m ■4 f _• *'? » j T J < > j 3 j jf < : :.»• ;4i' : 352.0773 M75o 1900 ■Mnnpmmi ' It hbfjJthiSJi Mfflmmk Si? ; -Z- '•./1 : Jti*.: -t -5 T t 4* 4 4 4 '> * -• v illl sill :: W < •.«• jc-J ; i J -l-t trJ i lH8lPu<9»PPi 45 fifl atj ilf 1 *-? i5 T»^? *5 * ffi 3 J : 3 •* -)•. -1 •* Vs I) H II ill ill] \¥t li M3|l msi y y ^ J. J ISSiS Tf3 -y&T- t LIBRARY OF THE UNIVERSITY OF ILLINOIS AT URBANA-CHAMPAIGN IN MEMORY OF STEWART S. HOWE JOURNALISM CLASS OF 1928 STEWART S. HOWE FOUNDATION 352.0773 M75o 1900 I.H.S . \ * t THE » MUNICIPAL CODE OF MONMOUTH, COMPRISING THE LAWS OF ILLINOIS RELATING TO THE CITY OF MONMOUTH AND THE ORDINANCES OF THE CITY COUNCIL, CODIFIED AND REVISED AND PUBLISHED BY AUTHORITY OF THE CITY COUNCIL. 23 MONMOUTH, ILL.: REVIEW PRINTING COMPANY 1900. Published November 22, 1900. \v>m t > u'■ e-.r, <>>• ran e to be arrested, with or without pr -ve-s. Ml pers ins who Mi all break the p ace. or be found violating any ordin in*** f the city or village, or- any criminal law of the stuc. r , n:m t f- r - x.iinitia¬ tion and, if necessary, detain such persons iu custody over night or Sunday in the watch-house, or any other safe place, or until they can be brought before the proper magistrate, and shall have and exercise such other powers as conservators of the peace as the city council or board of trustees may prescribe. All warrants for the violation of ordinances, and all criminal warrants to whomsoever directed, may be served and executed within the corporate limits of any such city or village by any policeman of such city or village; such policeman being hereby clothed with all the common law and statutory power of con¬ stables for such purposes (In force July 1. 1883.) 84. Compensation of Mayor. § 13. The mayor of any 42 STATUTES RELATING TO THE MUNICIPAL city shall receive such compensation as the city council may by ordinance direct, but his compensation shall not be changed during his term of office. 85. Compensation of Aldermen and Trustees. § 14. The aldermen and trustees may receive such compensation for their services as shall be fixed by the ordinances: Provided, however, that in cities of less than 350,000 inhabitants such compensation 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 fif¬ teen hundred dollars per annum for each alderman, and in vil¬ lages the compensation to trustees shall not exceed the sum of one dollar and fifty cents for each meeting of the board of trustees actually attended by such trustees. No other salary or compen¬ sation shall be allowed any alderman or trustf e: Provided, fur¬ ther, 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 meet¬ ing in each week. (In force May 26, 1897.) * 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. 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 affit mations upon all lawful occasions. ARTICLE VII. FINANCE. 88. Fiscal Year. Section 1. The fiscal year of each city or village organized under this act, shall commence at the date established by law for the annual election of municipal officers therein, or at such other times as may be fixed by ordinance. 89. Annual Appropriation Ordinance. § 2. The city council of cities, and board of trustees in villages, shall, within the first quarter of each fiscal year, pass an ordinance, to be termed the annual appropriation bill, in which such corporate GOVERNMENT OF THE CITY OF MONMOUTH. 43 authorities may appropriate such sum or sums of money as may be deemed necessary to defray all necessary expenses and lia¬ bilities of such corporation; and in such ordinance shall specify the objects and purposes for which such appropriations are made, aud the amount appropriated for each object or purpose. No further appropriations shall be made at any other time within such fiscal year, unless the proposition to make each appropriation has been first sanctioned by a majority of the legal voters of such city or village, either by a petition signed by them, or at a general or special election duly called therefor, 90. Limitation—Emergency—Borrowing Money. § 3. Neither the city council nor the board of trustees, nor any department or officer of the corporation, shall add to the cor¬ poration 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, however, that nothing herein con¬ tained shall prevent the city council or board of trustees from ordering, 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 board of trustees and finance committee to borrow a suffi¬ cient amount to provide for the expense necessary to be incurred in making any improvements, the necessity of which has arisen as is last above mentioned, for a space of time not exceeding the close of the next fiscal year—which sum, and the interest, shall be added to the amount authorized to be raised in the next general tax levy, and embraced therein. Should any judgment be obtained against the corporation, the mayor, or president of the board of trustees and finance committee, under the sancl ion of the city council or board of trustees, may borrow a sufficient amount to pay the same, for a space of time not exceeding the close of the next fiscal year—which sum and interest shall, in like manner, be added to the amount authorized to be raised in the general tax levy of the next year, and embraced therein. 91. Contracting Liabilities Limited, g 4. No contract shall be hereafter made by the city council or board of trustees, or any committee or member thereof; and no expense shall be incurred by any of the officers or departments of the corpora¬ tion, whether the object of the expenditure shall have been ordered by the city council or board of trustees or not, unless 44 STATUTES RELATING TO THE MUNICIPAL an appropriation shall have been previously made concerning" such expense, except as herein otherwise expressly provided. 92. Duties of Treasurer. § 5. The treasurer shall re¬ ceive all moneys belonging to the corporation, and shall keep his books and accounts in such manner as may be prescribed by ordinance, and such books and accounts shall always be subject to the inspection of any member of the city council or board of trustees. 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. 95. Monthly Statements—Warrants—Vouchers—Reg¬ ister. § 8. The treasurer shah, 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 otlicer as may be designated, by ordinance (under oath), showing the state of the treasury at the date of such account, and the balance of money in the treasury. He shall also accompany such accounts with a state¬ ment of all moneys received into the treasury, and on what account, together with all warrants redeemed and paid by him;, which said warrants, with any and all vuu hers held by him, shall be delivered to the clerk, and filed with his said account in the clerk’s office, upon every day of such settlement. He shall return all warrants paid by him stamped or marked “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 treasurer may be required to keep all moneys in his hands, belonging to the corporation, in such place or places of deposit as may be designated by ordinance: Provided, however, no such ordinance shall be passed by which the custody of such money shall be taken from the treasurer and deposited else¬ where than in some regularly organized bank, nor without a bond to be taken from such bank, in such penal sura and with such security as the city council or board of trustees shall direct and approve, sufficient to save the corporation from any loss; but such penal sum shall not be less than the estimated receipts for the current year from taxes and special assessments levied.. GOVERNMENT OF THE CITY OF MONMOUTH. 45 or to be levied, by the corporation. The treasurer shall keep all moneys belonging to the corporation in his hands separate and distinct from his own moneys, and he is hereby exjDressly pro¬ hibited from using, either directly or indirectly, the corporation money or warrants in his custody and keeping, f r his own use and benefit, or that of any other person or persons whomsoever; and any violation of this provision shall subject him to immedi¬ ate removal from office by 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 the remainder of the term unexpired of such officer so removed. 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 treasury at the close of the fiscal year; which account the clerk .shall immediately caused to be published in a newspaper printed in such city, if there be one, and if not, then by post¬ ing the same in a public place in the clerk’s office. 98. Warrants. § 11. All warrants drawn upon the treasurer must be signed by the mayor and countersigned by the clerk, stating the particular fund or appropriation to which the same is chargeable, and the person to whom payable; and no money shall be otherwise paid than upon such warrants so drawn, except as hereinafter provided. 99. Special Assessment Funds Kept Separate, g 12. All moneys received on any special assessment shall be held by the treasurer as a special fund, to be applied to the payment of the improvement for which the assessment was made, and said money shall be used for no other purpose whatever, unless to 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 f-uch books and his accounts in such manner as the city council may prescribe. Such warrants, books, and all papers pertaining to his office, 46 STATUTES RELATING TO THE MUNICIPAL shall at all times be open to the inspection of and subject to the examination of the mayor, city clerk, any member of the coun¬ cil, or committee thereof. He shall weekly, and oftener, if required by the council, pay over to the treasurer all moneys- collected by him from any source whatever, taking such treas¬ urer’s receipt therefor, which receipt he shall immediately hie 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 hied. 101. He Shall Report, etc,—Publication. § 14. He shall make a report, in writing, to the council, or any officer desig¬ nated by the council, of all moneys collected by him, the account whereon collected, or of any other matter in connection with his office, when required by the council or by any ordinance of the city. He shall also, annually, between the first and tenth of April, hie with the clerk a statement of all the moneys collected by him during the year, the particular u arrant, special assess¬ ment or account on which collected, the baffince of moneys uncollected on all warrants in his hands and the balance re¬ maining uncollected at the time of the return on all warrants which he shall have returned, during the preceding hscal year, to the city clerk. The city clerk shall publish or post the same,as hereinbefore required to be done in regard to the annual report of the treasurer. 102. Not to Detain Money—Penalty. § 15. The collector is hereby expressly prohibited from keeping the moneys of the city in his hands, or in the hands of any person or corporation, to his use, beyond the time which may be prescribed for the payment of the same to the treasurer and any violation of this provision wil subject him to immediate removal from office. 1C 3 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 associa¬ tions. to the treasurer, taking h s receipt therefor in duplicate, one of w T hich receipts he shall at once file in the office of the clerk. 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 officers of the corporation charged in any manner with the GOVERNMENT OF THE CITY OF MONMOUTH. 47 receipt, col’ection 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 council or board of trustees a report of his estimates, as nearly as may be, of moneys necessary to defray the expenses of the corporation during the current fiscal year. He shall, in said report, class the different objects and branches of expenditures, giving, as nearly as may be, the amount required for each; and for the purpose of making such a report, he is authorized to require of all officers their statement of the condition and 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 fiscal year, from all sources, the amount of liabilities outstanding upon which interest is to be paid, the bonds and debts payable during the year, when due and when payable; and in such report he shall give such other information to the council or board of trustees as he may deem necessary, to the end that the city council or board of trustees may fully understand the money exigencies and demands upon the corporation for the current year. 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 relating to the duties of city clerk, or the powers of city clerk in connection with the finances, the treasurer and collector, or the receipt and disbursements of the moneys of such city, shall be exercised and performed by such comptroller, if one there shall be appointed; and to that end and purpose, wherever in this act heretofore the word “clerk" is used, it shall beheld to mean “comptroller;” and wherever the “clerk's office” is referred to, it shall be held to mean “comptroller's office.” 106. Record of Bonds Issued by City. § 19. The comp¬ troller, when there shall be a comptroller, and if not, then the 48 STATUTES RELATING TO THE MUNICIPAL 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 numb r and amount of each, for and to whom the said bonds are issued; and when any city bonds are pur¬ chased, or paid, or cancelled, 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 col¬ lector and treasurer, and all other officers connected with the receipt and expenditure of money, shall perform such other duties, and be subject to such other rules and regulations as the city council or board of trustees may, from time to time, by ordinance, provide and establish. 108. Appeal to Finance Committee. § 21. In the ad¬ justment 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 board of trustees shall otherwise direct and provide. 109. Who May Appoint Subordinates. § 22. The comptroller (if there shall be one), the clerk, treasurer and col¬ lector, shall, severally, appoint such various clerks and subor¬ dinates in their respective offices as the city council or board of trustees may authorize, and shall be held, severally, respon¬ sible for the fidelity of all persons so appointed by them. 110. Foreign Fire Insurance Companies to Pay Tax or License Fee—Penalty. § 1. That aU corporations, com¬ panies and associations not incorporated under the laws of this state, and which are engaged in any city, town or village organ¬ ized under any general or special law of this state in effecting fire insurance shall pay to the treasurer of the city, tow T n or village, for the maintenance, use and benefit of the fire depart¬ ment thereof, a sum not exceeding two per cent, of the gross receipts received by their agency in such city, town or village. 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 day of July shall have been received for any insurance effected or agreed to be effected in the city, town or village, by or with GOVERNMENT OF THE CITY OF MONMOUTH. 49 such corporation, companies or associations respectively. Every person who shall act in any city, town or village as agent, or otherwise for or on behalf of any such corporation, com¬ pany or association, shall, on or before the fifteenth day of July of each and every year, render to ihe city, town or village clerk, a full, true and just account, verified by his rath, of all the premiums which during the year ending on every first day of July 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 report the amounts received for fire insurance. Such agents shall also payto the treasurer of any such city, town or village at the time of rendering the aforesaid report, the amount of rates fixed by the ordinances of the said cities, towns or villages for which the companies, corporations or associations represented by them are severally chargeable by virtue ( f this act, and the ordin¬ ances passed in pursuance hereof. If such account be not rendered on or before the day herein designated for that pur¬ pose, 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 requisitions 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. 110 a. 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 a* y sum not exceed¬ ing one thousand ($1,000) dollars or imprisoned in the c unty jail not exceeding six (6)Ynonths, either or both, in the discre¬ tion of the court. The amount of said tax or license fee may also be recovered of such 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. (In force July 31, 1895.) ARTICLE VIII. THE ASSESSMENT AND COLLECTION OF TAXES 111. Ordinance Levying Taxes—Limitation. § 1. The city council in cities and boards of trustees in villages, may levy and collect taxes for corporate purposes in the manner following: The city council, or board of trustees, as the case 50 STATUTES RELATING TO THE MUNICIPAL may be, shall, annually, on or before the third (3d) Tuesday in September, in each year, ascertain the total amount of appro¬ priations for all corporate purposes legally made and to be col¬ lected from the tax levy of that fiscal year; and, by an ordi¬ nance, specifying in detail the purposes for which such appropriations are made, and the sum or amount appropriated for each purpose respectively, levy the amount so ascertained upon all the property subject to taxation within the city or village, as the same is 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 valuation of all property subject to taxation within the city or village as the same is assessed and equalized for state and county purposes, will produce a net amount 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 vil¬ lage. 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 wdthin said city or village, under the seal of said city or village, to the county 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 wdiich, 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 situ¬ ate, such rate per cent , and it shall be the duty of such county clerk to whom such rate per cent, is certified to extend such tax in a separate column upon the book or books of the collec¬ tor 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 aggregate valu¬ ation of all property within such city or village subject to tax- GOVERNMENT OF THE CITY OF MONMOUTH. 51 ation therein, as the same was equalized for state and county taxes for the current year. And provided, further, ihat noth¬ ing 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 there¬ for, and to repeal a certain act therein named, approved Feb. 25, 1898,” (In force July 1, 1899.) 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. 114. When Tax Levied for Particular Purpose. § 4 Whenever any city or village is required to levy a tax for the pay¬ ment of any particular debt, appropriation or liability of the same, the tax for such purpose shall be included in the total amount assessed by the city council or board of trustees, and certified to the county clerk as aforesaid; but the city council or board of trustees shall determine, in the ordinance making such assessment, what proportion of such total amount shall be applicable to the payment of such particular debt, appropri¬ ation 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 dis¬ charged . 115. Uniformity. § 5. All taxes levied or assessed by any city or village, except special assessments for local im¬ provements, shall be uniform upon all taxable property and persons within the limits of the city, and no property shall be exempt therefrom other than such property as may be exempt from taxation under the constitution and general laws of the state. ARTICLE IX. SPECIAL ASSESSMETS FOR LOCAL IMPROVEMETS. 116. For law relating to same, see R. S. 1899, p. 362, Chap. 24. 52 STATUTES RELATING TO THE MUNICIPAL 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 by 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 authorize any person or private corporation to construct and maintain the same at such rates as may be fixed by ordinance, and for a period not exceeding thirty years; also to prevent the unnecessary waste of water; to prevent the pollution of the water, and injuries to such wells, pumps, cisterns, reservoirs or water works. 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 necessary lands or property therefor, in the manner provided for the tak¬ ing or injuring private property for public uses; and the juris¬ diction of the city or village to prevent or punish any pollution or injury to the stream or source of water, or to such water wrnrks, shall extend five miles beyond its corporate limits, or so far as such water works may extend. 171. Regulations—Rates, Taxation, etc. § 8 . The city council or board of trustees shall have power to make all need¬ ful 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, comple¬ tion, 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 neces¬ sary and expedient; and such water taxes, rents, rates or assessments may be levied or assessed upon any lot or parcel of ground, having a building or buildings thereon, which shall abut or join any street, avenue or alley in such city or village through which the distributing pipes of such water works (if any) of said city or village are or may be laid, which can be conveniently supplied with water from said pipes; Provided, [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 buildings, situated thereon, and such lien or charge may be col¬ lected or enforced in such manner as the city council may, by GOVERNMENT OF THE CITY OF MONMOUTH. sa ordinance, prescribe. And the corporate authorities may levy a general tax for the construction and maintenance of such water works, and appropriate money therefor. 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, ex¬ pended, 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 power to provide, by ordinance, that any map, plat, or subdivision of any block, lot, sub-lot, or part thereof, or of any piece or parcel of land, shall be submitted to the city council or board of trustees, or to some officer to be designated by such council or board of trustees, for their or his approval; and in such cases no such map, plat or subdivision shall be entitled to record in the proper county, or have any val¬ idity until it shall have been so approved. 174. Inhabitants Competent as Jurors, etc. § 6. No person shall be an incompetent judge, justice, or juror, by reason of his being an inhabitant or freeholder in said City or village, in any action or proceeding in which said city or village may be a party in interest. 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 determined by reference to the latest census taken by authority of the United States or this state, or of such city or village; and it shall be the duty of the secretary of state, upon the publication of any state or United States census, to certify to 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. 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. 54 STATUTES RELATING TO THE MUNICIPAL When in any suit the city or village prays an appeal from the judgment of any court of this state to a higher court, it shall not be required to furnish an appeal bond. ARTICLE XI. t THE ORGANIZING OF VILLAGES. * 193. No incorporation allowed under former laws. (See Sec. 193 R. S. 1899, p. 290.) 193 a. Changing from city to village. (See Sec. 193 a R. S. 1899, p. 290.) GOVERNMENT OF THE CITY OF MONMOUTH. 00 MISCELLANEOUS STATUTES. BONDS. 194. 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, I 860 , and to amend the title thereof.” (See Sec. 1 , et seq, Ch. 113, R. S. 1899, p. 1301.) 194 a. An Act to enable counties, cities, townships, school districts, and other municipal corporations, to take up and can¬ cel outstanding bonds and other evidences of indebtedness, and fund the same. [Approved and in force March 26, 1872.] (See Sec. 27 et seq, Ch. 113, R. S. 1899, p. 1309.) 195. Aliens, none but natives and naturalized American citizens and those who in good faith have declared their inten¬ tion to become naturalized American citizens to be employed. (See Sec. 10 et seq, Chap. 6 , R. S. 1899, p. 141.) 195 a. Art Commission, when may be created. (See Secs. 633 et seq. Chap. 24, R. S. 1899, p. 388.) OFFICIAL BONDS. Act of March 13, 1874. 196. When Additional or New Bonds May Be Required. § 1. That all official bonds required by law to be given by any public officer, or public employe, including executor, adminis¬ trator, guardian or conservator, in this state, shall be signed and sealed by any said officer, employe, executor, administra¬ tor, guardian or conservator and his securities, and acknowl¬ edged before some officer authorized by law to take acknowledg- ments of instruments under seal, which said acknowledgments shall be substantially in the following form: v N,# State of Illinois, ) [ ss. _County. ) 1_hereby certify that_who are each personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed, sealed and delivered said instrument as 56 STATUTES RELATING TO THE MUNICIPAL their free and voluntary act for the uses and purposes therein set forth. Given under my hand and_seal this_day of.A. D_ Which acknowledgment shall be deemed and taken as prima facie evidence that the instrument was signed, sealed and acknowledged in the manner therein set forth, and such ac¬ knowledgments shall have the same force and effect as evidence in all legal proceedings, as that given to acknowledgments of deeds of conveyance of real estate. That all public officers or employes who are compelled to give official bonds may be required by the court, officer, or board, whose duty it is to take or approve such bonds, to give additional surety or new bonds whenever the security of the original bond has become insuffi¬ cient by the subsequent insolvency, death or removal of the sureties or any of them, or when for any cause any such bond shall be deemed insufficient. Any officer or employe failing to give bond when required, pursuant to this section; within ten days after he is notified in writing of such request, shall be deemed to have vacated his office. * * * * * * * 197. Release of Sureties. § 10. When a surety upon the official bond of any state officer or agent, county, town, city, village, incorporated town, or other public officer, or the heir, executor or administrator of such surety, desires to be released from such bond, he may give notice in writing to the officer upon whose bond he is surety that he desires to be released, and that such officer give a new bond with sufficient sureties within ten days after receiving such notice, and may within five days after the service of such notice deliver a copy of the same, with an affidavit showing the time and manner of service to the court, officer, or board authorized to approve the bonds of such officers. And if such officer shall not within ten days after receiving such notice, or within such further time, not exceeding twenty days, as the court, officer or board shall allow, give a new bond with sufficient security, approved as required by law, his office shall become vacant, and the vacancy shall be filled as provided by law. 198. Effect of New Bond. §11. If a new bond shall be given by any officer, as provided in the foregoing sections of this act, then the former sureties shall be entirely released and discharged from all liabilities incurred by any such officer in consequence of business which may have come to hand from and after the time of the approval of the said new bond, and the sureties to the new bond are hereby declared to be liable for all the official delinquencies of said officer, whether of omission or GOVERNMENT OF THE CITY OF MONMOUTH. 57 commission, which may occur after the approval of the new bond as aforesaid; but the provisions of this act shall not be so- construed as to operate as a release of the sureties of any of the aforesaid officers, for liabilities incurred previous to the filing of a new bond, as required in the foregoing sections of this act. 199. When Effects to be Delivered to Sureties. § 12. It shall be the duty of such officer, if he shall fail to give bond as provided for in this act, forthwith to deliver over to his sureties all books, moneys, vouchers, papers, and every description of property whatever pertaining to his office, and the said sureties may, at any time after said failure to file said bond, maintain an action of replevin, or other appropriate action, to recover such property, money or effects from their said principal. 200. Suit on Bond—Executors, etc. § 13. Whenever the condition of the bond of any public officer shall be violated, suit may be instituted on such bond, and prosecuted to final judgment against such officer, and any or all of the sureties, or against one or more of them, jointly and severally, without first establishing the liability of the principal by obtaining judgment against him alone. The provisions of this section shall extend to the official bonds of executors, administrators, guardians and conservators, and in suits thereon it shall not be necessary to a recovery that a devastavit should have previously been estab¬ lished against the principal. 201. Execution—Lien. § 14. Execution may issue on any judgment so rendered as in ordinary cases, but the officer executing the same shall not levy upon the property of the sureties until he shall fail to find sufficient property of the prin¬ cipal to satisfy such execution: Provided, however, the judg¬ ment and execution shall be a lien upon the property of the sureties as in ordinary cases. CEMETERIES. Act of April 24, 1873. 202. When Cemetery May Be Removed—Expense. § 1. 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 removed to some other suit¬ able place: Provided, said corporate authorities shall have first obtained the assent of the trustees or other persons having the control or ownership of said cemetery, or a majority thereof: 58 STATUTES RELATING TO THE MUNICIPAL And, provided further, that when such cemetery is owned by one or more private parties, or private corporation or chartered society, the corporate authorities of such town or city may require the removal of such cemetery to be done at the expense of such private parties, or private corporation or chartered society, if such removal be based upon their application. Act of June 14, 1883. 203. Power of City or Village to Establish—Acquire Lands. § 1. That any city, village, or township in this state, may establish or maintain cemeteries, within and without its corporate limits, and acquire lands therefor, by condem¬ nation, or otherwise, and may lay out lots of convenient size for families; and may sell lots for family burying grounds, or to individuals for burial purposes. COLLECTORS, SETTLEMENT WITH. R. S. Chap. 120. 204. How to Pay Over Taxes Collected. § 138. The warrant shall direct the town or district collector, after deduct¬ ing the compensation to which he may be legally entitled, to pay over to the proper officers the amount of tax collected for the support of highways and bridges, and to the supervisor of the town the moneys which shall have been collected therein, to defray town expenses; to the proper school officer, the dis¬ trict school tax; to the city or incorporated town or village treasurer, or other proper officer, the taxes or special assess¬ ments collected by him for such city or incoporated town or village, or others, as often and at such times as may be demanded by the proper officer; and to the county collector, the county tax and the taxes payable to the state treasury col¬ lected by him. 205. Thirty Day Settlements with Cities, etc. § 1(34. 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 collected. 207. Final Settlement for Local Taxes Before Return. § 167. Each town and district collector shall make final settle¬ ment for the township, district, city, village, and town taxes, GOVERNMENT OF THE CITY OF MONMOUTH. 59 charged in the tax books, at or before the time fixed in this act for the paying over and making final settlement for state and county taxes collected by them. In such settlements, said col¬ lectors shall be entitled to credit for the amount of their com¬ missions on the amount collected, and for the amount uncol¬ lected on the tax books, as may be determined by the settlement with the county collector. 208. To Pay Cities, etc., Every Ten Days. § 244. The county collector shall report and pay over the amount of tax and special assessments, due to towns, districts, cities, villages, corporations and persons, collected by him on delinquent prop¬ erty, at least once in. every ten days, when demanded by the property authorities or persons. DRAM SHOPS. Act of March 30, 1874. 209. Dram Shop Defined. § 1. That a dram shop is a place where spirituous or vinous or malt liquors are retailed by less quantity than one gallon, and intoxicating liquors shall be deemed to include all such liquors within the meaning of this act. 210. Selling Liquor Without License, g 2. Whoever, not having a license to keep a dram shop, shall, by himself or another, either as principal, clerk or servant, directly or indi¬ rectly, sell any intoxicating liquor in any less quantity than one gallon, or in any quantity to be drank upon the premises, or in or upon any adjacent room, building, yard, premises or place of public resort, shall be fined not less than twenty dollars ($20) nor more than one hundred dollars ($100), or imprisoned in the county jail not less than ten nor more than thirty days, or both in the discretion of the court. (In force July 1, 1877,) 211. How License May be Granted, g 1. That here¬ after it shall not be lawful for the corporate authorities of any city, town or village in this state, to grant a license for the keep¬ ing 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 determined by the respective authorities of such city, town or village, not less than at the rate of five hun¬ dred ($500) per annum: Provided, that in all cases when a license for the sale of malt liquors only is granted, the city, town or village granting such license, may grant the same on the payment, in advance, of the sum of not less than at the rate of one hundred and fifty dollars ($150) per annum: And, pro- 60 STATUTES RELATING TO THE MUNICIPAL 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. 212. How License May be Granted by County Board. $ 2. The county boards of each county may grant licenses to keep so many dram shops in their county as they may think the public good requires, upon the application, by petition, of a ma¬ jority of the legal voters of the town, if the county is under township organization, and if not under township organization, then of a majority of the legal voters of the election precinct or district where the same is proposed to be located, and upon the payment into the county treasury of such sum as the board may require, not less than five hundred dollars ($500) per annum for each license; and upon compliance with the provisions of an act entitled ‘‘An act to provide for the licensing of, and against the evils arising from the sale of intoxicating liquors, ” approved March 3, 1874; in force July 1,1874: Provided, that in all cases where a license is granted for the sale of malt liquors only, such board may grant the same, upon the payment into the county treasury, of a sum not less than one hundred and fifty dollars ($150) per annum for each license: Provided further, such board shall not have power to issue any license to keep a dram shop in any incorporated city, town or village, or within two miles of the same, in which the corporate authorities have authority to license, regulate, restrain or prohibit the sale of liquors, or in any place where the sale of liquor is prohibited by law. 213. Form of License—Rights Under—May be Revoked. § 4. The license shall state the time for which it is granted, which shall not exceed one year, the place where the dram shop is to be kept, and shall not be transferable, nor shall the person licensed keep a dram shop at more than one place at the same time, and any license granted may be revoked by the county board whenever they shall be satisfied that the person licensed has violated any of the provisions of this act, or keeps a disor¬ derly or ill-governed house or place of resort for idle or dissolute persons, or allows any illegal gaming in his dram shop, or any house or place adjacent thereto. 214. 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, GOVERNMENT OF THE CITY OF MONMOUTH. 61 payable to the people of the state of Illinois, with at least two good and sufficient sureties, freeholders of the county in which the license is to be granted, to be approved by the officer who may be authorized to issue the license, conditioned that he will pay to all persons all damages that they may sustain, either in person or property, or means of support, by reason of the per¬ son so obtaining a license selling or giving away intoxicating liquors. The officer taking such bond may examine any person offered as security upon any such bond, under oath, and require him to subscribe and swear to his statement in regard to his pecuniary ability to become such security. Any bond taken pursuant to this section may be sued upon for the use of any person, or his legal representatives, who may be injured by reason of the selling or giving away any intoxicating liquor by the person so licensed, or by his agent or servant. EVIDENCE. Act of March 29, 1872. 215. 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. ******** 216. 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. ******** 217. Sworn Copies. § 18. Any such papers, entries, records and ordinances may be proved by copies examined and sworn to by credible witnesses. 218. Penalty. § 19. If any such officer, clerk, secretary, cashier, justice of the peace, or other person authorized to certify copies of any papers, entries, records or ordinances, shall knowingly make a false certificate, he shall be punishable in the same manner as if he were guilty of perjury. FEES. 219. Fees of Police Magistrate and Justices. See Sec. 62 STATUTES RELATING TO THE MUNICIPAL 40, Chap. 53, R. S. 1899, p. 888. Said section concluding as fol¬ lows: Provided, that the costs in criminal and quasi criminal prosecutions for the violation of an ordinance of an incorporated city or town, where the provisions of the charters of such towns or cities do not prohibit the payment of such costs, may be paid by such city or town, in the discretion of the city coun¬ cil or board of trustees of such incorporated cities or towns. (In force July 1, 1873.) 220. Fees of Town Collector. § 36. * * * Each town collector shall be allowed a commission of two per cent, on all monies collected by him to be paid out of the respective funds collected; * * * etc. Sec 36, Chap. 53, p 888R.S., 1899. 221. Fees of County Collector. § 21. County collectors shall be allowed a commission on all moneys collected by them and paid over to the proper officer, of three (3) per cent, in counties of the first class; of two (2) per cent, in counties of the second class; of one and one-half per cent, in counties of the third class, excepting on all moneys said county collectors collect for incorporated cities, villages and other municipalities in counties under township organization, upon which said county collector shall be allowed a commission of one (1) per cent, on all moneys collected by them for such cities and paid over by them to the proper officer; and excepting further, in counties having adopted township organization, county col¬ lectors, shall be allowed on moneys paid over to them by town¬ ship collectors, as commission on such moneys in counties of first class, only one and one-half (1J) percent; in counties of second class only one (1) per cent., and in counlies of third class, only three-fourths (£) of one per cent. In addition to the foregoing, said county collectors shall be allowed in settlement of state taxes with the auditor, ten cents per mile for each mile of necessary travel in going to and returning from the seat of government for the purpose of paying over such tax. They shall also be allowed for making lists of delinquent real estate, to be tiled with the county clerk for judgment, three (3) cents for each tract or lot; a like fee for making delinquent lists for the printer, and for selling lands and town lots ten (10) cents- for each tract and three (3) cents for each lot to be charged and collected as costs. -(In force July 1, 1877.) GAS PIPES, ETC. Act of June 5, 1897. 222. Conditions Upon Which Privileges to Lay Pipes or GOVERNMENT OF THE CITY OF MONMOUTH. 63 String Wires for Lighting Purposes in Streets May be Granted—Remedy of Property Owners. § 1. That the city council in cities, or the president and board of trustees in vil¬ lages 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, con¬ veyed or distributed in any street, alley or public ground in any such city, village or incorporated town, except upon the petition of th3 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 representing 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 per¬ son 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 any or either of such purposes, shall have the right by bill in chancery, in his or their own name, to enjoin auy person or cor¬ poration 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 conformity 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. HOUSES OF CORRECTION. 223. An act to establish houses of correction, and author¬ ize the confinement of convicted persons. therein. [Approved April 25, 1871.] (See R. S. 1899, page 955.) 224. An act to authorize cities to establish houses of cor¬ rection outside of the corporate limits and authorize the confine- STATUTES RELATING TO THE MUNICIPAL 64 ment of convicted persons therein. (In force July 1, 1897. See R. S. 1899, page 361.) HOUSES OF ILL-FAME. Act of March 27, 1874. 225. Licensing and Medical Inspection Forbidden. § 1. That it shall be unlawful for the corporate authorities of any city, town or village in this state to grant a license to any per¬ son, 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 employe of the same) now existing, or which may hereafter exist under the laws of this state, to interfere in the management of any house of ill fame or house of prostitution, or to provide in any man¬ ner for the medical inspection or examination of any inmate of the same. , . IMPRISONMENT FOR FINE. Cb. 79, R. S., 1899, p 1089. 226. No Imprisonment Without Conviction by a Jury Unless Jury Waived. § 12. No person shall be imprisoned for non-payment of a fine or a judgment in any civil, criminal, quasi criminal, or qui tarn action except upon conviction by a jury: Provided, that the defendant or defendants in any such action may waive a jury trial by executing a formal waiver in writing; and when such waiver of jury is made, imprisonment may follow the judgment of the court without conviction by the jury. This section shall not apply to fines inflicted for con¬ tempt of court. LIBRARIES. 227. An Act to Authorize Cities, Incorporated Towns and Townships to Establish and Maintain Free Public Libra¬ ries and Reading Rooms. (Approved and in force March 7, 1872.) See R. S. 1899, chap. 81, p 1096. LIEN FOR PUBLIC IMPROVEMENTS. R. S. 1899, ch. 82, p 1110. 228. Lien on the Money, Bond or Warrants Due Con- GOVERNMENT OF THE CITY OF MONMOUTH. 65 tractor. § 24. Any person who shall furnish material, appa¬ ratus, fixtures, machinery or labor to any contractor for a public improvement in this state, shall have a lien on the money, bonds or warrants due or to become due such contrac¬ tor for such improvement: Provided, such person shall, before any payment or delivery thereof is made to such con¬ tractor, notify the officials of this state, county, township, city or municipality whose duty it is to pay such contractor, of his claim by a written notice and the full particulars thereof. It shall be the duty of such officials so notified to withhold a suffi¬ cient amount to pay such claim until it is admitted, or by law established, and thereupon to pay the amount thereof to such person and such payment shall be a credit on the contract price to be paid to such contractor. Any officer violating the duty hereby imposed upon him shall be liable on his official bond to the person serving such notice for the damages resulting from such violation, which may be recovered in an action at law in any court of competent jurisdiction. There shall be no preference between the per¬ sons serving such notice, but all shall be paid pro rata in proportion to the amount due under their respective contracts. MARKETING PRODUCTS. Act January 13, 1872. 229. Farmer, etc., May Sell Products Without License. § 1. That every farmer, fruit and vine grower, and gardener shall have an undisputed rigt t to seT 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 con¬ trary notwithstanding: Provided, that the corporate authori¬ ties of any such city, town or village may prohibit the obstruc¬ tion of its streets, alleys and public places for any such purpose: And provided further, that nothing in this act shall be so construed as to authorize the sale of spirituous, vinous or malt liquors, contrary to laws which now or hereafter may be in force prohibiting the sale thereof. mayor’s bill. Act of April 10, 1875. 230. Power of Mayor and Council—Repeal. § 1. (Sec¬ tion 1 of this act is repealed by act approved May 28, 1879.) 66 STATUTES RELATING TO THE MUNICIPAL 231. Approval and Veto of Ordinances. § 2. All ordi¬ nances passed by the city council shall, before they take effect bedeposied in the office of the city clerk, and if the mayor approves thereof, he shall si^n the same, and such as he shall not approve he shall return to ihe council, with his objections thereto, in writing, at the next regular meeting of the council occuring not less than five days after the passage thereof. Such veto may extend to any one or more items or appropria¬ tions 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 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. 232. Passage Over Mayor’s Veto § 3. Upon the re¬ turn of any ordinance by the mayor, Ihe vote by which the same was passed shall be reconsidered by the council; and if, after such reconsideration, two-thirds of all 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 re¬ fuse to approve thereof. The vote to pass the same over the mayor's veto shall betaken by yeas and nays, and entered on the journal. 233. Emergency. § 4. Whereas, the legislative author¬ ities in many cities pass their appropriation bills before the first day of July next, and mayors have no power to veto a part of such appropriation or ordinance, wherefore an emergency exists; therefore, this act shall take effect and be in force from and after its passage. NAME—CHANGING OF. 234. An Act to Enable any City, Town or Village in This State to Change its Name. (In force July 1, 1872.) See R. S., 1899, p. 305. NON-RESIDENTS. 235. Non-residents not to Be Sheriff, Special Policeman, etc. § 1 . That it shall be unlawful for the sheriff of any county, or the corporate authorities of any city, town or village to authorize, empower, employ or permit any person to act as deputy sheriff, special constable or special policeman, for the GOVERNMENT OF THE CITY OF MONMOUTH. 67 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 policemen, one whole year before such authorization. 236. Penalty. § 2. Any sheriff or public officer violat¬ ing the provision of this act, shall be deemed guilty of a misde¬ meanor, and shall on conviction, be punished by a fine of not less than $100, and not more than $500. OFFICERS. R. S. Cb. 38, Div. 6, Sec. 2. 237. Duty of Officers, g 2. It shall be the duty of every sheriff, coroner, constable, and every marshal, police¬ man, 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 presence, forthwith to apprehend the offender and bring him before 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 warrants, writs, precepts, and other process to him lawfully directed. * * * * * * * * -x- 238. Aldermen of Cities—Trustees of Villages, g 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 village of this state, during the term of office for which he is elected, to accept or be appointed to or hold any office, by the appointment of the mayor or president of the board of trustees there of; and any and all such election or appointment shall be absolutely null and void. 239. Not to be Interested in Contracts—Not to Act as Attorney to Procure—Bribery, g 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 corpor¬ ation, in any contract, or the performance of any work in the making or letting of which such officer may be called upon to act or vote. And it shall not be lawful for any such officer to represent, either as agent or otherwise, any person, company or corporation, in respect of any application or bid for any 68 STATUTES RELATING TO THE MUNICIPAL contract or work in regard to which such officer may be called upon to vote. Nor shali 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 influenc¬ ing his vote or action in his official character; and any and all contracts made and procured in violation hereof, shall be null and void. 240. 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 .“hall violate any of the provisions of the preceding sections, shall be deemtd guilty of a misdemeanor, and on conviction thereof may be punished by confinement in the penitentiary for a term not less than one year nor more than five years or fined in a sum not less than 1200 nor more than $1,000, or both, in the discretion < f 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 con¬ victed shall, by the fact of such conviction, become vacant,and shall be so declared as part of the judgment of court; and the person or persons so convicted shall be disqualified from hold¬ ing any office or position of trust and confidence in this state for the period of tw T o years from and after the date of such conviction. 241. Officers—Misconduct of. Sec Chap. 38, Secs. 208 to 219, R. S. 1899, p. 604. OFFICERS—RESIGNATION AND VACANCIES. Act of April 3, 1872. 242. Of Elective Officers § 124. Resignations of elec¬ tive offices shall be made to the officer, court or county board authorized by law to fill a vacancy in such office by appointment, or to order an election to fill such vacancy. 243. When Office Becomes Vacant. § 125. Every elec¬ tive office shall become vacant on the happening of either of the following events, before the expiration of the term of such office: First. The death of the incumbent. Second. His resignation. Third. His becoming insane. Fourth. His ceasing to be an inhabitant of the state; or, GOVERNMENT OF THE CITY OF MONMOUTH. 69 if the office is local, his ceasing to be an inhabitant of the dis- trict, county, town or precinct for which he was elected. Fifth. His conviction of an infamous crime, or of any 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. 244. 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 occasioning such vacancy exists. OFFICERS—SALARIES OF. Act of April 23, 1873. 245. When to be Fixed—Not Changed During Terrm § 1 It shall and may be lawful for the common council or legislative authority of any city in this state to establish and fix the amount of salary to be paid any and all city officers, as the case may be, except members of such legislative body, in the annual appropriation bill or ordinance made for the purpose of providing for the annual expenses of any such city, or by some ordinance prior to the passage of such annual appropria¬ tion bill or ordinance; and the salaries or compensation thus fixed or established, shall neither be increased nor diminished by the said common council or legislative authority of any such city, after the passage of said annual appropriation bill or ordinance, during the year for which such appropriation is made, and no extra compensation shall ever be allowed to any such officer or employe over and above that provided in manner aforesaid. 246. Emergency. § 2. Whereas, the corporate author* ities 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. 70 STATUTES RELATING TO THE MUNICIPAL OIL INSPECTION. Act of'March 12, 1874. 247. Appointment of Inspectors—Term of Office—Dep¬ uties. § 1. The judge of the county court of any county for townships 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, naptha, gaso¬ line, benzine, and other mineral oils or fluids, the product of petroleum, and tix their compensation, to be paid by the party requiring their services. Every such inspector shall hold his office for one year, and until his success Dr is appointed and qual¬ ified, unless sooner removed from office. He may appoint deputies, for whom he shall be responsible, and who shall take the same oath and be liable to the same penalties as the inspector. 248. 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 ior affirm, as the case may be,) that I will sup¬ port the Constitution of the United States, and the Constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of oil inspector, according to the best of my ability. He shall also execute a bond payable to the people of the state, in such sum as shall be required by the 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 trustess, 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. (In force July 1, 1887.) 249. Inspector to Test. § 3. Upon the application of any manufacturer, refiner or producer of, or any dealer in, any such oil or fluid, or of any officer or person to test any such oil or fluid, such inspector shall test the same with all reasonable dispatch by applying the tire 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. 250 Test—Casks Marked—Inspector Not to Trade in Oil. g 4. If the oils or fluids so tested will not ignite or explode at a temperature less than one hundred and fifty de¬ grees Fahrenheit,the inspector shall mark,plainly and indelibly, on each cask, barrel or package “Approved, fire test being GOVERNMENT OF THE CITY OF MONMOUTH. 71 .but if said oils or fluids will ignite at a temperature less than one hundred and fifty degrees Fahrenheit, as afore¬ said, then the inspector shall mark on each cask, barrel or package “Condemned for illuminating purposes; fire test being_” Said inspector, while in office, shall not buy, sell, bargain or trade, directly or indirectly, in any of the said oils or fluids. 251. Record Kept, and Open to Examination. § 5. He shall also within twenty-four hours after making any inspection, make a full, and fair entry fhereof in a record book to be kept for that purp >se, which shall be open to all persons wishing to examine the same. 252. Penalty for Misconduct in Office § 6. Any such inspector or deputy who shall falsely brand any package, cask or barrel, or be guilty of any fraud, deceit, misconduct or culpable negligence in the performance of any of his official duties, shall be fined not exceeding 1200, and be liable to the party injured for all damages occasioned thereby. 253. Penalty for Neglect to Give Notice of, or Selling Oil Not Inspected—Counterfeit Brands, etc. § 7. Any manufac¬ turer, refiner or producer of, or any dealer in c al oil, naptha, 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 m ide or refined by him or received into his possession, or shall offe r 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 Ihe 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 occa¬ sioned thereby, and all the casks, barrels or packages so falsely used, and their contents, shall be forfeited, and may be seized and sold 254. Fines, How Recovered and Disposed of. § 8. The fines herein provided may bo 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 bo paid to the informer, and the other half and STATUTES RELATING TO THE MUNICIPAL 72 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. PLUMBERS, LICENSING OF, ETC. Act of June 10, 1897. 255. Person Working as Plumber to Receive Certificate. § 1. That any person now or hereafter engaging in or w T orking at the business of plumbing in cities or towns of 5,000 inhabi¬ tants or more in this state, either as a master plumber or employing plumber or as a journeyman plumber, shall first receive a certificate thereof, in accordance with the provisions of this act. 256 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 journeyman 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 examination as to his qualifications, as said board may direct;: said examination may be made in whole or in part, or (in) writ¬ ing, and shall be of a practical and elementory character, but sufficiently strict, to test the qualifications of the applicant. 257. Board to Be Appointed by the Mayor. § B That there shall be in every city, town Qr 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 member shall be appointed by the mayor and approved by the (city) council or by the board of trusees 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 annu¬ ally 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. 258. Meeting of Board of Examiners—Scope of Exam¬ ination—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 arid places for the ex¬ amination of all applicants desiring to engage in, or work at,. GOVERNMENT OF THE CITY OF MONMOUTH. 73 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, authoriz¬ ing 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 empty¬ ing plumber, shall be $5.00; for a journeyman plumber it shall be ll.ro. Said certificate sha'l 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. 259. 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 village, in this state, having a system of water supply or sew¬ erage, shall by ordinance or by-law, within three months of the passage of this act, prescribe rules and regulations for the materials, constructions, alteration and inspection of all plumb¬ ing and sew T erage 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 being first issued therefor, upon such terms and conditions as such city, town or village, shall prescribe. 260. Who Required to Take Examination and Procure Certificates. § 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. 261. Penalty for Violating Act. g 7. Any person vio¬ lating any provision of this act shall be deemed guilty of a misdemeanor, and be subject to a fine of not less than five dol¬ lars ($5) nor exceeding fifty dollars ($50) for each and every violation therefor, and his certificate may be revoked by the board of health or proper authorities of this city, town or village. PLATS. Act of March 21, 1874. 262. Laying Out Towns, etc. § 1. Whenever the owner 74 STATUTES RELATING TO THE MUNICIPAL of lands shall wish to subdivide the same into two or more parts for the purpose of laying out a town, or making any addition to any city, village or town, or of re-subdividing any lots or blocks therein, he shall cause the same to be surveyed and a plat thereof to be made by the county surveyor or some other competent surveyor, which plat shall particularly describe and set forth all the streets, alleys, common or public grounds, and all the in and out lots or fractional lots or blocks within, adjoin¬ ing or adjacent to the land so divided, giving the names, widths, courses and extent of all such streets and alleys, and number¬ ing all lots and blocks by progressive numbers, giving their precise length and width. Reference shall also be made upon the plat to some known and permanent monument from which future surveys may be made, or, if no such monument shall exist within convenient distance, the surveyor shall, at the time of making his survey, plant, and fix in such manner that the same shall not be moved by frost, at the corner of some public ground, or, if there be none, then at the corner of some lot or block most convenient for reference, a good and sufficient stone, to be furnished by the person for whom the survey is made, and designate upon the plat the point where the same may be found. 263. Certificate of Surveyor—Acknowledgment—Record. § 2. The plat having been completed, shall be certified by the surveyor and acknowledged by the owner of the land, or his attorney duly authorized, in the same manner as deeds of land are required to be acknowledged. The certificate of ihe sur¬ veyor and of acknowledgment, together with the plat, shall be recorded in the recorder’s office of the county in which the land is situated, and such acknowledgment and record shall have like effect and certified copies thereof and of such plat or of any plat heretofore acknowledged and certified according to law, may be used in evidence to the same extent and with like effect, as in case of deeds. 264. Dedication, Effect of. g ,3. The acknowledgment and recording of such plat shall be held in iaw r and in equity to be a conveyance in fee simple of such p actions of the premises platted as are marked or noted on such plat as donated or granted to the public, or any person, religious society, corpor¬ ation or body politic, and as a general warranty against the donor, his heirs and representatives to such donee or grantee for their use or for the use and purposes therein named or intended, and for no other use or purpose. And the premises Intended for any street, alley, way, common or other public use Iff any city, village or town, or addition thereto, shall be held in GOVERNMENT OF THE CITY OF MONMOUTH. 75 the corporate name thereof in trust to and for the uses and purposes set forth or intended. 265. Neglect to Plant Corner Stone, etc. § 4. Whoever shall lay out any town or make any addition to any city, village or town, or resubdivide any lots or blocks therein, and neglect to plant any corner stone when required by this act, or shall survey the same or cause it to be surveyed in any other mariner than that which is prescribed in this act, shall be fined in any sum not less than 25 nor exceeding $100. 266. Penalty for Selling Without Plat Recorded, etc. § 5. Whoever shall sell or offer for sale, or lease for any time exceeding five years, any lot or block in any town, city or village, or any addition thereto, or any resubdivision of any lot or block therein, before all the requisitions of this act have been complied with, shall be fined $25 for each lot or block or part thereof so disposed of, offered for sale or leased. VACATION OF PLATS. 267. Of the Whole Plat. § 6. Any such plat may be vacated by the owner of the premises at any time before the sale of any lot therein, by a written instrument declaring the same to be vacated, executed, acknowledged or proved, and recorded in like manner as deeds of land; which declaration being duly recorded, shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the streets, alleys and public grounds, and all dedications laid out or described in such plat. When lots have * been sold, the plat may be vacated in the manner herein pro¬ vided by all the owners of lots in such plat joining in the execution of such writing. 268. Of Part of Plat. § 7. Any part of a plat may be vacated in the manner provided in the preceding section, and subject to the conditions therein prescribed: Provided, such vacation shall not abridge or destroy any of the rights or privi¬ leges of other proprietors in such plat: And, provided, further, that nothing contained in this section shall authorize the closing or obstructing of any public highway laid out according to law. 269. Canceling Plat of Record, g 8. When any plat or part thereof is vacated, the recorder in whose office the plat is recorded shall, upon the recording of such vacation, write in plain letters across the plat or part so vacated the word “vacated,” and shall also make a reference on the same to the volume and page in which the instrument of vacation is recorded. 76 STATUTES RELATING TO THE MUNICIPAL PLATS TO BE RECORDED. 270. 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 corpora¬ tions, public or private, laying out, locating, opening, widening, extending or altering the same, to cause a plat thereof showing the width, courses and extent thereof, and making such refer¬ ence 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, pub- - lie 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, rail¬ road or canal is vacated, the order, ordinance or other declar¬ ation 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, 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. POLICE AND FIREMEN’S RELIEF FUND. 271. An act to amend “An Act for the relief of disabled members of the police and fire departments in cities and vil¬ lages,” approved May 24, 1877. In force July 1, 1877. [Approved May 10, 1879. In force July 1, 1879.] Sec. 382 et seq, Chap. 24, R. S. 1899, p. 338. 272. Pleasure Driveways — Incorporated Cities. Act providing for, Sec. 435 et seq, Chap. 24, R. S. 1899, p. 349. GOVERNMENT OF THE CITY OF MONMOUTH. 77 POLICE MAGISTRATES. Act of April 13, 1875. 273. Election and Term of Office—Jurisdiction. § 1. 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 they are hereby authorized to elect one police magistrate at the first annual election of town, city or village officers that shall occur after the passage of this act, and quadrennially there¬ after. Such police magistrates shall hold their offices for the same term, be commissioned and qualified, and have the same jurisdiction and fees, as police magistrates of villages have under the general law for the incorporation of cities and villages PUBLIC BUILDINGS Act of March 28, 1874. 274. Doors to Open Outward. § 1. 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 colleciion of people may be assembled together for religious worship, amusement or instruction, shall be so built and constructed that all doors leading from the main hall or place where said collection of people may be assembled, or from the principal room which may be used fur any of the purposes aforesaid, shall be so swung upon their hinges and constructed that such doors shall open outward; and that all means of egress for the pub ic 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. 275. 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. 276. When Public Buildings May be Closed. § 3. That in all cities and towns having a population of two thousand inhabitants, and upward, the mayor, or other corporate author¬ ities of said town or city, shall be empowered, and he is hereby 78 STATUTES RELATING TO THE MUNICIPAL authorized to close and prohibit all public buildings, hereafter erected, from being used in violation of this act. RAILROADS. Act of March 31, 1874. 277. Starting Train Without Signal. § 7. If any engineer on any railroad shall start his train at any station, or within any city, incorporated town or village, without ringing the bell or sounding the whistle a reasonable time before start¬ ing, he shall forfeit a sum not less than $10 nor more than $100, to be recovered in an action of debt in the name of the people of the state of Illinois, and such corporation shall also forfeit a like sum, to be recovered in the same manner. 278. Approaches at Crossings. § 8. Here after, at all of the railroad crossings of highways and streets in this state, the several railroad corporations in this state shall construct and maintain said crossings, and the approaches thereto, within their respective rights of way, so that at all times they shall be safe as to persons and property. 279. Neglect to Make, etc.—Crossings—Notice. § 9. Whenever any railroad corporation shall neglect to construct and maintain any of its crossings and approaches, as provided in Section 8 of this act, it shall be the duty of the proper public authorities, having the charge of such highways or streets, to notify, in writing, the nearest agent of said railroad corporation of the condition of said crossing or approaches, and direct the same to be constructed, altered or repaired in such manner as they shall deem necessary for the safety of persons and property. 280. When Company Neglects, Authorities to Construct* etc. § 10. If any railroad corporation of this state shall,, after having been notified, as provided in Section 9 of this act, neglect or refuse to construct, alter or repair such crossing or approaches within thirty days after such notice, then said public authorities shall forthwith cause such construction, alteration or repairs to be made. 281. Company to Pay Expense, and $100. g 11. Said railroad corporation shall be holden for all necessary expenses incurred in making such construction, alteration and repairs, and in addition thereto shall be liable to a fine of $100 for such neglect to comply with the lequirements of this act, which fine shall be enforced by the said public authorities, in the name of GOVERNMENT OF THE CITY OF MONMOUTH. 79) the people of the state of Illinois, before any court of compe- tent jurisdiction in the county. Such fine, when collected, to be paid into the treasury of the authorities enforcing the fine. 282. Not to Obstruct Highway—Stoning, etc., Train* § 14. No railroad corporation shall obstruct any public high- way by stopping any train upon, or by leaving any car or locomotive engine standing on its track where the same inter¬ sects or crosses such public highways, except for the purpose of receiving or discharging passengers or freight, or for taking in or setting out cars, or to receive the necessary fuel and water, and in no case to exceed ten minutes for each train, car or locomotive engine. Any person who shall throw any stone, or other hard sub- stance at any railroad car, train or locomotive, shall be deemed guilty of a misdemeanor, and on conviction theieof shall be fined in any sum not more than $200, and shall stand committed to the county jail until such fine and costs shall be paid. 283. Penalty, g 15. Every engineer or conductor vio¬ lating the provisions of the preceding section shall, for each offense, forfeit the sum of not less than $10 nor more than $100, to be recovered in an action of debt, in the name of the people of the state of Illinois, for the use of any person who may sue for the same, and the corporation on whose road the offense is committed shall be liable for the like sum. 284 Speed Through Cities, Etc.—Damages. § 24. Whenever any railroad corporation shall by itself or agents*, run any train, locomotive engine, or car. at a greater rate of speed in or through the incorporated limits of any city, town or village, than is permitted by any ordinance of such city, town or village, such corporation shall be liable to the 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 may be provided by such city, town or village, the person aggrieved by the viola¬ tion of any of the provisions of this section, shall have an action against such corporation, so violating any of the pror visions to recover a penalty of not less than one hundred ! dollars ($100) nor more than two hundred dollars ($200), to be- recovered in any court of competent jurisdiction; said action to be an action of debt, in the name of the people of the sta'e 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 conx^ 80 STATUTES RELATING TO THE MUNICIPAL mitted by such violation may appear not to be malicious or ; Willful: Provided, that no such ordinance shall limit the rate of speed, incase of passenger trains, to less than ten miles per hour, nor in any other case to less than six miles per hour. ********* 285. Flagmen—Shelter. § 35. In all cases where the public authorities having charge of any street over which there shall be a railroad crossing, shall notify any agent of the cor¬ poration owning, using or operating such railroad, that a flag¬ man 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 em¬ powered to stop any and all persons from crossing a railroad track, when, in his opinion, there is danger from approaching trains or locomotive engines; and any railroad company refus¬ ing or neglecting to place flagmen, as required by this section, shall be liable 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 of municipal corporation wherein such crossing shall be situate, before any court of competent jurisdiction in the county, and the prosecuting attorney shall attend to the prosecution of all suits as directed by said public authorities. All the moneys collected under the provisions of this act shall be paid into the treasury of the town or municipal corporation in whose name such suits shall have been brought: Provided, that when any railroad company is required to keep a flagman at a crossing, it shall have the right to erect and maintain in the highway or street crossed a suitable house for the shelter of such flagman, the same to be so located as to create the least obstruction to the use of such street or highway, and afford the best view of the railroad track is each direction from such crossing. REAL AND PERSONAL ESTATE—CONVEYANCE OF. Act of March 22, 1889. 286. City Council or Board of Trustees May Pass Ordi¬ nance to Sell Peal or Personal Estate no Longer Necessary. § 1. That any city or village incorporated under any general or special law of this state, which shall have acquired or hold any real or personal estate for any purpose whatso- GOVERNMENT OF THE CITY OF MONMOUTH. 81 ever, 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 coun¬ cil or board of trustees, be no longer necessary, appro* priate or required for the use of such city or village, or profita¬ ble to, or its longer retention be for the best interests of, such city or village. 287. 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 ordinance 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 state 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 th3 bids will be con¬ sidered 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. 288. 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 presi¬ dent 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. REGISTRATION OF ELECTORS. 289. An Act for the Registry of Electors and to Prevent Fraudulent Voting. Approved and in force February 15, 1865. (See Sec 135, et seq., ch. 46, R. S. 1899, p. 755.) 82 STATUTES RELATING TO THE MUNICIPAL TO REGULATE THE MANNER OF HOLDING ELECTIONS. 290. An Act to Provide for the Printing and Distribu¬ tion 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. In force July 1, 1891. (See Sec. 288, et seq., ch. 46, R. S. 1899, p. 802. REVENUE. An Act for the assessment of property and for the levy and col¬ lection of taxes. (Approved March 30, 1872. In force July 1, 1872.) ********* 291. Certificate of Rates. § 122. The proper authori¬ ties of towns, townships, districts, and incorporated cities, towns and villages, collecting taxes under the provisions of this act, shall annually, on or before the second Tuesday in August, certify to the county clerk the several amounts which they severally require to be raised by taxation, anything in their respective charters, or in acts heretofore passed by the general assembly of this state, to the contrary notwithstanding. (But see Sec. Ill Supra.) ********* 292. The following sections of the Revenue act, Chap. 120, are applicable to collection of taxes and special assessments, viz.: 129, 167, 169, 178, 180, 181, 182, 185, 188, 189, 190, 191, 201, 202, 203, 210, 211, 227 and 229. SEWERAGE, RESERVOIRS, PUMPING WORKS, ETC. 293. An Act to authorize cities of 100,000 population and under to construct outlet sewers, reservoirs, pumping works and machinery, and maintain and keep in repair the spine, 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 in¬ stallments. See R. S. 1899, Chap. 24, p. 383. SIDEWALKS. Act of April 15, 1875. 294. Sidewalks by Taxation. § 1. That in addition to the GOVERNMENT OF THE CITY OF MONMOUTH. 83 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, provide for the payment of the whole or any part of the cost thereof, by special taxation of the lot, lots or parcels of land touching upon the line where any such sidewalk 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 parcels 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 deter¬ mined by the last preceding assessment thereof for the pur¬ pose of state and county taxation; or the whole or any part of the cost thereof may be levied upon such lots or parcels of land, in proportion to their frontage upon such sidewalks, or in proportion to their superficial area, as may be provided by 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 appro¬ priated. , 295. What Ordinance May Provide. § 2. Said ordinance shall define the location of such proposed sidewalk with reason¬ able 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 desig¬ nated in such ordinance. Said ordinance shall be published as required by law for other ordinances of said city, town, or village, and may require all owners of lots or parcels of land touching the line of said proposed sidewalk, to construct a sidewalk in front of their respective lots or parcels, in accord¬ ance with the specifications of said ordinance, within thirty days after such publication, and in default thereof, said materials to be furnished and sidewalk constructed by said city, town, or village, and the cost, or such part thereof as may be fixed in said ordinance, may be collected from the respective owners of said lots or parcels of land as hereinafter provided. 296. In case Owner Neglects to Construct. § 3. Incase of the default of any lot owner or owners to construct the side- 84 STATUTES RELATING TO THE MUNICIPAL 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 jurisdic¬ tion, 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 ordin¬ ance may provide for the levy of said costs by frontage, superficial area, or assessed value; whereupon said clerk shall proceed to prepare a special 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 con¬ struction of said sidewalk, according to the rule fixed for the levy of such special tax by said ordinance, which special tax list shall be filed in the office of said clerk; and said clerk shall thereupon issue warrants directed to such officer as may be designated in such ordinance, for the collection of the amount of special tax so ascertained and appearing from said special tax list to be due from the respective owners of the lots or parcels of land touching upon the line of said sidewalk; and such officer shall proceed to collect such warrants in the same manner as constables are authorized to collect executions, and make return thereof, trgether with the moneys collected, to the clerk of such city, town or village, within sixty days from the date of their issue; and in case any such warrant shall be returned, as to the whole or any part thereof, “no property found," other warrants may issue, and proceedings by garnish¬ ment 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, immediately paid over to the treasurer of said city, town or village. 297. 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 GOVERNMENT OF THE CITY OF MONMOUTH. 85 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 Ihe list is a correct return of the lots and par¬ cels of land on which the special tax levied by authority of said city, town, or village, for the cost or partial cost (as the case may be) of the sidewalk in said ordinance specified, remains due and unpaid, and that the amounts therein stated as due and unpaid have not been collected, nor any part thereof. Said reports, when so made, shall be prima facie evidence that all the forms and requirements of the law in relation to making such return have been complied with, and that the special tax, as mentioned in said report, is due and unpaid. 298. General Officer to Obtain Judgment — By What Laws Governed. § 5. When said general officer shall receive the aforesaid report, he shall at once proceed to obtain judg¬ ment against said lots or parcels of land for said special tax remaining due and unpaid, in the same manner as may be pro¬ vided 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, except 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. 299. When Constructed by Owner May Obtain Order. § 6. Whenever payment of the costs of any such side¬ walk 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 con¬ struction, 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 certifi¬ cate of the officer or board directed by such ordinance to super¬ intend the construction thereof, that such sidewalk has been constructed and fully completed by such owner in accordance 86 STATUTES RELATING TO THE MUNICIPAL 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. STEAM BOILER EXPLOSIONS. Act of June 3,1889. 300. Persons in Charge of Steam Boilers—License— Penalty. § 1. 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. 301. 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 ordin¬ ances, 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. STREET RAILROADS. Act March 7, 1899. 302. Eminent Domain. § 1. That any company which has been or shall be incorporated under the general laws of this state, for the purpose of constructing, maintaining or operating any GOVERNMENT OF THE CITY OF MONMOUTH. 87 horse, dummy or street railroad or tramway, may enter upon and appropriate any property necessary for the construction, main¬ tenance and operation of its road, and all necessary siding, side tracks and appurtenances,and may, subject to the provisions con¬ tained in this act, locate and construct its road upon and over any street, alley, road or highway, or across or over any waters in this state, in such manner as not to unnecessarily obstruct the public use of such street, alley, road or highway, or interrupt ' the navigation of such waters: Provided, every such street railway may be operated by animal, cable, electric or any other motive power that may have been or shall hereafter be granted to it by the proper public officers or authorities, except steam locomotive engines. 303. Compensation for Property Taken or Damaged. § 2. When it is necessary for the construction, maintenance or operation of such road, or the necessary sidings, side tracks or appurtenances, 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 domain. 304. Location of Road—Consent—Notice—Damage. § 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 village nor upon or along any road or highway, or upon any public ground with¬ out any incorporated city, town or village, except upon the con¬ sent 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 corporate authorities or county board, as the case may be, shall deem for the best inter¬ ests 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 publica¬ tion 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 damages 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 location or construction of the road; the same to be ascertained and paid in the manner pro¬ vided by law for the exercise of the right of eminent domain. 305. Control of Streets Reserved—Police Power. § 4. Every grant to any such company of a right to use any street, alley, road, highway or public ground shall be subject to the 88 STATUTES RELATING TO THE MUNICIPAL right of the proper authorities to control the use, improvement and repair of such street, alley, road, highway or public ground, to the same extent as if no such grant had been made, and to make all necessary police regulations concerning the manage¬ ment and operation of such railroad, wdiether such right is reserved in the grant or not. 806. Repeal. § 5. That an act entitled, “An act in regard to horse and dummy railroads,” approved March 19, 1874, and in force July 1, 1874; an act entitled, “An act to amend the title and Sections one (1) and three (3) of an act entitled, ‘An act in regard to horse and dummy railroads,’ ” approved June 9, 1897, and in force July 1, 1897, and all acts or parts of acts inconsist¬ ent herewith are hereby repealed. STREETS—VACATION OF. Act of March 24,1874. 307. Three-fourths Vote Required—Damages. § 1. That no city council of any city, or boar el of trustees of any village or towrn, 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 be taken by ayes and noes, and entered on the records of the council or board. And when property is dam¬ aged by the vacation or closing of any street or alley, the same shall be ascertained and paid as provided by law. 308. 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 higlrway 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. GOVERNMENT OF THE CITY OF MONMOUTH. 89 TAXES—REBATE AND REDUCTION. Act of January 18, 1872. 309. Rebate When Property Destroyed. § 1. 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 lire, 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 col¬ lected, 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 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 rebated or remitted by reason of such property having been, in w T hole or in part, destroyed by fire. 310. 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 appropriation bill has been made or passed, or special improve¬ ments ordered before such fire, and the tax or assessment for the payment or raising of the same has not been levied or col¬ lected, 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 assess¬ ments 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. TAXES—SEWERAGE, WATER AND LIGHT. Act June 21, 1883. 311. Sewerage Fund Tax. g 1. That the legislative authority of any city which now has, or may hereafter have, 90 STATUTES RELATING TO THE MUNICIPAL established a system of sewerage for such city, shall have power annually to levy and collect a tax upon the taxable real and per¬ sonal estate of such city, not to exceed one mill on the dollar, for the extension and laying of sewers therein, and the main¬ tenance 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 de¬ partment, of such city, shall first certify to such legislative authority the amount that will be necessary for such purpose: Provided, further, that a two-thirds majority of all the mem¬ bers elect of the legislative authority of such city may levy a tax for such purposes not to exceed three mills on each dollar of the taxable property of such city: And, provided, such “sew¬ erage 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. 312. Sewerage Fund and Light Tax. g 2. The legisla¬ tive authority of any city which now lias, or which may "here¬ after 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 upqp 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 ex¬ tension 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 sLl-l.11 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 pub¬ lic 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 therefor: Provided, further, that two-thirds majority of all the members elect of the legislative authority of such city may levy a tax for such purposes, not to exceed three mills on each dollar of the taxable property of such city: And, provided, further, that the legislative authority of each of the cities, villages and incorporated towns in this state, with the concurrence of two-thirds of the members thereof, shall be authorized to levy, and collect annually, upon the taxable property within its limits, in addition to all other taxes now authorized by law, a tax of not exceeding three mills on the GOVERNMENT OF THE CITY OF MONMOUTH. 91 dollar of such taxable property to be used exclusively for the purpose of lighting streets, and a further tax of not exceeding two mills on the dollar of such taxable property, to be used ex¬ clusively 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 aggre¬ gate taxes that may be levied in any one year by any city or village as provided in Section one (1) of Article eight (8) of an act entitled, “An act to provide for the incorporation of cities and villages,” approved April 10, 1872. 313. Repeal. § 3. An act entitled “An act in relation to the levy and collection of taxes for sewerage and water works in the cities of this state, that may have established a system of sewerage and water works for such city, ” approved and in force April 22, 1871, is hereby repealed. taxes. Act of April 24, 1899, authorizing levy of to pay for public buildings- injured or destroyed, etc. 314. What Cities to Have Power to Rebuild or Restore Such Building—Restoration Tax. § 1. That the city council in any city whether organized under general law or special charter, in which the city hall, city jail or police station, fire de¬ partment house or houses, or public library, or all of them, have been destroyed or seriously impaired by cyclone or tornado since Jan. 1, 1896, or shall hereafter be so seriously impaired or destroyed, shall have power, in order to rebuild or restore any such building or all of them, thus seriously impaired or destroyed, to levy an annual tax for not exceeding ten successive years of not exceeding five mills on the dollar on all the taxable property in any such city, such tax to be levied and collected in like manner with the general taxes of said city and to be known as the public building, re-building or restoration fund: Pro¬ vided, that said annual public building, re-building or restora¬ tion tax 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 such city in this state is now organized. 315. How Restoration Tax to be Levied. § 2. When any such city, as designated in Section one (1) of this act, shall decide to rebuild or restore any such building, or all of them, in 92 STATUTES RELATING TO THE MUNICIPAL consequence of their destruction or serious impairment by cyclone or tornado it shall do so by ordinance of its city council, in which ordinance it shall be also stated the number of years, not exceeding ten, such annual public building, rebuilding or restoration tax shall be levied, and the number of mills, not ex¬ ceeding live, on the dollar of said taxable property. Said tax shall be included in the annual appropriation and tax levy ordin¬ ances of any such city for the years that it can be levied under the provisions of this act: Provided, that if any city has already taken steps or action to rebuild or restore any of its city buildings seriously impaired or destroyed by cyclone or tornado, as aforesaid, it shall be no bar or hindrance to its availing itself of the benefits of this act, but may modify such steps or actions to a substantial compliance with the requirements hereof. 316. Restoration Tax to be Deposited in the City Treas¬ ury —How Paid Out. § 3. All moneys received as proceeds from said public building, rebuilding or restoration fund tax shall be deposited in the city treasury of any such city to the credit of said fund, shall be kept separate and apart from other moneys of such city, and shall not be used or paid out for any other purpose whatsoever than that of paying the cost of or obligations for rebuilding or restoring public buildings seriously impaired or destroyed by cyclone or tornado in such city, as aforesaid, until all of said cost or obligations shall have been dis¬ charged: Provided, that if said moneys can not be used annually to pay said costs or obligations, but shall accumulate, the city council may invest said moneys as they shall come into the treasury, in good interest-paying securities, there to remain until the same are needed for the payment of the cost of or obli¬ gations for the rebuilding or restoration of public buildings in said city under the provisions and authority of this act. TELEGRAPH COMPANIES. Act of March 24,1874. 317. 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, town or village, without the consent of the county board of the county in which such road, higlrway, or public ground is situated, nor upon any street, alley or other highway or public ground, within any incorporated city, town or village, without \ GOVERNMENT OF THE CITY OF MONMOUTH. 93 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 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 opportunity to be heard in regard to such alteration. TERRITORY—ANNEXING AND EXCLUDING. Act of April 10, 1872. 318. Petition to be Annexed—Annexing. § 1. That on petition, in writing, signed by not less than three fourths of the legal voters, and by the owners of not less than three-fourths (in value) of the property in any territory contiguous to any city or incorporated village or town, and not embraced within its limits, the city council or board of trustees of said city, vil'age or town (as the case may be) may, by ordinance, annex such territory to such city, village or town, upon tiling a copy of such ordinance, with an accurate map of the territory an¬ nexed (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 territory 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 vil¬ lage, to another city, town or village. 319. Annexing One Corporation to Another. § 2. Any incorporated city, village or town may be annexed to another incorporated city, village or town, by ordinance passed by a two-thirds vote of all the aldermen or trustees elect of each corporation desiring annexation: Provided, such annexation shall not affect or impair any rights or liabilities either in favor of or against such corporations; and suits founded upon such rights and liabilities may be commenced, and pending suits may be prosecuted and carried to final judgments and executions,the same as if such annexation had not taken place. In making such annexation, the corporations so uniting may, by ordinance, fix the terms of the annexation, which shall have the force and effect of a binding contract: Provided, however, that no such 94 STATUTES RELATING TO THE MUNICIPAL ordinance shall be of any binding force or effect until submitted to a vote of the legal voters of such city, town or village, at a general election thereof, and adopted by a majority of all the voters voting thereon at such election, notice of which shall be given at the same time and in the same manner as required for the election of the officers of such city, town or village: And, provided, also, that the vote shall be by ballot, which shall be “for union ordinance,” or “against union ordinance,’' and shall be received, canvassed and returned the same as ballots for municipal officers of such city, town or village. 320. Proceedings by Corporation to Annex Territory. § 3. When any incorporated city, village or town shall desire to annex any contiguous territory thereto, and the same shall not have been petitioned for as provided in Section one of this article, it shall be lawful for the city council or board of trustees of such city, village or town by a two-thirds vote of all the aldermen or trustees elect, by ordinance or resolution, to auth¬ orize 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 this section contained shall authorize said petition to be filed unless the territory so sought to be annexed (except territory intervening between a city and town, or two or more cities or towns, desiring to become united under this act), shall contain an actual resident population of at least one hundred and fifteen inhabitants to each section or fractional part of a section so sought to be annexed—which said fact shall be alleged in said petition, and proved on the hearing thereof, the same as any other allegation in said petition 321. 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 publi¬ cation at least once in each week, for two successive weeks, in some newspaper published in the county where the petition is filed or to be filed (or if no newspaper is published in such GOVERNMENT OF THE CITY OF MONMOUTH. 95 county, then in ihe nearest newspaper published in this state), and by posting up notices at least fourteen days before such time of hearing, in at least three of the most public places in the territory proposed to be annexed, and a like number in the city, village or town to which it is desired to annex such territory. 322. Objections to Annexation—Trial. § 5. The legal voters 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 nor towns in which said corpor¬ ation or territory may be situated), shall hear all competent evidence that may be offered by either party; and the court may continue the hearing from time to time, for any cause, and make all proper orders in regard to the hearing, giving of notices and other disposition of the case. 323. 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 peti¬ tioners, the petition shall be dismissed at the cost of the petitioners; and no subsequent petition shall be presented for the annexation of any of the territory embraced in such petition, within one year from the time of entering such order: Pro¬ vided, that new trials may be granted as in other jury cases. 324. 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 be left wfith the mayor of such city, or president of such village or town, at least ten days before such petition is heard. 325. 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 96 STATUTES RELATING TO THE MUNICIPAL such city, town or village is situated, praying to be disconnected therefrom, such petition shall be tiled with the clerk of the court at least ten days before the first day of the term at which it is proposed to be heard, and like proceedings shall be had as is required by Sections four, five and six of ihe act for the an¬ nexation 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. 326 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 president of the board of trustees of the village or town (as the case may be) to cause an accurate map of such added territory, together with the ordinance for the annexation, certified by such mayor, and if a decree or order of the court has been made therefor, a copy of the same, to be filed for record and recorded in the recorder's office for the county in which such added 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. 327. School Districts. § 10. All school districts, and other corporations incorporated for school purposes, under special acts of the legislature, desiring to annex or disannex territory, may proceed under the provision of this act. 328. 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. TERRITORY—DISCONNECTING. Act of May 27, 1879. 329. Disconnecting Territory. § 1. That whenever the owners representing a majority of the area of land of any ter¬ ritory within any city or village, and being upon the border and within the boundary thereof, and not laid out into city or village lots or blocks, shall petition the city council of such city, or the trustees of such village, praying the disconnection of such ter¬ ritory therefrom; such petition shall be filed with the city clerk of such city, or the president of the trustees of such village, accompanied with a certificate of the county clerk, showing that all city taxes or assessments due up to the time of presenting such petition are fully paid, at least ten days before the meet¬ ing of such city council, or trustees, at which it is proposed to GOVERNMENT OF THE CITY OF MONMOUTH. 97 present such petition, and the city clerk of such city, or presi¬ dent of the trustees of such village, shall present such petition to the city council or trustees, as the case may be, and upon such presentation, the city council of such city, or trustees of such village, may, by ordinance, to be passed by a majority of the members elected to such city council or board of village trustees, disconnect the territory described in such petition from such city or village: Provided, however, that the terri¬ tory so disconnected, shall not thereby be exempted from tax¬ ation, for the purpose of paying any indebtedness contracted by the corporate authorities of such city or village, while such territory was within the limits thereof, and remaining unpaid, but the same shall be assessed and taxed for the purpose of paying such indebtedness, the same as if such territory had not been disconnected, until such indebtedness is fully paid. 330. Ordinance Recorded. § 2. A copy of the ordinance disconnecting territory from any city or village, certified by the clerk of such city, or president of. the trustees of such village, shall be filed for record, and recorded in the recorder’s office of the county in which such disconnected territory is situated, and another copy of such ordinance, so certified, shall be filed with the clerk of the county court of the county in which such dis¬ connected territory is situated. 331. Judicial Notice. § 3. All courts in this state shall take judicial notice of cities and villages, and of the changes made in their territory, under this act. WARRANTS DRAWN UPON TREASURER. .Act of May 31, 1879. 332. When Warrants May be Drawn. § 1. That war¬ rants 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 corporation, or agdnst any funds in his hands, only when at the time of the drawing and issuing of such warrants, there shall be sufficient money in the appropriate fund in the treasury to pay said warrants. 333. Issued in Anticipation of Taxes. § 2. That when¬ ever there is no money in the treasury of arty county, township, city, school district or other municipal corporation to meet and defray the ordinary and necessary expenses thereof, it shall be lawful for the proper authorities of any county, township, city, school district, or other municipal corporation, to provide that warrants may be drawn and issued, against and in anticipation / 98 STATUTES RELATING TO THE MUNICIPAL of the collection of any taxes, already levied by said authorities for the payment of the ordinary and necessary expenses of any such municipal corporation to the extent of seventy-five per centum of the total amount of any said tax levy: Provided, that warrants drawn and issued under the provisions of this section, shall show upon their face that they are payable solely from said taxes when collected, and not otherwise, and shall be received by any collector of taxes in payment of the taxes against which they are issued, and which taxes, against which said warrants are drawn shall be set apart and held for their payment. WARRANTS OF MUNICIPAL CORPORATION—INTEREST ON. Act of June 15, 1895. 334. Interest on Warrants of Municipal Corporations. § 1. That whenever any warrants shall hereafter be lawfully drawn by the proper officers of any city, village or town for the payment of money out of any particular fund in anticipation of the collection of a tax heretofore levied for such fund, such warrants shall, unless paid within thirty clays after their issu¬ ance, bear interest, payable out of such fund and tax levy, at the rate of five per centum per annum from their respective dates until paid, or until uotice shall be given by publication in a newspaper or otherwise, to their holders, that the money for their payment is available and that they will be paid on pre¬ sentation. WATER WORKS. Act of April 15, 1873. 335. Power to Supply Water—Letting Contract—Emerg¬ ency. § 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 w T ater for the purposes of fire protec¬ tion, and for the use of the inhabitants of such cities, incorpor¬ ated towns or villages by the erection, construction and main¬ taining of a system of water works or by uniting with any adjacent city, incorporated town or village, in the erection, 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 an adjacent city, incor- GOVERNMENT OF THE CITY OF MONMOUTH. 99 porated 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 responsible bidder therefor, upon not less than three (3) weeks public notice of the terms and conditions upon which 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 indirectly interested in any such contract, and in all cases the council 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. 336. Borrowed Money-Tax. § 2. Such cities, incorpor¬ ated 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, construction and main¬ taining of such water works, and appropriate money for the same. 337. May Acquire Property for Works, etc. § 3. For the purpose of erecting, constructing, locating, maintaining or supplying 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 other¬ wise; 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 con¬ demning 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 maintain- ance of such water works, by purchase or otherwise; and the jurisdiction of such city, town or village to prevent or punish any pollution or injury to the stream or source of water for the supply of such water works, shall extend ten miles beyond its corporate limits. 338. Rules—Tax—Assessment—Lien. § 4. The com¬ mon council of such cities or trustees of such towns or villages, shall have power to make and enforce all needful rules and reg¬ ulations 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 100 STATUTES RELATING TO THE MUNICIPAL such tax, rent or rates for the use and benetit of water used or supplbd t<» them by such water works, as the common council or board of trustees as the case may be, shall deem ju-t and expedient. 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 provide. See Section 171 339. Special Assessment. § 5 The expense of locating, erecting and constructing reservoirs and hydrants for the pur¬ pose of tire protection, and the expense of constructing and laying water main pipes, or such part thereof as may be just and lawful, may be assessed upon and collected from the prop¬ erty and real estate specially benefited thereby, if any, in such manner as may be provided for the making of special assess¬ ments for other public improvements in such cities, towns or villages. 340. Separate Fund. § 6. All the income received by such cities, towns or villages from such water works, from the payment and collection of water taxes, rents or rates shall be kept in a separate fund, and shall first be applied in the pay¬ ment and discharge of the costs, interests on bonds or money borrowed and used in the erection and construction of such water w 7 orks and running ( xpens s thereof. And any surplus may be applied in such manner as the common council or board of trustees may direct. 241. When Act Not Apply. § 7. The provisions of this act shall not apply to citie-, towns or villages in which water works are now managed or controlled by a board of public works. WATER WORKS. Act of April 22, 1899. 342. May Acquire Water Works—Payment for Such Building or Purchase. § 1 . 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 system. In pay¬ ment 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 exceed- GOVERNMENT OF THE CITY OF MONMOUTH. 101 ing 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. 343 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 pro¬ posed to acquire, and referring to the plans and specifications therefor, which shall be open to the inspection of the public; 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 acquir¬ ing or enlarging the water works, and the interest thereon, are fully paid. Which said ordinance shall be published in a news¬ paper published in such municipality, at least once it/ each week for three successive weeks. And if no petition shjill be filed with the clerk of such municipality as hereinafter provided, within twenty one days after the first publication of said ordi¬ nance, 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 voters 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. • 344. Water Fund—Certificates—Payment of. § 3. Whenever any such municipality shall avail itself of the pro¬ visions 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 inviolate until the certificates issued under the terms hereof and the interest thereon is fully paid, and the treasurer of such municipality shall not pay any warrants drawn on said fund unless the same be drawn in payment of the necessary operat- 102 STATUTES RELATING TO THE MUNICIPAL ing expenses of such water works system, or in payment of the certificates issued hereunder or the interest thereon. 345. May Mortgage Water Works System, g 4. In order to secure in the most ample manner the payment of the w T ater certificates, authorized as aforesaid, any such municipal¬ ity 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 trust may contain such provisions and conditions as are reasonably necessary to fully secure the payment of said water certificates 346. Foreclosure of Certificates, g 5. Whenever, and as often as default shall be made in the payment of water cer¬ tificates, 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 whcle 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 solicitor, and such decree shall fix reasonable rates for w T ater furnished from said water works system for public uses during the time that such municipality shall be deprived of the poses- sion thereof, as hereinafter provided, and upon any sale under such decree of foreclosure the person or corporation offering to . satisfy said decree for the rents, incomes and profits of said water works system for the least number of years, not exceed¬ ing fifty, shall become the purchaser thereof, and on satisfying said decree shall be let into the use, occupation and enjoyment of said water works system during the period of time for which the same w T ere sold, and during such period such purchaser or assigns shall be entitled to receive and collect for water fur nished 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 pur¬ chasers or assigns shall deliver said waterworks system to such municipality in as good condition as when the same was received, ordinary wear and tear excepted. 347. Rights of Purchaser at Foreclosure Sale, g 6. During the period of time when the/purchaser at such fore¬ closure sale shall be entitled to the use and enjoyment of said water works system, it shall not be competent for such munici¬ pality to construct or authorize any other person or corporation GOVERNMENT OF THE CITY OF MONMOUTH. 103 to construct a competing system of water works, noi shall it be competent for the purchaser at such foreclosure sale, or assigns, to extend the water works system so purchased, except upon such terms as such municipality may authorize. 348. How Act Construed. § 7 This shall be deemed and construed to confer powers in addition to but not limiting those now existing. WATER WORKS—TO BUY OR CONSTRUCT AND MANAGE. Act of April 19, 1899. 349. Power to Levy a Direct Annual Tax of Not More Than One Per Cent. § 1. 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 corporate 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. 350. Contract for Purchase or Erection of Water Works —Direct Annual Tax. g 2 Whenever any city or village de¬ sires to avail itself of the provisions of this act, the city coun¬ cil or the board of trustees, as the case may be, may, by ordi¬ nance 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 citv or village engin¬ eer recommending the same, shall be published at least once a week for three consecutive weeks in a dai : y or weekly newspa¬ per published in said city or village, and shal at the same time provide by reso ution or ordinance for the levying of a direct annual tax as authorized in Section 1 of this act, ' he 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 sufficient to pay the contract price for the works, together with interest on ame; but such contract for purchase or erec¬ tion, and such tax. shall not be valid or binding until confirmed by vote, as follows: 351. Such Contract and Tax after Action by the Coun¬ cil to be Submitted to Voters—Manner of Submission. § 3. Such contract and tax, after action by the council or trustees as aforesaid, shall, before they shall be valid and binding, be 104 STATUTES RELATING TO THE MUNICIPAL submitted for ratification to the voters of the city or village at a regular or special election by giving notice of same, which notire 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 e ection, and also by publication three trams in a daily or weekly newspaper pub¬ lished in said city or village, and for three weeks preceding such election there shall be on file in some public place, con¬ venient of access, a full description of works, copy of contr;ct and report of engineer, for tbe 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 four hs of all the voters voting on said proposition shall vote in favor of said contract and lax, the same shall be binding and the tax duly levied. The ballots at such election shall read: “Proposition to construct or purchase (or Loth) water Yes No works and levy a tax of_annually for_years. V 352. Power of City Council and Board of Trustees Under This Act. § 4. Tbe city council in cities and the board of trustees in villages shall have the power to carry into execution the contract for the erection or purchase of water works when ratifies by the voters, as directed in Section 3. and employ a superintendent and such other employes as may be necessary and proper for t\ e operation of such works for the collection of water rentals and for the conduct of the business necessary to the operation thereof. 353. Power to Issue Bonds Against Taxes Levied, g 5. The city council in cities and the board of trusees in villages shall have the power to issue bonds against the taxes levied, the same to be payable only out of said special tax when col¬ lected and oug of the net revenue derived from the operation of said works. 354. 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, theli-st 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 GOVERNMENT OF THE CITY OF MONMOUTH. 105 , may be paid out at not less than par for the construction or- purchase of said works. 355. Form of Bonds. § 7. Said bonds shall be sub¬ stantially in the folio \ing form: The City or Village of_, County of_, State of Illinois, for value received hereby promises to pay to bearer_hundred dol¬ lars, lawful money of the United States of America, on the_day of .. A. D.. together with interest thereon at the rate of_ per centum per annum, 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_ pay¬ able solely out of funds derived from special tax levy and net revenue of the water works of the City ior Village) of__; the erection or purchase of said works and levy of said tax having been author-. ized 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) and counter¬ signed 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 beattached thereto, k which may be signed or bear the lithographed signature of the . c erk of said city or village. 356 Fixing Water Rentals or Rates. §8. The board of trustees or city council shall from time to time fix the water rentals or rates to be charged for the furnishing of w 7 ater, and such shall be made sufficient, together with ihe proceeds of tha specia tax provided by the act to pay at maturity the interest and principal of bonds issued under the provisions of the act, and also for the proper maintenance and operation of such wonts, the proper and necessary extension thereof, and for all repairs thereon. 357. Water District Created by Two or More Villages^ etc. —How Governed, g 9 Any two or more villages or cities, adjacent to each other may elect by ordinance to create a water district, said district to be governed by a board of trustees com¬ poses of the joint city councils or village boards of each and, every such city and village, which said board of trustees shjalli have the power given to city councils or boa'ds of trustees ix^ this act, and said water districts shall be a body corporate to* carry out the provisions of the act, but notice of any election* 106 STATUTES RELATING TO THE MUNICIPAL GOVERNMENT. held by such water district under this act sha 1 be given in each and every city and\illage 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 con tract and tax shall be considered to have failed of ratification and o be void 358. This Act Confers Additional Powers on City Coun¬ cils, etc. § 1* . This act shall be considered as conferring additional power on city councils and b ards of trustees, and as in addition to and not limiting powers now given cries and vil* plages, city councils and boards of trustees by law. CITY ORDINANCES. 107 CITY ORDINANCES. An Ordinance for Revising and Consolidating the Sev¬ eral Ordinances of the City of Monmouth. Be it Ordained by the City Council of the City of Monmouth: CHAPTER I. MUNICIPAL AND FISCAL YEAR AND SEAL. 359. The municipal year of the city shall commence on the first Monday of May in each year. 360. The fiscal year of the city shall commence on the first Monday of May in each year. 361. The seal heretofore provided and used by and for the city of Monmouth, the impression on which is circular in form with a representation of an eagle in the center, with the inscription “City of Monmouth, Illinois,” on the outer circle, and the words “Warren County” on the center of said circle, shall be, and is hereby established and declared to have been, and now to be, the seal of the city of Monmouth. CHAPTER II. WARDS. 362. The city is hereby declared to be divided into five wards as follows, to-wit: First Ward. The boundaries and limits of the first ward shall be as follows: Boston avenue on the north, Sixth street on the east, Fifth avenue on the south, and B street on the west, and all that portion of the city lying within said bound¬ aries shall constitue the first ward. 363. Second Ward. The boundaries and limits of the second ward shall be as follows: Commencing at the northeast corner of the city limits, running thence south to Second 108 CITY ORDINANCES. avenue, thence west to Sixth street, thence north to Boston avenue, as extended through block twenty-four (24) Quinby and Lawrence’s addition; thence west along Boston avenue to First street, thence north to the city limits, thence east to the place of beginning; and all that portion of the city lying wfithin said boundaries, shall constitute the second w r ard 364. Third Ward. The boundaries and limits of the third ward shall be as follows: Commencing at the northwest corner of the city limits, running thence east to First streer, thence south to Boston avenue, thence west to B street, thence south to Second avenue, thence wrest to the city limits, thence north to the place of beginning; and all that portion of the city lying within said boundaries shall constitute the third ward. 365. Fourth Ward. The boundaries and limits of the fourth w T ard shall be as follows: Commencing at the south¬ west corner of the city limits, running thence north to a point on a line with Second avenue, thence east to B street, thence south to Fifth avenue, thence east to First street, thence south to the city limits, thence w T est to the place of beginning; and all that portion of the city lying within said boundaries, shall constitute the fourth ward. 366. Fifth Ward. The boundaries and limits of the fifth ward shall be as follows: Commencing at the southeast corner of the city limits, running thence north to second avenue, thence west to Sixth street, thence south to Fifth avenue, thence west to First street, thence south to the city limits, thence east to the place of beginning; and all that portion of the city lying within said boundaries shall constitute the fifth ward. CHAPTER III. CITY OFFICERS. 367. The officers of the city of Monmouth shall be a mayor, city council, city clerk, city collector, city attorney, city treasurer, police magistrate, city engineer, city superin¬ tendent of streets, city superintendent of water works, city marshal, sergeant of police, policemen, city fire marshal, one first and one second assistant fire marshal, inspector of mineral oils, inspector of weights and measures, weighmaster, sexton, health officer and scavenger, of which the mayor, city council, police magistrate, clerk, attorney and treasurer shall be elective, and all other officers appointive. 368. The mayor, city council, clerk, attorney, police mag- CITY ORDINANCES. 109 istrate and treasurer, shall hold their respective offices for such time as is prescribed by law, and all other officers named in the previous section shall be appointed on the first Monday of May in each year at or after the expiration of their present terms of office, or as soon thereafter as practicable, and shall hold office for one year and until their successors, are appointed and .'qualified. 369. All official bonds except when otherwise provided,by 'law or ordinance, shall be submitted to the city council for their approval, which approval when given shall be certified thereon by the clerk and said bonds shall be filed by the clerk, except the bond of the clerk which shall be filed with the treasurer. The city council may at any time require a new bond to be •executed by any city officer, if from any cause they shall deem the old bond c r sureties insufficient, but the execution of such new bond shall not in any manner affect the liability, loss or damage incurred under the old bond, or release the sureties from any liability incurred thereon. Any person having been an officer of the city of Monmouth, shall, within five days after notificaiion and request, deliver to his successor in office, all property, books, papers, plats, maps, records and effects of every description in his possession be¬ longing to said city, or appertaining to his said offic e, and upon his refusal to do so, he shall be liable for all the damages caused thereby, and in addition thereto a penalty of not less than twenty-five dollars or more than two hundred dollars, in the ■discretion of the court, upon conviction. All city officers elected or appointed (except the clerk, police magistrate, aldermen and mayor) shall be commissioned by warrant, under the corporate se d, signed by the clerk and the mayor, or presiding officer of the city council, and the mayor or presiding officer of the city council shall issue a cer¬ tificate of election, under the seal of the corporation to the clerk thereof. 370. City officer’s commissions shall be substantially as follows: STATE OF ILLINOIS, ) Warren County. f-ss. Warrant and Commission. City of Monmouth. ) To all whom these Presents shall come . Greeting'. 3 O Know ye, that A. B. having - been on the_day of_ 19-duly elected (or appointed) to the office of_in and for the said city of Monmouth, and having taken the oath of office and given bonds as required, he is hereby commissioned to act in and exercise the authority of said office until the.day of__ 110 CITY ORDINANCES. 19_, and until his successor shall be elected (or appointed) and' qualified. In witness whereof this warrant is signed by the clerk and mayor of said city and the corporate seal thereof is hereunto affixed this* ..day of_A. D. 19. [Seal.] By the Mayor, Mayor. City Clerk. 371. All officers collecting or receiving any moneys on ac¬ count of the city, shall pay the same as fast as collected into the city treasury, and shall, at the first regular meeting of the city council in each month, report to the council an accurate statement of all moneys received by them during the preceding month, specifying the amount, from whom, and on what account received. No officer shall retain any moneys collected or received by him, toward the payment of any salaries or fees which may be coming to him from the city, but shall pay the same into the treasury. Any officer violating any provision of this section shall be subject to a penalty of not less than ten dollars, and shall also be subject to removal from office. 372. .Whenever any city officer shall neglect or refuse to pay over any moneys, or to make proper settlement of his accounts, or of any claim of the city placed in his hands for col¬ lection as required by ordinance, or whenever upon the adjust¬ ment of the account of any city officer, any moneys shall be found due by him to the city, and the same shall not be paid immediately into the city treasury, and the treasurer’s receipt therefor filed with the city clerk, the city clerk shall forthwith report such officer, with an abstract of his account, to the city council. 373. Notice thereof shall be given to such officer, and to his sureties, by the mayor, and unless such account be rendered and the amount due paid within ten days after such notice, suit shall be brought on his official bond for the amount with which he stands charged, or such other measures taken as will secure the city from loss. An abstract of the account of such officer, certified to by the city clerk, under the corporate seal, shall be- delivered to the city attorney. 374. The salaries of all city officers, unless where other¬ wise specially provided, shall be paid in monthly installments; and they may present their accounts to the city council for adjustment. But no warrants shall be drawn in favor of any officer for the payment of his salary until he shall have filed his report as is herein required; nor shall any warrant, in any case,. CITY ORDINANCES. m be drawn in favor of any officer who shall be in default or arrears to the city. 375. The records, books and papers pertaining to any city officer, shall, at all reasonable times, be subject to the inspec¬ tion and examination of the mayor the city council, or any of its committees, or any person interested in the same; and all city officers shall, when requested, give all the information in-' their power pertaining to their respective offices, to the city council or any of its committees, the mayor, or any other department of the city government. 376. The committee on finance of the city counc i shall prescribe the manner in which the books and acounts of all city officers shall be kept, in order to establish uniformity therein. They shall, at least quarterly, examine the books, accounts and pipers of all city officers, and see that they are properly, reg¬ ularly and neatly kept and preserved, and that the books, accounts and papers belonging to the offices of the clerk, treas¬ urer and collector, are secured from loss or accident by fire: and- they shall report to the city council any neglect or refusal on the part of any city officer to keep his books or accounts properly, or to preserve any papers pertaining to his office. 377. Whenever the city clerk, collector, superintendent of streets, superintendent of water works, sexton or any police officer or custodian of fire apparatus shall desire to be tempor¬ arily absent, he shall apply to the city council, if in session, or if not, to the mayor, for leave of absence; which may be granted for any time not exceeding one month. 378. All officers shall be liable to the city for all loss or- damage that may arise from their omission of duty, corruption in office, or w T illful misconduct in the discharge of any official ' duty; and the city council may, in their discretion, by order, withhold the salary of any officer in order to secure the city- from loss. And if any officer shall fail, neglect, or refuse to*. discharge or perform any duty required of him, the city council" may employ or appoint some competent person to perform such duty, and the cost and expense of doing the same shall be charged to such officer and deducted from his salary; or, if his- salary shall be insufficient to pay the same, they may be recov¬ ered by suit in the name of the city before any court having- jurisdiction. 379. Every city officer not required by the general incor¬ poration act so to do, shall annually at the close of the fiscal* year, report to the city council a complete statement of the- transactions of his office for the preceding year. 112 CITY ORDINANCES. 380. The committee on finance shall make settlement with ifcil’l'city officers at the expiration of their terms of office, and report the same to the city council. If they shall be unable to make settlement with any officer they shall state the fact, and >the causes which prevent such settlement. 381. Any city officer who shall give any false or fraudulent 'certificate of any matter or thing to the prejudice of the city, or contrary to the truth and to the duty of such officer in that ; belialf, shall on conviction be subject to a penalty of not less than ten dollars. 382. Any city officer, upon whom the duty devolves, is hereby authorized to demand and receive as fees for the use of the city (except where provisions is herein made to the contrary): Administering oath and attesting the same, 25 cents. For certified copies of any record, each one hundred works, 25 cents. For each building permit, $1.00. For all other written permits, 50 cents. For making deeds, $L.00. CHAPTER IV. THE MAYOR AND HIS DUTIES. 383. 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 ‘or ordinance may require his official signature. 384. The mayor shall grant all licenses authorized by this ordinance, the granting of which is not otherwise provided for herein, to such persons as he may deem proper, according to the ordinances of the city unless the city council shall otherwise designate, and may revoke the same in accordance with the provisions herein. 385 The mayor shall supervise the conduct of all officers of the city; examine the grounds of all reasonable complaints made against any of them, and cause all their violations of duty and other neglects to be promptly punished or reported to the proper tribunal for correction. 386. The mayor shall appoint by and with the advice and consent of the city council all officers whose appointment is not by law or ordinance otherwise provided for; and whenever a vacancy shall happen many office, which by law he is empow- CITY ORDINANCES 113 nt peddler or hawker failing to comply vfith the provisions of this section shah each forfeit and pay to the said city a sum of not less than five dollars nor more than ten dollars, with the costs of prosecution for each and every day such person or persons shall use any weights, measures, or any instrument in weighing or measuring without having the same inspected and sealed as hereinbefore provided, after having been notified so to do by the inspector. 514. Any person who shall sell or offer for sale, any fruit, vegetables, berries or grain of any description, or any article Q f dry measurement within the city of Monmouth, in wine me asures or in any other than legal dry measures, which shall Pave been rated by the inspector of weights and measures, whether of pint, quart or any other contents; or who shall practice deceit or fraud in the sale of wood or coal, by sellin for a cord of wood less than 128 cubic feet of wo d, or for ton of coal less than 2000 pounds of coal, shall be subject to a be & 142 CITY ORDINANCES. fine of not less than five dollars nor more than twenty-five dollars. 515. Any person who shall in weighing or measuring any article for purchase or sale, within the city of Monmouth, use any weight, measure, scale beam, patent balance, steel -3 ard, or other instrument not sealed, or without having first obtained the aforesaid certificate from the inspector as required by this- ordinance, shall be subject to a fine of twenty-five dollars for each and every offense. 516. No person shall refuse to exhibit any weights, meas¬ ures, scale beams, patent balances, steel-yards, or other instru¬ ments used in weighing and measuring to said inspector for the purpose of being so inspected or examined, nor shall in any way or manner hinder or obstruct or molest said inspector in the performance of the duties as hereby imposed upon him; and any person violating any of the provisions of this section shall be subject to a fine of twenty-five dollars for each and every offense. 517. The city clerk at the expense of the city, shall pro¬ cure correct and approved standards of weights and measures of the standard adopted by the state of Illinois, with their necessary subdivisions, together with the proper beams and scales, for the purpose of testing and proving the weights and measures of said standard used in the city. CHAPTER XX. WEIGHM ASTER. 518. It shall be the duty of the weighmaster to attend te> the city scales at all reasonable times, to weigh or measure any load for any person who may desire; and he shall keep an account of the weight or measurement of such load, the date of the same, and the name of the person for whom weighed or measured, and shall furnish to him a certificate for each load, which certificate shall contain the gross and net weight or measurement of such load, date and name of person; and he shall compute the net weight or measurement into the other denominations according to the standard of weights and meas¬ ures of the state of Illinois, and a table of standard weights and measures shall be posted at some conspicuous place in his office. 519. He shall give no certificate for any load w T eighed by him without having weighed the empty wagon or vehicle within CITY ORDINANCES. 14S twelve hours before or twelve hours after such load was weighed, unless he has the consent of the buyer of the load. It shalL be the rule that the driver of all teams be off the wagon when weighed, and it shall be the duty of the city weigher to mark on the certficate any deviation from this rule. 520 He shall report monthly to the city council an aggre¬ gate of the amount of the receipts of the city scales; and shall exhibit to said board the receipt of the city treasurer for what¬ ever sum may be due the city. 521. The charge for weighing each and every load, or other article or thing, or measuring each load of wood, shall be ten cents to be paid by the seller. CHAPTER XXI. OFFICIAL BONDS. •522. The several city officers except aldermen shall before¬ entering upon the discharge of the duties of their office give bond to the city of Monmouth in the sum hereinafter named for their respective offices, which bond shall be signed by the prin cipal thereof, with good and sufficient securities to be approved by the city council. 523. The bond of each such officer shall be conditioned that he will faithfully perform the duties of his office and account for and pay over to the city treasurer all moneys received by him according to law and the ordinances of the city or received by him on account of or belonging to the city, and that he will turn over all other property in his possession be¬ longing to the city to his successor in office or to other proper officer. 524. No member of the city council or officer of the city shall be received as surety on the official bond of any city officer, nor on any other bond given to the city by any other person for any purpose whatever. 525. The several city officers hereinafter named shall give-, bonds as herein provided, as follows: The mayor in the sum of three thousand dollars. The city clerk in the sum of five thousand dollars. The city attorney in the sum of one thousand dollars. The city collector in the sum of fifteen thousand dollars. The city treasurer in a sum to be fixed by resolution of the city council each year, which sum shall not be less than the 144 CITY ORDINANCES. amount of the estimated taxes and special assessments for the current year. The city engineer in the sum of one thousand dollars. The city superintendent of streets in the sum of five thou¬ sand dollars. The city superintendent of water works in the sum of five thousand dollars. The city inspector of mineral oils in the sum of five hun¬ dred dollar.-, payable to the people of the state of Illinois The city inspector of weights and measures in the sum of one thousand dollars. The city weighmaster in the sum of five hundred dollars. The city sexton in the sum of one ihousand dollars. The city marshal in the sum of five thousand dol ars. The sergeant of police in the sum of two thousand dollars. • Each policeman in the sum of five hundred dollars. The fire marshal in the sum of one thousand dollars. Each assistant fire marshal in the sum of five hundred dollars. The city health officer in the sum of five hundred dollais. The city scavenger in the sum of five hundred dollars. CHAPTER XXII. SALARIES, FEES AND WAGES OF OFFICERS AND CERTAIN EMPLOYES. 526. The salary, fees and compensation of said officers and other persons rendering service to the city when not otherwise specially provided for shall be as follows: The mayor, per annum, six hundred dollars. The aldermen, each, $3.00 for each meeting actually attended by him The board of health, each member shall have a reasonable compensation for services rendered. The city attorney, per annum, six hundred dollars. The city clerk, per annum, seven hundred dollars. The city collector, per annum, seven hundred dollars. The city engineer, per annum, five hundred dollars, pro¬ vided that for services rendered upon public improvements CITY ORDINANCES 145 'where such improvements are paid for by special taxation or special assessment, he shall receive in addition the sum of $4.00 per day to paid out of the special taxes or special assess¬ ments collected for such improvements. The city inspector of mineral oils, for inspecting, branding or condemning each tank of oil $5 00, to be paid by the party requiring the inspection. The city marshal, per annum, seven hundred dollars. The sergeant of police, per annum, six hundred dollars. Policemen, regular, each per annum, six hundred dollars. Policeman, regular, janitor at court house, per annum, one hundred and twenty dollars. City fire marshal, per annum, one hundred dollars. Custodian of engine house No. 1 and No. 2, per annum, each, six hundred and sixty dollars. Custodian of hose house No. 3, per annum, thirty-six dollars. The payment of the fees and compensation of the police magistrate or any justice of the peace in all prosecutions for the violation of any ordinance of the City of Monmouth in which the costs or any part thereof shall be adjudged against said city, shall in each instance be in the discretion of the city council, provided that in no suit shall any fees be allowed unless the suit was authorized by some city officer. City scavenger for emptying one barrel of slop not to exceed forty two gallons, 35 cents; one half barrel, 25 cents; for clean¬ ing privy vaults $3 00, or in case the contents exceed fifteen cubic feet at the rate of 10 cents each additional cubic foot. The city sexton, per annum, the sum of six hundred dol¬ lars with the use of house in which he lives and all of the grass off the grounds, he to furnish a horse for use on grounds, the city to furnish cart and harness. The superintendent of streets, per annum, seven hundred dollars. • The city treasurer, per annum, two hundred dollars. The superintendent of water works, per annum, seven hundred and eighty d('liars. Water works engineers, each per annum, seven hundred and twenty dollars. Weighmaster—whatever fees may be received by him in the performance of his duties, he to pay thereout for necessary fuel. 146 CITY ORDINANCES. Provided, that until the expiration of the present term of office held by each officer, he shall be paid such fees or salary as is now provided by law or ordinance. CHAPTER XXIII. OFFICERS—UNIFORMS. 527. That hereafter the city marsha 1 , sergeant of police, policemen on regular duty, custodians of fire apparatus whose time is fully paid for by the city, and the city sexton, shall wear uniforms in accordance with the following specifications: 528. All uniform garments for members of the police de¬ partment for summer and winter wear must be warranted not to fade or change color, which must be dark blue and must be made of the following weights: For overcoats smooth finish, 26 ounces; for pants (doeskin), 26 ounces; for blouse suits, 19 ounces. 529. For city marshal: The overcoat shall be a double breasted frock coat, with rolling collar of same cloth 2-J- inches deep; two gold six point stars $ inch in diameter. The waist to extend to the hip and the skirt to four inches below the bend of the knee; eight buttons on each side in groups of two; two on the hip; two on the bottom of each pocket and three small buttons on ihe under seam of cuffs sunk; body of coat to be lined wfith double warp black serge, and sleeves of printed satin cloth. 580 Sergeant of police: Same as for marshal, except on the collar one go’d six pointed star. The gold wreath of the helmet shall encircle the words, “Sergeant of Police, ” in silver letters worked on light blue cloth. 531. For regular policemen- Same as for sergeant of police, except the collar shall be without stars; tw T o small but¬ tons on the under seam of the cuffs sunk. The wreath on the helmet shall encircle the number of the officer, corresponding with the star number. 532. The body coat shall b^a single breasted sack coat, double stitched, length to extend four inches below crotch; collar of same, cloth tw T o inches wide and buttoned close to the chin; to be made without wadding, and to have two inside pockets in breast. Stars on collar of marshal and sergeant of police same as on overcoat. The vest, single breasted, with eight buttons placed at equal distances, and same material as coat. Pantaloons to be made of same goods as coat, to have 147 CITY ORDINANCES. top and two hip pockets; the right hand pocket to be of chamois and eight inches deep; waistbands to be well stayed with linen canvas, seams of the seat to be well stayed with strong silicia. The gold wreath of the helmet shall encircle ihe word “Mar¬ shall" ’ in gold letters worked on darked blue cloth. Black reg- lation police helmet. White stand up collar, and black necktie. 533. A 11 uniform garments for members of fire department for winter and summer wear must be of dark blue cloth, all wool,pure indigo dyed, warranted not to fade or change its color. Coat: a double breasted,close fitting sack,cut to button within six inches of the neck, with rolling collar, to have four regulation buttons on each breast equidistant. The cuffs to be made to fit the wrist, with two small regulation buttons 1£ inches apart, with two rows of stitching to represent cuff sleeves, to be cut only as large as is convenient to wear inside an overcoat. Two pockets only are allowed to be on the inside. On each breast, outside, a pointed scalloped flap, three inches deep at the point is required, the length of the coat to be to the finger tip in proportion to the height of ihe wearer, and to be lined with black worsted serge; the sleeves to have printed sateen lining; pantaloons to be of same material as coat, cut with lap seams to tit close about the waist. The vest will be considered a part of the uniform, but custodions will be permitted to dispense with it at their option, except on full dress occasions; to be made without collar, of same cloth as coat, to button within five inches of the neck, with seven small regulation buttons, and to have three plain pockets. Shirt for winter wear will be made of blue flannel and double breasted with rolling collar. Caps, blue cloth, same shade as uniform, with straight leather brim, with device of silver with the letters “M. F D. ”; for summer wear such headgear as may be adopted by the chief fire marshal 534. The uniform of the city sexton shall be of cadet gray, warranted nob to fade or change its color. Coat: A double breasted close fitting sack with rolling collar, to have four plain silver buttons on each breast equidistant. The cuffs to be made to fit the wrist, with three small plain silver buttons li inches apart, with two rows of black braid to represent cuff sleeves, to be cut only as large as convenient to wear inside an overcoat. Two pockets only are allowed to be on the inside. The length of the coat to be to the tip of the finger in propor¬ tion to the heighth of the wearer, and to be lined with serge; the sleeves to have printed sateen lining. For summer wear the coat may be of lighter material without lining. Pantaloons to be of the same material as coat, cut with lap seams to -fit 148 CITY ORDINANCES. close about the waist. The vest to be made without collar, of same cloth as coat, to button within five inches of the neck, with seven small plain buttons, and to have three plain pockets. The head gear will be the regulation police helmet of light ■color; in front a silver wreath encircling the words “City ■Sexton.” The police star shall be worn outside the coat. CHAPTER XXIV. ADDITIONS. 535. Any addition which may be made to the City of Monmouth, or any lands within the same which may be sub¬ divided and laid out into lots or blocks, shall also be laid out, surveyed and platted, so that the blocks or other subdivisons thereof shall conform to the regular blocks of the addition or additions adjoining such proposed addition or subdivision, and the streets and alleys shall correspond with, and conform to the previously established streets and alleys with which they may connect, and shall continue the same. And in addition to the requirements of the laws of the state, ’lie plat of such ad¬ dition shall show the relation of the addition to the adjoining additions already platted, and shall give in place upon it in feet and decimals of a foot the dimensions of all the lots, blocks, streets and alleys, and there shall be placed at opposite corners of each block of such addition an iron rod not less than one inch in diameter and 24 feet in length, driven so that the top thereof shad be even with the surface of the ground. 536. Any owner or agent of any real e-tate who may wish to lay out any addition or subdivision of lands within said city shall submit his map or plat of such p;oposed division or sub¬ division to the city council and obtain its approval of the same, which approval shall be certified thereon by the city clerk, and any such owner or agent who shall before obtaining such ap¬ proval, sell or offer for sale or lease for any time exceeding five years any lot or block in said city or any addition thereto or any re-subdivsion of any lot or block therein before he shall have obtained said approval by the city council shall be fined $25.00 for each lot or block or part thereof so disposed of, offered for sale or leased. CITY ORDINANCES. 149 CHAPTER XXV. ANIMALS. 537. That the running or being at large within the*corpor- ate limits of said city, and the herding, grazing or pasturing upon the streets, alleys or commons of said city, of any horse, mare, ge'ding, colt, mule, ass, jenny, bull, ox, steer, cow, calf, goat, sheep, hog, shoat, pig or goose, is hereby declared a nui¬ sance and the owner or person having charge of any of said animals, who shall suffer the same to run at large within the said limits, or who shall herd, or graze or pasture the same upon ihe streets, alleys or commons of said city, except as hereinafter provided, shall be fined in any sum not less than one dollar nor more than ten dollars for every animal so being at large, or grazed, herded, or pastured upon said streets, alleys or commons of said city. 538. Whoever being the owner or keeper of any goose, duck, turkey, hen or btlier domestic fowl, shall permit the same to run at large beyond the premises of the owner or keeper to the inconvenience of persons residing in the neigh¬ borhood, shall be subject to a penalty of not less than one dollar. ♦ 539. It shall be the duty of the city marshal by and with the consent and approval of the mayor of said city from time to time as may be necessary, to provide a pound or suitable place for the purpose hereinafter mentioned. 540. It shall be the duty of the city marshal and every police officer of the city when informed of the fact by any •competent witness or by his knowledge, to take up and confine any animal found running at large within the limits of the city in violation of this ordinance, and impound the same. 541. Any resident of the city may take up and deliver to the marshal or officer in charge of the grounds where estrays are kept by the marshal, any animal above named running at large in the city. The person taking up such animal shall make and deliver to the city marshal, to be by him tiled with the city clerk, an affidavit setting forth when and wdiere such animal w r as taken up. 542. The city marshal shall, within twelve hours after tak¬ ing up or receiving such animal or animals, leave a description of the same in the office of the city clerk, who shall make a record thereof in a book for registering estrays, and post a notice thereof at the street entrance to his office for three days, unless the owner or owners of said animal shall be sooner found. 150 CITY ORDINANCES. 543. All animals so taken up, while in the custody of the marshal, shall be confined in such place as may be provided therefor, and shall be properly fed, watered and cared for. The charge for such keeping, care and feed shall be, for horses, mules, “asses and cattle, thirty-live cents per day for each ani¬ mal, for the other animals named fifteen cents per day for each animal. 544. At any time while any such animal is in the custody of the marshal, any person entitled to the possession thereof may redeem the same by paying the marshal all charges thereon and all legal fees and costs then accrued. 545. If the owner or keeper of .any such animal or animals shall not, within three days after the same has been first so posted by the clerk appear, pay the charges thereon and take the same away, the marshal shall make complaint before any justice of the peace or police magistrate in the city. Such complaint shall contain a reasonably accurate description of such animal or animals, together with the name of the owner or owners thereof, if known, or if unknown, the complaint shall so state. It shall thereupon be the duty of such magistrate if the name or names of such owners be known, to issue a summons to such owner or owners to appear and show cause why such animal or animals shall not be sold at public vendue to pay the costs and charges thereon, including the costs and charges of proceedings before such justice. Such summons shall contain a description of such animal or animals, and shall in the first instance be returnable at any time not less than two nor more than ten days thereafter; but personal service thereof shall be had at least one day before trial. The persons taking up such animals shall be notified to appear and testify at the trial of such cause. If the name or names of such owner or owners be unknown, or such summons be returned endorsed “not found,” it shall be the duty of such magistrate to prepare at least three notices, substantially like the summons hereinbefore mentioned, to be directed to such unknown owner, or person not found, in which notices shall be fixed a day for trial not less than ten days from the date of issuance and posting, which shall be immediately delivered to the marshal who shall, at least ten days before said day of trial, post the same in three of the most public places in the city. Upon such trial day, if due ser¬ vice of notice appear, the magistrate shall proceed to hear the evidence, which shall include evidence as to the value of such animal or animals. If such taking up be found lawful, and all costs and charges be not paid, the magistrate shall render judgment against each animal for the amount of costs and charges properly taxable against the same, including the esti- CITY ORDINANCES. 151 mated cost of keeping the same to the day of sale and stating the value of each animal as found by him upon the evidence. If the taking up of such animal be adjudged wrongful, or if the person Who took up such animal shall fail to appear and testify at the trial, the costs of such proceedings may, in the discretion of the magistrate be taxed against the person who took up such animal. If said judgment or any part thereof shall remain unpaid on the day following, an order of sale shall thereupon issue, to the marshal, who shall proceed to sell the same at public vendue to the highest bidder for cash, first giving ten days’ notice of the time and place of sale by at least three notices, posted in three of the most public places in the city, and if the value of such animal or animals, so found by said magistrate, exceed $25, he shall also publish such notice at least once in the official newspaper. At the time and place of sale, if the costs and charges so assessed against one or more of said animals be unpaid, the marshal shall sell the same as above pro¬ vided, and from and out of the proceeds of the sale of each animal shall, first, reserve and pay all costs, charges and assess¬ ments thereupon levied, and the surplus if any, to the owner or owners, if known, on request, within ten days thereafter; if the owner be unknown, or such surplus be not called for within ten days he shall pay the same to the city treasurer, who shall keep it for one year in a separate fund, subject to the order of the proper owner, and thereafter it shall be put in the common fund. 546. The fee of the marshal for taking up or receiving shall be for horses, mules, asses and cattle fifty cents each, for the other animals named twenty-five cents each; the fees of the clerk for registering and posting notices, each, thirty-five cents. The fees of justices and officers shall be as near as may be the same as in attachment cases for similar services. Such fees shall be paid only from the money received for redemption or the proceeds of sales of such animals, or collected as costs. If the amount received from the sale of any animal or collected as costs shall be insufficient to cover all fees, costs and charges, the charge for keeping, care and feeding shall first be paid and the remainder of costs, fees and charges shall be paid pro rata. 547. For the purpose of carrying out the provisions of this chapter the marshal may, with the approval of the mayor, employ one or more assistants for such time as their services may be needed and satisfactorily rendered. Such assistants shall perform such duties as may be assigned to them by the marshal in the taking up, care and custody of estray animals. Such assistants shall have while employed, police powers. The compensation of such assistants shall be the fees collected for 152 CITY ORDINANCES. the taking up of animals taken up by them, and a further com¬ pensation not exceeding twenty-live dollars per month for the time in actual service. 548. The marshal shall make monthly reports to the coun¬ cil of all moneys received under the provisions of this chapter in relation to animals taken up running at large, and all expenses incurred in the taking up, care and custody of such animals and the proceedings connected therewith. He shall pay to the city treasurer any surplus in his hands as shown by such report. The amounts so paid together with all appropriations made by the council for the purpose shall constitute a fund for the pay¬ ment of any deficiencies as shown by any monthly report. 549. Any person who shall knowingly suffer any dead ani¬ mal belonging to him not killed for and proper for food; to remain within the city, or within one-half mile thereof, without being so buried as to prevent it from becoming putrid or offen¬ sive to any person residing within the city, shall be guilty of a nuisance, and shall be subject to a penalty of not less than live dollars, and in addition thereto shall be liable to the city for the cost of the removal, burial and abatement of such nuisance. CHAPTER XXVI. CEMETERY AND BURIAL OF THE DEAD. 550. The premises now used by the city of Monmouth as a burial ground and known as the city cemetery and situated in the northwest corner of the N. E. \ Sec. 29 and the southwest corner of the S. E..^ of Sec, 20 in township 11 N. Range 2 W. in Warren county, Illinois, and any additions which may be made thereto shall be and the same are hereby declared to be the public burial ground of Monmouth and shall be known as the city cemetery. 551. No burial or interment shall be lawful in the cemetery of the city of Monmouth nor shall any dead body be removed from said city until a permit for such burial, interment or removal shall have been lirst obtained from the health officer of said city. 552. Such permit shall be issued by the health officer upon his receipt of the usual certificate of death, signed by (1) the attending physician in the case; or, if none, by (2) one of the parents of the deceased; or, if none, by (3) the nearest of kin not a minor; or, if none, by (4) the resident householder where the Heath occurred; or, if none, by (5) any reputable citizen CITY ORDINANCES. 153 cognizant of the facts and circumstances of the death; or, if the death be the subject of an inquest, by (6) the coroner or other officer holding said inquest. 553. It shall not be lawful for any burial or interment to be made at any place within the corporate limits of the city except in the cemetery belonging to the city, nor until a receipt for the cemetery fees be obtained from the city collector or in his absence, the city clerk. 554. The city collector, or in his absence the city clerk,, shall issue the receipt for the cemetery fees only upon pay¬ ment of the same by the person applying for the receipt, and upon presentation of the burial permit. 555. The burial permit and receipt for the cemetery fees shall entitle the person applying for the same to the services of the city sexton, and in no case shall the sexton permit a burial or interment to be made in the cemetery except upon presenta¬ tion of both the burial permit and receipt for the cemetery fees. 556. The cemetery fee shall be as follows: For interment of the body of a child of nine years or under, two dollars; for interment of the body of a person of any other age, three dol¬ lars; for removal and re-interment of the remains of any per¬ son from one place to another within the cemetery, when the remains are those of a child nine years of age or under, $4; of any other age, $6. And in all cases arising under the foregoing section, a receipt for the fees for removal and reinterment shall first be obtained in like manner as receipts for other cemetery fees. 557. Any undertaker or sexton, and each and every other person engaged or concerned in a burial in violation of any of the provisions of this chapter, and the officers and employes of any transportation company, or any other person or persons engaged or concerned in the removal of a dead body from said city in violation of the provisions of this chapter, shall be sub¬ ject to a fine of not less than ten dollars nor more than fifty dollars for each offense. 558. The health officer shall enter in a suitable book, to be kept for that purpose, a record of all burial permits issued, and permits for removal, specifying the date of issue and to whom issued, together with all the items of information contained in the certificates upon which the issue of such permits is based;, and he shall forward to the county clerk of Warren county, at the end of each month, all of said certificates so received during the month. 559. All moneys arising from the sale of cemetery lots. 154 CITY ORDINANCES. from cemetery fees, and from extra work done by the sexton or under his direction shall be used for the improvement and beau¬ tifying of the cemetery grounds and for no other purpose what¬ ever. 560. It shall be the duty of the city collector and treasurer to keep all the moneys received from such sales, cemetery fees and extra labor in a separate and distinct fund, from all other moneys, and each shall report to the city council once in each quarter the amount of said fund in his hands at the time of such report, with the amount paid out for improvements during the preceding quarter and all orders drawn on said fund shall have endorsed thereon the words “Cemetery Fund.” 561. The valuation of the lots in the cemetery grounds of the city shall be determined by the city council, and a record of such valuation shall be presented to the city collector by the city clerk, and kept in a book provided for that purpose. 562. The cemetery lots shall be sold in the manner pro¬ vided by the city council, at such times as they may determine, at public or private sale. 563. Deeds to such lots shall be executed by the mayor, in the name of the city, and attested by the city clerk, and shall vest in the grantees all of the title of the city in and to said lots, subject, however, to all such changes and assessments as may from time to time be made against said lots by the city council for the purpose of improving and keeping the cemetery grounds in repair. 564. The city clerk shall charge for such deeds, for the use of the city, such fees as the council may provide. 565. It shall be the duty of the city collector to procure a well bound book, in which he shall keep a record of the descrip¬ tion of the cemetery lots, the value of each lot, the names of the purchasers, and the date of sale. 566. Whenever any person shall desire to purchase any lot subject to sale at its appraised value, he shall pay to the said collector the appraised value thereof, whereupon it shall be the duty of the city collector to execute his receipt for said pur¬ chase money, stating therein the number of the lot and the block, for which said money is paid; and on the presentation of .said receipt to the mayor and city clerk, it shall be their duty to execute a deed for said lot, the purchaser paying all expenses (.of said deed. 567. Block seven North addition in the cemetery grounds shall be set apart as a public burying ground for the burial of strangers and indigent persons. The sexton shall, at the time CITY ORDINANCES. 155 of such burials, designate the manner in which the same shall be made. 568. Lot 121, Block 9, original cemetery grounds, and Lot 11, Block 2 of the sub-division of Blocks 1 to 6 in the North addi¬ tion thereto shall be and the same are hereby set apart as a burying ground of such soldiers and sailors of the wars of the United States as it may be deemed necessary or advisable to inter in such grounds. 569. No person who has not been a resident of the city for six months preceding his or her decease shall be buried in that part of the cemetery known as the public burying ground except upon the written permission of the mayor, or, in his absence, the health officer, nor without the payment to the city collector of the regular cemetery fees. 57,0. In all graves in the city cemetery the top of the box containing the coffin shall be at least four feet below the surface of the ground; all fencing, monuments, vaults or ornaments shall be so built and placed as not to obstruct any walk, lane, or avenue, or access thereto. Any person violating this section shall for each offense be subject to a penalty of not less than $5.00. 571. Whoever shall wilfully or negligently destroy, muti¬ late, deface, injure, cut or in any manner disturb, except by consent of the owner of the property or of the authorities in charge, any tomb, monument, stone, ornament, walk, drive, fence railing, tree, shrub, flower, plant, building, structure, fixture or property of any kind in the city cemetery, or shall drive any wagon or other vehicle, or ride any horse, except in the desig¬ nated driveways, or shall bring any stone to be dressed in such cemetery, or shall, without the consent of the sexton plant any shrub, vine, bush or other thing therein, or shall be guilty of gambling, or of obscene, lewd or lacivious conduct or behavior therein, or shall use profane, vulgar, obscene or indecent language therein, or create any disturbance, or be guilty of any disorderly conduct therein, shall be subject to a penalty of not less than five dollars for each offense. 572. Any person who shall dig a grave or vault in said cemetery ground, in any street or alley thereof, or upon any lot therein, without the consent of the owner of said lot, or if said lot is unsold, without the consent of the sexton, shall, on con¬ viction, be fined not less than five nor more than twenty-five dollars. 573. Any person who shall open or in any way disturb any grave, vault, or other place for the deposit of the dead, within said ground, not being the nearest of kin to the deceased per- 156 CITY ORDINANCES. son, a near relative of the deceased person, or legally entitled to disturb or open said grave, vault, or other place of deposit for the dead, except for the purpose of repairing or improving the same, shall, on conviction thereof, be tined in any sum not less than twenty-five nor more than two hundred dollars. 574. All persons must enter and leave the cemetery through the open gates, and when on the cemetery grounds, they must keep on the streets, lanes and alleys, and no person shall be permitted to go upon or across any lot of the cemetery unless he be the owner thereof, or have permission from the owner or sexton so to do; and visitors shall not be allowed upon the cemetery grounds after the hour of 8 p. m., without the permission of the sexton. 575. No minor shall be alkrwed on the cemetery grounds at any time except when attending a funeral or accompanied by parent, guardian or adult brother or sister, or when expressly permitted by the sexton. 576. Any person or persons guilty of a violation of any of the provisions of this chapter, for which no penalty is provided, shall, upon conviction, be fined not less than three nor more than fifty dollars for each offense. CHAPTER XXVII. CURFEW. 577. It shall be unlawful for any parent, or person having children under their control under the age of 15 years, to permit the same to go at large upon the streets, avenues or public grounds of the city unattended by parent or guardian after the hours of 9 o’clock p. m. during the months of May, June, July and August of each year, or after the hours of eight o’clock p. m. during the other months of the year. Any person who shall violate the provisions of this section shall be fined any sum not exceeding ten dollars for each offense; provided that nothing in this section shall be construed to pre¬ vent parents or those having children under their control per¬ mitting them to be upon said streets, avenues or public grounds in case of necessity or upon business. 578. It shall be the duty of the water works superinten¬ dent to procure a suitable whistle, different from that used to sound the fire alarm, and it shall be the duty of the engineers at the pumping station to blow one long blast upon said whistle at the hour of 9 o’clock p. m. during the months of May, June, I CITY ORDINANCES. 157 July and August, and at 8 o’clock during the other months of the year, and after said alarm has been sounded it shall be unlawful for any person under the age of 15 years to loiter upon or engage in any kind of amusement upon the streets, avenues and public grounds of the said city, and any person so found shall be liable to arrest and upon conviction thereof may be fined in any sum not exceeding ten dollars, for each offense. 579. It shall be the duty of the city marshal and police officers of said city to enforce the provisions of the foregoing ordinance. CHAPTER XXVIII. DOGS. 580. Every owner of, or person who keeps or harbors any dog or dogs within the limits of this city, shall report to the city collector annually within thirty days after the first day of May in each year his or her name and address, and shall give the name, breed, color and sex of each and every dog owned, kept or harbored by such person, and shall pay to such officer the sum of one dollar for every male dog and of two dollars for every female dog owned, kept or harbored, and shall cause such dog or dogs to be registered for license in the office of said city collector, who shall furnish the person paying the license there¬ for with the metal tag or check, as hereinafter provided. 581. The city collector shall keep a complete registry, in a book kept for that purpose, of all licensed dogs, describing the same by name, breed, color and sex, and shall also enter the name and address of the owner or keeper as given, and the number of the city license, tag or check. He shall also provide each and every year such number of metal tags or checks as may be necessary (the shape to be changed each year), having stamped thereon the year for which the license is issued, the letters C. D. T., and also the number of the tag or check, and it shall be the duty of the collector to deliver one of such tags or checks, numbered to correspond with the number of the reg¬ istry of the dog to the person having paid the license tax upon any such dog. 582. The city collector shall annually, between the first Monday and the fifteenth day of May in each year, cause to be published in at least one of the newspapers of general circula¬ tion published in said city, and also cause to be posted gener- 158 CITY ORDINANCES. ally throughout the city, printed notices notifying all persons owning, keeping or harboring any dog or dogs within the city to register the same and pay the license tax thereon at the city collector's office on or before the first day of June thereafter: but the omission to give such notice shall not excuse any person for any violation or failure to comply with any of the require¬ ments of this chapter, or relieve any person of any liability thereunder. 583. Every dog shall be provided by its owner or keeper with a collar, to which shall be securely attached and kept the license tag or check furnished by the city collector as herein¬ before provided. No dog shall be permitted to run at large within the city, unless the owner or keeper- thereof shall have caused such dog to be registered and licensed and provided with such collar and tag or check. Every dog found running at large within the city, without being regis¬ tered, or without the proper metallic tag or check attached thereto, is hereby declared to be a public nuisance, and shall be abated by being taken up and impounded, and if not re¬ deemed as hereinafter provided, shall be destroyed. 584. Whenever the mayor shall deem it necessary to in¬ sure public safety, he shall issue his proclamation by notice in some newspaper of general circulation published in the city, prohibiting all dogs from running at large within the city, unless the same shall be securely muzzled so as to effectually prevent them from biting any person or animal, and such pro¬ hibition shall continue in force until public notice of the discon¬ tinuance thereof shall in like manner be given by the mayor. Any dog found running at large in violation of this section shall be deemed to be a public nuisance and shall be taken up, im¬ pounded and disposed of as hereinafter provided. 585. Any owner or keeper of a dog who shall knowingly suffer or permit the same to run at large in violation of any of the provisions or requirements of the two preceding sections of this ordinance shall on conviction be subject to a penalty of not less than two nor more than ten dollars for each offense. 586. It shall be the duty of the city marshal and all police¬ men, and such other persons as may be employed to catch dogs, to take up and impound in such place as shall be pro¬ vided by the mayor or by the city council for that purpose, to be known as the ‘ dog pound,*’ any dog found running at large within the city in violation of any of the provisions or require¬ ments of this ordinance. 587. The city marshal is hereby authorized to employ, by and with the consent of the mayor, one or more competent per- CITY ORDINANCES. 159 sons, as he may deem necessary, to have charge of the dog pound, and to aid him in enforcing the provisions of this ordi¬ nance. Such persons so employed may be vested with police power, and shall receive for their services, in addition to the fees for the redemption of dogs as hereinafter provided, such compensation as the city council may from time to time deter¬ mine by resolution, the same to be paid from the money col¬ lected under the provisions of this ordinance. 588. Any dog taken up and confined in the dog pound as herein provided, may be redeemed by the ownor or keeper thereof at anytime within five days from the date the same was impounded, upon procuring the certificate of the city col¬ lector stating that the amount of the license tax has been paid, and paying to the pound master or party in charge of the pound a fee of fifty cents for taking up and impounding such dog, together with the costs and expenses of keeping the same, not to exceed twenty cents per day. All dogs not redeemed within five days from the date the same were impounded shall be destroyed under the direction of the city marshal and the carcass properly disposed of. 589. It shall be the duty of the city marshal to cause to be kept at the dog pound a book in which shall be recorded a com¬ plete record of all dogs impounded, giving a general descrip¬ tion of the same, breed, color, sex and any other particulars, the name of the owner or keeper, if known, date impounded and the date released or destroyed, which book shall be sub¬ ject to the inspection of the public without charge at all reason¬ able times. 590. Any dog for which a license has been paid, which may be impounded for being at large without a license tag as herein provided, may be redeemed on payment to the pound keeper of his charges as provided in Sec. 588 hereof, if it shall be made to appear to the satisfaction of the city collector by the affidavit of the owner or keeper thereof, or by other satis¬ factory evidence, that a license for such dog was procured and a collar put around its neck with the license tag attached thereto as provided in this ordinance, but that such collar or tag has been lost, and the city collector shall deliver to the person redeeming such dog a duplicate license tag to corres¬ pond with the registry, for which duplicate tag twenty-five cents shall be paid. 591. Any person causing or permitting a license tag to be attached to the collar on any dog, or causing or permitting ta be attached to the collar on any dog, a tag other than that furn- 160 CITY ORDINANCES. isked by the city collector for that purpose, or shall remove or take away the tag so furnished by the city collector from any dog, or shall in any manner interfere with or prevent any officer or employe from performing any duty required by this chapter, shall on conviction be fined in a sum not less than two nor more than ten dollars. 592. No dog shall be subject to molestation under this ordinance or under any order of the mayor, while on the prem¬ ises of its owner or keeper, and any officer of the city or employe, who shall invade private premises to capture a dog, or who shall entice or take any dog out of the enclosure of the possessor of such dog, or who shall molest or seize any dog while being held or led by any person, or who shall bring or entice into the‘city any dog for the purpose of taking up or im¬ pounding the same, shall on conviction be fined in a sum not less than three nor more than ten dollars. 593. Any owner or keeper of any bitch, who shall know¬ ingly permit or allow the same to run at large while in heat, whether she be registered or licensed as aforesaid or not, shall be guilty of a misdemeanor, and shall upon conviction be fined not less than five dollars nor more than twenty dollars for each offense. 594. On complaint being made to the mayor, of any dog within the city, which shall by barking, howling, or in any other way or manner disturb the quiet of any person or persons whomsoever, the mayor on being satisfied of the truth of such complaint shall direct a police officer to give notice thereof to the person or persons keeping, owning or harboring such dog; and in case such jDerson or persons shall, for the space of one day after such notice, neglect to cause such dog to be removed or destroyed, so as to prevent the disturbance, he shall upon conviction be subject to a fine of not less than three dollars for every day which shall elapse until such dog shall be removed or destroyed as aforesaid. 595. Any owner or keeper of a fierce or dangerous dog, who shall knowingly suffer or permit the same to run at large, whether registered or checked as aforesaid or not, to the dan¬ ger, annoyance or injury of any person, shall be subject to a penalty of three dollars for the first offensp, and to a further penalty of not less than five dollars nor more than fifty dollars for any subsequent offense. 596. The w T ord dog as used in this chapter shall be held and construed to mean all animals of the canine sjDecies, both male and female, when the sex is not stated. CITY ORDINANCES. 161 597. The provisions of this chapter shall not apply to dogs owned by non-residents, in remaining temporarily, or in pass¬ ing through this city. * CHAPTER XXIX. DRAINS. 598. No person shall construct, cause or permit to be constructed, any private drain or sewer, leading into any city sewer or drain, or leading into any sewer or drain laid in any street, alley or public grounds, or leading into any sewer or drain from which matter may pass directly or indirectly into any city sewer or any sewer or drain laid in any street, alley or public ground, without a special permit from the city engineer, or superintendent of streets. 599. No such permit shall be granted unless it is pro¬ posed to construct such drain or sewer out of vitrified sewer pipe with proper traps all to be cemented firmly together when laid, and the application shall be accompanied by a plan of con¬ struction which shall be approved by the city engineer. In the construction of such drain or sewer no variation shall be made from the plan presented with the application for permit approved by the city engineer, without the approval of the city engineer of the changes proposed. 600 The construction of such drain or sewer, shall be made under the supervision of the street superintendent, and no ditch shall be filled without the consent of the street super¬ intendent after his inspection and approval of the work. 601. When any application shall be made for a permit for the construction of any such private drain or sewer, and the connection proposed shall be through any sewer or drain owned by or constructed at the voluntary expense of any private per¬ son or corporation, the permit shall only be granted with the consent of such person or corporation, or upon condition that such compensation shall be paid such person or corporation as shall be stipulated in the permit. 602. Nor shall any such permit be granted to connect any premises with any sewer built by the city either wholly or par¬ tially by special assessment, unless such premises were assessed for the coustruction of such sewer, and the assess- 162 CITY ORDINANCES. / % ment thereon duly paid except after application made to the city council, and approval by the council. 603. Any person who shall in any manner violate any of the provisions of the foregoing sections in this chapter shall be subject to a penalty of not less than ten dollars for each offense, and shall also be subject to the payment of all damages caused by such violation. 604. No person shall permit from any premises in his or her control, to drain into any city sewer, directly or indirectly, any privy vault, cesspool or place containing any noxious or offensive matter, or without being sufficiently Hushed with water, any v T ater closet or urinal, under penalty of not less than five dollars for each offense. 605. No person shall cause or permit any exhaust or waste steam to escaj^e or be discharged, either directly or in¬ directly, into any city sewer or drain under penalty of not less than three dollars for each offense. 606. No person shall obstruct any city sewer, drain or pipe in any manner connecting directly or indirectly with any city sewer, by throwing or depositing in any such sewer, drain or pipe, or by throwing or depositing in any place from which such matter may be liable to enter any such sewer, drain or pipe, any sticks, stones, cloth, paper (other than toilet paper), or any solid matter not readily soluble in water, under penalty of not less than two dollars for each offense. 607. No person who shall have on any premises owned or occupied by him any sink, catch basin or other opening con¬ necting with any drain or pipe, connected in any manner, directly or indirectly with any city sewei, shall permit the same to be unprotected by suitable covering or strainer sufficient to exclude from the sewers, drains or pipes all matters like those prohibited in the previous section, under penalty of not less than three dollars for each offense. CHAPTER XXX. ELECTIONS. % . « 608. A general election for municipal officers, authorized by law or ordinance to be elected, shall be held in the city of Monmouth on the third Tuesday of April in each year, at such i CITY ORDINANCES. 163 places in the several wards of said city, as may be designated by the city council. 609. The city clerk shall give notice of all general or special e'ections, unless otherwise provided by law, by publish¬ ing an advertisement in some newspaper printed and published in said city, and by posting notices thereof at each of the voting places in the city, for at least twenty days prior to such election, in w r hich notice he shall state the lime and places of holding such election, and the officers to be elected. 610. When any person shall desire to contest the right of another to hold the office of alderman, to which such person claims the right, he shall, within thirty days after the election, file with the city clerk a statement in writing, briefly setting forth the points on which he will contest the election, which statement shall be verified by affidavit. 611. Upon filing such statement, said contestant shall also serve a copy thereof upon the person whose election he intends to contest, and in case he is absent, or cannot be found, then by leaving a copy of said statement at contestee’s usual place of residence. 612. Whenever said statement shall have been filed and served as aforesaid it shall be the duty of ihe contestant if he de¬ sires evidence to be taken, within five days after filing such state¬ ment to file with the city clerk a notice stating that he desires to take the depositions of witnesses upon the points arising in such case, and if the contestee desires to take the testimony of wit¬ nesses upon any of tuch points he shall within ten days after the service of notice of contest upon him, file with the city clerk a notice that he desires to take such depositions, and thereupon and not later than the next regular meeting of the city council, the city council shall fix the time and place for taking depositions of witnesses when either party may proceed to take the testimony of any witness in the manner and as pro¬ vided for taking depositions to be used in cases in chancery, before any officer authorized by law to take the same, at the time and place so fixed and continue the same from day to day thereafter until all the testimony shall have been taken. 613. In all cases of contested elections, the proofs shall be taken and filed with the city clerk as herein provided,within thirty days from the day fixed by the city council for taking the same: Provided, that the council may, from time to time, upon sufficient cause shown, extend the time for taking and filing said proofs. 614. When all the evidence shall have been taken, the same shall be filed forthwith with the city clerk, who shall 164 CITY ORDINANCES. immediately lay the same before the city council, and the coun¬ cil shall, without delay, refer the same to some appropriate committee to investigate and report upon; and upon such report being made, the council shall decide the same according to the right of the matter, and shall declare as elected the person who shall appear by the evidence to have been elected. The council may require all the testimony and proofs taken to be read in open council. 615. Whenever in case of contested election no notice shall be given by either party to take the depositions of witnesses, and the question or questions to be determined in such contest shall depend wholly upon a recount of the ballots cast at such elec¬ tion the city council at the first regular meeting after the expir ation of the time for filing notice for taking depositions shall fix a time wh^n said c mtest shall be taken up, which time shall be not later than the next regular meeting of the council, and at which time the city clerk having in his posseesion the ballots cast at such election shall in open session of the city council, open the same and such ballots shall thereupon be recounted in said open session of the city council and in the presence of the city clerk. That after said recounting the result as found by the city council shall be declared and by the clerk recorded and the ballots shall again be sealed up the said city clerk and retained in his possession to be disposed of according to law. 616. Whenever it shall appear in any case that the person receiving the highest number of votes is ineligible to the office because of any legal disqualification it shall, for that reason, be the duty of the city council to declare said election null and void, and immediately call a special election to fill said office. CHAPTER XXXI. FIRE ARMS, GUNPOWDER AND EXPLOSIVES. 617. The keeping for sale or selling of gunpowder, cart¬ ridges or loaded shells without a license therefor, is prohibited, and no license shall be issued allowing the keeping in store of more than twenty-five pounds of gunpowder at any one time, unless kept in some secure magazine or fire-proof powder-house, located at least one hundred feet from any other occupied build¬ ing, and when kept in a store or place for retail, it shall be kept in tin or other metallic cannisters or cases, and in a part of the building remote from any fire, lamp, candle or burning matter liable to produce explosion, and whoever shall violate this sec- CITY ORDINANCES. 165 tion, or any provision of it, shall be subject to a penalty of twenty dollars. 618. Every person licensed to sell gunpowder shall keep a sign with the words ‘‘Gunpowder and Ammunition for Sale,” in plain letters, in some conspicuous place in front of the building where such powder is kept. And no sales of gunpowder, ex¬ cept in unopened cans shall be made after night, and any person convicted of violation of any of the provisions of this section shall be subject to a penalty of ten dollars. 619. Whoever shall bring or cause to be brought into the city any gunpowder concealed in any box or other package marked as containing other articles, shall be subject tj a pen¬ alty of twenty-five dollars. 620. The carrying of gunpower through the streets or other public places in a careless or negligent manner, or the remaining with such powder in any public place longer than necessary for the transportation of the same from one place to another, shall subject the party offending to a penalty of not less than five dollars. 621. It shall not be lawful for any person to manufacture within the city limits any explosive material or compound to be used for any purpose, the manufacture of which would be dangerous to life or property, under the penalty of fifty dollars and the further penalty of twenty-five dollars for each and every day such explosive material shall be manufactured after notice to discontinue from the mayor. 622. It shall not be lawful to store or keep in any building, or other place, within the city, or convey through any street, alley or public place in the city, any dynamite, nitro-glycerine, or other explosive material or compound, other than gunpow¬ der, unless a permit in writing for such purpose be first obtained from the mayor, under a penalty of fifty dollars for each and every offense, and a further penalty of twenty-five dollars for each and every day such explosive material, or compound, may remain stored, kept or deposited in the city. 623. Whoever shall bring or cause to be brought into the city any gunpowder or other like explosive powder or substance concealed in any box, barrel or package, or any package or case containing gunpowder or other like explosive powder or sub¬ stance marked or purporting to be other than what such pack¬ age or case actually contains, shall be subject to a penalty of not less than ten dollars nor more than one hundred dollars. 624. No person shall carry or convey any gunpowder.gun¬ cotton, nitro glycerine, dynamite or other like explosive sub- 1G6 CITY ORDINANCES. stance, in or through any street, avenue, alley or other public place, in a careless or negligent manner, or in any quantity not exceeding five pounds, except the same be enclosed 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. 625. Any person keeping gunpowder or other like explo¬ sive material in any building within the city, shall, in writing, notify the fire marshal where in such building such powder or explosive is kept, and shall, in the event of such building taking fire, or being 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 chief of fire department 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. 626. Whoever shall, within the corporate limits of the city, fire or discharge any cannon, gun or pistol or other fire¬ arm, shall be subject to a penalty of not less than three dollars nor more than twenty-five dollars for each offense: Provided, that the discharge of fire-arms by the members of any military company, when on parade, and in accordance with the command of their commanding officer or by any officer or other person in the performance 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. 627. Whoever shall, without permit from the mayor, set off, fire or explode any toy pistol, torpedo, fire cracker, roman candle, sky rocket, or other fireworks, or shall make or kindle any bonfire within the city, shall incur a penalty of not less than one dollar nor more than five dollars for each and every offense: Provided, that the setting off or exploding of fire¬ works, or the making or kindling of bonfires, except upon paved streets, on the fourth day of July in any year, shall not be deemed violations of this section. 628. No person shall within the city, sell, loan or furnish to any minor, except the parent or guardian of such minor, any gun, pistol, fowling piece or other firearms, or any pistol or toy of any sort for the explosion of percussion caps, under a pen¬ alty of not less than five dollars. CITY ORDINANCES. 167 CHAPTER XXXII. FIRE LIMITS. 629. All that portion of said city described as follows, to-wit: Lots 5 and 6, block 6; lots 1, 4, 5, 6, block 7, and all of blocks 10, 11, 12 19, 20, 21 and 25, and all of block 24, except the west half of lots 6, 7, 10 and 11, original plat of the town of Monmouth, shall be known as the fire limits of the city. 630. No building or structure of any kind or description shall be erected or constructed within the fire limits of the city, except in the manner as hereinafter provided. 631. Before any person shall hereafter erect or cause to be erected, any building within the said fire limits he shall first make a written application to the fire marshal for a building permit, in which application he shall specify the nature, loca¬ tion, material and dimensions of the proposed building. In case it appears from the specifications in such application that the proposed building is within the provisions of this article, the fire marshal shall grant the building permit. 632. All outside and party walls shall be of stone brick or other fire proof materials. All joists, beams or other tim¬ ber in outside walls, and all wooden lintels and plate pieces shall recede from the outer surface of the wall at least four inches. All end and party walls, when the buildings are con¬ nected, shall extend above the sheeting of the roof at least seven inches, or three courses of brick, and in no case shall the plank or sheeting of any roof extend across any party or end wall. 633. No chimney shall be built with less than four-inch walls, and no chimney top shall be less than five feet above the roof (for flat roof), and two feet above the ridge of any pitched roof; flues in business buildings shall have four inch wails and eight-inch jambs; no joist or timbers in any building shall rest in, upon, or against the walls of any chimney. 634. No wooden building within the fire limits shall be repaired further than to make good the ordinary and natural deterioration, nor enlarged in area on ground, nor added to in any manr er without a perm t from the fire marshal; provided, no permit shall be so given whereby the fire risk may be in¬ creased, as to such structure or any other adjacent thereto; nor shall any wooden building, whether within or without said fire limits be removed to any other p ace within the same with¬ out like permission from the fire marshal. 168 CITY ORDINANCES. 635. All smoke houses and places for the deposit of ashes, within or without the said lire limits, shall be of stone, brick or other lire proof material. 636. Sheds not exceeding 12 feet in height from the ground at the highest parts thereof, and not exceeding 75 feet area, and privies may be constructed of wood; such sheds and privies shall be separate structures, and sheds shall not be located on the front part of any ot, nor shall ihey be used as a dwelling, or for any business purpose whatever. 637. Shelter sheds may be constructed-having incombusti¬ ble roofing not over twenty feet high from the ground to the highest point of ro if, the roof to be supported on sufficient posts or piers. Such sheds shall have no enclosing walls or wooden floors. 638. All owners of buildings or parts of buildings erected or repaired, within the said limits in violation of the provisions of this ordinance, and all persons aiding or assisting in the erection or repair of such buildings or parts of buildings, shall be subject to a penalty of not less than twenty dollar’s, and not more than one hundred dollars. 639. No shingle or wooden roofs of any kind shall be placed upon any building hereafter to be constructed, rebuilt, or repaired within the “fire limits” of the city, and no such shingle or wooden roof of any kind within said fire limits shall be repaired further than to make good ordinary and natural deterioration, nor enlarged, nor added to; but all roofs con¬ structed within said “fire limits” shall be constructed of iron, slate or other fire proof materials. 640. Whenever any frame, brick, or stone building shall have become damaged by fire or decay, the extent of w T hich, in the judgment of the fire marshal, exceeds 50 per cent, of the value of such building, or if the building in the judgment of the fire marshal is considered unsafe to the public or the occupants thereof, on account of fire, decay, or any other cause, then the fire marshal shall have power to condemn the same. 641. If the owner or owners of such building object to the conclusion arrived at by the said marshal, he or they may file with the fire marshal a petition asking for the appointment of arbitrators to determine the question of damage to or safety of such building; or if the fire marshal should conclude that the damage is less than fifty per cent, or that the building is safe, then and in that case any three citizens may claim an arbitration to ascertain the damage to or the safety of such building. 642. In either case the party or parties asking for arbitra¬ tion shall pay twelve dollars to the fire marshal on filing his or CITY ORDINANCES 169 * their petition, which shall be in full of the costs of such arbi¬ tration. The arbitration to consist of three disinterested per¬ sons, one to be chosen by the fire marshal, one by the party or parties tiling the petition, and the two thus chosen shall select a third, and the decision of a majority of the persons so selected shall be final and conclusive. 643. Arbitrators selected before entering upon their work, shall make and subscribe an oath before any officer authorized to administer oaths that they will make a thorough examina¬ tion of the premises damaged or alleged to be unsafe as afore said, and make a just and true report as to the amount and extent of such d amage or condition, the report to be signed in duplicate,, the original to be handed to the fire marshal, the duplicate to bo given to the owner of the premises in question. 644. "Whenever such building shall be adjudged by such arbitrators to have bren damaged by fire or decay, to the extent of fifty per cent, of its value, or adjudged to be unsafe, such building shall be condemned by the fire marshal, and it shall be unlawful, as aforesaid, to repair or use the same. 645. Whenever the owner, agent, or occupant shall refuse- or neglect, after five days’ notice to petition for such arbitra¬ ment, it shall be lawful for the fire marshal to declare such premises as set forth in such rotice, as having in his judgment been damaged by fire or decay to the extent of fifty per cent, of its value; or unsafe as the case may be. * 646 The fire marshal shall be ex officio the inspector of buildings, and shall do and perform all acts and things necessary to have the provisions of this chapter enforced. He shall keep a register of all building permits granted, and report the same to the city council annually. All notices under the provisions of this chapter may be served by the city marshal, or any police officer. 647. Any person or persons, company or corporation vio¬ lating or refusing to comply with the provisions of this chapter* to which a penalty is not otherwise provided, shall be liable to a penalty of not less than ten nor more than one hundred dol¬ lars; and also sha'l be liable to a like additional pena ty for every forty-eight hours they shall continue to violate or refuse^ to comply with the said provisions after receiving proper- notice of the same. 648. For the failure, neglect or refusal to enforce the pre¬ visions of this chapter the fire marshal shall be liable to a» penalty of not less than one nor more than twenty five dollars. 170 CITY ORDINANCES. CHAPTER XXXIII. FIRE PROTECTION. 649. The mayor, fire marshal, and chairman of the fire committee of the council shall constitute a board of fire com¬ missioners. The city clerk shall be clerk of said board, and the city marshal shall execute all orders of and serve all notices issued by the board. The services of the members of the board as such, and the clerk and marshal as officers of the board, shall be rendered without extra compensation. 650. A majority of the board of fire commissioners shall constitute a quorum, and it shall be their duty to provide for ihe proper inspection of all buildings now erected or hereafter to be erected within the fire limits, and enforce the ordinances of the city, prescribing rules of construction designed for pro¬ tection from fire. 651. Whenever the board of fire commissioners shall find any building not constructed, arranged and provided as required by the ordinances of the city or the regulations established by such board thereunder, or that any building is about to be erected, arranged and equipped without conforming to such ordinances and regulations, the board shall require in writing the person or party in charge of such building to make the proper alterations in the plan of construction, arrangement and equipment cf such bunding, in such reasonable time and manner as said board shall specify, and forbidding further pro¬ gress in the work except in compliance with such order. 652. Any person who shall proceed with the construction, arrangement or equipment of any building in violation of the ordinances of the city, and any person who shall, after being served with the order of the board of fire commissioners, neglect or refuse, within reasonable time after such service, to make the alterations in such building required by such board according to the provisions of the ordinances of the city, shall be subject to a penalty of not less than ten dollars for each offense and of five dollars for every day’s delay in complying with the orders of the board. 653. It shall be the duty of the fire marshal of the fire department at stated times, at least twice in each year, to detail a member of said department to make a careful personal exam¬ ination of each chimney and chimney flue of each building •within the fire limits, and upon the spot note in writing in a book to be furn'shed him by the clerk for that purpose, the date of such examination, the number and location of chimneys CITY ORDINANCES. 171 in each building; number of flues in each, size and construction of each chimney, stating specially in what condition, as to absolute security from danger, each was found; and if defec¬ tive, from what cause, and how, what changes and repairs, if any, are needed to make the same absolutely safe. Such exam¬ ination shall be by blocks, commencing at northeast corner and going round with the sun. Each report book shall be promptly returned to the fire marshal, who shall carefully note therein the date of its receipt, and place and keep the same on file for convenient reference. Upon the receipt of such report the fire marshal .shall thereupon draw a list, by blocks of all buildings so reported as needing attention, aud within five days from receipt of such report the board of fire commissioners shall personally examine each such building and chimney con¬ tained in the list, determining as to each, and noting upon the list what changes and repairs as to chimneys and flues each building requires, and in writing order the owner and occupant promptly to make and cause such required changes and repairs to be made, noting such order upon the list with date thereof. Failure to comply with such order within ten days after service of such order shall subject the offender to a fine of not less than five dollars and to a like penalty for each day’s further delay. •654. Upon complaint or statement in writing by any reputable resident to the board of fire commissioners that there is reason to doubt the probable safety of any building or chim¬ ney, or any fire place or stove, or other apparatus for conduct¬ ing heat or smoke in any building, whether within or without the fire limits, whether already built or in process of construc¬ tion, the board shall at once examine the same, and if they deem it unsafe or dangerous they shall forthwith in writing notify the owner or person in charge of the same of such defect or faulty construction, state in just what it consists and. what change is required, ordering such person or persons within some short time to be named in such order to remedy such defect. Failure or refusal to comply with any such order, within the time named therein shall subject the offender to a penalty of not less than ten dollars for each offense, and a like penalty for each day’s further delay. 655. It shall not hereafter be lawful for any person to erect or use any stove or stove pipe in the city except in accord¬ ance with the following provisions: No part of any stove pipe shall be placed or suffered to remain within the distance of th'ree inches of any wood or wood work wdiatever. Every stove pipe in its passage through any ceiling, floor, partition wall or roof shall be secured in its position at every such passage by plates of tin or iron, or by means of cut stone or earthenware 172 CITY ORDINANCES. safes, and all horizontal pipes or portion of pipes not perpen¬ dicular shall be supported by wires or other proper supporters so as to prevent all danger of the falling of such pipes. No stove pipe shall terminate or discharge at any distance less than three feet of the roof or any wood w r ork of any other building, nor discharge toward any building so as to endanger the same, nor into any street or alley. 656. All buildings of three or more stories in height shall be provided with one or more metallic (iron) ladders, with stand pipe hose attached (of three inch calibre) extending from within ten feet of the ground or walk to the roof, with proper caps or cases, and supplied with at least fifty feet of two and one-half inch hose, attached and attachable at the top of stand pipe. The numbers, location and construction to be under direction of the board of fire commissioners. 657. All doors of public halls, theaters, hotels, churches,, seminaries, school buildings or other rooms, wherein crowds of people assemble, shall be made to swing outward, and no chairs, stools, or seats of any description shall be placed or permitted to remain in or across the lobby, aisles, or passage-ways, in any theater, hall, or other public building, when the same is occu¬ pied by the public. 658. Every theater, public hall, hotel, seminary and school building shall, within thirty days after notice by the board of fire commissioners, be provided with fire extinguishers, in such number and of such size and capacity as may meet the approval of the boaid of fire commissioners. 659. The fire marshal shall detail two efficient firemen of the city fire department to attend at each theater and public hall daring every public entertainment therein, and remain on duty there during and until the audience passes out at the close of such entertainment. It shall be the duty of such firemen to see to it that all fire preventing and fire extinguishing apparatus provided for such hall or theater is at all times in good working order and condition. The fire marshal may temporarily with¬ draw such firemen from the building in case he requires their services elsewhere. 660. No stairway to any theater or public hall hereafter to be erected shall rise more than ten feet without a platform, and no winders, wheeling or circular steps shall be used. Each stairway and passageway shall have a strong hand rail on each side thereof through its entire length. 661. Every theater or public hall hereafter to be erected with accommodation for five hundred or more persons shall have at least two separate and distinct exits, to be as far apart CITY ORDINANCES. 173 as may be found practicable, those accommodating seven hun¬ dred or more persons shall have at least three separate and dis¬ tinct exits The exits fiorn all galleries shall be independent of and separate from the exits of the main floor. The egress, openings and stairways shall in no case be less than five feet wide nor aggregate a less proportion than eighteen inches for each one hundred persons such theater or public hall may accommodate. 662. No hotel or other building more than two stories in height shall be used for lodging persons or used as lodging rooms above the second story thereof, unless and until each floor is provided with at least two stairways of such width as the board of fire commissioners may determine, safely and sub¬ stantially constructed and kept, affording safe and convenient means of exit from such building at all times. Such stairways shall be situate as nearly as may be at opposile ends of such building with especial regard to safe egress of all persons in such building in case of fire and at all times. 663. Every lodging room above the second floor in any building shall, previously to being occupied as such, be pro¬ vided with a good and sufficient rope of not less than one-half inch in diameter, at all times firmly attached to a beam, post or timber in the room, and of sufficient length to reach from the window of such bed room to the ground or walk beneath, and so looped or knotted as in the judgment of the board of fire commissioners shall furnish safe escape for the person or per¬ sons lodging in such rooms in case of fire. 664. The keeper of each building occupied as a hotel or lodging rooms, capable of accommodating fifty or more persons, shall at all times keep in his employ a night watchman con¬ stantly on duty in such building, under such regulations as may from time to time be established by the board of fire commis¬ sioners. 665. No person shall keep ashes in any wooden vessel or on any wooden floor, or deposit any ashes uncovered in or near any building not fire proof, or near any cumbustible material, or in any street or elsewhere in the inhabited parts of the city until every particle of fire is extinguished. 666. No person shall stack or deposit hay, straw or other like combustible materials, not in any enclosed stable or build¬ ing, and within fifty feet of any dwelling house or building where fire is kept, or shall strew or leave shavings,, straw, paper, or other like combustible materials around or near to any building or property likely to burn, or in any passage way, or 174 CITY ORDINANCES. unoccupied room, in any office or apartment building, or shall set tire to or burn on the open ground, and near to any building or dwelling, any shavings, straw, paper, rubbish or other com¬ bustible materials, or shall leave any fire on the open ground unextinguished after night, or shall boil any pitch, rosin, tar, oil, or other inflammable liquid or substance, except in some secure and safe building, duly protected against the danger of tire, or if in the open air, at least thirty feet from any buildings likely to burn, or burn out any chimney or flue, unless when raining, or when roofs and ground are covered with snow. 667. No person shall negligently, carelessly or willfully make, kindle or leave any coals of tire on any planked sidewalk or crossing, or any tire in the open air or exposed place, or carelessly or negligently carry burning coals or other matter from which the flying sparks may be liable to do injury or set tire to other things; or shall leave, deposit or use any hot ashes or other dangerous or combustible or inflammable thing or mater¬ ial, or carry any light not protected by a secure lantern into any stable or building containing straw or other combustible material, or any lighted lamp, candle, gas light or burning matter at such a time or in such a manner as to cause or endanger injury to any building or property thereby. 668. Any person violating any of the provisions of Sec¬ tions 655 to 667 inclusive of this chapter, shall be subject to a penalty of not less than three dollars for each offense. CHAPTER XXXIV. GASOLINE, NAPTHA, ETC. 669. No person, persons or corporation shall keep or store within the city of Monmouth, any gasoline, coal oil, petroleum or any of its products in any greater quantity in one building than two barrels or tanks of fifty gallons each, without first obtaining a permit as hereinafter required. 670. Not more than one barrel or tank of fifty gallons each shall be allowed in any building, except all above one bar¬ rel shall be kept in a cellar; the floor of which shall be at least live feet below the grade of the adjacent street, unless it be a building kept under a permit. 671. No gasoline, coal oil or petroleum, or any of its pro¬ ducts shall be kept or stored in front of any building, nor in, nor CITY ORDINANCES. 175 on any street or alley, lot or sidewalk for a longer period of time than sufficient to receive in store or deliver the same; said time not to exceed six hours. 672. If any person, persons or corporation shall desire to sto:e 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 apply to the city council for a per¬ mit, under the regulations hereinafter provided. All applica¬ tions for permits shall be in writing, and shall state the place wffiere 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 or receptacles 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. 673. Benzine, benzole, gasoline or naptha kept for retail shall be sold by daylight only, and shall be kept in a tin can or other metal vessel. Kerosene may be retailed at night. In such case the cask from which it is drawn must be at least 10 feet from any light. 674. Any person violating any of the provisions of this chapter shall, on conviction thereof, be fined in a sum not ex¬ ceeding fifty dollars and cost for each and every offense; and every day that any of said oils or substances are kept or stored contrary to the provisions of this chapter shall be deemed a new and distinct offense. It is hereby made the duty of the city marshal, the fire marshal and all police officers to see that the provisions of this chapter are enforced. CHAPTER XXXV. GRADES. 675. That the permanent grades of streets and alleys in the city of Monmouth hereinafter fixed are referred to a plane as the base or datum for all city elevations. Said plane is re¬ ferred to an iron shaft near the center of the public square in the city of Monmouth, the elevation of the top of said shaft being 768 feet and 734 one thousandths of a foot above the level of the sea at mean tide at Biloxi, Miss., and 700 feet above said sea level is adopted as the datum plane. 676. This plane is also referred to permanent bench marks located as shown by the “Report on a permanent grade 176 CITY ORDINANCES. system, City of Monmoulh, Ill.,” made by J. F. Wallace, con¬ sulting engineer, March 2, 1891, to the commiltee on streets and alleys of the city of Monmouth, and having been approved and adopted by the city council of the city of Monmouth by ordinance passed on the 6th day of April, 1891, and approved April 10, 1891. Such bench marks referred to in said report being generally a railroad spike driven in the trunks or roots of certain trees at or near the ground line. This plane is also referred to by “Revised grade map B of the city of Monmouth, ” dated July, 1900, by J. Ed. Miller, engineer; said revised map being now on file in the office of the city engineer. I The figures mentioned in the said revised map are in feet and decimals of a foot above datum plane, and are hereby established as the grades on the center of street intersections and other points designated on said revised map. All inclinations or grades between successive points established by this ordinance and indicated on said revised map B are to be straight lines. CHAPTER XXXVI. HACKMEN AND DRAYMEN. 677. Licensed hackmen and draymen shall, at all reasona¬ ble times when requested, and the proper charges are tendered carry with care and dispatch all such passengers or goods as may be offered them respectively, and for any failure or refu¬ sal to do so, such hackman or drayman shall be subjected to a penalty of not less than five dollars, nor more than fifty dollars. 678. The owners of hacks, drays and other vehicles, licensed to carry persons or goods, and all persons taking out license therefor, shall be responsible for all baggage, goods, wares, merchandise or other property delivered to their care, or into the care of any driver.or person having charge of any such hack, dray or other vehicle. 6/9. Every driver or person in charge of or soliciting passengers for any hack or other vehicle carrying persons for hii e, shall wear in plain sight a badge with his license number and the word “Hackman engraved thereon, so that such num¬ ber and words may be easily seen and read. CITY ORDINANCES. 177 680. All drays, wagons, carts, carriages, hacks, omni¬ buses or other like vehicles subject to license hereunder, shall have a number, to be furnished by the city clerk, placed in some conspicuous place on such vehicle, and such carrier of person or of goods shall transport persons or goods to any part of the city with promptness and care, for the rates of fare fixed by the city council. And for any violation of their duties in that respect, such carrier shall be subject to a penalty of not less than three nor more than fifty dollars. 681. Licensed hackmen may charge and receive for carry¬ ing persons for any distance within the city for each person 25 cents, but no charge shall be made for conveying children of 10 years or under accompanying parents or others. , Every passenger shall be allowed to have conveyed upon such vehicle without charge his ordinary traveling baggage not exceeding in each case one trunk and 25 pounds of other baggage. For every additional package where the whole w T eight of baggage is over 100 pounds, the owner or driver may be permitted to charge 15 cents. 682. Whenever any article of baggage or package of goods shall be left by any person in or upon any licensed hack, hack¬ ney 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 hand 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 there¬ of. Any driver or runner of any such vehicle neglecting or refusing to comply with any provision of this section shall for¬ feit and pay a penalty of not less than one doJlar nor more than ten dollars in each case. 683. Every person procuring a drayman’s license shall forthwith cause the name of the owner and number of the license to be plainly affixed in letters at least one and one half inches in length, in a conspicuous place on the outside of each side of the vehicle licensed, and shall keep the same plain and distinct at all times when such vehicle is used during the con¬ tinuance of such license or its renewal, and upon the expira¬ tion thereof shall immediately cause the said number to be removed from such vehicle and no longer allow such vehicle to be used with said number thereon. No person shall use or per¬ mit to be used any vehicle with a license number thereon unless a license has been issued and remains in force therefor. 178 CITY ORDINANCES. 684<- All licensed hacks and other vehicles all the time while used in soliciting and carrying passengers to and from show ground, park, camp meeting ground, fair ground, race track,ball ground, shooting ground or' other similar place, where any amusement, recreation, meeting, exhibition, fair, races, ball game, shooting match, show, circus, menagerie, political assemblage or other public gathering is being had, shall have posted on the outside of each side of such hack or other vehicle a conspicuous placard, which can be easily and readily read from the sidewalk as such hack or vehicle is pass¬ ing along the street, stating in plain figures and letters the rates charged for carrying passengers to and from the place to which such hack or vehicle is running, and no passenger shall be charged more than the rate on such placard, nor more than any smaller rate by any driver or other person connected with such hack or vehicle, agreed upon or called out in soliciting passengers therefor. Any omission to comply with or viola¬ tion of any provision or requirement of this section shall subject the owner, driver or other person having charge of such hack or vehicle or collecting the fare, or any or all of them permitting or participating in such omission or violation, to a fine of not less than five dollars for each offense. 685. Licensed draymen may charge for carrying articles including the loading and unloading thereof, the following rates: For each parcel or package weighing not more than 200 pounds, 10 cents; for parcel or package weighing over 200 pounds, 80 cents; for hauling any load a distance of six blocks or under, 25 cents; for greater distance, 40 cents; for moving pianos, safes or other goods requiring special apparatus or special cane over and above the care required for that of house¬ hold goods, or requiring the services of a helper, or for ser¬ vices other than loading, hauling and unloading, additional charges may be made by fixing the same before doing the work. 686. Hackmen and draymen shall at all times keep posted in a conspicuous place in their vehicle so as to be easily read, a printed copy of this chapter for the inspection of any person desiring to or employing them, and shall on request exhibit the same to such person or any officer of the city. 687. For any overcharge for services or any violation of any provision, or failure to comply with any requirements of this chapter by any licensed hackman or drayman, the person so offending shall be subject to a penalty of not less than three dollars. CITY ORDINANCES. 179 CHAPTER XXXVII. HEALTH. 688. No person shall permit or have any offensive water or other liquid or substance on his premises or grounds to the prejudice of life or health, whether for use in any trade or otherwise. 689. No person shall throw into or deposit in any vault, sink, privy or cesspool any offal, meat, fish, garbage or other substance, except that of which any such place is the appro¬ priate receptacle; nor shall any slops or kitchen waste be per¬ mitted to run into any privy or cesspool. 690. No person shall hereafter build, maintain or use any privy or privy vault within the city, unless the same be at least six feet from 1 he line of the adjacent lot, or fifteen feet from the line of any public street, or two feet from any alley, and at least twenty feet from any dwelling house that may be upon the adjoining lot, unless ihe owner of the adjoining lot shall agree that the same may be so built, maintained or used, and all such vaults shall be not less than four feet deep, and shall be securely and substantially walled and so constructed as to be easily cleaned. 691. When any noxious or offensive odors are emitted from any privy, it shall be the duty of the owner, his agent or the occupant of the premises, to disinfect said privy without delay and to cleanse it, so as to prevent a recurrence of such odors. The marshal or the health officer of the city, may, upon com¬ plaint being made to him, order the owner, his agent,- or the tenant, to disinfect and cleanse the said privy forthwith. If such order is not complied with within twenty-four hours, the officer shall proceed to have the said privy disinfected or cleaned, and the owner or the tenant, or both, when the order has been given to both, shall be liable for all the expenses thereby incurred, and a civil action may be instituted for the recovery of such expenses. In addition thereto, such person or persons shall be liable to a fine for a violation of this ordinance. 692. No meat, fish, birds, or fowls, or other substances or thing not being then pure, healthy, fresh, sound and wholesome for human food or drink, nor any meat or fish that died by dis¬ ease or accident, shall be brought within the city or offered or held for sale in any public or private market as such food any¬ where in said city or wfithin one-half mile of the limits thereof. 693. No calf, pig or lamb, or the meat thereof, shall be brought, held, or offered for sale as food in said city, which at 180 CITY ORDINANCES. the date of its death (being a calf) was less than eight weeks old: or (being a pig) was when killed less ihan five weeks old; or (being a lamb) was when killed less than eight weeks. 694. No person shall have at any place where milk, butter, or cheese is kept for sale, nor shall at any place sell or deliver or offer or have for sale or keep for use, nor shall any person bring or send to said city, any unwholesome, skimmed, watered, mixed or adulterated milk, or milk known as “swill milk, ” or milk from cows or other animals that for the most part have been kept in stables or that have been fed on swill, or milk from sick or dis¬ eased cows or other animals, or any butter or cheese made from any such milk or any unwholesome butter or cheese. 695. Every butcher, keeper of meat market, grocer, milk¬ man and their clerks or agents shall allow the board of health or any member thereof, or any person authorized by the board to freely and fully inspect their cattle, meats, milk, fish, fruit and vegetables held, offered or intended for sale, and shall answer all reasonable questions in relation to the condition thereof, and of the places where such articles may be. And any person violating this section shall be subject to a penalty of not less than five dollars. 696. No cattle shall be kept in any place of which the water, ventilation and food are not sufficient and wholesome for the preservation of their health, safe condition and wliolesonre- ness for food. 697. Any person having an animal past recovery, or in an offensive condition, or sick with an infectious or contagious dis¬ ease in said city, and every person whose animal, or any animal in his charge or under his control in any street or place, may die or become or be in a condition past recovery, shall at once remove or cause the removal of such animal, dead or alive, to some proper place; and when such place may be designated by the city council, to the place so designated. 698. No building, vehicle, structure, receptacle or thing used or to be used for any purpose whatever, shall be made, used, kept, maintained or operated in the city, if the use, keep¬ ing, maintaining or operating of such building, vehicle, struc¬ ture, receptacle or thing shall be the occasion of any nuisance, or dangerous or detrimental to health. 699. Any person who violates, disobeys, omits, neglects or refuses to comply with, or who resists any of the provisions of this chapter, or who refuses or neglects to obey any of the rules, orders, or sanitary regulations of the department of health, or who omits, neglects, or refuses to comply with, or who resists any officer or order or special regulation of said CITY ORDINANCES. 181 department of health shall, upon conviction, be subject to a fine of not exceeding two hundred dollars, nor less, than two dollars for each offense. CHAPTER XXXVIII. HOUSE MOVING. 700. No person shall move or cause to be moved any build¬ ing into, along or across any street, avenue, alley or public ground in the city, without first obtaining a written permission from the mayor. 701. Such permission shall particularly set forth the route to be taken in moving such building, and the route shall be determined so as to cause the least interference with public use of the streets and the least danger of injury to public or private property. No variation from the route so fixed shall be made, without further written permission from the mayor. 702. The work shall be diligently prosecuted continuously in the day time until completion, and for the protection of the public warning shall be given by the display of red lights at night. 703. The building shall at no time be left standing where it may cause any obstruction to streets at intersections, to rail¬ road tracks, to street car lines, or to any electric wires lawfully occupying the street. Hue care shall be taken to avoid injury to streets, sidewalks, shade trees, railroad tracks, street car tracks, poles, electric wires, and all public and private property. 704. The person in charge of such work shall at the close of each day notify the lire marshal of the situation of such building, and if the work will be continued in the night. He shall give proper notice to the managers of all railroad lines, street car lines and lines having electric or telephone wires, of the route assigned to him and the time when the building moved by him will approach such lines, and arrange the passage of such building so as to secure the least interference possible with the operation of such lines. He shall pay to the managers of such lines such sum of money as the mayor may direct on account of the cost to such managers of removing or protecting any*poles, wires or other fixtures which may be interfered with by the passage of such building. 705. The permission of the mayor for such work shall not be given unless the party applying therefor shall first execute 182 CITY ORDINANCES. and file with the city clerk a good and sufficient bond, with one or more sureties, approved by the mayor, conditioned for the full compliance by the person to whom such permission is given with all the provisions of this chapter, and for the payment by him of all penalties incurred by him, and all damages to public and private property or interests for which he may be found liable. 706. Any person who shall violate any of the provisions of this chapter shall be subject to a penalty of three dollars for each and every violation thereof, and shall also be liable for all damage done to public or private property in the prosecution of his work or in consequence of any delays in the performance thereof. CHAPTER XXXIX. HOUSE NUMBERING. 707. The numbering of all houses fronting upon the public streets, avenues and thoroughfares, within the city of Mon¬ mouth, shall be in conformity with the system, and the rules following: 708. Main street shall be the base or dividing line for numbering houses on all streets or avenues running east and west, and Broadway shall be the base or dividing line for all streets or avenues running north and south. 709. All streets and avenues running north and south and crossing and being north of said Broadway, shall be designated by the prefix north, and the portion of all streets and avenues crossing and being south of said Broadway, shall be designated by the prefix south. All streets and avenues running east and west and crossing and being east of Main street, shall be desig¬ nated by the prefix east, and the portion of all said streets and avenues running east and west and crossing and being west of said Main street shall be designated by the prefix west. 710. The first number on each side of Broadway shall be 100 and progress north and south therefrom at the rate of one hundred numbers to each block as nearly as practicable. The first number upon each side of Main street shall be fOO and progress east and west therefrom at the rate of one hundred numbers to each block as nearly as practicable. 711. The odd numbers shall be used upon the east side of all streets and avenues running north and south in the city of CITY ORDINANCES. 183 Monmouth, and upon the south side of all streets and avenues running east and west in said city. The even numbers shall be used upon the west side of said streets and avenues running- north and south, and upon the north side of all said streets and -avenues running east and west in said citv. O u 712. It shall be the duty of the city engineer, in pursu¬ ance of the foregoing sections, to establish and assign all house numbers on the streets, avenues and thoroughfares of the city, and in so doing he shall keep in view the necessity of having the numbering in general as nearly uniform as possible, and he shall prepare the necessary records of the numbers so assigned by him and said records shall be evidence of such numbers; and he shall on demand furnish each owner or occupant of a house, or such person as may be employed in numbering the houses or buildings, with the necessary information as to the number belonging to each house, and all numbering shall be strictly in conformity with the directions and regulations of said city engineer, the figures of said numbers to be not less than three inches in length. 713. 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 provis¬ ions of this chapter, 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 or refuse to number said house as aforesaid, within ten (10) days after receiving notice from the city engineer to number said house or who shall number any house otherwise than in con-, formity with the provisions of this ordinance and the regula¬ tions of the city engineer shall on conviction thereof be lined not less than one, nor more than five dollars for each offense. CHAPTER XL. \ INSURANCE COMPANIES AND AGENTS. 714. That all corporations, companies and associations, not incorporated under the laws of this state, which are engaged in the city, in effecting fire insurance, shall pay to the treasurer of the city, on or before the fifteenth day of July of each and every year hereafter, two (2) per cent, of the gross receipts or prem¬ iums received by such company, corporation or association, or their agent or agents, for business effected or transacted for tire insurance within the said city, for the last year ending July 1st preceding said dates. 184 CITY ORDINANCES. 715. That every person acting as agent or otherwise for or upon behalf of such corporation, company or association, in soliciting or effecting insurance, shall on or before the 15th day of J uly for each and every year hereafter, render to the city clerk a full and just account, verified by oath of all premiums which during the year ending on the first day of July preceding such dates shall have been received by him or any other person for him in behalf of such company, corporation or association, and shall fully and specifically set out in such report the amount or amounts so received for such fire insurance. And that said agent or agents shall also at the time of making such report, pay the treasurer of the city the sum of two (2) per cent, upon the gross receipts of such corporation, company or association, obtained as such premiums for effecting fire insurance in the city as specified in Section 1 of this ordinance. 716. 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 cor¬ poration, company or association so in default to transact any business of insurance in the city, until the said requisitions shall be fully complied with. 717. That any and all sums so received under this ordin¬ ance shall be kept as a separate fund for the maintenance, use and benefit of the fire department of the city. CHAPTER XLI. LICENSES. 718. In addition to the licenses otherwise provided for by ordinance, the following persons, before carrying on or exercis¬ ing, either directly or indirectly, their business within the limits of this city, shall first procure a license therefor, viz: auctioneers, brokers in grain provisions or stocks, carettes, draymen, hackmen, itinerant merchants and transient venders of merchandise, keepers of gunpowder cartridges or loaded shells, keepers of second hand stores, junk dealers, pawnbrok¬ ers, peddlers, (except peddlers of meat, milk, bread, vegetables or fruit), sanitary plumbers, also shows, circuses, menageries, side shows, museums, theatres, opera houses, skating rinks, merry-go-rounds, circular swings and other similar devices, and all other places of public amusement; public scales, also all public concerts, lectures, theatricals and other exhibitions, amusements, musical performances and entertainments in any CITY ORDINANCES 185 building other than a duly licensed theater or opera house, and not given solely for the benefit of some literary, scientific, religious or charitable organization of this city. Every person violating any of the provisions of this section shall be subject to a penalty of not less than five dollars for each offense; and where the act or business requiring license is continuous from day to day, each day’s continuance of such business without license shall be considered a separate offense; provided, that for circus or menageries or theatrical exhibitions under canvass and out of doors, the penalty shall not be less than fifty dollars for each offense. 719. Every person engaged in any business, occupation or pursuit, required to be licensed under the provisions of this ordinance or the laws of this city, shall register with the city clerk his name, residence, occupation or business, and the place where the latter is, or is to be carried on; and in the case of a company or firm, the names of the persons composing the same shall also be registered. 720. All persons, whether acting as clerk, agent, servant or otherwise, in the doing of any business for which license is required, who shall knowingly engage therein or do any such acts, unless their principal has license therefor duly granted, shall be deemed equally guilty as the proprietor or employer of such agent, clerk or servant, and subject to the penalties pro¬ vided in this chapter. 721. Nothing in this chapter shall prevent any farmer, fruit or vine grower or gardener from selling the produce of his farm, orchard, vineyard or garden on the streets, or from house to house, without license; provided, that nothing herein shall be construed to permit the sale of spirituous, vinous, malt or fermented liquors. And provided further, that nothing in this chapter contained shall authorize any person other than such a farmer, fruit and vine grower or gardener to peddle such commodities within the city. 722. No license granted under this chapter shall extend longer than the first Monday of May next after the same is issued; and quarterly licenses shall expire on the last days of July, October and January and first Monday in May of each and every license year. No license, other than yearly licenses, shall be granted for less than the periods mentioned in fixing the fee therefor; and no license shall be granted when a yearly rate only is mentioned, except for one year or the unexpired portion thereof, beginning on the first day of the quarter in which application is made for such license; but no such lfi eu ;e shall be granted for a less period than one quarter. 186 CITY ORDINANCES. 723. No license shall be granted to any person who is not, at the time application is made therefor, a person of good moral character and no license shall be issued until the collector’s receipt for the license fee shall be delivered to the clerk, and all licenses shall be signed by the mayor and countersigned by the clerk. 724. Licenses, except licenses to auctioneers and peddlers, may be granted to two or more persons doing business as a firm or partnership in which case each partner shall become alike bound in all the obligations and duties imposed by this chapter. Provided, that if more than one kind of business or pursuit hereinbefore mentioned shall be 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. 725. All licenses shall be subject to all ordinances in rela¬ tion to such licenses which may be in force at the time of issuing the same, or made subsequently; and if any person licensed shall violate any provision of any ordinance in relation to his license, or sell any immoral or pernicious publication or article, or conduct his business in a disorderly or offensive manner, or in such manner as to violate any ordinance of this city, his license may be revoked in the discretion of the mayor or city council; and the party licensed may be proceeded against for such fine or penalty as may be incurred by reason of such vio¬ lation. No license shall be assignable or transferable except by permission of the mayor first endorsed thereon; nor shall any person be permitted to act under one license at more than one place at a time, or at any other than the place named, unless so expressly mentioned in his license. 726. The mayor shall decide upon all applications for license, except licenses to keep a dram shop and wholesale liquor dealers license, and except where otherwise specially provided by ordinance, and grant or reject the same; but it shall be his duty to grant all such applications where the same are in accordance with law and the ordinances of the city, and the applicant is of lawful age, of good moral character, and is quali¬ fied according to law and the ordinances of the city to receive the same; and the mayor shall have power to revoke any license so granted by him for a violation of law or the ordinances of the city, or for gross misconduct on the part of the licensee; pro¬ vided, that the party whose license is revoked may appeal to the city council at the next regular or special meeting, when if a majority of all the members elect to the city council shall so vote said license shall again become valid and of full force. 727. Licenses granted under this chapter shall not be con- CITY ORDINANCES. 187 struecl as permission to locate any stand upon or otherwise obstruct any street or public place in the city or to stand with any cart or other vehicle or device for carrying or holding goods or other articles upon any street or public square unless so expressly stated therein. This section shall not prohibit the ordinary use of the streets by peddlers in going from place to place and house to house; and stopping to make individual sales upon their route. 728. All persons selling from housedo house or peddling, either with or without a license or permit, within the city, ice, meat, fish, milk, vegetables, fruit or other articles, by weight or measure, shall in such sales use only weighing devices or meas¬ ures tested and sealed as correct by the city sealer of weights and measures, so that every person buying by such weighing device or measure may by inspection readily ascertain that such weighing device or measure is so sealed, and any person so sell¬ ing who shall in making or attempting to make a sale use other than such sealed weighing device or measure, or after its seal¬ ing alter the same, or use the same after it has been altered, or use any shift, scheme or device to give short weight or measure, shall be subject to a fine of not less than three dollars for each offense. 729. Any person who shall cry at auction (excepting judic¬ ial sales) any goods, wares, merchandise or personal property shall be deemed an auctioneer. License to auctioneers shall be of two classes and designated as first and second class. License as a first class auctioneer shall not include the right to cry for sales in an auction store and license as a second-class auctioneer shall include the right to cry for sales in auction stores. Any person (whether having a license as a first-class auctioneer or not) who shall act as a second-class auctioneer without license as such shall be subject to a fine of not less than ten dollars for each offense, and each day’s continuance to act without a license shall be considered a separate offense. 730. Every person who shall by wagon, dray or other vehicle carry goods within the city for hire shall be deemed a drayman. Every person who shall by wagon, carriage, omni¬ bus, hack or other vehicle, carry persons within the city for hire shall be deemed a hackman. 731. The terms itinerant merchant and transient vendor of merchandise, as used herein, shall be construed to mean any person or persons not permanently transacting 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. 188 CITY ORDINANCES. 732. Hawkers are hereby prohibited within the city and any hawker plying his vocation within this city shall be fined not less than three dollars. 733. The following license fees shall be paid the city col¬ lector for licenses, when the same are issued for the periods mentioned, or a proportionate sum, not less than one quarter’s fee, when a yearly rate only being mentioned, the license is granted for the unexpired part of the year: Auctioneers, first-class, per quarter year, $5.00; per year, $15.00. Auctioneers, second-class, $10.00 per day; per week, $30.00; per month, $100. Brokers in grain, provisions or stocks per month, $25.00. Carettes, $10.00 per year each. Draymen, one horse, three months, $2.00; six months, $3.00; nine months, $4.00; one year, $5.00. Draymen, two horses, three months, $3.00; six months, $4.00; nine months, $5.00; one year, $6.00 each vehicle. Hackmen, three months, $4.00; six months, $6.00: nine months, $8.00; one year, $10.00 each vehicle. Hackmen, special license for agricuitural fair, etc , each vehicle, $2.00 per day. Itinerant merchants and transient vendors of merchan¬ dise, per week, $20.00; per month, $60.00. Junk dealers, per annum, $15.00. Keepers of gun powder, cartridges or loaded shells, per annum, $3.00. Keepers of second-hand stores, per annum, $2.00. Pawn brokers, per annum, $50.00. Peddlers, per day, $2.00; per week, $3.00; six months, $6.00; per year, $10.00: provided that no license shall be re¬ quired of peddlers of meat, milk, bread, or of a framer, fruit or vine grower or gardener for selling the produce of his own farm, orchard, vineyard or garden. Sanitary plumbers and plumbers working on the city w T ater works, per annum, $15.00. Circus and menagerie or either wdien one ring only, per day, $25.00; per week, $100.00; for more than one ring, per day, $75.00. Sideshows accompanying circuses or menageries, per day, $20.00; other shows or places of amusements under canvas CITY ORDINANCES. 189 ancl not in building, one day, $10.00; museums, per day, $5.00; per week, $15.00. Theaters and opera houses for licensed theatricals and other exhibitions, shows and amusements therein, per quarter, $10.00; per annum, $25.00. Skating rinks, per quarter, $25.00; per annum, $50.00. Merry-go-rounds, circular swings or other similar devices not otherwise provided for, per day, $5.00, and $2.00 for each day thereafter. Keepers of fruit, candy and peanut stands, or stands for the sale of any other article or thing, not prohibited by law or ordinance on the sidewalk or street, $2.00 per day, or $25.00 per year. All places of public amusement other than those herein mentioned, per- dav, $3.00; per quarter, $15.00; per year, $25.00. Public concerts, lectures, theatricals and other exhibitions, amusements, musical performances or entertainments in any building other than a duly licensed theater or opera house, and not given solely for the benefit of some literary, scientific, re¬ ligious or charitable organization of this city, per day, $5.00. 734. The keeper of any place or stand kept within the city for the purpose of ball throwing, target shooting or the employer of any other device for the purpose of amusement or recreation, and exhibitions of any kind not otherwise provided for in this chapter to pay a license of $3.00 per day, $10.00 per week, $20.00 per quarter year, $50.00 per year; and for a failure to procure a license shall be liable to a tine of not less than $3.00 for each day’s offense. 735. Any person violating any provision of this chapter for violating which no penalty has been specifically fixed shall be subject to a penalty of not less than three dollars. CHAPTER XLII. LICENSE—SALE OF CIGARETTES. 736. The mayor shall from time to time grant licenses authorizing the sale of cigarettes within the city or within one- half mile of the city limits in the manner following and not otherwise: Any person, firm, or corporation, desiring license to sell 190 CITY ORDINANCES. cigarettes, or any tobacco or mixture, or paper for the use or purpose of making or manufacturing cigarettes, shall make written application for that purpose to the mayor, in which shall be described the location at which such sales are proposed to be made. Said application shall be accompanied by evidence that the applicant, if a single individual, all the members of the firm if a co-partnership, and person or persons in charge of the business if a corporation, is, or are persons of good character and reputation. If the mayor shall be satisfied that the persons before mentioned are of good character and reputation and are suitable persons to be entrusted with the sale of cigarettes, he shall issue a license in accordance with such application, upon such applicant filing a bond payable to the city with at least two sureties, to be approved by the mayor in the sum of $500, conditioned that the licensed person, firm or corporation shall faithfully observe and obey all laws of the State of Illinois and ordinances of the city, now in force or which may hereafter be passed with reference to cigarettes; provided, however, that nothing herein contained shall be held to authorize the sale of cigarettes containing opium, morphine, jimson weed, belladonna, glycerine or sugar. 737. Every person, on compliance with the aforesaid re¬ quirements and the payment in advance to the city collector, at the rate of $100 per annum, shall receive a license under the corporate seal, signed by the mayor, and countersigned by the clerk, which shall authorize the person, firm or corporation therein named to expose for sale, sell or offer for sale cigarettes or cigarette tobacco and paper at the place designated in the license, provided, that no license shall be granted to sell within 200 feet of a school house 738. No license shall extend beyond the municipal year, but may be issued for the unexpired portion of such year, not less than one quarter, upon the payment in advance at the rate fixed by ordinance, and proof furnished to the mayor that the applicant was not liable for license, nor were any cigarettes, or tobacco, or mixture or paper thereof, sold at the place of busi¬ ness without a license prior to date fixed in his application. 739. Any license so granted may be revoked upon written notice by the mayor, whenever it shall appear to his satisfac¬ tion that the party so licensed shall have violated any provision of the laws of the State of Illinois or of any ordinance of the city relating to cigarettes, or any condition of the bond afore¬ said. 740. And all persons licensed under this ordinance, or any ordinance, for the sale of cigarettes shall immediately CITY ORDINANCES. 191 cause to be and remain posted upon some conspicuous part of the room or place where cigarettes are sold, or exposed for sale, his or their license. 741. Any person so licensed wffio shall not cause such li¬ cense to be and keep the same posted as required in the pre¬ ceding section, or who not being licensed shall cause or permit any paper or document purporting to be a license to be or remain posted as aforesaid, shall, on conviction, be fined in a sum not exceeding one hundred dollars. 742. It shall be ihe duty of the health officer, and he is hereby authorized and empowered from time time to inspect and examine all places where cigarettes are licensed to be sold within the city or within one-half mile of the city limits, with a view of ascertaining whether the laws of the State of Illinois, and the ordinances of the city in relation to the sale of cigar¬ ettes, or tobacco, or mixture, or papers therefor, are being complied with at such place, and it shall be his duty to cause all such laws and ordinances to be rigorously enforced; and it shall be the duty of all persons, tirms or corporations licensed to sell cigarettes, or tobacco, or mixture, or paper therefor within the city, or within one-half mile of the city limits, upon demand of the health officer, to furnish to said officer for bis inspection, samples of all cigarettes, or tobacco, or mixture, or paper therefor, sold or offered for sale by them, which sam¬ ples of cigarettes, or tobacco, or mixture, or paper therefor, shall be analyzed by or under the direction of said health officer and a record of such analysis shall be made and kept in his office for the inspection of the public. 743. Any person who shall hereafter sell, have or keep for sale or expose for sale or offer-to sell any cigarettes, or any tobacco, or mixture, or paper for the use or purpose of making or manufacturing cigarettes, at any place within the city, or within one-half mile of the city limits, without having first pro¬ cured the license as above provided, shall be fined not less than twenty dollars and not exceeding fifty dollars for every violation of this ordinance. 744. Any person who shall hereafter, whether having a license to sell cigarettes or not, sell, have or keep for sale or expose for sale or offer to sell any cigarettes, or cigarette tobacco, containing opium, jimpson weed, belladonna, glycerine or sugar, shall be fined not less than twenty dollars and not ex¬ ceeding fifty dollars for each and every offense. 745. Any person whether having a license to sell cigar¬ ettes or not, who shall hereafter sell, give away or deliver to any minor, idiot, insane or distracted person, or who shall buy 192 CITY ORDINANCES. or in any manner procure, or aid in procuring for any minor, insane or distracted person any cigarettes, or any tobacco, or mixture, or paper for the use or purpose of mak ng or manu¬ facturing cigarettes, shall be fined not less than twenty dollars and not exceeding fifty dollars for each offerse. CHAPTER XLIII. LICENSED DRUGGISTS. 746. That the city council at any meeting of the board on application being made in writing by the applicant may grant a permit to any established druggist or firm of druggists that they may in iheir discretion deem advisable, for the sale of spirituous, vinous, fermented or intoxicating liquors for medicinal, mechanical, sacramental or chemical purposes only, upon the applicant or applicants executing to the city a bond in the penal sum of $1,000.00 with at least two sureties, to be ap¬ proved by the mayor of the city, conditioned that he or they or his or their agents, clerks, or servants will not in any manner violate any of the provisions of this ordinance, and that he or they will well and faithfully observe and keep all or dinar ces of said city relating to the selling or giving away of any" of said liquors for the term for which the permit shall be granted. Such permit shall be for the term not exceeding one year, and shall end on the first Monday of May following the granting thereof, and may be revoked by the city council whenever it shall satisfactorily appear to them that the person or persons to whom such permit was granted, his or their agent or agents, clerks or servants has violated any of the ordinances of said city relating to said liquors or any of the conditions of his or their said bond. 747. No druggist or firm to whom a permit shall be granted, nor his or their clerk, agent or servant shall sell any of said liquors except in the manner hereinafter provided. None of such liquors shall be sold or delivered except at the place of business of such druggist or firm, which shall be named and described by street and number in such permit, nor shall any of such liquors be sold to be drank upon the premises where sold, and when such sales are made for medi¬ cinal purposes, they shall only be made upon the bona fide written prescription of a reputable, practicing physician, and if made for chemical, mechanical or sacramental purposes, shall only be made upon the bona fide written application of the per- CITY ORDINANCES. 193 son applying therefor and such person making such applica¬ tion shall state therein the purpose for which the liquor is desired, provided that no such druggist or firm his or their agent, clerk or servant shall sell any of said liquors for any of said purposes unless such person making such sales shall do so in good faith for the purpose named in the prescription or ap¬ plication, and no such liquors shall be sold at any one time in quantities exceeding one gallon. 748. Any person or firm obtaining such permit shall enter or cause to be entered into a well bound book, kept for that purpose only, a record of the date of the sale or gift of any vinous, spirituous, intoxicating or fermented liquors, the amount sold or given away and the person upon whose pre¬ scription or application the same was sold and delivered, which said book shall be at all reasonable hours open to the inspec¬ tion of any member of the police force or officer of the city whom ttm mayor or city marshal shall designate for such pur¬ pose. 749. Any person or firm obtaining the permit required by this ordinance who shall neglect or refuse to keep the book herein required, or who shall refuse to allow an inspection thereof, shall be fined not less than fifty dollars nor more than two hundred dollars for each and every offense, and any such permit shall be revoked by the mayor for the second offense. And any physician who shall within the city give a prescription for any of such liquors, or any person who shall make any ap¬ plication therefor, when such prescription or application is not made in good faith for the purposes in such prescription or application named shall be Kable to a fine of not less than ten dollars for each offense. 750. For the permit herein provided for, the person or firm applying for the same shall pay the city collector the sum of fifty dollars. it CHAPTER. XLIV. LICENSED GAMES. 751. No person or persons shall set up, keep or cause to be kept by his or their agent or servant any shooting gallery, nine-pin, ten-pin, or other bowling alley, billiard, bagatelle, pool or other kind of table or place whatever, on or at which games of skill or chance are played, and for the use of which, 194 4 CITY ORDINANCES. or privilege of playing thereon or thereat, any money or its equivalent shall be required, paid, or received, without first obtaining a license therefor in accordance with the provisions of this chapter, under a penalty of not less than $ 20.00 for each offense. 752. All applications for any license provided for by this chapter shall be made to the council. Such apjDlication shall give the name of the applicant, the kind of license desired, and shall specify particularly the place where the thing, for which license is asked, is to be kept and used. The city coun¬ cil may grant or reject the application in its discretion. 753. If the council grant the application so made to it the applicant for such license shall thereupon pay to the city col¬ lector the sum required for such license, who shall give a duplicate receipt therefor, one of which receipts shall be pre¬ sented to the mayor, who shall thereupon direct a license tq issue to the party. Such license shall give the name of the party to whom, and the purpose for which it is granted, the time of its continuance, and a particular description of the place where the thing licensed is to be kept or used In all these particulars the license shall correspond with the applica¬ tion for such license. Such license shall not, be assigned, nor shall the place where it is to be operated be changed, without the assent of the council. 754. The license fee for each billiard room shall be, for six months, $60.00; for one year, $100.00. And for the pur¬ poses of this article every pool or bagatelle table shall be deemed a billiard table. For each shooting gallery, or bowling alley, the license fee shall be fifty-two dollars per year, and at the same rate for any shorter period, not less than one month, provided that licenses for one week shall not be granted for less than two dollars, nor for one day for less than one dollar, and the owners or keepers of any place w 7 here any games of chance or skill are played for gain or hire, and which is not enumer¬ ated herein, shall pay an annual license of twenty-five dollars, or for a shorter period at the rate of two dollars per day; but this provision shall not be construed as authorizing the play¬ ing of any game of chance or skill for-any purpose which is for¬ bidden by the laws of the State of Illinois or by the ordinances of the city. 755. It shall be unlawful for any keeper of any billiard room or place where an 7 pool, bagatelle, or billiard table is kept for the purposes described in Section 751, his agent or ser¬ vant to permit any person or persons under the age of eighteen years to play upon or at any such tables, or to frequent, lounge CITY ORDINANCES. 195 in or about, or be in any such billiard rooms, and any such keeper or owner, his agent or servant guilty of a violation of this section shall, for each offense, be liable to a fine of not less than ten nor more than one hundred dollars. 756. Any such keeper or owner of any such billiard ro >m or place who shall suffer or permit any drunken or in toxical ed person or persons to frequent or be in such billiard, room, or permit any such person or persons to play at or upon any tables within such room, or shall suffer or permit any loud or unseemly noises or distur bance of the peace, or any riots, routs, fights, quarrels, or affrays within such place, shall be guilty of a vio¬ lation of this chapter, and shall for each offense be liable to a penalty of not less than five nor more than fifty dollars; and it shall be the duty of such keeper or owner, his agent or servant in charge of such room immediately upon any disturbance in such room to notify the city marshal or some police officer and take prompt measures to secure the arrest and conviction of any such person or persons committing any such disturbance or engaging in any riot, routs, quarrel or fight, or any person or persons who may enter such place in a drunken or intoxicated condition, and any such keeper or owner of such billiard room, his agent or servant, who shall refuse or fail to comply with any of the foregoing provisions shall be liable to a penalty of not less than five nor more than ten dollars for each offense. 757. The mayor or city council may revoke any license granted under the provisions of this chaper on proof that any of the provisions herein contained have been flagrantly violated by the owner or keeper of any such billiard room, his agent or servant. CHAPTER XLV. LICENSED SALOONS. 758. At each annuaL municipal election there shall be sub¬ mitted to the legal voters of the city the proposition whether or not licenses for the sale of intoxicating, vinous, malt, mixed and fermented liquors shall be granted by the city council for the coming municipal year and if a majority of the legal votes cast at any such election be in favor of the granting of such licenses then the city council shall grant the same in the man¬ ner and subject to the provisions and conditions hereinafter provide^, and contained, but unless a majority of such legal votes cast at such election be in favor of the granting of such 196 CITY ORDINANCES. licenses then no such license shall be issued or granted for such year. 759. If the vote provided for in the preceding section shall be in favor of granting such licenses the city council may grant licenses to such persons as it may deem proper, but before any such license shall issue, the person or persons desiring the same shall make applicatio i in writing to the city council, which application shall state the name, age, occupation and place of residence of each applicant, and shall give the street and number, and also a general description of the premises in which he or they propose to sell liquors. And such application shall be accompanied by a certificate in writing, signed by not less than five legal voters and free holders of the city, certify¬ ing to the general good character of each applicant, and that such applicant has never been convicted of, nor plead guilty to, the selling of liquors in violation of any law or ordinance, nor guilty of any other crime. Such application shall also be accompanied by the names of the proposed sureties of the applicant, and also by an affidavit of each applicant, that the application is made solely and only on account of the person or persons named in the application, and that no other person or persons are interested therein as licensee; that he is a citizen and legal voter of the city; that he has never sold nor given away any vinous, malt, fermented, mixed or intoxicating liquor, within the city in violation of any law of the state of Illinois or ordinance of the city, and so far as he knows or is informed, or believes, none of such liquors have been so sold or given away in or upon the premises named and described in the application, with the knowledge or consent of the owner thereof or of his agent, subsequent to the 1st day of January, 1901. Such application, certificate and affidavit shall be filed with the city clerk at least five days prior to the meeting of the city council at which application for license will be made. And the appli¬ cant or applicants shall cause a notice of such app'ication to be published in a daily newspaper published in the city, which notice shall give the name or names of the applicant or appli¬ cants and of the persons certifying to his or their good charac¬ ter, and of his or their proposed sureties, the description of the premises as given in the application, and the time when the application will be made, and such notice shall be published twice, the first insertion to be at least five days prior to the time of the application. The affidavit herein provided for, shall not be conclusive of the matters therein stated, but any citizen or citizens of the city shall have the right to appear before the council, in person or by attorney, and object to the grafting of such license, and on such appearance shall have the right to CITY ORDINANCES. 197 controvert the said affidavit, by any documentary, record, oral or other legal evidence. And no license shall hereafter be granted to anyone not a legal voter within the city, nor to any¬ one to sell any of such liquors in or upon any place or premises within the city, wherein or whereon any of such liquors have, with the knowledge or consent of the owner thereof or of his agent, been or shall be sold or given away in violation of any law or ordinance subsequent to the first day of January, 1901, nor to any person who has been or shall be guilty of selling or of giving away any of such liquors in violation of any law or ordinance. Provided, however, that no property shall be dis¬ qualified for use as a licensed saloon where sales in violation of law or the ordinances of the city have been made only by the lessee or lessees or occupants of such premises, unless made with the knowledge or consent of the owner, or of his agent. 760. Before any license shall issue under the provisions of this chapter the applicant in addition to the bond required by the laws of the state shall execute a bond to the city in the penal sum of one thousand dollars, with at least two sureties, freeholders of Warren county, Illinois, to be approved by the city council, and conditioned that the party licensed shall faith¬ fully observe and keep all ordinances of the city now in force or hereafter to be passed during the period of such license, and shall faithfully observe and comply with the provisions and restrictions of the laws of the state of Illinois regulating dram shops or the sale of liquors. 761. The license fee shall be one thousand dollars per annum, and no license shall be granted for any less sum and every license granted unless sooner revoked shall expire on the first Monday of May following the date of the license, and it shall be dated as of the day it was granted, and shall be signed by the mayor and countersigned by the city clerk with the cor¬ porate seal thereof attached, and no portion of any money paid to the city for a license shall be refunded. 762. The mayor or the city council shall have power to suspend for a stated period of time or to revoke any license granted under the provisions of this chapter for a non-compli¬ ance with or a violation of any law or city ordinance relating to the business for which the license granted either by the per¬ son holding such license or any of his employes, or for in any manner either by himself or his employes hindering or resist¬ ing the officers of the city in the performance of duty or either by himself or his employes refusing entrance to the rooms occupied in h s business or neglecting to open the entrance to such rooms when called upon by any officer of the city. If such suspension or revocation is made by the mayor he shall 198 CITY ORDINANCES. report the same to the city council at its next meeting with his reasons therefor, and the council shall thereupon confirm or reject such suspension or revocation. 763. No license under the provisions of this chapter shall be issued to any person or persons to keep a dram shop in any place under ground or in any cellar or basement or in any room above the first or ground floor. 764. No person shall be permitted to occupy more than one room in carrying on his business under a dram shop license, and no room thus used shall be connected with any other room, except a room on the same floor owned or controlled by him, in which room no intoxicating liquor shall be sold, delivered or drank, and no obstruction shall be allowed to prevent a full view of either room from the public street, neither sign, screen, frosted window, window blind, shutter, partition or any object whatever, nor shall the distinct view of such room be obscured by any colored light, but all the room where liquor is sold or drank, and all of any room connected therewith, shall be plainly visible by day and night from the public street or alley, and shall at all times during business hours or when occupied by anyone be accessible to the police. The room or rooms afore¬ said shall not be connected with any other room, or with any hall, passage way or closet by means of any opening, window, door, stairway, dumb waiter, dummy, shelf, slide, movable partition, trap door, ladder, bell, cord, tube or wire in any man¬ ner whatever. And such room or rooms shall be kept lighted by artificial light during the entire night. 765. No keeper, proprietor or person in charge of any dram shop shall allow such dram shop to be kept open, or suffer or permit any person except police officers to have access to, or allow any person to drink at or in such dram shop on Sunday or Sunday night, or at any time between ten o’clock p. m and six o’clock a. m., or at any time on the day of any election held in the city. 766. No keeper, proprietor or person in charge of any dram shop shall permit any game of any kind to be played, or allow any musical performance, vocal or instrumental, in his dram shop or in any room connected Therewith. 767 No proprietor, keeper or person in charge of any dram shop shall allow any minor to drink in or to remain in or loiter about such dram shop, or give, sell, or deliver any liquors to a minor or to any person for the use of a minor. 768. No keeper, proprietor or person in charge of any dram shop shall suffer any loud noises, boisterous talking, pro- 774a. Licences granted under this chapter shall provide for and only authorize the sale of spirituous, vinous malt and fermented liquors in less quantities than one gallon. CITY ORDINANCES. 199 fane or vulgar language, quarreling, fighting or other disturb¬ ance in such dram shop or any room adjoining in his control. 769. No keeper, proprietor or person in charge of any dram shop shall allow to be sold or delivered in such dram shop any intoxicating drink to any intoxicated person, or person who is in the habit of getting intoxicated. 770. The giving away of intoxicating liquors, or any shift or device to evade the provisions of this chapter, shall be held to be an unlawful selling. 771. In all prosecutions under this chapter it shall not be necessary to state the kind of liquor sold, nor to describe the place where sold, nor to show the knowledge of a principal to convict for the acts of an agent, clerk or servant. 772. Whenever the wife, or any other relative of any per¬ son habitually addicted to the use of intoxicating drink, by notice in writing, personally served, shall make a request to any liquor dealer not to sell, or in any manner give away liquor to such person, it shall thereafter be unlawful for such liquor dealer to sell or give away any liquor to such person. 773. The mayor of the city may in times of public excite¬ ment whenever in his judgment the occasion demands it, order all places where intoxicating liquors are sold, to close and refrain from selling or giving away or delivering any such liquor to any person whatever, and at such times it shall be unlawful for any person or persons to keep open any such place during the continuance of such order. 774. Any person violating any section of this chapter shall be subject to a penalty of not less than twenty-five dollars for each offense. CHAPTER XLVI. LICENSING WHOLESALE LIQUOR DEALERS. 775. If a majority of the legal votes cast at any annual municipal election be in favor of the granting of licenses for the sale of intoxicating, vinous, fermented, mixtd and ma t liquors, then the city council may grant licenses to such per¬ sons as it may dec-m proper for the coming municipal year for the sale of spirituous, vinous and fermented liquors in quanti¬ ties of one gal on and over, or malt liquors in quantities of five gallons or over within the corporate limits of the city. 776. The license fee from such wholesale dealers shall be 200 CITY ORDINANCES. as follows: The sale of malt liquors alone, $150.00 per annum; the sale of spirituous, vinous and fermented liquors, $350.00 per annum. 777. Before any license shall issue under the provisions of the two preceding sections, the applicant shall first execute a bond to the city of Monmouth in the penal sum of three thou¬ sand dollars with at least two sureties, free holders of Warren County, Illinois, to be approved by the city council, and con¬ ditioned that the party licensed shall faithfully observe and keep all ord nances of the city of Monmouth now in force or hereafter to be passed during the period of such license, and shall pay the license fee to the city collector. 778. No person or firm to whom such wholesale license shall be granted or his or their clerk, agent or servant shall sell any of said liquors in less quantities than provided in such license nor in any quantity to be delivered except at the place of business of such person or firm nor in any quantity to be drank upon the premises or in or upon any adjacent room, building, yard, premises or place of public resort, nor shall any of such liquors be sold or delivered to a minor or to any person in the habit of becoming intoxicated, nor shall any of such liquors be sold or delivered on Sunday for any purpose, or on election days, ex¬ cept for shipment from the city. CHAPTER XLVII. LIQUORS, UNLICENSED SALE OF 779. Whoever shall by himself or another either as prin¬ cipal, agent, servant, clerk or otherwise directly or ir directly, sell or give av ay, in arty quantity to any person any intoxicat¬ ing, malt, vinous, mixed or fermented liquors, shall for each and every offense be fined in the sum of twenty-five ($25) dol¬ lars. Provided, that this section shall not app y to sales made by persons having a license to keep a dram shop or a wholesale liquor dealer’s license or a druggist’s permit, unless such sales be made in a place or in quantities or to a person or persons or at times or under conditions not authorized by the license or permit held by such person or persons. 780. Whoever, whether having a license to keep a dram shop, or wholesale dealer's icense or druggist’s permit or not, shall by himself or another either as principal, agent, servant, clerk or otherwise, sell, give or delive r to any person of the CITY ORD1 NANCES. 201 classes in this section mentioned, or buy or in any manner pro¬ cure or aid in procuring any intoxicating, malt, vinous, spiritu¬ ous, mixed or fermented liquors for any minor, apprentice, servant), insane,' idiot or distracted person, habitual drunkard or person intoxicated or person in the habit of getting intoxi¬ cated, shall for each and every offense be lined in the sum not less than fifty ($50) dollars nor more than one hundred ($100) dollars. 781. Whoever keeps open upon the first day of the week, commonly called Sunday, any place where intoxicating, malt, vinous, mixed or fermented liquors are sold or given away shall for each offense be fined the sum of one hundred ($100) dollars. 782. In any proceeding under this ordinance it shall not be necessary to state the kind of liquors bought, sold, given away or delivered, nor the name of the person or persons for whom bought or to whom sold, delivered or given, nor to show the knowledge of the principal to convict for the acts of the agent, servant or clerk, nor to state the place where sold,given away or delivered. CHAPTER XLVIII. MISDEMEANORS. 783. It shall be unlawful for any person in this city on Sunday to engage in any ordinary labor, trade or business, except works of necessity or mercy, or to keep open any house of trade, shop, saloon or store, or any place of business or amusement. 784. Any person who shall within the city kill or wound or attempt to kill or wound any wild bird (hawks, owls and English sparrows excepted) or any squirrel (such animal not being the property of the person so offending) shall be fined not less than one dollar. 785. Any person who shall engage in any game, sport or amusement, exhibition or show, or indulge in, or perform any feat or act in the street, or upon any sidewalk, which shall have a tendency to frighten horses, or which shall collect a crowd of persons, so as to interfere with the passage of teams, vehicles or passengers along such streets or sidewalks, or who shall place or cause to be placed in or near any street, any 202 CITY ORDINANCES. board, sign, structure, or thing likely to frighten horses, shall be subject to a penalty of not less than three dollars. 786. Whoever shall wilfully or carelessly break, injure, deface or destroy, or in any manner without authority, disturb or interfere with any telegraph, telephone, trolley or other e eetric wire, or any pole or post designed for the support of such wire, or without authority, in any manner injure, disturb, or interfere with any mailing box or rost, or any curb or curb¬ stone or any street lamp or lamp-post, or any gas pipe, shall be subject to a penalty of not less than five dollars. 787. Whoever shall, without proper authority, destroy, tear, mutilate, cover over, or otherwise deface or injure, any bill or poster, descriptive or giving notice of any meeting, per¬ formance or entertainment thereafter to be had or given or who¬ ever shall break, deface, destroy, remove, trespass upon or otherwise injure any public or private property shall, on con¬ viction, be subject to a penalty of not less than two dollars. Provided, that this section shall not apply to bills or posters prohibited by law or ordinance or to such as may be posted in places not permitted by law or ordinance. 788. Whoever shall, in any public square, park, street or public ground, or ground belonging to the city, without proper authority, or in any private grounds without permission of the owner or person in charge thereof, cut, injure or destroy any tree, vine, shrub, plant, grass or walk, or cut or remove any sod or earth, shall be subject to a penalty of not less than three dollars. 789. Whoever shall without the consent of the owner or person in charge thereof post, put up, stick or place any adver¬ tisement, hand bill, placard, show bill, circular or other notice or matter upon any building, tree, box, gate, fence, sidewalk, lamp post, pole, awning, telegraph, telephone, electric light or trolley pole or vehicle shall be subject to a penalty of not less than three dollars. 790. Whoever shall in any street, alley or public grounds, except with permission or instruction of the superintendent of streets, throw, place, deposit or leave any brick, stone, glass, iron, ashes, or any rubbish of any kind, or who shall in any such place put, or leave any straw, paper, pasteboard, shavings or refuse, or any decayed fruit or vegetables or parings thereof or any house or kitchen slops shall be subject to a penalty of not less than three dollars. 791. No person shall stop or obstruct the passage of the water of any street, gutter, or public sewer, culvert, water CITY ORDINANCES. 203 pipe, hydrant, or water course within the city, under the pen¬ alty of not less than five dollars for each offense. 792. No person shall thiow, cast, lay, or place on any sidewalk in the city, the rind or peel of any orange, banana, apple, or other fruit, under a penalty of not less than one nor more than five dollars for each offense. 793. Whoever shall obstruct or encumber any street cor ner, sidewalk, postofiice, hallway, or other public building or place in the city, by lounging in or about the same, and after being requested to move on by any police officer, shall refuse to do so, shall be subject to a penalty of not less than two dollars. 794. Any person unnecessarily loitering or standing about the door or entrance of any hall, church, or other public build¬ ing, to the inconvenience of persons passing in and out, who shall refuse to move on when commanded by any person in charge of such hall or public building, or officer or usher of such place of worship or assembly, or by any police officer, shall be subject to a penalty of not less than two dollars. 795. Any person able to work and maintain himself or herself in some lawful calling, not having vi&ible means of support, who shall live idly without employment and without any fixed place of abode, or shall stroll about the streets beg¬ ging 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 devices 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 while intoxicated, or habitually sleep in out houses, stables, lumberyards, 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 night, without being able to give a good and satisfactory account for so doing, shall be deemed vagrants within the meming of this section, and shall, upon conviction, be fined not less than one dollar nor more than twenty-five dollars in each case. 796. Whoever shall, in any public place, or place open to the public view, within the city, write or draw, cut, make, or 204 CITY ORDINANCES. show, any lewd or indecent word, sentence, design or figure; or whoever shall indecently exhibit any stallion, bull, jackass or other animal, except in an enclosed place out of public view and hearing, shall, in either case, be subject to a fine of not less than five dollars or more than fifty dollars. 797. Whoever shall, within the city, or within three miles of the outer boundaries thereof, keep or maintain, directly or indirectly, any bawdy or disorderly house, house of ill-fame or of assignation, or place for the practice of fornication or adult¬ ery, shall, upon conviction, be fined in any sum not less than ten dollars nor more than two hundred dollars for each offense, and be subject to a further penalty of one hundred dollars for every twenty-four hours such person shall keep or maintain said "house after the first conviction or after any such person shall have been ordered by any member of the police force to * discontinue the same. 798. Whoever shall, within said city, or within three miles of the limits thereof, knowingly lease, let or permit any build¬ ing or premises, owned by him or under his control, to be used in whole or in part as a house of ill-fame, or house of assigna¬ tion, or place for the practice of fornication or adultery, shall be subject to a fine of not less than ten dollars nor more than one 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. 799. 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 two dollars nor more than twenty dollars for each offense. 800. Whoever shall, within said city entice, influence or persuade any female to enter or frequent any bawdy house, house of ill-fame or assignation, or place used for the practice of fornication or adultery; or w T hoever 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 two hundred dollars. 801. In any action or suit arising under the last four pre¬ ceding sections of this chapter, the fact that any house is a house of ill-fame or of assignation, or that any house is used for the practice of fornication or adultery, shall be sufficiently proven or established by evidence that such is the general repu¬ tation of the same. CITY ORDINANCES. 205 802. Any person who shall oe guilty of any open lewdness or indecency, or who shall, in the hearing of other persons, publicly utter any obscene or filthy word or expression, or who shall appear in any public place in a state of nudity, or in any dress not belonging to his or her sex, or in any indecent dress, or in any indecent condition, shall be subject to a penalty of not less than five dollars for each offense. •803. Whoever shall use any profane or obscene language in any public place in said city, loud enough to be heard by any persons passijg thereby, and when any woman may be suffi¬ ciently near to hear the same; or shall be guilty of any disor¬ derly conduct or behavior, shall, in any case, be subject to a tine of not less than one dollar nor more than twenty dollars. 804. Any person who shall bring or cause to be brought into said city, for the purpose of sale or exhibition, or shall keep, sell, uffer or expose for sale, any obscene or indecent publication, book, pamphlet, paper, print, picture, illustration, model, cast, instrument or article for indecent or immoral use, or shall advertise the same for exhibition or sale, shall, on con¬ viction, be fined not less than ten dollars nor more than two hundred dollars for each offense. 805. Whoever shall exhibit or perform, or assist in exhib- ing or performing, in said city, any obscene, indecent or lewd play, or other such representation, or shall knowingly permit the same to be exhioited or performed in any building or hail owned or controlled by him, shall, in each case, be subject to a fine of not less than ten dollars nor more than fifty dollars. 806. Whoever shall inhumanely, unnecessarily or cruelly beat, injure or otherwise abuse any dumb animal, or overload any team, or inhumanely treat or restrain any animal, shall be fined not less than five dollars nor more than twenty dollars for each offense. 807. No doctor, druggist or other person shall make, sell, put up, prepare or administer any prescription, decoction or medicine under any deceptive or fraudulent name, direction or pretense, under the penalty of not less than ten dollars for each offense. 808. No poisonous medicine, decoction or substance shall be held for sale or sold, except for lawful purposes and with proper motives, and by persons competent to give the proper directions and precautions as to the use of the same; nor shall any bottle, box, parcel or receptacle thereof be delivered to any person unless the same is marked “poison, ” nor to any person to whom the party delivering the same has reason to think 206 CITY ORDINANCES. intends it for any illegal or improper use or purpose, under the penalty of not less than twenty-five dollars for each offense. 809. Whoever shall in said city, interrupt or disturb any congregation or assembly met for the purpose of religious wor¬ ship, or for any lawful purpose, by making any loud or unusal noise, or by rude and indecent behavior, or by obscene or improper discourse or conduct shall, on conviction be fined not less than five dollars nor more than fifty dollars. 810. 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, quarrelling, challenging to fight or fighting, or any other disorderly conduct, or who shall employ any bellman or cryer, or use any bell, gong or drum in connection with or for the purpose of directing attention to any place of sale, or at or near any auction room, shall upon conviction be fined not less than one, nor more than twenty dollars. 811. Whoever shall wilfully turn a stream of water from any hose or hydrant upon any other person, or upon any private premises (except in case of fire) without consent of the occu¬ pant of such premises, shall be liable to a fine of not less than one dollar. 812. Any person who shall within said city engage in fighting or shall challenge any person to fight, or who shall commit an assault upon the person of another, or shall threaten or traduce another, or shall use any profane, obscene, abusive or offens.ve language, or indulge in any conduct toward another tending to provoke a disturbance or breach of the peace, shall upon conviction be fined not less than three dollars. 813. Any person who shall, except in performance of duty, attempt to get on or in any manner attach himself to any loco¬ motive, tender, railroad car or street car while in motion or who 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, shall be subject to a penalty of not less than one dollar. 814. Any person keeping or having charge of any house, building, shop, or place of any description who shall suffer or permit therein any loud and boisterous talk or conversation, or any profane or obscene language, or any species of disorder or tumult, which may alarm or disturb others in such place, or may alarm or disturb the neighborhood, or persons passing on any public street or highway, shall be deemed guilty of a mis- CITY ORDINANCES. 207 demeanor, and shall be liable to a penalty of not lees than three dollars for each offense 815. Any person who shall make, aid, countenance, or assist in making any improper noise, riot, disturbance, breach of the peace, or diversion tending to a breach of the peace in the streets or elsewhere in the city, and all persons who shall collect in bodies or crowds for unlawful purposes or for any purpose to the annoyance or disturbance of citizens or travel¬ ers, shall be severally subject to a fine of not less than one nor exceeding one hundred dollars. 816. Whoever shall, within said city, set up, run or main¬ tain any lottery, or shall sell or dispose of for gain any ticket, chance or share in any lottery, or shall sell or attempt to dis¬ pose of any article of property dependent upon any chance, by dice, lot, numbers, or other device, or shall promote or be in any way connected with any such lottery or game of chance; or who¬ ever shall knowingly permit any such lottery, business or en¬ terprise, to be carried on in any building or premises owned or controlled by him, shall,on conviction, be fined nor, less than ten dollars nor more than one hundred dollars for each offense. 817. Whoever shall knowingly and willfully assult, beat, obstruct, resist, hinder, delay or oppose any x jo ^ ce officer or other conservator of the peace of the city, or any person aid¬ ing such officer in the discharge of any official duty, or shall refuse or neglect to obey any lawful order or direction of such officer, or shall refuse or neglect to aid and assist such officer in taking or arresting or securing any person subject to be arrested in accordance with any ordinance of the city or crim¬ inal law of the.state, or shall neglect or refuse to aid in retak¬ ing or securing any person who, having been lawfully arrested or confined as aforesaid, may have escaped from such arrest or imprisonment, or shall neglect or refuse to aid and assist in preventing any breach of the peace, or the commission of any criminal offense, being thereto lawfully required by any police officer, special constable or other conservator of the peace, or who shall rescue or attempt to rescue any person from the custody of an officer or any person having such person legally in custody, or shall molest or interfere with any officer nr per¬ son so having any person in custody, or shall in any manner aid, abet or encourage the rescue or escape, or the attempt to escape from imprisonment or custody of any person legally committed thereto, shall be subject to a penalty of not less than ten dollars. 818. Whoever shall be in a state of intoxication or drunk¬ enness in any public place, or place open to public view, within 208 CITY ORDINANCES. the city, or in any private house or place to the annoyance of any person, shall, upon conviction, be fined not less than one dollar nor more than fifty dollars. 819. Any person or persons who shall drink any intoxicat¬ ing, malt, vinous, mixed or fermented liquors, on any public street or other public place in said city, or in public view in said city, or in any alley, shed, barn, out building, hall, room, stable yard, or other private place in said city without consent of the authorized occupant thereof, shall be liable to a fine of five dollars for each offense. 820. Any owner, lessee, occupant, or agent of such owner, lessee, or occupant, who shall give consent to any person or persons to drink any intoxicating, malt, vinous, mixed or fer¬ mented liquors in any shed, barn, outbuilding, open hallway,or stable yard, shall be liable to a penalty of 'five dollars for each offense. 821. Every person who engages or aids in any game, device, trick or scheme designed, or intended to cheat, swindle or defraud any one out of any money, or other property, or who shall attempt, or aid in attempting, to cheat, swindle, or defraud any one of any money or property, by any game, trick, scheme, or device, or who has in his or her possession in the city, any implement, token, or device, used in any game of chance, sleight of hand, trick or scheme, calculated or intended to cheat, swindle, or defraud anyone out of money or property, shall be deemed guilty of a misdemeanor, and be liable to a penalty of not less than five nor exceeding fifty dollars for each offense. 822. Whoever shall set up, keep or maintain or permit to be set up, kept or maintained in any house, room or place within this city owned, occupied or controlled by him, any table, instrument, device or thing for the purpose of gambling, or with or by which money, liquors, cigars or anything of value shall be played for, or whoever shall keep a room or rooms or place for the purpose of playing poker or any other game what¬ ever with cards or dice or other device or thing whatever for the purpose of gambling, and upon which money or anything of value is staked, shall be subject to a penalty of not less than one hundred dollars. 823. Whoever shall deal, play or engage in faro, roulette, poker, or any other device or game of chance, either as banker, dealer, player, or otherwise, for the purpose of gaming, shall be subject to a penalty of not less than five dollars for each offense. 824. No person shall bring into this city, or have in his, CITY ORDINANCES 209 her or their possession in this city, any table, thing or device of any kind or nature, whereon or with which money or anything of value may in any manner be played for, under a penalty of not less than fifty dollars. 825. Any person who is a frequenter, visitor, inmate or solicitor for any house, room or place in this city kept for the purpose of gaming, or in which any of the games covered by the previous sections are played for money, liquor, or any other thing of value, shall be subject to a penalty of not less than ten dollars. 826. Whoever without proper authority injures or exting¬ uishes or in any way interferes with any gas or electric light, or any light or signal, placed on any street, avenue, alley, side¬ walk or oiher public place in the city to indicate danger shall be subject to a fine of not less than ten dollars. 827. Whoever places or causes to be placed in or upon any street, alley, highway or public ground any tack, nail, piec^ of iron, broken glass or other substance which may injure, cut or puncture any pneumatic tire, shall be subject to a penalty of not less than three dollars. 828 Whoever shall, within said city, wear or carry, con¬ cealed about his person any pistol, revolver, slungshot, metal¬ lic knuckles, bowie knive, dirk, razor or other dangerous or deadly weapon; or whoever shall display or flournish any such weapon in a boisterous or threatening manner, shall, on convic¬ tion, be fined not exceeding twenty-five dollars for each offense; provided, that the provisions of this section shall not be held to apply to any police officer, 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. 829. Whoever shall, by gesture or otherwise, encourage dogs to fight or continue fighting, shall be subject to a penalty of not less than two dollars. The police officers shall suppress all dog fighting and arrest the persons encouraging the same. 830. Whoever shall falsely personate a city officer or shall molest, hinder or obstruct any city officer or any employe of the city, in the performance of his official duty, or whoever shall change, remove or destroy any stone, stake or post set to mark the corner of any lot or parcel of ground, or any street or alley, or to show the grade of any street, alley, side¬ walk in the city or set for any other purpose by such officer or employe, shall on conviction be fined not less than two dollars. 831. Whoever shall, by the burning of any stable refuse or rubbish, or any bonfire cause offensive smell or smoke, to 210 CITY ORDINANCES. the discomfort or inconvenience of residents of the neighbor¬ hood, shall be subject to a penalty of not less than one dollar. 832. No person shall sell to, buy for or furnish to any minor not above the age of sixteen years, any cigar, or any tobacco in any form, under penalty of not less than five dollars. 833. Any person having or recovering from any malignant and infectious disease who shall appear in any public place before he shall be past all danger of giving the disease to others, shall be subject to a penalty of not less than ten dollars. 834. Any person attending or being with any person hav¬ ing any malignant or infectious disease, who shall not change or purify his wearing apparel before appearing in any public }3lace, or shall so conduct himself as to endanger the spreading of such disease, shall be subject to a penalty of not less than ten dollars. 835. The establishment or carrying on of any offensive or unwholesome business within the city or within one mile of the limits thereof is hereby prohibited, and whoever is guilty thereof shall be liable to a fine of not less than $5.00 nor more than $200 for each offense. 836. Whenever a peddler shall enter any private dwelling without being admitted into the same, or shall insist upon the showing or sale of his goods or wares to any person after being requested not to do so, or shall annoy any person by importuni¬ ties to purchase, or shall obstruct any sidewalk or street by the opening of his goods and wares, drugs or other things, shall be subject to a penalty of not less than three dollars for each offense. 837. No person while distributing hand bills, notices or other printed matter, shall ring the bell or knock upon the door of any private residence, except in compliance with the request of the occupant thereof, under penalty of not less than one dollar. 838. Whoever shall keep more than two swine in one pen or upon one lot when the land is laid out in lots or shall keep any swine in a pen adjoining any public street or avenue, or within twenty-five feet thereof, or within three blocks of the public square in the city shall upon conviction be fined not less than three dollars, and three dollars in addition for every twenty-four hours he shall allow such swine to remain after conviction. 839. It shall be unlawful for any person or persons to CITY ORDINANCES. 211 enter upon and engage in any games, sports or plays, upon any of the public school grounds where public schools are held, during school hours, or while any public schools are in opera¬ tion, or during vacation, or be found loitering about the same; and it shall be unlawful for any person or persons to commit a nuisance on such grounds at any time. 840. Whoever in the use of a telephone instrument shall use profane, indecent, obscene or vulgar language, or whoever shall in such use personate or represent another and shall thereby or shall in any other manner in the use of such an instrument prejudice, injure or seriously annoy any other per¬ son or persons, or whoever shall in such use raise a false alarm shall be subject to a penalty of not less than $2.00. CHAPTER XLIX. NUISANCE. 841. Any pig pen, stable or other place in which swine or other animals are kept, or any building or premises within the city 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 nuis¬ ance; and the owner or keeper of such a pen, swine or other animals, or the owner or occupant of such building or 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 one dollar 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 such nuisance. 842. 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 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 or shall allow or per¬ mit the contents of any vault, privy or cesspool to rise within less than two feet of the top thereof, shall be deemed guilty of a nuisance and shall upon conviction be fined not less than three dollars for each offense. 843. It shall constitute and is hereby declared to be a nuisance for any person or persons, the owner or drivers of any 212 CITY ORDINANCES. wagon or other vehicle loaded with any dead hog or dead swine or other animals, unless the same have been slaughtered for use as meat, to stop such wagon or vehicle containing any such load or part of a load at or upon any street, avenue, alley, or place within the city, or to unload the contents or any part of such load at or upon any place within the limits of the city, except within or upon cars for immediate shipment; and any person or persons, owner or driver of any such vehicle guilty of a vio¬ lation of any of the provisions of this section, shall be liable to a penalty of not less than three nor more than one hundred dollars for each and every offense. 844. Any noxious, objectionable or dangerous plant or weed liable to spread over surrounding ground to the public injury, or detrimental to persons residing or owning property in the vicinity, allowed to grow on any lot or premises in the city, is hereby declared a nuisance, and any person permitting such growth on any premises controlled by him shall be subject to a penalty of not less than three dollars for each offense, and shall also be liable for all cost incurred under the direction of the superintendent of streets in the removal or extermination of such plants or weeds upon such premises. 4 845. Any wooden building or wooden part of any building which may be situated within thirty feet of any contigious building, and which shall be so dilapidated and out of repair as to be untenantable, is hereby declared to be a nuisance. 846. Any building, or erection or part thereof, which shall be in danger of falling, or otherwise in such a condition as to endanger the safety of persons passing under or near the same, or residing adjacent thereto, or to endanger any property con¬ tigious thereto, is hereby declared to be a nuisance. 847. Whoever shall, within said city butcher or slaughter any cattle, sheep, swine or other animals, except for his own family use, 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, estab¬ lish any slaughter or packing house, or carry on the business of slaughtering or butchering stock, without obtaining the per¬ mission of the city council therefor, shall be deemed guilty of a nuisance; or whoever having obtained permission of the city council, shall conduct or carry on the business of slaughtering or butchering in such manner as to taint the air so that the same shall become offensive, annoying or unwholesome to the persons residing in the neighborhood thereof, shall be deemed guilty of a nuisance. Any person or persons causing or con¬ tinuing any such nuisance, or failing to keep his or their prem- CITY ORDINANCES. 213 ises in aclean and inoffensive condition, shall be subject to a tine of not less than five dollars nor more than one hundred dollars in each case, and to a further fine of tive dollars for each day after the first conviction that any such nuisance shall remain. 848. Whoever shall, within the city limits, establish or maintain any tallow chandlery, tannery, or bone factory, or shall steam, boil or render any tainted lard, 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 and carry on such business as to taint the air and render it offensive or unwholesome, or so as to effect the health or comfort of persons residing in the neigh¬ borhood thereof, shall be deemed guilty of a nuisance, and shall be subject to a fine of not less than two dollars nor more than twenty dollars for each offense, and to a further fine of two dollars for each day after the first conviction that any such nuisance shall be continued. 849. That the keeping of any jack, horse, dog or other animal within the city which by braying, kicking, squealing, barking or howling or in any other manner disturbs the quiet of any person or persons is hereby declared to be a nuisance, and whoever is guilty thereof shall be liable to a fine of not less than two dollars, and the like sum for every twenty-four hours he shall allow the same to remain after being notified to remove or abate the same. 850. Whoever shall commit a nuisance of any kind or description in, upon or about any private property or in any public place or grounds within the city shall be liable to a fine of not less than two dollars for each offense. 851. When any nuisance or anything likely to become a nuisance, may be found upon any premises, the owner, occu¬ pant, or agent of such premises shall be notified by the marshal or any policeman in writing to abate the same; and if such owner or his agent or occupant, whose duty it is to abate such nuisance, shall not within twenty-four hours thereafter comply with such notice, he shall be subject to a penalty of not less than two dollars. 852. Whenever any person shall be convicted of maintain¬ ing a nuisance, and shall fail to abate and remove the same, such nuisance shall be abated by the marshal, and the cost and expense of such abatement shall be paid by the person or per¬ sons responsible for such nuisance. 214 CITY ORDINANCES. 853. Whenever any nuisance is of such a nature or char¬ acter that the continuance thereof is liable to result in injury to any person, or in expense to the city, it shall be the duty of the city marshal to abate and remove the same summarily without waiting for the conviction of the author thereof. 854. The storing or keeping in store within the city or within one-half mile of the limits thereof, and within 100 feet of any dwelling or business house, of old rags in excess of 500 pounds at any one time, is hereby declared to be a nuisance, and whoever is guilty thereof shall be fined not less than $2.00 for each offense, and to a further sum of $2.00 for each day after the first conviction that any such nuisance shall be con¬ tinued. 855. All places where any intoxicating, malt, vinous, mixed or fermented liquors are sold or given away in violation of any ordinance of the city, and all places within said city where any of such liquors are kept on hand for sale or gift contrary to any city ordinance, and all places where any table, instrument, device or thing is kept for the purpose of gambling or with or by which money, liquors, cigars or anything of value shall be played for, contrary to any city ordinance, and all places kept for the purpose of playing poker or any other game whatever with cards or dice or other device or thing whatever for the purpose of gambling and upon which money dr anything of value is staked, contrary to any city ordinance, and all bawdy and disorderly houses, houses of ill-fame or assignation within the limits of the city or within three miles of the boundaries of the city, shall be taken, held and are hereby declared to be nuis¬ ances, and whoever shall keep any such place by himself or his agent or servant shall for*each offense be fined the sum of two hundred dollars, and it shall be part of the judgment upon con¬ viction of the keeper that the place so kept shah be abated and shut up. 856. That upon the entering of a judgment for any viola¬ tion of the previous section, the magistrate or court, by or before whom such judgment is rendered, shall issue an order directed to the city marshal or any police officer of the city, directing him to shut up such place and keep the same shut until the keeper thereof shall give bond, with security to be approved by the city clerk or by the court before whom the judgment was rendered, in the sum of one thousand dollars, payable to the city, conditioned that he will not sell any of such liquors upon such premises, or that no such table, instrument, device or thing shall be kept in such place for the purpose of gambling, or that such place shall not be kept for the purpose of playing poker or any other game w T hatever with cards, dice CITY ORDINANCES. 215 or other device or thing whatever for the purpose of gambling, or that such place shall not be kept as a bawdy or disorderly house, house of ill-fame or assignation, as the case may be. And in each instance such bond shall contain a provision that the principal therein or the occupant of the premises shall at any time during business hours or when such place shall be open for business allow the mayor, city marshal or any police officer of the city to enter such place and search for the article or articles for the keeping, using or selling of which said prin¬ cipal was convicted, or for improper characters supposed to be inmates thereof, he or she giving and granting such officer or officers all reasonable facilities for making such search. And in case of a violation of any of the conditions of such bond, the whole of said sum shall become due and payable to the city, and the city may sue for and recover the full amount ot the sum named in the bond as tixed and liquidated damages. 857. In all cases where no provision is herein made defin¬ ing what are nuisances and how the same may be removed, abated, or prevented, in addition to what may be declared such herein, those offenses which are known to the common law of the land and the statutes of Illinois as nuisances may, in case the same exists or is committed within the city, be treated as such, and proceeded against as is in this chapter provided, or in accordance with any other law which shall give the officer trying the same jurisdiction. CHAPTER L. ORDINANCES. 858. All ordinances passed by the city council shall be recorded by the clerk in a record book of ordinances and shall be properly indexed by their titles and subjects. The originals shall be filed in the clerk’s office, and due proof of the publica¬ tion of all ordinances requiring publication by the certificate of the printer or publisher shall be procured by the clerk and attached thereto, or written and attested upon the face of the record of such ordinances. 859. Whenever hereafter ordinances are published in any newspaper in the city, it shall be the duty of the city clerk to 216 CITY ORDINANCES. cause three copies of the proofs of said ordinance as published, to be printed on book paper having a margin of at least one inch, one copy each for the use of the police magistrate and city attorney, and one to be filed in the clerk’s office for refer¬ ence. 860. When any ordinance or part thereof shall be repealed or modified by a subsequent ordinance, the ordinance or part thereof so repealed or modified, shall be in force unti the tak¬ ing effect of the ordinance repealing or modifying the same. No ordinance, or part thereof, repealed by the city council, shall be deemed to be revived by the repeal of the repealing ordinance unless it shall be therein so expressly provided. 861 In all cases where the same offense may he made pun¬ ishable, or shall be created by different clauses or sections of the ordinances of the city, the prosecuting officer may elect under which to proceed. 862. Whenever in this or in any ordinance hereafter passed, a minimum but no maximum fine or penalty is imposed, the court or jury may in its discretion adjudge ttm offender or ofhnders to pay any sum of money from the minimum tine or penalty so fixed, to not exceeding the sum of two hundred dol¬ lars 863. All ordinances or parts of ordinances, except when otherwise expressly provided, shall refer and apply to and be confined to the corporate limits of the municipal corporation of the city of Monmouth in Warren county and state of Illinois. 864. No fine, forfeiture, penalty, right, action, suit, debt or other liability whatever, created, instituted, incurred or accrued by or under any ordinance prior to its repeal or modifi¬ cation, shall be released, discharged, annulled, repealed or in any wise affected by the passage of such repealing or modify¬ ing ordinance; but ihe same may be prosecuted, recovered or enjoyed, or any suit or other proceedings be commenced or completed thereon, as fully and in the same manner, in all respects, as if such ordinance or part thereof had remained in full foi ce, unless it shall be otherwise expressly provided in the ordinance making such repeal or modification. 865. 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 oi other court, nor shall such testimony be used in any manner against such witness for such purpose. 866. Whenever any words in any ordinance importing the plural number shall be used in describing or referring to any matters, parties, or persons, any single matter, party, or per- CITY ORDINANCES. 217 son shall be deemed to be included although distributive words may not be used. And when any subject matter, party or per¬ son shall be referred to in any ordinance by words importing the singular number only, or the masculine gender, several matters, parties, or persons, and females as well as mains and bodies corporate shall be deemed to be included: Provided, that these rules of construction shall not be applied to any ordinance which shall contain any express provision excluding such construction, or where the subject matter or context of such ordinance may be repugnant thereto. 867. 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 affirmat on, and the word “sworn” to mean sworn or affirmed. Whe n in any ordinance any act shall be required to be done within a “reasonable time,” or upon a “reasonable notice,” such reasonable time or notice shall be deemed to mean such time onH as may be necessary in the prompt execution of such duty or compliance with such notice. 868 When any duty shall be required of or power vested in the mayor, the same shall be deemed to extend to and em¬ brace, and may be exercised by the acting mayor also; and when any duty shall be required of or power vested in the city marshal, the same shall be deemed to extend to and to embrace, and may be exercised by the seargam of police and by police¬ men, unless such construction would be contrary to the terms of the ordinance, or in derogation of the city charter. 869. Whenever in any ordinance the doing of any act or thing is or may be enjoined or required as a duty, or is or may be prohibited, or is or may be declared to be a breach thereof, and there is or shall be no line or penalty declared for such breach or for the failure or omission to do or perform sueh duty or for the commission of such prohibited act or thing, then in every such case any person who shall be convicted of such omission or commission, or of such breach shall be adjudged to pay a fine of not less than three nor more than one hundred dollars for each offense. 870. 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. 218 CITY ORDINANCES. CHAPTER LI. PAWN BROKERS, JUNK DEALERS, ETC. 871. Any person who loans money on deposit or pledge of personal property, bonds, notes or other securities, or who deals in the purchasing of personal property, or choses in action, on condition of selling the same back again at a stipu¬ lated price, or who shall at his place of business, exhibit three balls, or any other sign or device designating the business of a pawnbroker, is hereby defined and declared to be a pawn¬ broker. 872. Any person who keeps a store, office or place of busi¬ ness for the purchase or sale of junk, rags, old iron or any other old metal, paper, bagging or the like, is hereby defined to be a junk dealer; but the purchase of old metal at foundries for use in their business shall not be considered as junk dealing. 873. Whoever keeps any store, room, office or place of business for the purchase or sale of second-hand furniture, household goods, clothing, or any other second-hand articles, is defined to be a keeper of a second-hand store. 874. Every pawnbroker and loan broker or keeper of a loan office, shall keep a book in which shall be fairly written in ink at the time of each loan an accurate account and description in the English language of the goods, article or thing pawned or pledged, the amount of money loaned thereon, the time of pledging the same, the rate of interest to be paid on such loan, and the name and residence of the person pawning or pledging the said goods, article or thing. No entry made in such book shall be erased, obliterated or defaced. 875. The said book as well as every article or other thing of value pawned or pledged, shall at all reasonable times be open to the inspection of the mayor or any member of the police force. 876. No person licensed for either purpose aforesaid, shall take or receive in pawn or pledge for money loaned or shall take, receive or purchase in the line of his business as a pawn¬ broker, junk dealer, or keeper of a second-hand store, any article, property or thing from any minor or any article, prop¬ erty or thing, knowing it to be owned or claimed by a minor, nor from any person appearing to be intoxicated, nor from any person known to be a thief or to have been convicted of lar¬ ceny, or burglary. Any person violating either of the provis¬ ions of this section shall, on conviction, be fined in a sum not less than five dollars for each and every offense. CITY ORDINANCES. 219 ? CHAPTER LII. POLICE MAGISTRATE. 877. The police magistrate and the several justices of the peace of this city shall keep a full and complete docket of all city cases commenced, tried and disposed of before them, and note upon the docket so kept, what disposition was made as to fines and forfeitures or steps taken in each and every case. 878. No suit or proceeding, under the laws or ordinances of the city, shall be dismissed for any defect or informality in the complaint, and amendments may be allowed in all cases upon such terms as the magistrate or court shall deem just and reasonable. 879. If the name of the defendant is unknown, he may be designated by any description by which he can with certainty be identified; and if upon arrest he shall refuse to disclose his true name, he may be tried and convicted by the designation used in the warrant. But where the true name of any defend¬ ant 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. 880. In all cases of arrest made for violations of any ordi¬ nance of this city, the officer making the same, may, in his dis¬ cretion, take special bail or security for the appearance of the person arrested at the proper time and place; the amount or value of said bail or security to be at least double the amount of the lowest fine and costs to which the offense is liable, but in no case to be less than ten dollars. Provided, that if special bail or security be offered, it shall be the duty of the officer making the arrest or having charge of the person arrested, before accepting such bail or security, to make out and take from such person a written waiver of service of process and of trial by jury, and an entry of appearance before the police mag¬ istrate or a justice of the peace of the city, to answer to the offense with which he may stand charged, and agreeing that the court shall try such cause at such time as may be fixed in such written waiver, and if at the time fixed said person shall fail to attend before the police magistrate or justice, the court shall render judgment by default for such amount as shall be deemed just and proper under the evidence in the case; and thereupon if such special bail or security be in money, the same or so much thereof as may be necessary to satisfy the fine and costs may be applied therefor, and the remainder, if any, be repaid by the said officer; if such special bail or security be by pledge,. ■220 CITY ORDINANCES. the property pledged maybe levied on and sold, and the pro¬ ceeds applied as in the ca e of other sales un-ber execution; and if such special bail or security be by bond, and the fine and costs be not paid or satisfied in some other way, suit may be brought upon such bond against the principal and his surety or sureties to the amount of the penalty of the bond, and judgment rend¬ ered by the court for the ^arpe and all costs, or so much of said penalty as shall be necessary to satisfy the judgment and costs against the principal in such bond; and provided, further that if the person giving special bail or security and signing the waiver hereinbefore provided for, shall appear at the time and place sot for tr al that such waiver shall not deprive him of the right of trial by jury. 881. If any person charged with any offense under the ordinances of the city shall, upon trial therefor be acquitted, and it shall satisfactorily sppear to the court that the complaint or prosecution was instituted maliciously or vexatiously, and without probable cause, judgment may be rendered against 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. 882. That in all ca^es where any person or persons may hereafter be convicted of a violation of any of the ordinances of the said city, the court or magistrate before whom the convic¬ tion is had shall in its or his judgment upon such conviction order and direct that the person or persons so convicted shall be committed to the county jail or city prison until such fine, penalty and costs shall be fully paid, providing in such judgment however, that no such imprisonment shall exceed six months for any one offense. 883. That every male person who has been convicted as above provided and committed to prison in default of payment of any fine adjudged against him, may be required to work for the city upon the public streets under the supervision and con¬ trol of the superintendent of streets of the city, or at such other labor as may be provided for such purpose by order or resolu¬ tion of the city council, and for such work the convict so em¬ ployed shall be allowed, exclusive of cost of board, the sum of fifty cents for each day’s work of ten hours each on account of such fine and costs, provided, however, that if such person should fail or refuse to perform a fair and reasonable amount of work during the hours he is so employed he shall receive no credit therefor, and, provided further, that every person who when required to work as provided in this section shall without the consent of the superintendent of streets or of the city mar- CITY ORDINANCES. 221 shall leave such work and abscond, he shall be subject to a penalty of not less than three and not more than ten dollars for each offense. 884. The police magistrate and each justice of the peace who may collect any fine or fines fcr violation of the ordi¬ nances of the city shall pay the same over to the city treasurer on or before the first day of the succeeding month, and shall on the first day of each month make a report to the city clerk, showing the number of cases, and their titles, commenced before him in which the city is a party, during the preceding month; such report shall show in what manner each and every suit has been disposed of, the amount of costs made by each party thereto, and the amouut of fines and costs collected in each case, with the aggregate amount collected by him for such month; and he shall attach to such report the treasurer’s receipt for all fines collected by him the preceding month. CHAPTER L II. PRISON—CITY. 885. The buildings- and enclosures which now are or may hereafter be erected, situated upon the north end of lot one (1) block ten (10), Old Town Plat of the city, are hereby estab¬ lished as a city prison 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 magistrate or other competent court, 886. The marshal of said city shall have charge of and be the keeper of said prison, and under him the sergeant of police and other regular police officers in the absence of said marshal or sergeant, shall be keepers thereof, And it shall be the duty of the keeper to receive into said prison all persons committed to the same from any police officer, police magistrate, justice of the peace or other court for any violation of any ordinance of the city or any breach of the peace. The keeper shall treat all persons committed to his charge with kindness and human¬ ity, and shall not supply any person in custody with intoxica¬ ting liquors as a beverage, or suffer it to be done by others, and shall not be guilty of any lascivious behavior or other improper conduct toward any female in his custody or know¬ ingly suffer or permit others to t,e guilty thereof, and he shall 222 CITY ORDINANCES. % see that each person in his custody shall be supplied with suffi¬ cient and comfortable bedding and with proper food. 887. Whatever expense may be incurred in the keeping of said city prison or in the care and board of persons therein shall be presented to the city council from time to time for allowance. CHAPTER LIV. RAILROADS. 888. No rai road company, railroad engineer, train con¬ ductor or other person, shall obstruct or impede any street, alley, sidewalk, crossing or other thoroughfare of said city, by stopping any train thereon, or by leaving any locomotive, engine, car or cars, thereon for a longer time than ten consec¬ utive minutes, under a penalty of twenty dollars for each offense, and a further penalty of ten dollars for each succeed¬ ing five minutes that the obstruction shall be allowed continu¬ ously to remain, after the first penalty is incurred. Provided, that whe^e any sue la obstruction is the result of some unavoid¬ able accident or emergency, beyond the control of such company or its agents, this section shall not apply. 889. No railway company, or conductor, engineer, or other employe of such company, managing or controlling any loco¬ motive engine, car or train upon any railroad track, shall run, or permit to be run within the limits of said city, any passenger train of cars at a greater rate of speed than fifteen miles an hour, nor any freight train or car at a greater speed than ten miles per hour, under a penalty, in either case, of not less than twenty dollars, nor more than one hundred dollars. 890. The bell of each locomotive shall be rung continually while running upon any railroad track within said city; and every locomotive engine, car or train of cars, running in the night time on any railroad track in the city, shall have and keep a bright and conspicuous light at the forward end of the 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 corporation, or any agent or employe of such company or corporation, who shall violate or fail to observe any of the requirements of this sec¬ tion, shall incur a penalty of not less than five dollars nor more than one hundred dollars for each offense. CITY ORDINANCES. 223 891. No railroad engineer, fireman or other person shall sound the whistle of any locomotive engine within this city except necessary brake signals and such as may be absolutely necessary to avoid accidents, nor shall any such person cause or permit the cylinder cock or cocks of any locomotive engine to be open so as to allow steam to escape therefrom at any time 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 the city, and for three revolutions of the drive wheel after being put in motion the said cylinder cocks may be opened for the purpose of allowing condensed steam to escape. 892 At all railroad crossings of streets in this city, the several railroad corporations owning said roads shall construct and maintain in good repair and condition such crossings and the approaches thereto within their respective rights of way. Unless otherwise ordered by the city council the track or tracks at each crossing shall be planked between the rails, and on the outside to the end of the ties, and if more than one track be¬ tween the tracks, at least 32 feet in length along the line of the track or tracks, so as to make a roadway for vehicles over each track at least 32 feet in width, and whenever a sidewalk reaches the right of way, the walk shall be continued across the right of way and track or tracks, at least the width of the walk. The plank or other material used in all such crossings for streets and sidewalks, shall be so la d and so maintained and kept, that the top of the plank or other material used for such crossings, shall be on a level with the top of the track rails, and shall be otherwise constructed and maintained so that at all times they shall be safe as to persons and property. If any such railroad company or corporation fail, neglect or refuse to comply with any of the above requirements of this section within 30 days after written notice to do so, given by the super¬ intendent of streets or city engineer to the nearest agent of such railroad company, the city authorities shall forthwith cause such construction, alteration or repairs to be made, and such railroad company shall be holden for all the necessary cost and expense thereof, and shall also be subject to a fine of $100 for such failure, refusal or neglect. 893. It shall be unlawful f >r any hack, omnibus or other vehicle for carrying passengers or baggage, to have more than one runner or porter, on the grounds of any railroad company, whose depot is located within the city, to solicit passengers or baggage. The proprietor of any hotel, hack, omnibus or bag¬ gage wagon, if engaged in soliciting passengers or baggage, 224 CITY ORDINANCES. shall be considered a runner, and subject to the following rules and regulations: Every runner or porter is required to wear a metallic badge exposed to view, bearing the name of the bouse, if any, and number of the back, omnibus, baggage wagon, or other vehicle be represents, and each proprietor shall be responsible for the acts of his runner or porter. 894. It shall be unlawful for any runner or porter or other person to solicit passengers or baggage, on the depot grounds, or at any other place than that provided for such purposes by the company having control of the grounds. 895. Every vehicle for which passengers are solicited at the depot, or on the depot grounds, shall have posted on the outside thereof a conspicuous placard which must be plainly visible from the platform and which may be easily seen and read by day or night by any ordinary person at least fifteen feet from the vehicle, stating in plain figures and letters the rates charged for carrying passengers, and no passenger shall be charged more than the rate on said placard, and no runner or hackman for such vehicle shall cry out or otherwise than by such placard announce the charges for such service Nor shall any hackman or runner solicit passengers at such depot in any¬ thing but an ordinary tone of voice. 896. Whoever shall violate any of the provisions of the last three preceding sections shall be subject to a penalty of not less than three dollars for each offense. CHAPTER LV. STREETS AND SIDEWALKS. 897. Whoever shall encumber or obstruct any street, alley or sidewalk with merchandise, fuel or other articles of prop¬ erty longer than necessary for the diligent removal of the same, shall be subject to a penalty of not less than two dollars. 898. No person shall be allowed to occupy or use for vaults, areas or other purposes the space beneath the sidewalks included within the sidewalk lines of any street in said city, unless a permit therefor shall have first been obtained from the city council; such permits to continue and be issued only upon the condition that the party receiving the same shall, as a compensation for the privileges granted by said permit build, maintain and keep in repair a sidewalk over such space intended CITY ORDINANCES. 225 to be used for vaults, areas or other purposes; such sidewalks to be of the material and constructed in the manner particu arly specified in such permit. Provided, however, that where a permanent sidewalk is constructed the city council may order that the city pay a portion of the cost thereof. Provided, fur¬ ther, that the person or persons obtaining said permit shall first c mstruct and maintain at his own cost and expense a per¬ manent base or foundation for said sidewalk, the materials and construction < ;f said foundation or base shall be under the super¬ vision and subject to the approval of the superintendent of streets of said city. 899. Such permits shall specify in general terms the pur¬ poses for which the spaces under the sidewalk shall be used, and shall also contain a condition that upon the f ulure to con¬ struct, maintain or repair such sidewalk in accordance with any order that may from time to lime be given by the superin¬ tendent of streets or city council, the perm t may be declared annulled, and that all rights and privileges under such permit shall cease from the time such per nit shall be declared annulled. 900. Every opening in any vault or coal hole or aperture in the sidewalk over said coal hole or vault, shall be covered with a substantial plate with a rough surface to prevent acci¬ dent, and the entire construction of such holes and vaults shall be subject to the directions and supervision of the superintend¬ ent of streets, or such other person as the city council may designate. 901. The owner and tenant of the abutting estate, in front of which the coal hole or vault is thus permitted to be constructed, shall be held responsible to the city for any and all damages to persons or property in consequence of any de¬ fect in construction of such vault or coal hole or aperture leading thereto, or by reason of lack of repair of the same, or by reason of any coal hole or aperture leading thereto being left open. 902. Whoever shall leave open any excavation, ditch, hole, cellar, cellar door, vault, well, cistern, coal hole or other open¬ ing upon or near any street or open g ound in the city, wimre person's or animals shall be liable to fall in and suffer injury, without carefully and properly guarding the same, shall be subject to a penalty of not less than five dollars. 903. It shall be the duty of any person owning or occupy¬ ing any build mg, or having the care or control thereof, from which water may fall to the sidewalk in front thereof, to pro¬ vide for the escape of such water, so it shall not spread over the 2-26 CITY ORDINANCES. sidewalk. Whoever shall fail to make such provision shall be subject to a penalty of two dollars, and a like penalty lor each day he shall neglect after notice by the superintendent of streets. 904. Whoever shall obstruct any street, alley or street crossing by unnecessarily stopping thereon with any team, vehicle, animal or other thing, or leave any team, vehicle, car, wagon or animal in the street or alley before or beside any oc¬ cupied premises contrary to the wishes of the occupant thereof and shad not immediately remove the same on request of the person aggrieved, or being the owner or driver of any wagon, drr-y or other vehicle, shall make a permanent stand or place of stopping in front of any premises without the consent of the owner or occupant thereof, or shall lead, ride, or drive any team or beast, or drive or push any sleigh, carriage, hand-cart or other vehicle over’ or upon any curb or curb stone or over any sidewalk except at the proper entrances to and from the premises, shall be subject to a penalty of not less than three dollars. 905. No clothing, goods, wares, merchandise, signs,boxes, or other article or thing shall be placed in front of any store, shop, or other place in said city, or on or above the sidewalk, so as to occupy more than three feet next to the buildings or premises on such sidewalk; and when placed on the sidewalk such articles shall not be more than five feet high above the top of the sidewalk, and when placed or suspended above the top of the sidewalk shall be so placed or hung that the lowest part of such articles shall be at least eight feet above the top of the sidewalk, and shall not swing more than three feet from the building or boundary line of the lot. 906. Whoever shall expose for sale any fruit, vegetables, notions or other merchandise or any article or thing of value whatever upon any sidewalk, except in front of premises occu¬ pied by him, or in any street or public place without first obtaining consent of the occupant of the premises in front of which such display or exposure for sale shall be made, and the permit of the mayor, shall be subject to a penalty of not less than three dollars for each offense; such permits from the mayor may be revoked at any time without notice. 907. Whoever shall leave any horse or mule or any team attached to any vehicle in any street, alley or other uoenclosed place within said city without the same being securely fastened or guarded, or whoever shall leave any such animal or vehicle fastened or guarded so that the same will unnecessarily inter- CITY ORDINANCES. 227 fere with traffic on such street shall be subject to a penalty of not less than one dollar. 908. In all cases of persons driving and meeting each other in vehicles, in any street or thoroughfare of the city, each person so meeting shall turn his vehicle to the right of the center of the street, so that each may pass without interfering 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 one dollar nor more than ten dollars. 909. Whoever shall unhitch any horse or teams of any kind or leave the same unhitched for feeding or other purpose upon the public square or upon any of the following streets ^vithin the city for the purpose of feeding or resting such horse or teams, viz: Main stre et between Fifth avenue and Harlem avenue; A street and First street between Fifth avenue and Boston avenue; Second street between Broadway and Euclid avenue, and Broadway from the city limit < on the west to the city limits on the east; Second avenue from A street to Eighth street or whoever shall expose for sale any loads of hay or straw in the public square shall be liable to a penalty of not less than one dollar nor more than five dollars. 910. Whoever shall ride any bicycle or velocipede in any of the streets or public places of the city at night between twilight and daybreak, without carrying a light, or whoever shall ride a bicycle or velocipede on any sidewalk or parking at any time, shall be subject to a penalty of one dollar. 911. Whoever shall ride or drive any horse, mule or other domestic animal, or ride any bicycle or velocipede in any street in the city so rapidly, immoderately or carelessly as to endanger or inconvenience others, shall be subject to a penalty of not less than three dollars. 912. Whoever shall run or race any horse by trotting, pacing or otherwise in any public street road or avenue in the city or shall consent to or suffer such racing to be done, shall be liable to a fine of not less than five dollars for each offense. 913. Whoever shall drive any sleigh or other noiseless vehicle drawn by animals in any street in the city without a bell attached 1 1 such vehicle or the harness with which it is drawn, shall be subject to a penalty of not less than three dollars. 914. No person in the construction of any building shall, without a written permit from the mayor, encumber or obstruct any street, alley or sidewalk with building material or other thing. Such permit shall not include the right to obstruct 228 CITY ORDINANCES. more than one-third of any street or one-half of any sidewalk, or in any manner to obstruct the free passage of water in any gutter, or to continue any obstruction of street or sidewalk longer than is necessary in the due prosecution of such work of building. Nor shall such permit include the right to occupy such street or sidewalk with the work of spliiting or dressing stone. All persons using a street or sidewalk for the deposit of material as aforesaid shall keep such material so placed as not unnecessarily to interfere with the public use of the street or sidewalk, and shall protect the public by suitable guards and by the display of red lights at night. Any person perform¬ ing any act forbidden in this section, or failing to comply with any requirement made in this section, shall be subject to a penalty of not less than five dollars for each offense. 915. No person, not authorized by the city council, or by otdinance, shall make any excavation in any street, avenue, alley, sidewalk or public ground, within the city, without first obtaining the permission of the mayor or the superintendent of streets; and in the case of an excavation in any paved street, avenue or alley, such 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 connecting any private drain or sewer, under a written permit from the city engineer or other proper officer. 916. Any person making or causing to be made any exca¬ vation or ditch for any purpose in any street, avenue, alley or sidewalk shall without any unnecessary delay cause the same to be filled up to the proper level of such street, avenue, alley or sidewalk, and in such fining up shall tamp the earth so that it will be solid when filled up and shall not cave in, and the sur¬ face thereof when filled shall conform to the proper level or grade, and any person taking up or removing any part of any paved street, avenue or sidewalk or any bridge or culvert for any purpose or negligently breaking or injuring the same shall without delay cause the same to be repaired and placed in the same condition as before the breaking and injury thereof. Whoever shall violate or fail to comply with the requirements of this section shall incur a penalty of not less than five nor more than one hundred dollars and the street superintendent shall forthwith cause such filling up or repairs to be made and c ompleted and the costs and expenses thereof may be collected of the person or party whose duty it was to do the same and recover by separate suit in the name of the city. CITY ORDINANCES. 229 917. All awnings hereafter erected, and extending over any sidewalk within that portion of the city established as the “tire limits,” shall be elevated at least seven feet at the lowest part thereof above the level of the sidewalk, and shall not pro¬ ject over the sidewalk to exceed two-thirds of the width thereof. The roof or covering of all such awnings shall be metal or metal and glass or of duck, canvass or other suitable cloth, and they shall be supported without posts by iron brackets, or by an iron or other metallic framework, attached firmly to the building, so as to leave the sidewalk wholly unobstructed thereby. Any person who shall erect and maintain hereafter, 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 one dollar nor more than five dollars for each offense, and to a further fine of one dollar for every day he shall fail to to change or remove such unlawful awning, after written notice to do so by the city marshal or any member of the police force of said city. 918. Whoever shall erect or cause to be erected any building, fence or other structure upon the line of any street, avenue or alley of the city without first obtaining the proper line thereof from the city engineer, or whoever shall build or erect any barbed wire, or plant or grow any hedge fence within five feet of the line of any public street, avenue or alley within the city shall incur a penalty of not less than one dollar nor exceeding twenty dollars. 919. Whenever any owner or occupant of any lot shall cause or permit any excavation to be made on sucji lot suffi¬ ciently near the street line to endanger such street by liability to caving of the ground, it shall be the duty of such owner or occupant immediately to construct a solid and substantial wall, sufficient for the protection of such street from such liability. Any person who shall neglect to conform to the provisions of this section shall be held responsible for all damages done to the street, the result of such neglect, and shall be subject to a penalty of not less than ten dollars. 920. The superintendent of streets, when it shall come to his knowledge that any person has erected or caused to be erected any building, fence or other structure encroaching upon any street, alley or sidewalk, shall notify such person to jemove the same, which notice shall give a reasonably sufficient time to perform such removal. Any violation of the provisions of this section shall subject the party offending to a penalty of not less than ten dollars for every day he shall suffer the same to remain after such notice by the superintendent of streets to remove such structure. 230 CITY ORDINANCES. 921. Upon the failure of the party notified to remove any obstruction from the streets, avenues, alleys or public places of the city the superintendent of streets shall cause any such incumbrance, obstruction, erection or enclosure in or upon any street, alley or sidewalk to be removed, and the costs of such removal may be collected from the person causing such obstruc¬ tion, with the penalty, or in separate suit, in the name of the city. 922. The superintendent of streets may, with the approval of the mayor, when any public improvement in progress makes necessary the closing of any street or portion of street to pub¬ lic travel, fence or otherwise close such street, or authorize the contractor performing the work of such improvement so to do, while such necessity exists. Any person breaking down such inclosure or driving through any street closed to travel in manner aforesaid, shall be subject to a penalty of not less than three dollars. 923. Any person or personswho shall beengaged in hauling or drawing stone, mortar, earth, ashes, manure, shavings, gar¬ bage 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 aforesaid 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 one dollar nor more than ten dollars for each offense: Provided that in hauling dimension stone and ice no tight box shall be required. 924. It shall be unlawful for any person at any time to drive or permit to be driven over any of the streets or public grounds of the city any wagon or vehicle which with the load thereon weighs over 4,500 pounds, and not more than 8,000 pounds, and the tires of which are less than three inches wide, or any w T agon or vehicle which with the load thereon weighs over 8,000 pounds and the tires of which are less than four inches wide. And whenever any city officer may see any loaded wagon or vehicle driven on the streets or public grounds of the city which may appear to him to be loaded or driven in viola¬ tion of this section, he shall cause such wagon and such load to be driven to the city scales where the same shall be weighed without charge. Whoever is guilty of a violation of this sec¬ tion, or whoever shall fail or refuse to allow his wagon and load to be weighed when requested or directed to do so by any city officer, shall be liable to a fine of not less than fiye nor more than one hundred dollars. CITY ORDINANCES. 231 925. Whoever shall place, throw or leave, or shall cause to be placed, thrown or left, any obstruction or incumbrance in or upon any street, avenue or alley, or public place except as authorized by ordinance, shall be liable to a tine of not less than three dollars nor more than twenty dollars, and to a fur¬ ther fine of one dollar for every two hours that he shall not remove such obstruction or incumbrance after being notified to do so by the superintendent of streets or any member of the police force. 926. The superintendent of streets is duly authorized and it is made his duty to order any article or thing whatsoever which may encumber or obstruct any street, alley, sidewalk or other public place in said city, to be removed; if such article or thing shall not be removed within twenty-four hours after such order shall have been made and given to the person in charge thereof, or to the person who caused the same, as the case may be, or if the person in charge thereof cannot readily be found, or if no person be in charge thereof, the superintendent of streets shall cause the same to be removed to some suitable place; and the owner of any such article or thing so removed, or the person causing the same, as the case may be, shall pay to said city all the costs and expenses of such removal. 927. All shade or ornamental trees hereafter to be set along any street shall be planted not less than eight feet from the front line of the lots. Whoever shall plant any tree con¬ trary to this section shall be subject to a penalty of one dollar for each tree so planted, together with the costs of the removal thereof, and the superintendent of streets shall cause such trees, to be removed. 928. No person shall hold a public auction in the streets of this city without a special written permit from the mayor. Any person violating the provisions of this section shall, on convic¬ tion thereof, pay a fine of not less than live dollars for each offense. 929. No gate opening upon any public street shall swing over or above any sidewalk, unless such gate shall be so con¬ structed as to be self-closing. Any gate not conforming to the provisions of this section shall be declared a nuisance, and who¬ ever shall erect, keep or maintain such gate shall be subject to a penalty of hot less than three dollars. 930. Whoever shall ride, drive or lead any horse, mule, ass or cow or any other such animal in or through any of the pub¬ lic parks or i arkways in the city or in or through any of the public grounds enclosed in the public square or about the court house or the public grounds about the school houses or water 232 CITY ORDINANCES. works, or whoever shall hitch any such animal to any shade tree or to any fence without consent of the owner shall be sub¬ ject to a fine for each offense of not less than two dollars. 931. That with the consent and approval of the city engineer and superintendent of streets, parkways may be established and fixed along the several s reets and avenues of said city in front of properties owned or occupied, provided that the total width of the parkway and sidewalk on either side of the street shall not exceed one-fourth the width of the street on which located. 932. The fire department of the city shall have the exclu¬ sive right of way of any and all streets at the time of any fire or alarm of fire for going to such fire with any wagon, engine, truck or vehicle to be used in or about the business of extin¬ guishing fires, and on all other times and occasions the police patrol wagon shall have'the right of way of any and all streets, and any person or p rsons failing to yield such right of way or wilfully obstructing any such tire department vehicle or patrol wagon, shall be subject to a penalty of not less than two dollars. CHAPTER LIX. SUPPLIES. 933. It shall be the duty of the clerk to advertise in some daily paper published in the city, to be named by the council, for proposals to do the advertising of the city, and for furnish¬ ing the stationery, blanks, paper, fuel, feed and other regular supplies needed by the city or the officers thereof. The adver¬ tisement for proposals to do such advertising and furnish such supples shall be published by making three insertions in such paper, the first of which shall be on or before the 15th day of April of each year, and the bids shall be for the term of the coming fiscal year, and shall be filed with the clerk on or before B o’clock p. m. of the first Monday of May of each year. 934. The proposal for advertising shall state the price per inch in length, for a column at least two and one-eighth (or thir¬ teen ems pica) in width, for the whole time the advertisement may be legally required to be published, and the contractor shall not be allowed to charge for any additional insertion con¬ sequent upon his neglect or mistake. The bids for stationery, blanks and paper shall be according to specifications to be de- CITY ORDINANCES. 233 termined by the council, and may be let separate from the advertising. The bids for fuel and feed may also be made and let separate. CHAPTER LVII. WARRANTS. 935. That whenever there is no money in the treasury of the city in any department to meet and defray the ordinary and necessary expenses thereof, it shall be lawful for the prop¬ er authorities of the city to draw and issue warrants against and in anticipation of the collection of the taxes already levied by said authorities for the payment of the ordinary and neces¬ sary expenses of the city to the extent of seventy-five pei cent, of the sum appropriated and levied for such respective fund, which said warrants shall show upon their face that they are payable solely from said taxes when collected, and not other wise, and shall be received by any collector of taxes in payment of the taxes against which they are issued and which taxes against which said warrants are drawn shall be set apart and held for their payment. CHAPTER LVIII. WATER DEPARTMENT, RUEES AND REGULATIONS. 936. That the rules, regulations and water rates herein¬ after named shall be considered a part of the contract with every person, company or corporation who are supplied with water through the water system of the city; and every such person, company or corporation shall be considered to express his or their assent to be bound thereby; and whenever any of them are violated, or such others as the city council may hereafter adopt, the wafer shall be cut off from the building or place of such violation although two or more parties may receive water through the same pipe, and shall not be let on again except by order of the city collector and water superintendent, and on payment of the expense of shutting it off and turning it on, and such other terms as the following rules and regulations set forth, and a satisfactory understanding with the party or parties that no further cause of complaint shall arise; and in case of such vio- 234 CITY ORDINANCES* lation, the city collector and water superintendent shall have the right to declare any payment made for the water by the person committing such violation to be forfeited, and the same shall thereupon be forfeited. 937. No person, company or corporation shall be permit¬ ted to tap, or make any connection w T ith the distributing pipes of the water works of the city, unless duly authorized by the city collector. 938. All persons desiring such connection must first make written application to the city collector and with such applica¬ tion shall deposit the sum of $13.00 as an advance payment of the water taxes upon the premises mentioned in said applica¬ tion. Thereupon such person or persons shall be entitled to a permit authorizing the water superintendent to lay suitable water pipe to the curb stone or to a point six feet from the line of the street where there shall be a stopcock and an iron cut¬ off box attached. The pipe to be laid to be not larger than three-fouri hs inch in diameter. The city collector shall place to the credit of the person or persons making such application the amount so deposited by him or them, and no water tax or license shall be charged such person or persons for the premises named in said application during the period covered by such advance payment, provided that no allowance will be made for any time in which the water shall not be used, and provided further that where a service larger than three-fourths inch is desired the amount so deposited shall be increased to cover the increased cost of the service. 939. No service, connection or other attachment to any of the water mains shall be made except by brass ferule or lead pipe up to one inch in diameter. In no case will lead pipe be al¬ lowed either in the service pipe or interior plumbing weighing less per foot than as follows: Lead pipe f in. ex. strong, 2 lbs. per foot. Lead pipe \ in. ex. strong, 2 lb. 8 oz. per ft. Lead pipe f in. ex. strong, 3 lbs. per ft. Lead pipe f in. ex. strong, 3 lbs. 8 oz. per ft. Lead pipe 1 in ex. strong, 4 lbs. 12 oz. per ft. Lead pipe H in- ex. strong, 7 lbs. 9 oz. per ft. All joints in lead pipe shall be wipe joints. 940. All lead pipe must be laid sufliciently waving to allow of one and one-half feet extra length, and in such manner as to prevent rupture by settlement. 941- A 4 inch main shall receive no larger than a f tap; a 6-inch main no larger than a i tap; no tap larger than one inch CITY ORDINANCES. 235 shall be inserted in any main larger than above; where larger connections are desired two or more small taps shall be used. All taps in mains shall be at least twenty four inches apart and on opposite sides of the pipe No main shall be tapped nearer than 6 inches to the joint The brass ferule or nipple tapped into the main shall be one-eighth of an inch smaller than the service pipe therefrom. 942. There shall be a stop and waste cock attached to every supply pipe at the point where it enters the building, in¬ side the same, so as to admit of the water being shut off in frosty weather and the pipes being emptied. 943. Where service pipes are intended to supply two or more distinct premises or tenements a separate service cock shall be used for each tenement or premises and the applica¬ tions must be made by the person or persons controlling all of said premises or tenements 944 No addition or alteration whatever of any tap pipe or water cock or other fixtures shall be made or caused to be made by any person taking water except through a duly licensed plumper and a perm t in writing first obtained from the city collector 945. Persons taking water must keep their service pipe and all fixtures connected therewith in good repair and pro¬ tected from frost at their own expense, and must prevent all wastage of water. Hydrants, taps, hose, water closets, baths or other fixtures, will not be permitted to be kept running when not in actual use. The water will not be. be turned on to any premises having wasteful or improper fittings. 946. The application for w T ater must be made to the city collector upon blanks furnished by the city therefor, and must state fully all purposes for which water is required. Consum¬ ers must answer without concealment all questions put to them by the city collector or water works superintendent relative to water consumption and in case of any fraudulent representa¬ tion on the part of the consumer payment will be -forfeited and the supply of water stopped. The city collector shall at once make a record of such application in a book kept by him for that purpose and shall then file such application in his office. 947. No person in the possession or occupancy of premises having city water service connection shall supply or suffer any other person or family not living in or upon the same premises, to use or take water therefrom, except for drinking on the premises, unless a permit for such use shall first be granted to such person or family by the city collector. Contracts or leases may be transferred by parties desiring to vacate premises to 236 CITY ORDINANCES. other parties about to occupy the same, but the city will not re¬ fund for any unexpired water leases under any circumstances 948. No claim shall be made against the city by reason of the breaking of any main pipe, service pipe, or cock, or for any other interruption of the supply, or by reason of the breaking of machinery, or stoppage for necessary repairs unless the delay exceeds 10 days, and no deduction will be made for any time that private water pipes may be frozen. 949. Plumbers are strictly forbidden from turning the water into any service pipe except upon the order or permission of the city collector or water works superintendent, unless it be for testing the pipes. 950. Parties desiring water for cisterns, or other inter¬ mittent supply, will be charged regular rates as per schedule, or they may furnish at their own expense a water meter of an approved pattern and pay the regular meter rates. 951. Consumers of water shall, at all reasonable hours, permit the city collector or water works superintendent to enter their premises and examine the manner in which the water is used, and in case they find that the water is wasted on account of negligence or for want of repairs they shall leave notice thereof, and if such waste is not remedied within twenty-four hours thereafter, or time extended by special agreement, the water shall be cut off and shall not be turned on again until the sum of two dollars has been paid to the city collector, such amount to go to the credit of the water works fund. 952. In case of fire or alarm of fire during the hours in which sprinkling is permitted, any person then using water for sprinkling shall at once shut off the water and cease such sprinkling until it shall be ascertained that such fire has been extinguished or that such alarm has been false; nor shall any person draw water for lawn or street sprinkling after an alarm of fire until such fire shall be extinguished, or until it is known that the alarm was false. 953. In sprinkling streets each water taker must confine himself to the exact frontage paid for, and to one-half the width of the street in front thereof. Persons engaged in sprinkling streets with a sprinkling cart, by agreement with citizens therefor shall be permitted the use of water for street sprink¬ ling purposes only at schedule rates, but said city reserves to itself the right to discontinue such water supply whenever the public exigencies require the same; and also the right to exer¬ cise such supervision, over such street sprinklers as will pre¬ vent unnecessary waste of water or injury to streets from excessive sprinkling. CITY ORDINANCES. 237 954. Hose larger than three-fourths of an inch will not be allowed, except upon an additional charge therefor; and using hose without a nozzle or with a larger opening than one-fourth of an inch, is forbidden. For washing buggies and carriages one-eighth of an inch opening only is permitted. Leaky hose attachments suffering the water to run to waste when not in use or using the same for purposes not included in the permit, are all strictly prohibited. Adjusting hose upon temporary or lixed supports, or devices of any kind, arranged to sprinkle automatically for the purpose of cooling walls, or atmosphere, etc., will be regarded as fountains and will be subject to the rates for such. 955. If proprietors of manufactories, lumber yards, halls, stores, elevators, warehouses, hotels or public buildings, being regular consumers of water from the works, wish to lay large pipes with hydrants and hose couplings to be used only in case of fire, they will be permitted to connect with the street mains at their own expense upon application to the city collector or water works superintendent, and under their or his direction, and will be allowed the use of water for fire purposes only, free of charge, but all such pipes must be provided with a suitable valve which must be sealed by the city collector or superintend¬ ent of water works, and a stop and waste cock attached at the bottom on inside of building. v In case the seal is broken for the extinguishment of fire, the party shall immediately give notice to the city collector or water works superintendent, and in case such seal shall have been broken for any other purpose the party so offending shall be fined the sum of twenty-five dollars. 956. The tapper shall be appointed by the mayor by and with the advice of the city council for the term of one year, or until his successor shall be appointed. At the time of receiving the appointment, the tapper shall execute and deposit in the office of the city clerk a bond, with one or more sureties to be approved by the city council in the sum of five hundred dollars, that he will indemnify and save harmless the city of and from all damages caused by any careless or improper work done by him in connection with tapping and inserting corporation cut-offs. The tapper shall be held responsible to the city for any damage done by him in tapping mains, or withdrawing taps, either to the pipe or to the stop cocks, or tapping machine. He shall pay for all stop cocks damaged by careless or improper work, and shall promptly execute the work of tapping when called upon. Within twenty-four hours after completing any attachment, or connection, the plumber shall make a true re¬ port upon blanks for that purpose, to the city collector of the number of rooms, water closets, bath tubs and other fixtures 238 CITY ORDINANCES. used on the premises and ail the contemplated use of water therein and the location and length of the service pipe, accord¬ ing to the rules and regulations, as the water will not be turned on to any premises until complete returns are so made. 957. The annual water rates or taxes which shall be paid by every person using water of the city water works shall be as follows, to-wit: For Armories- -$ 10 00 Bath tubs, private- 2 50 Bath tubs, public, each- - 6 00 Bath tubs, hotel and boarding house, each_ 6 00 Boarding houses, per room-«.- 1 00 Barber shops, one chair--- 3 00 Barber shops, each additional chair_ 2 00 Billiard rooms, for drinking and scrubbing exclusively each table- 2 00 Bowling Alleys- 5 00 Building purposes, for 1,000 brick, mason’s measure¬ ment^- 15 Building purposes, plastering for 100 yards, plasterer’s measurement_ 30 Building purposes, laying stone, per perch__ 04 Banks--- 6 00 Blacksmith shops, one tire- 3 00 Blacksmith shops, each additional fire_ _ 1 50 Cigar manufactories, six men or less_ 5 00 Cigar manufactories, each additional man_ 25 Cisterns tilled, 100 barrels or less-$2.00 to 5 00 Churches — - 1 1 00 Carriage shops, five persons or less -,- _ 5 00 Carriage shops, each additional person_ 25 Carriage shop, extra fires, (see blacksmith shop). Club rooms- 6 00 Dental offices- 5 00 Fountains, for a season not to exceed 7 months and to be used not to exceed 10 hours per day— Fountains, 1-16 inch orifice-- 8 00 Fountains, 1-8 inch orifice- 15 00 Fountains, 3-16 inch orifice- 30 00 Fountains, 1-4 inch orifice- 50 00 Fountains, 1-2 inch orifice- 100 00 Fountains, vegetable- 4 00 Houses, six rooms or less__ 5 00 Houses, each additional room_ 25 Houses, each additional family .___ 4 00 CITY ORDINANCES. 239 Houses, six rooms or less, with sprinkling, 66 feet or less, from yard hydrant or sill cock_ 7 50 Houses, each additional hose- 2 50 Houses, each additional front foot_ 03 ' i Houses, using water from neighbor’s fixtures, per quarter, $1.25, per year_ 5 00 Hotels, per room_____ 1 00 Lodging and boarding houses, six rooms or less, per room__ 1 00 Lodging or boarding houses, each additional room_ 25 Offices with wash basin, occupied by not more than two persons_ 3 00 Offices, each additional person_ 1 00 Public Libraries_ 1 00 Photograph galleries__ 10 00 Printing offices (horse boilers extra)_ 6 00 Stores for the sale of goods (except liquors, milk or drugs, 22 ft. front or less)___ 6 00 Stores, each additional foot frontage_ 10 Saloons, for bar purposes_ _ 20 00 Stables, private, one horse and buggy washing_ 2 00 Stables, private, each additional horse or cow . 1_ 1 00 Schools, public_ 1 00 Schools, private, seminaries and colleges, special or meter rates. Sprinkling carts, per wagon per month_ 20 00 Steam boilers for heating (22 feet front or less) per floor_ ___ _ _ 1 00 Stands for polishing marble_ 5 00 Urinals, self-closing_ 3 00 Urinals, for hotels, boarding houses, club rooms (using £ inch jet)_ 5 00 Urinals, same, self-closing_ 3 00 Urinal for store, banks and offices, self-closing_ 2 00 Urinals, private houses__ 1 00 Work shop, 10 persons or less_ 3 00 Work shop, each additional person_ 25 Water closets, private dwellings__ 3 50 Water closets, public, each bowl_ 6 00 Wash bowls, stationary__L_ 1 00 Yard sprinkling, 66 feet front or less, 166 feet deep or less, with nozzle not over \ inch in diameter, for a season from April 1st to November 1st, from a street washer _i_ 4 00 Yard sprinkling if yard hydrant is used, house rates will be charged. 240 CITY ORDINANCES. Yard sprinkling, each additional front foot 05 When two or more dwellings are constructed upon one lot, supplied with a yard hydrant, all the dwellings on such lot must be included at the regular rates in the collection of water rent upon such hydrant, and in construing the foregoing water rates the rates for bath tubs, water closets and urinals shall not be deemed to be included in the rates for the buildings wherein the same are situated. And all persons using any hydrant or hose pipe connected with the city water works, for the purpose of sprinkling streets, sidewalks and lots within said city, shall use, or suffer the same to be used for two hours per day only, between the hours of 6 and 7 in the morning and the hours of 6 and 7 in the evening, unless by special permit in writing therefor signed by the superintendent of water works. Provided, that all the water rates, taxes and assessments pro¬ vided for in this section shall be paid quarterly in advance, on the first day of April, July, October and January of each year; one- fourth the said annual assessments being due for each quarter. 958. All manufacturing and other establishments requir¬ ing a large supply of water, and livery stables, bakeries, bot¬ tling works, butcher shops, candy factories, dye houses, Junch counters, drugstores, soda fountains, gas works, gymnasiums, halls and theaters, laundries, race tracks and fair grounds, restaurants, railroads, steam boilers, urinals and water closets for stores, banks and offices, water troughs and all water power motors shall be required to use a meter, and meters may be used in other cases for other property. The premi-es sup¬ plied through meters or other equivalents shall be assessed on consumption as follows: 1st 10,000 © 35c— $ 3.50 for 10,000. 2d 10,000 © 30c— 6.50 for 20,000. 3d 10,000 © 25c— 9.00 for 30,000 4th 10,000 © 20c— 11.00 for 40,000. 5 th 10,000 © 15c— 12.50 for 50,000. 6th 10,000 © 10c— 13.50 for 60,000. 7th 10,000 © 10c— 14.50 for 70,000. 8th 10,000 © 10c— 15.50 for 80,000. 9th 10,000 © 10c— 16.50 for 90,000. 10th 10,000 © 10c— 17.50 for 100,000. 11th 10,000 © 10c— 18.50 for 110,000. 12 th 10,000 © 10c— 19.50 for 120,000. 13 th 10,000 © l(c— 20.50 for 130,COO. 14 th 10,000 © 10c— 21.50 for 140,0C 0. 15th 10,000 @ 10c— 22.50 for 150,000. CITY ORDINANCES. 241 16th 10.0009c- 17th 10,000 @ 8c- 18th 10,000 @ 7c- 19th 10,000 @ 6c- 20th 10,000 @ 5c- 23.40 for 160,0C0. 24.20 for 170,000. 24.90 for 180,000. 25.50 lor 190,000. 26.00 for 200,000. 5c per 1,000 gallons for all over 200,000, payable monthly: Provided, that all bills for water furnished at meter rates shall be subject to the following discount if paid on or before the 10th day of the succeeding month, to-wit: 2,000 to 10,000 gallons, 10 ceuts on each 1,000 gallons. 10,000 to 20,000 gallons, 8 cents on each 1,000 gallons 20,000 to 30,000 gallons, 5 cents on each 1,(00 gallons. 30,000 to 40,000 gallons, 2 cents on each 1,000 gallons. and, provided further, that a minimum rate of fifty cents per month, is hereby fixed for all premises where meters are located, and bills for said amount will be rendered each month, when bills computed at me'er rates would be less. The tccu- pants of all premises where meters are located shall see that at no time obstructions are placed on or around the meter in such a way as to prevent access to thfe meter for the purpose of reading, inspecting or taking the same out for repairs; and at such premises where such obstruction may be found the water shall be shut off until such obstructions are removed. And provided further, that whenever a meter shall be applied for, the party desiring the same or for whose use it is to be furnished, shall advance to the city the sum of twelve dollars for the use of each meter, and shall thereupon be credited with said sum on water rates or rents. 959. That there is hereby levied and assessed against each lot or parcel of land within the city in or .upon which water furnished or supplied by the city is used, a sum corres¬ ponding t > the rates assessed in the foregoing tables for annual and meter rates; each lot or parcel of ground being assessed and held responsible for all said water supplied or furnished and used thereon. 960. At any time after any money becomes due the city for water furnished under any of the ordinances of the city, it shall be lawful for the city attorney of the city to com¬ mence suit in an action of debt for such money, in any court of competent jurisdiction, in the name of the city of Monmouth, against the owner, at the time, of the premises for or upon which the water was furnished, or against the person or per¬ sons using or consuming such water, and to prosecute such suit to final judgment; or said city attorney may in the name of 242 CITY ORDINANCES. the city, commence suit against the owner, occupier or person in possession of the premises, for or upon which such water had been furnished, jointly or severally, by petition to be filed in the circuit court of Warren county and State of Illinois, which petition shall state the amount due the city, and shall give a full description of the premises for or upon which the water sued for was furnished, and shall pray that a decree be rendered for the amount due, and that the same be declared a lien upon such premises, and that such premises, or the inter¬ est therein of the parties sued, may be sold as in ordinary cases in chancery under the laws of the State of Illinois to sat¬ isfy the decree 961. That in all cases where default is made in payment for water furnished by the city, in accordance with the ordi¬ nances thereof, the superintendent of the water works of the city, upon notice of the default from the city collector, shall shut off the water from the premises for which such default occurs, and the water shall not again be turned on or furnished to any person, in or upon such premises, until all arrearages thereof, together with all fines or penalties in connection there¬ with, or costs made in any suit therefor, shall be fully paid. 962. Whoever shall in any manner injure or obstruct the access to any stop cock, hydrant or valve connected with any water pipe within any street, alley or common of said city, or whoever shall injure any meter or throw any substance of any kind into the city reservoir, shall be subject to a penalty of not less than five dollars nor more than fifty dollars for each offense. 963. All hydrants constructed in the city for the purpose of extinguishing fires in such city are hereby declared to be public hydrants and no person or persons other than members of the fire department of said city for the use and purpose of said department and those especially authorized by the fire marshal and water works superintendent shall open any of said hydrants, or attempt to draw water from the same or in any manner interfere with or injure any of said hydrants. Any person violating the provisions of this section shall be subject to a penalty of not less than ten dollars nor more than two hundred dollars for each offense. 964. Whenever in the judgment of the mayor of the city the public exigency requires it, he shall have the right and authority by proclamation to the public in one or more news¬ papers printed within the city to limit in respect to time or wholly suspend and prohibit for such length of time, as such exigency shall in his judgment require, the drawing or use of CITY ORDINANCES. 243 water for public or private fountains and for street or yard sprinkling, or for either of such purposes. Any person or persons using or drawing water in violation of such proclama¬ tion, shall be subject to a penalty of not less than one nor more than fifty dollars for each offense. 965. That the entire proceeds arising from the operation of the water system herein provided for shall be paid into a fund known as the “Water Fund,” and which fund shall be and remain inviolate until the certificates issued under the terms of an ordinance entitled “An ordinance providing for the exten¬ sion and enlargement of the existing water works system of the City of Monmouth,” approved February 6, 1900, and the amend¬ ment thereof approved April 19, 1900, and the interest thereon is fully paid, and no warrants nor orders shall be drawn against said fund nor shall the city treasurer pay warrants or orders drawn on the said fund unless the same be drawn in payment of the necessary operating expenses of said water works system or in payment of the said certificates of indebtedness, or the interest thereon. CHAPTER LIX. WATER DEPARTMENT—SANITARY PLUMBING. 966. Every person desiring to do any plumbing work in connection with the water works of the city shall first obtain a certificate as master, employing or journeyman plumber as re¬ quired by the laws of the state and shall also obtain a plumber’s license as provided in Chapter XLI of these ordinances. Ac¬ companying the application for such license shall be a bond signed by two or more sureties to be approved by the mayor in the sum of one thousand dollars, conditioned that he or they will indemnify and save the city harmless from all accidents and damages caused by any act, omission or negligence upon the part of the said plumber or plumbers, his or their agents or servants in either the execution or protection of his or their work or for any unfaithful or inadequate work done under and by virtue of his or their license. And any person doing any plumbing within the city or doing or attempting to do any drainage within any building within the city without having a plumber’s license as herein required, shall be subject to a pen¬ alty of not less than ten dollars for each offense. 967. The city engineer, in addition to the duties required 244 CITY ORDINANCES. of him as such engineer, shall be plumbing inspector of the city. He shall not during the term of his office engage in the occup tion of plumbing or be interested directly or indirectly in any firm or corporation engaged in the business of plumbing during his term of office. He shall as such plumbing inspector have the authority of a policeman of the city and shall be charged with the enforcement of this chapter of this ordinance and shall have power to act in all such cases not distinctly cov¬ ered thereby. He shall have charge of all papers relating to this office, the issuing of permits, the approval of drainage plans and the inspection of house drainage in new or old build¬ ings. He shall make a written report to the city council at the close of his term, giving a synopsis of his year’s work and make such recommendations as may seem to him valuable for the improvement of sanitary house drainage or plumbing. 968. He shall have access at all reasonable hours cf the day to all buildings of the city for the purpose of inspecting the plumbing and drainage and if the same is not in accordance with the provisions of this ordinance he shall report the same in writing to the mayor who shall serve notice of any changes needed on the owner or owners or occupants of the building and if such owner or owners or occupants do not comply with the provisions of such notice within a reasonable time after the service thereof he or they shall be subject to a fine of five dol¬ lars for each day that expires thereafter. 969. The inspector shall inspect the system of plumbing and draining in any building when requested to do so by the owner or occupant thereof, or by any owner or occupant of adjacent premises. Such request shall be in writing describ¬ ing the premises to be inspected, and accompanied by a fee of two dollars in each case. Such fee shall be retained by such inspector unless the same be advanced by an occupant or owner of adjacent premises, when, if the plumbing or drainage of the premises inspected b3 found to be faulty, the fee shall be re¬ turned and the owner of the inspected premises shall be liable therefor and shall pay the same to the inspector. And the owner of such inspected premises shall upon notification by the mayor proceed to put such plumbing or drainage in proper condition, and upon failure to do so, within a reasonable time, he shall be liable to a fine of five dollars for each day that ex¬ pires thereafter. 970. It shall be the duty of any architect or builder pro¬ posing to erect or superintend any new building, or the altera¬ tion of any old building within or for which any plumbing or drainage is proposed to be done or changed, to submit plans for plumbing or drainage or change therein to the inspector for his CITY ORDINANCES. 245 approval, and if upon examination the inspector shall approve of such plans he shall issue a permit for the doing of such work in accordance therewith. No material change in such plans shall thereafter be made without like written permit from the inspector. The fee for such permit shall be one dollar for work costing one hundred dollars or less and one dollar addi¬ tional for each additional one hundred dollars or part thereof. All fees shall be paid to the inspector and by him to the city treasurer. 971. All permits shall be issued in duplicate and numbered consecutively and dated. One copy to be kept on file in the office of the inspector, and shall be good for one year from date of issue. If work is not completed within that time the permit shall be returned and a new one issued 972. The inspector shall examine all plumbing in process of construction and when notified he shall examine the tests for leaks and issue certificates of inspection when approved. 973. When a slope of one-fourth inch to each foot of run cannot be obtained, or when the ground is newly made ground or of yielding nature, and also for that part of the house sewer which is under the building and extending two feet beyond the wall line, the sewer shall be constructed of material similar to that required for soil pipe. No iron sewers shall be permitted with less slope than one-eighth (-J) inch to the foot. 974. Vertical soil pipes shall be of extra heavy cast iron four (4) inches inside diameter, coated while hot both inside and outside, with asphaltum or tar, or four (4) inch galvanized wrought iron pipe of standard weight. They shall extend through the roof for ventilation no less than two feet. If re¬ ceiving a discharge from more than ten water closets and ten other fixtures, or the equivalent thereof, they shall be increased in size as required by the inspector. 975. Standing waste pipes shall be two (2) inches in diam¬ eter, unless receiving the discharge from more than five (5) fixtures, they shall be increased one (1) inch in diameter for each five or less additional fixtures, in other respects the waste pipes shall be similar to the soil pipes. 976. No waste pipe or trap for any fixture shall be of less internal diameter than the following schedule: Wash basin, 1£ inch; bath tub, H inch; urinal, H inch; kitchen sink, li inch; slop sink, 2 inches; laundry tray, 14 inch; water closet, 4 inches. 977. All waste pipe and fixtures other than water closets must be provided at the outlet of such fixtures with strong metallic strainers to exclude from such waste pipes all sub¬ stances likely to obstruct them. 246 CITY ORDINANCES. 978. All iron pipes (cast) must be sound, free from holes or cracks, and of a grade known to the trade as extra heavy. The following weights per lineal foot will be accepted as com¬ plying with this ordinance: 2 inch 54 lbs per lineal foot. 3 inch 94 lbs. per lineal foot. 4 inch 13 lbs. per lineal foot. 5 inch 17 lbs. per lineal foot. 6 inch 20 lbs. per lineal foot. All fittings used in connection with such pipe shall correspond with it in weight and quality. 979. There shall be a running trap in an accessible posi¬ tion in main house drain with a four (4) inch clean out on the sewer side and a four (4) inch fresh air inlet on the house side. The position of fresh air inlet to be approved in permit. A four (4) inch band hole with cap screw shall be provided at or near each change of direction in main house drains. When the ver¬ tical pipe is more than thirty (30) feet in height, it shall rest at the base on a pier foundation acceptable to the inspector. Pipes shall be supported on pipe rests as directed by the in¬ spector. 980. The vertical soil pipe shall have separate Y or sani¬ tary T waste connection for each fixture. Double Y’s or sepa¬ rate fittings may be used. 981. The main pipes shall be run with as few off-sets as possible. Off-sets on horizontal pipes shall be made with one- eighth and one-sixteenth bends. No horizontal pipes shall be permitted to exceed six feet. The cast iron pipes shall be left uncovered except if necessarily left in recesses when they may be covered by boards which can readily be removed for inspec¬ tion, said boards shall be fastened with screws. The joints shall be filled by tamping soft pig molten lead over a small gasket of picked oakum. 982. If the Durham system of house drainage shall be used, it shall comply with a special permit from the inspector, and shall in all respects be subject to his approval. 983. Each fixture connected with the drainage system shall be separately and effectually trapped. In no case shall the waste from the bathtub or other fixture be connected with a water closet trap or revent connection of the same. Traps shall not be placed more than two (2) feet from the inlet of the fixture. They shall have some means of clean-out exposed to view and easily accessible, and shall have a perfectly smooth interior. CITY ORDINANCES. 247 984. A grease trap or catch basin of approved pattern shall be used in connection with slop sinks, kitchen or pantry sinks in all hotel', laundries, eating houses and boarding houses and all establishments discharging oily matters into the sewer. 985 All traps shall be protected from syphonage and such anti-syphon traps only shall be permitted as are approved by the inspector. They shall in no case be placed more thau four (4) feet from the vertical pipe. 986. Revent pipes shall not be less than inside bore of trap for branches or two (2) inches for the vertical pipe. If more than live fixtures are revented from one pipe, the main revent shall be increased as required by the inspector. The revent pipe shall extend up through the roof. If less than five fixtures discharge in the vertical pipe, the revent may be re- vented into the vertical pipe two feet or more above the waste of the highest fixture. No revent pipe shall be allowed to run so as to form a trap. Each revent shall have a trap screw wiped into it not more than six (6) inches above its connection with the trap unless the revent is connected to trap with a brass union. No brick, sheet metal, earthenware, or chimney flue shall be used for a sewer ventilator, or to ventilate any trap, soil or waste pips. 987. Revent pipes shall be of cast iron, wrought iron or lead. If cast iron they shall conform in quality to the require¬ ments for soil or waste pipe. If of wrought iron they shall be tested to five hundred (500) pounds per square inch hydraulic pressure. They shall be connected with screw joints and red lead and proper iron fittings similarly coated. If lead is used for vent pipes, or for branch waste pipes, it shall have a weight of not less than the following: 1 in. pipe 2 lbs. per foot. H in. pipe 2-J- lbs. per foot. If in. pipe 3f lbs. per foot. 2 in, pipe 5 lbs per foot. 3 in. pipe 6 lbs. per foot. 4 in. pipe 8 lbs. per foot. 988. When the leaders for rain water are permitted to connect with the sewer this shall be done preferably'.at 'the highest point. If outside of the house, the leaders may be slip joints sheet metal connected with the tile sewer pipe extended six (6) inches above the ground. If inside of the house, they shall be of cast or wrought iron in all respects similar to the requirements for soil pipe. Such connection shall be made 248 CITY ORDINANCES. with a combination lead and brass ferrule soldered over the tin and calked in the hub of the pipe. 989. The subsoil drainage pipes from the cellar or else¬ where, shall if connected with the sewer, discharge into a water tight basin. There shall be a running trap not more than one foot from the sewer, and a brass trap screw or check valve to prevent back pressure. This basin shall receive no other waste. 990. Floor w T ashes may be connected with the sewer when the inlet is protected with a four (4) inch brass trap screw and a running trap not more than one foot from the sewer. Area drains when connected with the sewer shall have a metallic strainer and a four (4) inch trap or hand hole protected against frost, preferably located in the cellar. 991. No fixture shall be permitted to be boxed in or en¬ closed with sheeting or doors. All shall be open plumbing. When fixtures are removed for repairs, or other purposes, they shall not again be boxed in. All fixtures except water-closets, shall waste through strong, approved fixed metallic strainers. All fixtures shall be non-porous and non-absorbent. The over¬ flow from fixtures Shall connect with waste on house side*)f trap. 992. Water closets shall be placed in rooms opening to the outside air in all buildings erected six months after the passage of this ordinance. If opening into an air shaft, the same shall not be less than nine (9) square feet in area. Each water closet within the house shall be supplied from special tanks of five (5) gallons capacity or more, and used for no other purpose. The flush pipe shall not be less than one and one quarter inches in¬ side diameter. The trap shall be in the bowl and above the floor with a large body of water exposed to view T and sufficient immediately to cover and thus temporarily disinfect and de¬ odorize the excreta. No closets requiring mechanical devices, such as the “Plunger’’ closet, shall be allowed. When such closets are removed for repairs they shall not again be used in any w T ork under this ordinance. 993. When water closets are placed outside of buildings they shall be separately trapped and flushed automatically with seat action. All shall be protected from frost, and the part under ground placed in a compartment to permit access to the valve in case of repairs. The enclosure of water closets shall be ventilated with slatted openings in doors and roof. The w T aste water from hopper cock shall be trapped and properly connected on inlet side of main trap. In tenement houses, one w T ater closet must be provided for each two families. CITY ORDINANCES. 249 994. When the drainage system is completed the entire plumbing and drainage system within the building must be tested by the plumber in the presence of the inspector, under a water or air test as directed. All pipes must remain uncovered in every part until they have successfully passed the test. The plumber must securely close all openings as directed by the inspector. The use of wooden plugs for this purpose is pro¬ hibited. 995. The inspection of work shall in no case be delayed over twenty-four hours after notice of completion is rendered. No notice to inspect shall be given until all is complete. 996. An alternate test with air pressure may be employed by the plumber at his option, at not less than four (4) pounds atmospheric pressure with force pump and mercury column of not less than ten (10) inches. The use of spring gauges is pro¬ hibited. 997. When the fixtures are connected and all complete another test shall be made by the plumber under the direction and in the presence of the inspector. This test shall be the peppermint test, using five ounces of the oil of peppermint for each line of pipe. Rubber connections shall not be used on any pipe or fixture conned ed to drain or sewer. 998. No privy vaults shall be connected with the street sewer. No house drainage shall discharge into a privy vault where sewer connections can be made. 999. If drainage pipes are put in for future use, they shall have all openings closed by soldering or calking up perfectly tight and tested by the water test. CHAPTER LX. 1000. The foregoing, from Section 859 to 999 inclusive, to¬ gether with this section and the one following it shall be denom¬ inated “The Revised 'Ordinances of the City of Monmouth,” and shall be printed and published in book form, and all public or general ordinances or parts thereof not included in this ordi¬ nance, so far as they conflict or are inconsistent with the pro¬ visions of this ordinance are hereby repealed, so far only as shall relate to offenses committed from and after the taking effect hereof. Private or special ordinances, orders and resolutions of 250 CITY ORDINANCES. the city council are not repealed unless repugnant to the pro¬ visions of this ordinance. 1001. This ordinance shall take effect and be in force ten days after its publication. Passed October 10, A. D. 1900. Approved October 11, A. D. 1900. * _ _* W A SAWYER, Mayor. ; CORPORATION 1 : SEAL ; Attest: * ---* J. S Cannon. City Clerk. Published in book form by the authority of the city council of the City of Monmouth, Illinois, November 22 , A. D. 1900. SPECIAL ORDINANCES. SPECIAL ORDINANCES. 253 SPECIAL ORDINANCES. The following Special Ordinances passed on the dates noted, will be found recorded in Ordinance Record volumes and pages as given: An ordinance for laying out and opening an alley across and over the west part of lot two, in block ten, in the original town plat of Monmouth. December 29, 1876. Vol. 1, p. 181. An ordinance providing for the erection of Gas Works. January 3, 1876. Vol. 1, p. 173. An ordinance defining what shall be a substantial com¬ mencement of Gas Works. February 5, 1877. Vol. 1, p. 183. An ordinance granting the right of way to the Burlington, Monmouth and Illinois River Railroad Company upon and over certain streets. April 2, 1877. Vol. 1, p. 184. An ordinance to provide for the opening of parts of Cedar, Wood, Warsaw, Lancaster, Pine, Warren and Locust streets. December 3, 1877. Vol. 1, p. 192. An ordinance defining Harding street and widening the north end of Harding and the south end of Wood streets in the City of Monmouth. March 10, 1879. Vol. 1, p. 204. An ordinance to provide for the widening of South street in the City of Monmouth. June 6, 1881. Vol. 1, p. 230. An ordinance granting permission to erect and maintain a system of Telephones or a Telephone Exchange in the City of. Monmouth. December 5, 1881. Vol. 1, p. 230. 254 SPECIAL ORDINANCES. An ordinance in relation to the grade of Depot and Eagle streets and to require the Central Iowa Railroad to conform tracks to said grade. August 6, 1883. Vol. 1, p. 255. An ordinance in relation to the extension of Oak street. October 5, 1885. Vol. 1, p. 327. An ordinance granting privilege for' the erection of poles and the stringing of electric light wires thereon, in, on and along the streets and alleys of the City of Monmouth. March 1, 1886. Vol. 1, p. 340. Water works ordinance. July 2, 1888. Vol. 1, p. 418. An ordinance in relation to the granting the right to the Central Iowa Railway Company to change the location of their switch tracks. September 3, 1888. Vol. 1, p. 430. Water works bond ordinance. September 3, 1888. Vol. 1, p. 435. Water works bond ordinance. September 15, 1888. Vol. 1, p. 436. An ordinance in regard to water works rates. March 28, 1889. Vol. 1, p. 448. An ordinance in regard to water works rates. May 5, 1890. Vol. 1, p. 492. An ordinance amending an ordinance establish¬ ing water rates, etc. July 7, 1890. Vol. 1, p. 503. An ordinance changing the names of the streets of the city. January 5, 1890. Vol. 1, p. 517. An ordinance in relation to the opening of the alleyway through block seven, South addition to the City of Monmouth. March 2, 1891. Vol. 1, p. 527. An ordinance to vacate block thirteen, Sipher’s Addition to the City of Monmouth. June 1, 1891. Vol. 2, p. 9. SPECIAL ORDINANCES. 255 An ordinance regulating the use of city water. June 3, 1891. Vol. 2, p. 12. An ordinance to authorize the Monmouth Motor Street Railway Company to construct, operate and maintain a street railway; and to furnish power, light and heat. June 3, 1891. Vol. 2, p. 14. An ordinance relating to electric lights. Granting fran¬ chise to the Edison Illuminating Company. September 12, 1892. Vol. 2, p. 156. An ordinance to vacate the alleyway through Block Three South Addition to the City of Monmouth. November 7, 1892. Vol. 2, p. 166. An ordinance vacating a part of East Eighth Avenue. July 3, 1893. Vol. 2, p. 210. An ordinance providing for the issue of bonds. February 19, 1894. Vol. 2, p. 232. An ordinance granting permission to the Merchants Tele¬ phone Company to erect and maintain a system of telephones, or a telephone exchange. March 20, 1894. Vol 2, p. 241. An ordinance in reference to water services. June 4, 1894. Vol. 2, p. 249. An ordinance to borrow money on the credit of the corpor¬ ation, and issue bonds therefor to the amount of $2,000.00 to provide means for making extensions to the water works sys¬ tem. June 8, 1894. Vol 2, p. 252. An ordinance to provide for the issue of $15,000.00 bonds to refund the like amount of water works extension bonds out¬ standing. June 16, 1894. Vol. 2, p. 254. An ordinance in reference to the payment of a part of the costs of cememt sidewalks. July 3, 1894. Vol. 2, p. 259. 256 SPECIAL ORDINANCES. An ordinance to permit the Standard Oil Company of Ken¬ tucky, to erect buildings and tanks for the storing and handling the products of petroleum. July 3, 1894. Vol 2, p. 263. An ordinance for the widening South Third Street from the north line of Sixth Avenue to the south line of the right of way of the C. B. & Q. R R. November 12, 1894. Vol 2, p, 302. An ordinance to borrow money on the credit of the corp»r- tion and issue bonds therefor to the amount of three thousand dollars to provide means for the making extensions to the water works system. March 4, 1895. Vol. 2, p. 307. An ordinance granting right of wav through the streets and alleys and over public grounds and permission to erect and maintain a system of telephones and telephone exchange within the city of Monmouth and to protect the same. April 30, 1895. Vol 2, p. 312 An ordinance in relation to water rates and taxes. Novem¬ ber 18, 1895. Vol. 2, p. 344. An ordinance granting permission to erect and maintain a system of telephones or telephone exchange in the City of Monmouth. July 12, 1897. Vol. 3, p. 51. An ordinance to amend an ordinance entitled, “An ordi¬ nance to provide for the issue of ten thousand ($10,0u0) dollars bonds to refund the like amount of Water Works’ Bonds out¬ standing. August 2, 1897. Vol. 3, p. 63. An ordinance providing for the vacation and closing of a part of the alley in block 17, in the South Addition to the City of Monmouth September 5, 1898. Vol. 3, p. 136. An ordinance for the opening and extension of South Third Street in the City of Monmouth. December 5, 1898. Vol 3, p. 167. An ordinance to provide for the is'ue of $3,0C0.00 in bonds to refund the like amount of outstanding bonds issued for the extension of water service. March 6, 1899. Vol. 3, p. 179. SPECIAL ORDINANCES. 257 An ordinance to amend “An ordinance to provide for the issue of 13,000.00 in bonds to refund a like amount of outstand¬ ing bonds issued for the extension of water service.” March 20, 1899. Vol. 3, p. 187. An ordinance authorizing the mayor to attend the ^ale of lands for taxes and special assessments and making it his duty to bid thereat in the interests of the city if necessary. May 3, 1899. Vol. 3, p. 199. An ordinance regulating extension of telephone systems, etc. May 15, 1899. Vol. 3, p. 203. An ordinance granting to the Central Union Telephone Company the right to erect and maintain its poles and lines in the City of Monmouth, on the conditions therein provided. August 21, 1899. Vol. 3, p. 234. An ordinance granting franchise to W. W. McCullough and others to establish, maintain and operate an electric street rail¬ way over certain streets and avenues in the City of Monmouth and to furnish power. August 7, 1899. Vol. 3, p. 240. An ordinance granting franchise to W. J. Perris and others for the purpose of supplying gas to the said city and the inhab¬ itants thereof. September 4, 1899. Vol. 3, p. 257. An ordinance to vacate a portion of West Sixth Avenue, and a portion of South E Street. November 21, 1899. Vol. 3, p. 268. An ordinance extending franchise of Edison Illuminating Company. December *4, 1899. Vol. 3, p. 271. An ordinance authorizing the city to borrow money for the extension and enlargment of the water works system. Febru¬ ary 5, 1900. Vol 3, p. 273. An ordinance providing for the extension and enlargement of the existing water works system of the City of Monmouth. February 5, 1900; Vol. 3, p. 276; NANCES. i b i se to the Monmouth Gas ol. 3, p. 285. Lons 2 and 3 of an ordinance for the extension and enlarge- ,f the City of Monmouth, ap- p 9. 1900. Vol. 3, p. 298. i jhise to H. H. Pattee for the f hot water for heating and t Yol. 3, p. 310. t :hise to W. W- McCullough for signals. September 18, 1900. Be it or darned by the city council of tie city of Galesburg, Illinois: Seetibn 1. That sidewalks be con¬ structed as follows, to-wit: On the east side of North Prairie sit., abutting' upon the west end of lot No. two (2) in block No. sixteen (16), in Gale’s Second addition to the city of Galesburg. All of said lot, piece and parcel of land situated in the city of Galesburg, Knox County, Illinois. Section 2. All of the walks mentioned _ dinunce entitled in section 1 of this ordinance shall be .Oil 5 Ol an Ol rpment of five feet In width, and shall be con- extension and eilldlg ,, structed of hard-burned bbi'ck, laid^ () | -^pe City of MonnaOUtn., upon a suitable bed of cinders and sand, ;) iqqq Vol. 3, p. 297. and the interstices filled with sand. The ^2 materials used and the construction of all of said sidewalks shall be under the supervision of and subject to the ap¬ proval of the superintendent of streets. Section 3. The owners of said lot re¬ spectively shall construct said sidewalk in accordance with the specifications set forth in this ordinance within thir¬ ty (30) days after the publication of said ordinance, and in default thereof said materials shall be furnished and the said sidewalk shall be constructed by the city. Section 4. The cosit of said sidewalk shall be paid by a special tax, levying upon eaJch of said lots or par¬ cels of lands respectively the entire cost of constructing t!he walk in front .hereof, including labor, material, cost 3f laying down and supervision. Section 5. In case any of 'the owners of any of s'aid lots fail to construct said Sidewalks, and their const ruction by the city, a bill of costs of said sidewalk, show¬ ing in separate items the cost of grad¬ ing, materials, laying down, and su¬ pervision, shall be certified to and filed in the office of the city clerk by the su¬ perintendent of streets, together wuii the numbers of said lots and blocks, the names of the owners, and the frontage upon said street. The city clerk shall thereupon issue a warrant directed to the superintendent of streets, for tiae collection of the amount of said special tax, as ascertained and found due from the owners of said lots to the city. Section 6. If the superintendent of streets fails to collect said special tax, it shall be the duty of the city clerk, on or before the tenth day of March after the return of the warrant to hiin by the superintendent of streets, to make a re¬ port of said special tax in writing, and in manner provided by law, t'o« the coun¬ ty treasurer of Knox county, Illinois. Passed in council t'hlis 5th day of No¬ vember, A. D. 1900. Approved this 12th day of November, A. D. 1900. FLETC'HER CARNEY, Attest: Mayor. A. W. TRUEDSON, City Clerk. a RULES AND ORDER OF BUSINESS OF THE CITY COUNCIL OF MONMOUTH, ORDER OF BUSINESS. Rule 1. At the hour appointed for meetings, the clerk shall proceed to call the roll of members, marking the absen¬ tees, and announce whether a quorum is present. If a quorum be present the council shall proceed to the business before it. A majority of the members elect shall be necessary to consti¬ tute a quorum; less than a quorum may adjourn and compel the attendance of members. The following shall be the order of business: 1. The reading of the minutes of the proceedings of the last meeting or meetings, amendment and approval of the same. 2. The presentation of petitions and other communica¬ tions. 3. Reports of city officers. 4. Reports of standing committees. 5. Reports of select committees. 6. Unfinished business of preceding meeting. 7. Miscellaneous resolutions, motions, etc. Rule 2. All questions relating to the priority of business shall be decided without debate. DUTIES AND PRIVILEGES OF THE MAYOR Rule 3. The mayor shall preserve order and decorum, and shall decide all questions of order, subject to an appeal to the city council. He shall have the casting vote on all ques¬ tions upon which the city council is equally divided, but not otherwise. Rule 4. While the mayor is putting the question no member shall walk across or out of the council room. rtOC UfyJ &%£&"?^£&r r " xa,ui0 ° ■ W a "!PI !- 8 ^,ofP°}«~^o n „ / ^'"^1 0 '^‘Najyjvjj- ^ PBB M «’V 0 'tfW^IJl^mvav -- ■V 0 orT^* ?—---~-H f ANCES ' Tu uMiiiiiiffil 1 1 jnj / {hise to the Monmouth Gas Company. February 19, 1900. Vol. 3, p. 285. An ordinance to amend Section 5 of an ordinance entitled •‘An ordinance providing for the extension and enlargement of the existing water works system of the City of Monmouth," passed February 5, 1900. April 2, 1900. Vol. 3, p. 297. An ordinance amending Sections 2 and 3 of an ordinance entitled “An ordinance providing for the extension and enlarge¬ ment of the water works system of the City of Monmouth,” ap¬ proved February 6, 1900. April 19, 1900. Vol. 3, p. 298. An ordinance granting franchise to H. H. Pattee for the purpose of supplying steam or hot water for heating and power purposes June 4, 190\ Vol. 3, p. 310. An ordinance granting franchise to W. W. McCullough for telephone and other electric signals. September 18, 1900. Vol. 3, p. 320. RULES AND ORDER OF BUSINESS OF THE CITY COUNCIL OF MONMOUTH, ORDER OF BUSINESS. Rule 1. At the hour appointed for meetings, the clerk shall proceed to call the roll of members, marking the absen¬ tees, and announce whether a quorum is present. If a quorum be present the council shall proceed to the business before it. A majority of the members elect shall be necessary to consti¬ tute a quorum; less than a quorum may adjourn and compel the attendance of members. The following shall be the order of business: 1. The reading of the minutes of the proceedings of the last meeting or meetings, amendment and approval of the same. 2. The presentation of petitions and other communica¬ tions. 3. Reports of city officers. 4. Reports of standing committees. 5. Reports of select committees. 6. Unfinished business of preceding meeting. 7. Miscellaneous resolutions, motions, etc. Rule 2. All questions relating to the priority of business shall be decided without debate. DUTIES AND PRIVILEGES OF THE MAYOR Rule 3. The mayor shall preserve order and decorum, and shall decide all questions of order, subject to an appeal to the city council. He shall have the casting vote on all ques¬ tions upon which the city council is equally divided, but not otherwise. Rule 4. While the mayor is putting the question no member shall walk across or out of the council room. 260 RULES AND ORDER OF BUSINESS. Rule 5. Every member, previous to his speaking, shall rise from his seat, and address himself to the mayor, but shall not proceed with his remarks until recognized arid named by the chair. Rule 6. The mayor shall, when ordered by the council, direct the marshal to have present at its session, any person, books or papers deemed necessary to the proper understand¬ ing of any question before it. Rule 7. When two or more arise at once the mayor shall name the member who is entitled to speak. DUTIES OF MEMBERS. Rule 8. Each member, on presenting any communication, resolution or other matter for the consideration and action of the council, shall rise and address the mayor as “Mr. Mayor/’ and having made such explanation or statement as he shall d|em necessary, of the matter he desires to present, shall ask leave to present the same. Rule 9, No member shall be permitted to speak without rising and addressing the chair in the proper form, nor shall he proceed with his remarks until he is recognized and named by the chair. Rule 10. No member shall speak more than twice upon the same general question, except by unanimous consent. Rule 11. A member called to order while speaking, shall, unless permitted to explain, immediately cease speaking and sit down until the point of order is presented and decided. If there be no appeal, the decision of the chair shall be conclu¬ sive, but if an appeal be taken from the decision of the chair, the council shall decide on the matter without debate. Rule 12. While a member is speaking, ho member shall hold any private discourse, or pass between the speaker and the chair. Rule 13. No member shall vote on any matter in which he is directly interested; but he shall, if present, vote on all other questions, unless excused by the council. Rule 14. No member shall speak to the council unless there be some question then pending before it, except to make an explanation or an inquiry. RESOLUTIONS, MOTIONS AND ORDINANCES. Rule 15. All resolutions shall be in writing, and every RULES AND ORDER OF BUSINESS 261 motion shall be reduced to writing when requested by the mayor or any alderman. Rule 16. No motion shall be put and debated unless it is seconded. When a motion is seconded it shall then be stated by the mayor, or be read if reduced to writing by the recorder or the member offering it. Rule 17. After a motion or resolution has been stated by the mayor, it shall be regarded as properly before the council, but it may be withdrawn at any time before amendment is made to it, or vote taken on it; but if an amendment has been made or a vote taken, it can only be withdrawn by the consent of the council. Rule 18. On the request of any two members of the council, the yeas and nays shall be taken and entered on the minutes. Rule 19. If a question under consideration contains more than one distinct proposition, it -may be divided upon the re¬ quest of any member. Rule 20. When a question is pending or under debate, no other business shall be in order, and no matter shall be en¬ tertained except: First. A motion to adjourn. Second. To lay on the table. Third. To postpone indefinitely. Fourth. The previous question. Fifths To refer to a committee. Sixth. To amend. Seventh. To adjourn to a particular day. Such motions shall have precedence in the order herein named, the first, .second and fourth to be decided without debate. QUESTIONS NOT DEBATABLE. Rule 21. Motions to adjourn, to lay on the table, or for the previous question are not debatable; but when the motion is to adjourn to a certain day, or to Jay on the table and publish or to do any other thing, it is then open to amendment and debate. 262 RULES AND ORDER OF BUSINESS. MOTION TO ADJOURN. Rule 22. A motion to adjjurn is always in order, except when a member has the floor; or, second, While the yeas and nays are being called; or third, When the members are voting; or fourth, When the previous question has been ordered; or fifth, When adjournment was the preceding motion. PREVIOUS QUESTION. Rule 23. When the previous question is moved and put, it shall be in the following form: “Shall the main question be now put?” If this is carried, all amendments not acted on, and all further motions or debate shall be at an end, and the ques¬ tion be put without delay. AMENDMENT. \ Rule 24. A motion to amend shall be in order, but to amend an amendment to an amendment shall not be enter¬ tained. Rule 25. Nothing offered as an amendment to any matter before the council will be entertained unless it is germain to such matter. RECONSIDERATION. Rule 26. A motion may be made to reconsider at any time during the same meeting, or at the first meeting had there¬ after. Rule 27. A motion to reconsider must be made and sec¬ onded by members who voted in the majority, or by those who were absent and did not vote on the matter on which reconsid- ation is desired. Rule 28. No question shall be reconsidered more than once, nor shall a vote to reconsider be reconsidered. COMMITTEES. Rule 29. The mayor shall appoint all committees, unless the council otherwise order. Rule 30. All standing committees shall be appointed by the mayor annually, on entering upon the duties of his office, and the first named shall b) the chairman thereof. Rule 31. Standing and select committees shall consist of not less than three members. Rule 32. Standing committees, and select committees, to RULES AND ORDER OF BUSINESS. 263 whom matters are referred by the council, shall report at the next regular meeting of the council after the reference, unless otherwise instructed, or further time be given. Rule 33. Such reports shall briefly describe the matter refen ed to it, and the conclusion to which the committee has come; which conclusion shall be summed up in form of an order, resolution or recommendation. Rule 34. On the acceptance of a final report from a se¬ lect committee, the said committee shall be considered dis¬ charged, without a vote, unless otherwise ordered. MISCELLANEOUS. Rule 35. No person not a member of the council, shall be allowed to speak before the council, except by permission of the council. Rule 36. Any member may call for the reading of any paper in the possession of the council, bearing upon a question then pending. Rule 37. In filling blanks the question shall be upon the highest number or the longest time. Rule 38. All bills and claims against the city shall be re¬ ferred to some committee, and shall lie over until the next meeting of the council, unless the same shall have been exam¬ ined by the appropriate committee and payment recommended by a majority of such committee, in which case bills and claims may be passed and allowed, without being referred, at the same meeting at which they are presented. Rule 39. The foregoing rules may be temporarily sus¬ pended by unanimous consent of all members present, but shall not be repealed, altered or amended, unless by concurrence of jtwo thirds of all the Aldermen elected. I ' . ■ 4 f INDEX. The figures refer to the Sections, except where otherwise stated or indicated. ABATEMENT OF NUISANCES,.. __(Cl. 75 Sections 62,) 452, 851, 852, 853, 854, 856 ABSENCES, Leave of...... 377 ACCIDENT, etc., improvement in case of. 90 ACCOUNT, Settlement of.....371, 380 ACKNOWLEDGED, Official bonds to be... 196 ADDITIONS, how laid out, etc....... 262, 535 penalty for selling lots in without approval.._.. 266, 536 ADULTERATION OF FOOD. 694 ADULTERY (See houses of ill fame). ADVERTISEMENTS, not to be injured, defaced, etc. 787 not to be posted on, etc... 789 of impounded animals. 542 ALDERMEN, number of. 30 term of office.......... 31 vacancy in office . 32 qualifications of.... 33 not to hold other city office..... 80, 238 conservators of peace. 83 compensation of. 85 not to be interested in city contract........33, 78, 239 nor act as attorney to procure...239 office of, vacated when convicted of bribery.... 35 may be expelled, but only once for same offense. 35 two, may defer committee report... 43 may call special meeting of council... 45 under minority plan. 54 may call special election.. 60 contesting election of.....610, 615 may be compelled to attend meeting of council...394 penalty refusing to obey citation. 395 ALIENS, employment of forbidden. 195 ALLEYS, throwing filth into, arrest.452 AMENDMENT TO COMPLAINT. 878 ANIMALS, cruelty to....806 neglecting fastened. 806 hitching to trees and fences..... 930 leaving horses, etc., unhitched or unguarded. 907 — INDEX. on sidewalks and parks. 904,- 930 dangerous, at large ....... 595 running at large, herding, etc., forbidden..537 taken up by police........ 540 taken up by residents ...541 description of estrays posted.._542 impounding, care, charge for keeping..543 release on payment of costs.....544 trial before magistrate ..._. 545 fees and charges....... 546 marshal assistants.... 547 marshal’s monthly report.._...548 fowls at large ....538 dead, left unburied......549 pound provided for.......539 sick with infectious disease to be removed....697 cattle, not to keep where unwholesome...696 dogs (see dogs) ANNEXING AND EXCLUDING TERRITORY, proceedings....318-329 APPEAL BOND, city need not give... 177 to council in license cases__ 726 to finance committee....... 108 APPLICATIONS, for building permits...... 631 licenses......... 719, 736, 746, 752, 759, 775 drain or sewer.........599, 601 APPOINTMENTS, m lyor to make..... 74 of standing committees......391 board of health_ _____445 city collector. 368 engineer .. 368 fire marshal and assistants... ...368 inspector weights and measures....368 inspector mineral oils ........368 marshal and police.......462 scavenger. 368 sexton. .. 368 superintendent of streets_______368 superintendent of water works........368 weighmaster. 368 APPROPRIATIONS, annual by ordinance.... 89 none for sectarian purposes......p 10 yeas and nays on..... 41 mayor may veto items of.—___46, 231 ordinance making to be published_____ 64 additional, to be submitted to people.... 89 expenditures not to exceed—emergency.... 90 salaries may be fixed in...245 may be reduced and revised when.....310 account of to be kept by city clerk.... 410 ARBITRATORS, may be <. hosen to fix damages in fire limits..641 fees of, etc----642 to be sworn, report of, how made...643 ARRESTS, with or without warrant____ 83 may be made by fire marshal or assistants...437 INDEX. 3 for throwing filth in street, etc..452 officer may call aid.*.817 ASHES, place for deposit of......635 not thrown on streets____ 790 ASSAULT AND BATTERY, penalty for____ .812 ASSEMBLY, disturbing. 809 ASSIGNATION (See houses of ill fame). ATTORNEY, city__ __.Chapter VI officer not to act as, to procure contract.239 AUCTION ON STREETS, none without permit. 928 AUCTIONEERS, must be licensed____ _718 fee for license_____ 733 license may be revoked_______726 must not employ bell, gong, etc_____810 AWNINGS, heighth, material, construction_ 917 BADGES, fire marshal and assistants shall wear_ 437 hackmen shall wear_ 679 police shall wear_ 471 BAIL, may be given when arrested___ 880 BALL ALLEYS, etc., licenses required_ 751 keeping without license, penalty_ 751 BARBED WIRE, along street, prohibited_918 BELL, GONG OR DRUM, not to be employed for sales_ 810 BENZINE (S?e Chapter XXXII). BICYCLES, injury to_ 827 riding on walks prohibited_ 910 must have light after dark___910 fast or careless riding_ 911 BILL IN CHANCERY to prevent laying of pipes or stringing wires, etc_ 222 BILLIARD TABLES, license fee_ 754 keeping without license, penalty_ 751* minors not to play_ 755 intoxicated persons not to play___ 756 BILL POSTING, on private property prohibited_ 789 BIRDS, not to be killed, etc_ 784 BOARD OF HEALTH, (See H< alth Department). BONDS of city officers_ 75 new city officers, acknowledgement_196, 198, 369 release of sureties on_1_ 197 failure to give new, effects delivered_ 199 city may issue for money borrowed_Cl. 5. Section 62 city may issue funding old bonds, etc_ ____CJ. 6, Section 63 act to provide for payment of__194, 194« saloon license____.... 760 wholesale liquor__ 777 4 INDEX. inspector of mineral oils to give.... 460 approval by council._.......... 522 city officers shall not be surety on......524 house movers to give.______705 cigarette dealers to give_____'736 druggists to give_____746 tapper to give_____956 plumbers to give___966 see (official bonds.) water works, etc. (see special ordinances.) BONFIRES, prohibited.........627,666, 331 BOOKS, city officers, open to examination_-..92, 100, 103, 375 ordinances to be recorded in______ 82 city collector to keep_____100 comptroller to keep._____ 106 committee on finance to examine__376 committee on finance may prescribe manner of keeping_376 officer, deliver to successor_ 76, 369 sexton to keep_-......483 treasurer to keep_ 92, 500 inspector of weights and measures, to keep ___508 for registering estrays, kept by clerk___..'__542 BOWLING ALLEYS, license of, fee_ 754 BRIBERY, conviction of, ineligible to office_p. 1, Section 4 disqualifies for alderman....___ 33 vacates office of--- 35 of officer, penalty ---------- 79 BROTHELS, (see houses of ill fame.) BUILDING, encroachment on streets and alleys ___918 may be destroyed when___ 442 wooden prohibited in fire limits___ 630 extent of repairs permitted....._____634 removal within fire limits..... 634 (See fire limits and fire protection.) dilapidated, nuisance_ 845 unsafe, nuisance_■_---•___846 BULL, indecent exhibition of_____ 796 BURIAL, (see cemetery.) of dead animals ___ ____ 549 BUSINESS PLACES, closed on Sunday___ 783 BUTTER, unwholesome_ 694 CABS AND CABMEN, (see hackmen and draymen.) CANADA THISTLE etc_ 844 CARS, getting on and off while moving_____ 813 not to remain on street crossings_ 888 speed of train_ 889 bell on engine to be rung_____890 light at night__ 890 CARTRIDGES, license for sale of__718 INDEX. 0 CATTLE, herding on streets prohibited _ __ 537 to be kept in wholesome place_ 696 may be inspected __ _ _ 695 CELLAR, foul or unclean, nuisance_851 not to be left open_ 900 CEMETERY, may be removed_ 202 may be established, acquire lands, how___203 city, located and fixed_ |_550 burial in without permit unlawful__ 551 burial permit how obtained____ : _552 no burial except in cemetery and fees paid___553 collector to give receipt for fees_ 554 permit and receipt entitle party to service of sexton_555 removal of bodies, fees__ 556 fees for burial_ 556 penalty for violating ordinances_ 557 health officer to keep record of permits__558 money for sale of lots, how used_ 559 “Cemetery fund” kept separate___ * . 560 valuation of lots and how sold__561, 562 title to lots, how obtained, etc__ 563 fees for deed...___-_564, 382 record to be kept_ 565 public burying ground__ 567 burial ground for soldiers and sailors ___ 568 non-resident not to be buried in without permit_ 569 depth of graves___ 570 depredations and disorders in___571 injuring fence, grave stones, etc_ 571 planting of shrubs, vines, etc., prohibited_ 571 digging grave without authority___ 572 disturbing graves in_ 573 must enter and drpart through gates__ 574 minors not allowed on ground, except__ _ 575 CENSUS, authority to take___ 175 CESSPOOLS, when nuisance___ • __ 842 no drainage from _;_604 not to deposit offal in__689 CHAINMEN, employed by engineer__421 CHANCERY, bill in to prevent laying pipes and stringing wires_222 CHANCES, sales dependent upon_ 816 CHEATS AND SWINDLES_------ 795 CHICKENS, etc., at large____538 CHIMNEYS, (see Fire Limits and Fire Protection.) CIGARS, no sale to minors__ 832 CIGARETTES, no sale to minors_ 745 license for sale of (see licenses)_ 736 CIRCUS OR MENAGERIES, license fee_ 733 CISTERNS, water for_ 950 0 INDEX. CITY, courts take judicial notice of, existence of_ 6 need not give appeal bond.___ 177 not to become indebted, etc.___Cl. 5, 62, 91 fiscal and municipal year of____359, 360 seal of_______361 wards of___362 to 366 inhabitants of, competent jurors ___174 improvements by special assessments,__R. S. J 99, p. 362 may buy in, special assessments_R. S. ’99, p. 37-7 tax payer may enforce right in name of_ 172 records of, how certified___215 taxes to be certified, etc__111, 291 may establish house of correction_ 223 may construct sidewalks when___116, 294 may build, purchase or extend water works_335 to 338 may levy tax for water supply_336, 349 claims against city, subject to set-off_ 397 CLERK, ordinances deposited in office of_ 46, 231 when to be elected_ 49 to notify persons elected or appointed_ 59 may call special election, when_ 60 may certify ordinances______ 65 to be elected 92 oaths of officers to be filed with __ 75, 369 bond of to be filed with treasurer __75, 369 receive certificate of his election from mayor_ 76 sign commission to officer_76, 369 not to hold any other office_ 80 duties of-keep seal, make record, etc__ 81 his certificate under corporate seal evidence_ 81 keep record of ordinances__ 82 may administer oaths_ 87 warrants on treasurer, signed by_98, 408 give copy of receipts to collector_ 100 perform duties of city comptroller, prepare estimates_104, 106 keep record of city bonds, when_ 106 may appoint subordinates_109, 413 certify records, etc. __ 215, 216 false certificate ___,...218, 381 make special tax list for sidewalks, when_296, 297 issue warrants to collect special tax for sidewalks..297 pay over sidewalk tax to treasurer .....297 return delinquent tax for sidewalks, etc. __ 297 rebate tax on destroyed property, when.__ 309 deliver books, etc., to successor____369 pay over money and make reports_.371, 379 report delinquent city officers_____372 records, books, etc., of may be examined___375 leave of absence, how obtained__ __ 377 liable for omission of duty____378 settle, with committee on finance.......^ 380 to receive fees for city_382, 564 provide ballots for election___ 404 furnish books and blanks for officers__ 405 attest licenses_____406 issue notices for council meetings, etc..... 407 keep accounts and charge officers with money, etc_ 409 INDEX. t keep revenue account and bill book....410 deliver resolutions, ordinances, etc......411 make list of able bodied males__412 not to be interfered with......___439 ex-officio clerk board of health___446 marshal, etc., to submit estimates to_____467 sexton to return accounts to__484 treasurer to report delinquent officers to_ 498 duplicate warrants issued by when__ 499 inspector of weights, to deliver copy of register to_508 procure standard weights and measures____517 salary of_______86, 374, 526 execute a bond__525 affidavit of estrays to be filed with___541 *• register and post estrays____542 issue burial permit in absence of collector__ _553 issue receipts in absence of collector_554 attest deeds to cemetery lots_563, 566 fees for same_______564 notice of election _ 609 produce ballots when..__ 615 furnish numbers for drays, etc._ 680 applicants for license register with___ 719 receipt for lieense fee delivered to_ 723 countersign license--737, 761 record ordinances__ 82, 858 provide three printed copies of_ 859 printed ordinances to be deposited with_870 police magistrate and justices to make report to_ 884 duty to advertise for supplies_ 933 COAL, fuel, clerk to advertise for _ 933 penalty for selling less than 2,000 pounds for ton__ 514 COLLECTOR, to be appointed______368 duties of, reports and statements_ _100, 101, 102, 371, 379, 414, 415, 416 deliver books and papers___369 report on refusal to pay over or settle _____372 salary of_____86, 374, 526 books of subject to inspection__ 375 leave of absence how obtained_ 377 liable for omission of duty___- __ 378 settle with finance committee_380 making false certificate_.. 381 to be charged with monies, accounts, etc._409 cemetery accounts to be delivered to__484 receipt for cemetery fees___553, 554 keep cemetery money separate_ 560 record of valuation of cemetry lots to be given to__f61 record of sales, etc_ 565 register licensed dogs and issue tags___581 cause dog notice to be published_582 certificate of redemption of dog___588 new tag in lieu of lost, delivered...__590 license fee to be paid to...733, 737, 750, 753, 777 may be appointed____73, 74 commissioned_______76. 370 adjustment of accounts with finance committee_‘_108 8 INDEX. may declare water rent forfeited.. 936 authorize tapping pipes.--....... 937 advance payment for water rent to be credited by...938 permit for altering water fixtures..944 application for water made to.....946, 947 tine for waste paid to......951 application for manufacturers pipes made to...__955 plumbers to make report to_______ 956 notify superintendent of water works of default of payment of water rent. 961 COLLECTORS of taxes, settlement with_ __..204, 208 fees of_________250, 221 COMBUSTIBLE MATERIAL, in exposed places___666 COMMISSION OF OFFICERS....' ..76, 370 mayor to sign ...........383 COMMISSIONERS fire, board of_____649 COMMITTEES, Council, standing, mayor to appoint__391 COMPLAINTS, form of_______ 68 may be amended _ 878 COMPTROLLER, if none, clerk shall be______104 CONCEALED WEAPONS, unlawful to carry........828 flourish in threatening manner...... 828 CONSERVATORS OF PEACE, power___ 83 CONSTABLE, may serve city process______ 70 CONTAGIOUS DISEASES, pauper or non-resident notice_451 board of health to make regulations___451 seclusion of infected persons_..._ 455 persons recovering from shall not appear ___833 attendant shall not appear______834 animals, infected with_ 697 CONTRACTS, officers not interested in ..._33, 78, 239, 335 not to make without appropriation__ 91 void if procured by officer........239 CONVEYANCE real and personal estate____286 CONVICT, to labor on street___ 883 COUNCIL, messages to____ 25 how composed .........29, 30 term of alderman____ 31 vacancy in office of alderman_ _ 32 qualifications.. 33 judges of its members..____ 34 rules, expulsions, bribery_____ 35 quorum, compelling attendance__36, 394 meetings of____37, 390 chairman pro tern_____ 38 sit with open doors_____ 39 keep journal__ 40 yeas and nays to be taken________ 41 when vote at special meeting may be reconsidered_ 42 committee report deferred when_______ 43 INDEX. 9 territorial jurisdiction of...... 44 special meeting's of, how called_.... ...45, 393 elect mayor pro tem_____J_ 17 may disapprove of removal of officer when... 20 passing ordinance over veto __ _ 47 may divide city into wards.._ 51 designate places of election; give notice.... 56 appoint judges and clerks of election__ 56 canvass election returns_... 57 when no quorum in office; call election .... 60 call new election___ 61 general powers of_ 62 license itinerant merchants_i___ Q’la may direct ordinances to be published_ 65 provide for labor of prisoners_ 68 jurisdiction over street labor_71. 71^ shall be elected_____ 72 may create and discontinue offices_.’_ 73 may prescribe duties, etc., of officers_ _74 oath of_ 75 journal of, kept by clerk_ 81 may fix compensation of officers__.84 86 compensation of alderman_ 85 pass appropriation bill_ 89 make temporary loan_ 90 contracting liabilities limited_ 91 treasurer render account to_ 95 treasurer’s report to___96, 97 fix place of deposit of city money__ 96 collector to report to_ 101 define duties of comptroller_ 105 finance committee of, appeal to_ 108 may levy and collect taxes___111 to 115 make improvements by special assessments_ 116 may borrow money to provide water__169, 170, 171 may approvs maps, sub-divisions, etc._ 173 may remove cemetery when_202 establish cemeteries_ 203 license fee for saloons to be paid in advance_211 may allow costs in prosecutions_ 219 on petition mav grant leave to lav pipe and string wires_222 may establish houses of correction ___ ____ _223 mav not license house of ill-fame_ 225 may establish free libraries_... 227 alderman not to hold other office in city___238 may determine when vacancy exists, when__... 244 fix salaries of city offic rs_86, 245 may not change salary during term ___245 approve appointment of oil inspector.._247 fix bond of oil inspector_248 may close public buildings_ 276 may require flagman, etc., at R. R. crossings_._... 285 may sell real estate__ 286 pass ordinances in relation to persons in charge of steam boilers_300, 301 power over location of street railroads_304 may vacate streets when_307 rebate taxes, etc., when property destroyed...310 10 INDEX. levy sewer tax.......311, 312 levy tax when city property destroyed___ 314 consent of for erection of poles on street_ 317 annexation of territory by... .318 disconnect territory........329 may provide for issuing warrants in anticipation of taxes_333 power to supply water, etc...... 335 may acquire water works_____342 may issue bonds for water works___169, 336, 353 buy or construct water works_______3*19 fix water rates______356 approve official bonds, and require new bonds. 369, 522 may examine books of officers___ 375 finance committee of may fix manner of keeping books_376 finance committee of settle with city officers___380 standing committee of and reports of...391, 392 finance committee, annual meeting__396 collector to report to....416 .engineer to report to____422, 425 fire marshal to report to____427 firemen divided into companies by__431 sexton to report to___484 lost warrants duplicate of....... 499 water works superintendent to report to__. 504 weighmaster to report to__.__520 shall not be surety___524 salary of_____374, 526 determine value of cemetery lots.......561 provide manner of sale.......562 assess cemetery lots___563 may provide pound.. ... ........586 fix time and place of taking evidence in contest....612, 613 grant permits for storing gasolene, etc.____672 designate place to remove sick and dead animals_•__697 may revoke licenses_____725 may reinstate license revoked by mayor.___726 grant license to druggists____746 may grant license for billiards, etc... 752 may revoke same_____757 grant license for saloons_________ 759 may suspend or revoke such licenses..,___762 grant license wholesale liquor .dealers ___ _ 775 permits for vault under sidewalk. _____898, 899 to name paper in which to advertise for suppli* s__0.33 plumbing inspector to report to_____967 COWS (see animals, parks, streets, pounds.) CRIMINALS, reward for......388 CROSSINGS, to be cleaned ____ 488 railroad company not to obstruct..,.._____888 vehicles not to stand on_*......904 steam not allowed to escape at___ 891 railroad company to construct and maintain... 892 manner of constructing______892 repair of, notice for..... 892 city may construct, on default...892 CURBSTONE, injury to....... 786 INDEX. 1 1 CURFEW, (see Chapter XXVII.) CUSTODIANS, have care fire apparatus subject....444 wages of_______ ___526 uniform........... 533 DEAD, permit for burial of__.__ 552 body not to be removed without permit____551 animals to be removed and buried___549, 697 DEBT, not to be incurred_____p. 10 DEED, mayor to execute cemetery ..... .563 DEFENDANT, if name unknown......... 879 DEPARTMENT OF HEALTH, (see health department.) DEPARTMENT OF POLICE, (see police department.) DEPOT GROUNDS, soliciting passengers, etc., on_895, 896 unlawful to loaf around_ 793 DIPHTHERIA, (see infectious diseases, Chapter XI,) DISORDERLY HOUSES, (see houses of ill-fame)__814 DOGS, owner to report, register of_ 580 registering—tags_ 581 notices to be published___ 582 owner must provide collar___ 583 muzzling_ 584 running at large_.__ 585 impounding of___._586 marshal to employ assistants ._____587 redemption from pound, destruction of_ 588 record of impounding___.__ 589 lost tag..___ 590 deception or interference with.-__591 on owner’s premises__ .__ 592 in heat not to run at large_..___ 593 barking and howling, nuisance...__ 594 fierce or dangerous, at large______ 595 of non-resident not included__ 597 encouraging to fight_ 829 DOORS, of public halls to swing out_ 657 DRAINS, permit to construct and plan_ _423, 598 plan of construction_ 599 constructed under direction of street superintendent_600 use of private, compensation.._____601 permission of council required ____602 penalty__ 603 discharge of noxious matter into_ 604 discharge of steam into_..___605 obstructing with solid matter____ 606 protection of openings_ 607 within building by licensed plumber_966 DRAM SHOPS, (see licensed saloons)_Chapter XLV and 209 to 214 DRAYMEN, (see hackmen and draymen.) DRIVING, fast, penalty______ _ 912 12 TNDEX. DRUGGISTS, permits to sell liquors_____ 746 must give bond.........746 to have prescription of application.... 747 to keep registry of sales.______ 748 penalty........749 fee for permit.......750 DRUNKENNESS, public........ .... 818 DYNAMITE, transportation of and storage of___ 622 concealment of_______628 negligence in relation to______624 amount to be carried at one time___624 ELECTION, annual_ 48 of city officers____ 49 polls when open___•__49 a who entitled to vote____ 50 wards_ t _ 51 aldermen at first classified_’_ 52 minority representation__ 53 aldermen under minority plan___54, 54a ' place of notice______ 56 manner of conducting____•___ 57 result—tie___ 58 notice to persons elected or appoints d_ 59 when no quorum in office, special election_ 60 special elections...__ 61 of police magistrate__ 273 contest of alderman..‘_ 610 city council tribunal of contest___ 34 statement to be filed with city clerk_610 copy to be served upon opponent_611 procedure._ 612 limil of time for taking proof_613 testimony to be filed—referred to committee_614 when election void_ 616 ballots to be opened and recountecbin contest_615 general provisions_____...289, 290 ELECTRIC WIRES AND POSTS, injury to......786 light poles, etc., posting bills on prohibited_,___ 789 EMERGENCY, power to borrow money in__ 90 ENGINEER, CITY, council may provide for..... 73 report of fees, etc_^_...._ _86 salary....±____86, 374. 526 to be appointed by mayor_ 367 must deliver books, etc....—.869 pay over moneys______ . 371, 379 refusal to pay over reported____372 liable for omission of duty_____•_ 878 fraudulent certificate by_______•_ 381 may demand fee ______ . •.382 duties of_.-- ------ ......417 to establish grades, superintend public works, etc.. 418 to inspect material, etc., when required__—.— 419 keep plats, grades, boundaries, etc.....— 420 employ necessary assistants.....421 INDEX. 13 make surveys and pay fees to treasurer....422 issue permits connecting private drains with public.423, 598 verify plats.-.........1. 424 make annual report.........425 bond of.........525 control of house numbering_712, 713 not to be molested___.»---830 notice by to railroad company....892 builder must get line of street from_ 918 may aid in establishing parkways_931 plumbing inspector, his power and duties as such...967 to 970, 972 plumbing, etc., tested in presence of___994 final test made in presence of_____997 ENGINEER, R. R., not to obstruct street__ 888 limit of speed_______889 shall not sound whistle except___891 ESTIMATES, city clerk’s annual......104 superintendent of streets annual____496 superintendent of waterworks anuual_104 city marshal annual_ 467 ESTRAYS, clerk post notice of_ 542 proceedings against_ 545 EVIDENCE of ordinances, ordinances to be_64, 65 certified copy of record_ 82 records, how certified__ 215 sworn copies_217 reputation, house of ill-fame sufficient_ 801 EXCAVATION, in streets_ 915 EXHIBITIONS, license for___718, 733 EXPENDITURES, not to exceed appropriations_ 90 not to be made without appropriation_ 91 EXPLOSIVES, (see Chapter XXXI.) FALSE ALARM OF FIRE_ 439 FALSE PERSONATION OF FIREMAN_..._436 FARES, (see hackmen and draymen.) FARMERS AND GARDENERS, sales by..._229, 721, 733 FAST DRIVING, prohibited-911, 912 FEES, not increased nor decreased during term of office_ -pp. 9, 10, Sec. 86 to be reported to mayor__ 86 police magistrate and justices_ 219 of town collector_ 220 of county collector_ 221 of oil inspector_ 526 of health officer and board fixed by council_526 of inspector of weights, etc._ 512 of weighmaster_ 526 of city officers for permits, deeds, records and oaths_382 for burial of dead_ 556 for removal of bodies_ _ 556 14 INDEX. for license, (see licenses.) for surveys_____... 422 of hackmen__ 681 of draymen_ ___685 of plumbing - inspector_____969 FENCE, may be destroyed when_442 FENCES, etc., not hitched to_____ 930 line obtained before build ng_ 918 hedge or wire—not within five feet_918 FIGHTING, etc_ 812 FINANCE, fiscal year__88. 360 annual appropriation ordinance_ 89 limitation, emergency, borrowing money___ 90 contracting liabilities limited__ 91 duties of treasurer_ 92 separate accounts, by treasurer_ 93 treasurer shall give receipts____ 94 treasurer render monthly statements, warrants, etc_ .. 95 treasurer deposit funds separate_ 96 treasurer’s annual report, publication__ 97 warrants how drawn_*____ 98 special assessment fnnd, kept separate_„_ 99 duties of collector_,___ 100 collector shall report, publication_ 101 collector not to detain money, penalty__ 102 books open to inspection, paying over money_ 103 duties of comptroller_ 104 council may define duties of comptroller, trans er of clerk’s duties_ 105 record of bonds issued bv city__ 106 council may require further duties_ 107 appeal to finance committee_ 108 committee to be appointed_ 391 committee meet annually before April 15, examine reports ... 396 FINES, paid to treasurer___ __ 67 how recovered_•._ 68 oil inspection, how recovered_ 254 (see penalties, etc.) FIRE ARMS, (ses Chapter XXI.) cartridges, loaded shells, license for_617 discharging cannon, gun, etc., prohibited_626 firing toy pistol, torpedo, except, etc___627 selling gun, pistol, etc., to minor prohibited..._628 FIRE COMMISSIONERS, (see Chapter XXXIII.) FIRE DEPARTMENT, tax insurance companies for_ 714 established—how constituted_426 fire marshal shall control, annual report.._•_427 may prescribe limits at fire_... _428 shall investigate fires, keep record___ 429 general duties of assistant fire marshals_,_^_ 430 firemen divided into companies, number of_431 companies may adopt rules_ 432 duties of companies in case of fire___433 exempt from labor and jury duty_ 434 INDEX. 15 penalty for obstructing hydrants.... 435 unlawful to personate firemen at fire .......436 every person must obey fire marshal at fire—may arrest_437 fire marshal may require aid of licensed teams_438 false alarm of fire---439 no one may offer hindrance at fire___439 shall not injure or interfere with apparatus_439 fire apparatus not to be used for private purposes...440 fire companies and engine, go out of city when_441 may tear down and blow up buildings, etc._442 penalties___443 custodians, their duties.__I_444 FIRE LIMITS, what are_ 629 building prohibited except as provided___630 fire marshal to grant permits on application_631 how buildings shall be constructed_632 how chimneys shall be built___633 wooden buildings not to be repaired or removed. __634 smoke house, etc., to be of stone_ 635 certain buildings may be wood___636 shelter sheds may be of wood when___637 penalty for violation of chapter_638 roofs- 639 damaged building may be condemned___640 arbitrators may be chosen, fees of and proceeding_641 to 645 FIRE MARSHAL, powers and duties__Chapter X to be notified of location of explosives_ 625 salary- 526 bond- 525 FIRE PIPES, may be permitted___ 955 FIRE PROTECTION, fire commissioners constituted....649 duties of board_ 650 enforcing orders of board_ 651 penalty for non-compliance with order___ 652 inspection of chimneys and flues_ _ 653 examination on complaint__654 fire escapes on certain buildings_656 chairs not to be placed in aisles___657 doors of halls, etc., to swing out___657 fire extinguishers required_ 658 firemen at theaters_ 659 stairways in public halls_660 exits in public buildings. 661 stairways in hotels and lodgings_ 662 lodging rooms to have rope _____663 nightwatchmen in hotels_ 664 care of ashes_665 care of straw and light conbustibles___666 careless use of fire ______667 penalties_ 668 FIREMEN’S RELIEF FUND.._____714. 717 FIRE WORKS, ('see fire arms, etc.) not to be set off or exploded, except_____ 627 INDEX. 16 FISCAL YEAR, defined..__.1. 88 fixed.............. 360 FISH, unwholesome prohibited _________692 FLAGMEN, may be required at crossings___ 285 shelter for.............285 FOOD, (see health.) FORNICATION, (see houses of ill-fame.) FOWLS, at large.......538 FRANCHISES .....pp. 253 to 258 FRAUDULENT, certificate by city officer.....381 FRAUDS IN WEIGHTS AND MEASURES........ 514 FRUIT, not to be sold in wine measures.....514 GAMES, licensed, (see Chapter XLIV.) in dramshops prohibited_ 766 in public places_ 839 GAMING, unlawful to keep device or place for__ . 823 nnlawful to engage in___824 possession of implements prohibited_ 825 frequenting gaming houses____826 place kept for, nuisance. 855 GARBAGE, (see scavenger.) GAS, pipes, laying must petition for___222 GASOLENE, NAPTHA, ETC,, unlawful to keep more than two barrels_ ... 669 not more than one barrel above cellar_670 not to be stored in front of building, etc.___671 city council may permit more to be stored_672 to be sold by daylight only___ _673 penalty_ 674 GATES, not to be swung over walk___ 929 GRADES, on public square..__ 675 of streets_ 676 GRAVES, depth of._570 not to be dug in street or alley____572 opening of_ 573 digging in lot without authority....572 GUN, PISTOL, etc., not to be discharged:___626 GUNPOWDER, sale and storage of___617 sign to be shown, sales after night.....618 concealing.... 619 transporting- 620 manufacturing of_ 621 transportation of dynamite, etc......_ 622 concealing powder or explosives_ 623 negligence with relation to____ .._624 notify fire marshal where stored...... 625 removal in case of fire ......625 sale of, license fee______ 733 INDEX. 17 GUTTER, not to be obstructed....791, 914 HACK at depot must have placard showing charges--895 HACKMEN AND DRAYMEN, shall carry passengers and goods_677 responsible for baggage, etc..-- 678 shall wear badges_ 679 licensed vehicles to have numbers.-__680 hackmen’s charges fixed..----681 lost articles to be delivered to police by___682 drays to have name and number------683 hacks and vehicles carrying passengers to fair grounds, etc. _ 684 draymen’s charges fixed.....685 this chapter to be posted in vehicles___686 penalty for overcharge_____687 drayman defined- 730 hackman defined_ 730 drayman’s license fee----- 733 hackman’s license fee--- 733 HAND BILLS, must not be posted where_ 789 annoyance by distributing__ 839 HAWKERS, prohibited. 732 HAY, (see wood and coal.) stacking in exposed place ___ 666 HEALTH, ordinance may be enforced outside of city__ 44 offensive water and other liquids_ 688 garbage not to be thrown in privies...... 689 privies, where and how built___690 privies, foul to be cleaned____691 unwholesome food not to be sold_.......... _ 692 calves, pigs, etc., age of___693 swill, milk, skimmed, watered, etc.___694 inspection of meats, etc__ 695 cattle to be kept in wholesome places_ 696 dying or diseased animals to be removed___697 no building used so as to create nuisance.... 698 penalty- 699 HEALTH DEPARTMENT, established, how constituted, appointed 445 mayor and clerk, president and secretary ex-officio_446 meetings of_ 447 quorum__ 448 powers of board____...449 to 451 orders of, how executed_ 452 may order police to inspect streets and premises_452 premises to be kept free from filth, how removed..453 physicians to report contagious diseases____454 seclusion of person infected with contagious diseases..455 notice of—tearing down__ 455 health officer may compel vaccination.... 456 penalties_ 457 health officer to call meetings____458 board to keep correct accounts and make reports__459 compensation of members________526 health officer’s bond__ 525 unlawful to inspect or examine houses of ill-fame_ 225 board may inspect butcher shops, etc.___695 18 INDEX. HEDGES on street line.,.....'.918 HORSES, (see animals Chapter XXV.) etc., frightening_______ 785 aid of required to draw fire engines___438 fast driving prohibited__ 911 racing.._ 912 standing uuguarded or unhitched_ 907 diseased to be removed_ 697 not to be on siddwalks...____904 not to obstruct cross-walks_____904 not to be hitched to feed where______ 909 not to be driven or lead on parkways, etc.__930 HOSE, wilfully throwing water from ..___811 injury to.. 439 size of—leaky prohibited......954 HOSPITAL, public, city may contribute to....R. S. '99, p. 252 HOTEL RUNNERS, at depot..-—...893 to 896 HOUSE MOVING, must obtain permit..._...700 route of removal designated.....701 work diligently prosecuted______ 702 injury and obstruction from_____703 notice of daily progress_______ 704 bond required _______ 705 penalty_ 706 HOUSE NUMBERING____707 to 713 HOUSE OF CORRECTION, maybe established___223 HOUSES OF ILL-FAME, power to suppress__(Cl. 45) 62 unlawful to license_ 225 keeping prohibited__..._ 797 renting buildings for.._ 798 inmates---.-.'......799 enticing females to enter_...____ 800 declared a nuisance..__ ____855 abatement of_ 856 HYDRANT, wilfully throwing water from_ ___811 injury to___ __Chapter LVIII, ICE, (see health.)__________ _728 ILL-FAME, houses of (see houses of ill-fame.) IMPRISONMENT, term not to exceed s ; x months.... 68 none without trial by jury or waiver in writing_ 226 IMPROVEMENTS, made by general and special tax, special assess¬ ments, etc., for..________ _116 INDEBTEDNESS, cannot be released by general assembly....p. 9 private property not liable for_p. 10 not to exceed 5 per cent, of valuation_. .._ r .p. 10 INDECENT, conduct, dress, language___802, 803 pictures, books, etc______804 writing or drawing, etc________ 796 place performing, etc.____805 display of animals..........796 INDEX. 19 INFECTIOUS, diseases (see contagious diseases.) INJURY, to Are apparatus_____439 other city property_______439 private property........786 to 788 property in cemetery_______ 571 public property______786 to 788 INSPECTOR, MINERAL OILS, appointment and term__247 oath and bond________248 to test______249 test, casks marked, not to trade in...250 keep record_______ .. 251 misconduct of, penalty_____252 sales, etc., illegal without inspection ...__253 fines how recovered and disposed of____254 oath and bond of......460 INSPECTORS, PLUMBING, (see engineer and plumbing.) not to be interested in plumbing_____967 to have authority of policeman_ 967 shall have access to building__..__968 shall report defective plumbing to mayor____968 shall inspect plumbing, etc., when requested-_-969 fee for inspection of_ 969 to see plumbing, etc., tested...994 to 997 INSPECTOR OF WEIGHTS AND MEASURES, office created .... 367 duties of________506 to 509 not to sell weights and measures__ 510 inspection but once a year, except.___ 511 fees of inspector________ 512 all weights and measures to be inspected___ 513 penalty for using weights and measures n»t inspected_515 penalty for hindering inspection.__516 clerk to procure standard____ 517 INSPECTION of cattle, meats, milk, fish, fruit, vegetables, etc_695 INSURANCE, tax on foreign companies_714 to 717 INTEREST on warrants_ 334 INTERFERENCE with police.._A..439, 817 INTOXICATING LIQUOR, supplying to prisoners_ v __886 see licensed druggists. see liquors, unlicensed sale of see saloons. see wholesale liquor dealers. ITINERANT MERCHANTS, license fee_ 733 who are__ 731 JACK, indecent display of_ 796 braying of_ 849 JUDGES OF ELECTION, how appointed _ 56 may appoint clerks to fill vacancies_:___ 57 to make returns_ 57 JUDGMENT, provide for payment of___ 90 by default, etc_880, 882 *20 INDEX. JUNK DEALERS, license fee..__733 defined-________872 not to purchase of minor, etc._. _1__876 JURISDICTION, of council_____44, (Cl. 45) 62 of justices in city cases____69, 69*, 273 JURORS, inhabitants of city competent___ 174 JURY, no.imprisonment without, unless waived .1_226 JUSTICES OP THE PEACE, jurisdiction_69, 69*, 273 jurisdiction in oil inspection cases__254 keep docket of city cases____ 877 report monthly to city clerk__884 pay fines into city treasury___ 884 fees and compensation_____ 526 LABOR of persons on streets_68, 883 penalty for refusing - to labor_ 883 on streets, council may require __71* condition of__■__ 71* list to be made by clerk when____412 superintendent of streets to direct, collect for, etc_495 LAMPS, injuring - or exting-uishing_-__-_ 826 LANDMARKS, removal of prohibited__ 830 LEWD CONDUCT-.-_ 802 LEWD PICTURES_,_.. 804 LEWD PLAY__’__805 LICENSES, business requiring_ 718 applicant_____719, 736, 746, 752 759, 775 liability of emp'oye or clerk______:_ 720 farmers, gardeners, etc., exempt___ 721 duration of license_ 722 good moral character, advance payment, signed by clerk and mayor_ _:_ 723 of partners_,___724 subject to ordinance, transfer, at only one place_ 725 mayor decide application, revocation, appeal _726 does not permit obstruction of streets, etc__ ___ 727 peddler must use sealed weights, etc__ 728 auctioneer defined_ 729 hackman defined_ 730 drayman defined_ 730 itinerant merchant defined_ 731 hawkers prohibited_ 732 fees for several businesses, etc_ 733 to saloons____758 to 774* to druggists_746 to 750 wholesale liquor dealers__—,— 775 to 778 may be revoked___— 726, 757, 762 may be suspended_ 762 for dogs___580, 581, 590 not to be granted for longer term than one year_ ----- 722 expire when---722, 738, 746, 761, 775 mayor decide on applications for_ 726 collector’s receipt for fee----— r -- 723 INDEX. 2L LICENSED CIGARETTES___736 to 745 LICENSED, DOGS to be__ 580 LICENSED DRUGGISTS, permits for sale of liquors may be granted___ 746 to end first Monday of May_ 746 permit only for sale for medicinal, mechanical, sacramental or chemical purposes_____,_746 bond to be given, conditions_ 746 no liquor to be sold except for medicinal, etc., purposes___747 none to be delivered except at place of business__ 747 not sold to be drank upon the premises___,___747 must have written prescription or application_-_'_747 book of sales to be kept_ 748 penalty for violation_ 749 license fee_ 750 LICENSED GAMES_751 to 757 enumerated and license required_ 751 application for to be made to council__ 752 how granted and used_ 753 fee for billiard tables, etc_,___754 boys under 18 not to play or be in__ 755 good order kept__:_,_756 LICENSED SALOONS, (see saloons.)_,_758 to 774 fee in advance__ r _211, 723 LICENSED WHOLESALE LIQUOR DEALERS, no license unless vote in favor of__._ _____ 775 licensefee._____1________776 applicant to give bond_ ______ _ __. __ ._ 777 not to sell in less quantities______ 778 no delivery except at place of business___ 778 not to be drank upon the premises or place of public resort-._ 778 not to be sold to minors nor inebriates. ---- _____ __ 778 - - - . l : ... LIENS FOR PUBLIC IMPROVEMENTS...___228 for water rents_ _____959, 960 LIQUOR, unlicensed sale of prohibited :__779 to 782 LIGHT, injury to gas or electric ______826 interferance with signal__826 LIGHTING STREETS, tax for_____312 LOCOMOTIVES, (see railroads.) LOST WARRANTS, issue of duplicates, etc_ 499 MAGISTRATE, to commit prisoners_ _ 68 MAILING BOX, injury to ___ 786 MARKETING PRODUCTS, farmers, etc., may__229 MARSHAL, CITY, commissioned___76, 370 conservator of the peace, powers___ 83 compensation and how paid____86, 374, 526 semi-annual report to mayor__ 86 devote his whole time to city, general duties_237, 463, 464 to be appointed, term of_367, 368, 462 Of) INDEX. deliver books to successor...369 pay over moneys and report to council____371, 379, 464, 466 failure to pay over reported.......372 books subject to examination.....375 leave of absence, how obtained.....377 liable for omission, etc., of duty___378 false or fraudulent certificate by ____381 not to be hindered in performance of duty_439, 817 notice by board of health to be served by __451, 452 attend meetings of board of health___452 abate nuisances and examine streets as directed by board of health.__ 452 arrest persons violating sanitary regulations_452 notice, etc., to owner of offensive premises_453 care of patrol wagon and horses____465 make annual estimate of expenses,.-_467 bring criminals to justice_ 469 police under direction of__470 arrest offenders with or without warrant_472 may call aid__1__472 direct travel and movement of persons and teams_ 473 attend fires.___ 474 penalties for negligence__ 475 bond of_525 uniform of_ 529 to provide pound for animals___539 shall take up animals_540 leave description thereof with clerk_ 542 animals taken up by, care for___ 543 redemption of animals from____544 animals not redeemed, complaint before magistrate_ _545 fees for taking up animals, care of, etc._543, 546 may employ assistants in taking up___ 547 monthly report to council of animals taken up___548 shall enforce curfew ordinance ..._ 579 take up and impound dogs ___ _ 586 may employ aid in doing so___587 destroy dogs not redeem* d__588 keep record of dogs impounded_ 589 notice of fire department served by_ 646 notify owner of offensive privy_ 691 may inspect druggists books_ 748 to abate nuisances ___452, 851, 852, 853, 856 keeper of city prison______ 886 notify owner of unlawful awning_____917 enforce ordinance relating to heavily loaded wagon___924 MAYOR, qualifications of, term_ vacancy in office, how filled_ mayor pro tem_ vacates office by removal_ preside in council, casting vote_ when may remove officers_ power to keep the peace _ release of prisoners__ general duties..; .... power to examine records, books, etc. message to council_... 14 16 17 18 19 _.... 20 __21, 237 _ 22 _ 23 24, 100, 103, 375, 875 _ 25 INDEX. ■a. 23 power to call out militia.... 26 misconduct in office, penalty... ‘27 not to be interested in contracts___33, 78, 239, 335 may call special meeting- of council__ 45, 393 may veto ordinance and items therein_ 46, 231 passag-e of ordinance over veto_ 47, 232 election of when_48, 49 may appoint time for special election—when.__ 60 to be elected_ 72 to appoint officers—when_74, 247 bond and oath______ 75 not to hold other office_____ 80 conservator of peace__ _ 83 compensation of- .84, 526 officers to report fees, etc., to____ 86 may administer oaths. 87 warrants on treasury must be signed by__98, 408, 497 may determine when vacancy exists in office___244 to appoint board of examiners of plumbers in cities of 10,000 and over.. 257 may prohibit use of public building unless... 276 convey real estate, when___ ___ 288 may rebate tax when property destroved...... 309 may provide map when territory is added_... 326 notify delinquent officers...... 373 sign commissions, etc......76, 368, 383 grant licenses, etc._ 384 supervise conduct of officers_ 385 may grant leave of absence to officers_ 377 appoint officers, fill vacancies____._386 give notice or make demand_..._387 may offer reward_ 388 appoint standing committees_ 391 sign citation for delinquent alderman___394 engineer to report suspension of work to___418 may direct engineer to establish grades _ 418 may permit fire companies to ero r ut of city limits..441 may direct destruction of buildings___442 may remove custodia ns-----444 to appoint health officers______445 ex-officio president of board of health_ 446 to approve bond of inspector____ ..248, 460 member police department__ 461 to appoint police force...... .462 police subject to order of___463 and council supervise care of patrol wagon, etc__465 police subject to orders of at fire__ ___ _474 may direct crossings to be cleaned_____488 orders of to superintendent of streets obeyed_490 street superintendent to deliver implements to..493 water superintendent may with consent of, discharge em¬ ployes _ 501 water superintendent to deliver implements to_ 505 not to be accepted as surety on bond to city_ _524 bond of_________525 salary of_______526 and marshal to provide pound for estrays_ 539 and marshal to provide a-sistants_ 547 24 INDEX. to execute cemetery deeds,.....5153 to 566 permit for burial of non-resident..569 may prohibit dogs running at large.....584 or city council to provide dog pound___ 586 complaint made to, of dog howling, etc.__594 permit by to store or convey explosives__ 622 permit to use fireworks by______627 member of board of fire commissioners____649 permits by for house moving..---...700, 701, 705 may revoke licenses....725, 739, 757 decide upon applications for certain licenses...726 may grant license for sale of cigarettes___ 736 to approve druggists bond.........746 may examine books of druggists....748 saloon licenses to be signed by____761 may suspend saloon license____762 may temporarily close saloons, etc__773 may present copy of ordinances____870 acting mayor, powers of mayor...... 868 permits by to sell on streets and sidewalks____906 permits by for building material on street...__... 914 permits by for excavations in street_____ .915, 922 permits by for auctioneer on street..__ r _928 tapper, appointment by_____ 956 may by proclamation limit or susp;nd use of water_ 964 approve bond of plumber....966 notify owner of inspected premises of defective plumbing_969 MEAT, (see health.) inspector of________ 695 MEETING, council to prescribe time and place of ___ 37 vote not to be rescinded at special___ 42 special, how called, etc.______45, 393, 394 clerk to attend all of council___ 8L of city council____ 390 MENAGERIES or circus, license fee - 733 MERRY-GO-ROUNDS, license fee____ 733 METER, when required, rates and advance for__958 injury to...--_---787, 962 MILK, sale of unwholesome, etc., prohibited__694 may be inspected_______ 695 MINERAL OILS, (see Chapters XXII and XXXIV—inspector of.) MINORS, not permitted in cemetery grounds alone __ 575 under 18 not allowed to frequent billiard rooms__ 755 sale of cigarettes, cigars or tobacco to, prohibited ..745, 832 sale of liquor to, prohibited...-------767 MINORITY REPRESENTATION___53, 54 MISCONDUCT, liability of officers for.... 378 MISDEMEANORS, not to labor on or to keep open places of busi¬ ness Sunday...___'....783 killing birds and squirrels prohibited .....784 exhibitions attracting crowds, etc., frightening horses or in¬ terfering with travel_i____ _ 785 INDEX. in jurying - poles, posts, wires, pipes, etc...786 destroying or mutilating posters, etc... 787 general trespass forbidden_ 787 injury to trees, etc______788 posting bills without consent.....789 depositing rubbish, decayed fruit, etc., in streets..790 obstruction of gutters,.sewers, etc...791 bananna skins, etc., on sidewalk.....792 lounging in public places....793 obstructing entrance to hallways, churches, etc. 794 vagrants, who, punishment... 795 cheats and swindlers. ...795 night walkers, etc....... _ 795 indecent writing, drawing, etc_ 796 indecent exhibition of stallion, bull, jack, etc.__.. 796 ill-fame or disorderly house.......797 leasing premises for use as house of____ 798 inmate of bawdy house or of assignation_ 799 enticing females to enter______800 evidence to establish house of ill-fame___ 801 lewedness—words or act_ 802 profane or obscene language or disorderly conduct.... 803 obscene publications, implements for immoral use__804 lewd plays or performances_ 805 cruelty to animals_ 806 fraudulent medicines_ 807 poisonous medicines_______ 808 ■disturbing religious or other assembly.___ 809 disturbing the peace by cursing, fighting, ringing bell for auctions, etc__ 810 throwing water upon persons or premises_ 811 fighting or challenging to fight, etc_ 812 getting on cars, sleighs, etc...___813 permitting disturbance on premises_ 814 aiding in riot, and disturbance, annoying citizens, etc._815 lotteries, etc., setting up or maintaining_ 816 refusing to aid officers .......817 resisting officers, rescuing prisoners. 817 drunkenness _ 818 drinking liquors in public or private places...819 allowing persons to drink ^_______ 820 swindling, cheating, etc_ 821 gambling devices kept.........822 gambling _ 823 possession of gaming instruments_ 824 inmates or solicitors of gambling houses__825 removing or extinguishing lights.....826 injuring bicycles by tack, glass, etc,.......827 carrying concealed or dangerous weapons... 828 encouraging dogs to fight......829 hindering officers, removing stone or stake, etc_830 burning stable refuse and rubbish........ 831 selling or furnishing tobacco or cigars to minors ..832 persons with infectious disease appearing in public ..833 persons attending patients appearing in public__834 offensive or unwholesome business..835 annoyance by peddlers.......836 annoyance by hand-bill distributors___837 2fi INDEX. keeping- more than two swine in pen or near square ..838 sports, plays and school grounds .....839 improper use of telephone.. 840 MONEYS, collected on account of city paid into city treasury_371 MUNICIPAL YEAR, defined........176 fixed.........359 NAME, change of....:...... 234 NIGHT, bicycles not to be ridden without light....910 trains running at..... 890 walkers, females, etc......795 saloons shall be kept well lighted at___764 NON-RESIDENTS, not to act as deputy sheriffs, policemen, etc._235 sick with contagious disease, notice to supervisor__451 NOTICES, of general election________ 56 to officer when elected or appointed__59 of special elections_____ 61 annexation of territory to city___321 mayor to give........387 for special meeting of council____393 clerk to issue__________407 to supervisor by board of health____451 city marshal to serve____452 to railroad company about crossings___892 NUISANCES, pig pens, stable, etc_ 811 filthy, foul or offensive matter, cesspool, etc_ 842 . vehicles loaded with dead hogs_-.843 noxious weeds___ ____844 dilapidated buildings...... 845 unsafe buildings......... 846 slaughter houses, etc_ 847 tallow chandlery, offal, rendering, etc._____848 jack, horse, dog, etc., braying, kicking, etc. -- ----- -849 committing a nuisance_ 850 abatement of.__ ._851 abatement by police_ 852 abatement without notice_____ 853 keeping rags in store__•__ 854 unlawful sale of liquors_ 855 gambling _ 855 bawdy house, etc. ..........855 abatement of gambling rooms, etc___ 855 bond for reopening_ 856 statutory and common law nuisances_-...857 NUMBERING HOUSES, Chapter XXXIX___707 to 713 OATHS, to be taken by officers---p. 9 of all city officers____—-- 75 to be filed with clerk_______ 75 mayor and clerk may administer____ 87 refusal or neglect to take, vacates office--243 OBSCENE language in public_. __803 publications, pictures, etc_ 804 or lewd plays.„ __----- .805 writing or drawing..,-----796 INDEX. 27 OBSTRUCTING OFFICERS......817, 830 by standing - teams, etc. .... 904 OFFENSIVE business prohibited____835 premises.......841 OFFICERS, term of not to be extended after election_p. 9 fees or salary of not to be changed during office_p. 9, 86 245 who ineligible_______pp. 9, 10 how removed and restored ...... 20 misconduct of_ 27 not to be interested in contracts.....33, 78, 239, 335 not to act as attorney to procure..239 what to be elected......49, 72 council may provide additional ones .. 73 appointments, vacancies, etc_ 74 oath, bonds______75, 535 commissions of-__ __76, 369, 370 qualifications of. 77 bribery, penalty______79, 239, 240 not to hold other office......80 238 conservators of peace. 83 must report fees, etc........ 86 contracting liabilities limited_ ; ______ 91 release of sureties on bond of_..___ 197 failure to give new bond—effects delivered___ 199 resignations of elective______ 242 when office becomes vacant._____243 duty of sheriffs, marshals, policemen, etc____237 enumeration of city officers....... 367 elective and appointive____...__ 367 terms of office......368 council may require new bond of______ 369 to deliver to successor all property, books, etc,..369 mast turn over moneys____371 proceedings in case of default__372, 373 salary to be paid monthly._____374 records open to examination_ 375 manner of keeping accounts____376 leave of absence_ 377 misconduct of, liabilitv for loss______ 378 neglect of duty, council may employ substitute..378 to make annual report_ 379 settlement of accounts_ 380 fraudulent certificate by___L... 381 fees of for deeds, permits, etc., for use of city_382 OFFICIAL BONDS, officers to give conditions of_ r _._ no city officer surety on_ amounts of_ 522 523 524 :V>3 OILS, MINERAL, inspection of__247, 254, 460 penalties for selling without, etc- 253 ORDINANCES, mayor to see that they are executed_ 1 __ _ 23 police to see that they are executed_..._469 vote required on passage of__ 41 yeas and nays to be taken_______._ 41 approval, veto_1... —-- 46 INDEX. 28 to be deposited in clerks’s office____40 reconsideration, passing - over veto_ __ 47 style of.......... 63 publication of, when take effect____ 64 proof of_ 65 suit for violation of_66, 68 jurisdiction of justice on_ 69 to be recorded_ 82, 858 evidence of passage of____ 82 annual appropriation ordinance_ 89 levying tax.._ 111 sidewalk ordinance_294, 295 mayor’s bill concerning_ 231 arrest and imprisonment for violation of_ 68 annexation ordinance to be recorded_326 disconnecting ordinance to be recorded___330 to be drawn by city attorney____402 proof sheets of newspaper publication preserved_859 ordinance repealing a former one_ 860 where same offense may be punishable by different sections ... 861 construction in regard to minimum and maximum tines_862 all apply to the city of Monmouth, except_ 863 rights and liabilities under and after repeal_864 witness not subject to tine_865 general construction of_ 866 construction of, general terms and phrases_ 867 power rested in acting mayor, in marshal_ _868 where no penalty is provided___869 bound books of ordinances to be deposited with clerk, mayor and council may deliver_ 870 repealing clause of this ordinance_ 1000 special ordinance, etc., no repeal_1000 time of passage of this ordinance_1001 special, see____ pp 253 to 258 ORGANIZATION OF CITY, courts to take notice of,_ 6 PARKS AND PARKWAYS, (see streets, etc.) PAUPERS, sick with contagious disease, notice to supervisor_451 PAWN-BROKERS, license fee_ 733 defined_ 871 duties of_______874 to 876 shall not receive or purchase from minor, person intoxicated or thief_ 876 PEACE, breach of__810, 815 PEDDRERS, license fee_ 733 annoyance by_’__... 836 PENALTY, for misconduct of officer_ ordinance imposing to be published_ suits for recovering_ for bribery, etc- foreign insurance companies_ general where none specifically provided see misdemeanors, nuisances, etc. PERMITS, plumbers.must have__255, 259 must have for sewer connection_423, 598, 599, 601 ..: zi _ 64 66, 68 ... 79 .... 110 ... 869 INDEX. 29 tire company, to go outside of city____441 superintendent of streets may grant, when_,_491 for burial..-..551, 552, 554, 555, 569 to plant shade trees in cemetery ....571 minors not allowed in cemetery without__575 explosives not to be stored without_-_-_ 622 fireworks shall not be set off without_ 627 must have for building within fire limits__ 631 for storing gasolene, etc---669, 670, 672 house not to be moved without_..._700, 701, 705 druggists_ 746 for vaults under sidewalk_898, 899 for sale of fruit, etc., on sidewalk and street__906 for using street, etc., for building material_ 914 for excavations in street_ 915 for auctioneer on streets_ /. __ 928 to tap distributing pipes_ _*_... 937 for water connection__ 938 for alteration, etc., in tap pipe, etc_ 944 for furnishing other families with water_.... 947 turning water into service pipe__ 949 for use of water for sprinkling, etc.___ 957 PETITION of property owners to lay gas pipes, string wires, etc... 222 PHYSICIANS, to report infectious diseases _ 454 PICTURES, obscene_ 804 PLATS, laying out towns, additions_ 262 certificate of surveyor, acknowledgment_ 263 penalty for selling without recording_536, 266 vacation of_267 of part__268, 269 additions must be platted_ 535 of grades, etc., kept in engineer’s office_ 420 to be verified by engineer__ _ _424 PLUMBERS, (see water department, plumbers.) shall be licensed_ 718 mayor to decide on application_ 726 license fee_ r ._ 733 must have state certificate______966 must give bond_ 966 penalty_ 966 PLUMBING, engineer to be inspector of_ 967 engineer to have authority as policeman_967 engineer to issue permits_ 970 or drainage plans submitted to engineer_599, 970 to be examined for leaks__ 972 iron pipes may be used when___ 973 size and material of soil pipe_974 waste pipe, size, etc._ 975, 976 waste pipe to have strainer_ 977 iron pipe, quality and weight____ 978 traps, clean-outs and supports_ 979 connections with fixtures_ as.. 980 offsets, horizontal pipes, recesses and joints_981 Durham system_ 982 t 30 INDEX. separate trap, distance and clean-outs__-_ 983 grease traps. ....._______984 syphonage and ante syphon traps._985 revent pipes___ 986 revent pipes, quality and material___987 rain water leaders__ 988 subsoil drainage________989 floor and area drains __ _____990 fixtures not to be boxed in_____991 water closets_ 992 outside water closets_ 993 to be tested_994 to 997 sewer connections and cesspool_998 pipes for future use___ 999 POISONS, sale of_.....___..._808 POLICE, removal of by mayor_...___ 20 power to make arrests, conservators of the peace.._ 83 non-resident not to be special ______ 235 to serve notice, etc., from board of health___452 department established_ -161 appointments_....’__462 special police, appointment, powers and fees of.-..... 462 duty of police sergeant to assist marshal_468 sergeant have same general power as marshal __468 duty of police to discover and bring criminals to justice_... 469 powers of policeman same as city marshal ..-____: 469 under direction of city marshal, or sergeant.___479 must wear star ...__....__462, 471 to arrest offenders.._____..._472 may require assistance_...___._472 may direct travel, persons, teams, etc._..._473 to attend fires__ ----- ____474 penalty for neglect of duty __475 bond of______525 uniform____..527 to 532 salary of policemen____ __ 526 shall take up stray animals _______540 fee for__._546 ■ take up and impound dogs__586 refusal to aid_..._ _ ___817 obstructing policeman_____817, 830 false personation of officer__ 830 improper conduct towards prisoners___886 have charge of the city prison._... _ 886 proceedings when arrests are made.......880 may take security....*.•_:__ 880 see marshal. POLICE MAGISTRATE, election and term..... 273 shall keep docket____877 no suit to be dismissed for informality...,.... 878 where defendant’s name unknown___ j._. ___ 879 judgment by default, etc,...----- 880 when complaint is malicious....... 881 ^rm of judgment___:—.... 882 shall make monthly report___ __884 pay to treasurer fines collected__—..884 INDEX. 81 PORTERS AND RUNNERS at railway depot.....8011 to 896 POUND, to be provided for animals.__. r . ....539, 586 PRISON, CITY, location of______ 885 marshal, etc., keeper of_____886 expense of keeping-.......__887 PRISONERS, release of by mayor___ 22 release on special bail by policeman_____ 880 may be required to labor on roads and streets..._ 68 PRIVIES, where and how built_.•_... 690 and cesspools, not to deposit offal, etc., in____689 offensive-__._...........___691 cleaning of___..._480, 691 not to be cleaned except....... r ._._479 PROFANITY, public___,___ 803 PROPERTY OWNERS, petition of to lay gas pipe, string wires, etc___.___222 PROSTITUTES, on streets._...._,_ 795 PROVISIONS, when unlit for food....:_..._.....692 to 694 inspection of________695 PUBLIC BUILDINGS, doors to open outwards____ 274 when may be closed-- -----,._276 PUBLIC EXHIBITIONS, license fee__...._733 PUBLIC GROUNDS, riding or driving animals in or through_930 PUBLIC WORKS, aliens not to be employed on..__ _ 195 QUALIFICATIONS OF OFFICERS...._____ 77 RAILROADS, power of council over___ may construct sewers through.._ grant right-of-way only on petition of ... starting trains without signal..'.._ stoning train—penalty_ penalty—engineer or conductor violating llagman—shelter_____... not to obstruct streets.___ ----- __-_282, speed through city________284, bell to be rung, shall keep light on moving train__ whistle not to be sounded except_____ whistle not sounded nor steam to escape, except. ____ shall construct and maintain crossings____278, neglect to make—notice_ ___1..279, failing to construct, city may construct, etc_... .280, only one runner to each hack at depot ...___ runners and porters at depot.......894, 62 62 62 277 282 283 285 888 889 890 891 891 892 892 892 893 895 REAL AND PERSONAL ESTATE, conveyance of..__286 RELEASE of prisoners by mayor__ _______............_ 22 REPEAL of ordinance in force after_...._860 after repeal, rights and liabilities under........._.:.864 REPORT, officer’s annual_____379 (see title of respective officers.) INDEX. 32 RESIGNATION of officers, who made to_____242 RESISTING or obstructing - police ......817 REVENUE, sections state law applicable to city.....292 REWARD for criminal..... .....388 RIOTS, power to suppress...(Cl. 72) 62 punishment for...„...... 815 RUBBISH, depositing - in streets......790 RULES and order of business of council..pp. 259 to 263 RUNNERS, (see porters and runners,) SALARIES, wages, fees.......526 payable monthly. .. ..... 374 SALOONS, license fee payable in advance__211, 723 not to be licensed unless voted for .....758 application for license, proceedings___ 759 bonds by applicant_______760 license fee for.______761 time of expiration of license_____ 761 license for signed by mayor. 761 license for may be suspended or revoked . 762 officers not to be hindered from entering. 762 license for keeping only on first lloor_ 763 only one room to be occupied_____ 764 no obstruction to view of room__‘_764 accessible to police..._ 764 room for must not be connected with other room...... 764 shall be kept lighted at night___ 764 not open on Sunday, nor between 10 p. tn. and 6 a. m__765 no games to be played, nor music in____766 minors shall not loiter in nor liquors be sold nor given to or delivered for __ 767 disturbance in prohibited_ 768 not to be sold to intoxicated person or one in habit of getting. 769 any shift to evade shall be unlawful_____770 in prosecutions need not state kind of liquor, etc. .. _ 771 unlawful to sell after notice by wife or relative...772 mayor may order closed..._____773 penalty . 774 not to sell in quantities exceeding one gallon.... ..774^ SCALES, inspection of_______506 SCARLET FEVER (see infectious diseases and Chapter XL) SCAVENGER, to remove garbage slops, etc....... 476 must provide himself with water tight box or vehicle_477 governed by the board of health......478 no privy vault to be opened between 4 a. m. and 10 p. m.479 must complete work speedily.......479 privies must be cleaned.....480 bond of......525 fees of scavenger_•______526 SCHOOL GROUNDS, games on prohibited, when__839 SEAL, city.—...........361 INDEX. 33 SEALER OF WEIGHTS AND MEASURES, (see inspector of weights and measures.) SERGEANT OF POLICE, (see police.) SET-OFFS, claims subject to_____397 SEWERS, outlet, reservoirs, etc--- 293 tax for___________ 311 see drains. SEXTON, city, have control of cemetery___482 shall keep cemetery in good order_ 482 point out lots for sale and notify clerk when selection made ._ 482 on request of owner to keep lot in good order and dig graves-- 483 to attend every interment and fill and trim graves__483 shall keep register of persons buried_ 483 shall keep walks and avenues in good order___ 483 shall give his entire time to city and may hire help_484 may make contracts for care or improvements of lots, and report bills to clerk___ 484 shall preserve order in cemetery......485 permit by, to plant shrubs, etc._ __571 SIDEWALKS, power of council over_ _ 62 additional mean5 for construction_294 to 299 owner may construct_295 in cas ? owner neglects to construct___. 296 special tax, duty of clerk, report_ 297 general officer to obtain judgment, how_298 when constructed by owner may obtain order_299 incumbering with merchandise_ 897 space under for vaults, permits_898, 899 openings over vaults to be covered_900 when liable for damages__ 901 openings in to be guarded_ 902 water on._ 903 obstruction by standing team_ 904 driving teams or animal over, except_ 904 clothing, goods, etc., not allowed on, except_ 905 permits for sale of fruits, etc., may be granted when_ 906 price of permits___.__906 bicycles shall not be ridden on_____910 building material on___ _ 914 guards and danger signals_____ 914 no excavation in without a permit__._915 excavations to be properly filled__ 916 awnings must be 7 feet over___917 gates swinging over_ 929 SHADE TREES, shall not hitch to_.._____930 SHELLS—loaded, license____718, 733 SHERIFF—may serve city process___.70 SHOWS, license fee_-____.__733 SLAUGHTER HOUSES when a nuisance_ 847 SLAUGHTERING PROHIBITED...__ 847 SLEIGHS, bells on.. r .....913 INDEX. SLUNGSHOT3...-..- 828 SMALL POX, (see health, infectious diseases and Chapter XL) SPECIAL ASSESSMENTS,______11(5 SPECIAL BAIL may be taken .......880 SPECIAL ELECTIONS, power to call_GO, (51 SPECIAL MEETINGS, (see meetings.) « SPECIAL ORDINANCES____.pp. 253 to 258 SQUIRRELS, injury to or killing.___784 STAIRWAYS in public buildings___....660, (5(51 in hotels and lodging houses_... _-_ 602 STALLION, indecent display of___ 79(5 STEAM WHISTLES not to be blown except..........._,_891 see railroads also. STEAM BOILERS, council may provide for examinations, license, etc_ 300 STONING TRAIN, penalty_ 282 STORE, second-hand, license fee_!...733 defined.._ 873 STOVE PIPES, unlawful to use or erect, except__ 655 ' STRAW, stacking in exposed places_1___666 STREET RAILROADS, eminent domain.. ____302 compensation for property_ 303 location of road, consent, notice, damages_304 control of streets reserved, police power.____ 305 STREETS, powers concerning_ (52 labor on ____..... 71 permit to laying pipes and stringing wires in on petition_222 vacation of, three-fourths majority......307 telegraph companies, consent to erect poles in...._317 encumbering with merchandise__ 897 openings in to be guarded______ 902 obstruction by standing team_ r ___ 904 horses, etc., in, to be fastened or guarded___■_907 turn to right_ 908 horses, etc., not to be fed on certain streets____ 909 bicycles, etc., must carry light at night__1 >_ 910 bicycles, dangerous ridding....... 911 horses, etc., fast driving or riding____ 911 racing on streets forbidden______912 sleighs, etc., without bells_____913 building material on .._______914 guards and danger signals ______914 no ex vacation in without permit__915 excavations to be properly filled ____916 encroachments of buildings and fences upon___918 barbed wire and hedge fence within 5 feet of_ 918 protecting from danger by excavation_____ 919 removal of building, etc., encroaching on streets.__ 920 penalty for failure to remove_921 INDEX. 85 closing to travel......922 stone, mortar, etc., hauled in tight box.__923 heavy load without wide tires____' r ..924 encumbrance or obstruction upon..._____925 removal of encumbrance, etc_ 926 setting of shade trees'upon_____927 auction on streets, permit______928 gate not to swing over _J.____ 929 parkways, not to be driven over_.__930 parkways may be established__ 931 fire department and police right of way ___932 sprinkling, how much_ 953 STREET WALKERS_795 SUNDAY, unlawful to labor on or keep open place of business-_783 saloons not to be open on___.. 765 intoxicating liquors not to be sold or given away on_778, 781 SUPERINTENDENT OF STREETS, office may be provided for ... 73 appointed by mayor__...74, 367, 368 commissioned___76, 370 salary and how paid_____86, 374, 526 deliver books and papers__....._369 pay money and make reports ____371, 379 failure to pay over reported_._._ 72 books of subject to inspection___...._:_375 leave of absence how obtained___377 liable for omission, etc., of duty_....__378 false or fraudulent certificate by__381 to be charged with money or property_ ...i..' _*109 supervise work connecting drains with sewer __-423, 600 in absence of engineer may grant permits____491 shall not be hindered in his duty___439 bond of______ 525 general duties of_486 to 496 convicts to work on streets under__883 notice to railroad authorities by__892 orders by to repair walk over vaults__ 899 openings in vaults to be under supervision of_i_900 notice by relating to water on sidewalk _..._903 permit to have excavations in streets___915 shall notify persons encroaching on streets by building, etc. ._ 920 shall remove obstructions on streets when___921 may close street for improvement when__ 922 cause wagons appearing too heavily loaded, weighed, etc._924 notify owner of obstruction on street__„ 925 may order obstruction removed______926 may with engineer establish parkways_ 931 SUPERINTENDENT OF WATER WORKS, to be appointed ...... 367 salary and how paid ..._86, 374, 526 must deliver books and papers___369 commissioned_ 370 pay over money and make reports_..._371, 379 failure to pay over reported__ 372 leave of absence, how obtained___ 377 liable for omission of duty_.___378 false certificate by__ 381 shall be charged with moneys and property_409 INDEX. 36 shall not be hindered in performance of duty_439, 830 general duties of-,1.___501 to 505 shall procure curfew whistle___578 order of to let on water__936, 949 permit to lay water pipe ____ 938 consumers must answer questions_.____946 may enter consumer’s premises__ 951 manufacturer’s lire pipes, permit for_ 955 permit by to use hose beyond regular hours_-_957 shall shut off water when___ 961 may open fire hydrants_ _963 SUPPLIES, clerk to advertise for bids_933 specifications for proposal for advertising____ . 934 SURETIES, release of__ 197 SURETY, city officer not to be to city_1_524 SURVEYS, to be made by engineer___ 417 fees for____422 SWINE, regulating keeping of_.___838 TARGET SHOOTING, license fee_733 TAXES, power to levy and collect__ _(Cl. 3) 62 for judgment and temporary loans_ 90 ordinance levying_ 111 how collected_ 112 time of paying over_ 113 when levied for particular purposes_ 04 uniformity_ 115 city to certify amount rtquired, when___111, 291 for water works_171, 336, 349 rebate of when propertv destro\ed_’_ 309 restoration tax for buildings destroyed__ 314 sewerage_ 311 water and light_ 312 double assessment of, payment refunding .Sec 268, Gh. 120. R. S. omitted property_Sec. 276, Ch. 120. R. S. noi collected added to subsequent year_Sec. 277, Ch 120, R. S. set apart for payment of warrants drawn_ 333 city may buy in at sales__•_ 116 TAXATION, rate of___._ 111 TAX-PAYER, may enforce rights in name of city__ 172 TELEGRAPH COMPANIES, consent to erect poles, etc_317 TELEPHONE AND TELEGRAPH POLES, injuring_786 posting bills on_ 789 telephone, improper use of_ 840 TERRITORY, annexing____318 to 328 excluding_ 329 TERRITORIAL JURISDICTION___.44, (Cl. 45) 62 THEATERS, license of ....._.- 733 TOBACCO, sale of to minors_ 832 TOY PISTOLS, sale to minors_ 628 INDEX. 37 TRAIN, stoning, penalty ........282 starting without signal____ 277 limit of speed of______284, 889 TREASURER, election of, term, not to serve twice_49, 73 bond—oath of__75, 525 clerk’s bond to filed with_ 75 not to hold any other office_ 80 books—always subject to inspection_'_ 92 to keep separate accounts of fund__ 93 give receipts_ 94 monthly statements, vouchers, warrants_ 95 deposit of funds separate from his__ 90 annual report—publication_____ 97 warrants on___98, 497 keep special assessment fund separate_ 99 further duties may be required of_ 107 appeal to finance committee_ 108 may appoint subordinates_ 109 must deliver books and papers_ 369 make annual report_ 379 endorse warrant when fund exhausted_ 497 lost or destroyed warrants, issue of duplicate, etc._499 books—how kept__ ____ 500 salary of- 526 to keep money from sales of cemetery lots separate_560 dram shop, license fee to be paid to_<_211 report failure of officer to return money____498 TREES, SHRUBS, injury to_ 788 shade, not to hitch to-- 930 shade, setting on streets-- 927 TRESPASS_ 787 UNIFORM, police__....527 to 532 members of fire department_ 533 city sexton_ 531 VACANCY in office ______15 to 18 in office of alderman_32, 54 how filled..__ 74 when office becomes vacant_ 243 who may determine__ 244 VACATION OF STREETS_ 307 right of adjoining owners______308 VACCINATION__*... 456 VAGRANTS, defined—punishment_ 795 VETO, of ordinance_ _____46, 47 VOTE OF COUNCIL, mayor has casting vote.... 19 two-thirds reinstate officer__ 20 majority to pass ordinance_____ 41 two-thirds to pass over veto___ 47 two-thirds create new office and discontinue office_ 73 two thirds order improvement after appropriations- 90 three-fourths to vacate street_____ 307 two-thirds to annex one corporation to another-319 88 INDEX. majority to disconnect......329 three-fourths for sale of realty, etc_ 286 WARDS, council may divide city into_____ 51 boundaries fixed.....362 to 366 WARRANTS, for violating ordinance___ 68 officers to be commissioned by 7 ______76, 369 treasurer to deposit_______ 95 form of for payment of money-....... 98 clerk to have charge of______104 none to be drawn until report, or when in arrears_374 lost, duplicate of_ 499 for collection special sidewalk taxes_ _ 296 drawn upon treasurer when__ 33*2 issued in anticipation of taxes_333, 935 interest on_334 how treasurer shall pay or endorse_ 497 WATER, power of city to provide supply_ 169 acquiring property for_._ 170 regulations for use_ 171 fund certificates_ 344 stream of thrown from hose. __811 WATER DEPARTMENT, comparative statement of reeeipts by cobector_._416 rules and regulations of, part of contract with us^rs_ 936 no tap without permit__ 937 application for permit, how made__938 permit, what to authorize__ 938 service connection, how made and material ..._939 taps, size of, location_ 941 stop and waste cock to every 7 supply pipe_ 942 service pipes intended for two families_ 943 no addition or alteration without permit___944 service pipe and fixtures to be kept in good repair_ 945 application for water made to city collector_946 occupants of other premises not to use without permit_947 no claim against city by reason of accident_ 948 plumbers not to turn on water_ _ 949 water for cisterns, etc., how obtained_:__950 collector or superintendent to be allowed to enter premises_951 water not to be wasted_951 in case of fire, sprinkling, etc , prohibited_ 952 sprinkling of streets, how much ____953 sprinkling by cart__953 hose, what to be allowed_ 954 fire pipes for manufactories, provision for_ 955 tapper appointed by mayor, shall execute bond_ 956 tapper held responsible to citv for damages.—. 956 plumber after completing attachment must report to collector 956 annual water rates__—... 957 meters, when required, and rates........ 958 cost of meter.........958 water rates assessed against land..___959 how suits may be brought, for_-...960 water tax a lien..... 960 water may be shut off..... 961 injury or obstruction to hydrants, meters, etc.. 962 INDEX. 39 hydrants not to b: opened.... 963 mayor may limit or suspend the use of water__964 receipts to be kept in separate fund__965 WATER DEPARTMENT PLUMBERS, (see plumbers, plumbing and inspector.) WATER WORKS SUPERINTENDENT, (see superintendent water works.)_ 501 WEEDS, when nuisance-. 844 WEIGHTS AND MEASURES, (see inspector of weights and meas¬ ures.) WEIGHT, fraudulent certificate of_ 381 WEIGHMASTER, duties of.__ 518 no certificate unless_ 519 report monthly and charges_ ---520, 521 fees of.__i___ 526 WHISTLES, (see steam whistles.) WIRES, stringing prohibited unless petition by property owners_222 WITNESS, not subject to fine or penalty, when..___865 WOOD, COAL AND HAY, (see inspector of weights and measures.) fraudulent weighing or measure of_ 514 WOODEN BUILDINGS, dilapidated, nuisance_ 845 unsafe _ 846 see fire limits. YEAR, fiscal_ 88, 360 municipal.___ 176, 359 YEAS AND NAYS, to be taken on removal of officers__ 20 to be demanded by any alderman_ 41 to be taken on passage of ordinance, etc_ 41 to be taken on passage of ordinance over veto _ 47 to be taken on ordinance vacating streets_ 307 23 : : . mwSfmtmmm t J rj tf L ' f if } : 2 .it.} fft.r [ F;