552 Animals — Prohibited from running at large, penalty 398 Police to take up and impound 399 Persons injured, damaged, etc., may take up . .. . 400 Superintendent of police may appoint pound keeper 401 Shall be provided with food when in pound 402 Duty of keeper when no owner appears, etc 403 Proceeding against unknown owner, notice, etc 404, 406 Owner of may have trial by jury 407 Order of sale, form of 408 Notice of sale, form of 409 Manner of selling 410 Sale may be adjourned, etc 411 Account kept of animals sold, by whom 412 Surplus proceeds, how disposed of 413 Penalty for breaking open pound 414 Penalty for taking animals from lot or pen 415 Horse or team without driver may be taken up 416 Register of dogs to be made 417 Running at large of dogs forbidden 418 Superintendent of police to take up dogs 419 Monthly report of taxes on dogs 420 Dogs to be confined, when 421 Dogs to be destroyed — penalty to owner 422 Registered dogs not to be impounded 423 Keeping fierce and dangerous dog 424 Female dog, penalty for running at large 425 Penalty for beating, overloading, etc 426 Penalty for failing to provide sustenance for 427 Mischievous animals at large, penalty 428 Removal of dead animals 429, 1129 To be removed in covered wagons 430 Chief of police to be notified 431 Indecent exhibition of, penalty 647 Keeping for fighting or baiting, penalty 650 Fast riding or driving 662 Leaving team unfastened . 663 Penalty for frightening teams, etc 666 Not to be fastened to lamp posts 678 Not to be fastened to fences or trees without consent 680 Obstructing sidewalks 818 Leading or driving over sidewalks, etc 821 Teams not to be unhitched or left standing, etc. 843 Teams shall not to be left standing on paved streets, excep- tions 844 Excavations open so as to endanger, etc 829 Pollution of Sangamon river by, etc 913 Appeals — How and when taken 153 For Index to Laws see page 303. 844 INDEX TO ORDINANCES. Applications — Section For building permit 490 For licenses 579 For pharmacist’s permit 627 Appropriations — Unexpended balances transferred to general fund 41 To be made in first quarter of fiscal year 943 Comptroller to notify council when exhaused 944 Arc Lights at Railroad Crossings — (See Railroads.) Arrests — When arrests may be made, with or without process 180 Officer may call aid 183 When no process is necessary 198 Person arrested may be released on bond. 202 Who may make arrest at fires 248 Superintendent of Oak Ridge may make 390 When saloon keeper may make 609 Railroad employes may make, when 667 Article IX of General Incorporation Act — Ordinance adopting 1055 Ashes — Deposited in vessels, etc 487 Throwing in street, penalty 850 May be removed by scavenger 1009 Assault and Battery — Affrays, etc., penalty 632 Assessments for Improvements — (See Special Assessments.) Auctioneers — License fee required (1) 549 Selling without license, penalty 551 Time license shall run 954 License not transferable, powers of auctioneer not to be dele- gated 955,956 Bond, etc 957 Streets or sidewalks not to be obstructed, penalty 958 Substituting inferior article, etc., penalty 959 Automobiles 860,861 Awnings Construction in fire limits regulated, penalty 960 Wooden awnings in fire limits, etc 961 How constructed outside fire limits 962 Council may direct removal of, etc . 963 B Badges — Of policemen 190,191 Of firemen 242 Of hackmen and drivers 881 Of bill posters.... 966 Of porters and runners 1004 INDEX TO ORDINANCES. 845 Bail — Section May be given when arrested 202 Suit on bond in case of default 203 Ball Alleys, Pin Alleys, etc. — License required 542 Not to be open on Sunday, penalty 685 Keeping without license, penalty 971 Liquors not to be sold in without license 972 Minors not allowed to play 973 Ball Playing — Penalty for playing in business portion of city 665 Ballots — (See Elections.) Banners — Not to extend over sidewalk more than three feet 815 Barbed Wire Fences — Use of prohibited 997 Not to be built on street line, penalty 998 Bawdy House — (See House of Ill-fame.) Bicycles 860, 861 Billiard Tables — License fee (4) 540 Keeping without license, penalty 971 Not to keep or sell liquor without license ' 972 Minors not allowed , to play 973 Bill Posting — License required (3) 549 Unlawful without license, proviso, fees, etc 964 Fee for license 965 Bill posters to wear badge 966 Hand bills, etc., not to be thrown on streets 967 Penalty for violating provisions in regard to 969 Posting of bills on private property forbidden 970 Board of Health — Inspection of milk 272 Dairies, to supervise 272 Apparatus for testing purposes 273 Room and supplies 273 Sanitary inspector 274 Milk, samples to be taken of dealers 274 Samples to be tested ! 275 Samples brought by others to be analyzed 276 Vessels, cans, etc., to be inspected 276 Plumbing and drainage 298 Inspector to report to 301 Plumbers to file plans with 302 Plumbers to exhibit certificates 303 May suspend certificate 303 To judge number of inspections 304 To enforce regulations 332 For Index to Laws see page 303. 84G INDEX TO ORDINANCES. Bonds— Section Of mayor 1 Of city clerk 16 Of city comptroller 31 Of city treasurer * 50 Of superintendent of streets 87 Of city engineer 75 Of contractors for public works 105 Of city attorney 147 Of superintendent of police 16i Of sergeants of police. . . . .* 172 Of patrolmen 17$ Of patrol wagon drivers 189 Of prison keeper 214 Of fire marshal 233 of members of board of health *. 254 Of health inspector 291 Of meat inpector 335 Of city weigher 344 Of inspector of weights and measures 356 Of members of Oak Ridge board 379 Of superintendent of Oak Ridge cemetery 389 Of applicant for building permit 491 Of applicant for licenses 581,957 Of retailers of liquors 600 Of wholesalers of liquors 624 Of pharmacists for permit 627 Of city officers 713 Indemnifying bond to be given by contractor 835 Of hackmen, etc. 879 Of draymen, expressmen, etc 891 Of superintendent of water works 904 Of collector of water rates 905 Of plumbers 942 Of auctioneers 957 Of pawnbrokers 989 Of porters and runners 1002 Of scavengers 1008 Of second-hand and junk dealers 1015 Bone Factories — Establishment of unlawful 701 Books — Obscene or indecent, sale forbidden 648 Boundaries — Of streets, alleys, etc., survey, plat, etc...# 79 Plats kept in engineer’s office 82 Of Oak Ridge Cemetery 376 Of wards of the city 1044-1050 Boys — Throwing of stones by 640 Climbing on wagons, etc ' 641 Disturbing assemblages, etc 642 Playing about railroad, climbing on cars, etc 667 Throwing missiles, injuring property, penalty 675 Disturbing peace on Sunday 684 INDEX TO ORDINANCES. 847 Branches — Section Filling up or changing without consent 789 Engineer to make survey 790 Brewers and Distillers — License fee required for •••(7) 549 Penalty for doing business without license 623 Application and bond of 624 ft Bridges and Culverts — Council to locate, etc 97 Railroad company to construct and repair 751 Removing or injuring, penalty 828 Brokers and Money Changers — License fee (5) 549 Brokers, etc., defined 974 Doing business without license, penalty 97& Real estate broker must have license 970 Buildings — Erection regulated within fire limits....' 470 How constructed in fire limits 477 Roofs, gutters, cornices of, within fire limits 478 Removal of, proviso 482 When may not be repaired, damage, how determined 482 Duty of fire marshal, when wooden erected or removed, may be torn down by order of mayor 480 Ashes from, how disposed of 487 Fire marshal to inspect 488 Permit for required in fire limits 489 How permit applied for 490 Bond required of applicant for permit 491 Erecting or altering without permit, penalty 492 Scuttles or openings in roof of.. 493 Chimney flues, etc., construction of 494 Stove pipes and stoves, how set 495 Combustibles in 496 All buildings to be inspected 497 Fire escapes to be provided 498 Fire not to be made within twenty feet of 509 Doors of public buildings to open outward.... 669 Posting bills on, penalty 676-970 When a nuisance, how abated 703,704 Privy or water closet 708 Steps, etc., not to extend on sidewalk, etc., more than 3 feet. 813 Encroaching upon street, avenue, alley or sidewalk. 832 Erecting without obtaining proper line of street 833 Contractor or builder to give bond 835 Encroaching upon street not tO’ be repaired 836 Encroaching upon street, to be removed within .thirty days 837 Not to be removed without permit 838 Assessed for water rates 903 Numbering of, how to be done 979-981 Butchers — License fee for (28) 549 (See also Meat Vendors.) For Index to Laws see page 303. 848 INDEX TO ORDINANCES. Butter — Section Penalty for selling adulterated, etc 270 C Capital Coal Company switch 1245,1246 Capital Horse Railway 1307-1311 Capital Township- City clerk, ex-officio clerk of, etc 22 Election precincts of 456 Voting places 457 Cars — Climbing upon unlawful 667 Obstructing streets, crossings, etc 754 (See also Railroads.) Cedar street — opening, widening and extending 1552 Cellars — Health officer may inspect ' 293 Opening on sidewalk, etc., doors, gratings, etc 813 Penalty for leaving open 848 Cemeteries — Establishing of within one mile of city limits forbidden... 366 Burial of the dead in old cemeteries prohibited 367 Trespassing, hunting, etc., on grounds forbidden, penalty.. 368 Penalty for injuring property of 369 Oak Ridge board to have charge of old cemetery 370 Superintendent of to report monthly 371 Interments not to be made in without permit 372 How burial (permit obtained 373 Clerk to keep record of burial permits, report to council. . 374 Penalty for forging name to permit 375 Hutchinson cemetery vacated and constituted a park (see also Oak Ridge cemetery) 1070-1075 Chimneys — (See Buildings.) / Churches — Doors to open outward 669 Disturbing services of, penalty 683 Snow on sidewalk to be removed 823 Circus — License fee for 554 Cisterns — Not to be left open adjoining street 848 Supplied from water works 916 Regulation of on line between premises 920 • • . 1 7 -t; City Attorney — To draw form of contract and bond for public work 107 General duties defined 147-157 To advise health inspector, etc 295 City Clerk — Bond of * . . . . 16 Office at city hall, hours of. 17 INDEX TO ORDINANCES. 849 Section To attend all council meetings and keep records, etc 18 To issue notices, etc 18 To deliver papers referred to committee 19 To prepare commissions, licenses, permits, etc 20 To report to comptroller number of meetings attended by aldermen 21 Ex-officio clerk of Capital township 22 May appoint deputy, etc 24 To preserve books, records, etc 24 Other duties of 25 To furnish copies of ordinances, etc 148 To be clerk of board of health 255 To certify orders of board of health 258 To issue burial permits 373 To keep record of same 374 To keep plat of Oak Ridge Cemetery 384 To countersign cemetery deeds 385 To keep cemetery accounts 386 To furnish to superintendent monthly list of lots sold 391 To give notice of elections 434,435 To provide poll books, blanks,, etc., for elections 439 To give notice to persons elected or appointed 445 To preserve ballots six months 455 Fees to be charged by 470 To make semi-annual report of fees 471 To issue building permits 490 To sign permits for keeping gunpowder 520 To issue licenses 579 To certify to transfers of licenses 585 To keep license register and make monthly report of licenses 591 To notify all persons whose licenses have expired 593 To notify liquor dealers to procure copy of this article 615 To issue permits to pharmacists 628 To issue officers’ commissions 716 Form of commission issued by 717 To file and keep original ordinances, correct errors, etc.... 735 To have ordinances published.... 736 To mark date of passage of ordinance at foot of record 737 To deliver revised ordinances to each officer, etc 739 To furnish chapter relating to street lights to companies... 872 Shall be custodian of corporate seal 978 City Council — Regular and special meetings 8, 10 Quorum of 11 Rescinding vote at special meeting 12 Standing committees, meetings of 9 Standing committees of, how appointed 13 Reports of committees of, shall be deferred, when 14 Decision of, final in contested election of alderman 448 To fix time for taking depositions in contested election.... 456 Evidence in contested election, how passed upon by council. 453 Ballots may be produced before committee of 454 Compensation of city officers to be fixed by 458 May order unsafe or dangerous buildings removed 703 To approve plats of additions, etc 948 May order the removal of awnings, when 961,963 Telegraph poles, etc., not to be erected without consent of. . 1025 For Index to l^aws see page 303. 850 INDEX TO ORDINANCES. City Treasurer — Section Member of department of finance 27 Bond of 50 Receiver of all corporate moneys 51 To give receipts therefor, file copies 52 To keep register of warrants redeemed 53 Receipts of special assessments, how applied 54 Corporate moneys kept separate 55 Report delinquent officer to comptroller 56 Books and accounts, how kept 57 Monthly account to be rendered to comptroller 58 Shall make annual report 59 To be ex-officio collector of special assessment 60, 62 Form of notice of special assessment to be given by 63 Shall request payment, his neglect to do so, etc. 64 Shall execute receipts in duplicate 65 Receipt books, how kept 66 Shall report to county collector 67 Shall receive no extra compensation, unless, etc 68 Shall keep cemetery account 386 Shall keep account of pound receipts 412 City Comptroller — Head of finance department 26 Office of created 29 How and when appointed 30 Bond of 31 Duties of 32 To keep the books of the city, papers, etc 34 To revise and audit accounts, draw warrants, etc 35 Keep list of all warrants drawn 36 May require statements under oath 37 Shall require monthly reports of officers, duty of when officer neglects to report 38 To keep account of revenue and debts 39 To notify council when appropriations are exhausted 40 To transfer balances to general fund 41 To keep register of bonds 42 To keep list of local improvements, contracts, etc 43 To attend tax sales of real estate in interest of city 44 To countersign licenses 45 To report monthly to council 46 His annual report, what to contain 47 To make estimate of annual expenses 48 To deliver to successor in office all papers, etc 49 To countersign contracts, etc 107 When to draw warrants for public works Ill To provide blank reports for magistrates 207 To institute suit against delinquent officers 208 To provide books, etc., for city weigher 349 To provide standards of weights, etc., for use of inspectors. 357 To draw warrants for salaries 358 To keep record of all licenses 587 To notify council when funds exhausted 944 City Engineei — Member of department of public works 72 Office created, term of office 73 How and when appointed 74 Bond of ' 75 INDEX TO ORDINANCES. 851 Section General duties of 76 To superintend public works 77 To inspect and measure material, etc., examine bills, certify same 78 To make surveys of grades or boundaries, etc 79 Plats or profiles to be approved by council 79 To give grade of street, alley, etc., without charge, may em- ploy assistants 80 To provide himself with field notes of original surveys 81 To keep plats of grades and surveys of location of sewers. . 82 To issue permits to connect private drain with public sewer 83 To make annual report to council 84 To preserve all plats and surveys, etc 85 To prepare plans and specifications 101 To certify to work when completed Ill To keep maps of sewerage districts 784 To make survey of natural drain 790 ^ May give temporary grades for sidewalks 804 Shall give line of street before building erected 833 To notify owner of building encroaching on street, etc 837 Numbering houses, duty of 980 City Electrician — Office created, term of 113 How and when appointed 114 Oath and bond .'.... 115 Duties of 116 Salary fixed 117 To supervise electric lamps and all electric wires, etc 118, 119 Shall test insulation 120 To superive all apparatus connected with electric wires.... 121 To supervise construction of all electrical apparatus, conduc- tors, etc 122 To issue certificates of inspection 123 To issue permits for erection of wires 124 General powers and duties as inspector 125,126 Switches, cut-outs, etc., placed under the direction of 127 Guard wires* irons, etc., approved 128 Permits granted to erect poles on his recommendation, etc. 129 To enforce provisions in regard to poles 130 Powers and duties concerning electric railways, etc 131 Report of daily tests of insulation to be made to 132 Books of, how kept 135 May order stoppage of electric current 133 Regulations, subject to approval 136 Pees as inspector 136 To have general supervision over electric wires 139 To make inspection of electric wires 140 To direct placing and stringing of wires 141 To supervise changes and alterations 142 Electric construction to conform with regulations 143 To inspect electric wires and poles 1033 To furnish patrolmen with blanks 1034 Companies owning to pay fees 1035 Fees, penalty 1035,1036 For Index to Laws see page 303. S52 INDEX TO ORDINANCES. City Prison and Workhouse — Section Established, location of 211 City Prison Keeper — Office created 212 How appointed, bond, oath 213 Ex-officio policeman, reside at prison, duties 214 Receive and receipt for prisoners 214 Require persons committed to labor 216 Keep record of prisoners 217 Report monthly to council 218 Prisoners released, when, penalty 219 Shall keep prison clean, etc 220 Shall enforce rules, etc 221 May employ medical attendance 222 Police committee to visit prison and report to council 223 Humane treatment of prisoners, no liquor to be furnished, penalty 224 Shall deliver prisoners to superintendent of streets, etc 225 City Weigher — Appointment of 343 Bond of 344 Duties of 345 To make certificates of weights, reweigh vehicles, etc 346,347 To test scales and keep in order 348 Comptroller to furnish blanks 349 Report monthly to city council 350 Appoint deputy at own expense 351 Neglect of duty, false certificate, penalty 352 Persons not to be appointed, not to buy hay, coal, etc 353 Altering certificate of, weigher to prosecute, penalty 354 Citizens' Street Railway Company 1372-1404 Citizens’ Street Railway and Improvement Company, Right of Way of, etc 1348-1371 Coal- How weighed, deductions 346 City weigher not to be a dealer in 353 Combustible Materials — If deposited or scattered near lumber, penalty 486 Must be removed from building, etc 496- Not to be set on fire within thirty feet of building 512 Not to be strewn or left near building...' 513 Hay and straw, how stored 514 Commissions — By whom made out and signed, form of 716, 717 Commitments — On violations of ordinances 180 For non-payment of fine, etc 215 Name and offense registered 217 Of offenders at fires 248 Committees — Standing committees, meetings of 9 Standing, how appointed 13 INDEX TO ORDINANCES. 853 Section Reports of, when deferred 14 Papers must be attached to report of 15 Committee on Finance — Members of finance department 27 To prescribe manner of keeping accounts, and examine books of officers 69 May be appealed to in adjustment of accounts of officers.. 70 Make annual examination of accounts of treasurer and comptroller and compare reports. of 71 Committee on Police — To investigate charges against officers of force 165 Prescribe uniforms, etc 190 Make rules for prison and workhouse 221 Visit same monthly 223 Inspect second-hand and junk store’s books 1020 Committee on Fire and Water — Recommend appointments for fire department 241 Make rules for same 250 Remove members, except marshal 251 Chairman of to notify owner of wooden building in fire lim- its, when 483 In connection with mayor et al. shall decide on fire escapes. 498 Committee on Public Buildings 498 Committee on Streets and Alleys — May require engineer to make surveys of 79 Superintendent to. comply with orders of 89 Supervise setting of telegraph and other poles 1027 (See Streets and Alleys.) Concealed Weapons — Carrying of unlawful, penalty, proviso 643 Concert Halls, etc 556-562 Contagious Diseases — Provisions in regard thereto 261-268 Contested Elections — (Seq Elections.) Contracts for Public Work — Comptroller to keep list of 43 Engineer to make plans, etc 76 Cost to be ascertained before letting 99 When and how contract to be let 100 Duty of engineer to prepare specifications, etc 101 To be made by special assessment, how let 102 Proposals to be sealed, bond, etc 103 Bids opened by mayor, contracts let, etc 104 Bond required, bid rejected, re-advertised 105 Failure to fulfill contract 106 Contract drawta by city attorney in duplicate, etc 107 Mayor may suspend work 108 What to contain when ipaid by special assessment 109 Surplus earth when reserved by city, etc 110 For Index to Laws see page 303. 854 1NDKX 'J’O OltDlNANCES. Section Payments, how made, advances, reservations, etc Ill No payment for extra work without order, etc 112 Contractor — Account not certified unless contract complied with 112 No city officer to be contractor for city work 722 Excavation must be protected by 829 When required to give bond, etc 835 Duty of contractor for lighting streets 866,867 Corner Stones — Penalty for removing or destroying 682 Corporate Seal — Described, custodian of, not binding on city, unless, etc 977,978 Court — Term defined 744 Costs — Of public improvements, ascertained 99 In police courts, city not liable, officer not entitled to fees as witness 205 Malicious prosecution, taxed against complainant 206 Not to be taxed against city, when 473 Tearing down or removing buildings in fire limits 483 Crossings — Railroad to furnish flagman at . ... 753 Not to be obstructed by cars, etc . . ., 754 Teams or vehicles not to obstruct 845 Culverts — Construction of regulated 98 Railroad companies to construct and repair....... 751,752 Persons taking up to return or repair. 828 Curbing — How constructed 807 Rings in for hitching 820 D Damages — For non-performance of contract . 108 To wooden buildings in fire limits, how determined 482 Officer liable to city for damages from neglect of duty 719 For connecting private drain with public sewer 785 Injury from defective sidewalk, owner liable for 812 For obstruction to streets, etc 840 Telegraph and telephone companies, when liable for 1026 Dairies — (See Milk.) Dairy Herds and Cows — Cows to be tested for tuberculosis 287 Live stock commissioners to make test 287 Owners to file certificate with milk inspector 287 Certificate to be filed before milk is sold 288 Penalty for violation 289 INDEX TO ORDINANCES. 855 Dead Animals — Section Removal of, license...... 429 Must be hauled in covered wagon 430 Chief of police to be notified 431 Depositing in sewer, etc., penalty 787 Throwing into Sangamon river unlawful 913 In reservoir or lakes forbidden 916 Deeds — City clerk to attest 20 Comptroller to have charge of 32 To cemetery lots 385 Form of for cemetery lots 386 Defaulter — Suit instituted, etc.. 38 Withhold salary from 459 Department of Finance — Established, etc 26 Of what, officers composed, fiscal year, etc 27,28 Department of Public Works — Established, of whom composed 72 Contracts for to be advertised 102 (See Contracts for) Depositions — Of witnesses, of contested election of alderman 453 Disorderly Conduct — In saloon, keeper may arrest for 609 Penalty, etc 633,634 Disorderly House — Defined, penalty for keeping ♦. 611 Penalty for keeping 656 Disturbing the Peace — At elections 447 Penalty for 633 By challenging to fight, etc 634 At places of amusement, etc 639 On Sunday. 683,684 Distillers and Distilleries — License fee fixed (7) 549 Doing business without license, penalty 623 Unlawful to establish above water works on Sangamon river 913 Dogs — Tax on, checks, how and by whom furnished 417 At large unchecked, when, impounded, how released, de- stroyed if not redeemed 418 Superintendent may appoint assistants, penalty for resist- ing officers 419 Fees collected on to be reported to council 420 Mayor may issue proclamation for -muzzling 421 Running at large contrary to ordinance 422 For Index to Laws see page 303. INDEX 'JO OKU J NANCES. 856 Section When registered, etc., removing check from, etc., penalty. . 423 Dangerous dog not protected by check running at large, penalty for 424 Bitch in heat at large, penalty for 425 Cruelty to 426 Vicious, not to run at large 424,423 Fighting or baiting prohibited 650 Drains — Permit for connecting with sewer 83 Street superintendent to supervise connection of 91 Constructing without permit, penalty 785 Natural drain not changed without consent of council.... 789 Engineer to make survey of 790 Excavations for to be filled 795 (See Plumbing and Drain Laying.) Drays, Carts and Wagons — License fee (9) 549 Using for hire, without license, prohibited 890 How license obtained 891 Number of license placed on vehicle 892 Rates for hauling goods and merchandise 893 Certified copy of rate to be kept 894 Penalty for driver to refusing to carry any load, unless, etc. 895 Illegal rates charged, penalty for 896 Public stand 897 Drivers to obey police orders 898 (See Vehicles.) Dram Shops — License for (26) 549 Penalty fo» keeping without license 599 License, how obtained 600 Definition of * 616 (See Saloon District.) Drivers — Of fire engines, how appointed 241 Of vehicles, shall turn to the right 664 Druggists — Penalty for selling poison, proviso 271 Sale of liquor without permit unlawful 626 Permit to sell liquor, how obtained, bond, etc 627 Manner of issuing permit, expiration of permit 628, 629 To sell only for purpose authorized 630 Mayor may revoke permit 631 Drunkenness — In saloon or dram-shop 605 Selling to habitual drunkard, notice, etc.... 606 Penalty for being drunk 644 Dwelling Houses and Other Buildings — Wooden in fire limits, not to be enlarged, etc. 481 When damaged fifty per cent., etc 482 Erected contrary to ordinance, nuisance 4 83 Leaving team in front of without consent S43 Provisions in regard to numbering 979-981 INDEX TO ORDINANCES. 857 E Elections — Section General, municipal, when held 433. Notice of 434 Special elections 435 Judges and clerks, how appointed, notice of 433 If judges absent, vacancies, how filled, not all to be of same party 43T Judges may appoint clerk to fill vacancy, oath 433 Ballot boxes and poll books, how provided 43^ Time of opening and closing polls 440, 441 City elections conducted same as county elections 442 Returns and result, how made and declared 443 Persons declared elected, proceedings in case of a tie 444 Persons elected to be notified 445 New election, when may be called 443 Police to preserve order at polls 447 Of aldermen, may be contested 443 Manner of contesting 449-454 Ballots preserved six months, how destroyed 455 Election precincts and voting places of Capital township. . .456, 457 Compensation of judges, etc 472. Electric Companies, Firms and Corporations — To keep competent man in employ 134 To conform with regulations 143 License for wiring, etc 144 To satisfy city electrician of competency 144 Refusal to comply with order 145 Penalty for violation 145 Poles and wires, inspection of 1033 Police to report condition 1033; Blanks furnished patrolmen 1034 Annual fee for inspection 1035". Penalty for violation 1036. Electric Light, Heat and Power Companies — Springfifield Steam Supply and Electric Light Co 1076 R. N. Baylis et al., electric light, power and heating 1082 Merchants’ Light and Power Co. . . 1091 Peoples’ Electric Light, Power and Heating Co 1100 Authority to construct, and right of way 1100 Extending franchise 1114 Capital Electric Co 1109. Eleventh Street — Authorizing railroad on south part of 1389-1394 Engine Companies and Engine Houses — Where located 231 Evidence — Police officers (o procure in police cases 205 In contested elections 451-453 Against bawdy houses 660 Clerk’s memorandum at foot of record, etc 73T For Index to Laws see page 303. —29 858 INDEX TO ORDINANCES. Excavations — Section How to be made and regulated 827-829 Exhibitions — Of aminals, indecently, etc 647 Of obscene books, etc 648 Of lewd plays, etc 649 Persons giving to keep order 951 Expenditures — Not to exceed appropriations, etc 99, 944 For street lamps, how provided 868 F False Alarm — Of fires, penalty 504 Fast Driving Prohibited 662 Fees and Salaries — Excess from impounding animals paid into treasury 412 From dogs registered, report of 420 Of officers, except aldermen, how fixed 458 When payable 459 Of aldermen 460 Of city weigher 461 Of city prison keeper 462 Of city police force 463 Of superintendent of police 464-468 Of inspectors of weights and measures 469 Of city clerk 470,471 Of judges and clerks of election, how paid *. 472 Of witnesses and jurors 473 Illegal fees, penalty for charging 474 For licenses 549 Scavenger’s fees 1010 Fences — Cutting or injuring, penalty 674 Boy not to climb 675 Posting bills on 676 Fastening animals to 680 Must be on proper line 833 Encroaching on street or alley, etc 836-837 Height of regulated 996 Barbed wire or spiked, along street line 997,998 Fertilizing Plant 1128 Finances — Department established, of whom composed 26,27 Fiscal year begins on first day of March 28 Duty of finance committee 69-71 Fines and Penalties — For opening connection with sewer 83 For violating provisions in regard to electric lights, tele- graphs, etc 137-138 Refusing to assist officer 183 Policeman violating his duty 185 For neglect of police magistrate to pay over fines, etc 208 INDEX TO ORDINANCES. 859 Section Imprisonment for non-payment of fine, etc 215 Prisoner may work out fine on street 225 For refusing to obey orders of board of health 259 For resisting health inspector 294 For altering weighter’s certificate 354 For trespassing on cemetery grounds 368 For permitting animals to run at large 398 For carrying on business without license 551 Prosecutor may elect under which ordinance or section to proceed 747 Fire Arms — Discharging in cemetery unlawful 368 Superintendent of Oak Ridge may arrest offenders 390 Discharging in city, penalty, exceptions. 516 Child under 18 not to have in possession 517 Fire Department — Established, of whom composed 230 Location of companies 231 Rules for government of .......... 250 Fire Escapes — Three story buildings, except residences, to be provided with, etc 498 Notice to owners of buildings, to provide, etc., proviso 499 Penalty for not placing, etc 500 Fire Limits — Constituted and defined 475 Erection of buildings in, regulated 476-483 Balconies of incombustible material..... 480 Lumber yards not to be established in 484 Lumber, ashes, offal, etc., in 485-487 Fire marshal to inspect buildings within 488 Building permits required, how obtained, bond, etc 489-492 Relating to steam works within .501-503 Wooden buildings a nuisance, when 704 Awnings in, regulated 760,761 Fire Marshal — Office created, term of, how appointed... 232 Bond, etc 233 To be chief of department, care of property, etc 234 Must attend all fires, etc., tear down buildings, etc 235 May prefer charges, suspend members, etc 236 Orders at fire must be obeyed, exceptions 237 Keep record of department, report to council, etc 238 Temporary absence of, mayor to appoint, etc 239 Upon expiration of term of office shall surrender books, etc. 240 Proof made of property saved at fire 247 May make arrests at fires 248 Fire and water committee to concur w r ith in making rules, etc ...A 250 To select appraisers for damaged building 482 To examine all buildings to be erected or removed within fire limits 488 For Index to Laws see page 303. INDl-lX TO ORDINANCES. BOO Section May inspect all buildings in city- 497 Concerning lire escapes, to determine location, etc 498 Wooden buildings in fire limits, when to notify owner 704 Firemen — Under command of marshal 234 How appointed 241 To wear badges, etc 242 Duties of 243 Where and how engine to be driven 244,245 Use of hose for private purposes forbidden 246' Removal of property saved at fire 247 Resisting or obstructing on duty 248 Fire and water committee to establish rules, etc 250 May be removed by committee on fire and water 251 Fires — Persons subject to orders of marshal at 237 Offenders may be arrested at 248 False alarm, penalty 504 Carrying live coals 505 Use of lights in barns, etc 506 Fire made on paved street, penalty 507 Using so as to endanger property 508 In sheds or near buildings 509 Burning out chimneys, etc 510 Boiling pitch 511 Burning shavings, straw, etc 512 Straw, etc., not to be left near building, etc 513 Stacking hay, etc 514 Ashes, how to be kept, etc 515 Fire arms, discharge of, exceptions 516 Fire-works, bon-fires, etc., prohibited except on 4th of July 518 Police to enforce (provisions in regard to 519 Persons keeping powder, in case of fire 526 (See also Gunpowder.) Fire and burglar alarm 1567-1571 Fire alarm and messenger service 1577-1581 Fiscal Year — (Seo Finance.) Forms — Oak Ridge Cemetery deeds 387 Magistrates pound notice 404 Order of sale of impounded animal 408 Pound notice 409 License 580 Officers commissions 717 Fruits — License for selling.. (19) 549 Funding of Bonded Indebtedness 1060-1064 G Gambling and Gaming — Prohibited in saloon 610 Provisions in regard to. penalty 651-655 INDEX TO ORDINANCES. 861 Garbage — Section Not to be deposited in sewer or catch-basin 787 Left on street or sidewalk 851 Removed by scavenger 1007 Where deposited 1009 Gas Company — When under contract for street lighting 866,867 Gas and Water Pipes — Laying of, excavations for, etc., regulated 792-795 Gates at Railway Crossings 759-761 Gilman, Clinton and Springfield Railroad Co — Right of way, etc., and permit for depot on Madison street 1181-1200 Grades — Engineer to make survey, keep plats, etc 79-82 Removing stone or stake, penalty 682 Railroad companies to raise or lower to conform to tracks.. 750 Horse or street railways, concerning 769 Of sewers 777 Of sidewalks, established, laying, etc 804,805 Excavations to be filled to conform to 828 Grocery — Health inspector may enter and examine 293 Gunpowder — Sales and keeping of regulated 520-526 H Hackmen, etc. — Under command of police at depots 188 License fee (11) 549 Must have license, proviso 878 How license obtained 879 Clerk to keep register, number of license to be placed on vehicle 880 Must wear badge, clerk to furnish 881 To have lights at night 882 Rates to be charged 883 Cards, showing rates, to be posted in vehicle 884 To remain with vehicle at depot, proviso 885 Refusing to carry passenger, penalty 886 Packages left in vehicle to be delivered at police head- quarters 887 Stands provided for 897 No regular stand at other places 899 Subject to regulations at depots 900 Police may ( order from stand or depot when, etc 901 Halls and Theatres ...556-562 Hawkers — (See Peddlers.) For Index to Laws see page 303. 862 INDEX TO ORDINANCES. Ha y — Section Weighing - , ton constituted, deductions 347 Dealer in not to be city weigher 353 Stacking near buildings regulated 514 Health — Board of — Health department established, who embraced in 252 Board of health, how appointed 253 Members to qualify, mayor to be president ,.254,255 Clerk, secretary, monthly meetings, rules, etc 255,256 General supervision of public health, nuisance abated, etc.. 257 Orders certified by clerk, mayor to cause execution of orders 258 Penalty for refusing to obey orders of 259 May establish temporary hospitals 260 May cause persons having contagious diseases to be re- moved outside of city 261 Infected clothing to be destroyed 202 Bills, how certified, clerk to keep record 263 Physicians to report contagious diseases to clerk 264 Small pox notice to be posted 265 Persons having small pox not to go on street 266 Duty of physicians and nurses 267 Penalty for bringing contagious diseases into city 268 Any person selling diseased animals, meats, or adulterated food or provisions, duty of health officer 269, 270 Druggists selling poisons 271 May inspect slaughter house, etc 702 Health Inspector — Appointment of, bond, compensation 290,291 Duties of, penalty for resisting, etc 292,293 Notify owners of and abate nuisances 692-701 Notify owner when privy is offensive 710 Persons throwing rubbish in streets to remove 850 Horse or Street Railroads — Not to be constructed without consent of council 768 How to be constructed, penalty. 769, 770 License for cars (13)549,772 Bight of way on tracks, etc 773 Stopping of cars at intersections regulated 774 When to be run, number, letters, etc 775 Company to pave track.. 752 Concerning sidetracks and switches 1436-1438 (See also Street Railways.) Hotels — Must furnish pure milk and cream 286 Doors to open outward, penalty 669 House of Ill-fame 656-661 House Numbering 979-981 Hutchinson Cemetery, in relation to 1070-1075 Idiots and Lunatics — How cared for, etc 982,983 Illinois Central Railroad Co. — Permission to cross 7th and 8th streets with side-tracks. .1216-1219 INDEX TO ORDINANCES. 863 Section Permit to extend a switch 1220-1223 Permit to construct two more side-tracks 1224 Permit to build switch in Madison streeet 1225 Permit to construct side-track in Madison street 1231 Permit to extend switch track in Madison street 1238 Switch to connect with Capital Coal Company’s works. . .1249, 1250 Imprisonment 689 Incorporation under General Law 1057-1059 Indecency 646-649 Inspector of Weights and Measures 355-399 Insurance Companies and Agents — License fees of agents (14) 549 Accounts of, rendered to city clerk (14) 549 Intoxication, punishment, etc 644 J Judgments — Executions may issue on 150 Appeals from 153 Junk Shop and Second-hand Store Keepers 1013-1024 Jurors in Justice Courts 204 Justices of the Peace and Police Magistrates — Suits, how brought, procedure, etc 195-200 K Kerosene*- Gasoline, Coal Oil, Petroleum, etc — Sale and storage of regulated 527-537 Kite Flying — Prohibited in certain places 665 L Labor — Eight hours a day’s work 92 Working' prisoners on streets, provisions in regard to. .. .225-229 Ladders — When owner of building to provide 493 Library and Reading Room — Established, directors, duties of, general provisions, penal- ties, etc 538-542 Licenses — Mayor may grant or revoke 4 To be issued by clerk 20 Clerk’s fees 470 Carrying on business without license unlawful 546 For Index to Laws see page 303. 864 INDEX TO ORDINANCES. Section Persons requiring to register with clerk 547 Co-partnership, one license for 548 Amount fixed for occupations requiring license 549 When due and payable, year fixed 550 Penalty 551 Produce sold by car lots 563 Amusements, circusses and shows 552-554 Halls and theatres 554-560 Railroad ticket brokers 570,571 Posts and poles on streets and alleys 572-577 Peanut slot machines 578 Itinerant merchants 564-569 Application for license, how made 579 Form of license 580 Bonds of applicants, conditions of 581,582 License not longer than one year, countersigned by comp- troller 584 Mayor to receive application, may decline to grant 583 Not transferable without consent 585 Consent of mayor to assign, new bond 586 Record of by comptroller 587 Subject to all ordinances, etc., may be revoked 588 To be kept posted in place of business, penalty 589 In case of death who may act under 590 Clerk to keep register of, monthly report to council of 591 Clerk to notify parties when expired 592 Not delivered till fee paid 593 Superintendent of police to examine register and prosecute offenders 594 Collector of, appointment, bond, duties 595-598 Retailing liquor without license, etc ! 597 Bond of retail liquor dealer, etc 600 May be issued to plumbers to do plumbing work 941 For exhibiting lung tester, etc 952 For scavengers 1008 Lights — In shops, etc., regulated 496 In barns and stables 506 Hackmen to have lighted lamps at night 748 Arc lights at railroad crossings 762-767 Automobiles and bicycles 860 Head lights on street- cars 862 Lincoln Monument Grounds 1065-1069 Liquors and Liquor Sellers — Selling without license, penalty 599 How license obtained, fee, etc 600 License may be revoked 601 License posted in place of business 602 Not to employ minors, or sell to without consent, etc 603 Minors or drunkards not allowed in or about saloons 604 Drinking to excess prohibited 605 Selling to party after notice forbidden, penalty 606 Boisterous conduct, quarreling, etc., prohibited €07 Music in saloons forbidden, etc 608 When keeper may arrest 609 Gaming in prohibited 610 INDEX TO ORDINANCES. 8(35 Section When may be declared a disorderly house 611 Furnishing prisoners with liquors, exception 612 Saloons open after 12 o’clock at night, penalty 613 Not to be open on election days 614 Ordinance in relation to the business must be posted in saloons 615 Dram shops and saloons defined 616 Police to enfofce provisions of this article 617 Saloon district, boundaries 618 Location to be approved by mayor 619 License not to issue if petition against 620 Application to be referred to council 621 Wholesale dealers, brewers and distillers to have, license... 623 How obtained, bond, etc 624 Wholesale dealer not to allow drinking in his store 625 Pharmacists must have permits 626 Fees for permits, bonds, etc 622,627 Permit, how bbtained 628 Permit not longer than one year 629 Druggist not to allow drinking in his store 630 Mayor may revoke permits 631 Keeping saloon open on Sunday, penalty 687 Livery Stables — License for (17) 549 When a nuisance 698 Loafers and Loiterers 690 Locomotives — Not to stop on crossings, etc 754 Whistling in city, exceptions 755 Speed regulated 756 Ringing of bell while running in city 757 Must have lights at night 757 Discharging steam from cylinder cocks regulated 758 Lotteries — Not permitted in places of amusement 559 Prohibited 654,655 Lumber Yards — Not to be established in fire limits 484 Piling, etc., straw or shavings near to 486 License for keeping (16) 549 Lung testers, doll rack, lifting apparatus, etc 813 M Malicious Mischief 673 Manufactories — Buildings used, for fire escapes, etc 499 When a nuisance 698 Steam not to be discharged into sewer from 786 Market Street, Changing Name of to Capitol Avenue 1481 For Index to Laws see page 303. INDEX TO ORDINANCES. 8 GG Mayor— Section Bond, office, etc., duties 1_7 Appointment of standing committees 13 Appointment of comptroller 30 Inspect comptroller’s books 34 May examine treasurer’s books 57 Member of department of public works 73 Appoint city engineer 74 Require him to make plans, etc 76 Require him to superintend work 77 To advertise for bids for public improvement, open same, award contracts, etc 102-104 To approve contracts and bonds 107 May suspend work 108 To sign warrants for work when completed Ill May authorize appeals 153 To appoint superintendent of police 160 To appoint sergeant of police 171 To appoint police, patrolmen and patrol wagon drivers 175 Shall designate day and night policemen 177 May appoint special patrolmen 178 May appoint watchman on application 194 Shall appoint prison keeper 213 To appoint fire marshal 232 To appoint firemen, how 241 To appoint board of health 253 To be president of the board of health 255 To appoint health inspector 290 To appoint city weigher 343 To appoint inspector of weights and measures 355 Shall appoint managers of Oak Ridge Cemetery 378 To sign cemetery deeds 385 May order muzzling of dogs, when 421 May approve applications for permits for buildings 490 Fire escapes to be located as mayor may elect 498 To sign permit for selling powder 520 To grant applications for licenses 579 To approve bonds for licenses 582 May decline to approve application for license 583 May consent to transfer of license 586 May revoke license, when 588 May revoke license of liquor seller 597 To approve bond of wholesale dealer 624 May grant permits to pharmacists to sell liquor 628 May revoke same 631 May remove officers of his appointing 725 May supervise laying of street railways 771 To enforce provisions relating to sewers 791 May give permit to excavate in street 827 May permit removal of building along street 838 To inspect street lamps with committee 865 Shall see that public lamps are in good order 867 May give permit for removal of lamp 869 Advertise for all city supplies 873 In connection with superintendent of police to make rules for drivers at depots 900 No concert in saloon without special permit from mayor. . . . 950 May provide for idiots or lunatics 982 May revoke license of pawnbroker 995 May approve bond of second-hand and junk dealers 1015 INDEX TO ORDINANCES. 8G7 Section May inspect second-hand and junk dealers’ books 1020 To grant scavengers license 1007 Setting telegraph and other poles to be under his direction, etc 1027 Duty of in regard to funding city bonds 1062 Meat Venders — Selling tainted or spoiled meats, pienalty 269 License required for selling meat (28) 549 Meat Inspector — Must be a practical butcher 333 Meetings — Of council 8, 10 Of standing committees. 9 Of board of health 256 Of Oak Ridge managers 380 Menageries — License for 554 Merchandise — Not to encumber sidewalk 815,816,817,849 Milk- Selling adulterated milk, police may take samples of, etc.. 270 License for selling milk (29) 549 Board of health to supervise dairies 272 Samples to be taken by inspector 274 Places whose store, inspector to enter 274 Analyzed and tested 276 Cans and vessels inspected 277 Places where kept and sold inspected 277 Dealers to have license, fee, penalty 278 Private persons peddling by hiand excepted 278 Application for license 279 Vehicle used for carrying 280 Skimmed to be so designated 281 Impure and diluted, penalty for selling 282 Preservatives, sale to be reported 283 Quality fixed 284 Under grade, penalty for selling 284 Cream, quality specified 285 Cream, penalty for selling impure 285 Hotels, boarding houses, etc 286 Minors — Employment of in saloons, selling liquor to, etc 603 Loitering about saloons forbidden 604 Gaming in saloons prohibited 611 Penalty for allowing in bawdy house 659 Pawnbroker not to receive property from 924 Second-hand or junk shops not to purchase from 1018 M isdemeanors 632-691 Month, How the Word Construed 744 For Index to Laws see page 303. 868 INDEX TO ORDINANCES. Money Changers — Section License fee (5) 549 Term defined 974 Penalty for doing business without license, proviso 975 Municipal Year for License Purposes 550 N Name — Unknown defendant, how designated 200 How docketed against unknown owner of impounded ani- mals 406 Names of Streets — To be placed on lamps 865 Capitol Avenue, name of 1481 Changing names of High and Wright streets to Douglas Avenue 1491 National Lincoln Monument 1065,1066 Noises, Disturbances, Etc — Disturbing the peace 633 Penalty for disturbing religious worship 637 Notice — Special of council meetings 18 To officers for settlement 38 To council when appropriation exhausted 40 Of proposals for public work 102 Superintendent of police, of nuisances 164 To magistrates and justices, to pay over 208 Of escape of prisoner 229 Of small-pox, where posted 265 To user of incorrect weights or measures 380 To owner of impounded animal 404 Of sale of impounded animal 409 Of general or special elections 434,435 To judges and clerks of appointment 436 To parties elected or appointed 445 Of intention to contest election 449 To owner of building in fire limites, when it is a nuisance. . 483 To put building in safe condition 497 To place fire escapes on buildings 499 Concerning combustibles 514 Of gunpowder in burning building 526 Of expiration of license 592 To liquor dealer not to sell to drunkard 606 To abate nuisance 692 When livery stable a nuisance 698 To owner or agent when building a nuisance 703,704 To owner when privy vault offensive 709 To officer to surrender books and papers 724 To railroad company to construct crossing, culvert or bridge 752 To railroad company to place lights and keep flagmen at crossings 753 To abate sidewalk nuisance 811 To remove obstructions from 816 When building encroaches on street 837 INDEX TO ORDINANCES. 861) Section To remove obstructions from street or alley 84ft To contractors for street lamps to remedy defects 867 Of assessment for water rates 906 To remove awnings in fire limits, when 961 To remove awnings outside of fire limits, when 963 To county officer in regard to idiots and lunatics, etc 982, 983 To remove barbed wire fences 998 N uisances — Superintendent of police take notice of 164 Board of health to have abated 257 Health inspector to remove 292 Penalty for neglect to abate 294: Cemetery, when declared a nuisance 366 Dogs running at large, when 418 Wooden buildings in fire limits, when 483 When buildings or premises declared to be nuisances • 692 Weeds growing on lot along street 697 Pig pens, stables, foul matter, stagnant water, etc 693-698 Stock yards 699 Slaughtering and packing houses, when 700 Bone and soap factories, when 701 Board of health to inspect slaughter houses, etc 702 When building a nuisance, how abated 703,704 Scaffolds when dangerous 705 Bill boards may be, penalty 706,707 Privies, -when deemed nuisances 708,709 When privy vaults may be emptied 710 Nuisances not defined, penalty for creating, etc..... 711 Sidewalk, when a nuisance 712 Snow on sidewalk, failure to remove 823 When awnings declared to be 961 Nurse or Physician Attending Small-pox Patient 267 O Oak Ridge Cemetery — Grounds described, acres contained in 376 Plat of, how may be changed 377 Managers appointed annually, how qualified 378,379 Meetings of board, organization, officers, rules, etc 380 Board to have control, employ labor, etc... 381 Appraisal of lots, etc., how made 382 Expending receipts, when consent required 383 City clerk to keep plats and records 384 Application for lots, etc., manner of purchase 385 Clerk and treasurer to keep accounts 386 Form of deed 387 Grounds set apart for different purposes, improvements, etc. 388 Superintendent, how appointed, compensation of 389 Duties and powers of superintendent 390 Superintendent to keep plat and list of lots sold 391 Interments, how made, monthly reports ....392,393 Superintendent to reside at cemetery, etc 394 Penalty for neglect of duty by superintendent 395 To deliver up maps, records, etc., to successor 396 For Index to Laws see page 303. 870 INDEX TO ORDINANCES. Section Fines and penalties collected, how disposed of 397 Lincoln Monument grounds 1065-1069 Oath, The Word Defined 744 Obscenity — Obscene language in public 645 Selling or advertising for sale obscene books, etc 648 Obscene plays, etc 649 Offal— Of tannery, soap factory, etc., rendering of 701 Depositing in sewer, penalty for 787 Not to be thrown in river near wiater works 913 Penalty if, thrown in reservoir 915 Offenses — Affecting public peace quiet 632-643 Affecting public morals and decency 634-661 Affecting public safety and convenience , ..662-669 Concerning public and private property 673-682 Concerning Sunday 683-688 Relating to vagrants and paupers 689-691 Officers — Mayor to supervise conduct of, and -appoint 5,6 To make monthly report to comptroller 38 To make statement of condition of department to comp- troller 48 Who not eligible to office 712 Oath and bond of 713-715 To be commissioned 716 Form of commission 717 To make report, furnish information, etc 718 Liable for negligence 719 When office becomes vacant 720 Absent without leave 721 Not to be interested in city contracts 722 Pretending to be an officer 723 To deliver to successor all property 724 Mayor may remove 725 No salary after removal 726 Charges against, action of council 727 Investigation of charges against 728 Malfeasance of, neglect of duty, etc 729 Ohio and Mississsippi Railroad — Side-traks on Madison street 1240-1244 Side-traks, etc., on other streets 1245-1248 Permit to construct and operate 1253-1264 Oil- Amount to be stored, where, how, etc 527,528 Further provisions in regard to 529-537 Oil Inspectoi — Appointment, bond, duties, fees, etc :... 730-733 Omnibuses — (See Vehicles.) ' INDEX TO ORDINANCES. 871 Ordinances — Section City attorney to draw ordinances when required, etc 149 To be recorded in ordinance book 734 Clerk to retain originals 735 Making appropriations, etc., to be. published ’ 736 Memorandum at foot of record 737 When to take effect 738 Revised ordinances deposited with clerk, who entitled to copies of, etc 739 Repealed, to continue in force until, etc 740 Repeal or modification of, saving provision 741 Construction of singular and plural, etc 742 When provisions conflict, how construed 743 The words “court,” “month,” “oath,” etc., construed 744 Meaning of “reasonable time or notice” 745 Power of mayor extends to mayor pro tern 746 When different penalties provided, how to proceed 747 Pines not to exceed $200 748 General terms and phrases liberally construed 749 General penalty for violation of ordinances 1051 General ordinances repealed when in conflict 1052 Special ordinances not repealed unless repugnant, etc 1053 Time of passage 1054 Adopting Article IX. of general incorporation act 1055 Ordinaries — License for (18) 549 What declared to be 984 Conducting without license 985 In connection with dram shop, to be closed on Sunday 986 P Packing Houses — How and where established, inspected, etc 700-702 Pana, Springfield & Northwestern R. R. Co 1178 Park Commissioners Appointed : 1148 Partition and Barbwire Fences 996-998 Paupers — Bringing to city or leaving in 691 Pawnbrokers — License ..(25) 549 Word defined 937 Acting without license 988 License, how obtained, etc 989 To keep book for entry of loans 990 To give memorandum of entry to parties pawning goods. . . 991 Books and articles subject to inspection, penalty 991,992 Not to receive property from minor, intoxicated person or known thief 994 License may be revoked 996 Peddlers — License (12)549, 999 Period of license 1000 For Index to Laws see page 303. 1M)1:.\ TO ORDINANCES. Section Pack peddlers and corner vendors 1000 Penalty for violation 1001 Penalties — (See Fines and Penalties.) Physicians — Failing to report contagious diseases 264 Change of clothing required, when 267 To sign certificate of death 373 Pitch — Boiling of Regulated 511 Plats— Engineer to keep plats of streets, grades, etc 82 Of sewerage districts 784 Pleasure Driveway and Park District 1153,1155,1157 Plumbers — (See Water Works.) Rules regulating their work, etc 921-942 Plumbing, Drain Laying, etc. — Board of health charged with supervision 298 Supervisor of, appointment, to be sanitary inspector 299 Inspector’s bond, salary 300 Duties of inspector , 301 Fees for inspection of 301 Plumbers to register with sanitary inspector 302 Certificates of registration 303 Inspection fees to be deposited 304 Permits for connections with water main, etc 305 Defined 306 Main drain of houses to connect with sewer 307 Size of drain 308 Cellar drains, how constructed 309 Catch basins and cast iron traps 310 Arrangement of pipes 311 Vertical soil pipes to extend above roof 312 Horizontal soil pipes to be ventilated 313 Main soil drain 314 All sinks, etc., to be trapped 315 Sheet metal and earthen pipes not to be used 316 Pipes to be sound, weight 317 Pipes to be tested; defective pipes 318 Safes to be drained 319 Water closets to be ventilated 320 Steam pipes not to connect with sewer 321 Waste pipes not to discharge in street or alley 322 Catch basin not allowed in building 323 Lead bends or traps for water closets 324 Waste pipes from, wash basins 325 Connections of lead pipes to be wiped 326 Lead waste pipes; weight 327 Sanitary inspector to enter premises 328 Permit to make connections of water pipes 329 Penalty for violation 330 Plumbers responsible for acts of employes 331 Board of health to enforce 332 Permit for connection with steam mains 796 To prevent escape of steam into sewers 797 Plumber to report radiation, etc 798 INDEX TO ORDINANCES. 873 Section Discharge pipes in sewers 799 Change in surface radiation 800 Penalty for violation 801 Poisons — Sale of regulated 271 Police Department — Of whom composed, establishment of, etc 158 Sergeant, when and how appointed 170,171 Bond of sergeant 172 Secretary of department, other duties 173 When to act as superintendent 174 Patrolmen, when appointed 175 Oath of, bond 176 How assigned to duty 177 Special policeman, how appointed 178 General duties of police ...179-183 Refusing to aid police when requested 183 Police to aid fire department 184 Penalty for non-performance of duty 185 Resisting or obstructing an officer 186 Impersonating officer falsely 187 Draymen, hackmen, etc., to obey 188 Patrol driver’s duties 189 To be uniformed 190 Of what uniform to consist 190 Supplied with star or badge 191 Star and badge to be delivered to superintendent, when, etc. . 192 Any member may receive salary when disabled 193 Watchman for railroad, duty, etc 194 Complaint before magistrate 196 Take recognizance of persons arrested 202 Attend as witness, furnish list, etc 205 Report collections on executions „ 210 Deliver persons to prison keeper 215 Duty of at fires 248 Enforce health provisions 270 Assist health inspector 296 Mayor may designate policeman as health inspector 297 Take up animals running at large 399 May destroy dogs 418 Preserve order at elections 447 To report street lamps -not burning 135 To report condition of poles and wires 1033 Fees allowed, paid into treasury 463 Enforce ordinances relating to fires 519 Enforce ordinances relating to licenses 594 Enforce ordinances relating to liquor dealers 616 Wearing star without authority, penalty 423 Giving notice to remove obstructions from sidewalk 816 Order streets cleared of teams, etc 846 May order vehicles from public stand, when 901 May give orders to remove unlawful signs, etc 1023 Police Magistrates 195-209 (See Justices of Peace.) For Index to Laws see page 303. 874 INDEX TO ORDINANCES. Porters and Runners — Section License for (24) 549 Bond, penalty, etc.. 1002-1005 Postal Telegraph Company 1572-1576 Privies — Health inspector to have cleansed 293 Construction of regulated, penalties, etc 708-710 Prostitutes, Street Walkers, etc 689 Providence Gas Company 1136,1144 Public Buildings — Doors to open outward, penalty 669 Public Library — appropriation for 1160 Public Park — Formerly Hutchinson cemetery 1070-1075 Public Peace and Quiet — Offenses affecting | 632-643 Public Morals and Decency — Offenses against 535-661 Public Safety and Convenience — Offenses affecting 662-669 Public and Private Property — Offenses concerning 673-682 Public Works, Department of 72 (See Contracts For.) Q Quorum of Council 11 R Railroads — To grade tracks, repair drains, culverts, etc 750-752 Keep lights and flagman at crossings 753 Not to obstruct street, alley, etc., with cars, etc 754 Whistling in city prohibited, exceptions 755 Speed of running trains in city 756 Engine bell to be rung continually, when, etc 757 Discharging steam from cylinder cocks, etc., penalty 758 Keep gates at crossings 759-761 Maintain arc lights at street crossings 762-767 Alton & Sangamon R. R. (now C. & A.) 1164 Chicago & Alton, grade of track on part of 3d street 1166 Pana, Springfield & Northwestern R. R 1178 Springfield & Decatur R. R 1285 Springfield & 111. Southeastern R. R 1179-1180 Springfield & Illinois Southeastern, Gilman, Clinton & Springfield and Springfield & Northwestern Railroads.. 1181 Springfield & 111. Southeastern and Springfield and St. Louis Railroads 1201 INDEX TO ORDINANCES. 875 Section Chicago, Peoria & St. Louis Railway Company, right of way over certain streets 1211 Illinois Central R. R 1216 Illinois Central R. R 1220-1224 St. Louis & Chicago R. R 1265 Ohio & Mississippi R. R 1240-1248,1253 St. Louis, Alton & Springfield R. R. 1273 (See also Street Railroads.) Rates of Fare — Carrying passengers, regulated 883 Goods and merchandise * 893 Religious Assemblies — Penalty for disturbing 637 Disturbing on Sunday 683 Reports — Of . committees of council 14,15 Reports of comptroller 46, 47 Treasurer 58, 59 Finance committee to examine 71 Of city engineer 84 Of superintendent of streets 96 Of city attorney 154 Of superintendent of police 165, 420, 468 Of magistrates and justices 207 Of iprison keeper 218 Of fire marshal 238 Of city weigher 350 Of inspector of weights and measures 361 Of city clerk 374,471,591 Of insurance companies' agents 549 Reval Street Changed to Pasfield Street 1482% Revised Ordinances — To be deposited with clerk 739 Riotous Conduct — Penalty for riotous conduct 639 S Saloon District — Boundaries 618 Location to be approved by mayor 619 License, outside 619 Petition against saloon 620 Council to act 621 Fee for application 622 Saloons — (See Liquor Sellers.) Sanitary Inspector — To be provided with apparatus and supplies 273 To collect samples of milk and cream 274 May enter places where milk is stored 274 For Index to Laws see page 303. INDEX TO ORDINANCES. 876 Section Samples to be analyzed and tested 275,276 Milk must meet requirements, penalty 275 To inspect cans, vessels, etc 277 Milk preservatives, sale to be reported 286 Cows to be tested for tuberculosis 287 Owners of cows to file certificate 287 Unlawful to sell milk without certificate 288 Penalty 286 Mayor to appoint 299 Supervisor of -tplumbing 299 Bond, salary, etc 300- To examine plans for plumbing 301 Imperfect work, to report to board of health 301 To approve plans for plumbing 302 Certificates of registration of plumbers 308 To supervise certificates 303 To make inspection of plumbing 304 Fees for inspection deposited with 304 Drain laying permits 305 Drain laying defined 306 To test pipes and plumbing 318 Bight to enter premises 328 Scaffolds 705 Sea les — License fee for (See also City Weigher) (15) 549 Freitag’s scales in alley, permit to erect 1506 Scavengei — Business of regulated 1006-1012 Scuttles — When owner of building to provide 493 Seal — (See Corporate Seal) 977-978 Second Hand and Junk Store Keepers — License for (21), (22) 549 Business of regulated 1013-1021 Secretary of police department, sergeant to act as 173 Service Boxes — Of gas companies, penalty for injury to 679 Sewers and Drains — How to be constructed 777 Openings and inlets to 781 Laid in center of street 782 Private property, how to toe drained, lateral sewers regu- lated 783 Engineer to keep maps of 784 Connections not to be made without consent 785 Not to be used for carrying off steam 786 Throwing garbage or offal into, penalty for 787 Obstructing or injuring, penalty for 788 Natural drain not to be filled or changed 789 Engineer to make surveys of natural drain 790 How sewers outside city may be connected 791 Sheds — Inside of fire limits, construction of regulated 479 INDEX TO ORDINANCES. 877 Show Bills — Section Posting - on buildings without consent, penalty 676 Sidewalks — Width regulated 802 Area on unpaved streets 802 How grade of established 804 Where no grade established, penalty for laying 805 To be of stone or brick or concrete 806 Superintendent of streets to supervise, curbing, etc 807 Railing off or lowering, entrance to cellar, etc 808 To be built to established width, glass, etc., in 800 Construction of vaults or coal holes under 81ft Out of repair, when a nuisance 811 Owner of lot to repair, liable for damages, etc 812 Construction of steps, stairways, cellar doors, etc., regulated 812 Entrances to cellars to' have iron doors 814 Goods and merchandise extending more than three feet on. . 815 Not to be obstructed in receiving or delivering goods 816 Fish, fruit and vegetables to be on benches 817 Leaving team so as to obstruct 818 Water from roof not to spread over 812 itings for hitching placed in curbing 820 Riding or driving over, penalty 821 Bicycles prohibited 822 Snow to be removed, when deemed a nuisance 822 Spitting on, prohibited 822% Relating to curb-stones of 824-826 Signs — Removing or injuring, penalty for 674 Projecting more than 3 feet over sidewalk 1022 Constructing and placing of, regulated 1028 Erection of barber poles, regulated. 1024 Slaughter Houses — (See Packing Houses) 700,702 Small-Pox : 265-268 Soap Factories — Provisions in regard to. .» 701 Ordinance in relation to Zwickey Bros *. . . . 1552 Special Assessments — At sale for, comptroller may bid 44 Provisions in regard to 60-68 Contracts to be paid for, by, proviso 100 Special Bail — How taken, etc.... 202-208 Springfield & Decatur R. R. — Permit to lay track across Eleventh street 1285 Springfield & Illinois Southeastern R. R. — Right of way in certain streets .. 1179 Right of way on Madison street, etc 1181 Permission to use depot on Madison street 1197 For Index to Laws see page 303. y 678 INDEX TO ORDINANCES. Section Springfield & Illinois Southeastern and Springfield and St. Louis R. R. — Right of way on part of E. Grand avenue 1201 Springfield City Railway Company 1291, 1314, 1326, 1337, 1439, 1443 Springfield Consolidated Railway Company 1454,1458,1470,1481 Springfield Gas Light Company 1132 Springfield Hot Water Heating Company — Use of streets for laying pipes 1122 Springfield Iron Company — Right to construct switch, etc 1289 Springfield Steam Supply & Electric Light Company — Use of streets for laying pipes, wires, etc 1076 Stables — Use of lights in regulated 506 Livery stable, when a nuisance 698 Star — To be worn by police 190 To be delivered to superintendent of police at end of term. . 192 Steam Service — (See Plumbing.) Steam Works in Fire Limits 501-503 Stock Yards — (See Nuisances.) Stones — Throwing of in public places forbidden 640 Not to be thrown in street 675 Stoves and Stove Pipes — Setting and use of regulated 495 Straw — Stacking of regulated 514 To be hauled on racks 852 Streets and Alleys — Engineer’s duty in relation to 79, 80 Surplus earth from, not to be disposed of 110 Prisoners may be worked on 225 Making fire on paved street, penalty 507 Speed of driving on regulated 662 Meeting of persons riding or driving regulated 664 Removal of corner stone or stake, penalty 682 Stopping of street cars regulated 774 Constructing sewers in 782 Gas and water pipes in 793 Excavations in, regulated 827, 828 Contractor to protect with light, etc., at night 829 Red light to be placed on 830 Removing earth from, penalty for 831 Buildings, bridges, etc., not to extend over 832 Buildings, etc., to be erected on proper line 833 Contractors not to obstruct without permit 834 Persons building on, to give bond, etc 835 INDEX TO ORDINANCES. 879 Section Market, name changed to Capitol avenue 1481 Third, part vacated 1483 Reval, name changed to Pasfield 1482% New (or rear) Market, part east end vacated 1484 High and Wright, names changed to Douglas 1491 Taylor, part vacated 1493 Division and Eleventh, part vacated 1494 Grimsley avenue 1501 Mason, exchange of property for extension 1510 Mason, extension 1510 Miller, widening and extending 1513 Mason alley, widening and extending 1519 Fourth, widening 1525 Eleventh, opening, widening and extending 1531 Madison, A. L. Ide & Sons, permit to connect shops across. . . 1541 Cedar, opening, widening and extending 1552 (See Vacation of Streets and Alleys.) Buildings encroaching on not to be rebuilt or repaired 836 Penalty for neglect to remove such building, etc 837 No building to be moved through street, etc., without permit S38 Placing obstructions on, penalty 839,840 Driving cattle or hogs on paved streets forbidden 841 Width of tires on vehicles regulated 842 Leaving teams before private houses on 843 Unhitching and leaving on paved streets unlawful 844 Obstructing crossings 845 When obstructed, police to clear 846 Owners of adjacent lots to keep alleys clean 847 Cellars, vaults, etc., not to be left open, liability 848 Obstructed by goods, ashes, etc 849,850 Throwing paper in street, forbidden 851 Hauling straw regulated 852 Hauling garbage, etc., through, penalty for scattering on. . 853 Streets — Not to open without permit 854 Application to city engineer 854 Fee for permit to open 855 Old material to be preserved 856 City engineer to supervise opening 857 City engineer to report, etc 859 Penalty for violating 853 Automobiles and bicycles regulated 860 Names to be placed on lamps 865 Vehicles not to stop on, except at public stand 899 Barbed wire fences on, prohibited 997,998 Telegraph and other poles, how set in 1026,1027 Planting trees on 1037 Market street changed to Capitol Avenue •. 1481 Wright and High streets changed to Douglas Avenue 1491 Permit to bridge alley between 4th and 5th streets, near Madison 1503 Street Lights — Breaking or defacing lamps or posts, etc 677 Climbing upon or fastening horses to, etc 678 City council to order erection and location of 864 For Index to Laws see page 303. 880 INDEX TO ORDINANCES. Section To be inspected and names of streets (placed on 865 When to be lighted, to be kept clean, etc... 866 Duty of mayor and committee, contractors’ liability 867 Annual appropriation for 868 Removing without authority 869 Lighting, extinguishing, etc 870 Postoffice boxes may be attached, etc., breaking, defacing. . 871 Contractor to have copy of this chapter 872 Automobiles and bicycles to have lights 860 Head lights on street cars 862 Street Parades 670-672 Street Railways — Springfield City Railway Company 1291, 1314, 1316, 1326, 1337, 1439, 1443 Springfield Horse Railway Company 1298 Capital Horse Railway... 1307 Citizens’ Street Railway 1348,1367,1372,1384,1389,1395 Peoples’ Electric Gas Motor and Horse Railway 1405 Peoples’ Electric Railway Company, relinquishment of part of right of way 1417 Peoples’ Electric Railway Company, removal of switch.... 1418 Peoples’ Electric Railway Company 1420 Peoples’ Electric Railway Company 1432 Relating to any and all street railroads 1436 Springfield City Railway 1139,1143 Springfield Consolidated Railway 1154, 1158, 1170, 1481 Sunday — Provisions referring to 683-688 Supplies for City — How furnished 873-877 Superintendent of Police — A member of police department 158 Term of office 159 How and when appointed 160 Oath and bond 161 Subordinate to mayor, to control department 162 Shall devote entire time to duties of his office 163 To take notice of nuisances and defective streets, etc 164 To report and suspend members pending investigation 165 To attend council meetings, execute orders, etc 166 To cause records of department to be kept 167 To make monthly reports to council 168 Custodian of records and property, surrender of same 169 To wear uniform 190 Patrolmen to deliver star and badge to him when retiring. . 192 To make arrests at fires 248 To be a member of health department 252 To execute orders of same 258 To take up and impound animals 399 May appoint deputy, assistant, etc 401 To provide food, etc., for animals in pound 402 To give notice and Sell animals 409-411 To keep record of animals sold, report, etc 412 To pay surplus of sale to owner, when 413 INDEX TO OKD1NANCES. 881 Section Penalty for resisting- superintendent taking up animals, breaking in pound, etc 414 To receive dog tax, impound, destroy, etc 417-419 To report to council tax collected and dogs destroyed 420 Fees of superintendent, report of fees semi-annually 465-468 To remove buildings in fire limits when ordered 483 To serve notice to erect fire escapes 499 To have buildings removed when a nuisance 704 To have buildings removed encroaching on streets 837 To remove dangerous awnings, etc 961 Superintendent of Streets — To be a member of department of public works 72 Appointed by the mayor 86 Bond and oath 8T To have charge of street improvement, cleaning, repairing, etc 88 To enforce ordinances relating to streets and alleys 89 To examine sewers, culverts, bridges, etc., and report 90 To employ labor, teams, etc., supervise sewers, etc 91 Eight hours to be a day’s work 92 To procure implements, etc., have same marked 93 To keep list of tools, etc., and deliver to successor 94 To keep accounts, examine contractors’ accounts, etc 95 To make report of expenditures monthly by wards 96 To construct culverts, crosswalks, bridges, etc 97,98 To compel male offenders to labor on streets 225,226 Persons refusing to labor recommitted, may attach ball and chain 227 To report labor of prisoners to council 229 To serve notice on railroad company to raise or lower tracks, build crossings, etc 750,751 To notify railroad companies to station flagmen 753 To superintend construction of sidewalks 807 To superintend construction of vaults and coal holes, etc.. 810 To notify owner to repair defective walks 811 To abate nuisance of defective sidewalk 812 May give permission to make excavation in streets 827 To notify owners of buildings encroaching on street 837 To notify parties to remove obstructions from streets, etc. . 849 May designate dumping grounds for scavengers 1009 To cut down trees improperly planted on street 1037 To notify owner of trees to have them trimmed 1040 Switches and Side-tracks 1436 Tallow Chandlery — Unlawful within one mile of city limits 701 Not to be on river, near water works 913 Tanneries — Prohibited 701 Not to be on river, near water works 913. Tai — Boiling of, regulated 51L For Index to Laws see page 303. ■882 INDEX TO ORDINANCES. Telegraphs and Telephones— Section Setting of poles, height and construction of wires 1025 Inspection of wires and poles 1033 Central Union Telephone Co 1561 Fire and burglar alarm, A. Schuchman et al 1567 Postal Telegraph Co 1572 Police, Fire Alarm and District Messenger Service 1577 Telephone system — John McCreery et al 1582 American Telephone and Telegraph Co 1592 Telephone and telegraph system — Thos. W. Wilson et al. . 1599 Illinois District Telegraph Co 1606 H. H. Evans et al., system of telephones 1611 Theatres, etc . 556-562 Territory Disconnected from City 1559 Town Branch — Fixing channel through Bullock’s addition 1622 T rees — Injuring or removing penalty 674 Planting, trimming, etc., to be done under supervision of superintendent of streets 1037-1042 Companies cutting or injuring 1041 Penalty 1042 U Unlawful Assembly 635 Unwholesome Provisions 269 V / Vacation of Streets and Alleys — Third, part in Allen’s addition . 1483 New (or rear) Market, part east end 1484 Cass and Kansas, in Barret’s addition 1485 Taylor, part 1493 Division and Eleventh, parts 1494 Grimsley avenue 1501 Alley in Charles Ridgely’s addition 1489 Alley, vacating and changing, in block 11, Allen’s addition. . 1496 Alley, part in James Brown’s addition 1498 Alley rear South Second street 1500 Alley in block 1, Ninian Edwards’ addition 1536 Alley in block 1, Ninian Edwards’ addition, dedication.... 1539 Alley in block 1, A. M. Bradford’s addition 1543 Alley in block 18, original town plat 1545 Alley, from Adams’ College addition to Division street, open- ing, etc 1547 Vagrants 689 Vaults and Coal Holes Under Sidewalks 809 Vegetables — Decayed or unwholesome, penalty for selling 270 Vehicles — License fee fixed (11) 549 Collisions of 662 INDEX TO ORDINANCES. 883 Section Turn to right when meeting 664 To have designated stands at depots 888 Penalty for violation 889 Driver to use only regular or public stands for vehicle 681 Being or standing on sidewalks, penalty 821 Width of tires 842 Not to be left before dwellings without consent 843 Not to be left on paved streets, proviso 844 Obstructing crossings 845 Carrying passengers without license 878 Rates of fare allowed, must be posted in vehicle 883,884 Drivers to remain with vehicle 885 Driver refusing to carry any one 886 Baggage left in vehicle 887 Omnibuses at depots, stands 888,889 Transporting goods without license 890 License to be obtained and number placed on vehicle 891,892 Rates for carrying goods 893 Driver charging more than allowed by ordinance, penalty. ... 896 Location of public stands, superintendent of police to desig- nate 897,893 Standing elsewhere than designated, penalty 899 Regulations at depots described 900 Powers of police over 901 (See also Hacks, Drays, Carts and Wagons.) Vote of Council — On contract without advertising, two-thirds vote required. . 100- On contested election of alderman 453 On connecting with sewers outside city, two-thirds vote re- quired 791 W Wabash, St. Louis & Pacific Railroad — Ordinance concerning vacation of parts of certain streets. . 1485 Wards and Boundaries — City divided into seven wards 1043 Boundaries of wards defined 1044-1050 Warrants — Not to be drawn unless claimant makes oath,. etc 37 Register of to be kept 52 When lost or destroyed 53 For special assessments 63,64,67 Police may serve, on whom 181 Waste Paper Deposits — On street corners 1624 Water- Stagnant, nuisance, how abated 695 Falling from roof and spreading over sidewalk, penalty. . . . 819 Water Works — Council to have control, etc 902 Council to fix water rates 902 For Index to Laws see page 303. 884 INDEX TO ORDINANCES. Section Superintendent of, how appointed, bond 904 Collector for, how appointed, duties, bond, etc 905 Delinquent rates, a lien on property 906 County treasurer to sell property of delinquents 907 Water not to be used without permit, city may shut off water 908 Duties and powers of council 909 Water commissioners to turn over property to the city. . . . 910 Present superintendent and secretary to serve until, etc. . . . 911 Repealing clause 912 Pollution of Sangamon river 913 Bathing or swimming near pumping works 914 Trespassing on or injuring reservoir or grounds : 15 Use of water regulated 916 Taking water from public hydrant, p’enalty 917 Unpaid bills for, water shut off 918 Use of water for cistern regulated 919,920 Plumber may have permit, must make full returns, etc 921,922 Connections not to be made without authority 923 Regulations for control of plumbers 924-934 Schedule of water rates 935 Water free to new factories 936 Rules governing use of water, penalty, etc 937,938 Rules regulating plumbers and plumbing work, etc., pen- alty 939,940 License issued to plumbers, bonds of, conditions, etc 941,942 Weeds — (See Nuisances.) Weights and Measures 355-365 Witnesses — Police officers to attend as, not entitled to fees for attend- ance 205 Depositions in contested elections 451 When charges against officer, how summoned 727,728 Working Prisoners on . Streets 225-229 Y Yards— Placing hydrants in regulated 929 Yeas and Nays — In deciding contested election of aldermen 453 On removal of officer by mayor 725 1 ',4 /* . *r * • A I 3 0112 0721 i . 'i -i' »•. ,x., »>« inn-TV ’r'Efe pi .• iV.'i'sV 4' .' i‘ ■ ■ ' ■ £|1SI1§ uCt -uttlttr! ; * . ' -fU-