^ ^’taming an!) |Taboi'. LIBRARY OF THE University of Illinois. CI.ASS. BOOK. VOLUME. 3-5-^Zmmi^^:^ Books are not to be taken from the Library. Accessions No. .B.5.3...1.5 ^ sS^ Digitized by the Internet Archive in 2016 https://archive.org/details/citiesvillagescoOObinm CITIES AND VILLAGES A COMPILATION OF GENEEAL OF THB LAWS STATE OF'ILLINOIS, GOVERNING AND REGULATING THB POWERS AND DUTIES AND THE EXERCISE THEREOF BY CITIES AND VILLAGES, WITH EXPLANATORY ANNOTATIONS DIGESTING THE DECISIONS OF THE SUPREME AND APPELLATE COURTS TO DATE, AND WITH NUMEROUS PRACTICAL AND APPROVED PRECEDENTS AND FORMS, USE- FUL IN CARRYING ON THE DETAILS OF EXECUTIVE AND LEGISLATIVE BUSINESS. E. B CHICAGO : By henry BINM Of the Chicago Bar. . MYERS AND COMPANY, LAW BOOKSELLERS AND PUBLISHERS. 1894. '-'.6 b Entered according to Act of Congress, in the year A. D., eighteen hundred and ninety. By E. B. MYERS AND COMPANY, In the ofllce of the Librarian of Congress, at Washington, D. C. Entered according to Act of Congress, in the year A. D., eighteen hundred and ninety-four, By E. B. MYERS AND COMPANY, In the oflS.ce of the Librarian of Congress, at Washington, D. C. TABLE OF CONTENTS Article. 2. Bill of fights. 4. Legislative. 5. Civil officers. 6. Judicial powers. 7. Suffrage. Constitutional Provisions. Article. 8. Municipal affairs. 9. Taxation, debt etc. 10. Railroads. 11. Warehouses. 12. Aid to private corporations. I. An act to provide for the incorporation of cities and villages; as approved April 10, 1872; in force July 1, 1872; with all subsequent AMENDMENTS INCORPORATED. Article I. Of the Organization of Cities. Sectioiv. 1. Incorporation, how. 2. Notice of election. 3. The ballot and result. 4. Change from city to town, 5. City, from contiguous territory. 6. Organization, judicially noticed. 7. Officers, election of. Section. 8. County judge, duty of; when. 9. Term of first officers. 10. Corporate name; powers. 11. Ordinances in force, until. 12. Old rights vest in new body. 13. Record of result of election, 14. Office abolished. Article II. Of the Mayor. Section. 15. His qualifications. 16. Vacancy in office. 17. Vacancy, how filled. 18. Mayor pro tempore, 19. Vacancy, created when. 20. Mayor preside in council; his vote. 21. Removal of officers. 22. Conservator of the peace. Section, 23. Release of prisoners. 24. General duties. 25. Records etc., examine. 26. Messages to council. 27. Riot etc. ; militia. 28. Official misconduct. 29. Ordinances; revision of. IV Table of Contents. Article III. The City Council. Sbction. BO. Council, how composed. 31. Number of aldermen. 32. Alderman’s term. 33. Vacancy. 34. Alderman’s qualifications. 35. Council, judge of election etc. of its members. 36. Rules; expulsion; bribery. 37. Quorum; compelling attendance. 38. Meetings. Skctiok. 39. Chairman pro tempore. 40. Open doors. 41. Journal of proceedings. 42. Record by yeas and nays, when. 43. Rescission of vote. 44. Report; when laid over. 45. Territorial jurisdiction. 45a. Jurisdiction to enforce ordinance. 46. Special meetings. 47. Ordinances; approval; veto. 48. Reconsideration. Article IV. Elections. Section. 49. Annual election. 50. In cities and villages including a town- ship. 51. Polls; when opened and closed. 52. Elective officers named. 53. Suffrage. 54. Wards. 55. Aldermen at first election. 56. Minority representation. Section. 57. Aldermen under minority plan. 58. Aldermen; minority plan not adopted. 59. Notice of election and place. 60. Elections; conduct of etc. 61. Result; tie vote. 62. Notice of election or appointment. 63. Special election; no quorum in office. 64. Special elections. Article V. Powers of the City Council. Section. 65. Special powers granted. 66. Ordinance; style of. 67. Ordinance; when in force; publication. 68. Ordinance, proof of. 69. Fines and penalties; how enforced. 70. Fines and licenses; payment over. 71. Process and punishment. 71. Jurisdiction of offenses. Section, 72. Jurisdiction; justices and police mag- istrates. 73. Process; who may serve. 74. Jurisdiction of waters. 75. Jurisdiction of Ohio river. 76. Jurisdiction of river boundaries. 77. Street labor. 78. Fines and penalties; imposition of. Article VI. Officers — their Powers and Duties. Section. 79. Elective officers. 80. Other officers; city marshal. 81. Appointments; vacancies, duties; pow- ers. 82. Oath; bond. 83. Evidence of office; delivery over to successor, 84. Qualification of officers. 85. Contract; interest in forbidden. 86. Bribery; penalty. 87. Two city offices forbidden. 88. Clerk; duties of. Section. 89. Ordinances; record of. 90. Conservators of the peace. 91. Police district defined. 92. Police powers therein. 92a. Conveyance of prisoners. 93. Mayor; compensation of. 94. Aldermen and trustees; compensation of. 95. Officers generally; compensation. 96. Compensation; ^yhen fixed. 97. Compensation; limit of. 98. Oaths; administering. Table of Contents. Y Article VII. Of Finance. Section. 99. Fiscal year. 100. Appropriation ordinance. 101. Limitation; emergency; loan. 102. Liabilities; limit on contract. 103. Treasurer’s duties. 104. Separate accounts. 105. Receipts. 106. Monthly statements. 107. Deposit of funds. 108. Annual report. 109. Warrants on. 110. Special assessment fund. Section. 111. Collector’s duties. 112. Report; publication of. 113. Money detained; penalty. 114. Payment over; inspection of books. 115. Comptroller; duties and powers. 116. Council may prescribe duties; trans- fer of clerk’s financial duties. 117. Bonds, municipal; record of 118. Duties may be added to. 119. Appeal from settlements. 120. Subordinates, who may appoint. 121. Insurance companies; foreign. Article VIII. Of the Assessment and Collection of Taxes. Section. 122. Ordinance levying tax; limits of. 123. Taxes; assessment and collection of. 124. Taxation ; rate of. 125. Collection of; manner. 126. Payment over; time of. Section. 127. Proportion of tax collectible. 128. Drawback; limit on city etc. receipts of. 129. Tax levied for particular purpose. 130. Uniformity. Article IX. Special Assessments for Local Improvements. Section. 131. Powers conferred. 132. Ordinance for improvement. 133. When property is taken or damaged. 134. Petition. 135. Petition; form of. 136. Process and notice. 137. Hewing; jury. 138. Compensation; jury award; new parties. 139. View of premises. 140. Judgment; after procedure as to new parties. 141. Powers of court. 142. Powers of court: ownership. 143. Persons under disability. 144. Judgment; effect, appeal. 145. Possession, order for. 146. General tax; improvement by. 147. Special tax; assessment. 148. Special assessment; how made. 149. Sidewalk ordinance; owner’s rights. 150. Estimate of cost. 151. Proceeding in court; order for. 152. Petition to court. 153. Commissioners’ appointment and oath. 154. Commissioners’ duties. 155. Repealed section. 156. Assessment roll; return. 157. Notice; ho v/ given. 158. Notice; proof of. Section. 159. Notice not in time; continuance. 160. Objections; default. 161. Hearing by jury. 162. Precedence of causes. 163. Modification etc. of assessment. 164. Judgment several; appeal; lien. 165. Judgment certified; warrant. 166. Warrant; form of. 167. Collector’s notice; form of. 168. Collection. 169. Delinquent list, report of; effect as evidence; defense. 170. Application for judgment. 171. Sales thereon, return of; redemption. 172. Sale after tax paid; penalty. 173. Payment over; collector’s compen- sation. 174. General revenue laws apply. 175. City or village may buy at tax sale. 176. Assessment set aside; new assess- ment. 177. Supplemental assessments. 178. Delinquents; new assessments against. 179. Contracts payable from assessments. 180. Contracts, how let. 181. Lien of special assessment. 182. Collection, by suit. 183. Condemnation; assessment of bene- fits. 184. Adoption of this article. VI Table of Contents. Section. 185. Special assessments by instalments. 186. Interest; payment before maturity. 187. Ordinance; when by instalments. 188. Assessment roll; contents. 189. Notice; contents. 190. Conlirmation; order of. 191. Collection; warrant for. 192. Judgment; procedure for. 193. Improvement done; voucher for. Section. 194 Acceptance of voucher; effect. 195. Surplus collected, refunded. 196. When city may advance land dam- ages. 197. When collected by in.stalments. 197a. Assessments divisible into instalments 197b. Bonds in anticipation of collection. 197c. Definition clause. 197d. Assessment payable in bond. Article X. Miscellaneous Pkovisions — Water. Section. 198. Water; power to supply. 199. Acquisition and jurisdiction of pro- perty for. 200. Kates; taxation; regulations. 201. Tax payer’s right to enforce city rights etc Section. 202. Maps; approval of. 203. Jurors; inhabitants competent as. 204. Census. 205. Municipal year. 206. Appeal; city or village give no bond. Article XI. Of the Organization of Villages. Section. 207. By incorporated town or disconnected territory. 208. Ballot. 209. Change from city to village. 210. Election returns, canvass and record. 211. Oflicers hold over until. 212. New organization; how effected. 213. Petition; election; returns. 214. Result; election of officers etc. 215. Corporate name; trustees; powers. 216. President; election and powers. Section. 217. President and trustees; powers. 218. Ordinances; style of. 219. Officers; appointment and duties. 220. Constable; powers of. 221. Election annual. 222. Annual election. 223. Jurisdiction of suits. 224. Police magistrates. 225. Police magistrates; election, fees. 226. No incorporation under prior laws. II additional laws. 1. Agriculture; marketing produce. 2. Aliens. 3. Animals. 4. Annexing and excluding territory. 5. Cemeteries. 6. Change of name. 7. City courts. 8. Drainage and sewerage. 9. Elections. 10. Eminent domain. 11. Evidence. 12. Ferries and bridges. 13. Fire escapes. 14. Horse and dummy railroads. 14a. Hospitals. 15. Houses of correction. 16. Insurance. 17. Landings and levees. 18. Libraries. 19. Liquor law. 20. Officers. 21. Oil inspection. 22. Parks. 23. Plats. 24. Police and fireman’s funds. 25. Public buildings. 26. Railroad aid and other bonds. 27. Railroads. 28. Revenue. 29. Riot. 30. Roads and bridges. 31. Sale of property. 32. Schools. 32a. Sparrows. 33. Streets. 34. Telegraph companies. 35. Township organization. 36. Water works. 1. Agriculture — Marketing Produce. IlL^^Farmer etc. may sell products without license. Table of Contents. vii 2. Aliens. Section. 228. Employment of, in public service, prohibited. 229. Citizenship or declaration of inten- tion, must be shown. Section. 230. Money paid to the contrary, disburs* ing officer liable. 231. False certificate; contract void. 232. Employed to the contrary, discharge. 233. Failure to take out final papers. 3; Animals. Section. 234. Certain, not to run at large, 235. Taking up ; penalty; redemption. 236. Penalty; civil damages. Section. 237. An estray; when. 237a. Prohibition. 237b. Penalty. 4. Annexing and Excluding Territory. Section. 238. Annexation of adjoining cities etc. ; procedure. 239. Annexation of parts of cities etc., procedure. 240. Annexation in part or whole; one election on two questions. 241. Debts and liabilities; assumption of. 242. Annual tax levy, include annexed lands. 243. Collection of taxes not stayed; ap- plication of proceeds. 244. Pending actions proceed. 245. Annexation of part of city etc. ; debts apportioned. 246. Annexation of part of city etc. ; ap- portionment of tax levy. 247. Street improvements. 248. Street openings. 249. Water, gas or electric light; rights of t- rritory not annexed. 250. Matters in dispute; settlement of. 251. Transfer* of records. 252. Officers in detached portion, hold over 253. Justices and police magistrates hold during term. Section. 254. Police and firemen continue in the enlarged city etc, 255. Dram shops; licensing of. 256. Wards, how constituted, representa* tion in council. 257. Sewerage and drainage. 258. Territory annexed under act of 1887, may be annexed hereunder. 259. Repealing clause. 260. Emergency. 261. Disconnecting territory; ordinance. 262. Ordinance; record of. 263. Judicial cognizance. 264. Repeals. 265. Emergency. 265a. Disconnecting territory — election. 265b. Procedure on two or more petitions. 265c. Taxation; prior assessment, 265d. Title of property — new town. 265e, Division of property and debt. 265f. Division of tax on prior levy. 265g. Public improvements not stayed. 265h. Sewerage, water, light. 265i. Offices — vacancy. 265 j. School district or township. 5. Cemeteries. Section. 266. When removed; expense. 267. Power in city or village to establish. 268. Joint establishment by cities or vil- lages. Section. 269. Lease of land for purposes of. 270. Control of corporate authorities. 6. Change of Name. Section. 271. Petition. 272. Procedure. 273. Secretary of state; duties of. 274. Hearing; notice of. 275. Hearing; on petition and remon- strances. Section. 276. Order filed with secretary of state. 277. Rights saved. 278. Change void, when. 279. Change of name of unincorporated town. 7. City Courts. Section. 280. Style of court; jurisdiction. 281. Seal. Section. 282. Place of holding. 283. Stationery. Table of Contents. Skction. 284. J udgo; election, (lualilication, powers, vacancy. 285. Intercliaiifjo of iuderes. 28«. (derk. 287. Sheri IT and state’s attorney; duties. 288. Master in chancery. 280. Court terms. 290. Adjournments. 291. Appeals; certiorari. 292. Recognizances; prisoners held in city prison. Skction. 298. Venue; change of. 294. Process, judgments etc. 295. .Judgment; transcript of. 290. 4'ranscript fees. 297. Appeal or error. 298. .Jurors’ fees; how paid. 299. Courts continued. 300. Court, how established. 301. .Judge and clerk; election of. 302. Judge, salary of. 303. Prosecuting attorney, salary of. 8. Drainage and Sewerage. Section. 304. Improvement district; special as- sessment; grades. 305. Corporate authorities; duty of; sur- vey and cost. 306. Bonds; issue of, procedure. 307. Bonds; interest and principal, pay- ment of. 308. Railroad company’s liability. 309. Minor; property belonging to. 310. Powers; construction and exercise of, 311. Bond holders’ rights. 312. Chicago district organized. 313. Corporate authorities; powers of. 314. Des Plaines river; diversion of water. 315. Mud lake; dam across. 316. Construction of cut off; way, how acquired. 317. Eminent domain. 318. Sanitary districts; procedure to organize. 319. Organization judicially noticed; elec- tion. 320. Officers; election of . 321. Trustees, duties and powers of; com- pensation etc. 322. Ordinances; appropriations. 323. Ordinances, how proved, 324. Water powers, channels and outlets; control of. 325. Right of way; acquisition of. 326. Limitation on indebtedness, by loan. 327. Tax to pay interest and principal on debt. Section. 328. Contracts for work, how made; day’s labor; aliens. 329. Tax levy; limitation. 330. Special or general tax; assessment and collection. 331. Assessment by instalments; proced- ure. 332. Bonds, in anticipation of taxes due. 333. Eminent domain; compensation. 334. Public property; damage to; use of Illinois and Michigan canal, 335. Right of way; cost of acquiring. 336. Overflow, damage by; notice of suit; compromise. 337. Sewage; dilution of. 338. Violation of ^ 337; prosecutions. 339. Legislative rights reserved, 340. Channel, capacity and increase there- of; obstructions in rivers, removed. 341. Channel compl’td, a navigable stream 342. Channel, use and increase of. 343. Water supplies; furnishing of. 344. Channel, inspection of; result of de- defect in. 344a. Chicago sanitary district — police powers. 345. Sewerage fund tax. 346. Municipalities may contract inter sese for sewerage. 347. Contracts, how made. 348. Drainage works etc.; power to erect etc. 349. Special assessment; works may be by. 350. Mode of procedure. 9. Elections. Section. 351. In cities and villages; adoption of the act, 352. Election; notice; duties of county clerk. 353. Ballots; form of. 354. Tickets; contents of. 355. Canvass, how. 356. Canvass, mode of; declaring re- sult. Section. 357. Judges’ duty, when no tally sheet. 358. Returns, how made. 359. Canvass; watchers. 360. Canvass by county judge; act oper- ative, when. 361. Judge or clerk, neglect of duty; open- ing ballot etc. 362. Return etc. ; mutilating or stealing. 363. Offenses governed by state law. Tahle of Contents. IX Section. 364. Villages or towns; adoption of the act. 365. Act adopted; eflFect thereof. 366. Election commissioneus; creation of board . 367. Their qualifications and selection; vacancy. 368. Removal of; cau.se for. 369. Organization of board; office and offi- cers. 370. Ballot boxes, how provided. 371. Chief clerk; duties and powers. 372. Election precincts; how established. 373. Oeneral registration of voters. 374. Judges and clerks; qualifications and appointments. 375. Judges’ examination ; confirmation ; rejection; exemption; refusal to serve. 376. Judges and clerks; appointment and removal. 377. To be taken from different political parties. 378. Their selection reported to county court for confirmation; removals; vacancies. 379. Appointees, notice to; oath. 380. Registry and polling place in each precinct. 381. Penitentiary convicts and pardons; report of. 382. Deaths; report of. 383. Dead and criminals; list of. 384. Registration, notice of. 385. Elections, conduct of; rules and regulations. 386. Election days; holidays. 387. Judges and clerks, subsequent selec- tion of. 388. Board of registry. 389. Right of suffrage. 390. Meeting of board; registry books, control of. 391. Registration certified daily. 392. Registry to be posted; right of chal- lenge. 393. Registry, revision of; second meeting, corrections etc; copy. 394. Clerks canvass of precinct; suspected list; police duty. 395. Notice to suspects — neglect to mail or deliver. 396. Boards’ last meeting: revision; eras- ure and restoration of names. 397. Registers, comparison and return of; posting and printing. 398. Erasure of names; notice of applica- tion for. 399. Hearing of applications; erasure or restoi'ation. 400. Jurisdiction to place name on or erase. B Section, 401. Application refused; appeal; record. 402. Supplemental list, posted etc. 403. Registration after first general regis- tration. 404. Registry at intermediate registra- tions. 405. Verification lists — canvass etc. 406. Registers; comparison, certificate and return; copy. 407. Clerks as canvassers, duty of. 408. Canvass— duties of officers, 409. Revision of registry. 410. Registers; return to commissioners. 411. Registers; copying and printing of. 412. Registration or erasure denied; re- view. 413. Registers; return to commissioners; corrections. 414. Elections, special and judicial; conduct of. 415. Registers, inspection of. 416. Registers, delivery to judges. 417. Public register; mutilation etc. of. 418. Board of registry; filling vacancy. 419. Polls, opening and closing; presence of judges and clerks. 420. Judge absent, penalty; place, how filled; detention of register. 421. Ballot box, continuously in public view; obstruction of, penalty. 422. Voter’s name entered. 423. Ballot, name on. 424. Ballot, how received; challenge. 425. Voter’s name on register. 426. Challengers; watchers; canvass; po- lice. 427. Judges, as peace officers. 428. Election, judicial; official ticket holders. 429. Canvass, no adjournment; challen- gers and watchers. 430. Canvass, mode of. 431. Ballots strung. 432. Proposition submitted; canvass. 433. Judges’ duty, tally sheet without heading for. 434. Judges proclaim result etc. 435. Return; certificate and direction. 436. Ballot, forms attached to return. 437. Poll books; deposit' of in ballot box etc. 438. Ballot box, delivery to commission- ers. 439. Ballot box; commissioners receive, note condition and open. 440. Canvass; board open return and make abstract of votes. 441. Canvassers declare result and certify, 442. Certificate of election. 443. Certificate, as to officers in city etc. X Table of Contents. Section. 444. Tio vote for city or town oflice, 445. (4invassing board; duty on indication of fraud. 440. (’anvassin^ lioard; presiding oflicer declan; result. 447. Okkknsks generally ; penalty. 448. At city, village or town election. 441). False list l>y ])oll clerk. 450. Judge wilfully refusing vote etc. 451. False canvass. 452. Permitting fal.se ballots etc. 453. Election ollicers’ misconduct or fraud. 454. Stealing document, vote etc. 455. W long doer not an officer. 450. False swearing. 457. Advising one to sw'ear falsely. 458. ('hanging ballot etc. 459. Felon voting without pardon. 400. Disolx^ying command of judge. 401. Breach of the peace. 402. Interference with judge etc. 403. Destroying or concealing ballots etc. 404. Wrongfully admitting to registra- tion etc. 405. Absence of judge. 400. Keeping ballots behind box etc. ; electioneering. 407. Use of spirituous liquors etc. 408. Notice; irregularities etc. no defense. 409. Definitions; crime. 470. Misdemeanors; fine, discharged when. 471. Forfeitures, how recovered. 472. Commissioners aid prosecutions. 47.3. Commissioneis’ and clerks’ fees, how paid. 474. Judges and clerks of election; fees. 475. Judges and clerks; days credited. 470. Judges and clerks, paid by city, when. 477. Judges and clerks, paid by county, when . 478. Commissioners audit claims. 479. ViLL.\GE or TOWN may adopt act. 480. Ex officio commissioners of village. 481. Returns of village or town election. 482. Beturns of village or town election. 483. Oaths; who may administer. 484. Kegistration ; board’s, meeting; register. 485. Begister, how made etc. ; first meet- ing. 480. New election districts. 487. Begister, revision of ; second meeting. 488. Procedure; corrections etc. 489. Register revision : new names added . 490. Begisters filing; delivery to judges; voting; swearing in votes. 491. Clerk’s entry on register; non regis- tered voter. 492. Poll list and register, to be filed 493. Section repealed. 494. Begisters open to inspection. Section. 495. (’ompensation of board. 490. Preservation of order. 497. Fraudulent registration; false swear- ing. 498. Sections repealed. 499. Blanks, how furnished. 500. Section repealed. 501. Election; notice of, how given. 502. Sheriff or supervisor to post. 503. Polls; time to open and close. 504. Proclamation. 505. Ballot box, locked and publicly ex- hibited. 506. Poll li.sts, how kept. 507. Ballots. 508. Ballots, form of. 509. Ballot cumulative, form of. 510. Ballots, how received and deposited. 511. No adjournment or recess. 512. Canvass of votes. 513. Contesting election; legislature hear, when. 514. As to senators and representatives. 515. Supreme court hear, when. 516. Circuit court hear, when. 517. County court, hear, when. 518. State officers, election of; contestant’s petition . 519. Testimony taken by joint committee. 520. Committee’s powers. 521. Depositions; notice to take 522. Testimony. 523. Committee’s report; hearing; decision. 524. Senator or representative; who may contest. 525. Notice of contest. 526. Testimony, how taken. 527. Testimony; power of officer taking; 528. Depositions etc. , sent to secretary of state. 529. Notice of contest; duty of presiding officer. 530. Bights of either house reserved. 531. Other officers; who may contest. 532. Contestant to file statement etc. 533. Summons. 534. Evidence. 535. Trial. 536. Other elections, contest of. 537. Elector may defend for county, when. 538. Judgment. 539. Tie vote; how^ decided. 540. Judgment, certified copy of. 541. Election void, when. 542. Appeal. ' 543. Primary election; act when to govern. 544. Acceptance of act, by committees. 545. Election, time and place of; judges and clerks; proxies. 546. Election; form of notice. Table of Contents. xi Section. 547. Judges’ and clerks’ oath. 548. Voters’ qualifications. 549. Election districts; election of dele- gates. 550. Challenges; examination as to quali- fication; swearing in votes. 551. Offenses and penalties. 552. Qualifications, limit to; challengers; poll list. 553. Poll and tally lists, form of. 554. Oaths, administering thereof. 555. Ballots, form of. 556. Ballot box; exhibition of. 557. Polls,, opening proclaimed. Section. 558. Polls, closing, proclamation of. 559. Canvass; result proclaimed. 560. Canvass, mode of. 561. Judges’ certificate to tally lists. 562. Ballots, count of. 563. Poll lists, what to show. 564. Result, certificate of. 565. Poll and tally lists, deposit of. 566. Certificate to successful candidates. 567. Penalties, not otherwise declared. 568. Repealing clause. 569. Primary election; who may vote at. 570. Violation of act; penalty. 10. Eminent Domain. Section. 571. Compensation ascertained by jury. 572. Procedure; parties. 573. W''hen petition presented in vaca- tion. 574. Summons, service and notice. 575. Hearing; amendments; new parties: practice . 576. Hearing in vacation; jury. 577. Jury; impaneling. 578. Jurors’ oath. Section. 579. View of premises; verdict. 580. Judgment; payment. 581. Cross petition. 582. Appeal. 583. Appeal; user of land on bond given. 584. Payment; to whom made. 585. Judgment; record of. 586. Repealing clause. 587. State institutions; lands not to be taken. 11. Evidence. Section. 588. Records etc. of cities etc., how cer- tified. 589. Certificate, form of. Section. 590. Sworn copies. 591. Penalty; perjury. 12. Eerries and Bridges. Section. l Section. 592. License and regulate ferries. 594. Control by city etc. 593. Cities and villages may construct etc. 595. Fast driving on bridge etc., penalty. 593a. Municipal control. j 13. Eire Escapes. Section. 596. To be affixed to certain buildings. 597. On buildings hereafter erected. 598. Compelling erection procedure. Section. 599. Failure to erect on notice penalty. 600. Fines; application of. 14. Horse and Dummy Railroads. Section. 601. Eminent domain; right to exercise. 602. Compensation for property taken or damaged. Section. 603. Location of road; consent ; notice; damages. 604. Street, control reserved,police powers. 14a. Hospitals. Section. 604a. Contribution to support— condition. 604b. Cities of 100,000 establish — taxation. 604c. Establishment, procedure. 604d. Directors, appointment of. 604e. Directors’ terms of office — removal. 604f. Vacancy in office, filling of. Section. 604g. Powers — organization — secretary. 60-lh. Beneficiaries — rules etc. 601 i. Patients’ paying — collection etc. 604j. Quarantine regulations. 604k. Donations — title vests in trust. 6041. Physicians’ treating. Xll 'J'AHLE of CoNTFN'rS. 15 . Houses of Couuection. Skotion. ()05. (/ities may CRtablish, COO. Inspectors; appointmentandtenn.sof. G07. Rules; employes; appropriations. 608. Inspectors’ duties and compensation; record. 609. Books, statements and accounts. 610. Otlier reports; ollicers etc., removal of. 611. Superintendent, duties of, appoint- ment and term; deputy. 612. County may use, when. SlCCTION. 616. County convicts, commitment to; when. 614. Conveying convict to; fees. 615. Application of otlier laws etc. 616. IIou.se of shelter for females. 617. Expenses, how paid. 618. United States convicts. 619. Bridewell; name changed to. 620. Superintendent’s salary; record of conduct; good time credits. 621. Oath; bond. 16 . Insuran'ce. Section. I 622. Tax on net receipts of foreign. | 17 . Landings Section. 628. Power to lease, when. 624. What lands may be leased; when lease in force. 625. Power to protect from overflow etc. 626. Purchase or condemnation of lands. 627. Notice to owner to repair. 628. City etc. may repair, when. 629. City etc. , entry on lands to repair. 630. Work charged to person liable ; lien for cost. 18 . Librar Section. 638. Establishment by city; tax; fund. 639. Directors, appointment of. 640. Term of oflice; removal. 641. Vacancy; compensation. 642. Directors’ powers; organization ; funds. 643. Use of library, by whom. 644. Directors’ report. 645. Council impose penalties. 646. Donations to. 647. Villages, towns and townships; powers of. AND Levees. Section. 631. Lien, how enforced. 632. Sale for; city etc. may purchase. 633. Emergency; repairs, lien, payment ; defense. 634. Public landings; tolls, grade, pen- alty. 635. Stagnant water; abate as nuisance. 636. City subject to overflow; insufficient levee; liability. 637. Land below grade, procedure. 637a. Cutting— penalty. ;es, Public. Section. 648. Directors therein. 649. Emergency clause. 649a. Building, procedure — taxation. 649b. Building commenced when. 649c. Plans and estimates— contracts. 649d. Rental — mortgage — application of statute. 649e. Donation for— incorporation. 649f. Statement for incorporation. 649g. Certificate of incorporation. 6 49h. Corporate powers — trustees’ duties— taxation. 19 . Liquor Law. Section. 650. Licenses, how granted. 651. Licenses by county boards etc. not granted in cities etc. Section. 652. License to sell malt liquors. 653. Saloon bond, how taken; suit on. 20. Officers. Section. 654. Bond, acknowledgment of ; when new or additional may be required. 655. Sureties, release of. 656. New bond, effect of. 657. Sureties, take principal’s effects, when. 658. Bond, suit on. 659. Execution; issue and lien of. Section. 660. Elective officer; resignation of. 661. Office vacant, when. 662. Vacancy, by whom determined. 663. Aldermen and village trustees. 664. Not to be interested in contract; bribery. 665. Penal clause. Table of Contents. xiii 21. Oil Inspection. Section. Inspector, appointment and term of ; deputies. 667. Oath; bond; suit on bond. 668. Inspector’s duty. 669. Test; brand; inspector not to trade in oil. Section. 670. Record kept and open to examina- tion. 671. Misconduct in office, penalty. 672. Manufacturers and dealers; penalty. 673. Fines; how recovered and applied. 22. Parks. Section. 673a. Pleasure driveway and park districts — organization. 673b. District organization — election. ' 673c. Trustees — term of office — organi- zation — officers. 673d. Corporate powers — engineer — at- torney — management of district. 673e. Records — inspection of. 673f. Ordinances, publication — proof of. 653g. Laying out, improvement — main- tenance — control. 673h. Acquisition of land — taxation. 673i. Vacancy in trusteeship. 673j. Annexation of adjoining territory. 673k. President — duties of. 6731. Annual election. 674. Power of park commissioners. 675. Power as to parks taken under statute of 1885. 676. Reversion. 677. Power of city or village. Section. 678. Emergency. 678a. Parks existing — bonds to improve. 678b. Bonds and interest — issue — registra- tion. 678c. Interest — sinking fund. 678d Sinking fund — appropriation to. 678e. Sinking fund — purchase of bonds. 678f. Emergency. 678g. Parks on lake — protection of shore line. 678h. Bonds — interest. 678i. Bonds, sale of. 678j. Tax — rate increased. 678k. Tax levy for parks and boulevards. 6781. Purchase of land. 678m. Statute, when in force. 678n. Emergency. 678o. Taxation for government and management. 678p. Museums. 23. Plats. Section. 679. Powers etc., laying out. 680. Surveyor’s certificate; acknowledg- ment; record. 681. Dedication, effect of. 682. Corner stone etc., neglect to plant. 683. Plat not recorded; penalty for selling by. Section. 684. Vacation of entire plat. 685. Vacation of part of plat. 686. Canceling part of plat. 687. Highways etc., plats of, to be re- corded. 24. Police and Fireman's Funds. Section. 688. Relief fund, creation of. 689. Trustees of the fund named. 690. Board to control fund. 691. Treasurer to give bond for fund. 692. Warrants drawn on treasurer. 693. Annuity ; permanent disability; death. 694. Benefits; who entitled to. 695. Money, how paid out. 696. Repealing clause. 697. Police pension fund, how created. 698. Fund commissioners named. 699. Who pensioned; twenty years’ ser- vice. 700. Physical disability; retiring from service. 701. Physical disability; certificate of. 702. Death in performance of duty or in service. 703. Examination; service in emergency. 704. Crime etc. , pension lost. 705. Board meetings; officers. 706. Board, powers of. 707. Treasurer’s report. 708. Beneficiaries under act of 1877. Section. 709. Fikeman’s pension fund, creation of. 710. Trustees named. 711. Management of fund; assessment of members; record of meetings. 712. Permanent fund; rewards, gifts, de- vises etc. 713. Power to invest fund. 714. Fund, when applicable." 715. Disability physical or mental, retire- ment for. 716. Death, while in performance of duty etc. 717. Beneficiaries under act of 1877. 718. Twenty-two years’ service, retire- ment. 719. Act, application of. 720. Custodian of fund; books, accounts, bond. 721. Warrants, drawn by mayor etc. 722. Warrants, money paid only on; in- terest of fund. 723. Report of condition of fund. 724. Fund not subject to execution etc. 725. Repealing clause. XIV Table of Contents. 25. Public SKcrrioN. 726. Doors to open outward. 727. Peual clause. Buildings. .SK(n'10N. 728. May be closed, when. 26. Kailroad Aid Skction. 729. New bonds for old indebtedness. 730. Emergency clause. 731. New bonds to meet maturing. 732. Bond; indorsement thereon of total value of taxable property. 733. Election, to determine issue. 734. Registration. 735. Auditor to certify tax rate to meet. AND Other Bonds. Section. 736. State custodian; collection; payment. 737. Money, how disbursed. 738. Registered bonds not paid at ma- turity; procedure. 739. Payment, entry of. 740. Fees; collector’s bond. 741. Bonds; by whom executed. 27. Railroads. Section. 742. Boards at crossings. 743. Bell and whistle, at crossings. 744. Starting train without signal. 745. Approaches at crossings. 746. Neglect etc. to make, notice. 747. Authorities construct, when. 748. Company to pay expense and $100. 749. Draw-bridge etc., train stop before crossing. Section. 750. Penalty. 751. Railroads crossing on same level, re- quirements. 752. Inspection of system; engineer’s com- pensation. 753. Highways, not to be obstructed. 754. Speed through cities etc. ; damages. 755. Flagmen; shelter. 756. Penalties. 28. Revenue. Section. 757. Property exempt from taxation. 758. Rules for valuing personal property. 759. Rules for valuing real estate. 760. Towns, cities etc.; certificate of rates. 761. Taxes collected, payment over. 762. County clerk’s certificate to county collector. 763. Collector’s settlements. 764. Collector’s final settlements. 765. Judgment AND sale; advertisement as to. 766. Proceeding against realty for per- sonal tax. 767. Advertisement; use of figures etc. 768. Application for j udgment when made. 769. Advertisement, copies of and fees for. 770. Advertisements, error in. 771. Delinquent list; form. 772. Tax may be paid before sale. 773. Payments reported; lists corrected. 774. Sale of delinquent lands; pro- cess. 775. Entry of sale; redemption. 776. Forfeited tracts noted. 777. Sale and redemption record. 778. Sale, how conducted. 779. How sold. Section. 780. Forfeiture to state. 781. Payment by purchaser. 782. Certificate of purchase. 783. Index to sale books. 784. Redemption; time for; amount. 785. Purchaser suffering land to be again sold. 786. Books etc. as evidence. 787. Sales in error, entry. 788. Sale in error; purchaser re-imbursed. 789. Redemption money received, effect. 790. Notice of time expiring. 791. Affidavit, evidence, notice. 792. Collector’s April payment to local authorities. 793. To pay to cities etc. every ten days. 794. Special assessments; apportionment when payable in instalments. 795. Uniformity of taxation restored. 796. Tax sale ; city may purchase at. 797. Rebate, when property destroyed. 798. Assessment reduced or released. 799. Tax illegally collected; power to re- fund. 800 . Warrants on treasurer etc. drawn when. 801. Warrants may issue in anticipation of taxes. Table of Contents. XV 29 . Riots. Section. 802. City or county liable for damages. 803. Action, how brought; judgment. 804. Recovery, when had. 805. Action by party against rioters; lien etc. Section. 806. Action by city or county. 807. Damages claimed: action when brought. 808. City or county settling claim: pro- cedure. 30 . Roads and Bridges. Section. 809. Highway commissioners’ certificate; extension of tax ; collection and payment. Section. 810. Town or village tax, 811. Bridges, sidewalks etc., injury to. 812. Recovery of premises, mode of. 31 . Sale of Property. Section. 813. Cities and villages may sell, when and how. Section. 814. Ordinance to pass; bids received, ac- cepted or re fused. 815. Deeds of conveyance. 32 . Schools. Section. 816. Board op directors, powers of. 817. Cities and villages subject to general law, when. 818. Board of education, how constituted; membership. 819. President, election of and term. 820. His duties. 821. Members elected annually. 822. Election; notice and form of. 823. Notice not given. 824. Election, how conducted. 825. First election, under this aet. 826. Board; its duties and powers. 827. Money expended only on yea and nay vote. 828. Powers exercised at meeting, regular or special. 829. School trustees hold title to realty, in trust. 830. Moneys held as a special fund, sub- ject to order of board. 831. Schools under special charters may adopt this act; procedure. 832. Elections and organization hereunder. 833. Cities of 10,000 inhabitants; term of board; present incumbents. "834. Membership; eligibility. 835. OfiScers and employes, duties and compensation. 836. Record of proceedings. 837. Board’s powers and duties, when council concurs. 838. Board’s powers. 839. Board’s duties. 840. Exercise powers only at board meet- ings. Section. 841. Council vested with title to realty, in trust. 842. Moneys held as a special fund, sub- ject to board’s order. 843. Expended only on specified receipts and appropriations. 844. Board exclusively governs schools. 845. Fines and forfeitures applied. 846. Liabilities; wrongful use of funds. 847. Use of fund in aid of sectarianism. 848. Exclusion of child, for color. 849. Statute, how construed. 850. Judgment; execution; mandamus. 851. Compensation, not allowed. 852. Officers hold over, when, 853. Directors, appointment in certain cases, 854. How appointed. 855. Organization; powers and duties. 856. Tax for school purposes. 857. Board of education under special act. 858. Petition — election. 859. Repealing clause. 860. Emergency. 861. Assumption of debts created by city. 862. Cities of 20,000 to 100,000; control of schools. 862a. Taxation. 862b. Record of proceedings. 862c. Emergency. 862d. Compulsory education — attend- ance required. 862e. Violation of act — penalty. 862f. Truant officers. 862g. Recovery of penalties, 862h, Evasion of statute. XVI Table of Contents. SKCTIOIt. 8G:L Conveyance of school property to school officers. HG4. Non user; reversion, reconveyance. bGo. Trustees, under special charters, ac- count and cease. 800. llepealiug clause. Srction. 807. Conveyance of realty for school pur- poses. 808. Election of trustees, expense how paid. 869. Election of directors, expensehowpaid 870. Tax levy for. 32a. Sparrows. Section. 870a. Bounty for killing. 870b. Application for bounty, how made. 870c. Payment, how made. Section. 870d. Killing of other birds, penalty. 870e. Entomological bulletins. 670f . Bounty certificate wrongfully issued. 33. Streets. Section. 871. Sidewalks, by taxation. 872. Ordinance for provisions of. 878. Owner’s neglect to construct, pro- cedure. 874. Special tax, clerk’s duty. 875. General officer to collect, take judg ment under revenue laws 876. When constructed by owner; certifi cate. 877. Vacation of streets etc.; vote re- quired. 878. Rights of adjoining owners. 879. Right of United States to purchase or condemn. 880. Jurisdiction; exemption from taxa- tion. 881. Street or alley closed. 882. Drives, to public parks 888. Taxes; special assessments etc. 884. Control by park commissioners. 885 Reversion, when. Section. 886. City etc. may cede control to com- missioners. 887. Pleasure driveways ; establish- ment of. 888. How laid out etc. 889. Control thereof. 889a. Driveways, improvements etc. — as- .sessments — instalments. 889b. Driveway extension on bed of lake Michigan. 889c. Plans and estimates — consent of property owners. 889d.Conslructioii — submerged lands — title to and conveyance of. 889e.Con.structed — inuring of title. 889f. Srreet extensions stop at way. 890 Elevated railroad; use by. 891 When street more than a mile. 892 Repealing clause. 898. Streets; publications prohibited on. 894. Exhibition of such on street. 895. Sale thereof through minors. 34. Telegraph Companies. Section. 896. Eminent domain; exercise of right. 897. Poies, erection of. 898. Poles, in streets. Section. 899. Injury to, penalty. 900. Attachments to building. 35. Township Organization. Section. 901. Organization as a town of territory of city. 902. Town in city. 908. Election of officers. Section. 904. Council, powers of. 905. City council, may provide. 906. Justices; regulation of number of. 907. Vacancies in office. 36. Water Works. Section. 908. Power to supply water; contracts. 909. Money borrowed; tax 910. Works, acquisition of property for. foot page xvi Section. 911. Rules; tax; assessment; lien. 912. Special assessments. 918. Separate fund. Table of Conteni’s. xvn Se(^tion. 914. When statute not apply. 914a.Pnrcliase or leasing of water works- election. 914b.Borrow money — tax, levy and col- lect. 915. Assessments by instalments; bonds. 916. Instalments, when payable; interest. Section. 917. Assessments already ordered; statute applies to. 918. Contract for water, power. 919. Tax therefor. 920. Securing supply; power as to. 921. Board’s power; raising money, power, 921a. Rates and charges for supply, fixing of. 922. Water fund and light tax. III. FORMS AND PRECEDENTS. 1. Organization of cities. 2. Legislative department. 3. Elections. 4. Enforcement of penalties and licen- ses. 5. Officers. 6. Finance. 7. Special assessments and taxation. 8. Organization of villages. IV. INDEX. X CONSTITUTIONAL PROVISIONS. ARTICLE II. Bill of Kiohts. Section 8. Arrest and detention. No person shall be held to answer for a criminal oft'ense unless on indictment of a grand jury, ex- cept in cases in which the punishment is by fine or imprisonment otherwise than in the penitentiary, in cases of impeachment, and in cases arising in the army and navy or in the militia when in actual service iibtime of war or actual danger; provided that the grand jury may be abolished, by law, in all cases. § 11. Grade of penalty. All penalties shall be proportioned to the nature of tlie offense . . . 1. The statute of 1888, increasing punishment on subsequent conviction for further offenses, is not in violation of these sections ; Kelly v. People, 115 III., 586. § 13. Eminent domain. Private property shall not be taken or damaged for public use without just compensation. Such compensa- tion, when not made by the state, shall be ascertained by a jury, as shall be prescribed by law. Tlie fee of land taken for railroad tracks, without consent of the owners thereof, shall remain in such owners, subject to the use for which it is taken. 1. This section prohibits legislation imposing on any person — natural or artificial — not acting under license or by virtue of a franchise, the burden of buying property or hiring labor to furnish public statistics, save on due compensation; Millett «. People, 117 111., 298. 2. This section does not confer the right to take — it recognizes and limits the right; L. S. & M. S. Ky. Co. v. C. & W. I. RR. Co., 97 111., 506. 3. This section operated in presenti, without legislative action — it is not merely prospective in its effect; People v. M’Roberts, 62 111., 38. 4. The constitution limits the right to exercise the power of eminent domain; Chicago V. Lamed, 34 111., 203. 5. The right of eminent domain is in the exercise of a sovereign power; it may be exercised by the legislature, ad libitum, if just compensation be made; Johnson r. Joliet etc. RR. Co., 23 111., 202. 6. Apart from the exercise of the taxing power, property can be taken to satisfy a special assessment, only, under the power of eminent domain; Chicago v. Lamed, 34 111., 203. 7. The phrase "private property”, includes the right of user and enjoyment of tho property; E. St. L. v. O’Flynn, 19 App., 67. 2 liiLL OK Kioirrs, 8. .lust conijxMisation is an indemnity for all the land owner may suffer from all the futuni cons(!(|uenc(!S of the careful and prudent use of the ])ro])osed structure or imju'oveimmt: ('. & 1. lill. Co. v. Loeh, 118 111., 200; a sum allowed and paid one, whose property is taken, e(ptal to the value of that which is taken; Chi. & A, KR. (’<). r. (ioodwin, 111 111., 280. 0. O'he damages contemplat(;d, to privat(i y)roi)erty, by this section are such as are actual, real and present; Kberhart v. (’., M. & 8t. P. Ry. ('o., 70 111., 047. 10. O'he clause, luueof, which provides as to the damage of f)rivat(i ]>roperty is to be interpreted in a reasonable and practical manner. If the property be not taken, the damage must be real — not speculative. If the ])ro])erty shall not be worth less by reason of the doing of the thing — laying a railroad track in a street — the abut- ting owner is not entitled to damages; Page v. C., M. & St. P. RR. Co., 70 111., 024; C. A P. RR. ('o. V. Francis, 70 111., 288. 11. The compensation for property damaged, as well as taken — when not made by the state — must be ascertained by a jury; Kine v. Defeubaugh, 04 111., 291; Peo- ])le r. M’Roberts, 02 111., 88. 12. The power of eminent domain can be exercised, only, by making just compen- sation; Chicago ». Lamed, 84 111., 208. 18. The determination of what is “ just compensation ”, under this section, involves ft judicial question; ('ook v. S. P. Com., 01 111., 115; Rich v. Chicago, 59 111., 280, 14. The exercise of the power of eminent domain can not be so al)ridged as to pre- vent the legislature from appropriating the property and franchises of incorporated companies, where the public exigency demands it. Whatever exists in any form — tangible or intangible — is subject to the exercise of this power; Met. C. Ry. Co. v. Chi. W. D. Rv. Co., 87 111., 817; as to an estate for years; Chicago v. Garritv, 7 A])])., 474. 15. Private ])roperty can be condemned to public use, by a municipal corporation, only for some pur])o,se specifically named in the law and within the proper scope and meaning of the delegated authority; E. St. L. o. St. John, 47 111., 4U8, 1(). A party seeking condemnation of laud to public use acquires no vested right, under the judgment, until the payment of the damages awarded, or the deposit of the money to his use. The rights of the parties are reciprocal; the laud owner has no vested right in the damages assessed until the sum thereof is paid or deposited. In the case, however, of the taking or damaging of property, with the owner’s consent, before compensation made, such owner has a vested right in the compensation when awarded; Chicago v. Barbiau, 80 III., 482; Beveridge r. W. Chi. P. Com., 7 App., 460, 17. If the land of an individual be condemned to a public use — as a city park — until the damages assessed are paid there can be no occupation for the purposes of the condemnation; it has, however, been held that such damages may be paid by benefits accruing to the owner; People v. Williams, 51 111., 63; People v. M’Roberts, 62 111., 88; see, also, Rockf. etc. Co. v. Coppinger, 66 111., 510. The doctrine of eminent domain is not applicable to the levy and collection of a tax — but only to the condemnation of property; IIe.ssler r. Drain. Com., 58 III., 105; Harward v. Drain. Co., 51 111., 180. 18. Injunction will not issue to re.strain the use of a railroad track upon a public street — although the operating company may be insolvent — until the adjoining land owner’s damages shall be ascertained and paid; P, & R. I. Ry. Co. v. Shertz, 84 111., 185. 19. Title is divested by the taking of lands, condemnation effected and the assess- ment and acceptance, by the owner, of damages awarded; Rees v. Chicago, 88 111., 322. 20. A statute vesting in the corporate authorities of cities, towns and villages the power to tax contiguous property for the constructing of sidewalks and with a dis- cretion to determine whether the improvement shall be by taxation of contiguous property or by special assessment — by levy for the cost of the walk in front of the ])roperty or by levy of a tax proportioned to value, frontage or superficial area — is not unconstitutional; White v. People, 94 111., 604. 21. An assessment for improvements made on the basis of the frontage of lots on the street to be improved is invalid, containing neither the element of equality nor uniformity, if assessed under the taxing power; it is equally invalid, if in the exer- cise of the eminent domain, no compensation is provided; Chicago v. Lamed, 84 111., 203; Chicago Baer, 41 111., 306; Ottawa w. Spencer, 40 111., 211. These cases are not authority, under this section; White v. People, 94 111., 604. LecUSLATIVE I)EI‘AUT.MKNT. 22. 'I ll ' limitation of this section lias reference, only, to the exercise of the power of eminent domain — not to the special taxation of contiguous }>roperty for local im- provement, bv cities, towns and villages; People -y. Stuart, 97 111., 12)1; White v. Peoiile, 97 Ilf., 123. 23. 'I'he general sections of the constitution, as to r(» venue (art. 9, §§ 1, 9), do not ajiply to the case of the making of local improvements by special taxation by the corporate authorities of cities, towns and villages. In respect of this matter there is 11 ') limitation as to eiiuality and uniformity in the constitution of 1870; White v. Peo- ])le. 94 111., 604. 24. 'riiis section is not violated by levy of special assessment to improve a city or village street in advance of the acquisition of the land for the street; Holmes v. Hyde Park, 121 111., 128. 25. The property of corporations, in so far as concerns the ownership thereof and the ])rofit to be made from its use, is private property; although applied to a use in which the public has an interest; L. S. & M. 8. Hy. Co. v. C. & W. I. RR. Co., 97111., 506: S. C., 100 111, 21. 26. Constructing a track across a street on which another company has its track — though on the same grade — is a taking under this section; C. & W. 1. RR. Co. v. C., St. L. & P. RR. Co., 15 App., 587. § 17. Public assembly. The people liave the right to assemble in a peaceable manner to consult for the common good, to make known their opinions to their representatives and to apply for redress of grievances. 1. A mere order to a lawful assemblage of persons, peaceably conducted, to disperse will not excuse the throwing of a bomb among a body of policemen giving the order; Spies v. People, 122 111., 100. AKTICLE lY. § 4. Disqualification for office. Yo person who has been or, hereafter, sliall be, convicted of bribery, perjury or other infamous crime, nor any person who has been or may be a collector or holder of public moneys, who shall not have accounted for, and paid over, ac- cording to law, all such moneys due from him, shall be eligible to the general assembly, or to any office of profit or trust in this state. § 20. State aid prohibited. The state shall never pay, assume or become responsible for the debts or liabilities of, or, in any manner, give, loan or extend i^s credit to or in aid of any public or other corpo- ration, association or individual. § 22. Local or special legislation. The general assembly shall not pass local or special laws in any of the following enumerated cases, .that is to say, for . . . changing the names of persons or places ; . . . vacating roads, town plats, streets, allej^s and public grounds ; . . . regulating the jurisdiction and duties of justices of tlie peace, police magistrates and constables ; incorporating cities, towns or villages, or changing or amending the charter of any town, city or village ; . . . providing for the management of common schools ; . . . the open- ing and conducting of any election or designating the place of voting ; . . . remitting fines, penalties or forfeitures ; creating, increasing or decreasing fees, percentage or allowances of public officers, during the term for which said officers are elected or appointed ; . . . grant- 4 l^LL OF liHaiTS. in^ to any (corporation, association or iinJividiial tlie riglit to lay down railroad tracks, or amending existing charters for such ])urpose. 1. (JeiKu-al laws are tliose which n^late t(j or bind all within the jurisdiction of the law making ])ower, limited as that ])ower may be in its territorial operatioii, or by constitutional n^straint; Peo|)le (k)oj)er, 83 111., 58o. 2. A statute, can not be gem;ral — in any correct sense of the term — which by reason of a local option is repealed or which — it being the same in effect — has its vitality, as a law, suspend(‘d in one locality but remains in full force in another locality of ]>re- cisely the same kind, there existing in both a proper subject matter on which the statute might operate; or in the same locality, is law or is not according as may suit the varying fancy of the local authorities; People v. Cooper, 83 111., 585, 3. A general law may be made to depend on some contingency — as a popular vote of a city etc. — as to when it takes effect in a particular locality; P(;ople v. Hoffman, 116 111., 594. 4. A law is not local or special when it is general and uniform in its operation upon all in like situation; People v. Hazelwood, 116 111., '322. 5. Designating counties, as a class, according to a minimum population, which makes it absolutely certain that but one counkv, within the state, can avail of the law made applicable to the class, is to be regardetl as a mere device to evade the provision forbidding special legislation; Devine v. Co. Comm., 84 111., 590. 6. The clauses, of this section, which prohibit the passing of local or special laws incorporating cities, towns or villages, or changing or amending the charter of any city, town or village, is applicable to and restrictive of the general assembly in the enactment or amendment of charters for cities and villages. The prohibition has no reference to past legislation; the provisions simply prescribe the limitations on fu- ture legislation in this respect; Covington v. E. St. L., 78 111., 548. 7. This section did not design to repeal or change charters of cities, towns and villages in force before its adoption; it merely provides that such charters shall not be enacted, changed or amended save by general law; Cuild v. Chicago, 82 111., 472. 8. This section simply prescribes the future legislation in respect of the incorpora- tion of cities, towns or villages. It is applicable to and restrictive of the general assembly, in the enactment or amendments of charters for cities and villages; Coving- ton E. St. L., 79 111., 598. 9. Statute of 1877, to regulate the practice of medicine, is not invalid as being local or special; Williams v. People, 121 111., 87. 10. This section does not name “drainage ” in the direct prohibition of special or local legislation; Owners etc. c. People, 113 111., 314. § 23. Release of obligations prohibited. The general assem- bly shall have no power to release, or extinguish, in whole, or in part, the indebtedness, liability, or obligation of any corporation, or indi- vidual, to this state, or to any municipal corporation therein. 1. This section was not intended to embrace a release of claims doubtful or hazard ous, which the state may hold against a municipal, or other, corporation; Burr v. Carbondale, 76 111., 455. §28. Officer — his term. Xo law shall be passed which shall operate to extend the term of any public officer after his election or appointment. § 31. Drainage. The general assembly may pass laws permitting the owners of lands to construct drains, ditches and levees, for agricul- tural, sanitary or mining ^^urposes, across the lands of others and pro- vide for the organization of drainage districts and vest the authorities thereof with power to construct and maintain levees, drains and ditches, and to keep in repair all drains, ditches and levees, heretofore constructed under the laws of this state, by special assessments upon the property benefited thereby. [As amended, by ])opular vote, l^o- vember, 1878. O I’l'ICEllS. 5 1. The legislature is powerless to invest coiuinissioners or juries appointed by the county clerk, with authority to assess and collect taxes or special assessments for the construction of a levee to prevent the overflow of lands; Updike i). Wright, 81 111., 49. 2. This section does not require the corporate authorities of drainage districts to be elected by the ])eoi)le of the districts; Huston t. Clark, 112 111., 849. 3. This section imposes no limitations on the legislature as to the agencies to be used in creating a drainage district. The legislature may declare who shall be the corporate authorities of such districts; Owners etc. v. People, 113 111., 304. 4. This section places no limitation on the legislature as to the mode of forming drainage districts or as to the agencies to be used in their creation; Huston «. (dark, 112 111., 348. 5. This section, giving a grant as~to drainage, is unrestricted in terras; it carries, by implication, all powers to make the general grant effective to accomplish the re- sult intended; as to the mode the legislature is sole judge; Kilgour o. Drain. Comm’rs, 111 HI., 350. 6. This section, as amended, 1878, does not restrict the legislature in the exercise of the power conferred to the mode prescribed by or the agencies and instrumentali- ties designated by drainage acts of 1879; Hyde Park v. Spencer, 118 111., 449. 7. This section, as amended, 1878, confers authority on the legislature to pass the city and village drainage law of 1885; Hyde Park v. Spencer, 118 111., 449. 8. A special assessment for drainage can only be made on property to be benefited and it can not exceed the benefit to be derived; Comm’rs v. Kelsey, 120 111., 483. ARTICLE Y. § 25. All civil officers, except members of the general assembly, and such inferior officers as may be by law exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation : I do solemnly swear (or affirm, as the case may be,) that I will support the con- stitution of the United States, and the constitution of the state of Illinois, and that I will faithfully discharge the duties of the office of according to the best of my ability. And no other oath, declaration or test shall be required as a qualifi- cation. 1. The common law recognizes any mode of swearing a witness that the witness believes to be binding on his conscience ;'M’ Kinney v. People, 2 Gilm., 541. 2. Oaths are to be administered to all persons according to their opinions, and as it most affects their consciences; Gill v. Caldwell, Breese, 53. 3. The election law of 1885, applicable to cities and villages, as to the appointment of election commissioners from each of the two leading political parties, does not es- tablish a political test of office repugnant hereto; People v. Hoffman, 116 111., 594. ARTICLE VI. § 1. Judicial powers. The judicial powers, except as in this article is otherwise provided, shall be vested in one supreme court, cir- cuit courts, county courts, justices of the peace, police magistrates and such courts as may be created by law in and for cities and incorporated towns. 1. This section, by the exception therein, refers to section 11 of the article author- izing appellate courts and probate courts in certain counties; Berkowitz v. Lester, 121 111 ., 101 . G Judicial Powers. 2. Tlie judiciary can exercise no autliority or power, except such as is clearly granted by tlui constitution; People?;. Salomon, 51 111., 49; Field t'. Peoi)le, 2 Scam., 79. 3. When a pro{>erty right is (Iravvn in ([U(;stion, in a legal ])roceeding, depending on an alleged usurpation of power, by either the legislative or executive department of the governimmt, and not with respect to a matter of which such department is constituted tlie sole Judge, the ultimate determination of such (question belongs to the Judiciary ; Dodge Cole, 97 111., 338. 4. Tin; courts provided for execute their powers in conformity with the common law or in the mo(h; prescribed by the legislature; they can not make law; but, only, declare what the law is, as applied to a given state of case; they may— in the ab- sence of legislation — make and enforce rules of practice, ])unish for con tern [)t and ex- ercise such powers as are necessary to the elficient transaction of business given them to perform; Dodge v. Cole, 97 111., 338. 5. It is competent for the legislature to establish inferior courts of civil and crim- inal Jurisdiction in cities and to prescribe the qualifications of the Judges thei’eof ; l^eople Wilson, 15 111., 388. 0. A clerk of court can not be authorized to perform a Judicial act — as to render a judgment, by default, in vacation; Hall v. Marks, 34 III., 358. 7. The Jurisdiction of a city court is designed to be limited to territory within the limits of a city — not to extend to the limits of the town; People P^vans, 18 111., 301. 8. The statute of March 26, 1874, re];eals all prior laws creating city courts; such old courts no longer exist: PTantz o. P'leitz, 85 HI., 305. 9. See Additional Laws — City Courts. § 21. Justices of the peace etc. Justices of the peace, police mag- istrates and corisiables sliall be elected in and for such districts as are, or may he, provided by law, and the jurisdiction of such justices of the peace and police magistrates shall he uniform. 1. A provision in a charter of a town giving tlie police magistrate, in certain con- tingencies, power to issue process against the body of an offender, for the satisfaction of the judgment against him for violation of an ordinance is not in violation of this — or any — constitutional provision. It is valid; Brown v. Jerome, 102 111., 371. 2. The constitution does not require that the districts, within the limits of which the Jurisdiction of Justices of the peace and police magistrates is restricted or con- fined, shall be of uniform size; but, that such districts shall be created by counties or townships; and not partly of each — so that their Jurisdiction throughout the state shall be co-extensive with the counties in which they are elected, or limited to town- ships — if townships are adopted as the basis for districting. Thus, where a statute (1881), in relation to Justices of the peace, created each county in the state — except Cook county — a district, and made two districts of Cook county and limited the jurisdiction of such officers within such districts, the act was held to be in violation of this section; People v. Meech, 101 111., 201. § 2S. Justices in Chicago city. All justices of the peace in the city of Chicago shall be appointed by the governor, by and with the advice and consent of the senate (but, only upon the recommendation of a majority of the judges of the circuit, superior and county courts), and for such districts as are now or shall hereafter be provided by law. They shall hold their offices for four years and until their successors have been commissioned and qualified, but they may be removed, by summary proceeding in the circuit or superior court, for extortion or other malfeasance. . . . 1. Police magistrates are Justices of the peace; this section abolished the office of police magistrate in Chicago; People Palmer, 64 111., 41; see People v. Meech, 101 111 ., 201 . §32. Officers — residence and compensation. All officers pro- vided for in this article shall . . ., respectively, reside in the division, Suffrage. 7 circuit, county or district for which they may be elected or appointed. . . . All officers, where not otherwise provided for in this article, shall perform such duties and receive such compensation as is or may be provided by law. . AKTICLE yil. § 1. Right of suffrage. Every person having resided in this state one year, in the county ninety days and in the election district thirty days next preceding any election therein, who was an elector in this state on the first day of April, in the year of our Lord 1848, or obtained a certificate of naturalization before any court of record in this state prior to the first day of January, in the year of our Lord 1870, or who shall be a male citize!i of the United States, above the age of twenty- one years, shall be entitled to vote at such election. • 1, It is not an unreasonable regulation of the riglit to require one who seeks to ex- ercise it to establish his right three weeks before election day; People v. Hoffman, 116 111., 594. 2. This article — as to suffrage — is not violated, by the drainage act, in authorizing the owners of land to elect commissioners irrespective of their residence or sex; Davenport v. Drain. Comm’rs, 25 App., 92. § 2. Vote by ballot. All votes shall be by ballot. § 3. Privileges of electors. Electors shall in all cases, except treason, felony or hreacli of the pence, be privileged from arrest during their attendance at elections, and in going to and returning from the same. And no elector shall be obliged to do military duty on the days of election, except in time of war or public danger. § 5. Excluded persons. No soldier, seaman or marine in the army or navy of the United States shall be deemed a resident of this state in consequence of being stationed therein. §6. Offices — persons excluded. No person shall be elected or appointed to any office in this state, civil or military, who is not a citi- zen of the United States and who shall not have resided in this state one year next preceding the election or appointment. ARTICLE YIII. § 3. Neither the general assembly, nor any comity, city, town, town- ship, school district, or other public corporation, shall ever make any appropriation or pay, from any public fund whatever, any thing in aid of any church or sectarian purpose, or to help, support, or sustain, any school, academy, seminary, college, university, or other literary or scientific institution, controlled by any church or sectarian denomina- tion whatever; nor shall any grant, or donation of land, money, or other personal property ever be made by the state, or any such public corporation, to any church or for anj^ sectarian purpose. 8 Schools — Taxation. 1. 'I'liis section is self oxecnf in^;-; Cook CV). d. Chi. Imliistrial Sell., 12o 111., r>4:j. 2. 'I’liis section proliiliits tln^ apinopriation of imblic moneys to “ sectarian ” insti- tutions by donation or by payment for services rendered; Cook Co. v. Chi Ind Sch 12o 111., 543. 3. This .siiction does not jn-ohibit the tem{)orary use of a school liouse for religions worship. 'I'he incidental use thereof, for the holding of religious meetings — not interfering with school uses — is not, in reason, inconsistent with its faithful application to smdi school ]mrpos(;s; nor is such use a payment or appropriation of any part of a imblic fund in aid of a church etc.; Nichols v. Sch. Dir., 1J3 111., 01. 4. d'o pay rent to a church organization for u.se of a school room, is not within the lirohibition heri'of; Millard r. Board etc., IIJ App., 48. 5. Ther<‘ is no thing in the statute of 1871) “to aid industrial schools for girls ” whicdi authoriz(;s or contemplates the organization of these schools for sectarian pur- poses, within the meaning of this section. On the contrary the act expressly |)ro- hibits such. If, notwithstanding the inhibition of the act, such a school should ho ])rostitnted to any church oi- sectarian purposes, the law affords ample means for a speedy correction for such an abuse of the act; M’Lean Co. t. Humphreys, 104 111., 381. 0. A school at which the doctrines of a particular church or sect* are taught and where all religious exercises are those of such church, is a “ .sectarian ” institution within this section; Cook C'o. r. ('hi. Ind. Sch., 125 111., 543. § 4. School officers not to be interested in contracts. No teacher, state, county, township or district school officer shall be inter- ested in the sale, proceeds or profits of any book, apparatus or furni- ture used or to be used in any scliool in this state, with which such officer or teacher may be connected, under such penalties as may be provided by tlie general assembly. AETICLE IX. § 3. Exemption from taxation. The property of the state, coun- ties and other municipal corporations, botii real and ]:>ersonal, . . , may be exempted from taxation ; but such exemption shall be only by general law. ... 1. This section exempts no property from taxation; it merely authorizes the legis- lature, by general law, to exempt certain i:>roperty; People v. Anderson, 117 111., 52. § 6. Release from taxes prohibited. The general assembly shall have no ]mwer to release or discliarge atiy county, city, township, town or district whatever, or the inhabitants thereof, from their or its pro- portionate sliare of taxes to be levied for state purposes, nor shall com- mutation for such taxes be authorized in any form whatsoever. § 9. Municipal taxation and special assessment. The general assembly may vest the corporate authorities of cities, towns and villages with power to make local improvements by special assessments, or by special taxation of contiguous property, or otherwise. For all other corporate purposes, all municipal corporations may be vested with authority to assess and collect taxes ; but such taxes shall be uniform in respect to persons and property, within the jurisdiction of the body imposing the same. 1. This section modifies section 1 of this article, as to taxation hy valuation, so that every person shall pay a tax in proportion to his property. That section does not apply to local improvements by cities, towns and villages; \Vhite v. People, 94 111., 604. Taxation. 9 2. A tax for a “corporate purpose”, is for that which will promote the general prosperity and welfare of the inunici})ality which levies it; 'I'avlor r. Thompson, 42 111 .,!). ;i. Municipal taxes are regulated by this and the following sections. The sections of this article which i)recede this relate to state and county revenue aud not to city and village taxation; Braun v. Chicago, 110 111., 100. 4 'Pile clause limiting municipal taxation applies only to cities, towns and villages; Wetherell r. Beviue, 1 lO 111. , C81. 5. This section authoiizes the legislature to invest cities, towns and villages with pow(‘r to make local improvements by special assessment or by special taxation upon contiguous property to be benefited; it prohibits the conferring of such power on other corporations — municipal or private; Updike v. Wright, 81 111., 49. 0. The words “special assessment”, in this section, mean an assessment on pro- perty specially benefited — without regard to contiguity. The words “contiguous ])iO])ertv ” apply to bpeciai taxation, not to special assessments; Guild v. Chicago, 82 111., 472. 7. The rule of uniformily of taxation must be applied not only to the rate of taxa- tion and to the district to be taxed, but, also, to the property subject to taxation; C. & A. KK. C’o. r. Livingston Co., 68 111., 458; Lee i\ Ruggles, 62 111., 427; Primm v. Belleville, 59 111., 142. 8. The limitation on the exercise of the power of eminent domain (art. 2, § 13) has no reference to special taxation of contiguou.s property for local improvements by cities, towns and villages; White v. People, 94111., 604; People Stuart, 97 111., 123. 9. Special taxation is based on the supposed beneht to contiguous property; it dif- fers from special assessment, only, in the mode of ascertaining the benefits. In spe- cial taxation, the imposition of the tax is, per se, a determination that the benefits to contiguous property will be as great as the burden imposed; while, in the case of special assessments, the property to be benefited must be ascertained by careful in- vestigation and the burden must be distributed according to a careffully ascertained proportion, in which each part thereof will be beneficially affected; Craw v. Tolono, 96 111., 255. 10. The cases of Chicago v. Lamed, 34 111., 203, and Ottawa i\ Spencer, 40 111., 21i were decided under the constitution of 1848; they are of no authority hereunder, the particular limitation of the constitution of 1848 not being contained herein; White r. People. 94 111., 604. 11. While this section is to be construed as a limitation on the power of the legis- lature to authorize any other than corporate authorities to asse.ss and collect local taxes, it does not confine the legislature to any particular corporate authorities. General assembly may create every conceivable description of corporate authority, aud, when created, endow them with all the facilities and attributes of other pre- existing corporate authorities (see Const., 1848, art. -9, § 5); Harwood v. St. Clair Dr. Co., 51 111., 130; Peoples. Salomon, 51 III., 38. 12. The supervisor and assessor of a town are corporate authorities of the town to make local special assessments for local improvements, within this section; People v. Gage, 83 111., 486. 13. An assessment oti property in one town, for a local ini])rovement in another town, is not within the meaning of this section, as a local improvement; Hundley v. Comm’rs, 67 111., 259. 14. Notwithstanding the provision of constitution of 1848 (art. 9, § 5), that the cor- porate authorities of cities may be invested with power to assess and collect taxes for corporate puri)oses, there may be cases where the legislature, Avithout the con- sent of the corporate authorities, might impose taxes; if required by the general good government of the state. Such taxes would not be merely and only for corpo- rate purposes; People c. Mayor etc., 51 111., 18; Livingston r. Wider, 53 111., 302. § lU. State taxation for municipal purposes prohibited. The general assembly shall not impose taxes upon nmnieipal corporations, or the inhabitants or property thereof, for corporate purposes, but shall rerpiire that all the taxable property within the limits of munici- pal corporations sliall be taxed lor the jiayment of debts contracted under authority of law, such taxes to be uniform in respect to persons 2 10 Taxation. and pro])crty, within the jurisdiction of tlie body imposing the same. Private jiroperty shall not he liable to he taken or sold for the payment of the corpoi’ate debts of a municipal corj)oration. 1. Th(‘ h'^isljituro can not compel a niunicii)al corporation to incur a del)t or issue its bonds lor a loc^al purpose, without its consent — the le^^islature is not aiitliori/.ed to cH'ate a debt lor it; Ituggles w. J^eople, Jll 111., 250; Williams c. Roberts, SS HI , 11. 2. The ])ower to imjKjse a corix^rate debt, or tax, on a portion of the per.sons and property of a corporate body is expressly forbidden; Primm v. Belleville, 5!) 111., 142; Madison Co. P«;ople, 58 HI., 456. 3. The power to control municipal corporations and to amend etc. their charters etc. can not be so used as to compel such a corporation to incur a debt, without its consent for the creation of a public ]>ark or other improvement; Lovingstou v. Wider, 53 HI., 302; llessler «. Drain. Comni’rs, 53 HI., 105; People v. Chicago, 51 HI., 58; People 0 . Salomon, 51 111., 38; People «. Mayor etc., 51 HI., 18. 4. The legislature (;an not delegate the right of corporate or local taxation to any but the corporate local authorities, (’oiporate authorities mean the municipal oflicers elected, by the people to be taxed, or ap]>ointed in some mode to which such people have assented; Ijce v. Ruggles, 02 111., 427; Cage v. (iraham, 57 111., 144. 5. The legislature can not grant the right to assess and collect munici[)al taxes unless to the corporate authorities of municipalities or districts to be taxed and for corporate purposes; then, not without consent of tax payers to be affected; Wetherell t). Devine, 110 111., 031. 0. A statute re(piiring a municipality to pay certain election expenses on warrant of the county judge does not violate a constitutional provision forbidding the levy of municipal taxes otherwise than bv its corporate authorities; Wetherell c. Devim?, 110 111., 031. 7. Taxes assessed by a municipality for election expen.ses in the corporation are for a corporate ])urpose; although some of such elections may be for other than city officers; Wetherell y. Devine, 116 111., 031. 8. A municipal corporation may levy a tax to pay the expense of collection and to meet deficiencies likely to occur, over and above the sum actually required to pay its debts etc,; Hyde Park 'd. Ingalls, 87 111., 11. § 11. Officers; eligibility and compensation. No person who is in default, as collector or custodian of money or property belonging to a municipal corporation, sliall be eligible to any oliice in or under such corporation. The fees, salary or compensation of no municipal officer who is elected or appointed for a definite term of office, shall be increased or diminished during such term. 1. If a county board has not fixed the compensation of the county clerk before his election, the i>ower to do so remains; such compensation may be fixed after his elec- tion and there will be no violation of this section; Purcell t. Parks, 82 111., 346. § 12. Limitation of indebtedness. No county, city, township, school district, or other mnnicipal coi’poration, shall be allowed to become indebted in any manner or for any purpose, to an amount, including existing indelitedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the last assessment, for state and county taxes, previous to the incur- ring of such indebtedness. Any county, city, school district, or other municipal corporation, incurring any indebtedness as aforesaid, sliall, before or at the time of doing so, provide for the collection of a direct annual tax sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal thereof within twenty years from the time of contracting the same. This section shall not be con- strued to prevent any county, city, township, school district, or other Taxation. 11 municipal corporation, from issuing their bonds in coin})liance with any vote of the people which may have been had pidor to the adoption of this constitution in pursuance of any law ]:>roviding therefor. 1. This section binds the corporation and the legislature; Dutton i\ Aurora, 114 111., 142. 2. Any corporate indebtedness created beyond the limit herein provided, and the evi- dences thereof are void. No tax can be levied aud collected to ])ay the same or the interest thereon. The prohibition extends to and embraces debts incurred to be paid on a future day, as well as those due aud payable at once; Law v. People, 87 Ill.,88o. 3. The power to borrow money or incur debts is not an incident of tlie corporate existence of a municipality; it can not be exercised unless conferred by law; one who loans money to such corporations must see that- the power to borrow exists; liaw v. People, 87 111., 385. 4. This provision, of the constitution, as to the non incurring of any debt without first providing for its payment, does not apply to a case where the authority to create the indebtedness was lawfully conferred, by a proper vote, before the adoption of this constitution; Ed. of Educ. i\ Bolton, 104 111., 222. 5. This section does not repeal a clause of city charter, granted prior to its adoption, prohibiting the city from contracting an indebtedness in excess of an amount less than five per cent, on the value of taxable property; East. St. L. r. People, 124 111., 660. 6. The saving clause of this section embraces donations as well as subscriptions and places them on the same footing; C. & I. KU. Co. t. Pinckney, 74 111., 277. 7. If it be possible for a city to create a valid and binding debt in excess of the limitation, it must be shown that such excessive debt is of such character that the law sanctions or it will be adjudged illegal and void; Law i\ People, 87 111., 385. 8. Under this provision, when a municipality shall have reached the limit of in- debtedness prescribed, it is prohibited from making any contract whereby an indebt- edness is created; even for the necessary current expenses in the administration of the affairs and government of the corporation; Prince v. Quincy, 105 111., 140; Prince V. Quincy, 105 111., 216. 9. A city may, for the purpose of paying current expenses, anticipate the collection of revenues already levied aud appropriated to the payment of such expenses, by drawing warrants on the fund thereto specially appropriated; E. St. L. v. Flauuigau, 26 App. , 449. 10. A debt payable in the future or payable on a contingency, or the happening of some event, as well as a debt payable presently and absolutely, is within the prohi- bition of this section; it is immaterial that the debt is for current expenses or some other thing; Springfield i\ Edwards, 84 111., 629. 11. A city, whose debt has reached the limit, can not incur corporate indebtedness in anticipation of the collection of taxes levied; Fuller v. Chicago, 89 111., 282. 12. Warrants drawn against a particular tax levied is not the c.reation of a debt; Fuller?). Heath, 89 111., 296. 13. The taxable value of property in a county under this section, on which the debt is computed, is the assessment made by the local assessor, not the valuation as fixed by the state board of equalization; People v. Hamill, 125 111., 603. 14. The provision as to the discharge of municipal indebtedness in twenty years, is self executing; East St. L. r. Peo])le, 124 111., 660. 15. This section repeals a clause of special city charter which provides for a tax collection not sufficient to pay the interest aud discharge the principal in twenty years; East St. L. i\ People, 124 111., 660. 16. The liability of a municipality of the negligence of its authorized agents is not within the limitation; Chicago c. Sexton, 115 111., 239. 17. The question of a city’s indebtedness in excess of the limitation, can not be raised in an action, against the city, to recover for a personal injury resulting from negligence; Bloomington v. Perdue, 99 111., 329. 18. The question of the power of a city to incur debt can not be raised to defeat a street improvement by special a.ssessment and general taxation, but only when the city seeks to incur debt; Jacks. By. Co. v. Jacksonville, 114 111., 563. 19. A tax payer may enjoin an increase of a city’s indebtedness, already beyond the limitation here placed thereon, for a jjurpose costing more than is thereto appro- priated ; Grayville c. Gray, 10 App., 120. Kailkoads and Wakp:housks. 12 20. A rosidont and tax payer of a iminicij)al corporation is entitled to an injunction to prevent the incurring of a ])rohibited indebtedness; VVrigbt v. Bisbop, 88 111., 302; {Springfield v. J'alwards, 84 111., G2G. AETTCLE XL § 4. Use of streets for railroads. No law shall be passed by the general assembly granting the right to construct and operate a street railroad witliin any city, town or incorporated village, without requir- ing tlie consent of the local authorities having the control of the street or liighway proposed to be occupied by such street railroad. 1. Tbe provision of tbis section ap^dies to borse railways; Metr. C. Ry. Co. v. Chicago, 9G 111., G20. AETICLE XIII. §1. Public warehouses. All elevators or storehouses where grain or other property is stored for a comyjensation, whether the property stored be kept separate or not, are declared to be public warehouses. § 2. Duties of warehousemen in cities etc. The owner, lessee or manager of each and every public warehouse situated in any town or city of not less than 100,000 inhabitants, shall make weekly state- ments, under oath, before some officer to be designated by law, and keep the same ])osted in some conspicuous place in the office of such warehouse, and shall also file a copy for public examination in such ])lace as sliall be designated by law, which statement shall correctly set forth the amount and grade of each and every kind of grain in such warehouse, together with such other property as may be stored therein, and what warehouse receipts have been issued and are, at the time of making such statement, outstanding therefor ; and shall, on the copy posted in the warehouse, note daily such changes as may be made in the quantity and grade of grain in such warehouse, and the different grades of grain shipped in separate lots shall not be mixed with infe- I'ior or superior grades without the consent of the owner or consignee thereof. 1. It is competent for tbe legislature to delegate to railroad and warehouse com- missioners, tbe power to control tbe matter of the inspection of grain; People v. Har- per, 91 111., 357. SEPAEATE AETICLE. Xo county, city, town, township or other municipality, shall ever be- come subscriber to the capital stock of any railroad or private corpora- tion, or make donation to or loan its credit in aid of such corporation ; Provided, however, that the adoption of this article shall not be con- Railroad Aid. 13 strued as affecting tlic right of any sncli municipality to make sucli subscriptions where the same liave been authorized, under existing laws, by a vote of the people of such municipalities prior to such adoption. 1 . The separate articles of the constitution, became a part of the organic law of the state from and after the 2d day of July, 1870, and a constituent part of the same eo instanti; People v. Bishop, 111 111., 130; Wade LaMoille, 112 111., 84; Donagho v. Richards, 06 111., 73; Schall v. Bowman, 62 111., 321. 2. lliis section rendered inoperative all prior laws which authorized the voting of aid to corporations; Wade v. Town LaMoille, 112 111., 85. 3w Where a municipal subscription to a railway company, made subsequent to the adoption of this section, is sought to be upheld, the burden of proof rests on the company to show, affirmatively, that the same had been authorized under existing laws, by a vote of the people of the municipality, prior to the adoption of this provi- sion; Jackson Co. v. Brush, 77 111., 59. STATUTES RELATING TO THE GOVERNMENT OF CITIES AND VILLAGES, AETICLE I. Of the Organization of Cities. Section. 1. How city may adopt this act. 2. Notice of election. 3. The ballots — result. 4. How towns may become cities. 5. Organizing a city — petition — election — result. G. Courts to take judicial notice of organi- zation etc. 7. Election of officers. Section. 8. When county judge to give notice of election etc. 9. Term of first officers. 10. Corporate name — powers. 11. Prior ordinances etc. in force until etc. 12. Eights etc. of old corporations to vest in new. 13. Record of result of election. 14. City register’s office abolished. AA ACT to provide for tlie incorporation of cities and villages. [Approved April 10, 1872. In force July 1, 1872. L. 1871-2, p. 218. 1. This is a general — not a local or special — law, notwithstanding there may be municipal corporations to which it does not apply; namely, such as were in existence at the time of the adoption of the constitution and have not, since, sought to have their charters altered or amended; Potwiu v. Johnson, 108 111., 73. 2. The object of this statute is to place all cities and villages, organized under it and of the same grade, upon a uniform and common footing witli respect to their corporate powers and the maimer of exercising them; Cairo p. Bross, 101 111., 478. 3. This statute is to be construed as an independent act, having no reference to, and being no amendment to any particular charter granted to city or village. It was intended to applv to all cities which might adopt it; Chi. P. & P. Co. v. Chicago, 88 111 ., 221 . Section 1. I>e it enacted hy the people of the state of Illinois^ represented in the general assembly as follows : ARTICLE I. Of the Organization of Cities. I. How city may incorporate under this act.] § 1. That any city now existing in this state may become incorporated under this Of the Organization of Cities. 15 act ill tlie manner following: Whenevei’ onc-oiglith of the legal voters of such city, voting at the last preceding iininicipal election, shall ]'>etitioii the mayor and council thereof to submit the question, as to whether such city shall become incorporated under this act, to a vote of the electors in such city, it shall be the duty of such mayor and council to submit such question to a vote of the electors of said city at the next ensuing mnnicijial election of said city or at a special election, and to give the notice required by law. [As amended by act approved June IT, 1887. In force July 1, 1887. L. 1887, p. 103. 1. See art. 4, ^ 0 (§ 56). 2. The fact that a law depends on some future event or contingency, for its taking effect, and that such contingency may arise from the voluntary act of others does not render it liable to the objection that it is a delegation of legislative authority to those on whose act the taking effect of the law depends; (fuild v. Chicago, 83 111., 473. 3. It is competent for the legislature to pass a law, the ultimate o})eration of which may, by its own terms, be made to depend on some contingency, as u])on an affirmative vote by the electors of a given district; Home Ins. Co. v. Svvigert, 103 111., 665. 4. A city adopting the provisions of this statute is governed l>y any amendment thereof; Uuild v. Chicago, 83 Hi., 473. 5. A statute which depends, for its validity, on a vote of adoption by the people may bo amended by subsequent legislation without any vote of the peoide: Wilcox v. People. 90 111., 186. 6. Municipal corporations are subject, at all times, to repeal or amendment, at the l)leasure of the legislature; Crook People, 106 111., 243; Fox v. Kendall, 97 111., 72; People t\ Brown, 83 111., 95; subject, at all times, to the control of the legislature; Springfield v. Power, 25 111., 190; Kichland Co. v. Lawrence Co., 13 111., 1. 7. The legislature may, at will, divest cities of police powers it has conferred and itself resume their exercise; Chicago Phoenix Ins. Co., 126 111., 278; Chicago v. Case, 126 111., 282 note. 8. When a proper petition is presented to the council of a village incorporated un- der a special charter, praying for an election, the council has no discretion to refuse to call an election, but, should act thereon at the earliest convenient moment; (xleii- coe -r. People, 78 111., 382. 9. The conditions of a call for an election must be shown to have been complied with; People v. Chapman, 66 111., 137. 10. A petition presented, in due form, to the mayor and council, was refused by the council. Thereupon the mayor gave notice of an election, to vote on the ques- tion of incorporation under this statute, fixing the time therefor. An election was held in accordance therewith and the result was in favor of organization under the law. The returns were duly canvassed and the result duly entered. City officers were elected. On contest of their election — by (]Uo warranto — it was held that their election was void, inasmuch as the election to become incorporated under the law xvas void, it not being called by the mayor and council; that the mayor was j)owerless to appoint it in the absence of affirmative action of the council. The mayor and council, only, can fix the time and place for such election and it is essen- tial to the validity of an election that it be held at the lime and place as provided by law. In this case it was held that the error of the proceeding was not cured by the •act of the council in canvassing the returns of the election and, by vote, approving of the action of the mayor; Stephens v. People, 89 111., 338. 11. A municipal election to determine the question of incorporation under this statute is not invalid for the reason that the ordinance calling for such election and the notices thereunder fail to submit, at the same time, the question of minority representation; The statute (art. 4, § 6) provides for that ; Chicago v. People, 80 111., 500. 2. Notice of election.] § 2. The mayor of such city shall at least thirty days’ notice of such election, by publishing a notice thereof in one or more newspapers within such city ; but, if no newspaper is ](> Ol-' THE OlUJANIZATION OF ClTIES. ))iiMibli(j(l tlitTcin, tluMi hy })ostiiig at least five copies of such notice in eacli ward. 1. S(Jo notes 10, 11 to tlio last ]>r(;cc(lin^ section. 2. A rail lire to state in tlie notice where the election shall be held, the places for hol(lin«r the (disTion bein^ in fact a])pointed, will not invalidate the election ; Cliicai^o V. Peojih;, 80 111., 500. 3. The ballot— result.] § ‘1. The ballots to be used at such election shall bo in the followiiu^ form: “ For city organization under general law ; ” or, Against city organization under general law.’’ The judges of such election shall make returns thereof to the city council, whose duty it shall be to canvass such returns and cause the result of such canvass to be entered on the records of such city. If a majority of the vmtes cast at such election shall be for city organization under general law, such city shall thenceforth be deemed to be organized under this act, and the city officers tlien in office shall thereupon exercise the powers conferred upon like officers in this act, until their successors shall be elected and qualified. 1. This section is not repugnant to the constitutional provision (art. 4, ^ 28) that “ no law shall bo ])assed which shall operate to extend the term of any public officer after his election or appointment.” It is true that such officers may have been elected for a definite time; they were, also, elected to hold their offices until their successors should be elected and qualified; Crook ®. People, 106 111., 242. 2. A majority of the votes cast at an election is sufficient to determine the question submitted; People v. Harp, 67 111., 62; M’Whorter r. People, 65 111., 290; Holcomb r. Davis, 56 111., 413; except where there is a requirement of a majority of the legal A'oters; Chestnut wood r. Hood, 68 111., 132; People w. Chapman, 66 111., 137; M’Whor- ter V. People, 65 111., 290. 3. Gross irregularities of judges of election, in conducting the election, may be cause for the rejection of the return from the ward in which they were committed; they can not render an election in a whole city void; Chicago «. People, 80 111., 500. 31. Where an act of the legislature is to be submitted to a vote of the legal voters of a designated district to be affected thereby, before it shall become operative, if the election is illegally held in certain precincts containing a majority of the voters of the district, the act will not be deemed to have been properly submitted and the result will not be declared on the votes legally cast; People v. Salomon, 46 111., 415. 4. When the laAv provides a mode for contesting an election that mode must be followed; courts of equity have no inherent power to try contested elections; Dickev ■y. Reed, 78 111., 262. 5. Equity has no power to restrain, by injunction, a board of canvassers from can- vassing the returns of an election, the statute under which the election was held not conferring such power — in terms or by implication — and Avhen there aie no facts before the court requiring it to take jurisdiction; Dickey /;. Reed, 78 111., 261. 6. The adoption of this statute, by a city organized under a special charter, is an abrogation of the special charter and determines the tenure of all offices under such special charter, except such as ai’e Avithin the saving clause; Crook r. Jayne, 106 111., 242; People v. Brown, 83 111., 95; M’Grath v. Chicago, 24 App , 19. 7. The “ officers in office ”, A\ffio “shall exercise the powers conferred upon like officers” etc. are those holding, under the special charter, Avho answer to the same officers provideil for in this statute. All other offices are abolished, eo instanti, by the adoption of the general law; Crook ■?). People, 106 111., 242. The ])rovision, in respect of this, means that the city officers elected at the preceding annual election shall remain in office until their successors are elected and qualified. It does not nu an those Avho may have receiA^ed the greatest number of votes at the same election by AAffiich this statute is adopted; Crook /;. People, 106 111., 242. 8. On organizing under this statute the city council of Chicago acquired the power to provide for the appointment of a city marshal and to vest him Avith the entire control of the police force, and to re-organize the police department, by ordinance Of the Organization of Cities. 17 and to give effect sucli ordinance. The authority of the hoard of^ police ceased; but an ordinance abolishing the board was not proper; Sheridan v. Colvin, 78 111., 237. 9. Generally, where an office is created by statute, it is wholly within the control of the legislature creating it. The length of term and mode of appointment may be altered, at pleasure, or the office may be abolished — unless forbidden by the consti- tution; People V. Lippincott, 07 111., 333. 10. General assembly may continue or create an office, without an express declara- tion that such office shall be continued or created; if the intention so to do be mani fested by requiring official acts to be performed by such officer or if provision is made for filling vacancies in such office; Wood i\ Blanchard, 19 111., 38. 11. It is competent for the legislature to repeal a law creating an office before the expiration of the term of the incumbent. After such repeal the officer is entitled to no further compensation; although his term of office — according to the provisions of the law, under which he was appointed — has not expired; People v. Auditor, 1 Scam., 537. 12. The existence of a municipal corporation can not be questioned collaterally — as in a proceeding to collect a fine; Kettering v. Jacksonville, 50 111., 39; Tisdale v. Minonk, 46 111., 9; Hamilton v. Pres’t etc., 24 111., 22; Pres’t v. Thompson, 20 111., 197. 13. The validity of the organization of a city, under this statute, can be determined, only, by a direct proceeding; quo warranto; Sheridan v. Colvin, 78 111., 237. 14. The question of forfeiture of a charter can be raised, only, by direct i)roceed- ing — quo warranto or sci. fa.; Whalin t. Macomb, 76 111., 49, 4. How towns may become cities.] § 4. Any incorporated town or vira^e in tliis state, having a population of not less than one thou- sand (1,000) inhabitants, may become incorporated as a city in like manner as hereinbefore provided; but, in all such cases the president and trustees of such town or village shall, respectively, perform the same duties relative to such change of organization as is above required to be performed by the mayor and council of cities. [As amended by act approved May 25, 1877. In force July 1, 1877. L,, 1877, p. 54. 5. Organizing a city — petition — election— result.] § 5. When- ever any area of contiguous territory in this state, not exceeding four square miles, shall have resident thereon a population of not less than one thousand inhabitants, which shall not already he included within any incorporated town or city, the same may become incorporated as a city in manner following ; Any fifty legal voters thereof may file in the office of the clerk of the county court, of the county in which such inhabitants reside, a petition, addressed to the judi^e of such court; and, if the territory described in said petition shall be in more than one county, then the petition shall be addressed to the judge of the court where a greater part of such territory is situated; which petition shall define the boundaries of such proposed city, and state the number of inhabitants residing within such limits, and also state the name of such proposed city, and shall contain a prayer that the question be sub- mitted to the legal voters, residing within such limits, whether they will organize as a city under this act. It shall be the duty of the county judge to fix a time and place, within the boundaries of such proposed city, at wdiich an election may be held to determine such question ; and such judge shall name the persons to act as ' edges in holding such election, and shall give notice thereof by causing ten notices to be posted in public places within such proposed city. And the third section of this article shall be applicable to such election; 3 ].S Ok the OiWANizATroN OF Cities. Provided, tiiJit tlie returns of sncli election sliall be made to and can- vassed by the county judge and any two justices of the peace wliom lie shall call to his assistance, instead of the city council ; and the re- sult of such election shall be entered upon the records of such county court. If a majority of the votes cast at such election shall be “For city organization under general law”, the inhabitants of such territory, described in such ])ctition, shall be deemed to be incorporated as a city, undei- this act, ami with the name stated in the jietition. 1. Seo art. 10, § 7, as to the enumeration of population. 2. See ^ H of tliis article, as to notice of election; in a certain contingency. 0. In the absence of constitutional limitation, tlie legislature has power to create municipal corporations, as well in regard to a town six miles square as to a village with less Territory; Laukman d. People, 02 111., 287; Castle v. People, 02 111., 287; Cn'cley r. Peo})le, 00 111., 19. 6. Courts to take judicial notice of organization etc.] § 6. All courts in this state shall take judicial notice of the existence of all vil- lages and cities organized under this act, and of the change of the organization of any city or town from its original organization to its organization under this act ; and from the time of such organization, or change of organization, the yirovisions of this act shall be applicable to such cities and villages, and all laws in conflict therewith shall no longer be ajiplicable ; but, all laws or yiarts of laws, not inconsistent with the yirovisions of this act, shall continue in force and applicable to any such city or village, the same as if such change of organization had not taken place. 1. Courts are required judicially to notice the fact of the incorporation of cities and villages under this chapter whether the city is seeking to enforce a municipal right or is sought to he held liable for non performance of a corporate duty; Rock Isl. Cuinelv, 120 111., 411. 2. Before tlie supreme court can take judicial cognizance of a change in the organi- zation of a city, or of an original organization under this statute, it must somewhere, in some way, ajipe^ar in the record that the city or its authorities are acting under such law; Brush v. Lemma, 77 111., 496. 8. Until there is an organization, by the election and qualification of the number of persons, being the several integral ])arts of the corporation, required by the act of incorporation, no municipal corporation is in existence; Ilavnes r. Washington Co., 19 111., 66. 4. This section preserves all laws and parts of laws not inconsistent with the gen- eral law; Cairo v. Bross, 9 App., 406. 5. This section intends to keep in force, only, laws conferring the usual and neces- sary corporate powers; Law v. People, 87 111., 385. It does not keep in force a charter amendment which authorizes the levy of a tax to create a fund for the entertainment of official visitors; Law v. People, 87 111., 385. 6. In a change from a special charter to the general law, all laws and parts of laws not inconsistent with the general law are, by this section, preserved. The thing saved must be a law or a part of a law. If the latter it must be such a substantive member that, having individual features, it can be treated as a distinct entity, capable of being imported into the new law without marring its harmony or uniformity; Cairo v. Bross, 9 App., 406. 7. Where two acts are seemingly repugnant they should, if possible, he so con- strued that the latest one shall not operate to repeal, by implication, the one first passed. A subsequent law, which is general, does not abrogate a former law which is special; Ottawa t. LaSalle Co,, 12 111., 339. 8. The adoption of this statute, by a city, and the passage of a general school law do not modify or impair any former special laws authorizing such city, as a public agency, to levy and collect taxes for school purposes; Fuller v. Heath, 89 111., 296. On the Organization of Cities. 19 7. Election of officers.] § 7. It shall be the duty of the presi- dent and board of trustees of any town which shall have voted to change its organization to a citj^ under this act, to call and give no- tice of an election to elect city officers, and to designate the time and place or places of holding the same. Such notice shall be published in a newspaper, if there be one within the town, or posted in ten public ])laces, for at least twenty days before such election. Such president and trustees shall appoint the judges and clerks to hold such election, canvass the returns thereof, and cause the result to be entered upon the records of. the town; and the provisions of this act, relative to the election of city officers, shall be applicable thereto ; but, at such elec- tion, aldermen may lie elected on a general ticket. 1. After a vote adopting this statute, it becomes the duty of those officers ‘‘then in office ” to take steps to put in operation a city government under its provisions, by dividing the city into the proper number of wards and calling a special election. Mandamus will issue to compel the fulfillment of this duty, if it be neglected; Crook i\ People, 106 111., 242. 2. It was made the duty of the president and board of trustees of a town to give, at least, ten days’ notice before the expiration of their term of office, of the time and place for the election of their successors in office. In the case of neglect to give such notice before the expiration of the term, the president and board may, lawfully, do so at a subsequent time, as they exercise the functions of their offices until their successors are elected; People v. Fairbury, 51 111., 149. 8. When county judge to give notice of election etc.] § 8 . In case of cities organizing under section live (5) of this article, the county judge shall call and give notice of the election, and perform the same duties relative thereto as is above required to be performed by presi- dent and trustees or such town and, in canvassing such returns, shall call to his assistance two justices of the peace. 9. Term of first officers.] § 9. The city officers elected under either of the preceding sections shall hold their respective offices until the next succeeding regular election for such officers, respectively, and until their successors are elected and qualified as provided in this act. 10. Corporate name — powers.] § 10. Cities organized under this act shall be bodies politic and corporate, under the name and style of “ City of (name)”, and under such name may sue and be sued, contract and be contracted with, acquire and hold real and personal ]iroperty for corporate purposes, have a common seal, and change the same at pleas- ure, and exercise all the powers hereinafter conferred. 1. See Additional Laws — Change of Name. 2. See art. 5, ^ 1 65), for enumeration of special powers. 3. A municipal corporation possesses and can exercise the following powers and none other: (1) those granted in express words; (2) those necessarily or fairly implied in or incident to tlie powers expressly granted; and (3), those essential to the de- clared objects and purposes of the corporation — not convenient, but indispensable. Neither the corporation nor its officers can do any act or make any contract, or incur any liability not authorized by the statute, or charter, by which it is created; Cham- paign Harman, 98 111., 491; People'?). Crottv, 93 111., 180; Cook Co. v. M’Crea, 93 111., 236; Schott v. People, 89 111., 195. 34. Acts of common council in excess of its charter powers are nugatory; Agnew V. Brail, 124 111., 314. 4. Judgment of ouster, against a village and its trustees, immediately dissolves the On the Okganization of Cities. corporation and takes away all rights, liberties, privileges and franchises, whether it existed de jure or (h; facto; Dodge o. Peoiile, llu HI., 4‘JO. 5. Dissolution of a municipal corporation absolutely revokes all power and author- ity on the part of others to act in its name or behalf; Dodge v. People, 118 111., 497. 0. The jurisdiction of a court in a ])ending suit is not affected by a change from town to city organization; Olney v. Harvey, 50 HI., 453. 7. A court of equity may grant relief against a municipal corporation in mo.st cases. There are, however, acts which such a corporation may do, within the limits of its charter, without being subject to the supervision of any court; Sherlock v. Win- netka, 59 HI., 389. 8. The ])owers conferred on municipal corporate officers, in respect to the corporate property, is held by them in trust; hence, if these powers be abused — as if corporate property bo collusively alienated — there is a breach of trust, of which equity will take cognizance; Jackson v. Norris, 72 111., 364, 9. The general statute, regulating service of process on corporations, does not apply to municipal corporations; People v. Cairo, 50 111., 154. 10. Process, in suit against a municipal corporation, may be served on the mayor or other chief officer; People v. Cairo, 50 III., 154. 11. The power to sue and be sued, includes authority, in the corporation, to settle or adjust claims; Pres’t etc. v. Mappiii, 14 111., 193. 11-i. City may settle doubtful and disputed claims against it or in its favor; Agnew D. Brail, 124 111., 314. 12. A municipal corporation — unless disabled by positive law — can submit unset- tled claims to arbitration, under the same liability to perform the award as would rest on a natural person; but, the exercise of such power must be based on ordinance or resolution; Shawneetown v. Baker, 85 111., 563. 13. A municipal corporation is not liable to garnishment, no matter what may be the character of its indebtedness; Merwin v. Chicago, 45 111., 133. 14. The doctrine of estoppel in pais applies to municipalities; mere non action, however, of its officers will not work such estoppel; Logan Co. v. Logan, 81 HI., 156. 144. Municipality may be estopped by acts of its officers; Brail v. Agnew, 15 App., 122; when the corporation is actually in a i)rivate — non governmental — capacity, with power to do the act; Chicago v. Sexton, 115 111., 239. 15. As respects public rights, a municipal corporation is not within ordinary limi- tation statutes. Non obstante the principle of an estoppel in pais is applicable in such cases; C., R. I. & P. RK. Co. v. Joliet, 79 111., 25; Martel v. E. St. L., 94 HI., 67; C. & N. W. Ry. Co. v. People, 91 111., 2ol; Logan Co. v. Lincoln, 81 111., 156. 16. In an action on contract or for a tort, the statute of limitations may be pleaded by or against a municipal corporation; Sch. Dir. v. Sch. Dir., 105 111., 655. 17. Counties — like individuals — will be held to their liabilities; they will not be permitted to avoid them because of unimportant irregularities in the action of their officers; Johnson v. Stark Co., 24 HI., 75. 18. It is error to award execution on a judgment against a municipal corporation; Morrison v. Ilinkson, 87 111., 587; Paris t\ Cracraft, 85 111., 294; Kansas v. Juntgen, 84 111., 360; Elgin v. Eaton, 83 111., 535; Bloomington o. Brokaw, 77 111., 194; Kin- mundy t\ Mahan, 72 111., -462; Virginia v. Fishback, 9 App., 82; Cairo v. Allen, 3 App., 398. 19. Execution can not be issued against a municipal corporation, on a judgment for debt or damages; Trustees v. Schroeder, 58 III., 353; Olney v. Harvmy, 50 111., 452; Chicago V. Hasley, 25 111., 595. Judgment awarding execution against a city is re- versed; Hoopston V. Morris, 21 App., 307. 20. Corporations have all the powers of ordinary persons as respects their con- tracts, except when they are expressly or by neces.sary implication restricted; Galena V. Corwith, 48 111., 423. 21. All persons dealing with municipal corporations must see that they have the power to perform the proposed act; Law v. People, 87 111., 385. 22. A body corporate can act only in the mode prescribed by the law creating it. The mode of authenticating the acts of a cori)orate body, which uses a seal, is to affix the seal, with a declaration that it is the seal of the corporation and to verify the act by the signature of the president and secretary, Kinzie v. Chicago, 2 Scam., 137. 23. Where an instrument made by a corporation is duly executed, by one having authority, the seal affixed will be presumed to be the proper seal; Phillips v. Coffee,, 17 111., 154. Ox THE Ohganizatiox of Cities. 21 21. Tlio notion that a corporation can act only under its corporate seal and by its president and secretary, has become obsolete; Racine etc. Co, v. Farm. L. & T. Co., 49 111., 331; I. C. RR. Co. v. Johnson, 40 111., 3o; Bd. of Educ. v. Creenbaum, 39 111., ()09; N. Eng. F. & M. Ins. Co. v. Schettler, 38 111., 1G6. 25. Corporations can be bound by contracts made by their agents, though not under seal; so, also, on implied contracts, to be deduced, by inference, from corporate acts, without either vote or deed; New Athens v. Thomas, 83 III., 259. 26. Functions to be exercised by local public olficers can not, without special authority of law, be delegated to strangers with power to act in their stead. VVhere there is a personal trust reposed iu such officers there is no authority of law for dele- gating that trust to others; Jackson Co. v. Brush, 77 III., 50. 27. The unauthorized acts of municipal officers are regarded as the acts of the cor- poration when they are performed by that branch of the municipal government which is invested with jurisdiction to act for the corporation on the subject to which, the particular act relates; Chicago v. C. & W. I. RR. Co., 105 111., 85. 28. Municipal corporation may ratify unauthorized contracts of its officers which are within its corporate powers; Bruce v. Dickey, 116 111., 531. 29. Contracts of public corporations made, through their officers, without authority of law are void. In an action based on them the corporation may, successfully, in- terpo.se a plea of ultra vires, setting up as a defense, its own want of power to enter into the contract, under its charter; Springfield v. Edwards, 84 111., 626; Alton ..Etna F. I. Co., 82 111., 45 ; People Dupuyt, 71 111., 651; INIiller v. Goodwin, 70 111., 659. 30 A contract with the city — gas company’s — being voidable and having been disaffirmed by the city, no action lies for recovery for material and services rendered a;ter disaffirmance; E. St. L. v. E. St. L. G. & C. Co., 19 App., 44. 11. Prior ordinances etc. in force until etc.] § 11. All ordi- nances, resolutions and bj-laws in force in anv city or town, when it shall organize under this act, shall continue in full force and effect until repealed or atnended, notwithstanding such change of organization ; and the making of such change of organization shall not be construed to effect a change in the legal identity, as a corporation, of such city or town. 1. The provision of this section was intended to continue in force only such ordi- nances etc., adopted under a special charter, which might lawfully' be passed under this statute; Cairo v. Bross, 101 111., 478. 2. So far as the provisions of a prior charter or ordinances are substantially the same, or not inconsistent with this statute, they are to be continued in force. After re-organization under this statute, by city or village, any laws in its special charter, in conflict with the general law, no longer apply to it; Cairo v. Bross, 101 111., 478. 12. Rights etc. of old corporations to vest in new.] § 12. All rights and property of every kind and description, which were vested in any municipal corporation under its former organization, shall be deemed and held to be vested in the same municipal incorporation upon its becoming incorporated under the provisions of this act ; but, no rights or liabilities, either in favor of or against such corporation, e.xisting at the time of so becoming incorporated under this act, and no suit or prosecution of any kind, shall be affected by such change, but the same shall stand and progress as if no change had been made ; Provided, that when a different remedy is .given by this act, which may properly be made applicable to any right existing at the time of such city so becoming incorporated under this act, the same shall be deemed cumulative to the remedies before provided, and used accord- iiigly. On TJiii: OkganjzatjOxN of Cities, 22 1. A change of organization, under this statute, is not intended at all to affect the corporate (ixistence or lial)ilities ; nor that its (ixisting T>owers or government shall he changed or otherwise alTected, exce])t so far as the provisions of this statute differ from those! of the old charter; Cairo v. Bross, 101 111., 478. 2. Corporations, when brought into existence, except so far as may be otherwise pro- vided in th(‘ir chart.se would not c(;ase, if the ])urpose of the donation can be ascertained; to the contrary it will be enforced, for the benefit of those to whose use it was intended; Jackson- ville V. Jacks. By. Co., 07 111., 540. 13. Record of result of election.] § 13. The corporate authorities of any city or village which may become organized under this act shall, within tliree months after organization hereunder, cause to be filed in tlie ollice of the recorder of deeds, in the county in wdiich such city or village is situated, a certified copy of the entry made upon the records of the city, village or county court, of the canvass of the votes, show- ing the result of such election, whereby such city or village became so organized — and such recorder of deeds shall record the same. /\nd such corporate authorities shall also cause a like certificate to be filed in the office of the secretary of state, who shall file the same, and keep a registry of cities and villages organized under this act. 14. City register’s office abolished.] § Id. If any city organized or which may hereafter organize under this act, sliall have had by the terms and provisions of its special charter a city register’s office or otlier office in which deeds, mortgages or other instruments were i-equired or authorized by law to be recorded in lieu of recording the same in the recorder's office in the county where said city was situated, such city register’s office or recorder’s office shall be discontinued under this act, and the city regis- ter or recorder or other officer having the custody of the records, books and papers pertaining to such city register or recorder's office, shall de- posit such records, and books and papers in the office of the recorder of deeds of the county in whicli such city is situated, and shall take the receipt of the recorder of deeds therefor, and such records and books and papers shall, from thereafter, be deemed and held for all purposes a part of the records of the recorder’s office of such county, and shall have like legal effect as if the same liad been originally a part of the records of such county recorder’s office for all purposes whatsoever, Of the Mayor. and the same, or certified transcripts made therefrom, shall have like force and effect as evidence as other records of said recorder’s office. 1. Added by “ An act to amend an act entitled ‘ An act to provide for the incorpora- tion of cities and villages ’ [Approved May 15, 1879. In force July 1, 1879. L. 1879, p. 65. AETICLE II. Of the Mayor. Section. 1 5. Mayor — his qualifications. 16. Vacancy, one year or more. 17. Vacancy, less than one year. 18. iMayor pro tern. 19. Vacancy by removal from city. 20. Mayor to preside — casting vote. 21. When he may remove officers. 22. His powers to keep the peace. 23. Release of prisoners. Section. 24. General duties. 25. To examine records etc. 26. Messages to council. 27. To call out militia etc. — riots etc. 28. Misconduct etc. of mayor or other officer — penalty. 29. Revising ordinances after change of organization. 15. Mayor — his qualifications.] § 1 . The chief executive officer of a city shall be a mayor, who shall be a citizen of the United States, a qualified elector, reside within tlie city limits, and hold his office for two years, and until his successor is elected and qualified. 16. Vacancy one year or over.] §2. Whenever a vacancy shall happen in the office of the mayor, when the unexpired term shall be one year or over from the date when the vacancy occurs, it shall be filled by an election. 17. Vacancy less than one year.] § 3. If the vacancy is less than one year, the city council shall elect one of its number to act as mayor, who shall possess all the rights and powers of the mayor until the next annual election, and until his successor is elected and qualified. 1. The general statute “in regard to elections” etc. 126), provides that “when- ever it is alleged that a vacancy in any office exists the officer, court or county board whose duty it is to fill the vacancy by appointment, or to order an election to fill such vacancy, shall have power to determine whether or not the facts occasioning such vacancy exist.” 18. Mayor pro tern.] § 4. During a temporary absence or disability of the mayor, the city council shall elect one of its number to act as mayor pro tern., wdio, during such absence or disability, shall possess the powers of mayor, 19. Vacancy by removal from city.] § 5. If the mayor, at any time during the term of his office, shall remove from the limits of the city, his office shall thereby become vacant. 1. By the general statute, in regard to elections, it is provided 125) “ Every elective office shall become vacant on the happening of either of the following events, before the expiration of the term of such office; (1) The death of the incumbent; (2) His resignation; (3) His becomina: insane; (4) His ceasing to be an inhabitant of the state; or, if the office be local, his ceasing to be an inhabitant of the district, county, town or precinct for which ho was elected; (5) His conviction of an infamous 24 Of thk Mayor. criiuo, or of any olTonse involvin^^ a violation of official oath; fG) His removal from ollicc; (7) His refusal or mjglect to take his oath of office, or to give or renew his official bond, or to deposit or file such oath or bond within tlu* tinu; prescribed by law; (8) The decision of a competent tribunal declaring his eh;ction void. 20. Mayor to preside — casting vote.] § 0 . The mayor shall ])resi(le at all meetings of the city council, but shall not vote except in case of a tie, when he shall give the casting vote. 1. The mayor is distinct from the city council as to the passage of the appropria- tion ordinance; King Chicago, 111 HI., CG. 2. He is a imunber of the city council, with a right to vote, on an ordinance, in case of a tie vote; Carrolton v. Clark, 21 App., 74, 3. Ordinance adopted by the casting vote of a mayor will sustain a conviction under it; Carrolton v. Clark, 21 A]ip,, 74. 21 . When he may remove officers.] g 7. The mayor shall have power to remove any ofhcer ajtpointed by him, on any fortnal charge, whenever he shall be of the opinion that the interests of the city demand such removal, but he shall report the reasons for such removal to the council at a meeting to be held not less than five days nor more than ten days after such removal ; and if the mayor shall fail, or refuse to file with the city clerk a statement of the leasons for such removal, or if the council by a two-thirds (2-3) vote of ad its members authorized by law to be elected, by yeas and nays, to be entered upon its record, disappi’ove of such removal, such otlicer shall thereupon become restored to the office from which lie was so removed ; but he shall give new bonds and take a new oath of office. Ko officer shall be removed a second time for the same offense. [As amended by act approved May 15, 1879. In force July 1 , 1879. L. 1879, p. 65. 22 . His power to keep the peace.] § 8 . He may exercise, within the city limits, the jiowers conferred ipxm sheriffs, to suppress disorder and kee[) the peace. 1. See notes to art. G, § 12, as to the power to suppress disorder and keep the peace. 2. In respect of this power, it is provided (R. S., 1874, ch. 12o. §§ 17-8) “ Each sheriff shall be conservator of the peace in his county and shall keej) the same, suppress riots, routs, affrays, fighting, breaches of the peace and prevent crime; and may arrest offenders on view, and cause them to be brought before jn-oper magistrates for trial or examination.” “ To keep the peace, prevent crime ... he may call to his aid, when necessary, any person or the power of the county.” 23 . Release of prisoners.] § 9. He may release any person imprisoned for violation of any city ordinance, and shall report such re- lease, with the cause thereof, to the council at its first session thereafter. 24. General duties.] § 10. He shall perform all such duties as are or may be prescribed by law or by the city ordinances, and shall take care that the laws and ordinances are faithfully executed. 1. The mayor of a city has no judicial power; Beesman v. Peoria, IG 111., 484. 2. Where a power is expressly conferred, by charter, on a city council — as to license the sale of spirituous liquors — such power can not be delegated to the mayor of the city, by ordinance; Kinmuudy r. Mahau, 72 111., 462. 25. Power to examine records etc.] § 11 . He shall have power at all times to examine and inspect the books, records and papers of any agent, employe or officer of the city. ' Of the Mayor. 25 26. Messages to council.] § 12. The mayor shall annually, and from time to time, give the council information relative to the affairs of the city, and shall recommend, for their consideration, such measures as he may deem expedient. 27. To call out militia etc. — riots etc.] § 13. He shall have ])Ower, when necessary, to call on every male inhabitant of the city over the age of eighteen years, to aid in enforcing the laws and ordi- nances, and to call out the militia to aid in suppressing riots and other disorderly conduct, or carrying into effect any law or ordinance, sub- ject to the authority of the governor as commander-in-chief of the militia. 28. Misconduct etc. of mayor or other officer — penalty.] § 14. In case the mayor or any other municipal officer shall at any time be guilty of a palpable omission of duty, or shall wilfully and corruptly be guilty of oppression, malconduct or misfeasance in the discharge of the duties of his office, he shall be liable to indictment in any court of competent jurisdiction, and, on conviction, shall be fined in a sum not exceeding |l,000 ; and the court in which such convicion shall be had shall enter an order removing such officer fi’om office. 1. The criminal code, further, provides (R. S., 1874, ch. 38, div. 1,^208) that “every person holding any public office (whether state, county or municipal), trust or employ- ment, wiio shall be guilty of any palpable omission of duty, or who shall be guilty of diverting any public money from the use or purpose for which it may have been appro- priated or set apart by or under authority of law, or who shall be guilty of con- tracting, directly or indirectly, for the expenditure of a greater sum or amount of money than may have been, at the time of making the contracts, appropriated or set apart by law or authorized by law to be contracted for or expended upon the subject matter of the contracts, or who shall be guilty of wilful and corrupt oppression, malfeasance or -partiality, where no special provision has been made for the pun- ishment thereof, shall be fined not exceeding $10,000 and may be remov’ed from his office, trust or employment.” 2Q. Revising ordinances after change of organization.] § 15. He may appoint, by and with the advice and consent of the city coun- cil, immediately after such change of organization, one or more com- petent persons to prepare and submit to the city council, for their adoption or rejection, an ordinance in revision of tlie ordinances of such city, and for the government of such city ; the compensation of such reviser or revisers to be determined and fixed by the city council and paid out of the city treasury. 4 26 Of TiiK Crj'v Co unci i. AiriUCLC Hi. Of the City Council. Section. 30. C'ouncil — how composed. 31. Number of aldormeu. 32. 'Perm of ollice of aldermen. 33. Vacancy. 34. Qualification of aldermen. 3o. Council judge of election and (qualifi- cation of members. 3(). Rules — expulsion — bribery. 37. Quorum — compelling attendance. 38. Meetings. 39. Chairman pro teni. Se( tion. 40. Oj)en doors. 41. Journal shall be kept. 42. V(;as and nays — record — vot? re- <1 Hired, 43. Rescission of vote. 44. When report laid over. 45. Territorial jurisdiction. 45a. Jurisdiction to enforce ordinance. 46. Special meetings. 47. Ordinances — approval-- veto, 48 Reconsideration — passing ov^r veto. 30. Council — how composed.] §1. The city couricli shall consist of tlie mayor and aldermen. 1. The mayor is a member of the city council, with aright to vote, on an ordinance, in case of a tic vote. An ordinance adopted by his casting vote will sustain a con- viction under it; Carrolton v. Clark, 21 App., 74. 2. The mayor is distinct from the council as to the passage of the appropriation ordinance (see art. 7, § 2); King y. Chicago, 21 App., 74. 31. Number of aldermen.] § 2. The number of aldermen, when not elected by the minority representation plan, shall be as follows : III cities not exceeding 3,000 inhabitants, six aldermen ; exceeding 3,000, but not exceeding 5,000, eight aldermen; exceeding 5,000 and not exceeding 10,000, ten aldermen; exceeding 10,000 and not exceeding 30,000, fourteen aldermen; and two additional aldermen for every 20,000 inhabitants over 30,000. Provided, however, that in cities of over 350,000 inhabitants there shall be elected forty-eight aldermen and no more, unless additional territory shall be annexed to such city, after such city shall have been divided into wards on the basis of forty-eight aldermen, in which case and as often as new terri- tory shall be annexed to such city, as aforesaid, containing three or more square miles of terrritoiy or 15,000 inhabitants and not exceed- ing 25,000 inhabitants, such annexed territory shall constitute a ward of such city, and the city council of such city shall authorize the legal voters of such annexed territory to elect two aldermen from such ward, in such annexed territory, which said aldermen in such annexed territory shall be additional to said forty-eight aldermen, and who shall possess all the qualifications of and be elected at the time and in the manner provided in the said act. of which this is an amendment: Provided, that if said annexed territory shall contain more than 25,000 inhabitants, then the city council shall authorize the legal voters of such annexed territory to elect two aldermen for every 25,000 in- liabitants thereof, and two additional aldermen for every fraction of 15,000 inhabitants or more, the number of inhabitants to be determined by the last preceding national, state or sehool census of such annexed territory. And if any such annexed territory has less than 15,000 in- habitants, and less than three square miles in extent, then the city Of the City Council. 27 council shall annex it to any ward or wards which it adjoins: Pro- vided, furtlier, that when the number of aldermen in any such city shall reach seventy by reason of such annexed territory, the eity coun- vided, further, that wdien the number of aldermen in any such city shall reach seventy liy reason of such annexed ten*itory, the city coun- cil shall re-district said city into thirty-five new wards and no more; and when said number of aldermen shall reach seventy, if any new territory is thereafter annexed which shall contain 25,000 inhabitants or more, as determined by the last preceding national, state, school or other census authorized by law to be taken, then said city council shall re-district said city into thirty-five wards: Provided, further, that wlienever after such new territory shall have been annexed, as afore- said, said city shall be re-districted, the number of wards at the time said city is so re-districted shall be preserved, and the city council thereof may, in its discretion, change the boundary between such new ward and the original territory of the city, and make said new ward larger or smaller, to comply with the requirements of said act as to compactness and equality of inhabitants : And, provided, further, if it shall appear from any census heretofore or hereafter taken, that any city has the requisite number of inhabitants to authorize it to in- crease the number of aldermen, it shall be the duty of the city council thereof to proceed without delay and re-district such city in accordance with the ])rovisions hereof, and to call and hold its next city election in accordance with such new re-districting: Provided, that at such election the aldermen who hold over shall be considered aldermen for the new wards respectively in which their residence shall be, unless there shall be two or more aldermen who hold over in the same ward under this proviso, then, in such case, it shall be determined by lot in presence of the city council in such manner as they shall di- rect, which aldermen shall hold over for such ward. [As amended by act approved and in force June 4, 1SS9. L. 1889, p. 78. 1. See art. 4, ^ 7, as to the quota of aldermeu under the minority plan of elec- tion. 32. Term of office.] § 3. Aldermen shall hold their office for the term of two years, and until their successors are elected and (pialitied. 33. Vacancy.] § 4. If any vacancy shall occur in the office of alderman by death, resignation, removal or otherwise, such vacancy shall be tilled by election. 34. Qualifications of aldermen.] § 5. No person shall be eligible to the office of alderman unless he shall be a qualified elector, and re- side within the Avard for which he is elected, nor shall he be eligible if he is in arrears in the payment of any tax or other liability due to the city; nor shall he be directly or indirectly interested in any contract whatever to which the city is a party ; nor shall he be eligible if he shall have been convicted of malfeasance, bribery or other corrupt ])rac- tices or crimes; nor shall he be eligible to any office, the salary of which is payable out of the city treasury, if at the time of his appointment he shall be a member of the city council ; nor shall any member of the city council at the same time hold any other office under the city gov- ernment; nor shall he be either directly or indirectly, individually, or as a member of a firm, engaged in any business transaction (other than 28 Of tiif Ci'i’v CoFN’ciL. oflicial) which sucli city, tlirough its mayor or any of its authorized ])oar(ls, agents or attorneys, wliereby any money is to be paid, directly or indirectly, out of the city treasury to such member or firm. 1. S(M‘ art. t), § 7, and note.s, as to tlin matter of an officer’s interest in contracts. 2. d'his s(iction, as to the (jiialificatioris of aldermen of c.ties, is not applied to vil- la^^e trustees by section h of article 11; People v. Hamilton, 24 App., 009. 8. Tlie inelig-ibility, “ if be shall have been convicted of malfeasance, bribery or other corrupt ])ractic(*s or crimes”, should be limited to convictions under the laws of the state. A conviction in a federal court, of an offense created by act of congress, does not disqualify under this section; Hildreth v. Heath, 1 App., 82, 4. One of the modes by which a member or officer of a municipal corporation may be said to impliedly resign his office is by being elected and accepting an office in- compatible with the duties of the former office; People v. Hanifan, 96 111., 420, 35 . Council judge of election and qualification of its members.] § b. The city council shall be judge of the election and cpialifi cation of its own members. 1. Circuit court, in chancery, has no jurisdiction of a contest of election of a city mayor; Jennings Joyce, 116 HI., 179. 2. The city council of East 8t. Louis has exclusive jurisdiction of a contested elec- tion for membership thereof; Keating v. Stack, 116 111., 191. 36 . Rules — expulsion — bribery.] § 7. It shall determine its own rules of proceeding; punish its members for disorderly conduct and, with the concurrence of two-thirds of the aldermen elect, may expel a member; but not a second time for the same offense : Provided, that any alderman or councilman who shall have been convicted of bribery shall thereby be deemed to have vacated his office. 37 . Quorum — compelling attendance.] § 8 . A majority of the aldermen elect shall constitute a quorum to do business, but a smaller number may adjourn, from time to time; and may compel the attend- ance of absentees ; under such penalties as may be prescribed by ordi- nance. 1. City council of eight members; a (piorum — or all — present; a majority of those who do vote elect an officer; although a majority of all refuse to vote; Launtz v. People, 113 111., 142. 2. The mayor having a right to vote in case of a tie vote; four of eight councilmen vote “aye”; four — being present — refuse to vote; the mayor has the casting vote; Launtz r. People, 113 HI., 142; Sullivan v. People, 18 App., 627. 3. Where a number of persons are intrusted with powers in matters of public con- cern and all of them are assembled and consulting, a majority may act and determine, if their authority be not otherwise limited and restricted. The majority having acted the others will be presumed to have been present and consulting; Comm’rs etc. V. Baumgarten, 41 111., 255, 38 . Meetings.] § 9. The city council may prescribe, by ordinance, the times and places of the meeting thereof, and the manner in which special meetings thereof may be called. 39 . Chairman pro tern.] § 10. It may elect a tem])orary chairman in the absence of the mayor. 40. Open doors.] § 11. It shall sit with open doors. 41. Journal shall be kept.] § 12. It shall keep a journal of its own proceedings. 1. The same legislature which pfis^ed a law may correct its journals at the same, or a subsequent, session, to make the truth appear; Turley v. Logan Co., 17 111., 151. 42. Yeas and Nays— record — vote required.] §13. The yeas and nays shall be taken upon the passage of all ordinances, and on all Of the City Council. 29 propositions to create any liability against tlie city, or for tlie expendi- ture or appropriation of its money, and in all other cases at the request of any member, which shall be entered on the journal of its proceed- ings ; and tlie concurrence of a majority of all the members eleijted in the city council shall be necessary to the passage of any such ordinance or proposition; Pi’ovided, it shall require two-thirds of all the aldermen elect to sell any city or school property. 1. The burden is on one who controverts the passage of an ordinance for local im- provement on vote by aye and nay ; Lindsay v. Chicago, llo 111., 121. 2. A majority, only, of all the members of city council is recpiired to grant the privilege of laying a railroad track in a street; Chi. D. & C. Co. v. Carritv, llo 111., 161. 3. Ordinance adopted by less than a charter majority of council is void; St. L., A. & T. H. Kli. Co. V. Belleville, 20 App., 580. 43- Not to rescihd vote at special meeting, unless etc.J § 14 . No vote of the city council shall be reconsidered or rescinded at a special meeting, unless at such special meeting there be present as large a number of aldermen as were present when such vote was taken. 1. The council may ratify acts done at a prior meeting; Shawneetovvn c. Baker, 85 111., 563. 44. When report laid over’.] § 15. Any report of a committee of the council shall be deferred, for final action tliereon, to the next regu- lar meetins: of the same after the report is made, upon the request of any two aldermen present. 45. Territorial jurisdiction.] §16. The city council and board of trustees shall also have jurisdiction in and over all places within one- half mile of the city or village limits, for the purpose of enforcing health and quarantine ordinances and regulations thereof. 1. See art. 5, ^ 10, as to jurisdiction over waters. 2. See art. 6, § 12, as to jurisdiction of police. 3. See art. 10, § 2, as to jurisdiction for water supply. An act to define the jurisdiction of cities and incorporated towns and villages lying in different counties. [Ap})roved June 18, 1891. L. 1891, p. 79. 45a. Jurisdiction to enforce ordinances— extends to limits.] § 1. Be it enacted by the people of the state of Illinois^ represented in the general assembly: That cities and incorporated towns and villages which are now or which may hereafter be incorporated or extended in to dif- ferent counties, shall have the right to extend and enforce their ordi- nances over the entire territory embraced within the limits of such cities, incorporated towns or villages, for all municipal ])urposes. 45b. Jurisdiction as to land suits and taxation.] § 2. That whenever any provision is made by the statutes of this state that any suit or proceeding affecting lands or the assessment of taxes shall be com- menced by any city, incorporated town or village in any court of the county wherein such city, incorporated town or village is situate, it shall be held and construed to mean in the county wherein the lands to be affected and upon which the taxes are assessed or to be assessed and collected are situate. 46. Special Meetings.] § 17. The mayor or any three aldermen may call special meetings of the council. h’lucr'i’iONS. :!() 47- Ordinances — approval — veto.] § 18. All ordinances passed by the city council shall, before they lake elfect, be deposited in the otli(re of the city clerk ; and if the mayor approves thereof, lie shall si<»;n the same, and such as he shall not apjirove he' shall return to the council, with his objections thereto, in writing, at the next regular nuHiting of the council occurring not less than five days after the passage thereof. Such veto may extend to any one or more items or appro- ju iations contained in any ordinance making an a])j)ro])riation, or to the entire ordinance ; and in case the veto only extends to a part of sucli ordinance, the residue thereof shall take effect and be in force. But, in case the mayor shall fail to return any ordinance, with his ob- jections thereto, by the time aforesaid, he shall be deemed to have apjiroved such ordinance, and the same shall take effect accordingly. 1. Power to pass an ordinance over a veto includes power to pass it in part; King Chicago, 111 111., G8. 2. Passed and vetoed and re-passed after a time fixed by statute is deemed passed within such time ; King v. Chicago, 111 111., (57, foll’g Fairfield v. People, 94 111., 245. 0. Ordinance ])ioperly enacted, courts will not enjoin their enforcement in appro- priate courts on allegation of their illegality or of the innocence of a party charged with violation; Poycr DesPlaines, 123 III., 114; S. C., 20 App., 30. 4. An ordinance passed and accepted by a corporation to act under it creates a con- tract which the common council can not change; People v. Chi. W. 1). Ry. Co., 18 App., 127; nor affect by re])eal; Metrop. Gas Co. r. Hyde Park, 27 A})p., 361. 5. A city is not estopped by acts or promises of a council coinmittee or city attor- nev, known to be powerless as to the act sought to be affected bv estoppel; St. L., A. & T. ir. RR. Co. 7'. Hoyt, 122 111., 382. 6. Before a party can be convicted, on a charge of violation of a municipal ordi- nance, it must be shown, by proper proof, that the provisions of the charter have been complied with in adopting it; Trustees etc. r. Lefier, 23 111., 90. 48 . Reconsideration — passing over veto.] § 19. Upon the re- turn of any ordinance by the mayor, the vote by which the same was passed shall be reconsidered by the council ; and if, after such recon- sideration, two-thirds of all the members elected to the city council shall agree, by yeas and nays, to pass the same, it shall go into effect, notwithstanding the mayor may refuse to a]:>prove thereof. The vote to pass the same over the mayor’s veto shall be taken by yeas and nays, and entered on the journal. 1. Power to pass an ordinance over a veto includes power to pa.ss it in part — to adhere in part; King v. Chicago. Ill 111.. 68. AimCLE IV. Elkctioxs. 1. See Additional Laws — Electtoxs Section. 49. Annual election. 50. Elections in cities and villages includ ing a township. 51. Time of opening and closing polls. 52. Election of mayor etc. 53. Who entitled to vole. 54. Wards. 55. Aldermen at first election — qualified 56. Minority representation. 57. Aldermen under minority plan. Section. 58. Aldermen when minority plan not adopted. 59. Place of election — notice. 60. Manner of conducting elections etc. 61. Result — tie vote. 62. Notice to persons electert or ap- pointed. 63. When no quorum in office — s})ecial election. 64. Special elections. 49 . Annual election.] § 1. A general election for city officers shall be held on the third Tuesday of April, of each year ; Provided, that in cities which include wholly within their corporate limits a town or Eli:ction-s. <) f) towns, such elections sliall l)e lield on tlie first Tuesday of A])ril. | As amended by act approved and in force Marcli 9, 1877. L. 1877, ]). 54. An act relating to elections, and to fix tlie time for holding the same in cities having the same territory as an organized township. [Approved May C), 1879. In force *Tidy 1, 1879. L. 1879, p. G9. 50. Elections in cities and villages including a township.] § 1. Hereafter the regular charter election for the election of city officers of any city having the same territory as an organized township, shah take place on the same day ])rovided by law for the township election, to-wit : on the first Tuesday of April, any thing in the charter of such city to the contrary notwithstanding, and such charter and township elections may he conducted in all resj)ects as provided in and by an act entitled ‘‘An act to amend section seven (7) of article seven of an act entitled ‘ An act to revise the law in relation to township organiza- tion ’ ”, approved and in force March four, eighteen hundred and sev- enty-four ; approved and in force March nine, eighteen hundred and seventy-seven ; Provided, that this act shall not be so construed as to require any city to hold its charter election oftener than its charter may prescribe. 1. When the members of a corporation are directed to be annually elected, the words are directory only; they do not take away the power, incidental in the corpo- ration, to elect afterward, when such annual day has for some cause — free from de- sign or fraud — been passed by; People v. Fairbury, 51 111., 149; Coles Co. v. Allison, 23 111., 437. ■ “ . 2. A public corporation - such as a county or city — is not dissolved by reason of the neglect of the inhabitants or corporators to elect officers; People v. Wrenn, 4 Scam., 269; nor because, at its organization, persons, not eligible, were elected trus- tees; Pres’t etc. v. Thompson, 20 111., 197. 3. Under the general law for the incorporation of towns (R. S., 1845, ch. 25) it was held that if the trustees neglected to giye due notice of the time and place for the election of their successors in office, they might, lawfully, do so at a subsequent time, in the exercise of the functions of their office until their successors be elected; Peo- ple V. Fairbury, 51 111., 149. 4. The statute referred to, in the aboye section 50 , provides as follows: “ § 7. The town shall supply a suitable ballot box or boxes to be kept and used in like man- ner as ballot boxes in other elections. In incorporated towns, or incorporated villages, whose limits are co-extensive with the limits of a town; or in any organized town where the number of voters at the last preceding general election exceeded three hundred, the county board may require one or more additional ballot boxes and places for the reception of votes to be provided, which places shall 'be selected with refer- ence to the convenience of the electors of the town, and shall designate at which of said polling places the town clerk shall act as clerk of the election; and such polling place, when so designated, shall be the place of transacting the miscellaneous bu.si- ness of the town. And, when several places are so i)rovided, the electors present shall choose from their number one assistant moderator and one assistant clerk, for each additional ballot box, to receive the votes therein, who shall take the same oath and be subject to the same penalties as the moderator and shall be under the direc- tion of the moderator and clerk. At the closing of the polls all the said ballot boxes shall be brought together at the polling places where the town clerk acts as clerk of the election, and the votes shall be canvassed at the same time and in the same man- ner, and return thereof made the same as if all the votes had been cast in the same ballot box. When there shall be more than one polling place designated in such towns, the general meeting for the transaction of business shall be held at the time hereafter mentioned at the polling place where the town clerk acts as clerk of the town election; or if there be no town clerk, then at such place as shall be designated by the county clerk. And it shall be the duty of the town clerk, or if there be no town Klkctions. clerk, it shall he the duty of iho county clerk to post up in tliree of the most public phie(is in the; town, a notice of each of the phu es in the town where the county board have dir(M*ted and re(piir(>d the election to Ixi held: Provided, how(;ver, that in towns which lie wholly within the limits of Jin incorporated city, and in any town whose t(M‘ritorial limits ai’e co-ext(msive with the territorial limits of any incorporated city, village or incor])oi-ated town, tlu^ cotnmon council of such city, or the board of Irus- te(!S of such village or incoi])orated town, shall divide such towns into election pre- cincts, and designate the voting })Iaces in each j^recinct; and any elector in such towns shall IxMuititled to vote for town otiicersonly in the precinct in which he may reside. 'I'he common council of such city, or the board of trustees of such village or incor- ])orat(*d town, shall also ap]>oint tliree judges of election for each of such precincts, who may be the same iiersons as are a])})ointed as judges for an election for city or village otiicers held on the same day. Such judges of election may choose two clerks of (declion for (‘ach precinct, and such judges and clerks shall take the oath of otlico now jirescribed by the general election law of the state. I'lie ballots cast at such election for town officers shall be deposited in a separate ballot box, and shall be counted and canvassed by the judges of election separately from any other ballots that may be cast at any other election that may be held on the same day. Said judges of election shall cause to be kept a separate i)oll list which shall contain the names of all ])(u-sons voting at such election for town officers, togetlier with their residence. And, immediately upon closing the polls they shall canvass the votes polled in the manner ])rovided by the general election laws of the state, and make a written state- ment or certificate of the number of votes cast at such election for each person voted for, and the office for which such ])ersou received such votes; and shall, within forty- eight hours thereafter, cause such certificate and the poll list, together with the ballots cast at such election, to be separately sealed up and transmitted to the clerk of the town, fi'he supervisor, together with the assessor and collector shall, within five days thereafter, meet and canvass said returns and declare the result of said election. The town meetings to be held in such towns for the transaction of town business, as now provided by law, shall be held at two o’clock in the afternoon of said day at such voting place in such town as the common council of such city, or the board of trustees of such village or incorporated town, may designate; at which meeting a moderator shall be chosen to preside by the electors present, and the town clerk shall act as clerk of said meeting, and keep a record of the pi’oceedings thereof.” All act to ])i’Ovi(lo for the time of opening and closing tlie polls during elections of cities, towns and villages in this state. [Approved May 21), 1870. Ill force July 1 , 1879. L. 1879, p. 70. 51 . Time of opening and closing polls.] § 1 . In all city, town or village elections, in this state, the polls shall remain open from eight (8) o’clock, A. M., until seven (7) o’clock, p. m., any law in any special charter to the contrary notwithstanding. 52 . Election of mayor, city clerk, attorney and treasurer.] § 2 . At the general election held in 1877, and biennially thereafter, a mayor, a city "clerk, a city attorney, and a city treasurer shall be elected in each city"; Provided, that no person shall be elected to the office of city treasurer for two terms in succession. [As amended by act ap- proved and in force March 2 d, 1877. L. 1877, p. od. 1. Circuit court has no jurisdiction — in chancery — of a contested election of tho office of mayor; .Jennings v. Joyce, 110 111., 179. 53 . Who entitled to vote.] §3. All persons entitled to vote at any general election for state officers within any city or village, having resided therein thirty days next preceding thereto, may vote at any election for city or village officers. 1. See constitution, art. 7, ^ 1; ante, p. 7. 2. The provision of the general law. as to the qualifications of voters, is as follows: “ § 65. Every person having resided in this state one year, in the county ninety days,. Elections. and in the election district thirty days next preceding any election therein, who was an elector in this state on the first day of April, in tlie year of our Lord 1848, or ob- tained a certificate of naturalization before any court of record in this state prior to the first day of January, in the year of our Lord 1870, or who shall be a male citizen of the United States, above the age of twenty-one years, shall be entitled to vote at such election. “ 66. A permanent abode is necessary to constitute a residence within the mean- ing of the preceding section.” An act to prevent illegal voting by paupers and others in this state. [Approved May 25, 1877. In force July 1, 1877. L. 1877, ]). 144. “^1. No pauper or inmate of any county poor house, insane asylum or hospital in this state, shall, by virtue of his abode at such county poor house, insane asylum or hospital, be deemed a resident or legal voter in the town, city, village or election district or precinct in which such poor house, insane asylum or hospital may be situated; but every such person shall be deemed a resident of the town, city, village or election district or precinct in wdiich he resided next prior to becoming an inmate of such county poor house, insane asylum or hospital.” An act to enable inmates of soldiers and sailors’ homes, within the state of Illinois, to vote at elections. [Approved June 16, 1887. In force July 1, 1887. L. 1887. p. 172. “§1. Every honorably discharged soldier or sailor Avho shall have been an inmate of any soldiers and sailors’ home within the state of Illinois for ninety days or longer, and who shall have been a citizen of the United States and resided in this state one year, in the county where any such home is located ninety days, and in the election district thirty days next preceding any election, shall be entitled to vote in the election district in which any such soldiers and sailors’ home, in which he is an in- mate thereof, as aforesaid, is located, for all officers that now are or hereafter may be elected by tht; people, and upon all questions that may be submitted to the vote of the people; Provided, that he shall declare upon oath, if required so to do by any officer of election in said district, that it was his l)ona fide intention at the time he entered said home to become a resident thereof. 3. “Person”, in a legislative act, where “ persons” are spoken of, means a natural person; Betts v. Menard, Breese, 395. 4. Persons under legal restraint and persons insane are incapable of gaining or losing a residence; Franklin Co. v. Heniy Co., 25 App., 193. 5. Under graduates of a college, wffio are free from parental control and regard the place where the college is situated as their home, having no other to which to return in the event of sickness or domestic affliction, are as much entitled to vote as any other resident of the town pursuing his usual avocation; Dale r. Irwin, 78 111., 170. 6. One who leaves this state, without any setted intention of acquiring a residence elsewhere — but, only with a conditional intention of so doing — does not lose his residence here so long as that intention remains conditional; Beardstown i\ Virginia, 81 111., 541; Wilkins r. Marshall, 80 111., 74. 7. The constitutional provision does not provide that all persons who, at any time, became electors by virtue of the constitution of 1848, shall be entitled to vote, or that every person who was or became an elector under that constitution, shall be so entitled. It only' authorizes those persons to vote who were electors on the first day of April, 1848. Aliens who were minors on that day were not electors and conse- quently, are not entitled to vote; Beardstown r, Virginia, 76 111., 34. 54 . Wards.] § 4. The city council of any city in this state, whether organized under this act or under any special law of this state, may, from time to time, divide the city into one-half as many wards as the total number of aldermen to which the city is entitled ; and one alderman shall, annually, be elected in and for each ward, to hold his office for two years, and until his successor is elected and qualified. In the formation of wards the population of each sliall be as nearly equal and the ward shall be as compact and contiguous territory as practi- cable. [As amended June 17, 1887. L. 1887, p. 11 b. 5 ;’)4 Elections. 55. Aldermen at first election — classified.] § 5. At the first eh'ction imder this act, tliere sliall bo elected the full iiuirdier of alder- men to which the city shall be entitled. At the first meeting of the city council after such election, the aldermen elected shall be divided, by lot, into two classes: those of the first class shall continue in office foj- one year, and those of the second for two years. And, upon any increase of the number of aldermen, at their first election, one-half shall he elected for one year, and one-half for two years. 56. Minority representation.] § 6 . Whenever this act shall he submitted to the (qualified electors of any city for adoption, there shall be submitted at the same time, for adoption or rejection, the question of minority representation in the city council or legislative authority of such city. At the said election the ballots shall be in the following form : “ For minority representation in the city council ”, or “Against minority re])reseutation in the city council And, at any subsequent time, on petition of the legal voters equal in numbei' to one-eighth the number of legal votes cast at the next preceding general city election, the city council shall cause the question of minority representation to be submitted to the legal voters of said city, and the ballots sliall be in form as provided in this section ; Provided, that no such question of re])resentation shall be submitted more than once in every two years. The judges of such elections shall make returns thereof to the city council, wliose duty it shall be to canvass such returns, and to cause the i*esult of such canvass to be entered on the records of such city. If a majority of the votes cast at such election shall be “For equal repre- sentation in the city council”, then the members of the city council or legislative authority of such city shall be thereafter elected in the follow- ing manner : The council or legislative authority of such city, at least one month before the general election in the year in which this act shall take effect in such city, shall apportion such city, by dividing the population thereof, as ascertained by the last federal census, by any number not less than two nor more than six, and the quotient shall be the ratio of representation in the city council. Districts shall be formed of contiguous and compact territory, and contain, as nearl}" as practi- cable, an equal number of inhabitants; And, provided, further, that where said council or legislative authority of such city have not fixed a ratio of ]*epresentation and formed the districts or wards at the time above specified, the same may be done by any subsequent board of aldermen , but all official acts heretofore done, and ordinances hereto- fore passed by any board of aldermen elected at large by the legal electors of any such city on the minority representation plan, shall be held and taken by all courts in this state to be of as much validity and binding force as if they had been elected from wards or districts. [As amended by an act approved and in force April 11, 1883. L. 1883, p. 56. 1. This section provides for the submission of the question of the adoption of minority representation. No ordinance of the city council is necessary for that pur- pose; Chicago V. People, 80 111., 496. Elections. 35 2. An election, in a city, to determine the question of incorporation under this statute, is not invalid by reason of the failure of the city authorities to provide, in the ordinance calling’ such election, to submit at the same time the question of minority representation; Chicago v. People, 80 111., 400. 57. Aldermen under minority plan.] § 7. Eveiy such district sliall be entitled to three aldermen, who shall hold their office for two years, and until their successors shall be elected and qualified. At the lirst general election for mayor after the passage of this act, and every two years thereafter, there shall be elected in each ward as many aider- men as such ward shall be entitled to; Provided, that aldermen elected under this act, in wards wherein aldermen were elected for two years at the last ])revious annual election, shall not take their seats as such until the terms of the aldermen last aforesaid shall expire. Vacancies shall be filled at an election to be held by the voters of the district in which such vacancies shall occur, at the time to be designated by the city council. In all elections for aldermen, aforesaid, each qualified voter may cast as many votes as there are aldermen to be elected in his district, or may distribute the same, or equal parts thereof, among the candidates, as he shall see fit, and the candidate highest in votes shall be declared elected, [^s amended hy act approved and in force April 11, 1883. L. 1883, p. 57. 58. Aldermen when minority plan not adopted.] § 8. If a majority of the votes cast at such election shall be “ Against minority representation in the city council ”, the preceding section shall be null and void, so far as it relates to such city at such election, and the aider- men of such city shall be elected as otherwise provided for in this act. 59. Place of election — notice.] §9. The city council shall desig- nate the place or places in which the election shall be held, and appoint the judges and clerks thereof, and cause notice to be printed in some newspaper published in such city, if there be one, or posted at each voting place in such city, of the time, places of election, and of the officers to be elected, for at least twenty days prior to such election. 60. Manner of conducting elections etc.] § 10 . The manner of conducting and voting at elections to be held under this act and con- testing the same, the keeping of poll lists and canvassing the votes, shall be the same, as nearly as may be, as in the case of the election of county officers, under the general laws of this state. The judges of election shall appoint clerks, when necessary to fill vacancies, and the judges and clerks shall take the same oath and have the same powers and authority as the judges and clerks of general state elections. After the closing of the polls, the ballots shall bo counted and the returns made out and returned, under seal, to the city or village clerk, as the case may be, within two days after the election; and, thereupon, the city council or board of trustees, as the case may be, shall examine and canvass the same and declare the result of the election, and cause a statement thereof to be entered upon its journals. 1. See Rev. Stats., 1874, cli. 46, “Elections”, 46-64, as to the manner of con- ducting elections; Additional Laws — Elections, post. ’ EuX’TIONS. 2. Soo liov. Stilts., 1874, rli. 40, “Elections”, §§ 94-123, as to the contesting of elections; Additional Laws — Klkctions, j)ost. 3. This section, as to the riuiniremoiit that elections thereunder shall bo conducted and contested, so lujarly as may be, iis in the case of county officers, applies, only, to siudi cities iuid vilhiijes as have adopted this statute and organized thereunder; Brush V. Lemma, 77 111., 490. 4. 3'he county court has jurisdiction to liear iiiid determine contested elections of mayors of cities organized under this statute. Tbe city council has no such jurisdic- tion; Winter t'. Thistlewocnl, 101 111., 453. 61. Result — tie. I §11- The jtersou naving tlie iiigliest number of votes, for any olHce, sliall be declared elected. In case of a tie in the election of any city or village officer, it shall be determined by lot, in presence of the city council or board of trustees, in such manner as they shall direct, which candidate or candidates shall hold the office. 62. Notice to persons elected or appointed.] § 12. It shall be the duty of the village or city clerk, within five days after the result of the election is declared or appointment made, to notify all persons elected or appointed to office of their election or a]>pointment, and unless such persons shall respectively qualify in ten days after such notice, the office shall become vacant. 1. Where one was elected a justice of the peace and, within the time limited, filed his official bond in compliance with the statute, except that the condition thereof omitted to recite the requirement: “and that he will well and truly perform all and every act and duty enjoined on him by the laws of this state, to the best of his skill and abilities ” ; and, after the expiration of the time limited, in which to qualify, filed a new bond, containing the provision omitted to be stated in the first, it was held that the first bond was insufficient, that the second was not filed in apt time and, therefore, that the office was vacant; People -y. Parcells, 3 Gilm., 59. 2. Failure to give bond within a time prescribed by a city charter is but a cause of forfeiture of office; the council waives the forfeiture by subsequent approval of the bond; Launtz v. People, 113 111., 144. 3. Statute requiring oath and bond filed within a time prescribed applies only to one to whom certificate of election has been given; Farwell y. Adams, 112 111., 60. 4. Election contested. Sufficient if contestant qualifies within the same time after judgment in his favor as prescribed for making oath etc. to entitle him to the fees etc. of the office received by the unsuccessful party; Fainvell y. Adams, 112 111., 60. 5. The fact that one lawfully elected to a municipal office takes the oath and files his official bond is not, ipso facto, a vacation of a prior valid appointment to the same office. If he did not accept the office under the void election, no thing prevents him from continuing to act under the previous valid appointment, until his successor is duly elected and qualified. Xor is he, by such acts, estopped from averring that he did not accept the office and enter on the duties conferred by the void election; Forristal i\ Peoide, 3 App., 470. 6. Officers elected on the proper day, refusing to qualify, become officers de facto; their acts are valid as to third persons, and can not be collaterally attacked; Coles Co. V. Allison, 23 111., 437. 63. When no quorum in office — special election.] § 13. If, for any cause, there shall not be a quorum in office of the city council or board of trustees, the mayor, clerk, or any alderman or trustee, as the case may be, may appoint the time and place for holding a special elec- tion to supply such vacancy and give notice and appoint the judges thereof. 64. Special elections.] § 14. If there is a failure to elect any of- licer herein required to be elected, or the person elected should fail to qualify, the city council or board of trustees may fortliwith order a new Powers of the City Council. 37 election therefor; and in all cases, wiien necessary for the ])urposes of this act, may call special elections, appoint jndi];es and clerks thereof, canvass the returns thereof, and provide by ordinance for tlie mode of conducting the same ; and shall give notice of such special elections, in which shall be stated the questions to he voted upon, and cause such notices to be published or posted for the same length of time and in the same manner as is required in the case of regular annual elections in such cities or villages. 1. This section confers, on the city council, the power to call a special election in all cases when necessary, for the purposes of the statute; under which the city has been re-incorporated. The power does not depend on the fact of a failure to elect officers on the day appointed by the statute (see art. 4, §§ 1, 2); Crook v. People, 106 111., 242. 2. Special election and general election held on the same day, ballots in separate boxes but polls closed simultaneously. It can not be said that either question was first decided; People v. Town Bishop, 111 111., 133. ARTICLE Y. Powers of the City Council. Section. 65. Special powers of the council. 66. Style of ordinance. 67. Publication of ordinance — when in force. 68. Proof of ordinance. 69. Actions to enforce fines and penalties — how brought. 70. Fines and licenses — paid to treasurer. 71. Summons — affidavit — punishment. Section. 72. Jurisdiction of justices of the peace. 73. Jurisdiction of justices and police magistrates. 74. Constable or sheriff may serve process etc. 75. Jurisdiction over waters — street labor. 76. Jurisdiction over the Ohio river. 77. Jurisdiction on river boundaries for police purposes. 65. Special powers of the council.] § 1. The city council in cities and the board of trustees in villages shall have the following powers : 1. A corporation can exercise only such powers as are conferred on it by the act creating it; Trustees etc. v. M’Connell, 12 111., 138; such as are expressly conferred bv charter or are necessary to carry into effect powers granted; Pres’t etc. v. Map- pin, 14111., 193. 2. A corporation derives all its powers from the statute and is capable of exerting its faculties onlv in the manner therebv authorized; Metrop. Bk. v. Godfrey, 23 111., 602. 3. Municipal corporations can only exercise such powers as are conferred on them b}’ their charters; all persons dealing with them must see that they have the power to do the proposed act; Law v. People, 87 111., 385. 4. The powers granted to municipal corporations are not vested rights; their char- ters mav be amended, changed or repealed bv the legislature; Mt. Carmel v. Wabash Co., 70 ill., 69. 5. Any acts a city council may assume to perform not fairly within the powers con- ferred on it by statute are void; Alton v. JEtna Ins. Co., 82 111., 45. 6. A grant, in terms or by necessary implication, must be shown for all the powers a municipal corporation attempts to exercise; Sherlock d. Winnetka, 68 111. 530; Bis- sell V. Kankakee, 64 111., 249; Mix r. Boss, 57 111., 121. 7. All powers possessed are held in trust for the people of the municipality and for the public generally. The governmental and administrative powers, other than 38 Powers of the City Council those coulemid by statutory or eonstitutional enactment — which are self executing, can only be exercised l>y ai)])ropriate ordinances; Zanone Mound C., 103 111.* 555. First — To control the finances and property of the corporation. 1. A city, as an incorporation, can only bind itself for the payment of money, for Jabor p(!rformed for its benefit, by ordinance or by re.solution; or it might, by either of these modes, authori/,e its officers or agents to make such contracts; Alton v Mulledy, 21 III., 70. 2. The usual manner in which a city etc. speaks, acts or binds itself for the pay- ment of money is by ordinance or resolution, adopted by its common council; Athens 'C. Thomas, 82 111., 259. 3. City council may compromise a case in judgment — not final — and accept a sum less than the face of the judgment and bind the city by the settlement; Agnew v. Brail, 124 111., 314. 4. City may settle doubtful and disputed claims against it or in its favor; Agnew t;. Brail, 124 111., 314. 5. See Additional Laws — S ale of Pkoi’EUTY. Second — To appropriate money, for corporate purposes only, and provide for payment of debts and expenses of the' corporation. “Corporate purposes”; a tax for “corporate purposes” is for that which will pro- mote the general ])rosperity and welfare of the municipality which levies it; Taylor Thompson, 42 111., 9; Livingston Co. c. Weider, 04 111., 427; Chi., D. & V. HR. Co. V. Smith, 62 111., 268. Third — To levy and collect taxes for general and special purposes on real and personal ])roperty. 1. See art. 7, p; 2; as to appropriation bill. 2. See art. 10, § 3; and Additional Laws — Water Works; as to taxation for water supply. 3. When a municipal corporation claims the right, by taxation or otherwise, to divest individuals of their property without their consent, it must show, as warrant, a grant of power, in terms or by necessary implication; Sherlock v. \Vinnetka, 68 111., 530; Mix x. Ross, 57 111., 121. 4. A municipal corporation may levy a tax to pay the expense of collection and to meet deficiencies likely to occur, over and above the sum actually required to pay its debts etc. When this is done, by the corporate authorities, in the fair and honest exercise of the discretion vested in them, the courts will not interfere; Hyde Park v. Inplls, 87 111., 11. 5. The element of uniformity is necessary to the validity of a tax levied “ on the persons and property of citizens”; but, a tax imposed on a corporation — as such — is not a tax on “ the persons or property ” of the corporators — stockholders. Immunities claimed by the individual members of a corporation can not be extended to the corporation itself; Ducat v. Chicago, 48 111., 172. Fourtli — To lix the amount, terms and manner of issuing and re- voking licenses. ' 1. Power to regulate a calling or business, authorizes exaction of a license fee; that the fee may exceed the expense of issuing license and inspection, does not render it illegal or unreasonable; Kinsley v. Chicago, 124 111., 360. 2. Courts do not pass on the reasonableness of liquor license fees; Dennehy v. Chicago, 120 111., 631. 3. A license fee prescribed, by city ordinance, being for the purpose of raising revenue can not be sustained as the exercise of the police power conferred; Chicago V. Phoenix Ins. Co., 126 111., 269; Chicago v. Case, 126 111., 282 note. 4. A license fee imposed, on certain avocations etc., carried on within the corporate limits, is not a tax, within the constitution; U. S. Dist. Co. v. Chicago, 112 111., 22. 5. A license is not a tax, within the meaning of the constitution; hence not, neces- sarily, uniform — as to its price — in different localities of a city; E. St. L. i\ Wehring, 46 111., 392. Powers of the City Council. ;J9 0. Wholesale li(iiior license fee is not a tax; it is the price of a j>rivilege which may be altogether denied; Dennehy c. Chicago, 120 111., G81. 7. Without the adoption of a general ordinance authorizing the issuing of licenses, specifying who shall issue them, the length of time they are to run, the amount to be paid and the time and manner of payment, there is no ])ower to issue a license to any one. In an action to recover a penalty such an ordinance must be proved; Bull V. Quincy, 9 App., 127. 8. The pow'er to grant licenses is in the city council; but, the council may, by ordinance, grant licenses to a certain class of ])orsons, on certain conditions, by authorizing the mayor to issue or cause license to be issued when the conditions are complied with; Swarth t'. People, 109 111., 020. 9. The power to enforce all rules, ordinances, by-laws and ])olice and other regu- lations of a city by penalties not exceeding one hundred dollars for any offense against the same does not, necessarily, confine the city to that mode, nor to a suit based on the bond of a grocery keeper for violations — by him. The city, in the exercise of the police powers conferred, may pro\"ide for the revocation of his license; Schwuchow -y. Chicago, 08 111., 444. 10. Ordinances discriminating in the rates for licenses in different parts of a city are not unconstitutional; E. St. L. i\ Wehring, 40 111., 392. 11. Where power is conferred to prohibit or regulate and license the sale of intoxi- cating liquors (see cl. 40), the city may grant the privilege of selling on such terms and conditions as it may see fit to impose — as that it shall be subject to revocation on the violation of any ordinance passed to regulate the traffic; Schwuchow v. Chicago, 08 111., 444. 12. The i)ower to tax, license and regulate, authorizes city authorities to adopt any reasonable ordinance for the purpose; the city may tax, license and regulate the business and the ordinance, therefor, may j)roperly empower the mayor to revoke the license for cause; Schwuchow c. Chicago 08 111., 444; Wiggins i\ Chicago, 08 111., 372. 13. If a city grant a license it may impose conditions; Launder v. Chicago, 111 111., 290. 14. One who takes license to engage in a business, otherwise against his right, takes subject to restrictions imposed by ordinance authorizing the license; Launder i\ Chicago, 111 111., 290. 15. To take a license recognizes the validity of ordinance authorizing it; Launder V. Chicago, 111 111., 290. 10. One who has accepted a license from the mayor of a city, under an ordinance empowering the mayor to revoke for cause, the license reciting that it may be revoked by such mayor, at any time — in his discretion — can not say that the mayor has no power, and that the license can be revoked by judicial sentence only; Wiggins c. Chicago, 08 111., 372; Sclnvuchow c. Chicago, 08 111., 444. 17. The control of the liquor traffic, being a police regulation, no ])erson can acquire such a vested right therein, by a license, that the control thereof can not be resumed, when the interests of society require such resumption; Schwuchow v. Chi- cago, 08 III., 444; Wiggins v. Chicago, 08 111., 372. 18. The power to revoke a license does not authorize depriving licensee of the use of his property by force; Baldvviu i\ Smith, 82 111., 102. 19. The payment of a less sum for a license than the sum required by law does not authorize it to be issued; if it be issued it is a nullity; Spake v. People, 89 111., 017. 20. Money voluntarily deposited in a city treasury as the price of a license is not subject to garnishment, though the depositor has not fully complied wuth the condi- tions on which a license may issue; Smith v. \V'oolsey, 22 App., 185. 21. It is not essential to the validity of a license granted under an ordinance, that the signatures of the mayor and city clerk be affixed with a pen. Such signatures may be by stamping a fac simile of the written signature of the officer, if done by him or by another, under his direction or bv his request; Swarth i\ Paxton, 109 111., 020 . 22. See Additional Laws — AGmcui/rUKE. Fifth — To borrow money on the credit of the corporation, for cor- porate purposes, and issue bonds therefor, in such amounts and form, and on such conditions as it sliall prescribe, but shall not become in- 10 Powers of the Cjty Coiwoii.. in JUiy innnncr oi‘ for any ))ur])ose to an ainonnt, including ex- isting indebtedness, in tlie aggi-egaie to exceed live (5) per centnin on the value of the taxable property therein, to be ascertained by the last assessment for state and county taxes ))revioiis to the imairring of such indebtedness; and before or at the time of incurring any indel)tedness, shall provide for the collection of a direct annual tax siithcient to ])ay the interest on such debt as it falls due, and also to pay and discharge the ])rincipal thereof within twenty years after contracting the same. 1. Seo art, 7, § 3; in limitation of the power. 2. S(M‘ art. 10. ^ t; as to the ]>ower to borrow for a water su])p]y. 3. I’owcr giv(oi to a city to borrow money, for a ])ropos(ul ]>nl)lic improvement, l^ives, as a necessarv incident, ])ower to issue its bonds for the money; Dutton®. A rora, 114 111., M2.‘ 4. 'I'bere bein^ mt ex])ress authority, the general ])ower, incident to a municipal corporation, to issue bonds foi- (‘xisting indebtedness or for money borrowed, for cor- porate ])urposes, does not include j)ower to issue bonds as a simple donation; Bissell T. Kankakee, (54 111., 2411. 5. Municipal cori)orations can no+ bind themselves to pay their indebtedness at any other place than at their treasury: unless specially authorized b}' legislative enact- ment; Pekin r. Keynolds, 31 111., 021): People ®. Tazewell Co., 22 111., 147. (5. If payable elsewhere they ai'e not, thereby, invalidated; but, such provision is void; Sherlock v. Winnetka, 6*8 111., 530. 7, All persons dealing in securities issued by a munici])al corporation are charge- able with notice of a, want of authority to issue them; Marshall Co, v. Cook, 38 111., 44; see Chi. & G. E. lUi. Co. i\ Fox, 41 111., lOG. Sixth — To issue bonds in place of or to sup|)ly means to meet ma- turing bonds, or for the consolidation or funding of the same. 1. Power to borrow money for a proposed public improvement gives, as a neces- sary incident, power to issue its bonds for the money; Dutton v. Aurora, 114 111., 142. 2. A ])ower granted to issue city bonds, for particular ])uri)oses, with silence as to the mode or manner in which the ])ower shall be exercised; the manner of its exer- cise is within the discretion of the city council, except that it must be done under an ordinance on the subject. The council may provide for submitting the question to a vote of the people; the election will be valid; Mason r. Sbawneetowu, 77 111., 533. 3. Where the power, in the charter of a city, to borrow money, required the money borrowed to bo expended and applied in liquidation of its debts and in the perma- nent and useful improvement of the city, it was held that the corporation was not, thereby, prohibited from funding the existing debt and issuing the proper evidences thereof; Galena v. Gorwitb, 48 111., 423. 4. Where a city was authorized to issue bonds bearing, not to exceed, eight per cent, interest and bonds were issued bearing twelve per cent, interest, it was held that tbev were valid ]>ro tanto and the citv was bolden for eight per cent.; Quincy v. Warfield, 25 Ilk. 317. 5. Municipal authorities being autboriz(‘d to issue bonds generally, though only to an amount limited in each year; they may, without express authority, issue such bonds in lieu of others overdue; Quincy r. Warfield, 25 111., 317. 6. Municipal bonds, issued in aid of a pur])ose not a corporate ]mrpose, under the constitution of 1848, were void; Mather r. Ottawa, 114 111,, 660. 7. Bonds of a municipal corporation issued without legal authority are void, even in the band of an innocent purchaser without actual notice of the want of power in the corporation to issue them; Ryan r. Lynch. 68 111., 160; Big Grove v. Wells, 65 111., 263; Livingston Co. ®. Weider, 64 111., 427; Bissell r. Kankakee, 64 111., 249. 8. Taxes levied and collected to pay on municipal bonds constitute a special trust fund which can not be used for some other purpose — although the bonds be void; Aurora r. C., B. & Q. RR. Co., 119 111., 248. 9. A county has no power to issue bonds for railroad stock or aid. except when such was authorized by law and a popular vote bad prior to the adoi>tiou of the con- stitution; Oustott L\ People, 123 111., 491. Towkiis of the City Council. 41 10. Since the constitution of 1870 the conditions on which mil road aid was thereto- fore granted can not be changed, to authorize an issue of bonds for stock; lliclie- son V. I’eople, 115 111., 458. 11. Bonds lawfully issued, prior to the constitution, und<;r j)ower to tax to pay them; a statute which would deprive the corporation of the means of payment would, as to them, bo void; P., 1). k E. By. Co. i\ People, ll(j 111., 404. 12. Municipal bonds issued without authority of law, in aid of railroad companies, are void, in whose hands soever; collection of taxes to pay interest thereon may be enjoined; People v. Hamill, 125 111., 603. 18. Municipal bonds, in aid of a railroad, voted after the separate article of consti- tution. 1870, went into effect are void, in the hands of innocent holders for value; Wade V. Town LaMoille, 112 111., 84. 14. Bonds issued in aid of a railroad prior to the constitution; it is obligatory to levy and collect, annuallv, a sufficient tax to pay interest and i)rincipal as due; P., D. & E. By. Co. r. People, 116 111., 404. 15. Payment of excess of interest may be enjoined; Locke v. Davison, 111 111., 26. 16. The bonds of a county, issued without authority, being void the mere levy of taxes and payment of interest on them will not render them valid; Marshall Co. v. Cook, 88 111., 44. 17. Municipal bond void; no subsequent act, or recognition of their validity, by the municipal authorities can estop the tax i)ayers from denying their legality; Byan v. Lynch, 68 111., 160. 18. Bonds issued without authority of law are void; an innocent purchaser before maturity acquires no rights under them to be protected. Such purchaser must look to the authorit}^ under which thev purport to have been issued; Gaddis v. Bich- land Co., 92 111., 119. 19. A resident of a city who buys its bonds is chargeable with notice of the pur- pose and object of their issue if the ordinance authorizing them states :t; Mather v. Ottawa, 114 111., 660. 20. If the legal power or authority to issue municipal bonds existed, but was de- fectively, or irregularly, executed, they are, only, voidable; an innocent holder may collect them; Byan v. Lynch, 68 111., 160. 21. Irregularities in the issue of municipal bonds do not affect their validity; un- less they go to the power to issue; Douglas 'c. Niautic S. Bd., 97 111., 228; Hewitt v. Normal Sch. Dist., 94 111., 528; Lippiucott r. Pana, 92 111., 24; Barues v. Lacon, 84 111., 461; Middleport v. .Etna L. I. Co., 82 111., 562; Burr «. Carbondale, 76 111., 455; Maxcy c. Williamson Co., 72 111., 207. If such bonds are issued under a void author- ity, or without authority, they will be void, in whose hand soever they come and there can be no innocent holders thereof; Ib. SeA cnth — To lay out, to establish, open, alter, widen, extend, grade, pave or otherwise im]>rove streets, alleys, avenues, sidewalks, wharves, parks and public grounds, and vacate the same. 1. See Additional Laws — Stuef:ts. 2. The fee simple title of streets in cities is in the city; Moses r. P., F. W. k C. BB. Co., 21 111., 522; and the streets are under its exclusive control; Stephani v. Brown. 40 111., 428. 8. The fee vested in a municipality under the statute is a base or determinable fee; determined by some act or event which circumscribes its continuance — as the vacation of the plat or abaudoument of a street; Zinc Co. v. LaSalle, 117 111., 414. 4. Tlie general incorporation law vests the exclusive control and management of city streets and the location of railroad tracks in the council; Chi. D. k C. Co. v. Gar- * rity, 115 111., 161. 5. Under this statute, cities and villages have control of and ])ower to lay out, al- ter and vacate streets, and to regulate their use; M’Cartuev r. Chi. k E. BB. Co., 112 111., 635. 6. Cities have exclusive control of all the streets and alleys within their corporate limits. The fee of the street is in the corporation and its dominion over them is as absolute as is that of the owner of other lands; People v. Walsh, 96 111., 232; C. k V. BB. Co. V. People, 92 111., 170. 7. A municipal corporation holds public streets in trust, for the use of the public. Where the abutting proprietor retains the fee, the right to the possession, use and 6 iZ I’owEiiS OF THE City Council. control of the street, vested in tin; inuuiciimlity, is a le^al — not a mere equitable right; (’hicago Wright, hlJ 111., JUH. 8. A city holds its streets in trust for tlie i>ublic. It has no power to alienate them or to divest itsiilf of tlui control of them, by conferring rights the.rein inconsistent with its duty, to the |)uhlic, to ke<;p them open and to imi)rove them for use as str(;ets; Kreigli v. Chicago, 80 111., 407. 9. A chart(!f giving a city council full )>ower to repaii- streets and to ])rohibit their obstruction (see cl. ]()) giv(\s a power to be exercised for the i)ublic benefit, execu- tion (d‘ which may be insisted on as a duty. Mandamus is the api)ropriat(^ proceed- ing to compel action; Ihjople v. Bloomington, 08 111., 207. 10. This statute ini})oses on cities the duty of keeping its streets etc. in repair and gives ample ])()wer and means to that end; C’hicago v. Keefe, 114 111., 225. 11. A city, incorporated under this statute, has a large discretion as to the ojauiing, grading and repairing of streets and their sidewalks, in res])ect to the time, manner and cost of the same. In the exercise of this discretion its power will not be con- trolled by the courts; unless there is great abuse of the discretion, operating op- ])ressively on individuals: Brush v. Carbondale, 78 111., 74, 12. The municipal authorities of cities and villages are the exclusive judges of the propriety and necessity of the widening or laying out of a street within the corporate limits. A court will not interfere with the exercise of this discretion; unless there is manifest injustice, oppression or gross abuse in their action; Dunham v. Hyde Park, 75 111., 851. 18. In the exercise of this power courts will not interfere, to control the discretion of the council; unless there is great abuse operating oppressively on individuals; Brush V. Carbondale, 78 111., 74. 14. The mode of opening streets is matter of discretion with the municipal authori- ties; Peo)de r. Hyde Park, 117 111., 404. 15. Corporate authorities of cities and villages are vested with complete control over streets. They may contract or widen them, when, in tbeir opinion, the public good so re(]uires. Uaniages sustained as a consequence of the exercise of such power — when property is neither taken nor damaged thereby — is too remote and contin- gent to be allowed; Hyde Park v. Dunham, 85 111., 569. 16. A street may be widened or opened by sections; People r. Hyde Park, 117 HI., 464. 17. Different portions of a street improvement let to different contractors; during the intervals between the completion of one contractor’s work and the commence- ment of the work of another, the street is in possession of the owner and it is his dnty to guard the work and prevent danger; Todd v. Chicago, 18 A]>p., 565, 18. Streets may be opened etc. either from the general fund, special taxation or special assessment; People v. Hyde Park, 117 111., 464. 19. 'Fhe statute provides two modes of improvement; (1) by special assessment; (2) by special taxation of contiguous property, to be determined by ordinance (see art. 9, ^ 1): Enos v. Springfield, 118 111., 70. 20. The power of trustees of an incorporated town over its streets extends to pro- hibiting, by ordinance, the removal of earth therefrom, by any person, for any indi- vidual use without consent of the board; Palatine c. Kreuger, 121 HI., 78. 21. A city is under duty, in building an embankment in its street, to make suitable drains, so as to prevent water from being thrown on to the property of a citizen; Shawneetowu r. Mason, 82 111., 887. 22. The control of a street set a])art for public use, by the habendum clause of a deed conveying land, is as much in a city, in reference to grades etc., as though such street had been dedicated generally; Murphy v. (’hicago, 29 111., 279. 28. The authorities of a city have an undoubted right to alter the grades of streets, at their discretion, and to compel the owners of property to conform thereto. If this be done Avith reasonable care and diligence, no liability arises. If, however, the authorities act maliciouslv and wrongfully damages may be recovered; Roberts r. Chicago, 26 111., 249. 24. A city 7iiay elevate or lower the grade of its streets, bona fide, Avith a vieAv to tit them for use as streets. It can not be held responsible for errors of judgment herein or made liable for the inconvenience and expense of adjusting the adjacent property to the grade as changed; ShaAvneetown ». INIasou, 82 111., 887. 25. A city is not liable for damages caused by raising the grade of streets; unless the city authorities exceed their powers in so doing; Murphy o. Chicago, 29 111., 279. Powers of the City Council. 43 26 A city is liable for changing the grade of a street for purposes other than to improve it as a street; Shawneetovvn v. Mason, 82 111., 337. 27. Cities are liable to lot owners for injuries occasioned by grading or drainage; Alton V. Hope, 68 111., 167; Dixon v. Baker, 65 111., 518; Aurora v. Reed, 57 111., 29; Aurora Cillett, 56 111., 132. The rule is laid down in Nevins c. Peoria, 41 111., 502. 28. Street grades may be altered at discretion. If this be done with reasonable care no liability arises. If, however, through negligence or unskilfulness of its agents, damages occur, the corporation will be held liable; Nevins t\ Peoria, 41 111., 502; Murphy v. Chicago, 29 111., 279; Roberts v. Chicago, 26 111., 249. 29. In exercising the power to change the grade of a street, if a city fails to exer- cise prudence and skill, it will be liable for all damages that result from such action; Elgin Eaton, 83 III., 535; Bloomington v. Brokaw, 77 111., 191; Dixon v. Baker, 65 111., 518; see Elgin v. Kimball, 90 111., 356. 30. Private property damaged by a change of street grade; the recovery is to be measured by the extent of the pecuniary loss; if it is benefited as much as damaged there can be no recovery; Elgin i\ Eaton, 83 111., 535. 31. The laws in force at the time a city enters on the improvement of a street — as by changing its grade — fix and determine the right of a property owner to damages; it can not be changed by subsequent legislation; Elgin v. Eaton, 83 111., 535. 32. Action for damages by change of grade of sidewalk; instructions ignoring special benefits are defective; Elgin c. jM’Callum, 23 A]>p., 186. 33. There can be no recovery for depreciating by effect merely upon the app*earance of a house because of changes wholly external to the premises — as by raising a street grade; Springfield v. (xrifhth, 21 App., 93. 34. A municipal corporation is charged with the supervision of its streets; Cham- paign V. MTnnis, 26 Ap|)., 538. 35. Village charter conferring power to n^gulate etc. its streets and to tax to improve them; it is under duty to keep all its streets — including bridges thereon — ■ in a reasonably safe condition for public use, although highway commissioners may have assumed their control in part; Marseilles «. Howland, 124 111., 551. 36. It is a city’s duty to keep its streets and sidewalks in a reasonably safe condi- tion for travel; Chicago w. Dalle 115 111., 388: Mansfield c. Moore. 124 111., 136; Cham- paign V. M’Innis, 26 App., 538. 37. A city, incorporated under the general incorporation law, owes the duty of keeping its streets, sidewalks etc. in repair and has ample power and means to that end; Chicago v. Keefe, 114 111., 225. 38. The duty is to keep streets and sidewalks in proper repair, for all persons law- fully using them, without regard to the motive or object of persons in nassing over them; Chicago v. Keefe, 114 til., 225. 39. The duty of a municipality to maintain streets in a safe conaitiou can neither be delegated nor evaded; Springfield «. Scheevers, 21 xVpp., 203. 40. A city is not an insurer against accidents in resnect of its streets and sidewalks; Chicago V. Granville, 18 App., 308. 41. A municipality, incorporate I under the general law, is liable for an injury resulting from a breach of its duty to keep its streets and sidewalks in a reasonably safe condition for travel in ordinary modes; Sterling i\ Thomas, 60 111., 264; Centralia 1). Scott, 59 111., 129; Peru r. French, 55 111., 317; Jefferson r. Chapman, 27 App., 43. 42. Ordinary care and diligence must be exercised to keep streets and sidewalks reasonably safe; Centralia v. Crouse, 64 III., 19; Rockford v. Hildebrand, 61 111., 155. 43. City is, only, bound to reasonable diligence to keep its streets in a reasonably safe condition; Joliet v. Meaghan. 22 A])p., 255; and is, only, liable for failure to ex- ercise ordinary care and ]>rudence in that regard; Mansfield i\ IMoore, 124 111., 136. 44. Municipal authorities assuming a duty as to a sidewalk on private land, as a part of a street, are bound to the same vigilance as is exercised as to public sidewalks; Mansfield v. Moore, 124 111., 136. 45. City is liable, only, for failing to exercise reasonable and ordinary care and diligence to keep its streets and sidewalks in safe repair and condition — in the ab- sence of positive misfeasance of its officers and employes; Chicago i\ Glanville, 18 App., 308. 46. Action lies, against a municipal corporation, for damages resulting from it^ negligence in keeping public streets and sidewalks in repair, when the duty is de- clared and means furnished; Chicago v. Keefe, 114 111., 225. 11 rowEKs OK Tilt: City Couxcn.. •17. A iiiimicipiility i.s only l)omi(l to exorcise reasf)n}ible (liligfoice in Iteeping its stre(!ts and sidewalks in a r(^asonal)ly safe condition; (,’liicago r. Hixby, «4 111., 82; ItocUrord r. I{iissell. 1) A])])., 221); Monnionth v;. Sullivan, 8 App., 50; Chicago v;. Wat- son, 0 A))p., ;141; (iibson /). .Johnson, 4 App., 288; Warren v. Wright, 8 Aj)p., 682; El Ea.so r. Causey, 1 Aj)p., 5:31. 48. The utmost that can be required of a city is that it .shall exerci.se reasonable care in tlie construction and maintenance of its siflewalks; Joliet v. W'alker, 7 App., 267; Macomb r. Smithers, 6 A])))., 470. 49. \N'her(! the fee remains in land owner, the public may make culv’erts, drains and sewers, lay gas and water ])ipes and erect lamp po.sts etc.; the fee owner can do no act interferiiig with sucli rights; Palatine «. Kreuger, 121 111., 73. .50. An injunction will nevei- issue to prevent a municipal corporation from keeping a ])ublic stre(“t o])en to the ])ublic use; nor to interfere with the exercise, by a city, of the power of eminent domain, granted to it; Chicago v. Wright, 69 111., 318. 51. Where no private rights are involved or invaded — in the absence of constitu- tional restriction — the legislature may vacate or discontinue a street or invest muni- cipal cor]>oi-ations with this authority; People v. Walsh, 96 111., 232. 52. WHierea street or alley, the fee of which has passed to the corporation, by the making and recording of a plat, is vacated by the corporate authorities and its use abandoned, the fee thereof will revert to the original owner who dedicated the same — not to the abutting owner — neither the legislature nor the corporate authorities can divest such owner of it; Gebhardt v. Peeves, 75 111., 301; iSt. John Quitzow, 7JUL, 3 : 34 . 53. City stre(‘t or alley can be vacated or closed only by three-quarter majority vote of all aldermen authorized to be elected, the votes to be bv aye and nay and to be record<‘d; St. L., A. & T. II. PR. Co. t). Belleville, 122 111., 382^ 54. No rights are acquired in a village ordinance vacating streets, until it is pub- lished in accordance with the charter; until so published it may be repealed without depriving any one of any vested right; Gorniley v. Day, 114 111., 188. 55. Repeal of an ordinance for opening a street, except as to lands taken, vacates only the ]>art not in fact opened; People v. Ilj^de Park, 117 111., 464. 5(), Vacating a street not adjacent to a particular lot and not depriving the owner of access or egress is not a taking or damaging of the lot for public use; E. St. Louis r. O’Flynn, 119 111., 203. Eighth — To plant trees upon the same. 1. A town, having control of its streets with power to improve them, may allow ]>roperty owners to adorn the same, by setting out and caring for shade trees along their premises. By so doing it will not lose its control over the trees so planted and may protect the same, as against such parties; Baker r. Normal, 81 111., 108. Kinth — To regulate the use of the same. 1. The use of city streets, for any purpose, must be for the public; no person, na- tural or artificial, can acquire an exclusive right to use or for merely private pur- poses; Chi. I). & C. Co. V. Garrity, 115 111., 161. 2. A city has no power to alienate its streets to others or divest itself of its con- trol over them, by conferring rights therein inconsistent with its duty to keep open and improve them for use as streets; Kreigh r. Chicago, 86 111., 407. 3. Municipal corporation can not invest private persons with any right in lands dedicated as public streets inconsistent with their use as such; therefore, the statute of limitations will not run in favor of such persons to bar public rights; Lee v. Mound Station, 118 111., 312. 4. Neither city nor town can confer an exclusive right of use on any one depriving it of its character as a public highway; St. L., A. & T. II. PR. Co. v. Belleville, 20 App., 580. 5. The thirty-eighth section of chapter 105 of the Revised Statutes of 1874, “ Parks ”, authorizing the counectingof contiguous ])arks — by boulevards or pleasure ways under the control of park commissioners, as in the case of other ])ublic grounds established by them — has no reference to pilor established streets. It neither authorizes park commissioners to purchase or acquire established strrivate corporations to connect with public tracks; Chi. 1). & C. Co. V. Garrity, 115 111., 101; the limitation on the power to grant includes per- sons — both natural and artificial; lb. 31. Ily laying tracks etc., by authority, in a street, a railroad acquires the perma- nent easement or right to maintain and use its road free from hindrance or molesta- tion not incident to the proper and ordinary use by the public; C. & W. I, RR. Co. v. C., St. L. & P. RR. Co., 15 App., 592. 32. Grant of the use of ground of a vacated street to railroad uses does not create a liability of a city to a lot not abutting thereon; E, St. Louis v. O’Flynn, 119 111., 203; or for an act done without authority; Ib. 33. Permission to lay railroad tracks on a street must plainly appear and not be left to doubtful implication; C., I). & V. RR. Co. v. Chicago, 121 111., 182. 34. Ordinance carefully naming streets for use by a railroad, followed by a general clause authorizing all such tracks “ as may be necessary to the convenient use ” etc. gives no authority to use streets not named; C., D. & V. RR. Co. v. Chicago, 121 111., 182. 35. An ordinance which limits the use of streets by a railway company accepted by the company, with an express avowal in accord with the limitation, does not prohibit the acquisition of enlarged rights in future; M’Cartnev v. Chi. & E. RR. Co., 112 111., 628. 36. Authority in charter to construct a railroad from a point “to and into the city of Chicago”, with general authority to cross any road etc. on the route does not grant the use of streets of such city; C., D. & V. RR. Co. v. Chicago, 121 111., 182. 37. A doubt as to a charter right to lay railroad tracks on city streets maybe solved by an ordinance giving the right, confinned by statute; M’Cartney v. Chi. &, E. RR. Co., 112 111., 631. 38. An incorporated town, clothed with a general police power over its streets and with a like power over the subject of nui.sances (see cl. 75) has the right and authority to ordain that a city railway company, in constructing its track on a street, shall so place the track as to enable wagons, carriages and other vehicles to pass thereover without inconvenience or danger, and to provide a penalty for violation of the ordinance; N. C. C. Ry. Co. v. Lake View, 105 111., 184. 39. The general law does not authorize a grant of a right to use streets for freight- age purposes to a railroad built for passenger use without a petition of property owners; M’Cartney v. Chi. & E. RR. Co., 112 111., 637. . 40. Attorney general has a right to proceed to enjoin the occupation of a public city street by a horse and dummy railway, it not being authorized l)y the proper authorities; Hunt v. Chi. H. & D. Ry. Co., 121 111., 642. Ten til — To prevent and remove encroachments or obstructions upon the same. 1. A city has no right to so obstruct its streets, or to authorize the same to be done, as to deprive property holders from free access to or from the lots abutting on the , .same; Stack v. E. St.* L., 85 111., 377; Rockford v. Russell, 9 App., 229. 2. A city, as owner in fee of streets, has power to prevent encroachments thereon by individuals and is not therein limited to the surface of the ground; a sale of coal Powers of the City Council. 47 with a right to mino under tlio street by a lot owner giv^es no right lo enter; LaSalle Matth. etc. Co., Ki Apj)., 75. 8. As ail incorporated city, town or village is vested with the fee of the streets therein, one who obstructs such a street is liable to the corporate authorities — not to the statutory i)enalty; Leech v. Waugh, 24 111., 229. 4. A municipality possessing the fee in streets may maintain ejectment against any one who wrongfullv intrudes upcm, occupies or detains the jiroperty; Chicago v. Wright, ()9 111., 818.* 5. One who obstructs a road which is used by the public, for even the shortest period of time, does so at his peril; Ferris v. Ward, 4 Oilm., 499. (>. The rule is well settled that, for any obstruction to streets, not resulting in special injury to the individual, the pulilic, only, can complain. Where the obstruc- tion is a public offense and special injury thereby results to a person, the latter may maintain an action against the wrong doer; M’Donald v, English, 85 111., 282; Riche- son V. Richeson, 8 App., 204. 7. The owner of city lots has no right to mine thereunder though no injury may thereby result to the street — as such; Zinc Co. v. JjaSalle, 117 111., 414. 8. If a railroad company unnecessarily obstructs the streets of a town, contrary to the ordinance of the to\vn, it will be liable for the penalty prescribed; T., P. & W. RR. Co. V. Chenoa, 48 111., 209; 1. C. RR. Co. v. Galena, 40 111., 844; (It. W. RR. Co. Decatur, 28 111., 381. 9. Joint use of a street in the public and a railroad company; the company may be convicted of a breach of ordinance against obstructing streets and crossings by loco- motives and cars; St. L., A. & T. H. RR. Co. v. Belleville, 122 111., 382. 10. An ordinance forbidding “ obstructions of any kind ”, is broad enough to em- brace the obstruction of a street by railroad cars; 1. C. RR. Co. 'V. Galena, 40 111., 844. 11. A city ordinance ])rohibited railroad companies from allowing their engines, machinery or cars to stand or remain on a traveled railroad crossing, used by teams and for travel, in passing and repassing, to the hindrance and detention of the same. In suit to recover the penalty, the offense was held to have been made out on a showing that cars were left standing on a switch, leaving a space between them of only ten or twelve feet at the crossing, and, also, a car on another switch standing opposite this open space, through which none other than a gentle team could pass in safety; Gt, Wii. RR. Co. v. Decatur, 83 111., 381. 12. If the municipal authorities authorize a structure ui)on a public street, or other obstruction, that causes injury to adjacent lot owners, it vvdll be liable for the injury sustained; Stack v. E. St. L., 85 111., 877. 13. Any person may remove a fence erected across a highway, without being a trespasser; Marcy v. Taylor, 19 111., 684; Brooke v. O’Boyle, 27 App., 884. 14. City in possession and use of land as a street, during twenty-six years; injunc- tion should not issue to restrain removal of a fence placed thereon by one who claims ownership of the land; Toof v. Decatur, 19 App., 204. 15. It is a duty of a municipal corporation to exercise reasonable care and diligence in the removal of dead animals or other objects in a public street, calculated to frighten horses, after actual notice of the same. After the lapse of such a time that it should — by the exercise of reasonable diligence — have had knowledge thereof ac- tual notice may be presumed; Chicago v. Hoy, 75 111., 580. 16. Judgment against a city for damages caused by one who obstructs or excavates in a street, who has notice of the suit, concludes him as to ail matters necessarily in- cluded in the adjudication in an action by the city to recover the sum compelled to be paid; Todd v. Chicago, 18 Apj)., 567. Eles^eiitli — To provide for the lighting of tlie same. 1. The failure to avail of a power to light streets can not be regarded as an act of negligence, in an action to recover damages, by one who receives injury by falling into an excavation in the sidewalk or street, in the night time; Freeport v. Isbell, 88 111., 440. ' ’2. If a city assumes to light a street or bridge, under a discretionary power, and does it in such a negligent manner as not to afford proper security from danger and one is injured by falling into an excavation in the night time, the fact may be shown on the question of negligence; Freeport v. Isbell, 83 111., 440. Twelfth — To provide for the cleansing of the same. 48 POWKHS OF TlHi: CiTY COUNCIL. Tliirtoentli — To regiihite tlio opeiiiiiij;?! therein for the laving of gas or water mains and [)ipes, and the building and re})airing of sewcivs, tunnels and drains, and erecting gas lights: Provided, liowever, that any com])any heretofore organized undei’ the general laws of this state, or any association of persons organized, oi’ which may be hereafter or- ganized for the pni-pose of maniitactnring illnminatiiig gas to supply cities or villages, or the inhabitants thereof, with the same, shall have the right, by consent of the common council (subject to existing rights), to erect gas factories, and lay down pipes in the streets or alleys of any city or village in this state, subject to such reguhilions as any sucli city or village may, by oixlinance, impose. 1. See notes to clause 9; as to use of sti'eets. 2. See Additional Laws — Streets, post. :j. A city has a rigdit to construct sewers in its streets. It lias no riglit, in doing so, to leave jiilesof dirt upon a street in such condition as to render it unsafe for wagons to ])ass; Chicago c. Brophy, 79 111., 277. 4. What sewerage is necessary for the welfare of a city is to be determined by its legislative authority; St. L. Bri. Co. v. People, 125 111., 227. 5. City, under special charter, having assumed control of its sewerage, created a department to construct, maintain etc. and accepted plans etc. for the extension of existing sewers, has established a sewerage system; St. L. Bri. Co. v. People, 125 111., 227. G. AVhere a city does work by contract and a servant of the contractor — without authority from the city — improperly leaves a drain open, at night, the city is not liable for resulting injury; non obstante its retention of a general supervision of the work. Aliter if the acts which caused the injury were done under and because of the direction of the city; Nevius v. Peoria, 41 111., 502. Fourteenth — To regulate tlie use of sidewalks and all structures thereunder; and to require the owner or occupant of any premises to keep the sidewalks in front of, or along the same, free from snow and other obstructions. 1. See notes to clause 9; as to use of streets. 2. Sidewalks are a part of the public street; Carter v. Chicago, 57 111., 283; Bloom- ington V. Bay, 42 111., 503. 3. Sidewalks, as part of the street, are to be kept in a safe and convenient state of repair through their entire width; Carter v. Chicago, 57 111., 283. 4. The duty, under the law, is to see that sidewalks are reasonably safe for persons exercising ordinary care and caution; Chicago v. M’Civen, 78 111., 347. 5. Keeping sidewalks in repair is referable to the power for constructing new improvements; it can not be required to be done by the abutting owner, at his own expense; Chicago r. Crosby, 111 111., 540. G. Owners of lots are not to be deprived of a sidewalk on their side of, and in, the street; even if they own a .strip of land in front of their lots, used by them for court yards. They can not, thus, be forced to use the strip for a sidewalk; Carter v. Chi- cago, 57 111., 283. 7. A city can not iwescribe a fine or penalty to be imiiosed, on owner or occupant of a lot, for failure to repair a sidewalk in front thereof; Chicago i\ Crosbv, 111 111., 540. 8. A city has not power to require the owner or occupant of premises to remove snow or ice from the sidewalks in front thereof or to inflict a fine for failure .so to do; Chicago i\ O’Brien, 111 111., 535. 9. An ordinance, of a city, requiring the occupants of premises and the owmers of vacant lots to remove, at their own expense, the snow from the sidewalk or footway, adjacent to their premises, within six hours after it ceases to fall or, if it ceases to fail within the night time, within six hours after sunrise, under penalty, can not be enforced. A city has no such power; Gridley v. Bloomington, 88 111., 554. Powers of the City Council. 41 ) 10. Side walks are a part of the street. A city is liable for injuries occasioned by defects therein; Bloomington v. Bay, 42 111., 503. 11. If the removal of a walk is a necessary incident of the work let to an indepen- dent contractor, a city will still be liable for an injury resulting from a defect of material used in constructing a sidewalk; Jefferson v. Chapman, 27 App., 43. 12. A railroad company is responsible for the condition of a city sidewalk, located on the company’s right of way and necessary for public use without proof of notice of defect; Mansfield n. Moore, 21 App., 326. 13. Mere slipperiness of a sidewalk, occasioned by ice or snow, not being accumu- lated so as to constitute an obstruction, is not such a defect as will make the city lia- ble for damages occasioned thereby; Chicago v. M’(iiven, 73 111., 347. 14. An unsafe grating placed over a part of a sidewalk, in a city, is a nuisance; being placed there, without the authority of the city, by the owner of the adjacent property, he is liable to one who is injured by reason thereof; no want of due care on the part of such injured person being shown; Stephani v. Brown, 40 111., 428. 15. A municipality will not be liable for an injury by reason of a defective side- walk if notice of the defect is not shown, or that, by reasonable diligence, it should have known thereof; Joliet r. Gerber, 21 App., 622. 16. If circumstances raise an implication of notice to any officer or agent of a city, who is under duty to communicate the existence of a defect of sidewalk the city is chargeable with notice thereof; Hearn v. Chicago, 20 App., 249. 17. Notice of defective sidewalk is presumed if the defect existed so long that the city authorities, by reasonable diligence, could have discovered it; Sterling i\ Merrill, 124 111., 524. Fifteenth — To regulate and prevent the throwing or depositing of ashes, offal, dirt, garbage or any offensive matter in, and to prevent injury to, any street, avenue, alley or public ground. Sixteenth — To provide for and regulate crosswalks, curbs and gutters. Seventeenth — To regulate and prevent the use of streets, sidewalks and public grounds for signs, sign posts, awnings, awning posts, tele- graph poles, horse troughs, racks, posting handbills and advertisements. Eighteenth — To regulate and prohibit the exhibition or carrying of banners, placards, advertisements or handbills in the streets or public grounds, or upon the sidewalks. ^*^ineteenth — To regulate and prevent the flying of flags, banners or signs across the streets or from houses. Twentieth — To regulate traffic and sales upon the streets, sidewalks and public places. Twenty-flrst — To regulate the speed of horses and other animals, vehicles, cars and locomotives within the limits of the corporation. 1. See Additional Laws — Railroads, post. 2. A town ordinance making it a penal offense to ride or drive a liorse furiously on any street; the motive of a person is proper to be considered, on his trial for violating the ordinance, where a discretion is allowed in fixing the penalty; Morton v. Pres’t etc., 18 111., 383. 3. Ordinance of a city as to immoderate driving has the force of a statute and is binding on all persons, without exception; Morse «. Sweenie, 15 App., 486. 4. Policemen and firemen — as every other person — are required to exercise proper prudence and care in the use of streets, so as not to cause injury to others lawfully upon them; Morse «. Sweenie, 15 App., 484. 5. Under authority to control the streets and to declare and abate nuisances, town authorities will be warranted in passing an ordinance declaring the use of steam as a motive power, to propel any street car or other vehicle upon or along any street railway or horse railroad, located or running upon or along any street etc. in the town, and prohibit, under penalty, the violation of such ordinance — in the absence 7 GO Powers of the City Council. of a logislativo grant authorizing tlin use of steam power as a motive power; N. C. (’. Ry. (’o. V. Lake View, lOo Jll., 211. (). Sp(Hid in transit, and punctuality in the arrival and conrujction of railroad trains, is rc(piired and is lawful; Chi. & .Miss. lilL Co. v. Patchin, 1(> ill., 11J8. 7. Speed of trains can be r(!gulated within the limits of towns by ordinance, under the statute of the state (see Additional Laws — liAii.uoAOs, post.); C., B. «& Q. UR (:o r. Haggerty, 07 111., llll; C.. R. 1. & P. Rli. Co. v. Reidy, 07 111., 43; ToL, P. & W. Ry] Co. D. Deacon, 03 111., hi. 8. A railroad com])any has no just cause to complain of an ordinance prohibiting the running of engines and cars within the limits of a town at a s})eed greater than six miles pen- hour, non obstante its charter confers the power to Ox and nigulate the speed of its trains. Its privileges granted are subject to police laws; C., B. & C^. RR. Co. V. Haggerty, 07 111., 113. 1). Railroad train running in a city at a speed in excess of that allowed by ordi- nance; to recover the penalty (Stat., 1877) it is enough to show the excessive speed and consequent injury; C. & E. I. RR. Co. v. Peo])le, 120 ill., 009. 10. To recover the penalty for injury by running at excessive speed through a city it is not error to show a speed greater than allowed by ordinance and injury as a consequence; C. & E. 1. RR. Co. v. People, 120 111., 009. 11. One who can show that his injury is the proximate result of an unlawful rate of speed, whether or not he came in contact with the train, is a “ penson aggrieved” and may proceed for the statutory penalty; C. & E. I. RR. Co. v. People, 24 App., 562. 12. Action to recover a statutory penalty for running a train through a city faster than allowed by ordinance; it is immaterial that a signal was given as the train ap- ])roached crossings; C. & E. 1. RR. Co. v. People, 24 App., 502. 13. To run a fast train, with unabated speed, through a town, where persons are liable — at all times — to be ou the track is great negligence; Chi. & A. RR. Co. v. Gregory, 58 HI., 226. Twenty-second — To rep^ulate tlie numbering of houses and lots. Twenty-tliird — To name and change the name of any street, avenue, alley, or other public place. Twenty -fourth — To permit, regulate or prohibit the locating, con- structing or laying a track of any horse railroad in any street, alley or ])ublic place; but such permission shall not be for a longer time than twenty years. 1. See Additional Laws — Streets, as to “Elevated Railways” and “ Horse and Dummy Railroads”. 2. The prohibition, by constitution, as to the grant of special or exclusive privileges, can not be construed as a limitation on the power of a tnunicipal corporation to designate streets and fix the conditions on which a railway company, organized un- der a special charter, previouslv granted, may build and operate its ro!M; C. C. Ry. Co. V. People, 73 HI., 542. 3. A city may allow the construction of a railroad upon streets or alleys within the corporate limits; C. & N. VV. Ry. Co. v. People, 91 111., 251. 4. Under the constitution the legislature can not grant the right to construct and operate a street railway within any city, town or incorporated village, exce))t by re- (piiring the consent of the local authorities, having control of the streets or highways proposed to be occupied by such railroad. This applies to horse railways; Metro. C. Ry. Co. V. (diicago, 96 111., 620. *5. The power in city councils to grant the use of streets for railway purposes can not be exercised until the requisite number of lot owners along the street, by peti- tion, authorize its exercise; Hunt t\ Chi. H. «& D. Ry. Co., 121 111., 642. 6. Council of a city incorporated under this statute has no power to grant to a horse or dummy railway the use of any street without ])etition of owners of more than one-half the land frontage on such street; Hunt v. Chi. II. & D. Ry. Co., 121 111., 642. 7. The statute of 1874, as to horse and dummy railroads, re])ealed the recpiirement of the general city incorporation law as to the petition of adjoining ])roperty owners to the grant of a right to lay tracks; Hunt v. Chi. H. & D. Ry. Co., 20 App., 282. Towers of the City Council. 51 8. The general incorporation law — cities — does not authorize the granting of a right to use streets for freightage purposes to a railroad built for passenger use, without a petition of property owners; M'Cartney v. Chi, & E. KR. Co., 112 111., 637. b. The right of corporation to condemn property and appropriate the same for the construction and operation of a horse or dummy railway, on a street is derived solely from the state law. The consent of city authorities to the construction and operation of such railway is not a condition precedent to proceedings to condemn. Such con- sent can be obtained after condemnation, as well as before, and, if given, is a mere license, revocable at auy time before it is acted on; Met. C. Ky. Co. v. C. W. D. Ry. ( o.. 87 111 ., 317. 10. Power in a railroad company to contract with a horse railway company for a joint or separate operation of either or both roads is not a limitation on a right of entry in to a city; M’Cartney v. Chi. & E. RR. Co., 112 111., 828. 11. An incorporated town, clothed with a general police power over its streets and with a like general power over the subject of nuisances, has the right and authority to pass au ordinance requiring a city railway company to make its railway track, located in and along any of its streets, conform to the requirements thereof, so as to enable wagons, carriages and other vehicles to pass over its track without incon- venience or danger and to punish for a failure so to do; N. C. C. Rv. Co. v. Lake View, 105 111., 184. 11:^. A doubt as to a charter right to lay tracks in city streets may be solved by an ordinance, giving the right, confirmed by statute; M’Cartney v. Chi. & E. RR. Co., 112 111., 631. 12. Authority to build either a horse railway or a steam railroad within a city con- fers a continuing option, as to the motive power, which may be exercised from time to time: M’Cartney v. Cbi. & E. RR. Co., 112 111., 630. 13. Cities alone can question the right of a railroad company to lay its track on a city street; Cook Co. xi. Gr. W. RR. Co., 119 111., 223. 14. An ordinance which limits the use by a company, accepted by the company with an express avowal in accord with the limitation, does not prohibit the acquisi- tion of enlarged rights in future; M’Cartney v. Chi. & E. RR. Co., 112 111., 628. 15. Mandamus to compel a company to construct its track under ordinance accepted to construct “as soon as the same can be constructed, operated and kept in repair without actual loss”; answer that it can not be now so constructed; demurrer to answer properly overruled; People v. C. W. D. Ry. Co., 18 App., 127. 16. Ordinance granting a right to construct and operate a track on a portion of a. street, on certain conditions, accepted by the company so as to become a contract; the citv can not change the terms of the grant without the companv’s consent; People r. C. W. D. Ry. Co., 118 111., 116. 17. Ordinance granting a right to extend a track from the then terminus to the city limits, to a certain park within a certain time and thence to the limits so soon as could be without actual loss; that it could not be built etc. without actual loss is good rea- son for not compelling it; People v. C. W. D. Ry. Co., 118 111., 116. 18. A proviso, in a city ordinance, granting certain privileges to a railroad com- ])any, that such railroad company shall be subject to all laws and ordinances that might, thereafter, be passed to regulate railroads in the city means, only, that such company shall be subject to all reasonable and legal ordinances for the regulation of the road. It can not have the scope to require the company to abandon, or take up and remove, its track at the bidding of a common council; C., R. I. & P. RR. Co. v. Joliet, 79 111., 25. 19. Attorney general may file an information to enjoin the construction of a horse railway on city streets; Huut v. Chi. H. & D. Ry. Co., 20 App., 282. 20. lie has a right to proceed to enjoin the occupation of a public city street by a horse and dummy railway, it not being authorized by the proper authorities; Hunt v. Chi. II. & D. Ry.'Co., 121 111., 642. Twenty-fifth — To provide for and change the location, grade and crossings of any railroad. 1. Within their limits cities have exclusive authority over the matter of railroad crossings on streets; Cook Co. v. G. W. RR. Co., 119 111., 223. 2. This clause, in connection with clause 9, vests city councils with exclusive con- trol and management of city streets and the location of railroad tracks and repeals art. 5, § 1 of Chicago charter of 1867; Chi. D. & C. Co. v. Garrity, 115 111., 161. 52 Powers oe the City Counxhl. 3. This section is no liinitiition until the power is exercised; C. & W. I. Klh Co. v. Dunbur, 100 111., 110. 4. In the absence of exi)ress provision in its charter to the contrary, a railroad com- pany is under obligation to leave every highway that it crosses in a safe condition for the use of the })ublic; People «. C. A. RR. Co., 07 111., 118. 5. Authority to construct a railroad “ from” a city means from any point within such city; ('hi. & N. W'. RR. (’o. r. Chi. & E. RR. Co., 112 11!., o08; M’Cartney v. Chi. & E. \{\i. Co., 112 111., 020. 0. Where the municipal authorities, with the assent of a railroad, discontinued a road crossing, which was considered dangerous, and substituted another, a short dis- tance from the old one, it was held that the compaiiy was not exonerated from the duty of keeping up such new crossing; People i\ C. & A. RR. Co., 07 111., 118. 7. It may be regarded as the settled law of this state that an owner of an abutting lot can not ])revent the use of a street for a railway, when smdi use is permitted by the city and is authorized by an act of the legislature. Win r(; tin* fe(! remains in the lot owner, this is different; Stetson v. C. & E. RR. Co., 7d 111., 74. Twenty-sixth — To reej uire milrocid companies to fence tliei r respective railroads, or any portion of the same, and to construct ctittle guards, crossings of streets and public roads, and keep the saimj in repair, within the limits of the corporation. In case any railroad company sliall fail to comply with any such ordinance, it shall be liable for all damages the owner of any cattle or horses or other domestic animal may sustain by reason of injuries thereto while on the track of such railroad, in like manner and extent as under the general laws of this state, relative to the fencing of railroads ; and actions to recover such damages may be instituted before any justice of the peace or other court of compe- tent jurisdiction. Twenty-seventh — To require railroad companies to keep tlagnien at railroad crossings of streets, and provide protection against injury to persons and property in the use of such railroads. To compel such railroad to raise or lower their railroad tracks to conform to any gi’ade which may, at any time, be established by such city, and where such tracks run lengthwise of any such street, alley or highway, to keep their railroad tracks on a level with the street surface, and so that such tracks may be crossed at any place on such street, alley or highway. To compel and require railroad companies to make and keep open and to keep in repair ditches, drains, sewers and culverts along and under their railroad tracks, so that hlthy or stagnant pools of water can not stand on their grounds or right of way, and so that the natural drain- age of adjacent property shall not be impeded. 1. An ordinance wbicb requires a railroad company to keep a flagman by day and a red lantern by night at a certain street crossing, such crossing appearing to be un- usually dangerous — or more so than ordinary crossings — is not unreasonable and is within the constitutional limitation on the exercise of the police power; Tol. etc. Ry. Co. i\ Jacksonville, 67 111., 37. 2. Servants of a company, knowing a crossing to be a dangerous one, are guilty of criminal misconduct — or very gross negligence — in running a train without steam, on a down grade, in a comparatively noiseless manner, at a rapid rate of speed, with- out sounding the whistle or ringing the bell, the crossing being near a populous city; C., B. & Q. RR. Co. -y. Payne, 59 111., 534. 3. The legislature has the power, by the enactment of general laws — from time to time, as the public exigencies exist — to regulate corporations, in the exercise of their franchises, so as to provide for the public safety A corporation i as much sub- ject to the general police laws as is any individual pursuing his lawful business; Gal. & Chi. Un. RR. Co. v. Loomis, 13 Ili., 548. Powers of the City Council. 53 4. A corporation holds its rights and franchises subordinate to the general welfare of society. It is under the control of and required to conform to the general laws of the state; ]>reciselvas if it were a real — and not an artificial — person; O. & M. RR. Co. V. M’( 'lei land, 25 111., 142. Tweiity-eiglitli — To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof. 1. See Additional Laws — Ferries and Bridges. 2. A bridge is but a street, or highway, over water. The fee of such portion of the river as is measured by the width of the street of which the bridge forms a part is in the corporation. It is, therefore, competent for the corporation to devote such portion of the river to any use which, in the judgment of its authorities, shall be deemed most promotive of the public interests, subject, only, to the paramount ease- ment of navigation; Chicago v. M’Ginn, 51 111., 266. 3. The power to erect and keep bridges in repair implies the authority to employ the means, necessary and proper to the end. The imposition of fines for a wilful or negligent injury to such structures would not be an improper means of aiding to keep them in repair; Korah v. Ottawa, 32 111.. 121. 4. If, without objection of the trustees, a bridge is built across a canal, within a city, the city has ample authority to make approaches thereto and to exercise con- trol over them. Where, in such case, the city, in the exercise of its authority, un- dertakes to make the passage ways to a bridge so erected it is, beyond doubt, under obligation so to exercise its authority as not to endanger the lives or limbs of its in- habitants ; Joliet Verley, 35 111., 58. 5. Under the general incorporation law, cities and villages have the control of and power to construct bridges and regulate their use; M’Cartney v. Chi. & E. RR. Co., 112 111 , 635. 6. All municipal corporations have the power and it is their duty to keep in repair the bridges within their corporate limits. If injury results to an individual by rea- son of a neglect of this duty, the corporation must respond in damages; Mechanics- burg -y, Meredith, 54 111., 84. 7. It is the duly to keep and maintain bridges in a reasonably safe condition. It is not required so to construct them that accidents to persons using them shall be impossible; Gavin v. Chicago, 97 111., 66. 8. It is the duty of a municipal corporation — not the law — to make bridges in its streets absolutely secure, or to fully protect the public from injury. It is its duty to exercise ordinary prudence to accomplish such result. What is required by ordinary prudence is a question of fact — for the j ury; Grayville i;. Whitaker, 85 111. ,439. 9. Village, by suffering a bridge to be used by the public without seeing that it is safe, is liable for resulting injury; Marseilles v. Howland, 124 111., 552. 10. Bridge abandoned by a private corporation owning it; the care of the street on which it is reverts to and imposes the duty on the village to maintain or close the bridge; Marseilles c. Howland, 23 App., 101. 11. Toll bridge becoming free by highway commissioners’ purchase; being located within an incorporated village, the village authorities control, repair etc. it, to the exclusion of the commissioners, and are not relieved of the duty in respect of it by an assumed control of the commissioners; Marseilles v. Howland, 124 111., 551. 12. In such case formal acceptance by the authorities of a village in which it is located is not necessarv to render the village responsible for its safety; Marseilles v. Howland, 121 111., 55L 13. To avoid liability for not keeping in repair a toll bridge acquired by a village by its becoming free affirmative action is required — as to condemn and close it as a nuisance or to vacate the street on which it is; Marseilles v. Howland, 124 111., 551. 14 A bridge built by a railway company over a navigable river within a city and bv its authority is deemed to have been built by the city; M’Cartney v. Chi. & E. RR. Co., 112 111., 636. 15. Contribution of material aid, by an individual, to the execution of a public work, not unlawful per se, does not necessarily invmlve the individual’s liability for injury resulting to private rights; Culb. & B. P. & P. Co. v. Chicago, 111 111., 660. 16. A city having the exclusive control of the streets within its limits, township authorities can not levy a tax on the citizens of such city for the purpose of erecting a bridge within it; Ottawa v. Walker, 21 111., 608. 54 Powers oe the City Council 17, A rity uloiu^ lias autliority to liuiM a viaduct in its street; tlmt it is aided by money and engineering services o(‘ an individual l(.*aves the viaduct still city pro- jierty; Cull). & IL P, & 1\ Co. c. Cliicago, 111 111., 058. 18. Injury to n; version by the construction of a viaduct near the property and rais- ing the street grade, rendering access dillicult; testimony that the property, as a whole, was damaged and stating the damage, competent; Chicago o. APDonough, 112 111., 89. Twenty-iiintli — To constrtict and kec]) in repair culverts, drains, sewers and (cesspools, and to regulate the use thereof. Thirtieth — To deepen, widen, dock, cover, wall, alter or change the channel of water courses. Thirty-first — To construct and keep in repair canals and slips for the acconiniodation of commerce. Thirty-second — To erect and keep in repair public landing places, wharves, docks and levees. 1. See Additional Laws — Landings and Levees. 2. The power to erect and keep in repair public landing places and the like is con- sidered to be a discretionary power, which a city is not bound to exercise. For a failure to exercise it it is not liable. If, however, it attempts its exercise it will be liable if an injury results from a negligent performance; (ioodrich v. Chicago, 20 111., 445. 3. A city can not enjoin the erection of buildings on premises occupied by a w^harf, alleged to extend in to a navigable stream, on the ground that, in the future, the city may condemn the premises, for bridge ])urposes; Chicago v. lieed, 27 App., 482. Thirty-third — To regulate and control the use of public and j^nvate landing places, wharves, docks, and levees. Thirty-fourth — To control and regulate the anchorage, moorage and landing of all water craft and their cargoes within the jurisdiction of the corporation. Thirty-fifth — To license, regulate and prohibit wharf-boats, tugs and other boats used about the harbor or within such jurisdiction. Thirty-sixth — To hx the rate of wharfage and dockage. Thirty-seventh — To collect wharfage and dockage from all boats, rafts or other craft landing at or using any public landing place, Avharf, dock or levee within the limits of the corporation. Thirty -eighth — To make regulations in regard to the use of harbors, towing of vessels, opening and passing of bridges. 1. A village is authorized to require a license taken out and paid for for the letting of skilfs and row boats for hire; Foyer v. Desplaines, 22 App.. 576. 2. An ordinance leaving the fee for such a license to the board of trustees is not unreasonable; Foyer v. Desplaines, 22 App., 576. Thirty-ninth — To appoint harbor masters, and define their duties. Fortieth — To provide for the cleansing and juirification of waters, water courses and canals, and the draining or filling of ponds on pri- vate property, whenever necessary to prevent or abate nuisances. Forty-first — To license, tax, regulate, suppress and prohibit hawkers, peddlers, pawnbrokers, keepers of ordinaries, theatrical and other exhibitions, shows and amusements, and to revoke such license at pleasure. 1. The constitutional provision (art. 9, § 1), declaring that the general assembly shall have power to tax peddlers, auctioneers, brokers etc., does not operate to prohibit all Powers of the City Coujtcil. 55 other bodies to tax the persons enumerated, for any purpose other than for state revenue — the legislature may authorize municipal bodies to tax such persons; Wig- gins L\ Chicago, 68 III., 872. 2. 'Fhe term “ peddler ”, as h(;re used, is used in its general and unrestricted sense. It fully embraces ])ersons engaged in going through a city, from house to house, and selling milk in small (luantities to different persons — this, although they may have regular customers to whom they daily sell milk; Chicago v. Bartel, 100 111., 57. 3. A pawnbroker is one engaged in the business of receiving personal pro])erty in pledge, or as a security for money, or other thing, advanced to pledgor (see Stat., June 4, 1879. L. 1879, p. 219); Chicago v. Ilulbert, 118 111., 633. 4. A pawnbroker must be engaged in the business of taking property in pledge for money advanced as a regular business and must be engaged in receiving property iu pledge for money etc. advanced or loaned; Chicago v. Hulbert, 118 111., 533. 5. A city may license, tax, regulate etc. pawnbrokers; it has no power to determine who is or may be a pawnbroker; Chicago v. Hulbert, 118 111., 633. 6. It is purely discretionary to license and regulate or wholly to suppress pawn- brokers’ business; Launder c. City, 111 III., 296. 7. A city may license, tax, regulate etc. pawnbrokers; it has no power to deter- mine who is or may be a pawnbroker; Chicago o. Hulbert, 118 111., 633. 8. In an incorporated city one may loan money — his own or another’s — on com- mission and take security mortgage, on real or personal property, stocks, notes or warehouse receipts without becoming a pawnbroker; Chicago v. Hulbert, 118 111., 633. 9. Ordinance requiring pawnbrokers to make daily report of all property etc. re- ceived on deposit or purchased, with description of the person, is not unreasonable; Launder v. Chicago, 111 111., 297. Forty-second — To license, tax and regulate hackrnen, draymen, om- nibus drivers, carters, cabmen, porters, expressmen, and all others pur- suing like occupations, and to prescril)e their compensation. 1. This is an ordinary police regulation, to protect the public against extortion. One who uses a vehicle only in the course of his ordinary private business and not for hire, does not come within the reason or necessity of such a regulation; Joye v. E. St. L., 77 III., 156. 2. This section will not embrace a farmer driving his team through acitv; Collins- ville w. Cole, 78 111., 114. 3. Wagons kept and used by a wholesale merchant, for the purpose of transfer- ring goods sold by him to depots or wharves for shipment, the vendee being charged a sum of money for such transfer, are not wagons kept for hire, and the merchant is not within this section; Farwell v. Chicago, 71 111., 269. 4. Licensing of wagons carrying loads from within the city to points without, held to be authorized, in consideration of the use of the streets by such wagons, the license fee charged being reasonable; Gartside v. E. St. L., 43 111., 47. 5. Under a power to tax, license and regulate a business, a city may not directly prohibit such business or adopt such unreasonable regulations as will produce such a result, or even be oppressive and highly injurious to the business; Wiggins v. Chicago, 68 Hi., 372. Forty-third — To license, regulate, tax and restrain runners for stages, cars, public houses, or other things oi' persons. Forty-fourth — To license, regulate, tax or prohibit and suppress billiard, bagatelle, pigeon hole or any other tables or implements kept or used for a similar purpose in any place of public resort, pin alleys and ball alleys. Forty-fifth — To suppress bawdy and disorderly houses, houses of ill-fame or assignation, within the limits of the city, and within three miles of the outer boundaries of the city; and also to suppress gaming and gambling houses, lotteries, and all fraudulent devices and practices for the purpose of gaming or obtaining money or property ; I’OWEKS OF THE CiTY COUNCIL. 5 () and to ]')rohil)it the sale; oi* exliihition of obscene or immoral publica- tions, prints, pictures or illustrations. 1. Unless tlio frrant ol' ]) 0 \v what is known as si house of ill-fsinu^ or house of prostitution. And it shall be unlawful for any board of health (oi any member or emjsloye of the same) now existing, or which may hereafter exist under the laws of this state, to interfere in the management of any liouse of ill-fame or house of ])rostitution, or to provide in any manner for the medical inspection or examination of siny inmate of the same. 8. The convm’sion of a dwelling house into a house of prostitution is such a change in the charsictm- of the occuiiation as to render an insurance policy void; Cedar R. Ins. Co. V. Shimi), 1(5 App., 2o7. Forty-sixth — To license, regulate atid prohibit the selling or giving away of any intoxicating, malt, vinous, mixed or fermented liquor, the license not to extend beyond the municipal year in which it shall be granted, and to determine the amount to be paid for such license. Provided, that the city council in cities, or president and board of trus- tees in villages, may grant permits to druggists for the sale of liquors for medicinal, mechanical, sacramental and chemical purposes only, sulqect to forfeiture, and under such restrictions and regulations as may be provided by ordinance; Provided, further, that in granting licenses such corporate authorities shall comply with whatever general law of the state may be in force relative to the granting of licenses. 1. See Additiomil Laws — Ixtoxtcatixo Liquor. 2. 'Hie legislature has power to authorize cities to prohibit the sale of liquor or beer by retail; Kettering v. Jacksonville, 50 111., 89. 3. Wliere incorporated towns have the exclusive yirivilege to grant license within the incorporated limits thereof, the county authorities have no right or authority to interfere, in anv manner, with the granting of license; Coulterville v. Gillen, 72 111., 509. 4. A power to suppress groceries, where liquor is sold, or to regulate, license and restrain the same, gives a discretion to prohibit sales, or to license and regulate the traffic; Schwuchow r. Chicago, 68 111., 444. 5. Under a power to “ license, regulate and prohibit” sales of intoxicants the pro- hibition need not be total; Dennehy i\ Chicago, 120 111., 631. 6. It is wholly discretionary to license and regulate, or jiartially or entirely' pro- . hibit the traffic; Gunnarssohn r. Sterling, 92 111., 569. 7. An ordinance which declares the selling of spirituous liquors a nuisance and imposes a fine for the offense, is not invalid, for repugnancy to the general statute prohibiting a sale, without license, in a quantity less than one quart; By'ers r. Pres’t etc., 16 111., 35. 8. An incorporated town may' provide, by ordinance, against the sale of liquor in quantity' less than one barrel, without a license. Such ordinance is not repugnant to the general law, prohibiting sale, without license, in quantities less than one quart; Byers i). Olney, 16 111., 35. 9. Cities may, by' ordinance, regulating the sale of intoxicating liquors, exercise powers in excess of those prescribed by' the dram shop law and may impose greater penalties; Pekin v. Smelzal, 21 111., 468; see Hamilton «. Pre.s’t, 24 111., 22. 10. The passage of an ordinance declaring the selling of s])irituous liijuor a nui- sance does not repeal the state law in respect thereof. A license from city or town authorities will protect the licensee; but, if such authorities shall refuse to issue such Powers of the City Council. 57 license, the genenil law would be violated by a sale within the city limits, punishable thereunder; Gardner r. l^eople, 20 111., 480. 11. 4'he power to grant licenses for the sale of intoxicants is to be read in connec- tion with the dram shop act of 1883 (see Additional Laws — LiciUOU Law); Dennehy v. Chicago, 120 111. ( 5 : 31 . 12. luider this statute city or village may classify sales and gifts of intoxicants by quantity or purpos(' or both, and make different charges for licenses, subject to the dram shop act; Dennehy r. (’hicago, 120 111., 631. 18. And, may exact a license for the sale of intoxicants in excess of one gallon — as of wholesale dealers; Dennehy v. Chicago, 120 111., 681; an ordinance requiring a license before making sales of liquor in excess of one gallon is valid; Schumm v. Gardiner, 25 App., 688. 14. If the municipal authorities seek to refuse a license to persons of habits and character rendering them unfit to be licensed, or to limit the number of dram shop keepers to be licensed, they must do so by ordinance. In such case it would seem that provision should be made for a fair competition among suitable persons, seeking such privileges; Zanone r. Mound C. . 108 111., 555. 15. Under a general ordinance for licensing dram shops in a city, there is no right to make an arbitrary discrimination in granting licenses. There can not be a grant to a favored few and a refusal to one who is admitted to be a suitable person and who has in all res])ects complied with the ordinance and state law; Zanone Mound C., 103 111., 555. 16. Sales or gifts to minors etc. of intoxicants in any quantity — to be used as a beverage — are within the letter and spirit of the inhibiting statute; Dennehv v. (diicago, 120 111., 631. 17. A prohibition of ail sales within a city as a beverage will not affect the manu- facture of liijuors to be sold by druggists or for exportation and trade outside the city; Dennehy v. Chicago, 120 111., 681. 18. Under a general permit a druggist may sell in quantities exceeding one gallon; Dennehy v. Chicago, 120 111., 631. 19. The sale of intoxicating liquor in less quantity than one gallon, by a regular druggist, even if it be, in good faith, for medical purposes without a license or per- mit to do so by the proper municipal authorities, is prohibited by statute (R. S,, 1874, ch. 43); a druggist selling under such circumstances is liable for the penalty; Wright V. People, 101 ill., 128. 20. Without permit or license, sale of liquors by a druggist — even 011 prescription of a physician and the rejiresentations of purchasers that the liquor wanted is for medical purposes only — are without justification; at least, without proof that the representations made were true; Noecker r. People, 91 111., 494. 21. A village ordinance in-ohibiting the sale or giving away of intoxicating liquors within the corporate limits, concluded with a proviso that druggists may sell such liquors for purely medicinal, chemical and sacramental purpo.ses. It failed to pro- vide for the issue of any written permit. This, within the statute, is, of itself, a permit to all druggists in the village to sell, for the purposes named. Having such permit, a druggist is not re(piired to give bond under the dram shop act (§ 5); Moore 'V. People, 109 ill., 499. 22. A ])ermit having been granted to a druggist, to sell intoxicating liquors for medicinal ])urposes, under a village ordinance, the authorities of such village will not be pennitt(Ml to insist that it is not a sufficient warrant for the sale of liquors under it, in accordance with its terms. A municipal corporation will not be allowed to license an act to be done and, then, collect a penalty for the doing of it, as for an unlawful act; Genoa r. A'an Alstine, 108 111., 558 23. Ordinance re(juiring druggists, under a heavy penalty, to furnish, to the city clerk, a quarterly statement, in writing, showing the quantity and kind of liquor sold and to whom and on whose prescription or assurance, to be verified by the drug- gist and every clerk and servant in his emplov is unreasonable; Clinton v. Phillips, 58 111., 102. 24. Under a power to declare the selling, giving away, or the keeping on hand for sale, within a city, a nuisance, an ordinance making possession within the city — W'lthout anv intention to sell therein — an offense is invalid; Sullivan v. Oneida, 61 111., 242. 25. Dealer in spirituous liquors failing to take out a license does not, thereby, become a debtor to the city; Chicago v. Enright, 27 App., 559. 8 58 Powers of the (Jity Council. 2G. Vendor having no license to sell intoxicating li(juors, at re*tail, has no action for the price of licpiors so sold, in violation of law; Farrow o. Vedder, 19 App,, 805. 27. Although a license, to keep a drain shop, granted, contains no condition and rid'ers to no ordinance!, yet. such license is luild to be granted subject to ordinances lawfully existing at the time of the grant and such as the municipality might law- fully adopt; Haldwin c. Smith, 82 111., 102. 28. 1 h(! conti'ol ol tlii! liejuor tratlic being a police regulation, no oiu! can acepiire such a vested right ther<*in, by a license, that it may not b(> resumed when the inter- ests of society reeiuire it; Schwuchow Chicago, 08 111., 444; Wiggins v. Chicago 08 111., 872. 29. The money received by a city for a dram shop license is not a tax and the fund derived, from this source, is not required, by any constitutional provision, to be apjilied solely to cor])orate purposes. The legislature may give it direction; E. St. L. V. Trustees, 102 111., 490. 80. If school trustees are entitled to a proportion of receipts for dram shop licenses the city is the trustee, to be sued for their recovery — not the city’s treasurer; E. St. L. V. Launtz, 20 Apj)., 044. » 81. An ordinance of city, incorporated under general law, to license brewers and distillers, placing the fee at $500 per annum under ])enalty of from $100 to $200 is valid; U. S. Dist. Co. v. Chicago, 112 111., 22. 82. Assignment of a due bill, payable in whisky or wine, does not constitute assignor a dealer in liquors; Schweyer v. Oberkoetter, 25 App., 183. Forty-se veil til — The foregoing shall not be construed to affect the provisions of the charter of any literary institution heretofore granted. Forty-eighth — And the city council in cities, and president and board of trustees in villages, shall also hav^e tlie power to forbid and punish the selling or giving away of any intoxicating, malt, vinous, mixed or fermented liquor to any minor, apprentice or servant, or insane, idiotic or distracted person, habitual drunkard, or person intoxi- cated. 1. Sales or gifts to minors etc. in any quantity — to be used as a beverage — are within the letter and spirit of the inhibiting statute; Dennehy v. Chicago, 120 111., 081. 2. No authority is conferred to sell liquor to minors, by a license to keep a dram shop, except on the written order of parent, guardian or family })hysician, or to a person intoxicated. It is the vendor’s duty to know that parties to whom he sells are authorized to buy; M'Cutcheon v. People, 09 111., 001. 3. Sale of liquor to one intoxicated; it is not necessary to show that the buyer was drunk at the very moment of the sale to him; sufficient that shortly before he could not “ walk nor talk straight”; Kammann v. People, 124 111., 482. 4. To constitute “a ])erson in the habit of getting intoxicated”, there must be shown frequent intoxication with the acquisition of an involuntary tendency to be- come so, and that at the time of the sale the habit is on him; Birr v. People, 24 App., 389. Forty-nintli — To establish markets and market houses, and provide for the regulation and use thereof. 1. A city ordinance can not restrain a merchant or dealer in family groceries from selling vegetables at his place of business, outside of the market limits, during any portion of the day, under pretext of regulating markets; Caldwell v. Alton, 38 111., 410; see Bloomington v. ^^'ahl, 40 111., 489; Chicago v. Rumpff, 45 111., 90. 2. A municipal corporation can not create monopolies; nor confer pecuniary bene- fits on any portion of community or individuals thereof; such regulations must be reasonable and uniform in operation; Bloomington v. Wahl, 40 111., 489; Chicago v. Rumpff, 45 111., 90. Although, slight inequalities in benefits will not invalidate its acts; Chicago v. Rumpff. 45 111., 90. 3. The fact that a law regulates a trade or any business or, in some degree, operates as a restraint on the same, does not render it obnoxious to any constitutional pro- vision; Hawthorn r. People, 109 III., 803. Powers of the City Council. 59 4. Power to regulate a calling or business, merely, authorizes exaction of a license fee; that the fee may exceed the necessary expense of the license and inspection does not render it illegal or uureasonable; Kinsley o. Chicago. 124 111., u(50. 5. The power to license certain occui)ations and kinds of business, specially enumerating them, must be construed in express terms; inhibiting the licensing of all trades and occupations not contained in the enumeration. There is no power to require merchants to take out a license; Cairo v. Bross, 101 111., 478. 0. It is for the court — not a jury — to decide whether an ordinance is, or is not, in restraint of trade; Peoria v. Calhoun, 29 111., 317. Fiftieth — To regulate the sale of meats, poultry, fish, butter, cheese, lard, vegetables, and all other provisions, and to provide for place and manner of selling the same. 1. Power granted to regulate the sale of meats, poultry etc. gives power to require a license to sell; Kinsley r. Chicago, 124 111., 300. Fifty -first — To prevent and punish forestalling and regrating. Fifty-second — To regulate the sale of bread in the city or village; prescribe the weight and quality of the bread in the loaf. Fifty-third — To provide for and regulate the inspection of meats, poultry, fish, butter, cheese, lard, vegetables, cotton, tobacco, flour, meal and other provisions. 1. An ordinance requiring that all fresh water fish in packages, brought in to the city for sale, shall, before being sold, be inspected and branded, and imposing a penalty for its violation, does not apply, to render liable to the penalty, one who sells such fish in packages not inspected and branded, when such packages have been made up from others which were duly insj)ected and branded; Chicago v. Hobson, 52 111., 482. Fifty-fourth — To regulate the inspection, weighing and measuring of brick, lumber, fire wood, coal, hay, and any article of merchandise. Fifty-fifth — To provide for the inspection and sealing of weights and measures. Fitty-sixth — To enforce the keeping and use of proper weights and measures by vendors. Fifty-seventh — To regulate the construction, repairs and use of vaults, cisterns, areas, hydrants, pumps, sewers and gutters. Fifty-eighth — To regulate places of amusement. Fifty-ninth — To prevent intoxication, fighting, quarreling, dog fights, cock fights, and all disorderly conduct. Sixtieth — To regulate partition fences and party walls. Sixty-first — To prescribe the thickness, strength and manner of constructing stone, brick and other buildings, and construction of fire escapes therein. 1. A city has power to inquire into the manner of the erection of buildings within its limits, to determine whether or not the lives and property of its citizens are in danger. The employment of competent persons to make such inquiries is a cor- porate purpose; Eagan v. Chicago, 5 App., 70. Sixty-second — The city council, and the president and trustees in villages, for the purpose of guarding against the calamities of fire, shall have power to prescribe the limits within which wooden buildings shall not be erected or placed or repaired, without permission, and to direct that all and any building within the fire limits, when the same shall have been damaged by fire, decay or otherwise, to the extent of fifty per cent, of the value, shall be torn down or removed, and to pre- scribe the manner of ascertaining such damage. (10 PoWEItS OF TIIK CiTV CoUNCII. 1. A cliuiso in tin; cliarUn- of u municipal corporation giving power to prescribe fire limits and direct the removal of all buildings theiein wlii(;li may be damaged to a certain extent, should receive a strict construction in favor of the owners of such buildings, ruder such a power, the authorities are not i)crmitted, in the (iist in- stanc.e.to tear down and remove such a building, or cause tlie same to be done. They are empowered, oidy, to direct the tearing down and removal of such building and the person to be directed is the owner. 'I'liis must first be done before the corporate authorities may take stringent measures; Louisville v. Webster, 108 111., 410. 2. An ordinance declaring that a woodtm roof put on a building, within the fire limits, shall be deemed a nuisance and reipiiring the city marshal, under an order from the mayor, to remove the same is a reasonable exercise of the police power; King i\ l)aveni)ort, 98 111., 80o. 8. 'i'he general statute, in respect of tenement and lodging houses, is as follows: “ An act for the regulation and inspection of tenement and lodging houses, or other ])laces of habitation.” [.Vpproved and in force May 30, 1881. L. 1881, p. 155.] “§ 1. it shall be the duty of any architect or architects, builder or builders of or other ])ersou or persons interested in any ])r()jected tenement, lodging houso'or other places of habitation in any incorporated city of fifty thou.sand inhabitants, to submit plans and specifications of any such building or buildings to the health commissioner or commissioners of such incorporated city, that the said health cominis.sioner or com- missioners may examine the said plans and specifications, for his or their approval or rejection as to the proposed plans for the ventilation.of rooms, light and air shafts, windows, ventilation of water closets, drainage and plumbing. ^ 2. It shall be the duty of any plumber or other person or persons interested in the contract for the ])lumbing work of such building or buildings, to receive a written certificate of in- struction from the health commissioner or commissioners before commencing work on the said building or buildings, and to proceed according to the plans, specifica- tions and instructions, as approved by the health commissioner or commissioners of said city. ^ 3. It shall be the duty of any plumber, or other person or persons in- terested in the plumbing work, after the completion of said plumbing work, and before any of the said plumbing work is covered up in any building or buildings or on the premises connected with said building or buildings, to notify in writing the health commissioner or commissioners, that said building or buildings, or other premises, are now ready for inspection, and it shall be unlawful for any plumber or other })erson or persons to cover up or in any way conceal such plumbing work in or about such building or buildings, until the health commissioner or commissioners approve of the same. § 4. If any architect or architects, builder or builders, violate the provisions of this act, he or they shall be fined in a sum not less than one hun- dred nor more than two hundred dollars for each offense. ^ 5. If any plumber or other person or persons interested in the plumbing work, violate any of the provisions of this act, he or they shall be fined in the sum not less than one hundred nor more than two hundred dollars for the first offense, and the further j)enalty of ten dollars for each and every day such plumbers or other interested person or persons shall, after first conviction, neglect or refuse to comply with any provisions of this act or the written instructions of the health commissioner or commissioners, and for the second offense, a like penalty and a forfeiture of his or their license to do business in said city for one year after conviction.” Sixty-tliird — To prevent tlie dangerous construction and condition of chimneys, lire places, hearths, stoves, stove pipes, ovens, boilers and apparatus used in and about any building or manufactory, and to cause the same to be removed or placed in a safe condition, when considered dangerous ; to regulate and prevent the carrying on of manufactories, dangerous in causing and promoting fires ; to prevent the deposit of ashes in unsafe |3laces, and to cause all such l)uildings and inclosures as may be in a dangerous state to be put in a safe condition. Sixty-fourth — To orecL (jiigiiie houses, and provide lire engines, hose carts, hooks and ladders and other implements for prevention and ex- tinguishment of fires, and provide for the use and management of the same by voluntaay fire companies or otherwise. Sixty-fifth — To regulate and prevent storage of gunpowder, tar pitch, resin, coal oil, benzine, turpentine, hemp, cotton, nitro-glycerine, PowEiiS OF THE City Council 61 petroleum, or any of the products thereof, and other combustible or explostve material, and the use of lights in stables, shops and other places, and the building of bonfires; also, to regulate and restrain the use of fire works, fii’e crackers, torpedoes, roman candles, sky-rockets, and other pyrotechnic displays. 1. Keeping explosives unguarded, in unsafe quantities, in a place and under cir- cumstances threatening calamity to others gives an action for such damages as do occur as would not have resulted in the absence thereof; Wright c. C. & N. W. Ry. Co., 27 App., 200. 2. A railroad company which keeps such explosives — petroleum — for a time, in its warehouse for transportation, violates an ordinance prohibiting their storage within a city; Wright v. C. & N. W. Ry. (’o., 27 App., 200. Sixty-sixth — To regulate the police of the city or village, and pass and enforce all necessary police oi-dinances. 1. Under this clause an ordinance for the regulation of labor, trade and traffic, on Sunday, by ordering places of business, with certain exceptions, closed is valid; Chebanse v. M’Pherson, 15 App., 311. 2. This clause authorizes city or village to pass an ordinance prohibiting persons from keeping open places of business on Sunday for the sale of goods etc. ; M’Pher- son V. Chebanse, 114 111., 49. Sixty-seventh — To provide for the inspection of steam boilers. Sixty-eighth — To prescribe the duties and powers of a superinten- dent of police, policemen and watchmen. 1. The statute is not limited, in application, to the organization and regulation of a police force — it may embrace a subject matter of police regulation, under the general police power of the state; M’Pherson v. Chebanse, 114 111., 50. 2, It is a breach of duty for chief of police to make known business transactions of one, reported to him, under law, save to detect and punish crime; Launder v. Chicago, 111 111., 197. An act entitled an act to prevent non residents from serving or acting as deputy sheriffs, special policemen or special constables. [Approved June 19, 1893. L., 1893, p. 2. Section 1. Be it enacted hy the people of the state of Illionis represented in the g eneral, assembly : 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 purpose of preserving the peace, who is not a citizen of the United States, and has not been an actual resident of the county where such person is authorized to act, as deputy sheriff, special constable or special policeman, one whole year before such authorization. § 2. Any sheriff or public officer violating the provision of this act shall be deemed guilty of a misdemeanor, and shall, on conviction, be punished by a fine of not less than $100 and not more than $500. Sixty-ninth — To establish and erect calabooses, bridewells, houses of correction and workhouses, for the reformation and confinement of vagrants, idle and disorderly persons, and persons convicted of violat- ing any city or village ordinance, and make rules and regulations for the government of the same, and appoint necessary keepers and assist- ants. 1. See Additional Laws — Houses of Correction. 2. The offense of keeping and maintaining a “calaboose,” by an incorporated town, is not a nuisance against the statute; Paris v. People, 27 111., 74. I^OWKKS OF THK Cl'I’V COUNCIL. f.2 Sevcnlietli — To use the county jail for tlie eonrinement or punishment cf oirenders, subject to such conditions as are imposed by law, and with the consent of the county board. Seventy-first — ^fo j)rovide, by ordinance, in regard to the relation between all tlie officers and employes of the corporation in respect to each other, the corporation and the people. 1. A municipal corporation is not liable for the illegal aad unauthorized acts of its oflicers, in administering an ordinance. The fact that the trustees adopted the ordinance and a])pointed the town constable to see that it was executed would not render the town liable; Odell o. Schroeder, W 111., 853. 3. A municipal corjmration will be liable for the illegal acts of its ollicers and ser- vants, proceeding contrary to law, or in an illegal manner, where the act done is within the corj)orate ])ower and might, lawfully, have been done, had the municipal authorities proceeded according to law; Chicago v. Turner, 80 111., 419. Seventy-second — To prevent and suppress riots, routs, affrays, noises, disturbances, disorderly assemblies in any public or private place. 1. An ordinance which authorizes an arrest without warrant, for breach of the peace or threats of breaches is not invalid; Main v. M’Carty, 15 111., 441. 2. It is sufficient to constitute a riot that two, or more, persons, being together, actually perform an unlawful act, with force and violence, against the person or property of another, or a lawful act in a violent and tumultuous manner; Dougherty V. People, 4 Scam., 179. 3. If two persons, while endeavoring to separate two others and prevent their quarreling and fighting are struck, the one by one of the combatants and the other by another of the combatants, they both acting together, this is, prima facie, a riot, on the part of those persons who strike; Logg v. People, 92 111., 598. 4. The unlawful acts of one rioter are the acts of all the confederates; Bell v. Mal- lory, 61 111., 167. 6. City ordinance for the closing of places of trade and business on Sunday is valid; Chebanse v. M’Pherson, 15 App., 311. 6. City or village, incorporated under this act, may pass an ordinance prohibiting the keeping open of places of business for the sale of goods etc. on Sunday and pro- vide a penalty for its violation; M’Pherson Chebanse, 114 111., 49. 7. An ordinance prohibiting the keeping open of places for the sale of goods etc. on Sunday is not inconsistent with the statute as to disturbing the peace of society on Sunday; M’Pherson v. Chebanse, 114 111., 50. 8. See Additional Laws — Riots. Seventy-tliird — To prohibit and punish cruelty to animals. Seventy-fourth — To restrain and punish vagrants, mendicants and prostitutes. 1. Ordinance declaring all persons vagrants who, not having visible means to main- tain themselves, are found without eni])loyment, loitering or rambling about, or staying in groceries, drinking saloons etc. To authorize a police officer to arrest ■without warrant, there must be shown a want of visible means of support — as well as the other facts; Shanley v. Wells, 71 111., 78. Seventy-lifth — To declare what shall be a nuisance, and to abate the same; and to impose fines upon parties who may create, continue or suffer nuisances to exist. 1. The legislature has constitutional authority to confer on an incorporated town to declare what shall be a nuisance and to abate the same. An ordinance declaring that swine running at large are nuisances and providing for the abatement thereof is valid; Roberts v. Ogle, 30 111., 459; Leach v. Ellwood. 3 App., 453. 2. Under this power a municipality has the authority so to order the use of private property, within its limits, as to prevent its proving dangerous to the persons and property of its citizens; C., B. & Q. RR. Co. d. Haggerty, 67 111., 113. 3. Power given to a municipality to declare what shall be a nuisance does not authorize a declaration that some thing is a nuisance wffiich is not such in fact; Des- Powers of the City Council. (i:{ Plaines v. Foyer, 128 111., 850; N. C. C. Ry. Co. v. Lake View, 105 111., 211; tlmt which, in its nature, situation and use, is not such; Poyer v. DesPlaines, 18 App., 225. 4. In the absence of a general law, of the city or state, within which a given struc- ture can be shown to be a nuisance, a city can not, by its mere declaration that it is one, subject it to be removed by any person supposed to be aggrieved or even by the city itself; C., R. I. RR. Co. v. Joliet, 78 111., 25. 5. Continuance of a nuisance is a new nuisance; C., B. & Q. RR. Co. Schaffer, 124 111., 117. 0. Every act of use of a structure which is a nuisance, is a new nuisance for which an action lies; Groff v. Ankenbrandt, 124 111., 58. 7. Grantee or lessee coming into possession of land, upon which a nuisance exists, is not liable to action for damages until notified to remove it; Groff v. Ankenbrandt, 124 111., 53; as an obstruction to water flow; S. C., 19 App., 148. 8. To hold a municipality liable as the direct author of a nuisance, notice is not necessary; Jefferson v. Chapman, 27 App., 43. 9. A public nuisance existing; an individual can recover, only, such special damages as he sustains different from that of the general public; Adv. Elev. & W. Co. v. Eddy, 23 App., 352. 10. Courts will, without proof, declare many things to be nuisances — as the dig- ging of a pit. or erection of a house, or other obstruction, in a public highway. An ordinance declaring such things a nuisance is valid on its face; X. C. C. Ry. Co. v. Lake View, 105 111., 211. 11. A thing offensive physically to the senses and thereby making life uncom- fortable is a nuisance; Seacord c. People, 22 App., 279. 12. Any business, however lawful, which causes annoyances that materially inter- fere with the ordin^iry comfort, physically, of human existence is a nuisance that should be restrained. Smoke, noise and bad odors — even when not injurious to health — may render a dwelling so uncomfortable as to drive from it any one not compelled by poverty to remain. The discomfort must be physical. Whatever, however, is offensive physically to the senses and by such offensiveness makes life uncomfortable is a nuisance; Wahle v. Reinbach, 76 111 , 322. 13. Manufactories, machine shops and flouring mills are not, generally, to be regarded as nuisances; Cooper v. Randall, 59 111., 317. 14. Unwholesome trades, slaughter houses, operations offensive to the senses, the deposit of powder, the application of steam power to propel cars, the building with combustible materials and the burial of the dead may be prohibited in the midst of dense masses of population; King v. Davenport, 98 111., 805. 15. Privies are regarded as prima facie nuisances. Though necessary and indis- pensable, in connection with the use of property for the ordinary use of habitation, if they be built or allowed to remain in such condition as to annoy others in the proper en- joyment of their property, by reason of noisome smells arising therefrom, or by the es- cape of filthy matter therefrom on to the premises of another, or so as to corrupt the water of a well or spring, they are nuisances in fact; Wahle v. Reinbach, 76 111., 322. 16. A business — however lawful — which so annoys as materially to interfere with the ordinary physical comfort of human existence is a nuisance; Seacord v. Peo- ple, 22 App., 279. 17. One has no right to carry on a business in a populous city unless it can be done without emitting offensive and noxious odors detrimental and offensive to the people of its locality; Winslow v. Bloomington, 24 App., 647. 18. Causing or suffering carcases to be collected, deposited or remain in any place to the prejudice of others is an offense under the statute, whether or not the preju- diciabresult be intended; Seacord v. People, 121 III., 629. 19. If the business of rendering dead animals be not a nuisance per se or liable to become so when properly managed, yet to collect more than one can dispose of and suffer putrid carcases to lie exposed to the prejudice of the neighborhood is not proper care in the business; Seacord v. People, 121 111., 629. 20. If the effect of dense smoke emitted from a smoke stack or chimney is detri- mental to certain classes of property and business within the limits of a city and is a personal annoyance to the public at large wdthin the city, it is a public nuisance; Harmon v. Chicago, 110 111., 405. 21. A city may prohibit the keeping open of places of business for the sale of goods etc. on Sunday and provide a penalty; M’Pherson v. Chebanse, 114 111., 49; Chebanse V. M’Pherson, 15 App., 311. 22. Incorporated towns have the power to declare the sale of liquors, within their limits, shall be deemed a nuisance and punished as such; Coulterville v. Gillen, 72 111., 599. 04 PowKiis OF 'j'liF City Council 23, Tho cjirryini^ on of :m illc^^itl Iriillic in infoxicaling liciuors <‘ind the ussernbling of idle and vicious ihmsoiis, lor ilial, juirposc, is a nuisance. It may be so declared and abated according to law; Streeter r. Feople, Gb 111,, 595. 24. \Vlier(j a c(Mn(d(^ry company is cliart«!red with power to acquin; land for burial purpos(is, not exceeding live hundr(!(l acres, and it acejuires the land and expends momw in pn^paring and adorning the same, a legislative act prohibiting the use of tlie land outsid(! its then inclosure, for the burial of tlie dead, without regard to the manner of the ex(;rcise of its franchi.se is unconstitutional and void; Lake View v Rose, mu Cem. ('o., 70 111., 192. 25. The use of steam to propel street cars along a public street, in a thickly popu- lated town, in the aljsence of legislative authority is, perse, a nuisance; N. C. C. Ry. Co. V. Lake View, 105 111., 211. 2G. Under this power, conjoined with the power to regulate the police of tlie town (cl. GO) and to ]>ass such ordinances as the good of the inhabitants may recpiire, an ordinance may be adopted jirohibiting the running of railroad trains at a speed in ex- cess of six miles per hour; C., B. & Q. RR. Co. v. Haggerty, G7 111., 113. 27. A railroad embankment constructed in an alleys without authority is a nuisance; Adv. Elev, A' W. Co. v. Eddy, 23 App., 352. 28. Keeping explosives unguarded in unsafe quantities, in a place and under cir- cumstances threatening calamity to others and consequent explosion gives an action for such damages as would not have resulted in the absence thereof; Wright v. C. & N. W. Ry. Co.. 27 App., 200. 29. A railroad company which keeps explosives for a time in its warehouse, for trans- portation, violates an ordinance prohibiting their storage within a city; Wright c. C. & N. W. Ry. Co., 27 App., 200. 30. Railroad track on a city street by authority of law, skilfully and carefully ope- rated is not per se a nuisance; C. & E. I. RR. Co. v. Loeb, 118 111., 206. 31. Railroad company with a right to carry ])assengers only; a subsequent right and user for freightage purposes, without petition of property owners, is a nuisance; M’Cartney r. Chi. & E. RR. Co., 112 111., G37. 32. What the law expressly authcjrizes to be done can not be complained of as a public nuisance; C,, R. I. & P, RR. Co. v. Smith, 111 111., 370. 33. The legislature may suspend a right and license persons to create a nuisance; but licensee acquires no vested right under the license and it may be revoked at will; Parker -v. People, 111 111., 599, 34. A statute in terms merely permissive will confer no license to commit a nui- sance; Snell i\ Buresh, 123 111., 155. 35. A statute will not be so construed, if capable of a ditferent construction, as to authorize the establishment of a nui.sance against the property of others; Snell v. Buresh, 123 111., 155. 36. In doubtful cases, when a thing may or may not be a nuisance, depending on circumstances requiidiig judgment and discretion in the exercise of legislative func- tions, under a general power to declare what shall be nuisances, the action under the power, would be conclusive of the (question; X. C. C. Ry\ Co. v. Lake View, 105 111 ., 211 . 37. A city ordinance is valid which provides thus: “The owner or owners of any boat or locomotive engine and the ])erson or persons employed, as engineer or other- wise, in the working of the engine or engines in said boat or in operating such lo- comotive, and the ])roprietor, lessee and occupant of any building, who shall permit or allow dense smoke to issue or be emitted from the smoke stack of any such boat or locomotive or the chimney of aipv building, within the corporate limits, shall be deemed and held guilty of creating a nuisance and shall, for every such offense, be fined in a sum, not less than five nor more than fifty dollars ”; Harmon v. Chicago, 110 111.. 405. 38. A section of an ordinance which declares certain acts to be a public nuisance, but provides no penalty for an infraction of its provisions is not evidence in. a prose- cution for the same acts made punishable by another .section or ordinance complete in itself; Harmon r. Chicago, 110 111., 405. 39. Public picnics and open air dances are not, in their nature, nuisances; Des- Plaines i;. Poyer, 123 111., 350. 40. The manner of conducting picnics and open air dancing may become a nuisance; an ordinance in regard thereto should be directed thereto; DesPlaines c. Poyer, 123 HI., 350. 41. Whether a picnic is so conducted as to become a nuisance is a question of fact; DesPlaines v. Poyer, 123 111., 350. 42. A village ordinance which declares all public picnics or open air dances, regard- Powers oe the City Council. 05 less of their character, to be uuisauces is, so far, invalid; Poyer v. DesPlaines, 18 App., 225. 43. A general grant of power to erect toll-gates can not be so exercised as to create a nuisance; the location of a gate at a point with such effect will be perpetually enjoined; Snell v. Buresh, 123 111., 155. Seventy-sixth — To appoint a board of health, and prescribe its powers and duties. 1. This clause, in connection with clauses 77 and 78, does not impose any legal liability upon incorporated cities, towns and villages for the support or relief of paupers or indigent persons residing within their limits. These clauses relate solely to the preservation of health within the corporations; Perry Co. v. I)uQuoin,99 111., 479. 2. This board has not power to regulate the business of slaughtering. The power is in the city council; Tugman o. Chicago, 78 111., 405. Seventy -seventh — To erect and establish hospitals and medical dis- pensaries, and control and regulate the same. 1. By “an act”, approved May 23, 1889 (L. 1889, p. 167), “to enable cities and counties in this state to contribute toward the support of non sectarian public hos- pitals located within their respective limits”, it is provided, “ that it shall be lawful for any county or any city of this state to contribute such sum or sums of money to- ward the su})port of any non sectarian public hospital for the sick or infirm, located within its limits, as the county board of the county, or city council of the city, shall deem discreet and proper”. Seventy-eight — To do all acts, make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease. 1. Power “to make all regulations” necessary or expedient for the promotion of health etc. includes a right to require vendors of meats to take out licenses; Kinsley t. Chicago, 124 111., 360. Seventy-ninth — To establish and regulate cemeteries, within or without the corporation, and acquire lands therefor, by y)urchase or otherwise, and cause cemeteries to be removed, and prohibit their establishment within one mile of the corporation. 1. Power to regulate burial permits may be conferred on municipal corporations; Graves v. Bloomington, 17 App., 477. 2. In proper cases, it is competent to regulate or restrain burials of the dead within cities; Cone. C. Asso. i\ M. & N. VV. RR. Co., 121 111., 203. 3. A cemetery is not a nuisance per se, and the subject of legislative prohibition; Lake View v. Rose H. Cem. Co , 70 111., 191. 4. Under a power to abate nuisances an ordinance forbidding any cemetery to be opened in a town, without first obtaining permission of the trustees, it is beyond the power, in advance, to prohibit the establishment of any cemetery except as authorized by the board; Lake View v. Metz, 44 111., 82. 5. See Additional Laws — (’ emeteries. Eightieth — To regulate, restrain, and prohibit the running at large of horses, cattle, swine, sheep, goats, geese and dogs, and to impose a tax on dogs. 1. The general statute as to animals does not affect the authority of a city under its charter to declare animals at large to be a nuisance, although the county votes in favor of allowing stock to be at large; Quincy v. O’Brien, 24 App., 591. 2. City of Quincy has authority to declare it to be a nuisance for animals to run at large under its charter, notwithstanding a vote of the county allowing stock to be at large; Quincy v. O’Brien, 24 App., 591, 3. A county, having adopted the township organization law (Stat., Mar. 4, 1874), may vote on the question of alio wing^ slock to run at large, although some towns in 9 " Ju [ /j / T (i(i Powers of the City Council. the county have adoi)t(Hl tlui law and proliibihul stock f rom riinniim at lar^e; Bach 10. Ammons, 100 111,, 407. 4, Under the |)ow(!r to dechm; what sliall he nuisances, an ordinance declaring that swine running at large are nuisances and providing for the abatement thereof is \alid; Roberts o. Ogle, 30 111., 4o0. 5. 'I'o subject a person to a penalty, under an ordinance, for suffering animals to run at large be must have participated in the act of sufl'ering it to be done; Kinder Oillespie, 03 111., 8S; Collinsville •<;. Scanland, 58 111., 221. 0. The killing of a dog running at large, in violation of an ordinance prohibiting the same, is not such an unauthorized proceeding as will create a liability for its loss; Jjeach V. El wood, 3 App., 453. 7. A city ordinance authorized the mayor, by ])roclamation, to order all persons Avithin the city limits to coniine or securely muzzle their dogs. 'I'he city marshal, to carry into effect the provisions of the ordinance — under the mayor’s proclamation — employed an agent directing him to destroy all dogs found running at large and not properly muzzled. It was held that the marshal was not liable for the wanton, wil- ful or negligent act of such agent in killing a dog not within the terms of the ordinance and proclamation; Pritchard Keefer, 53 111., 117. 8. A town or city can not, by ordinance, authorize a pound master to sell property Avithout a judicial finding that some law has been violated; Willis io. Legris, 45 111., 289; Bullock v. (ioemble, 45 Ilk, 218; Poppen v. Holmes, 44 Ilk, 360. 9. When a pound master is sued for the property he can justify his acts, only, by showing his authority — as in the case of an officer acting under an execution. Tie must ])rove that the animal was in that situation which the ordinance has designated to authorize the seizure; Clark v. Lewis, 35 Ilk, 417. Eig’lity -first — To direct the location and regnlate the management and construction of packing liouses, renderies, tallow chandleries, bone factories, soap factories and tanneries, within the limits of the city or village, and wdthin the distance of one mile without the city or village limits. 1. This act giv”es poAver to establish and maintain a public slaughtering house for the proper inspection of fresh meats; Rock Island y. Iluesing, 25 App., 600. 2. The fact that a packing house has been licensed by a town — in this case. Lake — Avhere it is located within the limits of the right of a city — Chicago — does not exempt such packing house from an ordinance of the city, requiring it to be licensed by the city; p,, 282. 7. This clause limits the council’s ]>ower to locate railroad tracks on streets; Chi. 1). & C. (’o. 0 . (larrity, 115 111., 101. Ninety-first — To tax, license and regulate auctioneers, distillers, brewers, lumber yards, livery stables, public scales, money changers and brokers. 1. The constitutional provision (art. 0, § 1), which declares that the legislature shall have power to tax peddlers, auctioneers, brokers etc., does not operate as a pro- hibition on all other bodies to tax such persons and for purposes other than for state revenue. Municipal corporations may be authorized to tax such persons; Wig- gins V. Chicago. 68 111., 372. 2. The legislature is authorized to confer power, by general law, on incorporated cities to demand and collect a license fee, or tax, on all j)ersons who shall pursue the business, or calling, of brokers within their cor])orate limits and to prohibit within such limits, the business, of money changer, or banker, broker or commission mer- chant — including that of merchandise, produce or grain broker, real estate broker and insurance broker — without license therefor. Such a provision and an ordi- nance pursuant thereto, are valid; Braun v. Chicago, 110 lil., 190. 8. The power granted, by this section, authorizes the city authorities to adopt any reasonable ordinance in exercising it. The city may tax, may license and regulate the particular business and the ordinance may empower the mayor to revoke the license for cause; Wiggins v. Chicago, 68 111., 373. 4. A license fee imposed upon certain avocations etc. carried on in city or village, is not, within the constitution, a tax; U. H. Dist. Co. v. Chicago, 112 111., 22. 5. A city organized hereunder can not, by ordinance, require merchants to take out license; Holder v. Galena, 19 App., 409. 6. The term “banker” includes all the business of a “money changer”. A “money changer” is defined to be, a broker who deals in money or exchange. One doing a banking business is a money changer, within the meaning of the section; Hinckley v. Belleville, 43 111., 183. 7. A “ broker” is one who is engaged, for others, in negotiating contracts relative to property with the custody of which he has no concern; Braun v. Chicago, 110 111., 190. 8. A broker who has purchased mining stock, for a third person, in violation of an ordinance requiring a license before doing business in a city can not recover commis- sion; Hustis V. Pickards, 27 Ap])., 270. 9. Brokers in mining stocks are embraced in an ordinance requiring a. “money changer or banker, broker or commission merchant” to take out a license; Hustis v. Pickards, 27 App., 270. 10. An ordinance which requires auctioneers to pay an annual license fee of $200 and to furnish a bond, with two sureties, in the penal sum of $1,000, to be approved by the mayor and conditioned for the due observance of the ordinance relating to the business, and requiring licenses to expire on the last day of April after their date and providing for a forfeiture for violation of the ordinance, to be declared by the mayor when satisfied of the fact, is not unreasonable nor invalid; Wiggins v. Chi- cago, 68 111., 372. 11. Bill to restrain the enforcement of a city ordinance prohibiting complainant from doing business as auctioneer without license, he having applied for one and been refused; is without equity, the remedy being ample at law; Klinesmith v. Har- rison, 18 App., 467. 12. This clause — with clause 42 — confers power to tax the keepers of livery stables by a general ordinance. .The provision is not unconstitutional; Howland v. Chicago, 108 111., 500. 13. Under the power herein a city council may prescribe the rule that licenses, to be taken out by keepers of livery stables shall be paid for in proportion to the num- ber of carriages kept for hire (see ci. 42); Plowland v. Chicago, 108 111., 500. Ninety-second — To prevent and regulate tlie rolling of hoops, play- ing of ball, flying of kites, or any other aniusenient or practice having Powers of tue City Couxcil. 0|) a tendency to annoy i)ersons passing in the streets, or on tlie sidewalks, or to frigliten teams and horses. Ninety-third — To regulate and prohibit the keeping of any lumber yard, and the placing or piling or selling any lumber, timber, wood or other combustible material, within the tire limits of the city. Ninety-fourth — To provide, by ordinance, that all the paper, print- ing, stationery, blanks, fuel, and all the supplies needed for the use of the city, shall be furnished by contract, let to the lowest bidder. 1. Contract let in violation of the provisions of the statute is void; Dement v. Kokker, 126 111., 189. 2. It is a condition precedent of contracting that there shall be a public letting of the work, with entire freedom of competition, and that the contract be let to the lowest responsible bidder; Dement v. Kokker, 126 111., 189. 3. No person can derive any rights under a contract, procured by preventing — on his part — competition in bidding; Dement c. Rokker, 126 111., 189. 4. The lowest bid mav be rejected if the bidder be not responsible; Dement v. Rokker, 126 111., 189. Ninety -tifth — To tax, license and regulate second hand and junk stores, and to forbid their purchasing or receiving from minors, without the written consent of their parents or guardians, any article whatsoever. 1. Booksellers buying and selling second hand books in the course of trade, are not dealers in second hand goods within the meaning hereof; Eastman v. Chicago, 79 111., TT8. An act to extend the powers of the city council in cities, and the president and board of trustees in villages and incorporated towns. [Approved June 16, 1887. In force July 1, 1887. L. 1887, p. 117. § 1. That the city council in cities, and the president and board of ti ustees in villages and incorporated towns, shall have power to license, tax, regulate, suppress or prohibit itinerant merchants and transient vendors of merchandise. An act to insure the better protection of life and property from steam boiler explosions. [Approved June 3, 1889. L. 1889, p. 88. § 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 pres- sure, exhausting through an engine, without a license; and to provide that any person violating the provisions of such ordinances shall be lia- ble to a penalty for each breach thereof. § 2. To require that all persons engaged in such occupation within tlie jurisdiction of such towns, cities and villages so adopting such ordinances, shall submit to an examination by a competent board of ex- aminers to be appointed by such councils and boards of trustees, touch- ing their competency and qualitications in regard to such vocations, 70 Powers of the City Council. witli ])ower to such Ixnird of ox;iminei\s to liceiise siicli persons as may be found capable and trustworthy in that behalf. Ninety-sixth — To pass all ordinances, rules, and make all regula- tions, proper or necessary, to carry into effect the powers granted to cities or villages, with such fines or penalties as the city council or board of trustees shall deem proper: Provided, no fine or penalty shall exceed $20t>, and no im]U’isonment shall exceed six months for one offense. 1. Ordinances must bo general in their character and operate equally on all persons within the municipality, of the same class, to whom they relate; they* must not be in violation of any law, contrary to public policy, or unnecessarily oppressive, and must not unjustly and arbitrarily discriminate between citizens of the same j>lace; Zanone v. Mound C., 1013 111., 555. 2. The i)owcrit() enforce the observance of all ordinances etc. by penalties, not ex- ceeding a sum tixed by statute, for any offense against the same, does not, of neces- sity, confine the city to that mode; nor to a suit on the bond of a grocery keeper for violations by him. The city, in the exercise of police power conferred, may pro- vide for the revocation of his license; Schwuchow i\ (Ticago, 68 111., 444. 8. Ordinances can not have an extra-territorial effect, unless clearly authorized by charter; Strauss Pontiac, 40 111., 801. 4. The right to empower municipal corporations to make by-laws and ordinances, for the welfare and government of the inhabitants of the corporation, can not be de- nied; (iaddis V. Richland Co., 92 111., 119; Tugman v. Chicago, 78 111., 405. 5. Ordinances must not be unreasonable, oppressive or such as will create a mo- nopoly; Tugman i\ Chicago, 78 111.. 405. (). An ordinance is not necessarily all void becau.se some part of it may be so; Raker t). Normal, 81 111., 108. 7. An ordinance, passed within the granted powers, has the force and effect of a legislative enactment as a law of, and within, the incorporation; Mason v. Shawmee- town, 77 111., 538. 8. An ordinance will not be held void because in its title is used the w'ords “com- mon council ” instead of the words “city council”; Law i\ People, 87 111., 885. 9. An ordinance which makes an act done by one penal and imposes no penalty for the same act done, under like circumstances, by another is unjust and unreason- able and can not be sustained; Tugman v. Chicago, 78 111., 548. 10. (ity authorized to impose a fine and no limit fixed; the fine may exceed that imposed for the same offense by state lawq Quincy v. O’Brien, 24 App., 591. 66. Style of ordinances.] § 2. The style of tlie ordinances in cities shall be: “Bo it ordained by the city council of ” 1. An ordinance will not be held void for the reason that, in its title, the words “ common council ” are used in lieu of the wmrds “ city council”; Law v. People, 87 111., 385. 67. Publication of ordinances — when in force.] § 3 . All ordi- nances of cities and villages imposing any fine, penalt}% imprisonment or forfeiture, or making any appropriation, shall, within one month after they are passed, be published, at least, once in a newspaper pub- lished in the city or village, or, if no such newspaper is published therein, by posting copies of the same in three public places in the city or village; and no such ordinance shall take effect until ten days after it is so published. And all other ordinances, orders and resolutions shall take effect from and after their passage, unless otherwise provided therein. 1. The publication of an ordinance with the proceedings of the city council adopt- ing it, is a sufficient publication; Law t). People, 87 111., 385; Baker v. Maquon, 9 App., 155. Towers of the City Coukcil. 71 2. A publicution iu a uewspap(M‘ of the village is a sufficient j)ublication. It is immaterial whether it is published in book or pamphlet form or written notices of its passage have been posted; Moss v. Oakland, S8 111., 109. d. Until ten days after the publication of an ai)propriation ordinance, appropria- tions can not be deemed “ legal and valid People d. P., D. & E, iiy. Co., 116 111., 411. 4. A provision retjuiring the clerk of a town, immediately after the passage of any ordinance all'ecting the public to post up copies thereof, ten days before the same takes effect is mandatory and can not be dispensed with. Without proof of such l>osting an ordinance is not admissible in evidence, if objected to; Schott o. People, 89 111., 195. 5. Where the publication of an ordinance was by posting, in suit for a penalty un- der it, it must be shown that no newspaper was published in the village; Baker c. Maquon, 9 App., 155. 6. Where defendant, sued for a violation of an ordinance, did not object on the trial, to the introduction of the ordinance on the ground that it had not been pub- lished as required by charter, but limited his objection to the reading of certain parts thereof, he admitted a proper publication and the whole ordinance was pro- perly admitted in evidence; Booth «. Carthage, 67 111., 102. 68. Proof of ordinances.] § 4. Al] ordinances, and the date of pub- lication tliereof, may be proven by tlie certificate of the clerk, under the seal of the corporation. And, when printed in book or pamphlet form and purporting to be published by authority of the board of trus- tees or the city council, the same need not be otherwise published ; and such book or pamphlet shall be receiv^ed as evidence of the passage and legal publication of such ordinances, as of the dates mentioned in such book or pamphlet, in all courts and places, without further proof. 1. The law providing that proof of publication of ordinances shall not be required unless denied on oath; information and belief can not suj)ply the place of a positive allegation of non publication; Linch i\ Litchfield, 16 App., 615. “An act in regard to suits by incorporated cities and villages and to enforce penalties and recover fines for violating the ordinances thereof.” [Approved May 31, 1879. In force Julvl, 1879. L. 1879, p. 79. ■ 69. Actions to enforce penalties etc. — how brought.] § 1. All actions to recover any tine, or to enforce any penalty, under any ordinance of any city or village in this state, shall be brought in the corporate name of the city or village, as plaintiff, and no prosecu- tion, recovery or acquittal for the violation of any such ordinance shall constitute a defense to any other prosecution of the same party, for any other violation of any such ordinance, although the different causes of action existed at the same time, and, if united, would not have ex- ceeded the jurisdiction of the court or magistrate. 1. A proceeding to collect a penalty for the violation of a town ordinance is a civil suit; Hoyer v. Mascoutah, 59 111., 187. 2. Proceedings under ordinances for the protection of persons and property and the preservation of the peace are quasi criminal; Poyer «. DesPlaines, 123 III., 114. 8. Debt is the proper form of action for the recovery of a penalty for the violation of an ordinance; unless the charter prescribes a different action; Jacksonville ». Block, 86 111., 807. 4. This section may extend to and embrace a subject of police regulation, under the general police power of the state; M’Pherson y. Chebanse, 114 111., 49. 5. The statute (R. S., 1874, ch. 88, § 1) requiring security for costs in prosecutions under penal statutes, does not apply to prosecutions, under municipal ordinances. i ’ owe US or THE City Council. for tli(* violation of such ordinance's; Jacksonville ». Block, Uh 111., n07; Quincy v. Ballanc«^, UO 111., 1S5; liowistown r, Pioctor, 2U III., 5UU. <). A city may not recov(n- a penalty from a person for pursuing a trade or calling, for the i>rivil(^ge of which lln^ city has received and retains the consideration exacted of him. In smdi case it is imimiH'rial whether the ordinance under which the privi- lege was granUal he or be not valid, or whetluM- the agents acting for the city were or were not olliccu's; Martel v. E. St. 1 j., !)4 111., 07. 7. In a suit to r<*cover the penalty, fixed by ordinance, for selling licpiors contrary to the terms ol his license, it is no delense that defendant is liable, to the city, on his rnamse bond for the same act. d’ho fact that the act complained of was a breach of th(‘ bond makes it none the less a breach of the ordinance; Whalin c. Macomb 70 111., 41). 8. 'The re])eal of an ordinance which prescribes a penalty for its violation, pend- ing a prosecution under such ordinance, operates to put an end to such prosecution; unless saved bv a clause in the repealing ordinance; Navlor n. Galesburg 50 111., 285, U. Kapiity has no jurisdiction to enjoin the prosecution of a syiit for the violation of a villag(> ordinance; nor is it within the power of the parties to waive the ques- tion of jurisdiction and ^'*'inp(d it to entertain the cause; Yates i'. Batavia, 79 111., 50U. 70. Fines and licenses — paid to treasurer.] § G. All fines and forfeitures for the violation of ordinances, when collected, and all moneys collected for licenses or otherwise, shall be paid in to the treas- ury of the corporation, at such times and in such manner as may be prescribed by ordinance. 1. Municipal corporations have a right to retain and appropriate to their own use all moneys arising from the granting of licenses to sell liquor, where no provisions are made to the contrary; Mt. Carmel r. Wabash Co., 50 111., 69. All act to ])rovide for the pmiisliment of persons violating any of the ordinances of the several cities and villages in this state. [Ap- proved and ill force April 12, 1879. L. 1879, j). 70. 71. Violations of ordinance — punishment.] § 1. In all actions for the violation of any ordinance of any city or village organized under any general or special law of this state, the first process shall be a summons ; Provided, however, that a warrant for the arrest of the offender may issue in the first instance, upon the affidavit of any per- son that any such ordinance has been violated, and that the person making the complaint has reasonable grounds to believe the party chai'ged is guilty thereof; and any person arrested upon such warrant, shall, without unnecessary delay, be taken before the proper officer, to be tried for the alleged offense. Any person upon wliom anj^ fine or ]>enalty shall be imposed may, upon the order of the court or magis- trate before whom the conviction is had, be committed to the county jail or the calaboose, city prison, woi’k house, house of correction, or other place provided by such cities or villages, by ordinance, for the in- carceration of such offenders until such fine, penalty and cost shall be fully paid ; Provided, that no such imprisonment shall exceed six nionths for any one offense. The city council oi* board of trustees of any such cities or villages shall have power to provide by ordinance that every person so committed shall be required to work at such labor as his or her strength will permit, within and without such ])rison, work house, house of correction or other place provided for the incarceration Powers of the City Couj^cil. 73 of such offenders, not to exceed ten hours each working day ; and for sucli work the person so employed, or worked, shall be allowed, exclu- sive of his or her board, the sum of fifty cents for each day’s work on account of such fine and costs. 1. If the ordinances of a city do not require a complaint in writing, on oath, for tlieir violation, a defect in such complaint, when made, will not vitiate; provided the justice has jurisdiction of the subject matter; Alton v. Kirsch, 08 111., 201. 2. Debt is the remedy to recover a i)enalty im})osed, if no mode of procedure is ])rescribed; C'hicago v. Enright, 27 Api)., 559. 8. Where the legislature confers jurisdiction on justices of the peace for the re- covery of a penalty for the violation of a municipal ordinance, the action may be brought in the same manner as any civil suit before a justice and the writ should be the ordinary summons, in the absence of some provision requiring a capias. The trial should be conducted according to the rules governing civil suits; Ewbanks v. Ashley, 36 111., 177. 4. In action of debt, for the violation of a municipal ordinance, the summons may be in the form prescribed, by statute, in civil cases (li. S., 1874, ch. 79, § 17); Jack- sonville V. Block, 36 111., 507. 5. One can not be made liable to a penalty imposed by an ordinance unless it ap- pears that the ordinance took effect before and was in force at the time the act com- plained of was committed. So, also, the provisions of the charter must hav’e been complied with in passing it. That fact must be shown by proper proof; Booth v. Carthage, 67 111., 102. 6. Debt for penalty for violation of a city ordinance is a civil action; Kinmundy Mahan, 72 111., 462; subject to limitation of two years; Chicago v. Enright, 27 App., 559; Proctor v. People, 24 App., 599. 7. In an action to recover for a violation of an ordinance — in this case as to the sale of liquors — recovery may be had on several violations; provided that the judgment shall not exceed the amount of the jurisdiction of the justice or police magistrate be- fore whom the cause is tried; Ilensoldt v. Petersburg, 63 111., 111. 8. In an action of d«^bt to recover a yjenalty for violation of an ordinance it is error to adjudge imprisonment against defendant; Kinmundy v. Mahan, 72 111., 462. 9. The constitutional provision as to imprisonment for debt does not extend to fines and penalties arising from the violation of penal laws; Kennedy v. People, 122 111 , 652. 10. The constitutional provision prohibiting imprisonment for debt, unless upon refusal to deliver up one’s estate, applies only to actions on contracts, express or im- plied — it does not extend to actions for torts; People v. Greer, 43 111., 413; M’Kindley V. Rising, 28 111., 337; People i\ Cotton, 14 111., 414. 11. A provision in a town charter giving the police magistrate power, in certain contingencies, to issue process against the body of an offender, for the satisfaction of the judgment against him, for violation of an ordinance, is not unconstitutional but is valid; Brown v. Jerome, 102 111., 372. 12. Holding a person in custody, on the verbal order of a police magistrate, for non payment of a fine, is illegal; Trustees t. Schroeder. 58 111., 353. 13. A provision to imprison in the county jail “ until the fine and costs be paid”, is not making im])risonment the punishment; it is but a mode provided for collecting the fine and costs; Ex p. Bollig, 31 III., 38. 14. An ordinance providing that on rendering judgment of conviction thereunder, the justice, if the fine and costs be not, at once, paid, may order the defendant to stand committed until they be paid, unless a defendant shall appeal therefrom. So soon as defendant has perfected his appeal the ordinance, so far as it relates to im- prisonment, has spent its force, wherefore, on hearing the appeal, it is error to render judgment on conviction and order imprisonment; Carson v. Bloomington, 6 App., 481. 15. The imprisonment of an offender on failure to pay a fine imposed, for violation of an ordinance, is not in satisfaction of the judgment; but, only, a means of enforc- ing payment of such judgment. Such imprisonment is no defense to an action, by sci. fa., against the sureties on the appeal bond, to recover the amount of the fine and costs; Sheffield r. O'Day, 7 App., 340. 16. The proviso to the statute, in regard to imprisonment is, only, a limitation on the time of such imprisonment; Sheffield v. O’Day, 7 App., 340. 10 74 Towers of the City Council. 17. No right in a penalty vests in an individual by suing for it; repeal of the statute imposing it (!xtinguish(!s the right of action; Mix 'O. 1. C. HR. Co., 110 111., 505. 18. Tluit ecpiity may interfere to i)revent a trespass or illegal prosecution under an ordinance, on the ground of irreparable injury, facts and circumstances mu.st be all(!g(‘d to show that such mischief will result and that the law can not afford an ade- (|uat.e reimaly; Poy(!r I)(;sPlaines, 128 111., 114. 19. If of .several ])rovisions of an ordinance some are void and others valid and a penalty is i)r(^scribed as to each offense separately, the ordinance may be enforced as to the valid provisions as though the void parts were omitted: Royer o. DesPlaines 123 111., 114. 72 . Jurisdiction of justices and police magistrates.] § 8 . Any and all justices of the peace and police magistrates shall have jurisdic- tion in all cases arising under the provisions of this act, or any ordi- nance passed in pursuance thereof. 1. An act to provide for the jurisdiction of justices of the peace in civil cases. [Approved Aiudl 1, 1872. In force July 1, 1872. Rev. Stats., 1874', ch. 79, p. 039.] . . . § 14. Justices of the peace shall have jurisdiction in all cases for violation of the ordinances of cities, towns or villages. 73. Constable or sheriff may serve process etc.] § 9. Any con- stable or sheriff of the county ma}’ serve any process, or make any arrests authorized to be made by any city officer. 74 . Jurisdiction over waters.] § 10 . The city or village govein- ment shall have jurisdiction upon all waters within or bordering upon the same, to the extent of three miles beyond the limits of the city or village, but not to exceed the limits of the state. . . . 1. See art. 3, ^ 16; as to territorial jurisdiction; ante, p. 29. 2. The legislature may, for police purposes, prescribe the limits of municipalities, enlarging or contracting them at pleasure, and give them power to ordain ordinances to prevent nuisances, to operate beyond their corporate boundaries; Chi. Pack. Co. v. Chicago, 88 111., 221. 75. An act to define the jurisdiction of the cities and incorporated towns bordering on the Ohio river. [Approved March 26, 1872. In force July 1, 1872. L 1871-2, p. 578. Over Ohio river. § 1 . Each of the several cities and incorpo- rated towns of this state, lying on the Ohio river, and bounded thereby, are hereby invested with jurisdiction over their river fronts, and shall have jurisdiction ovei- the waters of said river, in all cases occurring on said river, and o])posite to each of said cities or incorporated towns, co- extensive with the jurisdiction of the several counties in this state in which said cities or incorporated towns in ay lie; Provided, no thing herein contained sliall be construed so as to extend the jurisdiction of said cities or incorporated towns y^ver any islands in said riv^er included within the corporate limits of any county of the state of Kentucky. 76 . An act to extend tlie jurisdiction of towns and cities on any river within or on the borders of this state, for the purpose of police regulations. [Approved and in force Feb. 15, 1865. L. 1865, p. 111. "To enforce ordinances on boats etc.] § 1 . Cities and towns on any river within or on the l)orders of this state shall have the right to extend and enforce their ordinances so as to include any boat or other floating structure, which shall i)e kept within two miles of the city or town limits, as a place for drinking spirituous liquors, or for Officers — Their Powers and Duties, 75 gaming, or for the purpose of ])rostitution ; Provided, no authority shall be given by this law, beyond what the law now authorizes, to interfere with any steamer or other boat, the usual business of which is the* carrying of freight or passengers. 77 . An act providing for labor. on the streets and alleys of all cities and villages in this state. [Approved May 31, 1879. In force July 1 , 1879. L. 1879, p. 79. Labor on streets etc.] § 1. That the city council in all cities and the president and board of trustees in all villages in this state, may have power, by ordinance, to require every able-bodied male inhabitant of any sncli city or village, above the age of twenty-one years, and under the age of fifty years (excepting paupers, idiots, lunatics and such others as are exempt by law), to labor on the streets and alleys of any such city or village, not more than two ( 2 ) days in each year; but such ordinance shall provide for commutation of such labor at seventy- five cents per day. 78. Fines and penalties may be imposed.] § 2 . Any such city council or president and board of trustees or any such village shall have power by ordinance to provide such fines and penalties as may be necessary to enforce the provisions of this act. ARTICLE VI. Officers — Their Powers and Duties. Section. 79. Elective officers. 80. Other officers — duties of city marshal. 81. Appointments — vacancies — duties — powers. 82. Oath — bond. 83. Commission — certificate — delivery to successor. 84. Qualification of officers. 85. Not to be interested in contracts etc. 86. Bribery — penalty. 87. Mayor etc. not to hold other office. 88. Duties of clerk. Section. 89. Record of ordinances. 90. Conservators of the peace — powers. 91. Police districts described. 92. Police powers within the district. 92a. Conveyance of prisoners. 93. Compensation of mayor. 94. (/’onipensatioa of aldermen, etc. 95. Compensation of other officers. 90, Compensation, when fixed, 97. Limitation to compensation. 98. Administering oaths. 79 . Elective officers.] Sec. 1 . There shall be elected, in all cities organized under this act, the following officers viz. : a mayor, a city council, a city clerk, city attorney, and a city treasurer. 1. A city treasurer is a mere agent of the city; Smith v. Woolsey, 22 App., 185. 2. All other offices than those named, that may be deemed necessary or expedient for the city government, must be provided for by the city council. The officers to fill them are to be either elected by the legal voters, or appointed by the, mayor, with the approval of the city council, as shall be provided by ordinance; Crook v. People, 106 111., 242. 3. Note taken by a village attorney, in his own name, for the discharge of the maker from imprisonment under judicial sentence of fine and costs, for a violation of 7C) OfI'K IvKS — TjIKllt l^OWEKS AND Dl’TIKS. 51 villsigc* ordliuinco rests om sm illegal consideration, autliority so to compromise not being’ shown; 05. 4. Attorney, elected by the peoj)l(!, on behalf of the city may prsiy an aj)peal from 51 judgment sig5iinst tin; city and prepare; tin; ii(;c(;ssary stej)s to perfect the same; Con- nett -y. ('hic5igo, 114 111,, 250. 5. Aftm- taking steps to ai)i)eal from a judgment against tlie city. Ids duty is to re- ])ort tlie condition of the C5ise to tin; city c.ouncil, reporting bis view as to the expedi- ency of 5ippe5iling; in the 5ibsence of jeroof, it is presumed be disebarged tlie duty; Connett v. (’bicago, 114 111., 250. 0, Aft<>r appeal prav(‘d bis agreement with o])))Osing counsel to arbitrate tbe city’s liability, without objection of the council, and after several montbs tbe city avails of the decision to bring suit to (tarry tbe award into effect, tbe other party can not avoid tb(; award for want of autliority of tbe city attorney; Connett v. Chicago, 114 111., 250. 80. Other officers — duties of city marshal. | § 2. The city coun- cil may, in its discretion, from time to time, by ordinance passed by a vote oi‘ two-thirds of all the aldermen elected, provide for the election by the lei>’al votei’s of the city, or the appointment by the mayor, with the approval of the city council, of a city collector, a city marshal, a city superintendent of streets, a corporation counsel, a city comptroller, or any or either of them, and such other officers as may, b}’ said coun- cil, be deemed necessary or expedient. The city council may, by a like vote, by ordinance or resolution, to take effect at the end of tlie then fiscal year, discontinue any office so created, and devolve the duties thereof on any other city officer; and no offi(?er fillino^ any such office so discontinued, shall have any claim against the city on account of his salary, after such discontinuance. The city marshal shall perform such duties as shall be prescribed by the city council for the preserva- tion of the public peace, and the observance and enforcement of the ordinances and laws ; he shall possess the power and authority of a constable at common law, and under the statutes of this state. 1. Tills section empowers tbe marsbal to serve civil process witbiu tbe corporate limits; Stewart r. People, 15 Ap]i., 550. 81. Appointments— vacancies— duties — powers.] § 3. All offi- cers of any city, except where herein otherwise provided, shall be appointed by the mayor (and vacancies in all offices except the mayor and aldermen shall be filled by like appointment) by and with the ad- vice and consent of the city council. Tlie city council may by ordi- nance not inconsistent with the provisions of this act, prescribe the duties and define the powers of all such officers, together with the term of any such office : Provided, the term shall not exceed two years. 1. See, also, art. 2, §§ 2-5; art. 5, § 4. 2. Officers derive all tbeir powers from and tbeir duties are prescribed by tbe statute. All persons dealing witb tbein, in reference to public affairs, are bound to take notice of those powers and duties and see tbat tbeir acts are witbin tbe scope of tbeir authority; Tamm v. Lavalle, 92 111., 265. 5. Unless authorized by statute, an officer can perform no official act outside of and beyond tbe territorial limits in which be is authorized and required to act; A^an Dusen i\ People, 78 111., 645. 4. Tbe power to appoint local municipal officers is not vested in tbe governor; People V. Hoffman, 116 111., 594. 5. Imposing new duties on officers, merely statutory, already appointed is not leg- islative appointment of officers; Kilgour v. Drain. Comm’rs, 111 111., 550. 6. City charter fixing an officer’s term of office; an ordinance can not change bis tenure; Jacksonville v. Allen, 25 App., 54. Officers — Their Powers and Duties. 77 82. Oath — bond.J § T. Ali officers of any city or village, wlietlier elected or appointed, shall, before entering upon the duties of their re- spective offices, take and subscribe the following oath or affirmation : I do solemnly swear (or affirm, as the case may be) that I will support the consti- tution of the United States, and the constitution of the state of Illinois, and that I will faithfully discharge the duties of the office of according to the best of my ability. Which oath or affirmation, so subscribed, shall be tiled in the office of the clerk. And all such officers, except aldermen and trustees, shall before entering upon the duties of their respective offices, execute a bond with security, to be approved by the city council or board of trustees, payable to the city or village, in such penal sum as may, by resolution or ordinance, be directed, conditioned for the faithful j)er- formance of the duties of the office and the payment of all moneys re- ceived bv such officer, according to law and the ordinances of the said city or village: Provided, however, that in no case shall the mayors bond be tixed at a less sum than 'three thousand dollars ($3,000) ; nor shall the treasurer’s bond be fixed at a less sum than the amount of the estimated tax and special assessments for the current year — which bonds shall be filed with the clerk (except the bond of the clerk, which shall be filed with the treasurer). 1. Failure to give bond within a time prescribed by a city charter (see art. 4, § 12) is but cause of forfeiture of office; the council may waive the forfeiture and does waive it by subsequent approval of the bond; Launtz i\ People, 113 111., 144. 2. Eight members of a city council and the mayor present; four members remained mute; four members and the mayor — voting as on a tie — voting to aj)prove a bond; the bond stood approved; Sullivan v. People, 18 App., 627. 3. The bond of a city officer is approved if a majority of a quorum present vote affirmatively; Launtz v. People, 113 111., 143. 4. Sureties executing an officer’s bond on his promise, also, to execute it before delivery will be liable although the officer fails to sign it before its approval; Trus- tees V. Sheik, 119 111., 581. 5. A surety signing an officer’s — statutory — bond which the principal receives and delivers he not signing, in violation of a condition and statute requiring him to sign, is not bound by its acceptance so unsigned; Schiek v. Trustees etc., 16 App., 53. (But see next item.) 6. When sureties rely on the promise and not on a conditional delivery it will not constitute the execution of a bond on condition that an officer in procuring their signatures promised to sign the same before delivery but failed so to do; Trustees v. Sheik, 119 111., 581. 7. Sureties who sign an officer’s bond at his request and on his promise to sign it before delivery may recover from the officer such sum as they are compelled to pay, although he never executed the bond; Trustees v. Sheik, 119 111., 581. 8. There is a difference of construction applied to bonds given by public officers and bonds between private individuals; C., B. & Q. RK. C’o. i\ Bartlett, 20 App., 96. 9. For any breach of an official bond suit may be brought, and prosecuted to final judgment, against the principal and his sureties, or any one or more of them, or against one of the sureties or any number of them less than all, or against all the sureties, without first obtaining judgment against the principal (see R. S., 1874, ch. 103, § 13) ; Cassady v. Trustees, 105 111., 564. 10. Bond conditioned that a city clerk shall faithfully perform his duty and de- liver over all money etc. coming to his hand as clerk; surety is not held for money collected where no ordinance imposes* the duty to collect; Linch v. Litchfield, 16 App., 614. 11. Where a contract of surety relates to the acts and conduct of one in office, a recovery must be based on a violation of the condition occurring during the official 78 Offickrs — Til KIR Powers and Deties. tonn; sinoty, then, is liuble only for ollicial nets done or omitted; People v. Toomey, 25 A])p., 4(). 12. In such case the default coniplaiiKHl of must be in rcispect to the manner of the ])(M fonnance of his duties, recjuired of him by law, in his ofiicial capacity; so, they must be the ellici(mt cause of the loss; People v. 'roomey, 25 App., 4(5. 15. Suit on the ofiicial bond of a city treasurer, conditioned that he shall pay out money in his hand as directed by the city council; plea that the council never di- rected a ])ayment non payment of which is assigned for breach; demurrer is prop- ei'ly overruled; R St. L. -y. Launtz, 20 App., 044. 14. 'IVn in of an oliiccu- for a definite period, surety is liable only for acts per- formed during such ])eriod. If the bond is silent as "to time of liability the statute regulating the term aids the contract; People v. Toomey, 122 111., 811. 15. One in oflice for successive terms, under bond at each term and default discov- ered at his death; presumed — in the absence of proof — the default was of the last term; Pape y. People, 19 App., 24. 10. A city may maintain an action on its treasurer’s bond, for the use of one in- jured by his refusal to pay warrants drawn on a particular fund in his pustody; E. St. L. y. Flannigan, 20 App., 449. 17. See Additional Laws — B onds. 83 . Commission — certificate— delivery to successor.] § 5. All officers elected or appointed under this act (except the clerk, aldermen and mayor, and trustees), shall be commissioned by warrant, under the corporate seal, signed by the clerk and the mayor or presiding officer of the city council or board of trustees. The mayor or president of the board of trustees shall issue a certificate of appointment or election, under the seal of the corporation, to the (;lerk thereof, and any person having been an officer of the city or village, shall, within five days after notification and request, deliver to his successor in office all pro- ])erty, books and effects of every description in his possession, belonging to the city or village, or appertaining to his said office; and upon his refusal to do so, shall be liable for all the damages caused thereby, and to such penalty as may by ordinance be prescribed. 1. The decision of the canvassers of an election affords prima facie evidence of the legal election of the person found to have received a plurality of the votes cast. Unless his title to the office is contested, in some mode known to the law, he will be entitled to the office for the term for which he was elected; People y. Callaghan, 88 111., 128. 2. The person who holds a certificate from the authorities, appointed by law to can- vass the votes, declaring him duly elected to the office — in this case, of clerk of cir- cuit court — and who has complied with the requirements of law, in relation to the office, is entitled to the present possession thereof, with its records and emoluments; non obstante a contest of the election bv the |)rior incumbent; People y. Head, 25 111., 325. 3. In all cases where a public officer appropriates and converts to his own use moneys which he holds in his official capacity and, on proper demand, refuses to pay over to the party or parties entitled to receive the same, such officer and his sureties will be liable, on his official bond, for the amount of such moneys, with in- terest thereon, at the rate of six per cent., from the time of such conversion; Cassady - y. Trustees, 105 111., 564. 4. Prosecution under the criminal code for neglect or refusal to pay over moneys officially received as township treasurer is not prevented by a provision of school law that on refusal of such officer to pav over he shall pay a money penalty; Johnson y. People, 123 111., 624. 5. In such case, accused being his own successor, it is not necessary in order to con- vict to show receipt of the money after his last appointment or that he had it in hand at that time; Johnson y. People, 123 111., 624. 6. The criminal code (§ 216) provides as follows; If any person whose office shall be abolished by law, vacated or determined by removal from office, resignation, death, Officers — Their Powers and Duties. 79 expiration of the time for which he was elected or appointed, or other cause, or his executors, administrators or other persons, shall wilfully and unlawfully withhold or detain from his successor or other person entitled thereto by law, the records, papers, documents or other writings, or other articles of property appertaining or be- longing to such ollice, or mutilate, destroy or take away the same, the person so of- fending shall be imprisoned in the penitentiary not less than one year nor more than five years. 7. The duty is, at term expired, to pay over to his successor all moneys received during a preceding as well as a last term, which has not been lawfully paid out; one can not shield himself from liability by failing to account to himself, as his own suc- cessor; Johnson v. People, 128 111., 624. 84. Qualification of officers.] § 6 . No person shall be eligible to any office who is not a qualified elector of the city or village, and who shall not have resided therein at least one year next preceding his elec- tion or appointment, nor shall any person be eligible to any office who is a defaulter to the corporation. 1. See Additional Laws — Officers. 85. Not interested in contracts etc.] § 7. No officer shall be di- rectly or indirectly interested in any contract, work or business of the city, or the sale of any article, the expense, price or /consideration of which is paid from the treasury, or by any assessment levied by any act or ordinance; nor in the purchase of any real estate or other property belonging to the corporation, or which shall be sold for taxes or assess- ments, or by virtue of legal process at the suit of said corporation, 1. See Additional Laws — Officers. 2 A contract with a trustee to do work for a village is void; the officer will be en- titled to no compensation for work done under it; Dwight vs. Palmer, 74 111,, 295. 8. If a municipal officer contracted to furnish an article to the corporation and had an interest in its sale, he would come within the prohibition of this section. Aliter if he merely ordered the article, by authority of the city, and advanced the money to pay for it; Anna t;. O’Callahan, 8 App., 176. 4. The acts of officers disqualified to act, by reason of interest, must be free from motives of special pecuniary interest. Courts should open the way to a proper in- vestigation of their motives, in such cases; Sherlock v. Winnetka, 68 111., 530; S. C., 59 111., 389; Hunt v. Chicago, 60 111., 183. 5. The sale of its bonds by a municipal corporation to members of its council is void; Sherlock v. Winnetka, 68 111., 530; S. C., 59 111., 389. 6. Officers or agents of a public corporation having no power with respect to a given matter, neither their acts nor their individual knowledge in respect to the matter can, in any way, bind such corporation; Bouton v. M’Donough Co., 84 111., 384. 86. Bribery — penalty.] § 8. Every person who shall promise, offer or give, or cause, or aid, or abet in causing to be promised, offered or given, or furnish or agree to furnish, in whole or in part, to be promised, offered or given to any member of the city council or board of trustees, or any officer of the corporation, after or before his election or appointment as such officer, any moneys, goods, right in action, or other property or any thing of value, or any pecuniary advantage, pre- sent or prospective, with intent to influence his vote, opinion, judg- ment or action on any question, matter, cause or proceeding which may be then pending, or may by law be brought before him in his of- ficial capacity, shall, upon conviction, be imprisoned in the penitentiary for a term not exceeding two years, or shall be fined not exceeding $5,000, or both, in the discretion of the court. Every officer who shall so Ofkici:us — Tin: IK Powers and Duties. jiccept any such i;ift (»• proinise, or undcj'taking to make the same un- der any agreement or understanding that liis vote, o])inion, judgment or action shall he iidinenced tlierehy, or shall be given in any cjiiestion, matter, cause or proceeding then pending, or which may by law be brought before him in his official capacity, shall, upon conviction, be dis(|ualified from holding any ])ublic office, trust or appointment under the city or village, and shall forfeit his office, and shall be punished by imj)risonment in the penitentiary not exceeding two years, or by a fine not exceeding $5,000, or both, in the discretion of the court. Every ])erson otfendlng against either of the provisions of this section, shall l)e a competent witness against any other person offending in the same transaction, and may be compellea to appear and give evidence before any grand jury or in any court in the same manner as other persons; but the testimony so given sJiall not be used in any prosecution or pro- ceeding, civil or criminal, against die person so testifying. 1. At common law, brib('ry is a grave offense against public justice. The at- tempt or offer to bribe is, likewise, criminal — as tending co corrupt official integrity — and is indictable; Walsh v. People, 65 111., 58. 2. The offer to receive a bribe, by a public officer, is an indictable misdemeanor; Walsh V. People, 65 111., 58. 3. The criminal code further provides as follows: “ 31.) Whoever corruptly, di- rectly or indirectly, gives any money or other bribe, present, reward, ])romise, contract, obligation or security for the payment of any money, present, reward or any other thing, to any judge, justice of the peace, sheriff, coroner, clerk, constable, jailer, attorney general, state’s attorney, county attorney, member of the general as- •sembly, or other officer ministerial or judicial, or to any legislative, executive or other officer of any incorporated city, town or village, or any officer elected or ap- pointed by virtue of any law of this state, after his election or appointment, either before or after he is qualified, with intent to infiuence his act, vote, opinion, decision or judgment on any matter, question, cause or ])roceeding which may be then pend- ing, or may by law come or be brought before him, in his official cajmcity, or to cause him to execute any of the powers in him vested, or to perform any duty of him required, with i)artiality or favor, or otherwise than is required by law, or in con- sideration that such officer being authorized in the line of his duty to contract for any advertising, or for the furnishing of any labor or material, shall directly or indi- rectly arrange to receive, or shall receive, or shall withhold from the parties so con- tracted with, any portion of the contract price, whether that price be fixed by law or by agreement, or in consideration that such officer hath nominated or appointed any person to any office, or exercise any power in him vested, or ]»erformed any duty of him required, with partiality or favor, or otherwise contrary to law, the ])erson so giving, and the officer so I'eceiviug any money, bribe, present, reward, promise, con- tract, obligation or security, with intent or for the purpose or consideration afoiesaid, shall be deemed guilty of bribery, and shall be punished by confinement in the peni- tentiary for a term not less than one year nor more than five years. “ (§ 32.) Every person who shall offer or attempt to bribe any member of the general assembly, judge, justice of the peace, sheriff, coroner, clerk, constable, jailer, attor- ney general. state’s attorney or other officer, ministerial or judicial, oi- any legisla- tive, executive or other officer of any incorporated city, town or village, or any officer elected or appointed by virtue of any' law of this state, in any of the cases mentioned in the preceding section, and every such officer who shall propose or agree to receive a bribe in any of such cases, shall be fined not exceeding $5,000.” 87. Mayor etc. not to hold other office.] § 9. No mayor, aider- man, city clerk or treasurer, shall hold any other office under the city government during his term of office. 1. See Additional Laws — Officeks. Officers — Their Powers and Duties. 81 88. Duties of clerk. J § 10. The clerk shall keep the corporate seal, to be provided under tlie direction of the city council or board of trus- tees, and all papers belonging to the (dty or village; he shall attend all meetings of the city council or board of trustees, and keep*a full record of its proceedings in the journal ; and copies of all papers duly filed in his office, and transcripts from the journals and other records and files of his office, certified by him under the corporate seal, shall be evidence in all courts in like manner as if the originals were produced. 89. Record of ordinances.] § 11. The clerk shall record, in a book to be kept for that purpose, all ordinances passed by the city council or board of trustees, and at the foot of the record of each ordinance so re- corded shall make a memorandum of the date of the passage and of the publication or posting of such ordinance, which record and memoran- dum, or a certified copy thereof, shall be prima facie evidence of the passage and legal publication or posting of such ordinances for all pur- poses whatsoever. 90. Conservators of the peace — powers!] § 12. The trustees in villages, the mayor, aldermen and the marshal and his deputies, police- men and watchmen, in cities, if any such be appointed, shall be con- servators of the peace ; and all officers created conservators of the peace by this act, or authorized by any ordinance, shall have povver to arrest, or cause to be arrested, with or without process, all persons who shall break the peace, or be found violating any ordinance of the city or vil- lage, or any criminal law of the state, commit for examination, and if necessary, detain such persons in custody over night or Sunday in the watch house, or any other safe place, or until they can be brought be- fore the proper magistrate, and sliall have and exercise such other flow- ers 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 police- man of such city or village ; such policemen being, hereby, clothed with all the common law and statutory power of constables for such pur- poses. [As amended by act approved June 14, 1883. In force July 1, 1883. L. 1883, p. 58. 1 . See art. 2, ^ 8 and notes thereto. 2. At common law, peace officers were authorized to arrest street walkers. The common law is in force in this state, as to such offenses; Miles v. Weston, GO 111., 361. 3. Unless the party against whom a warrant is issued, on charge of the commis- sion of a criminal oft'ense, has fled from the county, a constable of the county has no authority to arrest him in another county. If he does both he and the party procur- ing the arrest will be liable for false imprisonment; Krug v. Ward, 77 111., G03. 4. The powers of a policeman are no greater than are those of a constable, in respect of the power of arrest. A constable may, without warrant, arrest any one for a breach of the peace committed in his view and carry him before a justice of the peace. In case of a felony, actually committed, or a dangerous wounding, whereby a felony is likely to ensue, he may. upon probable suspicion, arrest the perpetrator. In such case — as upon warrant — he may break doors and, even, slay the felon if he can not otherwise be taken; Shanley v. VVells, 71 111., 78. 5. In all cases not felonies, or likely to result in one, where the offense is not com- mitted in the officer’s view, or the act done or threat made is not fresh, a policeman — • or constable — has no right to arrest without a warrant; Shanley Wells, 71 111., 78. 11 Officers — Their Powers amd Dities. -s;.' (). An arn^st witlioiit warrant may 1)0 ma(l<% V)y a city marshal, vvliere the power is ^^iven to a citv l)y charter, of any pcirson violating an ordinance in liis view; Bryan d. Bates, 15 111.; 87. ' . 7. A ]>rivate person may arrest persons guilty of the commi.ssion of any crime or mis(l(“meanor. in this state, without a warrant. Wlien the arrest is made under the heli(>f that the ]>arty arrested is guilty of a felony when, in fact, he is guilty of a misdemeanor, only, the arrest will be justified; Smith t'. Donelly, 00 111., 404. 8. It is the duty of a police officer, if Ik; knows that a felony has been committed, w'ithin his jurisdiction, and there is good reason to suspect a particular })erson is guilty th(;reof, to arrest him and take him before a magistrate for examination. d’lK;re must, however, be a strong conviction, from the circumstances, that the per- son arrested is the felon; Marsh i\ Smith, 49 111., 896. 9. An arrest for a breach of the peace need not be made immediately. It may he made after peace is restored and the affray is over, or on the information of an officer who was present, witnessing it. after the affray is over; Main v. M’Carty, 15 111., 441. 10. Where an officer, who is present at the commission of an offense, is not able to make an arrest and calls in other officers, or the posse, or qp hue and cry, those who aid have a justification as broad as his own; Main r M’Carty, 15 111., 441. 11. An officer who has arrested a criminal, where he escapes may, if it becomes necessary, break open the doors of his house to re-arrest him; Cahill v. People, 106 111., 624." 12. If a public officer be resisted and killed by one whom he is illegally attempting to arrest, without color of authority of law, the killing will be manslaughter only; unless the evidence shows previous or express malice; Rafferty v. People, 72 111., 87. 18. To constitute an arrest there must b(\ at least, words and acts toward the per- son clearly showing an intention to arrest and his submission must be to a threatened and reasonably apprehended force; Greathouse r. Summerfield, 25 App., 296. 14. The common law rule, exempting from arrest on civil process parties and wit- nesses in a law suit, while coming to, attending on or returning from the court does not apply to the service of process by mere reading - Greer r. Young-, 120 111., 185. 15. It is provided by the criminal code, § 340 (Div. 6, § 2), that “It shall be the duty of every sheriff, coroner, constable, and every marshal, policeman, or other officer of any incorporated city, town or village, having the power of a sheriff or con- stable, 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 jus- tice of the peace, to he dealt with according to law; to suppress all riots and unlaw- ful assemblies, and to keep the peace, and without delay to serve and execute all -warrants, writs, precepts and other process to him lawfully directed.” An act to detine police districts, and the powers and the duties of the police therein. [Approved May 13, 1887. In force May 13, 1887 . L. 1887, p. 104. 91. District described.] Sec. 1 . The territory wliich is embraced within the limits of adjoining cities, villages and incorporated towns, within any county in this state, shall he a police district. 92 . Police powers within the district.] § 2 . It shall be lawful for the police of any city, village or incorporated town in such district to go in to any part of such district to suppress riot, to preserve tlie peace and protect the lives, rights and property of citizens and, for such pur- poses, it shall be the duty of the mayor of any city, the president or the president and board of trustees of any village or incorporated town in such district, and the chiefs of police therein, to use the police forces under their control anywhere in such district. An act to prevent the use of uncovered patrol wagons for the convey- ance of prisoners and prescribing certain penalties for the violation thereof. [Approved June 17, 1893. L,1893, p. 76. 92a. Conveyance of prisoners, vehicle to be covered.] § 1. Be it enacted by the people of ike state of Illinois^ represented in the general assembly: That all cities of fifty thousand inhabitants or upwards, in Officers — Their Powers and Duties. 83 this state, owning, controlling or using patrol wagons, omnibuses, vans or other vehicles of any class or kind, for the purpose of conveying prisoners to police stations, jails, houses of eori’ection, penitentiaries or other places for the detention of such prisoners, shall provide suitable covers or canopies for such patrol wagons, omnibuses, vans or other vehicles, so that the prisoners which may be conveyed therein shall not be exposed to jiublic view. 92b. Prohibition.] § 2 . It is and shall be unlawful for the authori- ties or officers of any such city, in this state, to compel any person who is under arrest, imprisonment, or in their care, custody or charge, to ride or to be driven in an open or uncovered patrol wagon, omnibus, van or other vehicle of any class or kind named in the first section of this act, in or through the public streets or other public places in this state. 92c. Penalty— act when in force.] Any sheriff, coroner, consta- ble, marshal, })ol iceman, warden, superintendent or other officer of such city violating the provisions of this act, shall be fined not less than ten dollars nor more than one hundred dollars. Provided, this act shall not become a law, nor go into effect until July 1, A. d. 1894. 93 . Compensation of mayor.] § 13. The mayor of any city shall receive such compensation as the city council may, by ordinance, direct; but, his compensation shall not be changed during his term of office. 94. Compensation of aldermen and trustees.] § 14. The aider- men and trustees may receive such compensation for their services as shall be fixed by ordinance ; Provided, however, such compensation shall not exceed three dollars to each alderman or trustee for each meeting of the city council, or board of trustees, actually attended by him, and no other compensation than for attendance upon such meetings shall be allowed to any alderman or trustee for any services whatsoever. Such compensation shall not be changed, after it has been once estab- lished, so as to take effect as to any alderman or trustee voting for such change, during his term of office. 95 . 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. 1. In tlie absence of statutory provision an officer can recover no remuneration for services rendered; Bruner v. Mad. Co., Ill 111., 16. 2. A person wlio accepts a public office with a fixed salary is bound to perform the duties of the office for the salary. He can not, lawfully, claim additional compensa- tion for the discharge of those duties, even although they be subsequently imposed. *and the salary is inadequate; Decatur v. Vermillion, 77 111., 315. 3. The general statute as to ‘‘ Fees and salaries” (Rev. Stats., ch. 53, § 38), pro- vides that, “ collectors in cities or incorporated towns in counties of the first and. second classes, shall receive such fees as may be prescribed by the common council or board of trustees of their respective cities or incorporated towns, not exceeding, in any case, two per cent, of the amount collected by them ”. 84 Of Fj nance. An act to enable the corporate autlioritics of cities to establish and fix the salaries of city ollieers. [Approved and in force April 23, 1873. 96 . When to be fixed — not changed during term.] Sec. 1. It sliall and may 1)0 lawful for the common council or legislative authority of any city in this state to establish and fix the amount of salary to be )>aid any and all city officers, as the case may be, exc.ept members of such legislative body, in the annual appropriation bill or ordinance made for the purpose of ]^rovidiug for the annual expenses of any such city, or by some oi’di nance prior to the passage of such annual appropriation bill or ordinance ; and the salaries or compensation thus fixed or established, shall neither be inci-eased nor diminished l)v the said common council or legislative authority of any such city, after tlie 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. An act to limit the compensation of officers, agents or employes of incorporated towns or villages. [Approved June 26, 1885. In force July 1 , 1885. L. 18S5, p. 58. 97 . Limit to compensation.] Sec. 1. Whenever any officer, agent or employe of any incorporated town or village, hereafter to be elected or appointed, is paid by a commission or per centage on the moneys collected, handled or ]>aid over by him, it shall be unlawful for said officer, agent or employe to receive or retain for his compensation, for collecting, handling or paying over such moneys, any greater sum than that produced by such per centage or commission, and in no case shall such compensation exceed the sum of five thousand dollars ($5,000) per annum. 98 . Administering oaths.] § 16. The mayor of any city, and the clerk of any city or village, shall have power to administer oaths and affirmations upon all lawful occasions. ARTICLE YII. Of Finance. Section. 99. Fiscal year. 100. Annual appropriation ordinance. 101. Limitation — emergency — borrowing money. 102. Contracting liabilities limited. 103. Duties of treasurer. 104. Separate accounts. 105. Receipts. 106. Monthly statements — warrants — vouchers. 107. Deposit of funds. 108. Annual report — publication. 109. Warrants. 110. Special as.sessment fund kept sepa- rate. Section. 111. Collector’s duties. 112. He shall report — publication. 113. Not to detain money — penalty. 114. Examination of his books — paying over. 115. Comptroller’s powers and duties. 116. Council may define the duties — transfer of clerk’s financial duties. 117. Record of bonds issued by city. 118. Further duties may be required. 119. Appeal to -finance committee. 120. Who may appoint subordinates. 121. Foreign insurance companies. 99 . Fiscal year.] Sec. 1. The fiscal year of each city or village, or- ganized under this act, shall commence at the date established by law Of Finance. ^5 for the annual election of municipal ofiicers therein, or at such other times as may be fixed by ordinance. 100. Annual appropriation ordinance.] § 2 . Tlie city council of cities, and board of trustees in villages, shall, within the first quarter of each fiscal year, pass an ordinance, to lie termed the annual appropria- tion bill, in which such corporate authorities appropriate such suni or sums of money as may be deemed necessary to defray all necessary ex- penses and liabilities of such corporation ; and, in such ordinance shall specify^ the objects and purposes for which such appropriations are made, and the amount appropriated for each object or purpose. No further appropriations shall be made at any other time within such fiscal year, unless the proposition to make each appropriation has been first sanctioned liy 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 dulv called therefor. 1. The word “may” should be read “shall” — “shall appropriate such sum or sums of money as may be deemed necessary to defray all necessary expenses and liabilities” etc.; Cairo v. Campbell, 116 111., »310. 2. Mayor and common council are distinct as to passage of appropriation bill; King Chicago. Ill 111., 66. , 8. This section does not require an appropriation bill — of city — to be completed and approved within the first quarter of the citv’s fiscal year; King v. Chicago, 111 111 ., 66 . 4. Appropriation ordinance, passed within the time limited, vetoed as to some items. After the time limited the council passed most of the vetoed items the veto notwithstanding. The ordinance was adopted in time; the subsequent action of the council was, in law, but an adherence to appropriations alreadv made; Fairfield v. People, 94 111., 244. 5. Appropriation ordinance of city or village takes effect ten days after publication; People «. P., D. & E. Ry. Co., 116 111., 411. 6. Publication of an appropriation ordinance of city, village or town is not essen- tial before delivery to county clerk for assessment of tax; People v. Lee, 113 111., 118. 7. Writ will issue to compel a city to provide for the collection of a yearly tax to meet interest on and to discharge its indebtedness in twenty years; E. St. L. v. People, 124 111., 660. 8. One whose judgment against a city is omitted from the appropriation bill, per- versely or negligently, may compel the levy and collection of a tax for its payment; Cairo v. Campbell, 116 111., 807. 9. Demand on city council for the payment of a judgment against the city at any time before the day fixed by law for the adoption of the appropriation ordinance justifies mandamus to compel a tax levy to satisfy it; Cairo v. Campbell, 116 111., 307. 10. Equity will restrain the abuse of the taxing power by municipalities, when exercised without charter power, or for purposes not warranted, or the expenditure of corporate funds for purposes not authorized. It may be the courts would inter- fere where the corporation is endeavoring to squander corporate funds, in violation of its charter powers, where it will unnecessarily increase the burden of taxation; Hesing v Scott, 107 111., 604. 101. 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 corporation expenditures in^ any one year any thing over and above the amount provided for in tlie 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 tiie general 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 contained shall 8f) Of Finance. })rovent tlie city council or }x)anl <;f trustees from orciering, by a two- thirds vote, any improvement, the necessity of wliicli is caused by any casualty or accident happening after such annual ap])ropriation is made. The city council or board of trustees may, by a like vote, order the mayor or pi-esident of the boai’d of trustees and finance coirimittee to borrow a sutHcient amount to ]>rovide for the expense necessary to be incurred in making any ini])rovements, the necessity of which has arisen, as is last above mentioned, for a space of time not exceeding the close of the next fiscal year — which sum, and the interest, shall be added to the amount authorized to be raised in the next general tax levy, and embraced therein. Should any judgment be obtained against the corporation, the mayor, or president of the board of trustees and finance committee, under the sanction of the city council oi* 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. 1. Mandamus will issue to compel a municipal corporation to pay a judgment ren- dered against it, there being no other adequate remedy, as an execution can not be levied on the property of such coiq)oratiou; Olney c. Harvey, 50 ill., 453; Chicago v. llasley, 25 111., 595. 2. A written demand, by a creditor, for the payment of a judgment against a city and a neglect to pay, are sufficient to authorize a fnandamus reejuiring the city coun- cil to levy a tax for the payment thereof; Cairo v. Everett. 107 ill.. 77. 8. Mandamus will not issue to compel a city to levy and collect a tax beyond the limit assigned in its charter for the purpose of paying a judgment recovered against it; nevertheless, a city will be compelled to use such available means as are at its dis- posal, under the taxing power; People v. Cairo, 50 111., 154. 102. Contracting liabilities limited.] § 4. No contract shall Ije hereafter made by the city council or board of trustees, or any com- mittee or member thereof ; and no expense shall be incurred by any of the officers or departments of the corporation, whether the object of the expenditure shall have been ordered by the city council or board of trustees or not, unless an appropriation shall have been previously made concerning such expense, except as herein otherwise expressly provided. 1, The criminal code (§ 208), provides that “Every person holding any public office (whether state, county or municipal), trust or employment who .shall be guilty of any palpable omission of duty, or who shall be guilty of diverting any ])ublic money from the use or purpose for which it may have been appropriated or set apart by or under authority of law, or who shall be guilty of contracting, directly or indi- rectly, for the expenditure of a greater sum or amount of money than may have been, at the time of making the contracts, appropriated or set apart by law, or authorized by law to be contracted for or expended upon the subject matter of the contracts, or who shall be guilty of willful and corrupt oppression, malfeasance or partiality, where no special provision shall have been made for the punishment thereof, shall be fined not exceeding ten thousand dollars, and may be removed from his office, trust or employment.” 2. A resident and tax payer of a municipal corporation has such an interest in its affairs as to entitle him to an injunction to prevent the incurring of indebtedness in excess of that allowed by the constitution and laws; Wright v. Bishop, 88 111., 302; Springfield v. Edwards, 84 111., 626. 103. Duties of treasurer.] § 5. The treasurer shall receive all moneys belonging to the corporation, and shall keep his books and accounts in such manner as may be prescribed by ordinance, and such Of Finance. 87 books aiul accounts shall, always, be subject to the inspection of any member of liie city council or board of trustees. 1. He is the custodian of all school funds, from whatever source derived, in a city having over 100,000 inhabitants; Peo])le Roche, 124 111., 10. 2. He is not liable to g-arnishment as to any money hold by him virtute officii; Smith V. Woolsey, 22 App., 18o. 3. If school trustees are entitled to a proportion of a city’s receipts for dram shop licenses the city is the trustee, to be sued for the recovery — not the treasurer; E. St. L. V. Launtz, 20 App., 644. 104. Separate accounts.) ^ 6 . He shall keep a separate account of each fund or appropriation, :ind tlie debts and credits belonging thereto. 105. Receipts.] § 7. He shall give every person paying money in to the treasuiy a receipt therefor, specifying the date of payment, and upon what account paid ; and lie shall also file copies of such receipts with the clerk, at the date of his monthly reports. 106. Monthly statements — warrants — vouchers — register.] § 8. The treasurer shall, at the end of each and every month, and oftener if required, render an account to the city council or board of trustees, or such officer as may be designated by ordinance (under oath), showing the state of the treasury at tiie date of said' account, and the balance of money in the treasury. He shall, also, accompany such accounts witli a statement of all moneys received in to the treasury, and on what account, together with all warrants redeemed and paid by him ; which said warrant, wdth any and all vouchers held by him, shall be delivered to the clerk, and filed with his said account in the clerk’s office, upon every day of such settlement. He shall return all warrants paid by him stamped or marked “ 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 wdiom and wdien paid. 1. A city may maintain an action on the bond of its treasurer, for the use of one injured, for a refusal to pay warrants drawn on a particular fund, in his custody; E. St. L. V. Flannigan, 26 App., 449. 2. Suit on bond conditioned that he shall pay out money in his hand as directed by the city council ; plea that the council never directed a payment, non payment of which is assigned for breach; demurrer is properly overruled; E. St. L. r. Launtz, 20 App., 644. 107. Deposit of funds — separate from his.] § 9. The treasurer may be required to keep all moneys in his hands, belonging to the cor- poration, in such place or places of deposit as may be designated by ordinance : Provided, however, no such ordinance shall be passed by which the custody of such money shall be taken from the treasurer and deposited elsewhere than in some regularly organized bank tior without a bond to be taken from such bank, in such penal sum and with such security as the city council or board of trustees shall direct and approve, sufficient to save the corporation from any loss ; but such penal sum shall not be less than the estimated recei))ts for the current year from taxes and special assessments levied, or to be levied by the corporation. The treasurer shall keep all moneys belonging to the corporation in his hands separate and distinct from his own moneys, and he is, hereby, ex- pressly prohibited from using, eitluu’ directly or indirectly, the corpora- tion money or warrants in his custody and keeping, for his own use and benefit, or that of any other person or persons whomsoever; and any 8S Of 1^’hVANCF. violation of tins provision sliall subject him to immediate removal from ollice by the city council or board of trustee, who ai’e hereby autho- rized to declare said oflice vacant ; and in which case his successor shall be aj)])ointed, who sliall hold his oflice for the remainder of the term unexpired of such oflicer so removed. 1. Th(' CTiminal code provides as follows : “^80. If any state, county, township, cily, town, village, or other officer elected or appointed under the constitution or laws of this state, or any clerk, agent, servant or emiiloye of any such officer, em- l)('//l('s or fraudulently converts to his own use, or fraudulentb'" fakes or secretes with intent so to do, any money, bonds, mortgages, cou])ons, bank bills, notes, war- rants, or(h*rs, funds or securiti(‘s, books of record, or of accounts, or other property Ixdonging to, or in the possession of the state or such county, towmship, city, town or village. urpose, or if the said rates shall remain unpaid after that day, it shall be unlawful for any corporation, com- pany or association so in default to transact any business of insurance in any such city or village, until the said requisitions shall have been fully complied with; but, this provision shall not relieve any companv from the payment of any risk that may be taken in violation hereof. Any person or persons violating any of the provisions of this section shall be subject to indictment, and upon conviction thereof, in any court of* competent jurisdiction, shall be lined in any sum not exceed- ing $1,000, or imprisoned not exceeding six months, or both, in the discretion of the court. Said rates may also he recovered of such cor- poration, company or association, or its agent, by action in the name and for the use of any such city or village, as for money had and re- ceived for its use : Provided, that this section shall only apply to such cities and villages as have an organized lire department, or maintain some organization for the prevention of fires. Of 'I’liF Assfssmfn'i’ and Cou.K(rri(jN of ^IAxes. Airi’ICLK VIII. Of TIIF AsSKSSMFN'r and CoMiKCTION OF ^J’axes. Skction. 122. OrdiiiJiiice — hn-yin^ tax — limitation. 12:}. 'I'axes, how assossed and collected. 124. Rat«i of taxation. 125. Manmn- of colh?cting'. 12<). 'I’ime of paying over. 127. Proportion of tax collectible Sk(;tion. 128. Drawback — amount city etc. may receive. 129. When tax levied for particular pur- pose. 180. Uniformity. 122. Ordinance — levying tax — limitation.] Sec. 1 . The city coun- cil in cities, and boards of trustees in villages, may levy and collect ta.xes for cor[)orate ])urposes in the manner following: Tlie city coun- cil, or boards of trustees, as the case may lie, shall annually, on or be- fore the third (3d) Tuesday in September, in each year, ascertain the total amount of a])propriations for all corporate purposes legally made and to be collected fi’om the tax levy of that fiscal year ; and, by an ordimnice, specifying in detail the purposes for which such appropria- tions ai’e made, and the sum or amount appropriated for each purpose, respectively, levy the amount so ascertained upon all the property sub- ject to taxation within the city or village, as the same is assessed and equalized for state and county purposes for the current j^ear. A certi- fied copy of such oi'dinance shall be filed with the county clerk of the pi’oper county, whose dutv 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 pui’poses, will produce a net amount not less than the amount so directed to be levied ; and it shall be the duty of the county clerk to extend such tax in a separate column upon the book oi’ books of the collector or collectors of state and county taxes, within such city or village, and where the corporate limits of any city or village shall lie partly in two or more counties, the city council or board of trustees shall ascertain the total amount of all taxable property lying within the corporate limits of said city or village in each county, as the same is assessed and equalized for state and county ]iurposes for the current year, and certify the amount of taxable property in each county within said city or village, under the seal of said city or village, to the county clerk of the county where the seat of government of such citv or village is situate, whose duty it shall be to ascertain the rate per cent, which upon total valuation of all property subject to taxation within the city or village, ascertained as aforesaid, will pi’oduce 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, certif}’, under his hand and seal of office, to the county clerk of any other county wherein a portion of said city or village is situate, such late j^er cent.; atid 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 collector or collectors of tlie state and county taxes for such county against all property in his county within the limits of said city or vil- Of the Assessment and Coij.ection of Taxes. 93 . lage ; ])rovi(Ied llie aggregate amount of taxes levied for any one year exclusive of the amount levied for the ])ayment of bonded indebtedness or interest thereon, shall not exceed the rate of two (2) per centum upon the aggregate valuation of all property within such city or village, subject to taxation therein, as the same was equalized for state and county taxes for the preceding year- [As amended June 18, 1891. L., 1891, p. 83. 1. See § 4 of this article, infra; as to a levy for a particular purpose. 2. See Additional Laws — Revenue, § 122. 3. See art. 7, § 2, ante; as to the appropriation ordinance. 4. There is no limitation on the legislative ]>ower to invest cities and villages with authority to tax for corporate purposes, except that such taxes imposed shall be uni- form as to persons and propei'ty within the corporate limits. A statute, giving the power to levy such taxes, which in terms, neither requires nor dispenses with such * '■•'^^f^nity is not invalid. It is enough that the ordinance passed under it conforms t(^HI^|P^,^tutional requirement; Braun v. Chicago, 110 111., 190. 0. Taxes, dhder the constitution, must be uniform in respect to persons and prop- erty within the jurisdiction imposing them (see § 5 of this article); Updike r. Wright, 81 111., 49. 6. The charter of Chicago, in force in 1863, required the object of the tax imposed to be specified; it was held that an ordinance imposing a tax of one mill for “ perma- nent improvements” w^as sufficiently specific; Clayton v. Chicago, 44 111., 280. 7. A “ corporate purpose ” is a purpose necessary or proper to carry into effect the object of the creation of the corporate body; People i\ Trust etc., 78 111., 136. 8. To provide a site for a state institution is not such a corporate purpose as would authorize the imposition of an onerous tax on a municipality to pay the expense; Livingston Co. v. Weider, 64 111., 427. 9. It is not necessary to publish the ordinance levying the city taxes — but, only the ordinances making appropriations of money. The ordinance for the levy of the necessary taxes pre-supposes antecedent appropriations and merely makes a levy to raise money to pay the appropriations already made. The total amount of appro})ria- tions, lawfully made, is required to be ascertained prior to the passage of the ordi- nance. The ordinance takes effect from its passage — without publication or post- ing; Mix V. People, 106 111., 428. 10. In proceeding to levy taxes, on the assessment for state and county purposes, it is necessary that the amounts levied or to be raised shall be certified to the county clerk, in order that the taxes for the city may be extended and collected in the man- ner prescribed by the general revenue law of the state. When this is done it shows, conclusively, the election of th.e city authorities to proceed, in the assessment, ex- tending and collection of these taxes in conformity with this article and section 122 of the revenue law (see Additional Laws — Revenue); Mix v. People, 106 111., 428. 11. The legislature has no ])ower to exempt a city from the payment of state taxes; People V. Lippiucott, 65 111., 548; People v. Barger, 62 111., 452. 12. Property, in its broadest and most comprehensive sense, includes all rights and interests in real and personal pi-operty, and, also, in easements, franchises and incor- poreal hereditaments; Metrop. C. Ry. Co. v. C. W. Div. Ry. Co., 87 111., 317. 13. “Property”, embraces money, debts and choses in action of every kind, as well as things that are visible and tangible; Stahl v. Webster, 11 111., 511. 14. “Personal property ”, includes notes and money, as well as goods and chattels; Brownell v. Dixon, 37 111., 197. 15. A power to assess and collect a tax on all personal estate includes the power to tax money loaned; Trustees etc. r. M’Connell, 12 111., 138. Such power extends to money loaned in this state, owned by non residents; if controlled or used by a resident agent, though such agent’s domicile may be in some other state; Board etc. i?. Davenport, 40 ill., 197. 16. Under a city charter granting power to collect taxes for city purposes on all property, real and personal, within its limits, the personal pro]>erty of non residents — the actual situs of which is within the territorial jurisdiction of the city — is sub- ject to taxation for corporate purposes of said city; Dunleith d. Reynolds, 53 111., 45. 17. All fixed and permanent buildings and improvements upon land are a part of that land. Authority to levy and collect taxes on all real estate within a town ren- ders it necessary to estimate the whole value of the lot and buildings in assessing the value of a town lot; Fitch v. Pinckard, 4 Scam., 69. !)4 Of thk Assessment and Collection of 'J'axes. 18. Wli(‘rc taxes are levied to pay interest on corporate bonds, it is no valid objec- tion, to such tax, that the interest is not yet dm;, especially when, if the levy were deferred to the following year, they could not be collected in time to meet the inter- <;st when due; Decker v. Hughes, 08 111., 33. An tict in regard to tlie assessment and collection of municipal taxes. [Approved May 23, 1877. In force July 1, 1877. L. 1877, p. 61. 123 . Taxes, how assessed and collected.] Sec. 1 . All cities, villages, and incorporated towns, in this state, whether organized under the general law or special cliarters, shall assess and collect their taxes in the manner provided for in article eight (8) of the act entitled ‘‘ An act to provide foi’ the incorporation of cities and villages”, approved April 10, 1872, and in tlie manner provided for in the general revenue laws of this state; and all acts, or parts of acts inconsistent with the provisions of this act, are herehy repealed. An act in relation to the rate of taxation in cities, villages and in- corporated towns. [Approved and in force May 30, 1881. L. 1881, p. 60. 124. Rate of taxation.] Sec. 1 . All cities, villages and incorpo- rated towns in this state not now having, hy their respective charters, the power to levy and collect as high a rate of taxation as is herein authorized and provided for, shall hereafter have power to assess, levy and collect annually upon the taxable property within their respective limits, for all corporate purposes, in addition to all taxes which any such city, town or village may now or hereafter be authorized by law to levy and collect to support and maintain schools, erect school build- ings and for all other school purposes, and to pay interest on its regis- tered bonded indebtedness, such an amount as their respective corpo- rate authorities may prescribe, not exceeding in any year the rate of one per cent, of the assessed valuation of such taxable property as equal- ized by the state board of equalization for the preceding year. And the said rate, authorized by this act, shall be in lieu of all rates and items of taxation now provided and authorized in such charters for all purposes other than for schools, the erection of school buildings, and all other school purposes, and for paying interest on the registered bonded indebtedness of such city, town or village. 125. Manner of collecting.] § 2. The tax so assessed shall be col- lected 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. 1. The legislature is empowered to select the agents who shall impose and collect a tax, for corporate purposes, when such tax has been voluntarily levied by the cor- porate authorities or the citizens; Decker t. Hughes, 68 111., 33. 126. 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 col- lection thereof, all such taxes as he shall then have collected, till the whole tax collected shall be paid over. 1. See Additional Laws — Revenue, §§ 138, 164-7, 243-4. Of the Assessment and Collection of Taxes. 95 . An act to prohibit any city, town or village in the state from re- ceiving from the county treasurer a greater proportion of the sur- plus fund or tax, than shall be received by any other city, town or village within the-same county. [Approved May 4, 1877. In force July 1, 1877. L. 1877, p. 55. 127. Proportion of tax.J Sec. 1 . No city, town or village within any county in this state, shall be entitled to or shall receive from the county treasury of such comity any greater proportion of surplus of all taxes which may be collected for county purposes, than any other city, town or village within the county. 128. Drawback — amount city etc. may receive.] § 2 . Nor shall any such city, town or village be entitled to or I'eceive from the county treasury any greater drawback of its proportion of the taxes paid in to the county treasury, by reason of any appropriation by the county board, out of the county treasury for the making and repairing o^ roads and higiiways, the building and repairing of bridges in such county, without any such city, town or village within such county, than is now allowed by law to all other cities, towns or villages within the same county. Any acts, or parts of acts, conflicting with this act, are hereby repealed. 129. When tax levied for particular purpose.] § 4. Whenever any city or village is required to levy a tax for the payment of any particular debt, appropriation or liability of the same, the tax for such purpose shall be included in the total amount assessed by the city council or board of trustees, and certified to the county clerk as afore- said ; 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, appropriation or liability ; and the city or village treasurer shall set apart such proportion of the tax collected and paid to him for the pay- ment of such particular debt, appropriation or liability, and shall not disburse the same for any other pm-pose until such debt, appropriation or liability shall have been discharged. 130. Uniformity.] § 5. All taxes, levied or assessed by any city or village, except special assessments for local improvements, shall be uni- form 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. 1. The principles of equality and uniformity are indispensable to all legal taxation; St. John E. St. L.. 50 111., 92; C. & W. Ry. Co. v. Boone Co., 44 111., 240; Bureau ('o. V. C., B. & Q. RR. Co., 44 111., 229; Chicago v. Baer, 41 111., 306; Ottawa v. Spencer, 40 111., 211; People i\ Bradley, 39 111., 130; Chicago v. Lamed, 34 111., 203. 2. To secure uniformity two things are essential; (1) the assessment must be just *and equal, in proportion to the value of the property liable to assessment; (2) when thus assessed the rate shall be uniform to every person and on every species of pro- perty returned by the assessor; Sherlock v. Winnetka, 68 111., 530. 3. Under the constitutional provision (art. 9, § 9), requiring that taxes shall be uniform, the proportion the assessment bears to the actual value must be uniform on every species of property, whether owned by natural persons or corporations; C. & A. RR. Co. V. Livingston Co., 68 111., 458. % 81 ’ecial Assessments for Local Lmj'kovements. 4. An omission from taxation of any spc(nes of real or p(!rsonaI property in a city which is, in t( 0 -ins or by implication, authorized by a statute, so as to destroy the uniformity in resp<;ct to [)ersons and jjroperty vvithhi the jurisdiction of the city is void. A negl(!ct, however, of the assessors to list any particular property will not vitiat(! the ass(^ssin(mt; but will remhu’ the ollicer amenable to the law, for miscon- duct in otiice; Dunham i\ Chicago, 55 111., 357. 5. A charter authorizing a tax to be levied in a particular district in a city, is in violation of the constitution; l^rimm v. Belleville, 59 111., 142. ARTICLE IX. Special Assessments for Local Improvements. Section. 131. Powers conferred. 182. Ordinance for improvement. 188. Wlien ])roperty isAaken or damaged. 134. Petition. 185. Form of petition. 18(). Summons — ])ublication — notice. 187. Hearing — jury. 188. Jury to ascertain compensation — admitting new parties. 189. Viewing premises — ownership etc. 140. Judgment — new parties — further proceedings. 141. Powers of court. 142. Ownership — further powers of court. 148. Persons under disability. 144. J udgment — effect — appeal. 145. Order for possession. 146. When improvement made by general tax. 147. Special taxation — assessment. 148. Special assessment, how made. 149. Ordinance for — sidewalks — owners’ rights. 150. Estimate of cost. 151. Order for proceeding in court. 152. Petition to court. 158. Appointment of commissioners — oath. 154. Duty of commissioners. 155. Section re]>ealed. 156. Assessment roll — return. 157. Notice — by mail, posting and publi- cation. 158. Proof of notice. 159. rontinuance, when notice is not in time. 160. Objections — judgment by default. 161. Hearing — jury. 162. Precedence. 163. Court may modify etc. the assess- ment. 164. Judgment several — appeal — lien. 165. Judgment certiOed to city clerk — filing — warrant. Section. 166. Form of warrant. 167. Collector’s notice — form of. 168. Maniuin- of collecting — entry of pay- ment. 169. Report of delinquent list to county collector — evidence — defense. 170. Application for judgment — what law governs. 171. Return of sales — redemption. 172. Penalty when lands are sold for tax etc . 178. Paying over — compensation of col- lector. 174. General revenue laws apply. 175. City or village may buy at tax sale. 176. When assessment set aside — new assessment. 177. Supplemental assessments. 178. New assessment against delinquents. 179. Contracts payable from assessments. 180. Contracts, how let — approval. 181. Lien of special asse.ssment. 182. Collection by suit. 183. Supplemental petition to assess bene- fits in condemnation proceeding. 184. Adoption of this article. 185. Special assessment divisible into in- stalments. 186. May be paid before maturity. 187. Ordinan e — when by instalment. 188. Assessment roll — what to contain. 189. Notice — what to contain. 190. Order of confirmation. 191. Warrant for collection. 192. Procedure for judgment. 198. Payment for improvement done. 194. Acceptance of voucher — effect. 195. Surplus collected — refunded. 196. Special assessment — advances. 197. When collected by instalment. 197a. Assessments divisible into instal- ments. 197b. Bonds issuable — when. 197c. Definition clause. 197d. Assessment payable in bond. Special Assessments for Local Improvements. 97 131 . Powers conferred.] Sec. 1. Tliat the corporate authorities of cities and villages are liereby vested with power to make local improvx‘- ment by special assessment, or by special taxation, or l)oth, of con- tiguous property, or general taxation, or otherwise, as they shall by ordinance prescribe. 1 . The language of this section is substantially that of the constitution (art. 9, § 9). It is not regarded as more broad either in effect or meaning; Falch v. People, 99 111., 137. 2. This is a valid (mactment — not unconstitutional; White r. People, 94 111., 604. 3. The object of sections 1 and 17 is to provide two modes for making local im- provements in cities and villages — by special assessment and by special taxation of contiguous property — to be determined by ordinance; Enos v. Springfield, 113 111., 70. 4. Special taxation, as spoken of in the constitution, is based on the supposed benefit to the contiguous property. It differs from a special assessment, only, in the mode of ascertaining the benefits. In special taxation the imposition of the tax is. per se, a determination that the benefits to contiguous property will be as great as the burden imposed- while in the case of special assessments the property to be benefited must be ascertained, by careful investigation, and the burden must be dis- tributed according to a carefully ascertained proportion in which each part thereof will be beneficially affected; Craw r. Tolono, 96 111 , 255. 5. A local improvement in city or village may be by special taxation on contiguous property; Enos x. Springfield, 113 111., 70. 6. The power of special taxation of contiguous property, for local improvements oy a city, is given unqualifiedly and independently of an equivalent benefit to the property taxed; Calesburg v. Searles, 114 111., 218. 7. Notwithstanding the apparent limitation on the power of corporate authorities to make local improvements by special assessment or by special Taxation of contiguous property, only, in this section, the whole article is broad enough to authorize the levy of special assessments on property specially benefited, without regard to its contiguity; Guild v. Chicago, 82 111., 472. 8. The constitution (art. 9, ^ 9) gives the general assembly express authority to invest the corporate authorities of cities, towns and villages with power to make local im- ])rovements by special assessments, or by special taxation of contiguous property, or otherwise; People?) Sherman, 83 111., 165. 9. A special assessment is different from a tax; Gage v. Waterman, 121 111., 116. 10. The popular understanding of the word “ assessment ” is to be observed in read- ing this statute. That understanding refers it, specifically to those charges made on real property, to defray the expense of local improvements, in proportion to the benefit received; Stephaui r. Cath. \sh., 2 App., 249. 11. An assessment on property specially benefited by an improvement proposed is not a personal charge, but is only against the property; the public is not assessed; Owners etc. x. Peo])le, 113 111., 304. 12. A special assessment is a charge imposed on real estate for a special ])urpose — not for a general or public object. It is not a charge on an estate which reduces its value; Peoria x. Kidder, 26 111., 357; Trustees x. Chicago, 12 111., 403. 13. Assessments for improvements are not a charge on an estate in reduction of its value; they are distinguishable from taxes. An exemption from taxation is not an exemption of the exempt property from assessment for local improvements — on streets or alleys --adjacent thereto; Can. Trust, x, Chicago, 12 111., 403; Ottawa v. Trustees etc.. 20 111., 423; Scammon v. Chicago, 42 111., 192. 14. Local improvements in municipalities may be made from the general fund, by special taxation or by special assessment; People x. Hyde Park, 117 111., 464. 15. Municipalities may provide to raise the cost of a local improvement by general and special taxation — each one-half; or by special taxation on property benefited, the balance by general taxation. Sterling x. Galt, 117 111., 15. 16 Courts liiave no power to interfere with the exercise of the discretion vested to determine the manner of making a local improvement; Fagan x. Chicago, 84 111., 227. 17. Local improvements may be made wholly or in part by special assessment — as the corporate authorities may, by ordinance, prescribe; People o. Sherman, 83 111.. 165. 13 Special Assessments for Local Improvements. i)8 18. Soctions 1 and 2 of this statute vest tlio sole and conclusive power in city councils. I)y ordinance, to determine the public’s slnirc; of cost of local improvement* Watson /). (’)iica^ro, 115 111., 79. 19. 9'h(! ^rj-ant of power herein mu.st be strictly pursued when called into exercise. There is no i)owor to accomplish the same purpose by a general tax; Webster v People, 98 111., 845. 20. The constitutional limitation on the exercise of the j)ower of eminent domain has no application to special taxation of contiguous property for the construction of some improveimmt by cities and villages; People ». Stuart, 97 111., 123; White •«. i’(^ople. 94 111., G04. 21. The common council of Chicago, has no authority to levy tax or assessment for the collection of money to pay for improvements voluntarily and previously made without the order of council; Pease v. Chicago, 21 111., 50G. 22. To construct a street sewer, the cost payal>le half by general tax and half by special tax, to be levied on contiguous property in proportion to benefits, is to pro- ceed by special taxation — not by special assessment; Galesburg c. Searles, 114 111., 218. 132. Ordinance for improvement. J §2. When any sucli city or village shall, by ordinance, provide for the making of any local ini- proveinent, it shall, by the same ordinance, prescribe whether the same shall be made by sjiecial assessment or by special taxation of contiguons property, or general taxation, or both. 1. See notes to § 19 of this article, ^ 149 , post. 2. Improvement by special taxation; the co.st may be by general and special taxa- tion — each one-half; or by taxation on contiguous projjerty to the extent benefited, the balance to be paid by general taxation; Sterling v. Galt, 117 III., 15. 3. Ordinance for construction of a street sewer, the cost payable half by general tax and half by special tax, to be levied on contiguous property in proportion to benefits; this is a proceeding by special taxation — not by special assessment; Gales- burg f. Searles, 114 111., 218. 4. Improvement by special taxation; the authorities may cast the entire cost on contiguous property to be benefited; Sterling Galt, 117 III., 15. 5. Ordinance for a local improvement by special taxation, in whole or part, mu.st state or give the data by which the sum to be raised can be fixed; when the snin is so fixed it is conclusive on the property owner; Sterling v. Galt, 117 111., 15. G. The mode, manner and extent of the improvements to be made are to be pre- scribed by the common council. An ordinance delegating the power of determining to a board of public works, is void; Walker ■y. Chicago, 62 111., 286; Workman v. Chicago, 61 ill., 463; Bryan v. Chicago, 60 111., 507; Wright v. Cliicago, 60 111., 312; ^I’Donnell y. Chicago, 60 111.. 350; Moore v. Chicago, 60 111., 243; Andrews y. Chi- cago, 57 111., 239; L. S. & M. S. RR. Co. y. Chicago, 56 Hh, 454; Jeuks y. Chicago, 56 111., 397; Bowen y. Chicago, 56 111., 354; Foss y. Chicago, 56 111., 354. 7. Special taxation adopted to improve; the costs may be assessed on abutting lots in proportion to the frontage on streets; Enos y. Springfield, 113 111., 71, 8. Ordinance to improve street or sidewalk by special taxation on abutting real estate, in ])roportiom to frontage of lots, is valid; Springfield v. Green, 120 111., 272; Wilbur y. Springfield, 123 111,, 397. 9. Ordinance requiring lot owners to pay for improving “street or streets ” by which their lots are bounded is not so oppressive and unjust to owners of corner lots as to be void; Springfield y. Green, 120 111,, 272. 10. To assess the cost of a street improvement on lots abutting on the same does not authorize the extension of the assessment of such a lot upon an adjoining lot of the same owner which is not bounded by the street; Springfield y. Green, 120 111., 272; Wilbur y. Springfield, 123 111., 397. 11. Ordinance to improve certain streets by special taxation according to street f mntage of lots applies only to lots or parts of lots bounded by the street lines — not to inside lots not abutting on the streets; Wilbur y. Springfield, 123 III., 397. 12. An ordinance is not invalid for the reason that it requires contiguous property only to be assessed; Lake y. Decatur, 91 111., 596. 13. Ordinance void as to the paving of alleys does not render it void as to the levy of special tax to improve streets named therein; \Vilbur y. Springfield, 123 111., 397. Special Assessments for Local Improvements. 91 ) 133- When property is taken etc.] § 3. Slioiild said ordinance ])rovide for improvements which require tlie takini^ or damaging of property, the proceeding for making just compensation therefor shall be as follows : 1. This and the following section (4) provide — by condemnation — the only mode of ac(}uiring real estate by villages for bnildings for drainage purposes; Hyde Park r. Spencer, 118 111., 449. 2. Condemnation of private property for public use, by a munici])al corporation, can only be had for purposes specifically named in the law and within the proper scope and meaning of the delegated authority; E. St. L. v. St. John, 47 111., 463. 3. An ordinance for paving and curbing by special taxation is not required to be j)ublished; Enos v. Springfield, 113 111., 73. 4. Ordinance to improve street or sidewalk by special taxation on abutting real es- tate, in proportion to frontage of lots, is valid; Springfield v. Green, 120 111., 272; Wilbur V. Springfield, 123 111., 397. 0. Ordinance to improve certain streets by special taxation according to street frontage of lots applies only to lots or parts of lots bounded by the street lines — not to inside lots not abutting on such streets; Wilbur 'v. Springfield, 123 111., 397. 6. To assess the cost of a street improvement on lots abutting on the same does not authorize the extension of the assessment of such a lot upon an adjoining lot of the same owner which is not bounded by the street; Springfield r. Green, 120 111., 272. 134 . Petition.] § 4. Whenever any shicli ordinance shal be passed, by the leirislative authority of any such city or village, for the making of any improvement mentioned in the first section of this act, or any other local improvement that such city or village is authorized to make, tlie making of which will require that private property be taken or damaged for public use, such city or village shall file a petition in some court of record of the county in wliich such city is situated, in the name of the city, praying that ’‘the just compensation to be made for private property to be taken or damaged for the improvement or pur- pose specified in such ordinance shall be ascertained by a jury”. 1. See Constitutional Provisions, art. 2, ^ 13, and notes, ante p. 1. 2. Without an enabling ordinance no street can be opened nor property condemned; People V. Hyde Park, 117 111., 464. 3. City passing an ordinance and taking proceedings to condemn for a street, and obtaining license to sewer can not assert that the land was dedicated; Chicago v. Hill, 124 111., 648. 4. The word “ property” as used in the constitution, in respect of the exercise of the power of eminent domain, signifies that dominion or indefinite right of user and disposition which one may, lawfully, exercise over particular things or objects and, generally, to the exclusion of all others. Beyond doubt this is, substantially, the sense in which the word is used in the constitution (art. 2, ^ 13, ante), as to the taking or damaging of private property for the public use; Biguey v. Chicago, 102 111., 71. 5. The constitution of 1870 affords redress, in the words “ or damaged”, in cases not provided for by the constitution of 1848. It embraces every case where there is a direct physical obstruction, or injury, to the right of user or enjoyment of private property, by which the owner sustains some special pecuniary damage in excess of that sustained by the public generally which — by the common law — would,, in the absence of any constitutional or statutory provision, give a right of action; Rigney v. Chicago, 102 111., 71; disapproving expressions in Stetson v. Chi. & E. RR. Co., 75 111., 74, and Chi., M. & St. P. RR. Co. v. Hall, 90 111., 42, which may seem to restrict the remedy of owners of private property — as given by the constitution of 1870 — to ca^es where there is a direct physical injury to the property; Rigney v. Chicago, 102 111., 71. 135- Form of petition.] § 5. Such petition shall contain a copy of the said ordinance, certified by the clerk, under the corporate seal ; a ]()0 Special Assessments fou Local Improvements. reasonal)ly accui’atc' (lesei’iption of tl.(3 lots, parcels of land and proiiei’tv which will lx; taken oi- damaged, and the names of the owners and oc- cupants thereof, so far as known to the hoard or officer tiling the peti- tion; and wliere any known owners are non residents of the state, stat- ing the fact of such non residence. 136 . Summons — publication — notice.! § 0. Upon the filing of the petition aforesaid, a summons, which may be made retni’nal)le !ipon any day in term time, shall be issued and served upon the pei sons made parties defendant, as in cases in chancery. And, in case any of them are unknown, or reside out of this state, tlie clerk of the court, uj;on an affidavit being tiled showing such fact, shall cause publication to be made in some newspaper printed in his county, or, if there be no news- paper published in his county, then in some newspaper ])ublished in this state, containing notice of the pendency of such proceeding, the parties thereto, the title of the court, and the time and place of the re- turn of the summons in the case, and the nature of said ])roceeding ; such publication to be made for four weeks consecutively, at least once in each week, the first of which shall be at least thirty days before the return day of such summons. Notices so given, by publication, shall be sufficient to authorize the court to hear and determine the suit, as though all parties had been sued by their proper names and had been personally served. [As amended by act approved and in force March 30, 18T4. L. 1S73-4, p. 63. 137. Hearing' — jury.] § 7. LTpon the return of said summons, or as soon thereafter as the business of the court will permit, the said court shall proceed to the hearing of such petition, and shall impanel a jury to ascertain the just compensation to be paid to all of such owners and occupants aforesaid ; but, if any defendant or party in interest shall demand, or the court shall deem it proper, separate juries may be im- paneled as to the compensation or damages to be paid to any one or more of such defendants or parties in interest. [As amended by act approved and in force March 30, 1874. L. 1873-4, p. 63. 1. See Constitutional Provisions, art. 3, ^ 13, and notes: see, also, Additional Laws — Eminent Domain. 2. ('ounty court, at a probate term, bas no jurisdiction of a proceeding to assess the cost of improving- a street, under this statute. E. St. L. v. W'itticli, 108 111., 450. 3. No rule of practice authorizes a demurrer to objections to confirming an assess- ment for special taxation for a local improvement. If filed it is not treated as ad- mitting the truth of each objection; Enos -w, Siiringfield, 113 111., 74. 4. Special benefits are benefits which are over and above the general benefit, to the public at large; Mittel v. Chicago, 9 App., 534. 5. Local improvement to be made by special taxation of contiguous property; own- ers have no right to a jurv trial on the question of benefits; Springfield v. Green 120 111., 372. 6. Where the entire cost of a local public improvement is cast upon contiguous property it is conclusively presumed that there is an equality of benefit and burden; Sterling -D. Galt, 117 111., 15. 7. The cost of making an assessment for special taxation may properly be taxed on abutting lots; Enos w Springfield, 113 111., 73. 8. A proceeding by special taxation is not affected by a statute for ascertaining benefits in special assessment proceedings; Enos v. Springfield, 113 111., 71 9. If the jurors are unfairly selected, by the clerk, the party whose land is to be taken may properly challenge the array; Haslam v. Gal. & S. W. RR. Co., 64 111., 353. Special AssesSxMENTs for Local Improvements. 101 138. J ury to ascertain compensation — admitting new parties. ] § 8. SiK-li jury shall also ascertain the just compensation to be jiaid to any person claiming an interest in any lot, parcel of land or property which may be taken or damaged by such improvement, whether or not such person’s name, or sucli lot, parcel of land, or other property, is mentioned or di-scribed in such petition: Provided, such per- son shall first be admitted as a party defendant to said suit by such court, and shall file a statement of his interest in and description of the lot, parcel of land, or other property in respect to which he claims compensation. 1. lu case of improvement by special taxation a jury lias naught to do with the amount, by ordinance, assessed on contiguous property— herein it differs from special assessment; Sterling Galt, 117 111., 15. 2. Ordinance fora local improvement fixing the amount to be raised by special tax- ation; commissioners have but to assess property specially benefited to raise that sum according to the scheme adopted, as by the frontage or the value of the property; Sterling n Galt, 117 111., 15. 3. The value of the land, at the time of condemnation, is to be considered in as- sessing damages; Cook v- S. P. Comm., 61 111 , 115. 4. The true test of value is the market value; but, reference may be had — not merely to the uses to which the land is actually applied — to its capabilities; thus, a mine or a water power, though not yet utilized, may be considered, if it adds to its value; Haslam r. Gal- & S. W. RH. Co., 64 IlL, 353. 5. Benefits to be charged must arise from the 'improvement for which the land is taken; Webster v. Chicago, 61 111.. 143. 6. Where an owner’s property is condemned, for the opening of an alley, running east and west through a block, he should not be charged for benefits he might de- rive from widening an alley, running north and south, through the same block; Weckler i). Chicago, 61 111., 142. 7. The rule as to compensation for land taken or damaged and not taken, on con- demnation for a street, under the general incorporation act for cities etc. is the same as under the eminent domain law; Harwood v. Bloomington, 124 111., 49. 8 Damages to private property by reason of a street improvement; special bene- fits to the abutting owner — over the benefit to the general public — are to be consid- ered; Geneva v. Peterson, 21 App., 457. 9. The compensation — under constitution of 1870 — for property damaged, as well as that taken, when not made by the state, must be ascertained by a jury; Kine v. Danforth, 64 111., 291; People 'g. M’Roberts, 62 111., 38. 10. See, also, Additional Laws — Eminent Domain. 139. Viewing premises — ownership etc.] § 9. The court may, upon the motion of such city or village, or of any person claiming any such compensation, direct that said jury (under the charge of an officer of the court) shall view the premises which it is claimed by any party to said proceeding will be taken or damaged by said improvement and, in any case, where there is no satisfactory evidence given to the jury as to the ownership of, or as to the extent of the interest of any defen- dant in the property to be taken or damaged, the jury may return their verdict as to the compensation or damage to be paid for the property or part of ])roperty to be taken or damaged, and for tlie entire inter- ests therein. [As amended bv act approved and in force March 30, 1S7L L. 1874, p. 64. 1. The statute giving the right to have the jury go on the land sought to be con- demned or damaged, and examine the same, is imperative and fixes no time when it shall be allowed. It is error to refuse amotion to have the jury view the premises. 102 Special Assessments for Local ImprovemExNts. even after tliCM!vi(leiico 1ms been cl()S(*p., (ioO. 4. I’orporate authorities may levy special assessments for work already done, in good faith, by them, or under their direction, it. anticipation of such assessment; Ricketts v. Hyde Park, 85 111. 110. 151. Order for proceeding in court.] § 21 . On such report being made and approved by the council or board of trustees, as the case may be, it iriay order a petition to be filed, by such officer as it shall direct, in the county court of its county, for proceedings to assess the cost of such improvement in the manner provided in this act. 1. County court may, on petition, appoint commissioners to make a special assess- ment to improve a city street, at a probate term; Murphy v. Peoria, 119 111., 510. 2. Assessment for local improvement; the amount needed is to be ascertained by commissioners of the municipality, county court then appoints commissioners to ap- portion the gross amount between lots etc., and to determine what this gross amount shall be; Sterling v. Galt, 117 IlL, 15. 152. Petition to court.] § 22. The petition shall be in tlie name of the corporation, and shall recite the ordinance for the proposed im- provement and the report of such commission, and shall pray that the cost of such improvement may be assessed in the manner presenbed by law. 1. Petition to county court for assessment for a local public improvement not con- taining the recitals of the ordinance gives no authority to act; Ogden v Lake View, 121 111., 423. 2. The record not purporting to contain the whole petition for confirmation of judgment, it is presumed on review that the petition contained all necessary data to show strict compliance with the statute; Pearce v. Hyde Park, 126 III., 289. 153. Appointment of commissioners — oath.] § 23. Upon the filing of such petition the court shall appoint three competent persons as commissioners, who shall take and subscribe an oath, in substance as follows, to-wit : State op 1llino?s, ) ^ County, We, the undersigned, commissioners, appointed by the county court of county, to assess the cost of (here state in general terms the improvement), do solemnly swear (or affirm, as the case may be) that we will a true and impartial assessment* make of the cost of said improvement upon the city (or village) or and the property benefited by such improvement, to the best of our ability and according to law. 1. This statute is not in violation of section 9 of article 9 of the constitution be- cause it authorizes the appointment of commissioners, to assess benefits, by the county court. The corporate authorities having declared that a certain improvement shall be made, and having fixed its character and cost, the legislature has undoubted Special Assessments toil Local Improvkments. ]()7 authority to authorize the appointment of commissioiuirs to inaii^'-urate proceedings; J^ake V. Decatur, 91 111., 590. 2. That a commissioner to levy an assessment is an employe of an agent of owners of some of the property assessed in the ag(mt’s name is not a disciualilication, it not being claimed that the assessment is not fair, just and impartial; Pearce v. Hyde Park, 120 111., 289. 154. Duty of commissioners.] § 24. It shall be the duty of such commissioners to examine the locality wliere the improveinent is pro- posed to be made, and the lots, blocks, tracts and parcels of land that will be specially benefited thereby, and to estimate what proportion of the total cost of such improvement will be of benefit to the public and what proportion thereof will be of benefit to the property to be bene- fited, and apportion the same between the city or village and such pro- perty, so that each shall bear its relative equitable proportion; and hav- ing found said amounts to apportion and assess the amount so found to be of benefit to the property upon the several lots, blocks, tracts and parcels of land in the proportion in which they will be severally bene- fited by such improvement ; Provided, that no lot, block, tract or parcel of land shall be assessed a greater amount than it will be actually bene- fited ; And, provided, further, that it shall not be necessary for said commissioners to examine the locality except where the ordinance pro- vides for the opening, widening or improvement of streets and alleys. [As amended by act approved and in force March 30, 1874. L. 1873-4, p. 64. 1. This section relates, only, to the duties of commissioners appointed under sec- tion 23 (§ 153); it is not a limitation on corporate authorities, in respect of the mode by which local improvements shall be made — as that it shall be wholly by special assessment; Ricketts y. Hyde Park, 85 111., 110. 2. It is, clearly, within the power of the legislature to say who shall ascertain and determine the extent of the special benefits and assess them; Crawford v. People, 82 111., 557. 3. Special assessment for the improvement of a proposed street may be levied by cities and villages in advance of the condemnation of land therefor; Holmes y. Hyde Park, 121 111., 128. 4. Where special assessments are not made in proportion to the ratio of benefits and advantages resulting to the property on which they are levied, by the proposed improvement, as required by the law authorizing the same, they will be illegal and void; Bibel y. People, 07 111., 172. 5. Equality and uniformity of burdens and benefits in special assessments for pub- lic improvements of streets in cities and villages is not essential; Murphy v. People, 120 111., 236. 6. The rule of uniformity in respect to taxes is not strictly applicable to special assessments levied on contiguous i)roperty for the purpose of local public improve- ments. Semble; they should be made on the principle of the value of the property assessed in proportion to the benefits thereto; Hundley y. Comm’rs, 07 111., 559. 7. In making special assessment for local improvemeut the commissioners must de- termine the proportion of cost to be borne by the public and by the property owners; Sterling y. Galt, 117 111., 15. 8. A fair construction of this statute (art. 9) does not contemplate the exercise of the power to assess benefits on the property of the state or national government; Fagan y. Chicago, 84 111., 227; People y. U. S., 93 111., ;^0. 9. School property and lands held in trust for school purposes are exempt from special assessments; People y. Trustees, 118 111., 53. 10. The public property of the state, counties and munici])al corporations is liable to assessment for public taxes or special assessment for public improvements; Hig- gins y. Chicago, 18 111., 281. lOS Si'Et'iAL Assessments for Local Jmfuovements. 11. (“State of a inuni(;i|)al corporation is not (;xempt(*(l from its proper share of tin; l)iir(len of constructing [Uihlic. iniproveni(mts; Scainmon «. (’liicago, 42 IH., 192. 12. 'I'lie general language of tln^ statute- authorizing citi(;s etc to make improve- ments by special assessment, includes tluj [)ro[)erty of connti(;.s, cities (;tc., as well as private prop(*rty; .M’Lean Co. v. Bloomington, iOb 111., 2B1. 12. Kx(-‘mi)I ion from “all taxation of every kind” exc(;{)t as i)rovid(id by charter does not (“X(‘inpt from special a.s.sessment for local improvement; 1. C. KB. Co. v. De- catur, 12(1 111., 94. 14. A clause in a charter exempting the ])roperty of a corporation from special as- sessimmts for local im])rovements is void; C'hicago v. Bapt. Tlu;ol. Cn., llo 111., 249; Cniversity r. P(M>ple, 118 111., 5GG. 15. Railroad property, if specially benefited, is in no wise exempt from assessment for park or boulevard piirpos(!s; C. & X. W . By. Co. y. People, 120 111., 105. 1(1. -V street railway company, occupying a portion of a street with its tracks and in the use thereof has a ])roperty of a character to be substantially benefited by the j)aving of such street. In proportion as it is thus benefited, it should contribute its share to the cost of the improvement, in common with the other property on the street; Chicago y. Baer, 41 111., 306. 17. ('hurch ]n’operty may be assessed for special purposes, nevertheless its exemp- tion from ordinary taxes; Ottawa v. Trustees, 20 111., 423. 18. Special assessment for local im])rovenient can in no case exceed the benefits to the property assessed; the owner may have that question passed on by a jury; Ster- ling V. Galt, 117 111., 15. 155 . Section repealed.] § 25. Section repealed by act approved April 25, 1873. In force duly 1, 1873. L. 1873, p. 65. 156 . Assessment roll — return.] § 26. They sliall, also, make, or cause to be made, an assessment roll, in which sliall appear the names of the owners, so far as known, a description of each lot, block, tract, or parcel of land, and the amount assessed as special benefits thereto, and, in whicli they shall set down, as against the city or village, the amount they shall liave found as public benefit, and certify such assess- ment roll to the court by which they were appointed, at least ten days before the first day of the term at which a final hearing thereon shall be had. [As amended by act approved and in force March 30, 187-1-. L. 1873-4:, p. 64:. 1. Special assessments, in municipalities organized under this statute, in respect of the mode of giving notice, or making demand of payment thereof and the time at which judgment must be applied for, are governed by the provisions of this statute relating thereto. The provisions of the revenue act, so far as they differ from the same have no relation to such cases. The provisions of the two statutes are incon- sistent, each with the other; they can not be construed in pari materia, but each ap- plies to the class of special assessments to which it relates; Potwin v. Johnson, 108 111., 73. 2. There is no error in allowing amendments to be made in assessment rolls — as to mere clerical errors and omissions not affecting the rights or interests of a party; Lehmer y. People, 80 111., 601. 157. Notice — by mail, posting and publication.] § 27. It shall also be the duty of such commissioners to give notice of such assess- ment, and of the term of court at which a final hearing thereon will be had, in the following manner: Pirst — They shall send by mail to each owner of preiiiises assessed, whose name and place of residence is known to them, a notice, substao- tially in the following form : Special Assessments for Local Improvements. ]()|) Mr. , Your (here give a short description of the premises) is assessed $ , for ])ublic improvement . The assessment roll will be returned to the term of the court of county. (Here give date.) CommiHsioners . Second — They shall cause at least ten days’ notice to be given by posting notices in at least four public places in such city or village, two of which shall be in the neighborhood of such proposed improvement; and, when a daily newspaper is ])ublished in such city or village, by publishing the same at least five su(x*essive days in such daily news- paper, or if no daily newspaper is published in such city or village, and a weekly newspaper is published therein, then at least once in each week, for two successive weeks, in such weekly newspaper, or if no daily or weekly newspaper is published in such city or village, then, in a newspaper published in the county in which such city or village is situated. The notice may be substantially as follows : SPECIAL ASSESSMENT NOTICE. Notice is hereby given, to all persons interested, that the city council (or board of trustees as the case may be) of having ordered that (here insert the description and nature of the improvement), have applied to the court of county, for an assessment of the cost of said improvements, according to benefits; and an assessment thereof having been made and returned to said court, the final hearing thereon will be had at the term of said court commencing on the day of , A. D. 18 , All persons desiring may then and there appear and make their defense. (Here give date.) Commmioners. [As amended by act approved June 26, 1885. In force July 1, 1885. L. 1885, p. 62. 1. The statute requires notice to be sent by the commissioners, to the owners of lands; the affidavit required (^ 28), showing that such notice was sent, need not be set out in the notice-, Falch v. People, 8 App., 351. 2. Notice given of an application for the confirmation of a special assessment for opening and extending a street between two given points; there is no authority for making an assessment for opening or extending the street beyond, or outside of, the points named in the notice; Owen v. Chicago, 53 111., 95. 3. A notice to parties interested in property assessed, for local improvements, which conforms to the statute of incorporation and to the ordinance under it, will be suffi- cient, although it is general — to “ all persons interested ” — to attend and make their objections to the confirmation of the assessment; Ottawa v. Macy, 20 111., 413. 4. The “six days” publication of notice must be exclusive of Sunday; Jenks v. Chicago, 48 HI., 296; Scammon v. Chicago, 40 111., 146. 5. Presumed — in the absence of evidence — that commissioners making special assessments have performed their duty as to notice to property owners; Brown -y. Chicago, 117 111., 23. 158. Proof of notice.] § 28. On or before the final liearing, the affidavit of one or more of the commissioners shall be filed in said court, stating that they have sent, or caused to be sent, by mail, to the owners whose premises have been assessed, and whose name and place of business are known to them, the notice hereinbefore required to be no Special Assp:ssme\ts foii Local Improvements. Kent by mail to owners of ])remises assessed. They shall, also, cause to he liled the allidavit of the person who shall have posted the notices re(|uired by this act to be posted, setting forth when and in what man- ner the same were ])osted. Such alKdavits shall be received as pidma facie evidence of a compliance with this act in regard to giving such notices. They shall also file a certihcate of publication of said notice ill like manner as is required in other cases of publication of notices. [As amended by act approved April 25, 1873. In force July 1, 1873. i^. 1873— 1, p. GO. 1. Notice of application to confirm a special assessment must show mailing to each owner known by name and residence to any commissioner; affidavit of mailing to all owners known to one will not support judgment; Murphy v. Peoria, 119 111., 510. 2. In making assessments for improvements where the statute requires notice to be sent to the owners of lands by the commissioners, the affidavit, required by the statute, showing that such notice was sent, need not show the notice; Falch-w. People, 8 App,, 351. 3. The date of the first and last papers, containing the notice, should be given — or some thing stated, by which they can be ascertained; Brown v. Chicago, 62 111., 289; Smith v. Chicago, 57 111., 497; Kue i\ Chicago, 57 111., 435; Griffin Chicago, 57 111., 317; Andrews v. Chicago, 57 111., 239. 4. A certificate of publication which fails to state the date of the last paper con- taining the notice, or some thing equivalent thereto, is fatally defective; Beygeh V. Chicago, 65 111., 189; Brown v. Chicago, 62 111., 106; Hemingway v. Chicago, 62 111., 106; Rice v. Chicago, 60 111., 388; Rich v. Chicago, 59 111., 286; Allen v. Chicago, 57 111., 564; Butler t\ Chicago, 56 III, 341. 5. The certificate of the publisher of a newspaper, of the publication of a notice required, by law, to be published, after he has ceased to be publisher is not admissi- ble as evidence of the publication. After he ceases to be the publisher he can verify the fact of publication, only, by his testimony as a witness. Semble, it is competent to produce the several numbers of the papers containing the notice and prove, by any competent person, the publication thereof; ISmith v. C., A. & St. L. RR. Co., 67 III, 191. 6. Appearance and objection to the confirmation of a special assessment for local improvement by an owner assessed waives any and all objections to the notice of application; Murphy v. Peoria, 119 111., 510. 7. When x^arties interested appear and contest an application against their real estate, for special assessment, on the merits, it matters not whether the notice of the application is irregular, or whether or not there was any notice; People v. Sherman, 83 III, 165. 159 . Continuance when notice is not in time.] § 29. If ten days shall not have elapsed between the first publication or the putting up of such notices and the first day of the next term of such court, the hearing shall be continued until the next term of court. 1. In computing time, on application to confirm special assessments, the first day of publication is excluded; the first dav’ of the next term is included; Brown v. Chicago, 117 III, 23. 160 . Objections — judgment by default.] § 30. Any person interested in any real estate to be affected by such assessment may appear and file objections to such report, and, the court may make such order in regard to the time of filing such objectioiis as may be made in cases at law in regard to the time of filing pleas. As to all lots, blocks, tracts and parcels of land to the assessment of which objections are not filed within the time ordered by the court, default may be entered, and the assessment confirmed by the court. Special Assessments for Local Improvements. Ill 1. It is a settled rule that summary proceedings — as an application for judgment against lands or lots of ground on a special assessment roll — by which a man’s ]>roperty may be taken from him without his consent and where there is no personal process of service, must be strictly pursued and the proceeding must show this on its face. Thus, where application was made for a judgment against lands, on unpaid assessments for the grading, paving etc. of certain streets — in the city of Chicago — it was objected that the assessment roll did not show damages, as well as benefits, to tlu‘ ])roperty owners resulting from the proposed improvement. The objection was held to be fatal to the application; Chicago v. Wright, 32 111., 192. 2. One who has full op|)ortunity to be heard on every question of fact and law, who fails to show any defense against an assessment is not deprived of property without due process of law; Owners etc., v. People, 118 111., 314. 3. Where ample opportunity is afforded to make objection to an assessment, if a party — having notice — lies by and fails to make his objections, he must be held, in equitv, to have waived all irregularities; Jenks d. Chicago, 48 111., 29G; Ottawa v. Chi. & K. I. HR. Co., 25 111., 43. 4. Owners, specially assessed, who appear and file objections to confirmation waive any and all defects in the notice of application; Murphy v. Peoria, 119 111., 510. 5. Objection that an assessment was not made in conformity with the statute, or within the rule prescribed, should be made at the first opportunity; Jenks v. Chicago, 48 111., 296. 6. An objection that the proposed improvement is private and not public, must be made before the assessment is confirmed; where the party has notice of the applica- tion for confirmation; Lehmer v. People, 80 111., 601. 7. Proof of an ordinance authorizing a local improvement is essential to the con- firmation of a special assessment therefor; Lindsay v. Chicago, 115 111., 121. 8. On application to confirm an assessment, it was proper to exclude evidence that no notice of the application had been given, as required by charter, no such objection having been filed; Jerome v. Chicago, 62 111., 285. i6i. Hearing' — jury.J § 31. On the hearing, the report of the commissioners stiall be competent evidence, and either party may intro- duce such other evidence as may tend to establisli the right of the mat- ter. The hearing shall be conducted as in other cases at law, and if it shall appear that the premises of the objector are assessed more or less than they will be benefited, or more or less than their proportionate share of the cost of the improvement, the jury shall so find and, also, find the amount for which such premises ought to be assessed, and judgment shall be rendered accordingly. 1. The burden of proof rests on a city in a proceeding to assovss benefits, from the opening of a street, to show that the assessment is right. The report of the com- missioners, however, is prima facie evidence of this fact. The burden of proof — to show its incorrectness — is then shifted to the objectors, who must show, by a pre- ponderance of evidence, that one or more of the lots assessed was assessed more or less than its proportionate share of the cost of the improvement; Fagan v. Chicago, 84 111., 227. 2. It is the special province of a jury to fix a special assessment for improving a street; Jacks. Ry. Co. v. Jacksonville, fl4 111., 568. 2. Compensation must be ascertained by a jury, under the constitution of 1870, for property damaged as well as for that taken; People v. M’Roberts, 62 111., 38. 4. Local improvement to be made by special assessment; property owners assessed have a right to a jury trial on the question of benefits; Springfield «. Green, 129 III., 272. 5. In making local improvement by special assessment each lot owner has a right to sho^v an over assessment; Sterling v. Galt, 117 111., 15. 6. The statute does not contemplate a separate trial as to each objector; but, that all objections filed to the commi.ssioners’ report shall be tried as one case, by the same jury; Fagan v. Chicago, 84 111., 227. 7. On application for judgment, on delinquent assessments, that the property is exempt or not benefited or the ordinance under which it is made is invalid can not be urged; C. & N. W. RR. Co. v. People, 120 111., 105. 112 Special Assessments for Local Improvements. 8. On api)licatioii to confirm siH!ciaI assessments of ))enefits, the issue tf) l>e tried by the jury is wh(*llier the ol>jector is assessed more or h*ss than his j)iemis(;s will be IxmefiUal or more or h\ss tluiu his proportionate share of the cost of tlm impi'ovenu'nt. d’he jury is, also, to find the amount tin; premises should be assessed; Watscm Chicago, 115 111., 71); Fagan o. C'hicago, 84 111., 227. 1). On the trial of obj(^ctions to th(! confirmation of special assessments for extend- ing and opening a stre(>t it is immaterial what pro])ortion of the total cost will benefit the public; Fagan w. (Hiicago, 84 111., 227. 10. On a])plication to confirm an assessment of benefits from the construction of a sidewalk tlie iiujuiry is as to the pro])ortionate share of the whole amount asses.sed against ])roj)erty; Watson (’hicago, 115 111., 71). 11. There is no authority to confirm an assessment if the ordinance does not give a descri])tion of the nature, character and locality of the improviunent; Kankakee v. Potter, ill) 111., 320; with certainty; Hyde Park v. S])encer, 118 111., 441). 12. Judgment confirming an assessment for street improvement or(h*r(‘d under an invalid ordinance is unauthori/ed ; Jacks. I\y. Ck). v. Jacksonville, '114 111., 503. 13. Property, can only, l)e assessed for public improvements on the juinciple of benefits received by the property from the Cv)nstruction of the work. The asses sment should never exceed the benefits conferred. It is, therefore, essential that it shall appear, from the proceedings themselves, that such was the principle on which the assessment was made; Crawford People, 82 III., 557. 162. Precedence. 1 § 32. ^The lietiring in till cases arising under this act may be Inid at either a law or a ])robate term of stiid court, and shall have precedence over all other cases in such court, except criminal cases. 163. Court may modify etc. the assessment.] § 33 . The court before which any such proceeding may be pending, shall have authority, at any time before final adjournment [judgment], to modify, alter, change, annul or confirm any assessment returned, as aforesaid, or cause any such assessment to be recast by the same commisssioners whenever it shall be necessary for the attainment of justice, or may appoint other commissioners in the place of all or any of the commissioners first ap- pointed, for the purpose of making such assessment, or modifying, altering, changing or recasting the same, and may take all such pro- ceedings and make all such orders as may be necessary to make a true and just assessment of the cost of such improvement, according to the principles of this act, and may, from time to time, as may be necessary, continue the application for that purpose as to the whole or any part of the premises. 1. See Additional Laws — Eminent Domain, post. 2. The rule as to the comi)ensatioii for lauds taken or damaged for public use under this article is the same as under the law of eminent domain; Harwood v. Bloom- ington, 124 111., 49. 3. Amendments may he made on assessment rolls, where they are clerical and do not affect a party’s rights or interests; Lehmer v. People, 80 111., 601. 4. Proceedings to confirm a special assessment suspended — by order of a city — for two years; a bill to enjoin collection will be fatally defective if it fails to show that complainant had no notice of steps after one year for the prosecution of proceed- ings within the two years; Brown d. Chicago, 117 111. 23. 164 . Judgment several — appeal etc. — lien.] §34. Tlie judgment of the court shall have the effect of a several judgment as to each tract or parcel of land assessed, and any appeal from such judgment or writ of error shall not invalidate or delay the judgment, except as to the pro- Special Assessments for Local Improvements. 113 perty concerning which the appeal or writ of error is taken. Such judg- ment shall be a lien upon the property assessed, from the date thereof until payment shall be made. 1. This section lias no bearing whatever in a proceeding by special taxation; Enos V. Springfield, 113 111., 71. 2. A proceeding, by a city, to confirm an assessment of benefits on adjacent pro- perty, is but one indivisible suit, without reference to the number of the defendants. The trial is one as to all defendants, and only one judgment and execution are re- quired, although the j)roperty is to be sold separately. The declaration that the judgment shall be held to be several is intended, only, to control the mode of obtain- ing satisfaction, so that each lot shall be required to pay the sum assessed thereon; People V. Gary, 105 111., 334. 3. Judgment confirming special assessments is conclusive on the land owner; River- side Co. V. Howell, 113 111., 264; as to alt objections and defenses that might have been interposed; C. & N. W. Ry. Co. i\ People, 120 111., 105. 4. If such owners were in court on proper notice or by voluntary appearance; aliter if there is not such notice and no appearance and contest; Murphy t\ People, 120 111., 236. 5. The court, having jurisdiction of the matter and the person, a bill to enjoin collection will not raise them; Kedzie v. W. Chi. P. Comm’rs, 114 111., 284. 6. So as to the legality, validity or regularity of any prior proceeding on application for judgment of sale; Murphy y. People, 120 111.. 236. 7. Assessments for benefits, for local improvements, can not be enforced by fines or penalties imposed by ordinance; Gridley v. Bloomington, 88 111., 554. 8. On the condemnation of land to a public use the municipal olficers are not au- thorized to accept a deed of the land condemned. Therefore, the acceptance of such a deed, by officers of a city, is not evidence of a taking of possession, such as will authorize the lot owner to bring suit for the compensation awarded; Chicago v. Shepard, 8 App., 602. 9. The confirmation of a special assessment is final for the pur})oses of appeal or error; but, on application for judgment against the land — on which the assessment has been laid — the prior judgment, of confirmation, must be regarded as but a part of one and the same proceeding. The court does not lose jurisdiction until the pro- ceeding is, for some cause, discontinued or culminates in a judgment against the land; Kilmer y. People, 106 111., 529. 10. Where an assessment has been confinned, by a court of coin])etent jurisdiction, and no appeal is taken from that judgment, the question as to the legality of such assessment, in a proceeding to collect the same, must be regarded as res adjudicata; Andrews v. People, 84 111., 28. 11. Assessment confirmed by a court having jurisdiction; in the absence of an ap- peal the judgment is res adjudicata, in a proceeding to collect the judgment; An- drews y. People, 84 111., 28. 12. If, on application for the confirmation of a special assessment, the court has jurisdiction to render the judgment of confirmation, such judgment will conclude the land owner from questioning any of the proceedings had prior thereto, on a sub- sequent application for a judgment and sale of the premises. Aliter, where the pro- ceedings anterior to the judgment of confirmation were so defective as not to autho- rize the court to act on that question; objections to those proceedings may, properly, be made on application for judgment and order of sale; Schertz y. People, 105 111., 31. 13. All defects on the face of the proceedings, in making a special assessment, which go to show that the requirements of the law have not been observed and, therefore, that the court had no right, in law, to render the judgment, can be urged on appeal or error; Chicago y Wright, 32 111., 192. 165. judgment certified to city clerk — filing — warrant.] § 35. Tlie clerk of tlie court in which such judgment is rendered shall certify the assessment roll and judgment to the clerk of such city or village or, if there has been an appeal or writ of error taken on any part of such judgment, then he shall certify such part of the judgment 15 114 Special Assessments for Local Improvements. as is not included in such appeal or writ of error. The clerk of the city or village shall iile such certificate in his ofKce and issue a warrant for .the collection of such assessment. 1. The issuing of warrant to collect is governed by the law in force at the date of judgment of confirmation, there being no statute to the contrary; Murphy v People 120 111., 280. 2. The court takes judicial cognizance of the official character of liim to whom a warrant has been directed to collect; Brackett v. Peoi)le, llo 111., 30. 166. Form of warrant.] § 36. The warrant in all cases of assess- ment under this act shall contain a copy of such certificate of the judg- ment, describing the lots, blocks, tracts or parcels of land assessed, and the respective amounts assessed on each lot, block, tract or parcel of land, and shall be delivered to the officer authorized to collect such S])ecial assessments. Such warrant shall give sufficient authority to collect the assessments therein specified. 167. Collector’s notice — form of.] § 37. The collector receiving such wari'ant shall immediately give notice thereof by publishing such notice in one or more newspapers in such city or village, if such news- ])aper is there; and if there is 410 such newspaper, tlien by ])osting four copies thereof in public places along the line of the proposed improve- ments. Such notice may be, substantially, in the following form ; SPECIAL ASSESSMENT NOTICE. SPECIAL WAllKANT NO. — . Public notice is hereby given that the (here insert title of court) has rendered judgment for a special assessment upon property benefited by the following improve- ment (here insert the character and location of the improvement in general terms) as will more fully appear from the certified copy of the judgment on file in my office; that a warrant for the collection of such assessments is in the hands of the under- signed. All persons interested are hereby notified to call and pay the amounts as- sessed, at the collector’s office (here insert location of office), within thirty days from the date hereof. Dated this day of , A. D. 18 Collector. [As ammended by act approved June 26, 1885. In force July 1, 1885. L. 1885, p. 63. 1. A separate notice of application for judgment against property for delinquent special assessments from that in respect to the general taxes is not void. The notice may embrace both or separate notice may be given, in the discretion of the collector; People Sherman, 83 111., 165. 2. On application of a collector for judgment against lands and lots, for taxes etc. due thereon, the advertisement, as to the application, stands in the place of a sum- mons in personal actions — as to the question of jurisdiction; Mix v. People, 106 111., 428. 168. Manner of collecting — entry of payment.] § 38. It shall be the duty of the eollector into whose hands the warrant shall so come, as far as practicable, to call upon all persons resident within the cor- poration whose names appear on the assessment roll, or the occupants of the property assessed, and personally, or by written or jirinted notice left at his or her usual place of abode, inform them of such assess- ment, and request payment of the same. Any such collector omitting so to do shall be liable to a penalty of $10 for every such omission, but the validity of the special assessment, or the right to apply for and Special Assessments fou liOCAL Improvements. 115 ol)t;iin judgment for any such special [assessment], shall not be affected by such omission. It shall be the duty of such collector to write the word “ paid ” opposite each tract or lot on Mdiich the assessment is paid, together with the name and post office address of the person making the payment, and date of payment. 1. Where one person lias voluntarily paid a special assessment, the fact that others have failed to pay thereon or that the corporate authorities have abandoned the col- lection of other assessments, will not aid him who has paid, to recover back his money; Falls v. Cairo, 58 111., 403. 2. Owners who have paid assessments, which are, afterward, set aside, have no recovery back — they are deemed to have paid voluntarily; Uu. Bldg. Asso. v, Chicago, 61 111., 439. 169. Report of delinquent list to county collector — evidence — defense.] ^ 39. It shall be the duty of the collector of special assess- ments, within such time as the city council or board of trustees may, by ordinance, provide, to make a report in writing — to the general officer of the county authorized, or to be designated by the general revenue law of this state, to apply for judgment and sell lands for taxes due the county and state — of all the lands, town lots and real property on which lie shall have been unable to collect special assess- ments, with the amount of special assessments due and unpaid thereon, together with his warrant, or with a brief description of the nature of the warrant or warrants received by him authorizing the collection thereof ; which report sliall be accompanied with the oath of the col- lector that the list is a correct return and report of the lands, town lots and real property on which the special assessments levied by authority of the city of (or village of , as the case may be), remain due and unpaid ; that he is unable to collect the same or any part thereof, and that he has given the notice required by law that said warrants had been received by him for collection. Said report, when so made, shall be prima facie evidence that all the forms and require- ments of the law in relation to making said return have been complied with, and that the special assessments mentioned in said report are due and unpaid. And, upon the application for judgment upon such assess- ment, no defense or objection shall be made or heard which might have been interposed in the proceeding for the making of such assessment, or the application for the contirination thereof. 1. The city council has power to appoint the term of the court at which applica- tion for judgment shall be made against property for delinquent special assessments; which term may be a different one from that at which application is required to be made for judgment for state and county taxes; Potwin v. Johnson, 108 111., 73. 2. Return of unpaid assessments — under the revenue law — to the county col- lector is to be made on or before March 10, next after the same become payable; People V. Clayton, 115 111., 151. 3. Irregularity in making return of delinquent assessments before notice of the assessment not being an error affecting the substantial justice of the assessment is cured by the revenue law (§ 191); People v. Clayton, 115 111., 151. 4. The county collector’s delinquent list is prima facie evidence, on application for judgment, that the amounts are due as stated; Brackett v. People, 115 111., 30. 5. Where a collector makes return that he is unable to collect an assessment, or any part thereof, his return is conclusive of the facts stated. If the return be false, the officer is liable thereon; . Ottawa v. Macy, 20 111., 413. Ilf) Special Assessments for Local Improvements. (). (Collector’s sworn report of dcliiKpient lands, with j)roof of its j)ublication and noti(;e ol application inak(; out a priina faci(! case for judgment. If there beany valid objection not on the face of the papers the land owner must point them out; People (jlivens, 12:i 111., 1155. 7. 'I'he collector’s oath, in a case where no taxes are to be passed on, does not necessarily state; that the apj)lication is for the sale of the lands for “ taxes ” and assessments; (\ & N. W. Ry. Co. v. J^eoj)le, 83 111., 407. 8. On application for judgment the (collector is not bound to show a legal asse.ss- ment, until the presumption in favor of his return of delinquencies is overcome. People V. (livens, 123 111., 355. 170. Application for judgment — what law governs.] § 40. When said general officer sliall receive the report provided for in the jireced- ing section, he shall proceed to obtain jndginent against said lots, parcels of land, and property, for said special assessments remaining due and unpaid, at the same time and in the same manner as is or may be by law provided for obtaining judgment against lands for taxes due and unpaid the county and state ; and shall in the same manner pro- ceed to sell the same for the said special assessments remaining due and unpaid. In obtaining said judgment and making said sale, the said officer shall be governed by the general revenue laws of tin's state, except when otherwise provided herein. No application for judgment against lands for unpaid special assessments shall be made at a time different from the annual application for judgment against lands, upon which general taxes remain due and unpaid. The application for judgment upon delinquent special assessments in each year shall include only such special assessments as shall have been returned as delinquent to the county collector, on or before the first day of April, in the year in which such application is made. [As amended by act approved June 18, 1883. In force July 1, 1883. L. 1883, p. 58. 1. An objection that a proposed improvement is private and not public comes too late on application for judgment on tb^ assessment, where the ])arty has had notice of the application for confirmation; Lehmer v. People, 80 111., 601. 2. The confirmation of the assessment is conclusive on the question of benefits; it is too late to object thereto on application for judgment; Andrews v. People, 83 111., 529. 3. On application for judgment against real estate for a delinquent special assess- ment, thereon levied, all matters preceding the application for judgment are res adjudicata and not open to re-investigation; Lehmer -y. People, 80 111., 601; C. & N. W. Ry. Co. V. People, 83 111., 467. 171. Return of sales — redemption.] § 41. After making said sales, the list of lots, parcels of land and ])roperty sold thereat shall be returned to the office of the county clerk, and redemption may be made as provided for by the general revenue law of this state. 1. See Additional Laws — Revenue, §§ 210-7: as to redemption. 2. In the absence of express authority, of statute, to levy special assessments on the realty of a city, no such power can be implied; nor has a city, or its officers, in the absence of express authority, the power to tax its property for the purpose of raising revenue for the city. Therefore, the city of Chicago having specially assessed its own real estate, under which such realty was sold, it was held that the sale was void, that it conferred no title on the purchaser, nor any right to demand redemption in double the amount for which the property was sold; Taylor v. People, 66 111., 322. 172. Penalty when lands are sold for tax etc.] § 42. If the collector shall receive any moneys for taxes or assessments, giving a receipt therefor for any land or ])arcel of land, and afterwards return Special Assessments for Local Improvements. 117 tlie sumo as unpaid to the state officers authorized to sell lands for taxes, or shall receive the same after making such return, and the same be sold for tax or assessment which has been so paid and receipted for by himself orchis clerks, he and his bond shall be liable to the holder of the certificate given to the purchasers at the sale, for double the amount of the face of the certificate, to be demanded in two years from the date of the sale, and recovered in any court having jurisdiction of the amount; and the city or village shall, in no case, be liable to the holder of such certificate. 173. Paying over — compensation.] §43. The collector or col- lectors, and the general officer aforesaid, to whom the said warrant shall he returned, shall pay over to the city or village treasurer to which it shall belong all moneys collected by them, respectively, upon or by virtue of such warrant, or upon any sale for taxes or otherwise, at such time or times, and in such manner as shall be prescribed by ordinance, and shall be allowed such compensation for their services in the collection of such assessment as the ordinances of the city or village may provide, except when such compensation is fixed lyy general law. 1. See art. 7, § 15 and notes, in respect of detaining money. 174. General revenue laws apply.] § 44 . The general revenue laws of this state, in reference to proceedings to recover judgments for delinquent taxes, the sale of property" thereon, the execution of certifi- cates of sale and deeds thereon, the force and effect of such sales and deeds, and all other laws in relation to the enforcement and collection of taxes and redemption from tax sales, except as herein otherwise provided, shall be applicable to proceedings to collect such special assessment. 1. See Additional Laws — Revenue, 199-225. 175. City or village may buy at tax sale.] § 45. Any city or vil- lage interested in the collection of any tax or special assessment, may become a purchaser at any sale of real or personal property to enforce the collection of the same, and may, by ordinance, authorize and make it the duty of one or more city or village officers to attend such sales, and bid thereat in behalf of the corporation. 1. This section confers no power on cities and villages, organized under special charters, to become purchasers at tax sale; Champaign v. Harmon, 98 111., 491. 176. When assessment set aside — new assessment.] §46. If any assessment shall be annulled by the city council or board of trus- tees, or set aside by any court, a new assessment may be made and returned, and like notice given and proceedings had, as herein required in relation to fhe first; and all parties in interest shall liave the like rights, and the city council or board of trustees and court shall perform like duties and have like power in relation to any subsequent assess- ment, as are hereby given in relation to the first assessment. 1. Where the collector returns a portion of the property delinquent and applies to the court, for an order of sale and the court refuses — on objections interposed by property owners — the city authorities may proceed to levy a new assessment to col- lect the deficiency; Chicago c. Ward, 36 111., 9; Lafliu v. Chicago, 48 111., 449. When 118 Spkcial Asskssments for Local Imimiovements. sucli ruivv assossiiKMit has ho(M» nla(h^ and tho warrant issued to the city collector and he returns a i)ortion of the land deliinjuent and asks for a judgment of sale, the court will look, only, to the regularity of the j)roceeding in levying the new assessment, d’he court will mutlier look into tin; regularity of the first assessment nor regard any judgment on the roll thereof; Chicago v. Ward, 36 III., 0. 2. If a special assessment be held invalid by reason of the invalidity of the ordi- nance under which it is levied, the defect can not be cured or remedied by making a new assessment and report under the invalid ordinance; Chicago 'o. Wright, 8U 111., 3. An assessment, based on a prior oiiginal assessment which was void is. itself, void; Potwin v. Chicago, 61 111., 463; Workman i). Chicago, 61 111., 463; Uu. Bldg. Asso. V. Chicago, (>1 111., 439; Bowen v. Chicago, 61 111., 268. 4. .1 udgment on a special assessment — for the laying of water pipes — being re- fused for defect of the ordinance a second ordinance was ado])ted, to cure the defect. 4'he judgment in respect to the first ordinance was not res adjudicata on ai)plicatiou for judgment on the second, it being authority for a new assessment and wholly iude- ])endent of the original ordinance. Xo (piestion of power being involved in either j)i‘oceeding the first judgment could not bar the second proceeding; Hyde Park Waite, 2 Ap])., 443. 5. Judgment refused because of action prematurely brought will not bar a sub- sequent application for judgment for the same assessment; Brackett 'c. People, 115 111., 30. 177. Supplemental assessments.] § 47. If, in any case, the first assessment provm insntficient, a second may be made in the same manner, as nearly as may be, and so on, until sufficient moneys shall liaye been realized to pay for sm-h public imjtroyernent. If too large a sum shall, at any time, be raised, the excess shall be refunded ratably to those by whom it was paid. 1. If a special assessment proves insufiicient on account of a failure to collect it on part of the ])ropeity assessed there can be no new assessment on the other pait to supply the deficieuey; Chicago 'c. People, 56 111., 327. 2. A new assessment, for a deficiency, Avas held valid, the only defect in the original proceeding being in the notice of application for confirmation; the ordinance under which it Avas had being free from objection; Burton v. Chicago, 62 111., 179; Tyler c. Chicago, 61 111., 459; Harrison v. Chicago, 61 111., 459. 178. New assessment against delinquents — lien — limitation.] § 48. If, from any cause, any city or yillage shall fail to collect the whole or any portion of any special assessment which may be leyied, which shall not be canceled and set aside by the order of any court, for any public improyement authorized to be made and paid for by special assessment, the city council or board of trustees may, at any time within fiye years after the confirmation of the original assessment, direct a ne\y assessment to be made upon the delinquent property for the amount of such deficiency, and interest thereon from the date of such original assessment — which assessment shall be made, as near as may be, in the same manner as is herein prescribed for the first assessment. In all cases where partial payments shad hace been made on such former assessment, they shad be credited or allowed on the new assessment to the property for which they were made, so that the assessment shall be equal and impartial in its results. If such new assessment proye inef- fectual, either in whole or in part, the city council or board of trustees may, at any time within said period of five years, order a third, and so on, to be levied in the same manner and for the same jAurpose ; and it shall constitute no legal objection to such assessment that the pi-eriod. 1. See § 181, infra. 179. Contracts payable from assessments.] § 49. All persons taking any contracts with the city or village, and who agree to be paid from special assessments, shall have no claim or lien upon the city or village in any event, except from the collections of the special assess- ments made for the work contracted for. 1. Contract to perform work on streets, the contractor expressly stipulating that he would look, for payineut, only from the proceeds of any special assessment already made or which might, thereafter, be levied, and make no claim against the corpora- tion, except for the collection of such assessments. On application for mandamus to compel payment, the writ was refused. In such case the contractor must abide by his contract; it appearing that the corporation was, in good faith, and with reason- able diligence, proceeding to collect on the assessments; Chicago i\ People, 48 111., 416. 2. Contract for street improvement, the city agreeing to pay for the work on its completion and acceptance and when the special assessment, to be levied, should be collected. A part of such assessment could not be collected, the city having, expressly, exempted the land owner therefrom. The assessment being to that extent void, the condition of the contract thus being impossible and the contractor having no notice of the void assessment, at the time he assented to the condition, it was held he had his remedy to recover what he would have been entitled to had the entire assessment been valid; Chicago v. People, 56 111., 329. 3. Debt will not lie on a judgment condemning land for a village street so long as the ordinance providing for payment I)y special assessment remains in force; liyde Park V. Corwith, 122 111., 445. 180. Contracts, how let — approval.] § 50. All contracts for tlie making of any public improveinent, to be |)aid for in whole or in part by a s])ecial assessment, and any work or other public improvement, when the expense thereof shall exceed ^500, shall bo let to the lowest responsible biddei-, in the matter to be prescribed by ordinance — such contracts to be approved by the mayor or president of the board of trustees : Provided, however, any such contract may be entered into by the proper officer Avithont advertising for bids, and without such approval, by a vote of two-thirds of all tlie aldermen or trustees elected. 1. Contract let in violation of the provisions of the statute is void; Dement v. Kokker, 126 111., 189. 2. No person can derive any rights under a contract, procured by preventing — on his part — competition in bidding; Dement v. Kokker, 126 111., 189. 3. The lowest bid may be rejected, if the bidder be not responsible; Dement y. Kokker, 126 111., 189. 181. Lien of special assessmenl:.] § 51. All special assessments levied by any city or Aullage under this act, shall, from the date of as- sessment, be a lien upon the real estate iqjon which the same may be imposed, and such lien shall (,'ontinue until such. special assessments are paid. And the same proceedings ma}" be resorted to by the collector. 1:^0 SrECiAi. Assessments for Local Improvements. upon any warrant or ordci- issued or made for the eolleetion of special assessments, as in the case of the collection of state and county taxes under the general laws of the state. 1. See § 178, supra. 182. Collection by suit.] § 52 . At any time after the same becomes due, it shall and may be lawful for any collector thereof to commence suit in any court of ]-ecord, in the corporate name of such city or vil- lage, against any person or persons, for the total amount of special as- sessments which such person or ])ersons are liable for the payment of. Such suit shall be commenced by petition, and shall state the several amounts of the s[)ecial assessments sought to be recovered, and give a general descriptioti of the warrant or warraiits issued for the collection thereof. Upon the filing of the petition a summons shall be issued, served and returned as in other suits in such court. Upon the return of such summons, duly served, the court shall forthwith proceed to the liearing of said petition without formal pleadings, and may render judginent for all or any part of the special assessments, as the right and justice of the case may recjuire. The original, or a certified copy (by the clerk, under the corporate seal) of such warrant or warrants and list or lists, or so much thereof as refers to the special assessments sought to be recovered, shall be prima facie evidence of the right of said collector to a judu’inent in favor of such corporation. Execution shall issue on such judgment as in other cases, but such execution may be first levied upon and collected from any personal property of the defendant ; or the court, in which such proceedings were had, may, upon complaint of the city or village, issue a scire facias against the ])erson or ])ersons liable for such payment, to show cause why execu- tion should not issue against him or them for the amount of such assessment; and if, upon the return of such scire facias, good cause is not shown why execution should not issue, the court may award exe- cution against such ])erson or ])ersons in the usual form of execution upon judgments at law. 183. Supplemental petition to assess benefits in condemnation proceeding.] ^ 53 . Whenever any city or village shall apply to any court for the purpose of making just compensatiou for property taken or damaged by such proceedings as are authorized by this act, such city or village may file in the same pi*oceeding a supplemental petition, praying the court to cause that an assessment be made for the purpose of raising the amount necessary to pay the compensation and damages which may be or shall have been awarded for the property taken or damaged, with the costs of the proceeding. The said court shall have power, at any time after any such supplemental petition shall have been filed, to appoint three commissioners to make such assessment, and to ascertain, as near as may be, the costs incurred to the time of such appointment, and the probable further costs of the proceedings, including therein the estimated costs of making and collecting such assessment, and shall direct such costs to he included by such commis- sioners in making said assessment. Like proceedings in making said Si’KciAii Assessments for Local Imfrovemen'I's. 121 iissessnieiiL shall be had and the assessment shall be made, collected and enforced in the same manner, as near as may be, as is jirovdded in this article in other cases; provided, however, in all ])roceedings heretofore commenced, where the jiroperty has not been fully paid for or that shall hereafter be commenced, said city or village shall take and pay for the lands sought to be taken or damaged within two years of the entry of the judgment in such condemnation proceedings; and, after the expira- tion of such time, the court in wliich the proceedings may have been had u})on a motion of any person interested in the lands, may inquire in a summary manner, whether the lands in which such person is inter- ested have been taken or damaged and paid for, and if the court finds that such lands have not been taken or damaged and not been paid for, it shall enter an order requiring the city or village to pay for such lands within a short day, to be fixed by the court, and in default thereof shall dismiss such proceeding as far as they relate to lands of such person. If, however, the court finds that such city or village has taken posses- sion of the land and has not paid therefor it shall enter an order requir- ing such city or village to pay the amount of the condemnation judg- ment, with interest from the time of such taking, within a short day, to be fixed by the court, and in default thereof to dismiss the proceedings and enter a several judgment, in favor of such land owners, for interest from the day of such taking and direct the issue of a writ of possession in favor of the several owners or their legal representatives or grantees, respectively ; and such dismissal, as aforesaid, shall operate as a bar to further proceedings under such ordinance against the land affected by such dismissal ; and every such cause shall be considered as pending in the court in which the same has been, or shall be, commenced until all the lands sought to be taken are paid for or until the proceedings are dismisssd where the lands have not been taken. [As amended March 30, 1874. L. 1873-4, p. 64, and June 15, 1891. L. 1891, ]x 80. 184 . Adoption of this article.] §54. Any city or incorporated town or village may, if it shall so determine by ordinance, adopt the provisions of this article without adopting the whole of this act; and where it shall ha\eso adopted this article, it shall have the right to take all proceedings in this article provided for, and have the benefit of all the pi’ovisions hereof. 1. An incorporated town or village is authorized to adopt tlie provisions of this article. An ‘‘incorporated town”, under the revised statutes of 1845, means the same thing as “ village ” under the later statutes; Martin v. People, 87 III., 5*24. 2. Cities adopting this article will have power to construct seAvers by special assessment regardless of their special charters; Murphy v. Peoria, 119 111., 510. 3. The provisions of the revenue acts 279 of 187‘2 and § 178 of 1873) barring special assessments not returned to the collector within a year next after it is due does not apply to cities and villages which have adopted this article; People v. Pierce, 90 111., 85. All act to amend article nine of an act, entitled “An act to provide for the incorporation of cities and villages”, approved April ten, eigh- teen hundred and seventy-two, in force July one, eighteen hundred and seventy-two, by addino- thereto the followiner cent, of the total of said assessment, and which shall be due and i) iya- ble from and after confirmation of said assessment. The remaining ])ortion of said assessment, after deducting the said first instalment, shall be divided into four equal annual instalments, which said instal- ments shall be payable annually thereafter, and collected in the same manner that other assessments are now collected and the annual interest, herein j)rovided for, on all of said instalments which may, at any time, remain unpaid shall, also, be payable annually thereafter and collected in the same manner that other assessments are now collected. Each of said four last named instalments shall bear interest at the rate of six ])er cent, per annum, payable in each year, from and after the first day of July next succeeding the conlirmation of said assessment, when such confirmation shall be had between tlie first day of November and the first day of March, and when such con- lirmation is had between the first day of March and the first day of July then each of the said four last named instalments shall bear interest at the rate of six per cent, per annum, in each year, from and after the first day of October next succeeding such confirmation of assessment; and when such confirmation is had iietween the first day of July and the first day of November, then each of said four last named instal- ments shall bear interest, at the rate of six per cent, per annum, from and after the first day of January next succeeding such confirmation of assessment. Such interest shall be pa\uable in Ccach year at tlie time when the instalments are payable : Provided, that in cities containing a population of fifty thousand or more, this and the following sections shall not apply except in cases where any such special assessments shall exceed, in the aggregate, the sum of fifteen thousand dollars. [As amended by act approved June 15, 1891. L. 1891, ]). 82. 186 . May be paid before maturity — interest.) §56. That any instalment or instalments which may be assessed against any tract, lot, block or piece of land may be paid at any time before maturity, in which case interest shall be charged only to the time of payment, and upon such payment the property for which said payment is made shall be dischaiged from the lien to the extent of such payment. 187 . Ordinance — when by instalment.] § 57. Whenever any city, incorporated town or village desires to make the collection of any special assessment, as aforesaid, by instalments under the ])rovision of this act, the ordinance providins: for said improvement shall also state that the same shall be collected by instalments, and fix the amount of the first instalment. 188 . Assessment roll — what to contain.] § 58. Upon the assess- ment roll to be returned by the commissioners shall be designated, in Special Assessments for Local Improvements. 123 ap{)ropriate columns, first, tlie amount of each instalment, second, the total amount of the assessment, which said items shall be carried out and set opposite eacii tract, lot or piece of property so assessed. 189. Notice — what to contain.] § 59. The notice to be given by the collector as now provided for by law when the assessment is under the provisions of this act, in addition to what is now required shall con- tain the amount of each instalment, the rate of interest deferred in- stalments bear, the date of payment and that the whole of said assess- ment, or any instalment thereof, may be paid at any time at the option of the owner or owners of said lot, block, piece or tract. 190. Order of confirmation.] § 60. The order of confirmation that shall be entered upon the return of any such assessment roll shall apply to all of the instalments thereof, and may be entered in one order. 191. Warrant for collection.] §61. The warrant for the collection of any such special assessment to be made hereunder shall contain a copy of such certificate of the judgment, describing the lots, blocks, tracts or parcels of land assessed and the respective amounts assessed upon each lot, tract, piece or parcel of land, and the year in which each instalment is payable. 192. Procedure for judgment.] § 62. Proceedings for judgment and sale against lots, tracts, pieces and parcels of land for which the assessment has not been paid shall be had in the same manner as now provided upon each instalment in the respective years in which they become due and payable, and the laws now in force in so far as they are applicable shall apply. 193. Payment for improvement done — voucher.] § 63. Pay- ment for any improvement done or performed under the provisions of this act shall be made in the following manner ; from tlie amount of the first payment, when it shall be co lected, shall first be paid all the costs of making the said assessment, including court costs. The re- mainder of said payment shall then l)e paid to the person or persons en- titled thereto on the contract for said work. The amount remaining due upon the contract for said im])rovement shall then be divided into four equal parts, and the authorities of any city, incorpoi’ated town or village shall issue a voucher to the person or persons entitled thereto for each part, payable in same order and manner that the instalments are payable, and said vouclmrs shall bear the same rate of interest per annum that the said instalments bear, which interest shall be paid on the first day of July, October or Januaiy, annually, after their date, according to the date of the confirmation of the respective assessments, to the ])ei'son holding such vouchers. Said vouchers shall be made payable to the order of the person or persons entitled thereto, and state the improvement and the instalment for which they are issued. They shall also contain the following: In consideration of the issuing of this voucher, I hereby for sel , heirs, executors, administrators and assigns, accept tlie same in full payment of the amount herein stated and relinquish any and all claims or liens I may have against the (city. L?4 SrKClAL AsSKSSMKNTS F(;li LuCAL LviI’JiOVKMENTS. incorporated town or villai>e) of for the work mentioned lierein, f)r for the pay- ment of this voucher, except from the collection of the instalment herein named. (tSignalure of person receiving the same.) [As amended June 15, 1891, L. 1891, p. 82. 194 Acceptance of voucher — effect.] § 64. Any person or per- sons accepting tlie voucliers, as provided herein, for work done or per- formed upon any local or public improvement shall have no claim or lien upon the city, incorporated town or village, in any event, for the payment of said vouchers or the interest, except from the collection of the instalments for which said vouchers are issued ; And provided, that this section shall apply to all holders of any of said vouchers, whether the original contractor or their assigns. 195. Surplus collected — refunded.] § 05. If upon the payment of the money and issuance of the vouchers, as provided for in the last section hereof, there shall be any surplus remaining of said special as- sessment over and above the payment aforesaid, it shall be the duty of the proper authorities of said city, incorporated town or village, to, at once, cause the respective instalments to be credited with their respect- ive ])i’oportion of said surplus, and in case any person or persons have, before said credit has been entered, paid his assessment or any part thereof, without having received the benefit of said credit, the proper authorities shall at once cause notice of such overpayment to be sent by mail to the person by whom such overpayment was made, and upon proner proofs the same shall be repaid. 196. Special assessment — when city may advance damages.] § 66. In case said special assessment ’shall be made for the purpose of paying the compensation awarded for the taking or damaging of pri- vate property for public use, payments may be made as ])rovided herein in the case of contracts let, and the acceptance by the owner of any lot, piece or tract taken or damaged of the vouchers issued shall be deemed payment to said owner or owners of said compensation, and upon proof thereof, an order of possession may be entered as is now provided : Provided, that after a special assessment has been confirmed to pay for property taken or damaged for public use, the city council in cities, and the president and board of trustees in villages may ap- propriate and advance a sufficient amount to pay the compensation awarded, or so much of the same as shall not have been paid by accept- ance of vouchers as herein provided. Provided, however, tliat such appropriation and advancement shall in no way affect the collection of said assessment, but the same shall be collected in the same manner as though said appropriation had not been made: And provided, further, that when such assessment shall have been collected, that the same, to- gether with the interest thereon, shall be paid in to the general fund of said city, incorporated town or village, in liquidation of the amount so adv^anced. 197. When collected by instalment.] § 67. In all cases where special assessments have been made, but not confirmed, it shall be law- ful for any city, incorporated town or village, through its legislative body, to provide by ordinance that said assessment may be collected by instalments, under the provisions of this act. Special Assessments eou Locai. Improvements. 124 » An act to authorize the division of special assessments in cities, towns and villages into instalments, and authoiizing the issue of bonds to anticipate the collection of the deferred instalments. [Approved June 17, 1893. L. 1893, p. 78. 197a. Assessments divisible into instalments — public improv- ments — sewers — water mains. ] § 1. Ik it enacted hy the people of the state of Jllinois, represented in the general assembly; That whenever the corporate authorities of any city, town or village have, heretofoi’e, levied or shall, hereafter, levy any special assessment, pursuant to law, in [it] shall be lawful for such corjiorate authorities, at any time pi ior to the commencement of the collection thereof, to provide, by ordinance, that said assessment be divided into instalments not more than seven in number, the first of which instalments shall be due and payable on and after confirmation thereof, and the second instalment one ^^ear thereafter, and so on until all are ]iaid; but, such division shall be so made that the first instalment shall include all the fractional amounts, leaving each of the remaining instalments equal in amount and multiples of $100, which said assessment and instalments shall bear interest, from and after thirty days suceeding the date of confirmation, at the same rate and be collected in like manner as is now provided by law: Provided, that any special assessment levied for building sewers and laying water mains, may, in like manner, be divided into not exceeding ten instalments. 197b. Bonds issuable in anticipation of collection — interest — form of.] § 2. That for the jiurpose of anticipating the collection of the second and succeeding instalments, provided for in the next pre- ceding section, it shall be lawful for such corporate authorities to issue bonds, payable out of said instalments, bearing interest at the late of not to exceed six per centum per annum, payable annually, and signed by such olTicers as may, by ordinance, be prescribed. Said bonds shall be issued in sums of $100 or some multiple thereof, but shall not be dated or issued until, at least, ninety days after the first instalment out of which they are payable begins to draw interest. Each bond shall state, on its face, out of which instalment it is payable and state, by number or other designation, the assessment to which such instalment belongs. Such bond shall not exceed, in the aggregate, the amount of such de- ferred instalments and shall be divided into as many series as there are deferred instalments, and one series shall become due in one year from date, the second series in two years from date, and so on : Provided, the corporate authorities issuing such bonds may, if they deem it for the best interests of the property owners, make such bond redeemable at the option of the corporation issuing the same at the time of any annual payment of interest, on twenty days’ notice being given, by the proper authorities, in a newspaper published in the county in which the corpo- ration issuing such bond is located ; and such bonds may be in substan- tially the following form : 121b SrECiAii AssES.SMK\'r FOR Local JxMpkov'kments. STATE OF ILLINOIS. County ok Series name. ou Bond No. IMPROVEMENT BOND. Tlie of , in county, Illinois, for value received, jnomises to pay, to bearer, on the day of a. d. , the sum of dollars, with interest thereon, from date hereof, at the rate of per (•(■Ilium, per annum, payable annually, on presentation of the coupon^ hereto annexed. Both principal and interest of this b(^nd are payable at the ofiice of the treasurer of said of This bond is issued to anticipate the collection of a part of the instalment of s])ecial assessment No. , levied for the purpose of , which said instalment bears interest from the day of a. d. , and this bond and the interest thereon, are payable solely out of said instalment when collected. Dated this day of , A. d. . Which said bonds may have coupons attached to represent the in- terest to accrue thereon. Said bonds may be sold or paid to the con- tractor having the contract for the improvement for which the assess- ment was levied, at not less than their par value and interest accrued to time of delivery whether sold or paid to the contractor. 197c. Definition, “corporate authorities.”] §3. Corporate au- thorities, as used in this act, shall be held to include the city council of cities and the board of trustees of towns and villages, and the body authorized to enact ordinances in any city, town or village. I97d. Assessment payable in bonds.] § 4. Any property owner may pay his assessment, wholly or in part, with the bonds issued, under this act, on account of such assessment and, in making such pay- ment, such bonds shall be taken at their par value and interest accrued to the date of making the same. All bonds received in payment of such assessment shall be cancelled, by the officer receiving the same, as of the date of their receipt and deposited with the treasurer of the city, town or village issuing the same. 1. The statute conferring authority on villages to make local improvements by special assessment 131 ) was intended to confine the improvement within the cor- porate limits. Under it a village has no power to make improvements in territory outside of its limits; Cochran v. Park Ridge, 138 111., 299. — the fact, however, that a village has not obtained the right to occupy and u.se a highway outside of its limits before the passage of an ordinance or the making of an assessment for a sewer, will not invalidate the proceeding. That ma}^ be done later and the general powers conferred on commissioners of highways are broad enough to authorize them to consent to any act which may benefit the highwa}" — as the con- struction of a sewer therein; Cochran v. Park Ridge, 138 111., 302. — so, if in the construction of a .sewer it becomes absolutely necessary to acquire an outlet beyond the corporate limits, the sewer or drain may extend beyond such limits in order to make the sewer of any practical utility, without violating the statute. Such a sewer is regarded as an improvement within the village; Cochran v. Park Ridge, 138 111., 300. 2. A valid ordinance is the foundation of every special assessment for a local im- provement — as for the improvement of a street; St. John v. E. St. Louis, 136 111. 213. The power, vested in cities and villages, to make improvements b}- special as- sessment, or taxation or both, must be exercised b}' the passage of an ordinance pre- scribing the mode to be pursued; Adams Co. v. Quincy, 130 111., 579. 3. The passage of an ordinance for the making of a public local improvement is e.s- sential to the levy of a special assessment or special tax on property to be benefited. Special Assessment fou Local Improvements. 124^ In the absence of such an ordinance there is no thing on whicli tlie proceeding can rest; Carlyle v. Clinton Co., 140 111,, 514. — iintd an ordinance is passed for such improvement, sj)ecifying its nature, charac- ter, locality and giving a proper description, the commissioners can not act and ascer- tain its probable cost. This is recpiircd for the protection of the property owner; Carlyle v. Clinton Co., 140 111., 515. — until an ordinance is passed for the making of the improvement no expense can be incurred wdiich can become a charge on the property holder. So, an ordinance I)assed after an improvement is completed — not for the making thereof — for the levy of a special tax for the payment of its cost is void and can not form a basis for such taxation; Carlyle v. Clinton Co., 140 111., 516. 4. A special assessment can not be levied for a part of an improvement required by an ordinance, nor can a special assessment be levied for the whole after a part has been abandoned; St. John v. E. St. Louis, 136 111., 214. 5. An ordinance, providing for a local improvement, having declared that it shall be paid for by special assessment the passage of a subsequent ordinance providing that the assessment shall be payable in ten annual instalments is such an attempt to change a proposed contract as wdU justify a bidder in refusing to execute it; Morgan Park v. Gahan, 35 111. App., 651. 6. An advertisement, published by a village, for bids for contracts for the doing of work on a local improvement wlr’ch recites that “the contracts will be made in accord- ance with the village ordinance,” etc., and that payments will be made from special as- sessment moneys only,” will put a bidder on inquiry of and, therefore, charge him with notice of the terms of the ordinance by which the improvement is authorized. It will not, however, affect him with notice of a subsequent ordinance providing the method in which the special assessment shall be levied— as that the assessment shall be levied in ten annual instalments; Morgan Park n. Gahan, 35 111. App., 650. 7. The acceptance of a bid for the construction of some improvement, the cost to be paid by special assessment, will not confine either party to an assessment pre- viously levied for the means of payment, where there is nothing in the published pro- posal for bids or any ordinance indicating that the contract price is to be paid by Linds raised by any pariicular assessment; Morgan Park v. Gahan, 136 111., 521. — for, where a contract is made for the construction of an improvement, to be paid for from moneys collected by special assessment, if the assessment proves illegal after the w'ork is completed, the municipal authorities are bound to make one or more as- sessments to raise money sufficient to pay the contract price; Morgan Park v. Ga- han, 136 111., 522. 8. Wherefore, the fact that an assessment made for the payment of the contract price of an improvement is irregular, or even void, will not justify a bidder in re- fusing to fulfil his contract to enter into a contract. If he refuses to proceed beyond his accepted bid he will forfeit any deposit made with his bid, under the proposal for bids; Morgan Park v. Gahan, 136 111., 521. 9. In vesting the power to make local improvements “ by special assessment or by special taxation or both,” or by general taxation 131 ), the language of the statute is not direct^ to the mode of making a single improvement, but to the making of improvements in the plural and generally. Its purpose is to vest in the corporate authorities power to make them in both of the designated ways. The words “or both ” do not authorize a city or village to combine the modes in a single improve- ment. In the case of a single unprovement the city or village [must decide, by ordi- nance, which of the modes it will pursue; Kulhner v. Freeport, 143 111., 101. 10. Commissioners appointed to assess a special tax for a local improvement have naught to do with the character oji* extent of the improvement. If there be any mis- take in the ordinance specifying the nature, character, locality and description of the improvement they are powerless to correct it. Their sole duty is to assess the amount of the cost on the abutting property — in the case of a street improvement, excluding sh-eet crossings. Whether the improvement provided for by the ordinance will cover the whole street or leave a strip unconstructed is a subject which does not concern them and on which they have no power to act (§ 154 ); Jefferson Co. v. Mt. Vernon, 145 111., 81. 11. The commissioners to assess the cost of a local improvement are required to certify the roll to the court appointing them, at least ten days before the first day of the term at wdiich a final hearing thereon shall be had (§ 150 )- All the subsequent Miscellaneous Provision — Water. 124«1 ])r()C.r(;(lings and tlie judgment in llu; ense are i)r(!dieated on siudi roll or report. It follows that the exi.stenee of the roll as a part of the record and files of the court is a jurisdictional fact; witliout which the court has neither right nor authority to act nor to render a judgment against the properly involved in the j)ioceeding; Morrison v. Chicago, 142 111,, 062. 12. A county court has no jurisdiction, at a probate term, to confirm an as.sessinent for a special tax for a local imi)rovement by a city or village. It follows that an order of such a court at a ])robate term, either aflirming or setting aside such an as- .sessment is void lOO); Mt. Carmel v. Friedrich, 141 111., 372. 13. On an application to confirm special assessments, for a local improvement, only su(;h objections as question the amount of l)enefits returned against the objectors premises should be submitted to a jury lOl). So, an objection that the land had been i)reviously dedicated to the public for a street by the owners thereof and, hence, the condemnation was improper presents no issue to be submitted to a jury; Gage v. Chicago, 146 111., 504. — so, an obj(‘('tion that the description of the land condemned is illegal and void pre.s(*nts a mere (piestion of law. In such case the question is to be decided by an inspection of the record; Gage t. Chicago, 146 111., 502. ARTICLE X. Miscellaneous Provisions — Water. Spxtion. Section. 198. Water — borrow money. 202. Maps — approval of. 199. Acquiring property for water works 203. Inhabitants competent as jurors etc. -jurisdiction thereof. 204. Population — census. 200. Regulations — rates, taxation etc. 205. “ Municipal year 201. Tax payer may enforce rights in 206. City or village need not give appeal name of city etc. bond. 1. See Additional Laws — Water. 198. Water — borrow money.] Sec. 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 bf wells, pumps, cisterns, reservoirs or water works, and to borrow money therefor, and to authorize any person or private cor- poration 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 tlie unnecessary waste of water; to prevent the pollution of the water, and injuries to sucli wells, pumps, cisterns, reservoirs or Avater works. 1. The statute of 1873, § 1, leaves the village authorities unrestricted as to the cost or means whereby a supply of water shall be {>rovided and authorizes the bor- rowing of money needed therefor; to that extent repealing charter limitations in respect of loans; Dutton v. Aurora, 114 111., 142. 2. An ordinance for a connected system of water works for the whole village, pro- vides for but one local improvement. It is not invalid as embracing separate and distinct improvements; People c. Sherman, 83 111., 165. 199. Acquiring property for water works — jurisdiction thereof.] § 2. For the purpose of establishing or supplying water Avorks, 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 tlie man- ner provided for the taking or injuring private property for public uses ; and the jurisdiction of the city or village to prevent or punish any pollution or injury to the stream or source of water or to such Miscellaneous Provisions — Water. 125 water works, shall extend live miles beyond its corporate limits, or so far as such water works may extend. 1. See Additioual Laws — Emenent Do.m.vin, post, 2. Trustees can acquire a lot on which to locate buildings and pumping works for drainage purposes only by proceedings to condemn; Hyde Park v. Spencer, 118 111., 449. 200. Regulations — rates, taxation etc.] § 3. The city council or board of trustees shall have power to make all needful rules and regulations concerning the use of water supplied by the water works of said city or village, and to do all acts and make such rules and regulations for the construction, completion, management or control of the water works, and for the levying and collecting of any water taxes, rates or assessments, as the said city council or board of trustees may deem necessary and expedient ; and such water taxes, rents, rates or assessments may be levied or assessed upon any lot or parcel of ground, having a building or buildings thereon, which shall abut or join 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 sup- plied 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, buihiing or buildings, situated thereon, and such lien or charge may be collected or enforced in such manner as the city council may, by ordinance, prescribe. And the corporate authori- ties may levy a general tax for the construction and maintenance of such water works, and appropriate money therefor. 1. A regulation requiring citizens to lay down, at their own expense, necessary service pipes from their lots to the main water pipes, if they desire to use the water, is reasonable. Where such a regulation exists, the fact that the city, at the time of laying the main pipes and for the purpose of avoiding the tearing up of the streets in future, lays service pipes from the main to the lots abutting on the street, does not entitle any citizen to the free use of them. The city has a right to require lot owners, wishing to use such service pipe, to refund the cost of laying it, before they can do so; Prindiville v. Jackson, 79 111., 237. 2. In the absence of any law exempting county property, a water tax may be assessed against the same, by a city; Cook Co. v. Chicago, 103 111., 6o0. 201. Tax payer may enforce rights in name of city etc.] § d. A suit may be brought by any tax payer, in the name and for the beneht of the city or village, against any person or corporation, to recover any money or property belonging to the city or village, or for any money which may have been paid, expended, or released without authority of law : Provided, that such tax payer shall file a bond for all costs, and b’e liable for all costs in case the city or village be cast in the suit, and judgment shall be rendered accordingly. 202. 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 l:'G Of the Organization of Villages. or subdivision shall be entitled to record in the proper county, or have any validity until it shall have been so approved. 1. The general statute, in regard to recorders, provides thus: ^ 13. It shall be un- lawful for any recorder to record any map, i)lat or sub-division of land situated in any incorporated city, town or village, until the same shall have been approved by the legislative authority of the city, town or village in which such laud may be situated, or by some city, town or village ollicer for that purpose to be designated by Hisolutiou or ordinance of said legislative authority. For each and every violation of this section by any recorder or his deputy or employe, such recorder shall forfeit and pay to the county the sum of two hundred dollars, to be recovered in any court of competent jurisdiction, in the name of the state, for the use of the county, in an action of debt, with costs of suit. 203. 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 pro- ceeding in which said city or village may be a party in interest. 204. Population — census.] § 7. Whenever in this act any pro- vision 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 pojnilation 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 popula- tion of any city or village, as the same may appear from the latest federal, state, city or village census so taken. 205. “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. 1. See art. 7, § 1, as to the “ fiscal year ”. 206. City or village need not give appeal bond.] .§ 9. When in any suit the city or village prays an appeal from the judgment of any court of this state to a higher court, it shall not be required to furnish an appeal bond. 1. Statute relieving municipalities from bond on appeal is valid; Holmes v. Mat- toon, 111 111., 28. 2. A municipal corporation may sue without bond; but, not without appeal allowed; Chester v. Wilson, 15 App., 239. ARTICLE XL Of the Organization of Villages. Section. Section. 207. By incorporated towns or discon- 210. Returns — canvass — record. nected territory. 211. Result — old officers continue. 208. Ballot. 212. New organization, how effected. 209. Changing from city to village. 213. Petition — election — returns. Of the Organization of V^illages. 127 Section. Section. 214. Result — election of officers, etc. 221. Annual election. 215. Trustees — corporate name — powers. 222. Annual election. 21 G. Election and powers of president. 223. Suits — jurisdiction — fines etc. 217. Powers of president and trustees. 224. Police magistrates. 218. Style of ordinances. 225. Election of police magistrates — juris- 211). Appointment of officers— duties, etc. diction and fees. 220. Powers of constable. 226. No incorporation under prior laws. 207. Incorporated town or disconnected territory.] § 1. Any town in this state incorporated, either under a genend law for the in- corporation of towns and acts amendatory thereof or under any special act for the incorporation of any town or village, or any town which may be organized out of territory which may be disconnected from any in- corporated town under the provisions of an act entitled ‘‘ An act to provide for the division of incorporated towns ” may become organized as a village under this act in the manner following: Whenever any thirty voters in such town shall petition the corporate authorities thereof to submit the question whether such town will become organized as a village under this act to the decision of the legal voters thereof, it shall be the duty of such corporate anthorties to submit the same accordingly and to fix a day and place, within such town, for holding such election and to appoint the judges to hold such election and to give notice of the time, place and purpose of such election, by causing, at least, five notices thereof to be posted in such town, at least, fifteen days prior to holding such election. See § 265a for the statute specially referred to. 1. Where a proper petition, by the voters in a town existing under a special char- ter, is presented for incorporation as a village, under this statute, there is no dis- cretion in the trustees to determine whether or no it shall he granted. In such case the duty is to act on it at the earliest convenience, and proceed to take steps for the election; Glencoe v. People, 78 111., 382. 208 . Ballot.] § 2. Each qualified voter, resident within such town or proposed village, shall have the right to cast a ballot at such election, with the words thereon, “ For village organization ubder the general law,” or “Against village organization under the general law.” An act to amend an act entitled “ An act to provide for the incorpora- tion of cities and villages,” approved April 10th, A.. D. 1872, in force July 1 , 1872. [Approved May 29, 1879. L. 1879, p. 68 . Sec. 1. That the said act entitled, “An act to provide for the incor- poration of cities and villages”, be amended by adding the following section thereto : 209 . Changing from city to village.] § 2. That it shall be the duty of the mayor and common council of any city, upon the petition of one-fourth of the legal voters thereof, and upon ten days previous notice of such application by the city clerk published in some news- paper printed in said city, or by posting such notices in five of the most public places within said city, for said period in case no such newspaper is printed in said city, to fix the time and call an election to decide whether said city shall be organized into a village. That said election shall be governed by the provisions of sections fifty (50), fifty- six (56) and fifty-seven (57) of said act, and the legal voters at said Of the Organization of Villages. las election sliall vote for or ased. 210 . Returns — canvass — record. 1 § 3. The judges of such elec- tion shall make returns thereof to the pi’esident and trustees of the town, as soon as practicable after such election is held ; and it shall be the duty of the president and trustees to canvass such returns, and caiue a statement of the result of such election to be entered upon the records of the town. 21 1. Result — old officers continue until etc.] §4. If a majority of the votes cast at such election are for village organization under the general law, such town shall, from thenceforth, be deemed to be duly incorporated as a village under this act ; but the town officers then in office shall continue as like oliicers of such village until their successors shall be elected or appointed under the provisions of this act. 212. New organization — how effected.] § 5. Whenever any area of contiguous territory, not exceeding two square miles, shall have re- sident thereon a population of at least three hundred inhabitants, and which territory is not included within the limits of any incorporated town, village or city, the same may become incorporated as a village, under this act, in the manner following : Any thirty legal voters resi- dent within the limits of such proposed village may petition the county judge of the county in which they reside, to cause the question to be submitted to the legal voters of such proposed village, whether they will organize as a village under this act. And, if the territory descilbed in said petition shall be situated in more than one county, then the petition shall be addressed to the judge of the county court of the county where a greater part of such territory is situated. Such petition shall be addressed to the county judge, contain a definite description of the lands intended to be embraced in such village, the number of inhabitants resident therein, and the name of such proposed village. 1. See art, 10, § 7, as to tlie enumeration of population. 213. Petition — election — returns.] §6. Upon the filing such petition in the office of the county clerk, it shall be the duty of such judge to perform the same duties in refereiu'e to fixing the time and place of such election, giving notice, appointing judges thereof, as is Of Till-: Organization of Villages. 129 above required to be performed by the president and trustees in towns already incorporated. The returns of sucli election shall he made to the county judge, who shall call to his assistance any two justices of the peace, and canvass such returns, and cause a statement of the result of such election to be entered upon the records of the county court. The second section of this article shall be applicable to such election. 1. Ou bill to contest an election for organizing certain territory into a village, it is not enougli to make certain private individuals residing in the territory, alleged to have been the principal promoters of the scheme, parties defendant — they can not represent the public. If it is impossible to make the village a party, by reason of the non election of officers, a proper representative of the public should be made a party — or the corporation will not be bound by decree; Lusk v. Thatcher, 102 111., 61. 214. Result — election of officers etc.] § 7. If a majority of the votes cast at such election is for village organization under the general law, such proposed village, with the boundaries and name mentioned in the petition, shall from thenceforth be deemed an organized village under this act, and the county judge shall, thereupon, call and fix the time and place of an election to elect village officers, and cause notice thereof to be posted or published, and perform all other acts in refe- rence to such election, in like manner, as nearly as may be, as he is required to perform in reference to the election of officers in newly or- ganized cities. But, the term of office of trustees elected at such elec- tion shall terminate as soon as their successors are elected and qualified, at the regular annual election. 215. Trustees — corporate name — powers.] § 8. In each village organized under this act, there shall be elected by the qualified electors therein six trustees, who shall hold their office until their successors are elected and qualified. At the first election held hereafter there shall be elected the full number of trustees. At the first meeting of the board of trustees held after said first election, the trustees elected shall be divided by lot into two classes; those of the first class shall con- tinue in office for one year, and those of the second for two years, from the date of the annual election for that municipal year, and annually thereafter there shall be elected three trustees, who shall hold their office for tlie term of two years, and until their successors are elected and qualified. The trustees shall choose one of their own number presi- dent ; and such village shall, from the time of the first election held by it, under said act, be considered in law and equity a body corporate and politic, by the name and style of The village of ”, and by such name and ^tyle may sue and be sued, contract and be contracted with, acquire and hold real and personal property necessary for corporate purposes, adopt a common seal and alter the same at pleasure, and possess all other powers as a corporation in this act conferred upon cities not exceeding five thousand inhabitants, except as herein other- wise expressly provided. And wherever the words “city council” or “ mayor ” occur in this act, the same shall be held to apply to the trus- tees and president of such village, so far as the same may be applicable. [As amended by act approved May 25, 1879. In force July 1, 1879. L. 1879, p. 67. 17 130 Of the Organization of Villages. 1. 'I'he general incorporation law does not apply to trustees the provisions as to the qualifications of city aldermen; People v. Hamilton, 24 Aj)p., 009, 2. Property of an incorporated village is held by the corporate authorities for the use of the public, any unlawful interference witli it, calculated to inflict irreparable injury upon community, is clearly matter for relief in equity; Hyde Park v. Chicafro. 124 111., 100. ^ An act concerning villages and incorporated towns. [Approved June 9, 1887. In force July 1, 1887. L. 1887, p. 116. 216. Election and powers of president.] Sec. 1. In addition to the trustees and officers required by law, a president of each and every village and incorporated town shall hereafter be elected annually by the voters of such village or town, at the regular election of , such village or town, commencing with the election of such village or town held in the year, A. D., 1888, and such president of any village or in- corporated town shall hold his office for the term of one year and until his successor is elected and qualified. The president of any village or incorporated town shall be president of the board of trustees thereof, and shall preside at all meetings of said board, and shall have tlie same powers and ])erform the same duties as are or may be given by law to the |)resident of boards of trustees in villages, but lie, also, shall not vote except ill case of a tie, when he shall give the casting vote. 217. Powers of president and trustees.] § 9. The president of the boaixl of trustees shall jierform tlie duties and exercise the powers con- ferred upon the mayor of a city and shall receive, as compensation there- for, a salary to be fixed by the board of trustees, which salary shall in no case exceed two thousand dollars ($2,0U0) per annum. And the trus- tees shall perform the duties and exercise all th^ powers conferred upon aldermen in cities; and the president and board of trustees may exercise the same powers conferred upon the mayor and city council of cities, and pass ordinances in like manner. The president of the board of trustees may exercise the same veto powers, and with like effect, as the mayor of a city ; and the board of trustees may pass ordinances over such veto in like manner as a city council. [As amended by act approved and in force May 22, 1889. L. 1889, p. 84. 1. This section, as to trustees of village, does not make applicable section 5 of ar- ticle 3 as to the qualifications of aldermen of cities; People v. Hamilton, 24 App., GOO. 2. This section does not repeal a charter of a cemetery association of May 7, 1867, exempting its lands from being taken for road or street purposes, although the ceme- tery lies within an incorporated village; llvde Park v. Oak wood C. xVssoc., 119 111. 144. 218. Style of ordinances.] § 10. The style of ordinances passed in villages shall be as follows : Be it ordained by the president and board of trustees of the village of ”, (as tlie case may be). 219. Appointment of officers — prescribe duties and fees.] g 11. The president and board of trustees may appoint a clerk pro tempore, and whenever necessary to fill vacancies ; and may also ap- point a ti’easurer, one or more street commissioners, a village constable, and such other officers as may be necessary to carry into effect the powers conferred upon villages, to prescribe their duties and fees, and Of the Organization of Villages. J3J require sucli officers to execute bonds as may be prescribed by ordi- nance. 220. Powers of constable.] § 12. Tlie village constable shall have the same powers to make arrests, execute process, and perform other official acts as other constables under the general laws of the state, together with such other powers as may be conferred on him by ordi- nance. 221. Annual election.] § 13. The annual election for trustees as provided in section eight, and for a clerk of the village, shall be held on the third Tuesday in April of each year, and special elections may be held, under such regulations as may be provided for by ordinance, to till vacancies in any office elective at the annual election, and for other purposes. [As amended by act approved May 28, 1^79. In force July 1, 1879. L. 1879, p. 67. 222. Annual election.] § 13. An annual election for three trustees and a clerk of villages shall be held on the third Tuesday of x\pril in each year ; Provided, that in villages the territorial limits of which coincide with the territorial limits of any township, an election for the trustees and a clerk of villages shall be held at the same time and at the same polling places as the annual township election, to wit : On the first Tuesday of April in each year. Special elections may be held, under such regulations as may be provided by ordinance, to fill vacan- cies and for other purposes. [As amended by act approved and in force March 11, 1881. L. 1881, p. 59. 1. The last two preceding sections do not seem to have been passed on by the re- viewing court. 2. Under the general law, for the incorporation of towns (R. 8., 1845, ch. 25), the people elect the trustees of the town and the trustees elect one of their own number • as president (see ii; 8, ante); neverthele.ss in giving notice for an election it is proper that the purpose designated shall be to elect a board of “president and trustees”; People V. Fairburg, 51 111., 149. 3. See § 216, supra, as to election of president of trustees. 223. Suits— jurisdiction— fines etc.] § 14. Suits aud prosecutions for the violations of any village ordinance may be prosecuted in the name of The village of ”, and justices of tlie peace and police magistrates shall have jurisdiction over such suits; and all fines and money so collected shall be paid in to the village treasury. 1. The adoption of the constitution, of 1870, placed police magistrates in the same grade with justices of the peace; Brown i\ Jerome, 102 111., 372. 224. Police magistrates.] § 15. There may be a police magistrate elected at a regular annual election in each village, who shall give bonds, qualify, and have the same jurisdiction as other justices of the peace, and hold his office for four years, and until his successor is elected and qualified. 1. Police magistrates can have no greater jurisdiction than justices of the peace, under the constitution of 1870; Phillips v. Quick, 63 111., 445. 2. A police magistrate is a justice of the peace; Lewiston v. Proctor, 23 111., 533. 3. A police magistrate, in a village situate in two counties, held office twelve years, duly commissioned; his office was in one county where his dockets were kept, he re- Ol-' tup: OliGANIZATIOK OF VILLAGES. si(l(Hl in tlin otlier county; an oIiic(;r (U; facto in the for*ier to take a valid acknowledg- nuMit; Mclson v Kessingtu-, Hi Apj)., 188. d. A])i)(‘al lie.s Iroiu a police magistral! to the circuit court; Newberry v. Bowen. 20 A pp., 015. An act to authorize) the eiection of police magistrates in towns, cities and villages whei-e the same are not now pi-ovided for by law. [Ap- ]>roved and in force April 18, 1875. L. 1875, p. 91. 225. Election — term of office — jurisdiction and fees.] § 1 . 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 ])olice magistrate, be and they are hereby authorized to elect one ])olice magistrate at the hi-st annual election of town, city or village officers that shall occur after the passage of this act, and quadrennially thereaftei’. Such police iiiagisti*ate shall hold their offices for the same term, be commissioned and qnalitied, and have the same jurisdiction and fees, as police magistrates of villages have under the general law for the incor])oration of cities and villages. 1. See Additional Laws — City Courts. 226. No incorporation allowed under prior laws.] § 16 . After the taking effect of this act, no town or city shall become incorporated under any other general law then in force for tlie incorporation of towns or cities. 1 . The duties imposed by this statute on the county judge in i-espect of the steps to be taken for the organizaiion of a village are not jud.cial duties. His acts in this respect are purely ministerial; Owners v. People, il8 111., 29G; Peoi)le v. Nelson, 138 111., 5G5; Kamp v. Peo|de, 141 111., 16. Therefore, his action in calling an election for village trustees has not the conclusive effect of a judgment. He decides nothing, , and, tiierefore the validity of the organization is openfo attack and maybe ques- tioned by quo warranto; Kamp v. People, 141 111., 16. 2. Where the validity of the organization of a village is contested, by quo warranto, those exercising corporate acts must justify and, in doing so, must in their answer state particulaily the organization. This can not be done without stating the juris- dictional fact of the residence of at least three hundred inhabitants in the territory composing the village. The people are not bound to show any thing; Kamp v. People, 141 111., 16. — the failure of the defendants to set up, by answer, the residence of the requisite number of inhabitanls, on no principle will excuse them from proving that fact, that being essen ial to their justitication; Kamp i\ People, 141 111., 16. 3. In such a p oceeding the relator may reply to the plea, setting out the proceed- ings to incor])orate, that at the time of the tiling of the petition with the county clerk there was not within the territory designated a population of at least three hundred inhabitants, as required by statute, and such replication will be good on demurer; Poor t'. People, 142 111,, 314. 4. A state’s attorney, 1)}^ introducing in evidence the petition for the organization, for the purpose of contradicting the recital therein that the territory incor])orate(l contained three hundred inhabitants, such evidence not being necessary on his part, is not thereby estopped from introducing testimony to contradict such recital. He may show, by parol evidence, that the re^quisite population was w'anting and thus de- feat the incorporation; Kamp v. People, 141 111., 16, ADDITIOML LAWS. 1. Agriculture — marketing produce. 2. Aliens. 3. Animals. 4. Annexing and excluding territory. 5. Cemeteries. 6. Change of name. 7. City courts. 8. Drainage and sewerage. 9. Elections. 10. Eminent domain. 11. Evidence. 12. Ferries and bridges. 13. Fire escapes. 14. Horse and dummy railroads. 15. Houses of correction. 16. Insurance. 17. Landings and levees. 18. Libraries. 19. Liquor law. 20. Officers. 21. Oil inspection. 22. Parks. 23. Plats. 24. Policeman’s and fireman’s fund. 25. Public buildings 26. Railroad aid. 27. Railroads. 28. Revenue. 29. Riot. 30. Roads and bridges. 31. Sale of property. 32. Schools. 33. Streets. 34. Telegraph companies. 35. Township organization. 36. Water works. 1. AGKICULTURE — MARKETING PKODUCTS. Section. 227. Farmer etc. may sell products without license. All act for tlie protection of farmers, fruit growers, vine growers and gardeners. [Approved January 13, 1872. In force July 1, 1872^ R. S., 1874, ch. 5, § 27. 227. Farmer etc. may sell products without license.] § 1 . Beit enacted Ijy the ])eople of the state of Illinois, represented in the general asseinhlij^ That every farmer, fruit and vine grower, and gardener, shall have an undisputed right to sell the produce of his farm, orchard, vine- yard and gauden in any place or market where such articles are usually sold, and in any quantity he ma}" think proper, without paying any state, county or city tax, or license, for doing so, any law, city or town ordinance to the contrary notwithstanding: Provided, that the corpo- rate authorities of any such city, town or village may prohibit the ob- struction 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 are or hereafter may be in force prohibiting the sale thereof. J34 Aliens. 2. ALIENS. Section. Section. 228. Employment of aliens in public ser- 281. False certificates avoid contracts and vice etc. prohibited. forfeit wages, 229. Ein])loyes on ])ublic work must show 232. Employes employed to the contrary citizenship or declaration of inten- to be discharged. tion. 233. Failure to take out final papers. 230. Money paid to the contrary — dis- bursing officer liable. An act to protect the labor of native and naturalized citizens and • of those who have in good faith declared their intentions to become naturalized American citizens. [Approved June 1, 188b. In force July 1, 1889. L. 1889, p. 2. 228. Employment of aliens in public service etc. prohibited. | § 1. Be it enacted hy the j^eople of the state of Illinois^ represented in the general assernhly^ That it shall be unlawful for any board or com- mission, or any officer or other person acting for the state, or for any county, towjiship, city, village, district or other municipality in the state, or any contractor or sub-contractor, under any or either of said municipalities, to employ any person or persons, other than native bom or naturalized citizens or those who have in good faith declared their intentions to become citizens of the United States, when such employes are to be paid, in whole or in part, directly or indirectly, out of any funds raised by taxation. 229. Employes on public work must show citizenship or decla- ration of intention.] § 2. It shall be the duty of any person or per- sons employing labor or other services, to be paid for, in whole or in part, directly or indirectly, out of any funds raised by taxation, to file with the treasurer or disbursing officer of such funds a certificate show- ing to the best of his knowledge and belief that the persons so em- ])loyed, and on whose account payment is to be made out of such public funds, are citizens of the United States, or have in good faith declared their intentions to become such citizens, or are of such age or sex that they can not declare their intentions to become citizens, or can not be formally declared to be citizens by an order of a court of record. 230. Money paid to the contrary — disbursing officer liable.] § 3. Anv treasurer or disbursing officer who shall knowinglv or wil- fully pay out any of the funds in his hands, raised by taxation, to any person not a native born or naturalized citizen, or who has not in good faith declared his intentions to become a citizen, for labor oi' any other services, shall be liable to the municipality to which such funds be- longed for the amount so paid, to be recovered in any court of compe- tent jurisdiction : Provided, that when such payment is made on the requisite certificate of the employer, no liability shall attach to such treasurer or disbursing officer. 231. False certificates avoid contracts and forfeit wages.) § 4. Any employer, contractor or sub-contnuUor, oi* othci* ])CJ’sun, Animals. 135 whose employes are to be paid in whole or in part, directly or indirectly, from funds raised by taxation, who shall knowingly or negligently make false certificate that said employes are native or naturalized citi- zens, or have declared their intentions to become citizens for the pur- pose of drawing such funds or any part thereof, shall be personally liable to the municipality to which such funds belonged for the amount so drawn, and any alien who earns wages, the pay for which is to come out of any such public funds by falsely representing that he is a native or naturalized citizen, or has declared his intention to become a citizen, shall forfeit the amount so earned. Such contract is declared null and void. 232 . Employes employed to the contrary to be discharged.] § 5. Whenever any employer, contractor or sub-contractor, by written or oral information, or from any source has reason to believe that he has in his employ persons other than native or naturalized citizens, or those who have in good faith declared their intentions to become citizens, whose pay is to be drawn in whole or in part, directly or indirectly from such public funds, he shall at once inv^estigate the matter, and if he shall find said information to have been correct, he shall discharge such employe or employes; and, a failure to do so shall render him liable to the municipality to which such funds belonged for any of such funds paid to such alien for labor or services performed after such discovery. 233 . Failure to take out final papers.] § H. In all cases where an alien, after filing his declaration of intention to become a citizen of the United States, shall, for the space of three months after he could law- fully do so, fail to take out his final papers and complete his citizenship, such failure shall be prinia facie evidence that his declaration of inten- tions was not made in good faith. 3. ANIMALS. Section. Section. 284. Animals not to run at large. 28(5. Penalty — civil damages. 235. Taking up— advertising — penalty — 237. When deemed an estray. redemption. 237a. Prohibition — penalty. An act to prevent male animals running at large, and for their re- straint. [Approved March S, 187’2. In force July 1 , 1872. L. 1871-2, p. 118 ; R. S., 1874, ch. 8 , § 8 . 234 . Animals not to run at large. § 1. it enacted hy the peo- ple of the date of Illinois^ represented in the general assembly^ That it shall be unlawful for any male animal, viz. : stallion, jackass, bull, ram or boar, to run at large in this state. 235 . Taking up — advertising — penalty — redemption.] § 2. That whenever any animal, as set forth in the first section of this act, shall be allowed, by its owner or owners, keeper or keepers, to run at largeorgounrestrained.it shall be lawful for any person to resti-ain the same by proper confinement and care; and the person so restrain- Animals. i;i(; iiiiz; sliall iininediately advertise such aiiiinal hy posting up in tliree of the most ])ul>lic places in the townshij) where the person so restraining shall reside, and the owner or owners, keeper or keepers of such animal shall he recpiircMl to pay to the person so restraining $5 for such restraint seventy-five cents for each of the three advertisements so posted up, and seventy-five cents per diem for their maintenance, while in his care; upon the payment of which, and the proper proof of ownership or agency for such ownershij), the person so restraining shall deliver up such animal, unless as provided in the third section of this act. 236 . Penalty — civil damages.) §3. Any owners or keepers of animals, as set forth in the first section of this act, who shall allow such animal to run at large or go unrestrained, in addition to the foregoing, as set forth in tlie second section of this act, upon complaint of any person or persons to any justice of the peace, or town othcer, having jurisdiction, such owner or owners, keeper or keepers, shall be deemed guilty of trespass, and shall be mulcted in a fine of not less than $5, nor more than $50, for each and every such offense. And, in addition to the foregoing, every such owner or owners, keeper or keepers, of such male animals, as set forth in the first section of this act, who shall allow such male animals to go unrestrained, or run at large, shall be deemed liable for all damages that may accrue to others, whether to their per- sons or their property, as stock breeders or otherwise, caused or brought about by the unrestraint or running at large of said male animals; and damage so accrued shall be recoverable by law in an action for damages in any court having jurisdiction of the same. 237 . When deemed an estray.] g 4. If such male animal shall remain in the possession of the person restraining it for thirty days from the time of advertising it, it shall be deemed an estray, and the laws of this state governing estrays shall be applicable to it. An act to prevent animals from running at large within the corporate limits of incorporated cities, villages and towns. [Approved June 16, 1891. L. 1891, p. 6. 237a. Prohibition — penalty — lien.] § I. Be it enacted hy the people of the state of Illinois, represented in the general assembly : That domestic animals of the species of horse, mule, ass, cattle, sheep, goat or swine, shall not be allowed to run at large within the corporate limits of any incorporated city, village or town in this state ; any law or ordinance to the contrary notwithstanding. § 2. Any owner of any such domestic animal who shall suffer or allow the same to run at large in any incor- porated city, village or town within this state shall be fined in any sum of not less than one dollar nor more than ten dollars for each any every animal so suffered or allowed to run at laige, which fine may be re- covered before any justice of the peace of th« county. § 3. Whenever any such domestic animal shall be found running at large, contrary to the provisions of this act, the same maybe restrained by any resident of the incorporated citv, village or town in which the same is found run- ning at large until dhe fine and costs are ]>aid, and, also, all damage done by any such domestic animal so running at large to the propei’ty of the person restraining. Annexing and Excluding Territory. 137 4. ANNEXING AND EXCLUDING TERRITORY. Section. 238. Annexation of adjoining cities etc. — proceeding — election — result. 239. Annexation of parts of cities etc. — proceeding — election — result. 240. Annexation in part or whole may be submitted together. 241. Assumption of debts and liabilities — bonds — school debt. 242. Annual tax levy, to include annexed territory. 243. Collection of taxes not stayed — ap- plication of proceeds. 244. Prosecution and defense of pending actions. 245. Parts of cities etc. annexed — debts to be apportioned — title to public property. 246. Parts of cities etc. annexed — annual tax levy apportioned. 247. Improvement of streets. 248. Opening of streets not arrested. 249. Rights and priveleges as to water works — gas or electric light sys- tems. 250. Submission of matters in dispute. 251. Tranfer of public records and papers. 252. Officers in detached portions hold until the next annual election. Section. 253. Justices and police magistrates hold until term ended. 254. Policemen and firemen continue as such in territory to which annexed. 255. Licensing dram shops — liquor law. 256. Wards, how constituted — represen- tation in city council. 257. Sewerage system and drainage dis- trict. 258. Territory annexed to towns, under act of 1887, may be annexed to cities etc. in such towns. 259. Repeals. 260. Emergency. 261. Disconnecting territory — ordinance. 262. Ordinance recorded. 263. Judicial notice. 264. Repeals. 265. Emergency. 265a. Disconnecting territory — election. 265b. Procedure on two or more petitions. 265c. Taxation ; prior assessment. 265d. Title of property — new town. 265e. Division of property and debt. 265f. Division of tax on prior levy. 265g. Public improvements not stayed. 265h. Sewerage, water, light. 265i. Offices — vacancy. 265j. School district or township. An act to provide for the annexation of cities, incorporated towns and villages, or parts of same, to cities, incorporated towns and villages. [Approved and in force April 25, 1889. L., 1889, p. 87. 238 . Annexation of adjoining cities, etc. — proceeding — elec- tion — result.] § 1. Be it enacted hy the peojjle of the state of Illinois^ represented in the general assembly: That, where an incor- porated city, town or village adjoins another incorporated city, town, or village, it may be annexed thereto in the manner following, that is to say : A petition shall be presented to the judge of the county court of the county wherein such incorporated city, town or village to which such annexation is sought is situated, asking that the question of annexation be submitted to the legal voters of the city, village or incorporated town sought to be annexed, and the legal voters of the city, village or incorporated town to which it is sought to annex the same. Such petition shall be signed by not less than two hundred and fifty (250) of the legal voters of the city, village or incorporated town sought to be annexed, unless the votes cast in said city, village or i;58 Annexing and Excluding TEKuiToiiy. incorporated town at the last preeeding general eleetion numbered less than live hundred (500), in which case tlie petition shall be signed by one-third (^) of the legal voters of such city, village or incorporated town, and, thereupon, said county judge shall cause to be submitted the question of annexation to the voters of the incorpomted city, town or village sought to be annexed, and to the voters of the incorporated city, town or village to which it is sought to annex the same, at an eleetion to be holden in each of said incorporated cities, towns or villages. Such question may be submitted at either a special election called for that purpose, or at any municipal election, or at any general election. Notice of the election, hereby required, shall be given by caus- ing notices thereof to be published in at least one newspaper published in said county, within which said city, village or incorporated town may be to which territory is sought to be annexed, at least fifteen (15) days before such election, by the clerk of the county court. The ballots cast at such election to be written or printed, or partly written or partly printed, “For annexation,” “of” (here name the city, village or incor- porated town to be annexed) “ to ” (here name city, village or incor- porated town to which annexation is sought), or, “Against annexation,” “of ’’(here name city, village or incorporated town to be annexed), “to” (here name city, village or incorporated town to which annexa- tion is sought), respectively, to be received, canvassed and returned the same as ballots for municipal officers of such incorporated cities, towns or villages, and the officers who are charged by law with the duty of canvassing such votes shall file, or cause to be filed, with the clerk of the county court of such county a certificate of the result of such can- vass immediately upon ascertaining the result thereof, and if it shall appear that a majority of the voters of each incorporated city, town or village, so voting upon the question of annexation at such election, vote for annexation, thereupon the jurisdiction of the incorporated city, village or town to which such other incorporated city, village or town is annexed, shall extend over said territory ; but, if it shall appear that a majority of the voters of any incorporated city, town or village, so voting upon the question of annexation when such question is first submitted, vote against annexation, any petition thereafter presented to the judge of the county court, shall be signed by not less than one- eighth of the legal voters of the incorpoi’ated city, town or village which is sought to be annexed to an adjoining city, village or incor- porated town, so voting against annexation. Annexing and Exoll’ding Teukitoiiv. 138 ^ • 1. The constitutionality of an act extending town limits so as to include farming lands, contrary to the owner’s wish, can not be raised by writ of quo warranto, ques- tioning the authority of town officers to act as such within the extended boundary; People V. Whitcomb. 55 111., 173. 2. The statute of 1887 (L., 1887, p. 300) to amend sections . . . of an act entitled “an act to revise the law in relation to township organization,” approved and in force March 4, 1874, in so far as it attempts to change the boundaries of incorpo- rated cities, towns and villages by limiting or extending their territorial boundaries and jurisdiction is unconstitutional and void; Donnersberger Prendergast, 128 111., 232. — so far, however, as it relates to proceedings to annex partof the territory of one town to a contiguous town, disconnecting from the former the section is a valid law; Donnersberger Prendergast, 128 111., 334. — the title of the statute, which is “ an act to amend sections two (2), four (4), six (6), seven (7), ten (10), eleven (11), and twelve (12), of article 3 of an act entitled ‘an act to revise the law in relation to township organization,’ approved and in force March 4, 1874,” does not carry with it power to change the boundaries of cities and villages; unless the change thereof be necessary to effectuate a change of township boundaries or, at least, to promote such object; Donnersberger v. Prendergast, 128 111., 233. 3. The statute of 1889 “ for the annexation of cities, incorporated towns and villages, or parts of the same, to cities, incorporated towns and villages ” (§ 241) does not divest any vested rights in school property of districts or townships. The act expressly pre- serves all trusts with which the fund and property was impressed in the possession of the district etc. The only change is in the trusteeship; M’Gurn v. Board of Educa- tion, 133 111., 136. —nor does this statute contravene the constitution as to the title of the act (art. 4, § 11). The several school districts, townships and boards of education are not two classes of corporations, existing under diverse laws with different functions, powers and objects; M’Gurn ■y. Board of Education, 133 111., 133. — the affirmative provisions, of the act, relating to school property and indebtedness of the annexed territory are strictly germain to the subject expressed in the title; M’Gurn v. Board of Education, 133 111., 135. 4. By the annexation of two or more cities, creating one, the indebtedness of neither is increased; True v. Davis, 133 111., 532. — the constitutional prohibition limiting municipal indebtedness (art. 9, § 12) does not prevent the annexation of two or more cities, incorporated towns or villages to each other, as provided for by the statute, of 1889, for the annexation of cities, towns and villages (§§ 238-260); True v. Davis, 133 111., 530. 5. The annexation of territory to a city does not necessitate the formation of a code of municipal law for the government of the annexed territory. By becoming a part of the city it is, ipso facto, made subject to the laws governing the city; M’Gurn v. Board of Education, 133 111., 131. 6. Under the statute of 1889, to establish and maintain a system of free schools (L., 1889, p. 256), whenever there is an organized school district and one or more public schools is or are annexed to a city with a population of over one hundred thousand, the jurisdiction of the board of education immediately attaches and the school district and its officers become functus officio (art. 6, § 17); M’Gurn v. Board of Education, 133 111., 133. Annexing and Excluding Territory. 7. If the limits are so extended as to include therein a part of a former public road, the city becomes invested with the entire control thereof. This is so when such ]>art of a road has been under the management of a jdank road company; Snell v, Chicago, 133 111., 441. —the fee of streets is vested in the city, in which they are situate, for the u.se of the public to whom their free and untramracled use belongs. Streets can not be under the control of two bodies; Snell xi. Chicago, 133 111., 440. — a tax levied by highway commissioners for the repair or improvement of a road or street lying within city limits is unlawful; Snell v. Chicago, 133 111., 441. 239. Annexation of parts of cities etc. — proceeding — election — result.] § 2. Wbeii the inhabitants of any territory not less than one-half square mile in extent, and less than the whole of an incorpo- rated city, village or town, and which territory shall be contiguous to and adjoining the territory of another incorporated city, village or town, desire to be annexed to such other incorporated city, village or town, such annexation may be effected as follows : A petition shall be presented to the judge of the county court wherein such incorpo- rated city, town or village is situated to whieh annexation is desired, signed by not less than one hundred of the legal voters of the territory sought to be annexed, asking that the question of annexation of the territory described in the petition may be submitted to the legal voters of the city, village or incorporated town, from whieh said territory is to be taken, and to the legal voters of the city, village or incorporated town to which it is sought to annex the same. Such territory shall be described in said petition, and, thei’eupon, said county judge shall cause to be submitted the question of the annexation of such territory to the voters of the incorporated city, town or village from which it is sought to disconnect territoiy, and to the voters of the incorporated citv, town or village to which it is sought to annex the same, at an elec- tion to be holden in each of said incorporated cities, towns or villages. Such question may be submitted at either a special election called for that purpose, or at any municipal election, or at any general election. Notice of the election hereby required shall be given by causing notices thereof to be published in at least one newspaper published in said county within which said city, village or incorporated town may be, to which territory is sought to be annexed, at least fifteen days before such election, by the clerk of the county court. The ballots cast at such election to be written or printed, or partly written and partly printed “For annexation of” (here describe territory of city, village Axi^ExixG AND Excluding Territory. 139 or incorporated town to be annexed) ‘‘to” (here name city, village or incorporated town to wliicli annexation is sought) or “Against annexa- tion of” (here describe “territory of city, village or incorporated town to be annexed) “ to ” (here name city, village or incorporated town to which annexation is souglit), respectively to be received, can- vassed and returned the same as ballots for municipal officers of such incorporated cities, towns or villages; and the officers who are charged by law with the duty of canvassing such votes shall file, or cause to be filed, witiQ the clerk of the county court of such county, a certificate of the result of such canvass immediately upon ascertaining the result thereof ; and if it shall appear that a majority of the voters of each city, village or incorporated town, so voting upon the question of annexa- tion, at such election vote for annexation, thereupon the jurisdiction of the incorporated city, town or village shall extend over said territory so annexed ; but, if it shall appear that a majority of the voters of any territory less than the whole of an incorporated city, village or town, so voting upon the question of annexation, when said question is first submitted, vote against annexation, any petition thereafter presented to the judge of the county court for the annexation of the same terri- tory shall be signed by not less than one-eighth of the legal voters of the territory so voting against annexation. 1. Election under an unconstitutional law, attaching to a town wholly within the limits of a city territory detached from another town, is itself void; Hyde Park v. Chicago, 124 111., 160. 240. Annexation in part or whole maybe submitted together.] § 3. If petitions are presented to the county judge as prescribed in this act for the annexation of the whole, and also for the annexation of a part or parts of a city, village or incorporated town to a city, village or incorporated town, the said county judge shall submit such questions as petitioned for by each petition, and if at such election the result of the votes shall be against annexation of the whole, but shall be in favor of annexation of a part or ])arts and such parts combined as one terri- tory are contiguous to such city, village or incorporated town, or if any such part be contiguous to such city, village or incorporated town, then such contiguous territory shall be annexed the same as though no proposition had been submitted to annex the whole thereof. 241. Assumption of debts and liabilities — bonds — school debt.] § d. The city, village or incorporated town to which the whole of another city, village or incorporated town is annexed under the pro- visions of this act shall assume and pay any and all debts, liabilities, bonds or obligations and interests thereon of the city, incorporated town or village so annexed and shall become vested with title and ownership of all property belonging to said city, village or incorporated town so annexed, to be held for the same purposes and to the same uses, subject to the same conditions as theretofore, and if the public schools of such enlarged city, village or incorporated town are all in charge and under the control of one board of education, the said enlarged citv, village or incorporated town shall assume aiid pay tiie 140 ANXi:xiN(i AND Excluding Territoi{Y. indebtedness of eacli seliool district oi- township lying wholly therein, and shall become vested with the title and ownership of all property belonging to any school district or township lying wholly therein, to be held for the same purj^oses and to the same uses and subject to the same conditions as theretofoi'e. If the bonds of said city, village or incoi’porated town so annexed, or of any school district or township lying wholly therein have been registered in the office of the state auditor of ])ublic accounts, in accordance with the statute, the county clerk shall certify the fact of such annexation forthwith to said state auditor, and said state auditor shall not thereafter certify any rate per centum to the county clerk, nor shall the county clerk thereafter extend any such rate for the payment of said bonds or interest thereon upon the taxable property of such city, town or village so annexed, or school district or township. All debts, bonds and obligations of the united municipality to be paid by the enlarged city, village or incorporated town. And, if there be a portion of a school district or township lying within, and a portion lying without such annexed territory, the debts of such school district or township shall be paid, and the property divided in the same manner as is provided for paying debts and divid- ing property in section eight (8) of this act wdiere parts of cities, vil- lages or incorporated towns are annexed to other cities, villages or incorporated towns. 242 . Annual tax levy, to include annexed territory.! § 5. When the whole of a city, village or incorporated towm is annexed to another city, village or incorporated towm, under the provisions of this act, and the corporate authorities of such city, village or incorporated town so annexed shall have passed an ordinance, termed the annual appropriation ordinance, but not an ordinance levying a tax for the purpose of collecting a sufficient sum of money to defray the total amount of appropriations for all corporate purposes for that fiscal year, then the corporate authorities of the city, village or incorporated town to which such territory is annexed, shall have the right to include the amount of such appropriations in the annual tax levy of such city, vil- lage or incorporated town, the same as though such appropriations had been made by the city, village or incorporated town to which such other cit}", village or incorporated town is annexed. The said taxes may be used by the city, village or incorporated town to which annex- ation is had for the purpose for which such appropriation was made by the city, village or incorporated town so annexed. See g 99 as to tlie fiscal year. 243 . Collection of taxes not stayed — application of proceeds.] § H. When the whole of an incorporated town, city or village shall be annexed to another city, village or incorporated town, it shall not arrest, stay or interfere with any proceedings for the collection or enforcement of any tax, special assessment, or special tax, but the same shall proceed and be carried to a finality as though no such annexation had taken place, and the proceeds thereof shall be paid over to the Annexing and Excluding Territory. m treasurer of tlie city, village or iiicoi-porated town to which such other village, city or incorporated town is annexed, to he used for the purpose for which the tax was levied or the ]3roceedings instituted. 244. Prosecution and defense of pending" actions. J § 7 . All suits pending in any court on behalf of or against any village, city or incor- porated town, the whole of which is under the provisions of this act annexed to another city, village or incorporated town, may he prose- cuted or defended in the name of the city, village or incorporated town so annexed, and all judgments, fines, decrees or recovei’ies obtained for or on behalf of any village, city or incorporated town so annexed to another may be collected and enforced with like force and effect as though such annexation had not taken place, in the name of the city, village or incorporated town so annexed. 245. Parts of cities etc. annexed — debts to be apportioned — title to public property.] § 8. When a part of the territory of a city, village or incorporated town is taken therefrom and annexed to another city, village or incorporated town, under the provisions of this act, then the proportionate share of any indebtedness, contract or liability of such city, village or incorporated town from which such territory is taken shall be assumed and paid by such enlarged city, village or incor- porated town according to the taxable property in such disconnected territory as the same existed immediately before such annexation ; and, if the public schools of such enlarged city, village or incorporated town shall be in charge and control of one board of education, then the propor- tionate share of any indebtedness of any school district or townshi{) shall be assumed and paid by snch enlarged city, village or incorpo- rated town, according to the taxable property in such part of such dis- connected territory within such school district or township as the same existed immediately before such annexation; and, if the whole, of a school district or township is annexed, then, such municipality shall as- sume and pay all the indebtedness of such school district or township. The amount of the said indebtedness to be paid by said enlarged cit^^ town or village shall be determined and agreed upon by the city coun- cil of the city or trustees of the village or incorporated town to which such territory is annexed, and the city council of the city or trustees of the village or incorporated town from which such territory is taken, or the school authorities of the school district or township of which such disconnected territory was a part, as the case may be, in such manner as they shall elect; if they can not agree, then the matter shall be de- termined by the circuit or county court of the county in which such municipal corporation may be to which such annexation is made by pe- tition of' either municipal corporation or of any tax payer of either municipality. The court shall hear and determine the matter in a summary manner without pleadings, and shall pronounce judgment as the right and equity of the matter may demand. If the respective cor- porate authorities shall agree as to the amount to be paid by such en- larged city, town or village, then each shall pass an ordinance or a resolution reciting the amount thereof to be paid, a co])y of which said 142 Annexing and Excluding Territory. ordiiuiMce or resolution slmll be duly certified by the clerk of the city, village or incorporated town, to which sucli territory is annexed, and tiled with the county clerk of the county wherein such enlarged city, town or village may lie, and by him certified to the state auditor of public accounts, and which said ordinance or resolution shall be final and conclusive in all proceedings as to the amount of indebtedness so to be ]>aid. If a judgment or decree shall be entered by a circuit or county court as herein provided, then a certified copy thei’eof shall be made by the clerk of said court, and filed with the clerk of each of the said municipal corporations and with the county clerk, and by the county clerk certified to the state auditor of public accounts, and such judgment shall be final and conclusive in all proceedings as to the amount of indebtedness to be paid by each municipality. The state auditor shall not thereafter certify any rate per centum to the county clerk, nor shall the county clerk thereafter extend any rate upon the taxable property of said annexed territory for the payment of any of said bonds or interest thereon so issued by the city, incorporated town or village from which it is disconnected. Said enlarged city, town or village shall be vested with the title and ownership of all the public and school property in such annexed territory, and shall be charged therewith in the division of the public property of such dismembered city, incorporated town or village, or school district, or township, be- tween said municipalities, or between said enlarged city, town or vil- lage, and any dismembered school district or township, as the case may be, and the territory not annexed shall be cliarged with all the public property within sucli territory, and all the public funds in the hands of the corporate authorities, such division to be agreed upon by the same authorities or settled by the court in the same mannei- and upon the same basis as above provided for in dividing the indebtedness of said dismembered municipality or school district or township. 246. Parts of cities etc. annexed — annual tax levy appor- tioned.] § 9 . When a part of a city, village or incorporated town is annexed to another city, village or incorporated town, and before such annexation, the municipal authorities of the city, village or incorpo- rated town from whicli the territory is detached had made an annual tax levy, then in such case there shall be ])aid over to the treasurer of the city, village, or incorporated town to which such territory is annexed, the pro rata share paid by such territory of said tax lev}" for said year according to the taxable property therein, as the same ex- isted immediately before such annexation, and charging such territory its proportionate share for the expired part of the fiscal year. 247. Improvement of streets.] § 10 . AVhen a part of a city, vil- lage or incorporated town is annexed to another city, village or iricor- porated town, under the provisions of this act, and prior to such annexa- tion proceedings had been instituted for the purpose of improving any streets within such detached portion by special assessment or special taxation, then in such case such proceedings may he can’ied to a finality whether the whole impi-ovement he within the detached poi’tion or not. Annexing and Excluding Territory. 143 If the whole improvement is to be made within the detached portion, then the amount collected by such proceedings shall be paid over to the city, village or incorporated town to which such territoiy is annexed, to be used by such city, village or incorporated town for the purpose for which such proceedings were instituted. If only a part of such im- ])rovement is to be made within the detached territory, then the city, village or incorporated town from which such territory is detached may proceed with the same as though such annexation had not taken place. 248. Opening of streets not arrested.] § 11. When a part of a city, village or incorporated town is annexed to another under the pro- visions of this act, then, in that case any proceedings instituted for the purpose of taking land for the purpose of opening any street or alley, or other public way within the territory so annexed, shall not be arrested or stayed,'^but the same may proceed to a finality if the city, village or incorporated town to which such territory is annexed so elect, and all moneys received from any special assessment or tax levied or assessed for such purpose shall be paid over to the city, village or incorporated town to which sucli territory is annexed, to be used by it for the pur- poses for which the same was collected, such proceedings to be con- tinued in the name of the city, village or town from which the terri- tory is detached, with like force and effect as though the said territory had not been detached therefrom. 249. Rights and privileges as to water works — gas or electric light systems. | § 12. If a part of a city, village or incorporated town be annexed to another village, city or incorporated town, then such part of the city, village or incorporated town shall have the same use and benefit of any water works, gas or electric light system owned by such city, village or incorporated town prior to such annexation, on the same terms, conditions and restrictions that it had before such annexation ; and on the same terms, conditions and restrictions, said territory not annexed may thereafter receive the use and benefit thereof ; and, if a portion of the territory of any city, village or incorporated town be annexed to another city, village or incorporated town, then the portion of the city, village or incorporated town not annexed shall have the same use and benefit of any water works, gas or electric light system owned by such city, village or incorporated town prior to such annexa- tion, on the same terms, conditions and restrictions that it had before such annexation, and on the same terms, conditions and restrictions said territory annexed may thereafter receive the use and benefit thereof. Either part of such village, city or incorporated town receiving such benefits as aforesaid, may have its said rights and benefits waived by the city council or board of trustees of a city, village or incorporated town, to and from wdiich said territory is annexed and detached, upon such just and equitable terms as they may agree, and if they can not agree, then the matter shall be determined by the circuit or county court of the county within which such city, village or incorporated town to which territory is annexed may lie, on petition of any person interested therein. Said court shall determine the matter aforesaid in a summary 144 Annexing and Excluding Ti-hkitory. inaniier ami, witlioiit formal ])rocecdings, pronounce judgment as the right and e(|uity of tlie ease may recpiire, and such judgment shall be iinal and conclusive. 250 . Submission of matters in dispute.] § 13. When a part of a city, village or incorporated town sliall be, under the ])rovisions of this act, annexed to anotlier city, village or incorporated town, tlien, in case the municipal authorities of the municipal corjioration from which the territory is detached and of the municipal corporation to which it is attached can not, by ordinance, agree as to the division of the jiroperty or the settlement of their respective rights and all matters arising out of said annexation within sixty days thereafter, then the circuit or county court, of the county within which either municipal corporation may be, shall hear and determine all matters so in dispute and give judgment or decree as the right of the matter iriay demand on petition of either municipal corporation, and such judgment shall be final and conclusive. 251. Transfer of public records and papers.] § 14 . All public books, papers and do('uments, when the whole of an incorporated city, town or village is annexed, under the provisions of this act, on file in any office or with any officer thereof, shall be transferred to and filed with the appropriate officer or department of the city, incorporated town or village to which such annexation is made, as the city council or board of trustees thereof, as the case may be, shall direct; and, it shall be the duty of all persons having charge of such bouks, papers and documents to deliver the same to and file the same with the appropriate officer or department as in this section provided. 252. Officers in detached portions hold until the next annual election.] § 15. When a ]^art of a city, village or incorporated town shall be annexed to another city, village or incorporated town, and any mayor, president, alderman or trustee, clerk, treasurer or attorney for such municipality from which the territory is detached shall reside in the territory so detached, then, he shall continue in office as an officer of such municipal corporation until the next annual municipal election of such city, village or incorporated town as the case may be. ’ 253. Justices and police magistrates hold until term ended.] § Ifi. When the whole or any^ part of such city, village or incorporated town shall be annexed to another city, village or incorporated town, under the provisions of this act, then any justice of the peace, or police magistrate, duly elected, qualified aud acting at the time that an- nexation shall take effect, shall continue to hold their offices for the terms for which they were respectively elected. All suits, actions, ]>ro- ceedings, com])lainis, prosecutions and special proceedings which shall be pending in the territory annexed before any justice of the peace, shall be heard and determined as though annexation had not taken place, and the said justices of the peace shall continue to exercise within said territory, the functions of their respective offices until the teian thereof shall respectively expire or otherwise sooner be determined, in the same manner as though annexation had not taken place, and the powers and jurisdiction of said justices wfithin said territory, and their Annexing and Excluding Territory. 145 fees and emoluments and metliods of procedure sliall be as tbongb an- nexation luid not taken place. But, nothing in this section contained shall authorize any service of process issued by a justice of the peace or police magistrate of the city, village or incorporated town, or give any such justice of the peace jurisdiction outside of the territory to which his jurisdiction was limited before such annexation, or interfere with the jurisdiction of any justice of the peace or police magistrate of the city to which it is annexed over the territory annexed. At the expira- tion of the term of such justices of the peace or police magistrates, all dockets and books, papers and files of their respective offices shall be filed and deposited with any justice of the peace of the city, village or incorporated town to which said territory is annexed that the circuit court of the county shall designate by order of the court. 254. Policemen and firemen continue as such in territory to which annexed.] § 17. All policemen and firemen lawfully in the employ of any city, village or incorporated town, the whole of which may be annexed to another, as provided in this act, shall be transferred to and become a ])art of the police and fire department force of such city, village or incorporated town. 255. Licensing dram shops — liquor law.] § 18. When a part or the whole of an incorporated town, village or city is annexed, under the provisions of this act, to another city, village or incorporated town, and prior to such annexation an ordinance was in force prohibiting the issu- ing of licenses to keep dram shops within said territory so annexed, or any part thereof, or, providing that sucli licenses shall not be issued except upon petition of a majority of the voters residing within a cer- tain distance of such proposed dram shops, then such ordinance shall continue in full force and effect, notwithstanding such annexation: Provided, the citv council or board of trustees, as the case niay be, may, on petition of one-fourth of the voters of the territory over which said ordinance extends, submit at an annual municipal election, but not of- tener than every other municipal election, the question to the voters of such territory whether or not an ordinance shall be passed authorizing the issuing of dram shop licenses for such territory : And, provided, further, that upon petition in such case of one-fourth of the voters within any part of said annexed territoiy not less than one half square mile in extent, asking that any such ordinance shall be continued in force in said portion of said annexed teridtory, said question of issuing dram shop licenses shall be submitted separately to the voters of said portion of said annexed territory, and if a majority of the voters, voting on such question, vote against dram shops, then said ordinance shall continue in force in said portion of said territory ; otherwise, not. The ballots cast at such election shall be written or printed, or partly written and partly printed, For Dram Shops”, or “ Against Dram Shops”, respectively, and shall be received, canvassed and returned the same as ballots cast at said election for municipal officers, and if it shall appear that a ma- jority of the voters so voting upon the question vote ‘‘For Dram Shops,” then licenses may be issued for said territory on the same terms 19 Annexing and Excluding Teuiutory. m; and c.omlitions as licenses ai’e i^ranted l>y ordinance within other parts of tlie municipality. It is intended by this section to continue in full force and elfect all ordinances of any municipality, the whole or part of which is annexed to another city, incorporated town or vdllage, whereby the licensing of dram shoj)S is prohil>ited or regulated within said city, village or incorporated town, or any })art thereof, without the voters of the territory so affected consent, as hereby provided, to the repeal of such ordinance by the city, village or incorporated town to which th(* tei’ritoiy is annexed. 256. Wards, how constituted — representation in city council.] § lb. Whenever the whole or a part of any city, village or incorporated town is annexed to a citv having 30,000 inhabitants or more, and such annexed territory is three or more square miles in extent, or contains 15,000 inhabitants and not more than 25,000 inhabitants, then such annexed territory shall constitute a ward of the city to which it is an- nexed, and the city council of such city shall authorize the legal voters of such annexed territory to elect two aldermen from such ward in such annexed territory, which sa^d aldermen from such annexed terri- tory shall be additional aldermen to the number theretofore required in such city, and shall possess all the qualifications of and be elected at the time and in the manner provided by law: Provided, that if said annexed territory sliall contain more than 25,000 inhabitants, then the city council shall authorize the legal voters of such annexed territory to elect two aldermen for every 25,000 iidiabitants thereof, and two additional aldermen for a fraction o[ 15,000 inhal)itants or more, the number of inhalhtants to be determined by the last preceding national, state or school census of such annexed territory, and if any such an- nexed tei’ritorv has less than 15,000 inhabitants and is less than three square miles in extent, then the city council shall annex it to any ward or wards whicli it adjoins: Provided, further, that no thing herein sliall prevent the city council from re-districting such city according to law. 257. Sewerage system and drainage district.] § 20. When the whole of a citv, village or incorporated town, or part of the same, is annexed to another city, village or incorporated town, under the pro- visions of this act, and within such territory so annexed, sewers were before such annexation laid or built by special assessment, then in such cases the city, village or incorporated town to which such territory is annexed mav continue to lay or build sewers or establish a drainage system bv drainage districts within such annexed territory by special assessment or special taxation if it shall so elect. 258. Territory annexed to towns, under act of 1887, may be annexed to cities etc. in such towns.] ^21. Whenever any terri- torv, being a part of a city, village or incorporated town, has been annexed to an adjoining town which is wholly within the limits of a city, village or incorporated town, under the provisions of aii act en titled ‘h\n act to amend sections 2, 4, b, 7, 10, 11 and 12 of article 3 of an act entitled ‘An act to revise the law in relation to townshi[) organiza- Annexing anj) Excluding Teruitory. 147 tion, approved and in force March 4, ISTf appi’oved June 15, 1887, in force July 1 , 1887”, then and in such cases such territory which has been so annexed to and become a part of the city, village or incor- porated town within which such town lies, to which such territory has been annexed in the manner following, viz.: A petition may be pre- sented to the county board of the county within which such city may lie, signed by a majority of the legal voters of tl»e territory so annexed to such town, and thereupon if said county hoard shall tind that such petition is signed by a majority of the legal voters of said territory, the county board shall thereupon by resolution annex such territory to said city, village or incorporated town. And, upon such declaration by tlie county board the limits of said city, village or incorporated town shall, thereupon, be extended to include the territory annexed to said town : Provided, this section shall not be held to prohibit the annexa- tion of such territory in any other manner, as provided in this act. 259 . Repeals.] g 22 . All acts and parts of acts in contiict herewith are hereby repealed. 260 . Emergency.] § 23. Whereas, an emergency exists, therefore this act shall be iu force and take effect from and after its passage. An act in relation to the disconnection of territory from cities and villages. [Approved and in force May 29, 1879. L., 1879, p. 77. 261. Disconnecting territory.] §1. Beit enactedhy the people of the state of Illinois^ represented in the general assemhly^ That when- ever tlie owners I’epresenting a majoiity of the area of land of any ter- ritory within any citv 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 vil- lage, 'praying the disconnection of such territory therefrom; suc’n peti- tion shall be filed witli the city clerk of such city, or the president ol the trustees of such village, accompanied w'ith a certificate of the county clerk, showdng that all city taxes or assessments due up to the time of presenting such petition are fully paid, at least ten days before the meeting of such city council, or tiustees, ax wdiich it is ])roposed to present such petition, and the city clerk of .such city, or president of the trustees of such village, shcill pi'esent such j^etition to the city coun- cil or trustees, as the case uiay be, and upon such presentation, the city council of such city, 01 - 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, how'ever, that the territory so disconnected shall not thereby be exempted from taxation, for the purpose of paying any indebtedness conti*acted by the corporate authori- ties 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 terri- tory had not been disconnected, until such indebtedness is fully paid. 262 . Ordinance recorded.] g 2. A copy of the ordinance discon- necting territory from any city or village, certified by the clerk of such 148 Annexing and Excluding Territory. city, or j)resideiit ot the trustees of such village, shall be filed for record and recorded in the recorder’s office of the county in which such dis- connected territory is situated, and another copy of such ordinance, so certified, shall be hied with the clerk of the county court of the county in which such disconnected territory is situated. 263. Judicial notice.] § 3 . All courts in this state Bhall take judicial notice of cities and villages, and of the changes made in their territory, under this act. 264. Repeal.] § 4. All acts and parts of acts in conflict with this act are hereby repealed. 265. Emergency.] § 5. Whereas, there is no valid law in force in this state enabling cities and villag.es to decrease their corporate limits, and special legislation therefor by the general assembly is forbidden by the constitution of this state, therefore an emergency exists why this act should take effect immediately; therefore this act shall take effect and be in force from and after its passage. An act to provide for the division of incorporated towns. [Approved June 13, 1891, in force July 1, 1891. L. 1891, \\ 74. 265a. Disconnecting territory ; election.] § 1. Be it enacted hy the ^people of the state of Illinois^ represented in the general assembly^ That any portion of an incorporated town, such portion having an area of not less than one square mile and a resident population of not less than one thousand, and lying u])on the border and within the boundary of such incorporated town, may be disconnected from such town as a separate town, in manner following, that is to say: a petition shall be })i'esented to the county jndge of the county in wliich such incorporated town is situated, asking that the question of disconnection be submitted to the legal voters of such town. Sucli petition shall, clearly, define the boundary of such territory sought to be disconnected, shall state tlie ])opulation thereof and the name proposed for the town to be organized therefrom, and shall be signed by not less than one hundred of the legal voters residing within the limits of the territory sought to be discon- nected ; unless the votes cast by the voters residing within the limits of such territory at the last preceding election numbered less than five hun- dred, in which case the petition shall be signed by one-fifth of the legal voters residing within the limits of such territory ; and, thereupon, the said county judge shall cause to be submitted the question of discon- nection to the voters of such incorporated town at an election to be held in such incorjiorated town. Such question shall be submitted at the next succeeding general or municipal election, provided such general or municipal election sliall he holden at a time not less than twenty days or more than sixty days after the presentation of said petition to said county judge. In case the next succeeding general or municipal elec- tion shall be holden at a time within twenty days or more than sixty days after the presentation of said jietition, as aforesaid, then the .said county judge shall order a special election to be holden in said town, after the manner of holding town elections, at a time not more than thirty days after the presentation of said petition. Notice of the election hereby required shall be given, by causing notice to be published in, at least, one newspaper published in said county, within which said incor- Annexing and Excluding Terkitory. 148 ^ porated town may be, at least fifteen days before such election, by the clerk of the county court. The ballots, cast at such election, to be writ- ten or printed, or partly written and partly [)rinted “for disconnection of” (here state the limits of the territory sought to be disconnected) or “ against disconnection of ” (here set out the limits of the tei’ritory sought to be disconnected) respectively, to be received, canvassed and returned the same as ballots for municipal officers of such incorporated town and the officers who are charged, by law, with the duty of canvos- sing such votes shall ascertain the exact residence of each voter voting at such election, either from the books of registration or from the oath or affirmation of such voter; and, in election precincts which are inter- sected by the boundaries of the territory sought to be disconnected the judge of election shall procure an additional ballot box, in which shall be deposited only the ballots of voters residing within the limits of the territory so sought to be disconnected, and shall hie, or cause to be hied, with the clerk of the county court of such county, a certihcate of such canvass, immediately ii})on ascertaining the result thereof, in which cer- tihcate such officers shall state as well as the results of the entire vote, as canvassed by them, the number of votes cast by the voters residing within the limits of the territory so sought to be disconnected and the number of votes for and the number of votes against the question so submitted, as cast by such voters, and if it shall aj^pear that the majority of the voters of such incorpoi’ated tovni as well as a majority of the .voters residing within the li*mit3 of the territory sought to be discon- nected, so voting u|)on the question of division, at such election vote for disconnection, tliereupon such territory shall become disconnected and wholly set apart from such town, both as an incorporated town and as a town under the township organization laws, under the name proposed in the aforesaid petition, under the general oi'ganization laws, and the jurisdiction of the corporate authorities of the town from which such territory shall be taken shall continue over such new town until proper township officers of such new town shall be elected and qualified under the provisions of this act; and the county judge shall, forthwith, call and fix the time and place of an election to elect town olficei-s and cause notices thereof to be posted or published and perform all oilier acts in reference to such election in like manner, as nearly as may be, as he is required to perform in reference to the election of officers in newly organized cities; but, the term of such officers elected at such election shall terminate as soon as their successors are elected and qualified at the regular annual election. 265b. Procedure on two or more petitions.] § 2. If more than one petition be presented to the county judge, as described in this act, for the disconnection of the same territory within different boun- daries the judge of said county shall submit such questions as jietitioned for in the first jielition presented to him and shall suspend action upon such other petition or petitions until the question first submited shall be determined, by election, as aforesaid. 265c. Taxation ; prior assessment.] § 3. Whenever any incor- porated town shall be divided, under the provisions of this act, after the making out of the assessor’s books in any year, such division shall not, Anni-:xix(; and KxCLL'Di\(i llSb in any manner, afTcct the assessment or the eollection of the taxes asses- sable ami eolleetable in that year; but, the same may be assessed and collected in the same manner and by the same oflicers as if no division, or altei-ation, had taken |)lace. 265d. Title of property ; new town.] § 4. Whenever any portion of any incorporated town shall be disconnected from such town and oi’ganized as a separate town, under the provisions of this act, such new town shall become vested with the title and ownership of all jtroperty belonging to such incorporated town lying wholly therein, to be held for the use and benefit of such new town. 2650. Municipal indebtedness ; division of property, and in- debtedness.] § 5. Such new town shall assume and pay its propor- tionate share of any imlebtedness of such incorporated town, according to the taxable property in such new town. The amount of said indebt cdness to be paid by said newly organized town shall be determined and agreed upon by the corporate authorities of the said newly organ- ized town and of the original town from which such territory is taken, in such manner as they shall elect; if they can not agree, then the matter shall be determined by the circuit court of the county in which such towns may be, by ])etition of either town or any taxjiayer of either town. The court shall hear and determine the matter in a summary wmy, with- out pleadings, and shall pronounce judgment as the right and equitv of the matter shall demand. If the respective corporate authoritj- [ies] shall agree as to the amount to be paid by each town, then, each shall pass an ordinance or a resolution reciting the amount thereof to be paid, a copy of which ordinance shall be duly certified by the clerk of each town and filed with the county clerk of the county wherein such towns may lie and, by him, certified to the state auditor of public accounts, and which said ordinance or resolution shall be final and conclusive, in all proceedings, as to the amount of indebtedness so to be paid. If a judgment or decree shall be entered by the circuit or county court, as hereby provided, then, a certified coj)y thereof shall be made by the clerk of said court and filed with the clerk of each of said towns and with the county clerk and, by the county clerk, certified to the state auditor of public accounts. And such judgment shall be final and con- clusive, in all proceedings, as to the amount of indebtedness to be jiaid by each towm. The state auditor shall, thereaftei’, certify the proportion or rate per centum to the county clerk and the county cleil^ shall there- after extend such proportion or rate per centum upon the taxable prop- erty of both the original town and such new town for the payment of any bonds, or interest theren, so issued by such incoi’porated town so that each town shall pay its just share and proportion, as agreed upon or as adjudged by the »;ourt. Such new town shall be entitled to its proportionate share of all public in'operty, according to the amount of taxable property within such new town and shall be chaiged therewith in a division of the public property of such dismembei’ed incoi-j)orated town and the original town, as divided, shall be charged with all the public property within its territory and all the public funds in the hands of the corporate authorities, such division to be agreed upon by the same authorities or settled by the court, in the same manner and Annexing and Excluding Territory. ]4§c upon tlie same basis as above provided for in dividing the indebtedness of sai(i dismembered incorporated town. 265f. Division of tax on prior levy. | § 6. When an incorporated town shall be divided, as above prescribed, and befoi'e such division the municipal authorities of said incorporated tovvn had made an annual tax levy, then, in such case, there shall be paid over to the treasurer of the new town the pro rata slmre paid by such disconnected territory of said tax levy for said year, according to the taxable property therein as the same existed immediately before such territory its proportionate share for the expired part of the fiscal year. 265g. Public improvements not stayed.] § 7. When any por- tion of an incorporated town is disconnected therefrom, under the pro- visions of this act, and prior to such division, proceedings had been insti- tuted for the purpose of improving any streets within such detached portion, by special assessment or special tax, then and in such case such jiroceedings maybe carried to a finalty whether the whole improvement be within the detached portion or not. If the whole improvement is to be made without the detached portion, then, the amount collected by such proceedings shall be paid over to such new town, to be used by such town for the purpose for which such proceedings were instituted. If only a part of such improvement is to be made within the detached territory, then, such original town may proceed with the same as though such division had not taken place. When any portion of any incorpo- rated town shall be disconnected, under the provisions of this act, then and in that case, any proceedings instituted for the purpose of taking land for the purpose of opening any street or alley or otlier public way within the territory so disconnected, shall not be arrested or stayed, but the same may proceed to a finalty, if the new town so elect, and all moneys received from any special assessment or tax levied or assessed for such purpose shall be paid over to the said new town, to be used by it for the purposes for which the same was collected, such proceedings to be continued in the name of said new town, with like force and effect as though said territory had not been detached. 265h. Sewerage, water, light.] § 8. If any portion of any incor- porated town he disconnected, under tlie provisions of this act, such new town and the original town shall have the same use and benfit of any sewer, water works, gas or electric light system owned by said original town, from which such new town was disconnected, on the same terms, conditions and restrictions that the territory of each had before such dismemberment, and in case the new town shall become in- corporated as a village, then such village shall succeed to all the rights and privileges and be subject to all the burdens and conditions granted or imposed by this act. 295 i. Offices ; vacancy created, when.] § 9. When any portion of any incorporated town shall be disconnected, under the provisions of this act, if any officer of the town from which territory shall be taken (excepting justices of the peace or police magistrates) shall continue to reside in such new town his office shall become vacant and filled as in other cases of vacancy; but any justice of the peace or police magistrate, duly elected and qualified and acting at the time such disconnection im CkM 1'71’KRIKS. sliall take efiect, shall continue to hold his oflice for the term for which he was elected; all suits, actions, proceedings, prosecutions and special proceedings which shall be pending, in the territory so disconnected, l)efore any justice of the peace shall be heard and determined as though such division had not taken place and the said justices of the peace sliall continue to exercise, within said territory, the duties of their re- sjiective oHices until the term thereof shall, respectively, expire or other- wise be determined, in the same manner as though such disconnection had not taken place and the powers aird juriscliciion of said justices, within said territory, and their fees and emoluments and methods of procedure shall be the same as though such disconnection had not taken place. At the ex})iration of the term of such justices of the peace or police magistrates all dockets, papers and files of their respective offices shall be filed and deposited with any justice of the peace of said newly incorporated town that the circuit court of the county shall designate by order of the court. 2653 . School District or township.] § 10. Nothing herein shall be construed to authorize the alteration of the boundaries of any school district or township. 5. CEMETERIES. Section. Section. 26G. When may be removed — expense. 269. Lease or sale of land for cemetery 267. Power of city or village to establish. purposes, when. 268. Two or more cities or villages may 270. Control of corporate authorities. establish jointly. An act to provide for the removal of cemeteries. [Approved April 24, 1873. In force July 1, 1873. R. S., 1874, cli. 21, § 2. 266. When cemetery may be removed — expense.] § 1 . Be it enacted hy the jpeople of the state of Illinois^ represented in the gen- eral assembly. That whenever any cemetery shall be embraced within the limits of any town or city, it shall be lawful for the corporate au- thorities thereof, if, in their opinion, any good cause exists why such cemetery should be removed, to cause the remains of all persons inter- red therein to be removed to some other suitable 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: And, provided further, that when such cemetery is owned by one or more private parties, or private corporation or char- tered society, the corporate authorities of such town or citv may require the removal of such cemetery to be done at the expense of sucli private parties, or private corporation or chartered society, if such removal be based upon their application. An act to amend an act entitled “An act to enable cities and vil- lages to establish and regulate cemeteries”, approved March 24, 1874, amended by an act approved May 25, 1877, in force July 1, 1877. [Approved and in force June 14, 1883. L. 1883-4, p. 55. § 1. Be it enacted by the people of the state of Illinois, represented in the general assembly, That, an act entitled “An act to enable cities Change of Name. 149 and villages to establish and regulate cemeteries”, apj)roved March 24r, ISTd, and amended by an act approved May 25, 1877, be, and the same is so amended, as to read as follows: 267. Power of city or village to establish.] § 1 . That any city, village or township in this state may establish and maintain cemeteries within and without its corporate limits, and acquire lands therefor, by condemnation or otherwise, and may lay out lots of convenient size for families; and may sell lots for family burying ground, or to individu- als for burial purposes. 268. Two or more cities or villages may establish jointly.] § 2. That any two or more cities, villages or townships in this state may jointly unite in establishing and maintaining cemeteries within and without the corporate limits of either, and acquire lands therefor in common, by purchase, condemnation or otherwise, and may lay out lots of convenient size for families, and may sell lots for family bury- ing ground or to individuals for burial purposes. An act to enable the mayor and aldermen of certain cities to lease or convey real estate. [Approved April 15, 1875. In force July 1, 1875. L. 1875, p. 40. 269. Lease or sale of land for cemetery purposes, when.] § 1 . Be it enacted hy the 2 )sople of the state of Illinois^ represented in the general assembly^ That, in all cities of which the mayor and aldermen have heretofore been incorporated by any special act, as a cemetery association, or body politic, it shall be lawful, a majority of their num- ber assenting thereto, for such association or body politic, to demise for a term of years, or to convey in perpetuity, any real estate which it may have acquired by purchase or otherwise; and, the real estate so conv'eyed shall be devoted exclusively for burial or cemetery purposes by tlie grantee or lessee thereof. An act in relation to the control of public graveyards. [Approved May 29, 1879. In force July 1, 1879. L. 1879, p. 63. 270. Control of corporate authorities.] §1. Be it enacted hy the people of the state of Illinois^ represented in the general assembly, Tliat, public graveyards in this state, not under the control of any cor- poration, sole organization or society, and located within the limits of cities, villages, towns, townships, or counties not under township or- ganization, shall and may be controlled or vacated by the corporate au- thorities of such city, village, town, township or county, in such man- ner as such authorities may deem proper, and, in the case of towns, such control may be vested in three trustees, to be elected annually by the voters of such town at the annual town meeting therein. 6. CHANGE OF NAME. Section. Section. 271. Petition. 274. Time of bearing to be fixed — notice. 272. Proceedings, 275. Hearing, on petition and reinonstran- 273. Duties of secretary of state. ces. Change op Name. I;")!) Section. Section. 27(). Order filed with secretary of state — 278. When change void. netice. 271). Name of unincorporated town etc. 277. Rights saved. All act to enable any city, town or village in this state to change its name. [ Aiinroved March 7, 1872. In force July 1, 1872. li. S., 1874, ch. 24, § 216. 1, .\t common law an incorporation is powerless to change its name. The identity of name constitiit(;s the principal means of effecting that perpetuity of succession, while its members are freijuently changing which is — an important ])urpose of in- corporating. d’he corporate name, therefore, can be changed only by authority from that same power which created the thing — able to bear a name. d"his power this act gives. The ability of the state to change a corporate name is considered in Pacific Bk. v. DeRoe, 37 Cal., 535. 271. Petition.] § 1. Be it enacted tyij the 2 ^^ople of the state of Illinois^ represented in the general assemhly^ That whenever a petition, signed by the qualified electors of any city, incorporated town or incor- porated village of this state, equal in ininiber to one-half of those who voted for the officers therein at the last election, shall be presented to the corporate authorities of such city, town or village, praying that the name of such city, town or village may be changed, it shall be lawful for siicdi corporate authorities to make such change in the manner here- inafter prescribed. 272. Proceedings.] § 2. Previous to the presentation of the peti- tion, in the preceding section mentioned, the name proposed to be given to such city, town or village shall be filed in the office of the secretary of state, to be there retained for the period of at least sixty days and, u])on application, the secretary of state shall, at any time after the filing of such name, grant a certificate, stating that such name has not been given to any other city, incorporated town or incorporated village, or municipality in this state, if such be the fact; but, if such name has been adopted by any other city, town, village or municipality, as a)>- pears from information in his office, the secretary of state shall so no- tify the party or pai-ties making such application, in which case another name shall be tiled in his office, which name shall likewise remain for the like period of sixty days; and no petition shall be acted upon by said corporate authorities unless accompanied by the certificate of the secretary of state, setting forth that such name has not been adopted elsewhere in this state. 1. Tlie provision of this clause, in regard to the corporate name, is near akin tO' clause of the general incorporation law as to corporations for peciiniarv profits (see R. S., 1874, ch. 32, ^2; L. 1871-2, p. 296, g 2). 2. The statute very accurately describes the mode of procedure. It must be strictly pursued. The power to make the change is a power granted by the stale and it must not be overlooked, as a fundamental principle, that where the statute', which confers the power, prescribes the manner of its execution, that mode must be strictly pursued or the act done will be ultra vires the corporation — null and void (see 278, infra); Matthews «. Skinker, 62 Mo., 329; S. P., Schumm v. tSeymour. 24 N. J. E(j., 143. 273. Duties of secretary of state.] § 3. The secrefary of state shall, as soon as practicable after the passage of this act, communicate Change of Xame. 151 witli the clerks of the several counties of this state, and ascertain the names of all the cities, towns, villages or other municipal corporations therein, and arrange such names in alphabetical order for convenient reference. Such lists of names shall be kept tiled in his office, and sliall be changed whenever a change of names shall be effected under the provisions of this act. 274. Time of hearing to be fixed — notice.] § 4. At any meet- ing of the corporate authorities of any city, incorporated town or in- corporated village, after the presentation of the petition herein pro- vided, such corporate authorities shall fix the time when such petition* shall be considered, and order notice of the presentation thereof to be given, by publishing such notice for three successive weeks in some newspaper having a general circulation in such city, town or village. Such notice shall state. that a change of the name of such city, town or village has been prayed for, and the time when action on said petition will be had, at which time remonstrances, if anj", will be heard. 275. Hearing, on petition and remonstrances.] § 5. At the time fixed in the notice provided for in the preceding section, or if, from any cause, action thereon is not taken, such petition praying for a change of name shall be, with all remonstrances, heard at any subsequent meeting of the corporate authorities of any such city, town or village ; and, if said corporate authorities are satisfied that such change of name is necessar}^ and proper, they shall thereupon make an order changing the name of such city, town or village, and adopting the name prayed for in such petition. 276. Order filed with secretary of state — notice.] § 6 . If said change of name is made, said corporate authorities shall cause a copy of tne order making such change to be filed in the office of the secretary of state, who shall thereupon make known the fact of such change, by publication in some newspaper of the county in which such city, town or village is situated and, also, in some newspaper in the city of Chi- cago ; and all the courts of this state shall take judicial notice of the change thus made. 277. Rights saved.] § 7. No thing in this act contained shall affect the rights or privileges of such city, town or village, or those of any person, as the same existed before such change of name. And, all pro- ceedings pending in any court or place in favor of or against said city, town or village, may be continued to final consummation under the name in which the same was commenced. 1. As to the effect of the change of name the statute simply permits it. It does not change the responsibility of the corporation under its original style — nor does it’ create a distinct corporation; Morris v. St. P. etc. Ry. Co., 19 Minn. ,528; S. C., 4 Amer. Corp. Cases, 501; Dean v. LaMotte Lead Co., 59* Mo., 523; S. C., 8 Amer. Corp. Cases, 138. It leaves to the corporation all liabilities theretofore incurred ; so. that, if change is effected pending a suit against the corporation and such suit shall proceed to judgment — without suggestion of change of title — in the original name, it is too late, after such judgment, to set up a plea nul tiel corporation; Water Cock Co. v. Brunswick, 53 Ga., 30. 2. A mere change in the corporate name does not affect the rights or liabilities of a corporation. If, under the legislative act, by which the change is effected, these City Courts. liabilities and rights are reserved, the reservation is no more than the affirmation of that which the law would imply in the aljsence of the n;servation; Trustees etc. v. Moody, 0 Amer. Corj). Cases, IGO; S. C. , 02 Ala., 3HU. 2. An act of the legislature that any university or college, organized under the ])rovision of any special charter etc., may, by a majority of its board of directors, change its name — if done before a day stated — is not unconstitutional. It is not a local law. It does not amend the charter. It does not create a new corporation. Ilazelett v. Butler Cuiv., U Amer. Corp. Cases, 252; S. C., 84 Ind., 2'dO. 278. When change void.] § 8. If the name of any such city, town or village shall be changed contrary to or without complying with the ])rovisions of this act, such change shall be void; and all pro- ceedings instituted or acts done in such name as changed, shall be void and held for naught in the courts of this state. 1. See note 2, to § 272. 279. Name of unincorporated town etc.] § 9. When the plat of, any unincorporated town or village shall be placed upon record in any county of this state, the circuit court of said county shall have power, at any regular term of said court, to change the name of such unincor- porated town or village, upon the petition of a majoritj' of the legal voters residing within the limits of such town or village: Provided, notice of the proposed change of name shall be filed in the office of the secretary of state, as provided in section two of this act. 7. CITY COURTS. Section. 280. Style of court — jurisdiction. 281. Seal. 282. Place of boldiug. 28;l. Stationery. 284. Election and qualification of judge — powers — vacancy. 285. Interchange of judges. 280. Clerk. 287. Duties of sheriff — state’s attorney. 288. Master in chancery. 280. Terms of court. 290. Adjournments. 291. Appeals from justices — certiorari. Section. 292. Recognizances — city prison etc. 293. Change of venue. 294. Writs — orders — judgments etc. 295. Transcript of judgment record. 290. Transcript fees. 297. Appeal — error, 298. Fees of jurors, how paid. 299. Courts continued. 300. Courts, how established. 301. Election of judge and clerk. 302. Salary of judge. 303. Salary of prosecuting attorney. All act in relation to courts of record in cities. [Approved March 26, 1874. In force July 1, 1874. R. S., 1874, ch. 37, § 240. 1. This statute had the effect, under the constitution of 1870 (art. 0, ^ 1), to repeal all prior acts creating city courts. Such courts established before the constitution was adopted no longer exist; (see, however, § 299 ) the courts under the statute being intended to supersede the city courts created under the constitution of 1848; Frantz r. Fleitz, 85 111., 302. 280. Style of court — jurisdiction.] § 1. Be itenacted ly the peo- ple of the state of Illinois^ represented in the general assembly^ The several courts of record now existing in and for cities, and such as may hereafter be established by law, in and for any city in this state, shall severally be styled ‘‘The City Court of (name of city)”, and shall have City Courts. 153 concurrent jurisdiction witli the circuit courts within the city in which the same may be, in all civil cases and in all criminal cases, except trea- son and murder, and in appeals from justices of the peace in said city; and the course of proceedings and practice in such courts shall be the same as in the circuit courts, so far as may be. 1. A municipal court, altbougli an inferior court, is, at common law [and by this sUitute] a superior court of general jurisdiction non obstante the limit to its jurisdic- tion territorially. Jurisdiction is presumed — on review — unless the contrary is made to appeal. Appearance and plea admit the jurisdiction; Vance v. Funk, 2 Scam. , 2ii3; Beaubien v. BrinckerhofE, 2 Scam., 270; Hamilton r. Holmes, 2 Scam., 276; Beau- bien v. Holmes, 2 Scam., 276; Hunter y. Sliermau, 2 Scam., 539; Hubbard v. Harris, 2 Scam., 279. 2. The jurisdiction of the common pleas court of Sparta being limited to the city of Sparta, a writ to summon served on a defendant if found in the county would not be void. The service would be defective unless it appears, by the return, to have been made in the city; Gardner v. Witbord, 59 111., 145. 3. An affidavit can not give jurisdiction to a court to send its process out of its county. The jurisdiction — if it exist — must appear from the declaration; Shepard y. Ogden, 2 Scam., 257. 4. Appearance by attorney gives a court jurisdiction of a party beyond the reach of its process; Martin y. Judd, 60 111., 78. 5. A declaration in assumpsit, in the municipal court of Chicago, in a case where process is served on a defendant out of Cook county and in the county where he re- sides, should sho w that the contract was specially made payable in the city of Chicago, or that the plaintiff resides in that county and that the cause of action arose therein. A general statement, in the declaration, under a videlicet, that on a particular day and at a particular place the defendant was indebted to plaintiff, is no averment that the cause of action arose in that place; Shepard v. Ogden, 2 Scam., 257. 281. Seal.] § 2. Sueh courts shall have a seal, and may, from time to time, as may be necessary, renew the same ; the expense of such seal, and renewing the same, shall be paid by the city in which such court is or may be established. 282. Place of holding.] §3. Such court shall beheld at such place in said city as may be provided by the corporate authorities thereof ; but, if such place shall become unfit, or if no place shall be provided by such authorities, the court may, by an order to be enter(;d of record, adjourn to or convene at a suitable place for the bolding of a court within said city, and at such place may bold said court until a suitable place there- for be furnished by such corporate authorities, the expense whereof shall be borne by said city. 283. Stationery. ] §4:. All blanks, books, papers, stationery and furniture necessary to the keeping of a record of the proceedings of such court, and the transaction of the business thereof, shall be furnished the officers of such court by the corporate authorities, at the expense of the city. 284. Election and qualification of judge — powers — vacancy.] § 5. The judges of such courts, respectively, shall be elected by the qualified voters of such city in the same manner that the city officers of such city are elected, but not at the same time, and shall hold their offices for the term of four years and until their successors are elected and qualified. They shall qualify and be commissioned in the same manner, be vested with the same powers and perform the same duties as circuit judges, and be styled “Judge of the City Court 20 154 City Courts. of (name of city)”. Vacancies in sncli office shall be filled for the nn- exj)ired term, at a s])ecial election, to he called and held hy the same authority and in the same manner that other city elections may he held, where such unexpired term exceeds one year ; hut, where the same does not exceed one year, such vacancy shall he filled hy appointment hy the governor. 285. Interchange of judges.] §6. Such judges, with like privi- leges as circuit judges, may interchange with each other, and with the judges of circuit courts, and may hold court for each other, and per- form each other’s duties when they find it necessary or convenient. 1. The statute, in respect hereof, is as follows; “ ^ 22. Judges of the several circuit courts, of this state, may interchange with each other and with the judges of the superior court of Cook county and the judges of said circuit courts and of the superior court of Cook county may hold court, or any branch of the court, for each other and perform each other’s duties, where they find it necessary or convenient” ; R. S., 1874, ch. 37, § 22. 2. While the constitution (art. 6 , ^ 3) requires each circuit judge to reside in the circuit in which he is elected, it does not, in terms or by implication, prohibit such judge from holding court in another circuit, in such manner as may be prescribed by law; Jones V. Albee, 70 111., 34. 3. The judge of any circuit court in this state is authorized to hold a branch term of the superior court of Cook county. The statute infringes no constitutional pro- vision; Wadhams v. Hotchkiss, 80 111., 437; Bradley v. Barbour, 74 111., 475. 286. Clerk.] § T. There shall be elected, in like manner as judges are elected, for each of such courts, a clerk, who shall hold his office for the term of four years and until his successor shall be elected and qualified. He shall be commissioned, have the same powers, perform the same duties, be subject to the same liabilities, and be entitled to like fees as are now, or may hereafter, from time to time, be ])rovided by law in regard to circuit clerks, in the countv in which such city may be situate. Vacancies in such office shall be filled, for the unexpired term, at a special election, to be called and held by the same authority and in the same manner that other city elections may be held, where such un- expired term exceeds one year ; but where the same does not exceed one year, such vacancy sliall be filled by the court: Provided, that a clerk, pro tempore, may be appointed by the judge thereof, when necessaiT. 287. Duties of sheriff — state’s attorney.] § 8. The sheriff and state’s attorney of the county in which such city may be situate, shall each perform the same duties in said court, and in respect thereto and the process thereof, and have the same powers, be subject to the same liabilities and penalties, and be entitled to the same fees as in the circuit court of such county ; and the sheriff shall appoint one or more depu- ties for such court, for the convenience of the business therein, who shall reside in the city where such court is established; and the judge of such court shall have power to appoint a state’s attorney, ]>ro tempore, in any of the cases where the circuit court or the judge thereof may appoint. 288. Master in chancery.] § 9. A master in chancery for such court shall be appointed by the judge thereof, who shall hold his office City Courts. 155 for the same time, qualify in the same manner, be subject to the same liabilities, have the same powers, perform the same duties, and be en- titled to the same fees and compensation, with respect to said court and • matters therein, as other masters in chancery. 289. Terms of court.] § 10. There shall be two or more regular terms of such court in each .year, to be held at such times as may be fixed by an order of the court, from time to time, and entered of record, which order shall be published in some newspaper published in such city at least forty da\’s before holding the first term of court under the same ; and said order shall not be changed subsequently, except by an order of court entered of record at the term preceding said change, and published in a like manner. Special terms may he called and held in the same manner, and with like effect as special terms of the circuit courts, and subject to the same limitations : Provided, that in the city of Chicago, should such a court be established therein, there shall be held a term of such court every month in the year, commencing upon the first Monday of each month, and no order of court or publication shall be necessary in order to hold such terms. 290. Adjournments. I §li- The same rules in regard to the ad- journment of such courts upon the non attendance of a judge thereof, as are or may be provided by law in regard to circuit courts, shall apply to such courts; and the said city courts, and the judges thereof, shall have the same power, with respect to adjournments, as the circuit courts and the judges thereof now or hereafter may have by law, and the ad- journmeut of a term in such courts shall have the like effect of an adjournment in the circuit courts. 1 . In respect hereof it is provided, by Revised Statutes, 1874, chapter 37, as fol- lows: 18. The circuit courts, of the several counties of this state . . . when lawfully in session, may adjourn from day to day, or to any day not beyond the first day of the next term of court. § 20. If at any time after the opening of court for the term no judge of the court is present at the time and place of holding court, the sheriff of the county, or his deputy, may adjourn the court, from day to day, or, upon the written order of the judge, from time to time, and shall give notice of such adjournment by making proclamation, in the court house, and by notification posted on the door of the court house. ^ 21. All causes and proceedings pending and undis- posed of in any of said courts at the end of a term shall stand continued till the next term of the court 2. The judge of a circuit court has power to adjourn its sessions for such short periods as, in his discretion, may seem proper. An adjournment over two days is not error; Cook v. Skelton, 20 111., 107. 3. Adjournment of circuit court by the sheriff, from day to day, by order of a judge made on the first day of the term, trial judge being present on the third day of term, is proper; Bressler v. People, 117 III., 429. 4. Adjournment of circuit court, from day to day, by the sheriff by order of a judge of the circuit, the trial judge being present on the third day of term, does not affect the jurisdiction to try a criminal case; Bressler v. People, 117 111., 429. •7. All causes undisposed of on the docket of a circuit court, in which no order for a continuance is entered, are continued, by operation of law, to the next term, by the adjournment of the court; Updike v. Armstrong, 3 Scam., 564. 291. Appeals from justices of the peace — certiorari.] § 12 . Appeals may be taken from tlie judgment of justices of the peace or police magistrates in such city to the city court, and writs of certiorari 15C City Courts. may issue to reinove causes from before such officers to the city court, au(l tliere be heard and determined, as in like cases in the circuit court. 292. Recognizances — city prison etc.] § 13 . All recognizances taken by any justice of the peace, police magistrate, or other officer in- the city, in criminal cases, when the offense is committed in the city, except treason and murder, may be made returnable to the city court of such city; and, in all such cases the defendant shall be temporarily detained in the city pi’ison or bridewell, instead of the county jail. 293. Change of venue. J § 14. Change of venue from city courts, for the same causes and in the same manner, may be taken as from cir- cuit courts, and the cases sent to the circuit court of the county, or to some other convenient court of record, where the cause complained of does not (ixist. 294. Writs — orders — judgments etc. — lien after transcript filed in circuit court.] § 15. The writs and process of city courts shall be issued and executed in the same manner, and shall have the same force and effect, except as limited by this act, as the writs and process of circuit courts. Orders, judgments and decrees of city courts shall have the same force, be of the same effect, and be executed and enforced in the same manner as the judgments, orders and decrees of circuit courts; but, such judgments and decrees shall be a lien upon real estate in such cdy, and the county whei*ein such city is situate, only after a certified transcript of the same shall have been filed in the office of the circuit clerk of the county; which transcript shall contain the names of the parties to the suit, the kind of action, the amount of the judg- ment, or the general natm-e and effect of the decree, as the case may be, and the term and time at which the suit was disposed of. 295. Transcript book.] § 16. The clerk of the circuit court of the county shall provide and keep in his office, for each city court in his county, a well bound book or books, for entering therein an alphabet- ical docket of all judgments and decrees rendered in said city courts, as is now required by law for docketing judgments and decrees rendered in the circuit court ; and shall, forthwith, after the filing of anj^ such certificate, enter the same therein, together with the hour, day, month and year of the filing of such certificate, and the general number theieof. 296. Transcript fees.] § 17 . In addition to the fees now allowed by law, the clerk of the said city courts shall be allowed to charge and receive a fee of fifty cents for each certified transci’ipt. as aforesaid, and the clerk of the circuit court shall be allowed to charge and receive a fee of fifty cents for filing and entering the same. 297. Appeal — error.] § 18. Appeals may be taken and writs of error prosecuted from city courts to the supreme court, the same as in like cases from circuit courts. 298. Fees of jurors, how paid.] § 19. The fees of the grand and petit jurors of such courts shall be paid out of the city treasury of the city in which such courts are respectively situated, upon the certificate of the clerk of the respective courts. City Courts. 157 299. Courts continued.] § 20. Tlic several courts of record now established in and for cities, are hereby continued, under the name and style of “ the city court of (name of city) ”, with all the powers and jurisdiction conferred by this act. 300. Courts, how established.] § 21. A city court consistino^ of one or more judges, not exceeding live, and not exceeding one judge for every fifty thousand inhabitants, may he organized and established under this act in any city which contains at least three thousand inhabitants, whenever the common or city council shall adopt an ordinance or reso- lution to submit the question whether such court shall be established consisting of one or more judges, not exceeding five, as maj" be speci- fied in such ordinance or resolution, to the qualified voters of such city, and two-thirds of the votes cast at such election shall be in favor of the establishment of such court. Where such court is established with more than one judge, each judge may hold a separate branch thereof at the same time, and when holding such separate branch, each judge may exercise all the ])owers vested in such courts; such elections shall be held and conducted, the returns thereof made and canvassed, and the result declared in the same manner as other city elections. To discon- tinue and disestablish any such court, precisely the same modes of pro- cedure shall be requisite and necessary and be resorted to as for the organization of such court. In the event of the discontinuance and disestablishment of any such court, the clerk thereof shall transfer and deliver to the circuit court of the county in which such city court is situated, all records, judgments and processes in possession of himself or of any other officer of said city court, and the circuit court shall thereupon acquire and be vested with jurisdiction in the matters to which said records, judgments or j)rocess i-elate, and may be dealt with as original records of such circuit court : Provided, it shall be lawful for the city council in any city Avhere a city court has been established under this act, and there is no judge or clerk of such court residing within such city, and such court has ceased to do business for two years or more, to pass an ordinance or resolution abolishing such court and authorize the city clerk of such city to transfer and deliver the records, judgments and process of such court to the circuit court of the county in which such city is situated in like manner and with like effect as if such had been transferred by the clerk of such city court. [As amended by act approved June 5, 1889. In force July 1, 1889. L., 1889, p. 10 J. 301. Election of judge and clerk.] §22. Whenever the establish- ment of a city court shall be authorized, as provided in the foregoing section, it shall be the duty of the corporate authorities to order an election for judge and clerk ; and when the judge and clerk shall be duly elected, qualified and commissioned, such court shall be deemed organized and established according to law. An act concerning fees and salaries, and to classify the several counties of this state with reference thereto. [Approved March 29, 1872. In force Julv 1, 1872. L. 1871-2. p. 42, as the title is amended l)y act ajiproved March 28, 1874. In force July 1, 1874. L. 1873-4, p. 105. 158 Drainage and Sewerage. 302. Salary of judge.] § 5. Judges of inferior courts of record in towns and cities shall be allowed and I’eceive, in lien of all other fees, ])er(|uisites or benefits whatsoever, in cities and towns having a popula- tion not exceeding five thousand (5,000j irdiabitants, five hundred dol- lars ($50(1) ; and in cities or towns having more than five thousand (5,000) inhabitants, fifteen hundred dollars ($1,500), to be ])aid out of the city or town treasury: Provided, that in cities having a popula- tion of one hundred thousand (100,000) or more, the city or common council may give such additional compensation, to be }>aid out of the city or town treasury, to the judge or judges of such court, as shall be deemed reasonable, not exceeding a sum sufficient to make the entire salary five thousand dollars ($5,000), which additional compensation shall he fixed ])rior to the election of such judge or judges, and shall he provided for in the annual appropriation ordinance of each year, and shall not he increased or diminished during the term of office of such judge or judges. (k)unty judges shall he allowed such salary as shall be fixed by their respective boards, to l)e paid out of the county treasury. [As amended by act approved May 11, 1877. In force July 1, 1877. L. 1877, p. i03. 303. Salary of prosecuting attorney.] § G. That each prosecut- ing attorney of such inferior court, other than the state’s attorney, shall he allowed and receive, in full compensation foi* all services ren- dered as pi’osecuting attorney of such court, an annual salary of $250, to he paid by the town or city. 8. DRAIT7AGE AND SEWERAGE. Section. 804, Improvement districts — grade — spe- cial assessment. 805. Corporate authorities, duty of — sur- vey — cost of work 306. Pistrict may issue bonds — manner of proceeding. 307. Interest and i>rincipal of bonds, Iiow paid, 308. Railroad company’s liability. 309. When property belongs to a minor. 310. Ilow powers exercised and construed. 311. Rights of bond holders. 312. Chicago drainage district organized. 813. Power of corporate authorities. 314. Desplaiues river — diversion of water. 315. Dam across Mud lake. 316. Acquisition of way — construction of cut off. 317. Eminent domain. 818. Sanitary districts — ])roceediug to or- ganize. 319. Judicial cognizance thereof — election of officers. 320. Elections of officers. 321. Powers and duties of trustees and officers — compensation — rules and regulations. Section. 32 2 . O r d i u a n ce s — a p p r o p ri at i on s , 323. Ordinances, how proved. 324. Docks on navigable channels — con- trol of water power, channels and outlets. 325 Acquisition of right of way. 326. Power to borrow money — limitation. 327. Tax to pay intere.st and principal of debt. 328. Contracts for work, how made — aliens— day’s labor, eight hours. 329. Tax levy — limitation. 330. Special or general tax — assessment and collection. 831. Assessments by instalment — proceed- ing- 332. Bonds in anticipation of taxes due. 333. Eminent domain — compensation — preferred claims. 334. Damages to public ]>roperty — use of Illinois and Michigan canal. 335. Cost of acquiring right of way. 836. Damage by overflow — notice of suit — compromise, 337. Dilution of sewage. 338, Violation of last section — prosecu- tions. Drainage and 8e\vei{age. 159 Section. Section. 335). Legislative riglit to repeal or amend. 344 a, Chicago sanitary district — police 340. Capacity of channel — its increase — powers. removal of obstructions in rivers. 845. Sewerage fund tax. 341. (’ompleted channel a navigable 346. Municipalities may contract with stream. each other for .sewerage. 342. L"se of channel — its increase. 347. Contracts, how made, 343. Water supi)lies, how furnished. 348. Power to erc'Ct drainage works etc. 344. Inspection of channel — defects of 849. Works erected by special assessment. construction. 350. Mode of procedure. All act to divide cities and villages subject to overflow and inundation into improvement districts, and to provide ways and means to raise the streets, lots and blocks above the line of overflow. [Approved and in force May 29, 1883. L. 1883, ]). bO. 304. Improvement districts — grade — special assessment.] § 1 . Be it enacted hy the people of the state of Illinois, ^represented in the general assemhly : Any city or village of this state incorporated under the general law for the incorporation of cities and villages, or under any special charter, the site of which is wliolly or partially subject to overflow, and which site is or may be surrounded in whole or in part by levees, dykes or embankments to ])revent overflow, may lay off such city or village, or any part thereof, into what shall be known or called improvement districts, and may fix the grade of the streets, avenues, alleys or public grounds, within such improvement district or districts, at a height above the natural surface of the earth to correspond with the height of the levees, dykes or embankments surrounding or partially surrounding such city or village, or above if deemed necessary, in such manner and to such lieight as will give a surface drainage from such im- provement district to the river or rivers wliich cause such overflow, and may recpiire low lots, blocks or parts of blocks or lots, within such im- provement district, to be filled in such manner, as to prevent water from standing thereon, and so as to prevent the same from becoming a nuisance or injurious to tlie public health, in the judgment of the cor- porate authoritic s of such city or village. The work hereby author- ized shall be dmie by special assessment or special taxation, and all the power in relation to special assessments or special taxation heretofore granted to any city or village in this state, or to any drainage or im- })rovement distrii t in this state, is hereby granted to such cities and vil- lages under this act. 305. Corporate authorities, duty of — survey — cost of work.] § 2. \Vhen any such improvement district shall be created, by ordinance, under this act, it shall be the duty of the corporate authorities to cause an accurate survey of the work contemplated to be done or made, to be made by a competent civil engineer, and cause plats, profiles, and esti- mates of the work to be done, including the cost of all walls or other structures necessary to be built or constructed to hold the earth to its proper place, and the cost of the work opposite to, or adjacent to each lot in such district and the cost of the fill upon each and every lot within such district necessarv to be filled to be used in estimatinor the IGO Drainage and Sewerage. benefits to be cliarged against tlie lot or block, or parts thereof, within such improvement district; and, in estimating such benefits it shall be ])roper to take into consideration the benetit any such lot, block or parts thereof, will receive by reason of being secured from overflow, or sipe water. 306. District may issue bonds — manner of proceeding.] ^ 3. When any such imj)rovement district or districts has or have been laid out and defined by any such city or village, and tlie cost of the im- provement estimated and ascertained by a competent engineer, and the benefits to tlie lots, blocks or parts thereof have been assessed, then, such city or village may cause a series of bonds to be issued, sufficient to pay the special assessments, or special tax, so ascertained for such district, and which bonds, when so issued and indorsed as hereinafter ])ro- vided for, shall be a lien upon the lots, blocks or parts thereof, wliich shall be designated in such bond or bonds, such bond or bonds to bear interest at a rate not exceeding six percent., and may run for any term not exceeding twenty years, the -style of the bond to be fixed and desig- nated by ordinance ; but, before any bond shall issue, or be put in circu- lation, the owner or owners of any such lot or lots to be charged with such special assessment or assessments, or special tax, shall indorse upon the back of such bond or bonds, his or her consent thereto, in words in substance as follows : “ I liereby indorse the within bond, and consent that the lot or lots, or parts thereof therein designated, shall become liable for the interest and principal therein named, and the same shall be a lien upon said property from this date until paid off and dis- charged. “ This day of 188-. “ [Seal].” Said bond when prepared and executed by such city or village, and indorsed by the owner or owners of the property to be charged with the special assessment or special tax, shall be recorded in the recorder's office of the county, in which such city or village is located, and when so recorded such record shall be notice of the lien thereby created, to the same extent that records of mortgages are notices of the mortgage lien, and shall have the same force and effect. No coupon need be recorded ; the face of the bond and indorsement shall be sufficient. 307. Interest and principal of bonds, how paid.] § d. It shall be the duty of any citv or village issuing bonds, under this act, to pro- vide, by ordinance, for the collection of the interest and principal of such bonds from the property so charged with the special assessment or special tax, and shall be placed upon the tax books in the same manner that special assessments or special taxes now are, for collection, and shall be treated in the same manner, and have the same effect as special assessments or special tax now have uuder the statute — and such city or village shall not be liable, for the interest or principal of any such bond or bonds, out of any fund except the special fund of the improvement district, to which the bond or bonds apply, and for the faithful etiforcement of the ordinances providing for the collection of the interest and principal thereof. Drainage and Sewerage. 161 308. Railroad company’s liability to pay.] § 5. If any steam or liorse railroad shall be located upon, or across any street in any such improvement district, then, in estimating the cost of the work, such railroad shall be charged with the fill upon such street or crossing in the proportion or amount that it would require or cost such railroad to make an independent embankment of the same height to receive its track or tracks upon such street or crossing: Provided, that any such railroad shall have the same right to build its embankment, or make its proportion of the improvement as is allowed to individuals. If any such steam or horse railroad shall fail, or refuse to compl}^- with the ordinances of any such city or village, in this regard, the track or tracks of any such delinquent railroad shall be taken and deemed to be a nui- sance, and all rights of any such railroad upon any such street or cross- ing shall be forfeited, and the rails and ties removed as the work pro- gresses. 309. When property belongs to a minor.] § 6. If any property within anj’’ improvement district created under this act, shall belong to minor heirs, idiots, lunatics, or any person otherwise incapacitated to contract, the guardian, conservator or other person in charge of any such estate, may apply to the circuit court of the county in which such city or village is located, by petition, for leave to indorse such bond or bonds, and when indorsed by order of the court, such indorsement shall have full force and effect in law. 310. How powers exercised and construed.] § 7 . All the powers hereby granted to the corporate authorities of such cities and villages may be put into full force and effect by proper ordinances, and the powers hereby granted shall be liberally construed by all courts in this state in order that full force and effect shall be given to this act. 31 1. Rights of bond holders.] § 8. The owner or holder of any such bond may, in addition to the powers hereby given to the cities or villages, under this act, to collect the interest and principal, have his or her personal remedy in any court upon the indorser upon his indorse- ment, for failure to pay interest or principal, and in case of two suc- cessive failures by any person liable to pay the interest on any such bond, such bond shall be held to be due, and the liolder may enforce his lien for interest and principal by foreclosure, in any court of this state of competent jurisdiction. An act to organize tlie city of Chicago into a drainage district and to define the powers and duties of tlie corporate authorities thereof. [Approved June 0, 1887. In force July 1, 1887. L. 1887, p. 12b. 312. Drainage district organized.] § 1. Be it enacted hy the 'people of the state of Illinois^ represented in the general assembly^ That the city of Chicago is hereby organized as a drainage district, and the corporate authorities of such city may exercise the powers conferi-ed by an act entitled “ An act to vest the corporate authorities of cities and villages with power to construct, maintain and keep in repair drains, ditches, levees, dykes, and pumping works for drainage pur- poses, by special assessment upon the property benefited therelpv ^ ‘21 DraIXAGK and hjEWERAGI-:. ]():' approved June twenty-second, eii^liteen linndred ainl ei<^lity-five, and ai-e liereby \'ested witli the fni*tlier powers liereinafter granted. 1. Soo lMW-50. for the act lierein referred to. 313. Power of corporate authorities.] §2. Sncli corporate au- thorities may lay out, (;onstrnct and maintain a cnt-ott drain or ditch for the diversion of the flood waters of the Desplaines river in to lake Micliigan at some ])oint north of the city of Chicago, for the relief and in aid of the drainage system established or to be established within said district, the location and route, dimensions and capacity of such cnt-otf to be determined by said corporate authorities. If the location of such cut-off shall occupy a portion of the north branch of the Chi- cago river, said north branch may be widened and deepened as shall be required. Such cut-off or diversion may be so constructed and main- tained as to answer the purpose of a drain for the lands through which it shall pass, and such corporate authorities may allow said lands to be drained into the same upon such terms and conditions as they may determine: Provided, such corporate authorities shall not be allowed to interfere with any right of drainage which the owners of land have or woidd have, if such cut-off had not been made. 314. Desplaines river — diversion of water.] § 3. Xo more of the water of the Desplaines river shall be diverted by any such cut-off than the excess above the ordinary water mark in said stream. At the point of diversion there shall be constructed and maintained such dams and sluices as shall control and regulate the amount of such diversion at all times. Duidng dry weather no water shall be diverted into lake Michigan and during floods no more water shall be allowed to pass said ])oint of diversion down the river than three thousand (3,000) cubic feet per second. 315. Dam across Mud lake.] § d. Such corporate authorities may construct and maintain, if the same shall be found desirable and expedient, a dam across what is known as the Mud Lake Valley on or near the west line of sections six and seven, township thirty- eight north, range thirteen, east of the third principal meridian, of such dimensions and elevation as may be determined upon. 316. Acquisition of way — constrution of cut-off.] § 5. Such cor- ])orate authorities may acquire by purchase, gift, condemnation or otherwise all the real and ]>ersonal property, rights of way and ease- ments within or without the district necessary for the coustmction and maintenance of the works hereby authorized, and shall have the same control and jurisdiction of the property without as of that within the district. They shall have the right to construct the cut-off herein authorized, across, under, over, along, or upon any water coui’se, street, highway, public ground, railroad or turnpike wliich the route of the same may intersect or touch ; but shall not interrupt the use thereof longer, nor to a greater extent, than shall be necessarv for the purpose. 317. Eminent domain.] ^ 3. Whenever it shall be necessary to take or damage private property, for any purpose contemplated by this Drainage and Sewerage. 163 act, whether within or without said drainage district, the compensation therefor may be ascertained and the proceedings for the condemnation tliereof may be had in the manner provided in article nine of an act entitled “ An act to provide for the incorporation of cities and villages”, approved April ten, eighteen hundred and seventy-two, and the cost of constructing and maintaining the improvements herein provided for may be defrayed by special assessment upon the property benefited thereby within such disti’ict only, said assessments to be levied and col- lected as provided in said article nine. An act to create sanitary districts, and to remove obstructions in the Desplaines and Illinois rivers. [Approved May 29, 1889. In force July 1, 1889. L., 1889, p. 126. 318 . Sanitary districts — proceeding to organize.] § 1. Be it enacted by the 'people of the state of Illinois^ reprresented in the general assembly^ That whenever any area of contiguous territory within the limits of a single county shall contain two or more incor|)orated cities, towns or villages, and shall be so situated that the maintenance of a common outlet for the drainage thereof will conduce to the preserva- tion of the public health, the same may be incorporated as a sanitary district under this act, in the manner following. Any 5,000 legal voters resident within the limits of such proj)osed sanitary district may petition the county judge of the county in which they reside, to cause the question to be submitted to the legal voters of such proposed district whether they will organize as a sanitary district under this act. Such petition shall beadecify briefly the purpose of such election, with a description of such proposed district. P]ach legal voter resident within such pi’oposed sani- tary district shall have the right to cast a ballot at such election, with the words thereon, For Sanitary District”, or, “ A.gainst Sanitary Dis- trict”. The ballots so cast shall be received, returned and canvassed in the same manner and by the same officers as is provided by law in the case of ballots cast for county officers. The county judire shall cause a statement of the result of such election to be spread npo i the records of the county court If a majority of the votes cast upon the question of the incorporation of the proposed sanitary district shall be in favor of the proposed sanitary district, such proposed district shall thenceforth be deemed an organized sanitary district under this act. 319. Judicial cognizance thereof — election of officers.] §2. All courts in this state shall take judicial notice of the existence of all sani- tary districts organized under this act. Upon the organization of any sanitary district, under this act, the county judge shall call an election to elect officers, and cause notice thereof to be posted or published, and perform all other acts in reference to such election in like manner as nearly as may be as he is required to perform in reference to the elec- tion of officers in newly organized cities under the provisions of an act entitled “ An act to provide for the incorporation of cities and villages” approved April 10, 1872. 320. Elections of officers.] §3. In each sanitary district organized under this act, there shall be elected nine trustees who shall hold their offices for live years, and until their successors are elected and qualified, except the term of office of the first trustees elected, shall be until five years after the first Monday in December after their election. The elec- tion of trustees after the first, shall be on the Tuesday next after the first Monday in November, in every fifth year. In all elections for trustees, each qualified voter may vote for as many candidates as there are trus- tees to be elected, or he may distribute his vote among not less than five-ninths of the candidates to be elected giving to each of the candi- dates among whom he distributes the same, the same number of votes or fractional parts of votes. The trustees shall choose one of their number president, and such sanitaiy district shall, from the time of the first election held by it under this act, be construed in law and equity a body corporate and politic and by the name and style of the sanitary district of , and by such name and style may sue and be sued, contract and be contracted with, acquire and hold real estate and personal property necessary for corporate purposes, and ado]4t a a common seal and alter the same at pleasure. Dkainage and Se\v?:rage. 1G5 321. Powers and duties of trustees and officers — compensa- tion — rules and regulations.] 4. The trustees elected in pursu- ance of the foregoing provisions of tliis act shall constitute a board of trustees for the district by which they are elected, which board of trustees is hereby declared to be the corporate authorities of such sani- tary district, and sliall exercise all the powers and manage and control all the affairs and property of such district. Said board of trustees shall have the right to elect a clerk, treasurer, chief engineer and attorne}" for such municipality, who shall hold their respective offices during the pleasure of the board, and who shall give such bond as may be required b^' said board. Said board may prescribe the duties and fix the compensation of all the officers and employes of said sanitary district : Provided, however, that the salary of the president of said board of trustees shall in no case exceed the sum of four thousand dollars per anniiin ; and the salary of the other members of said board shall not exceed three thousand dollars per annum : And, provided further, that the amount received by any attorney shall not exceed the sum of five thousand dollars ($5,000) per annum. Said board of trustees shall have full power to pass all necessary ordinances, rules and regulations for the proper management and conduct of the business of said board of trustees and of said corporation and for carrying into effect the objects for which such sanitary district is formed. 322. Ordinances — appropriations.] §5. All ordinances making any appropriations shall, within one month after they have passed, be published at least once in a newspaper published in such district, or if no such newspaper of general circulation is published therein, by post- ing copies of the same in three public places in the district ; and no such ordinance shall take effect until ten days after it is so published, and all other ordinances, orders and resolutions, shall take effect from and after their passage unless otherwise provided therein. 323. Ordinances, how proved.] § C. All ordinances, orders and resolutions, and the date of publication thereof may be proven by the certificate of the clerk, under the seal of the corporation, and when printed in book or pamphlet form, and purporting to be published by the board of trustees, such book or pamphlet shall be received as evidence of the passage and legal publication of such ordinances, orders and resolution, as of the dates mentioned in such book or pamphlet, in all courts and places without further proof. 324. Docks on navigable channels — control of water power, channels and outlets.] § 7. The board of trustees of any sanitary dis- trict organized under this act shall have power to provide for the drain- age of such district by laying out, establishing, constructing and main- taining one or more main channels, drains, ditches and outlets for car- rying off and disposing of the drainage (including the sewage) of such district, together with such adjuncts and additions thereto as may be necessary or proper to cause such channels or outlets to accomplish the end for which they are designed in a satisfactoi-y manner; also to make and establish docks adjacent to any navigable channel made under the Draixagp: and Sewerage. 1G6 ])rovisions hereof for drainage purposes, and to lease, manage and con- trol sneli docks, and also to control and dispose of any watei* power which may be incidentally created in the construction and use of said channels or outlets, Init in no case shall said board have any power to control water after it ]>asses beyond its channel, waterways, races or structures hi to a river or natural waterway or chanqel, or water ]>owei\ or docks, situated on such river or natural waterway or channel : Pro- vided, however, no thing in this act shall be construed to aliridge or prevent the state from hereafter requiring a portion of the funds de- rived from such water power, dockage or wharfage to be jiaid in to the state treasury to be used for state purposes. Such channels or outlets may extend outside the territory included within such sanitary district, and the rights and powers of said board of trustees over the portion of such channel or outlet lying outside of such district shall be the same as those vested in said board over that portion of such channels or out- lets within the said district. 325. Acquisition of right of way.] § 8. Such sanitary district may acipiire, by purchase, condemnation or otherwise, any and all real and personal property, right of way and privilege, either within or Avithout its corporate limits that may be required for its corpoi*ate pur- poses : Provided, all moneys for the purchase and condemnation of any jiroperty, shall be paid before possession is taken, or any Avork dune on the premises damaged by the construction of such channel or outlet, and in case of an appeal from the county court taken by either party, Avhereby the amount of damages is not linally determined, the amount of judirment in such court shall be deposited at some bank, to be desig- nated by the judge thereof, subject to the payment of such damages on orders signed by such county judge, Avhenever tlie amount of such damages is tinaily determined; and, Avhen not longer required fur such purposes, to sell, convey, vacate and release the same, subject to the reservation contained in section 7 , relating to Avater pv agreement or by’ final judgment of court, shall be paid out of the annual district tax prior to tlie payment of anv other debt or obliga- tion. 334. Damages to public property — use of Illinois and Michi- gan canals. J §17. When it shall be necessary in making any im- provements which any district is authorized by this act to make, to Drainage and Sewerage. 169 enter upon any public property or jjroperty lielJ for public use, such district shall have the power so to do, and may acquire the necessary riglit of way over such property held for public use in the same man- ner as is above provided for acquiring private property, and may enter upon, use, widen, deepen and improve any navigable or other waters, waterways, canal or lake : Provided, the ])ublic use thereof shall not be unnecessarily interrupted or interfered with, and that the same shall be restored to its former usefulness as soon as practicable : Pro- ^'ided, however, that no such district shall occupy any portion of the Illinois and Michigan canal outside of the limits of tlie county in which such district is situated, for the site of any such improvement, except to cross the same, and then only in such a way as not to im- pair the usefulness of said canal or to the injury of the right of the state therein, and only under the direction and supervision of the canal commissioners: And, provided, further, that no district shall be re- quired to make any compensation for the use of so much of said canal as lies within the limits of the county in which said district is situated, except for transportation purposes. 335- Cost of acquiring right of way.] § 18. In making any special assessment for any improvement which requires the taking or dam- aging of property, the cost of acquiring the right to damage or take such property may be estimated and included in the assessment as a part of the cost of making such improvement. 336. Damage by overflow — notice of suit — compromise.] §19. Every sanitary district shall be liable for all damages to real estate within or without such district which shall be overflowed or otherwise damaged by reason of the construction, enlai-gement or use of any channel, ditch, drain, outlet or other improvement under the provis- ions of this act ; and actions to recover such damages may be brought in the county where such real estate is situate, or in the county where such sanitary district is located, at the option of the party claiming to be injured. And, in case judgment is rendered against such district for damage, the plaintiff shall also recover his reasonable attorney’s fees, to be taxed as costs of suit : Provided, however, it shall appear on the trial that the plaintiff notified the trustees of such district, in writing, at least sixty days before suit was commenced by leaving a copy of such notice with some one of the trustees of such district stating that he claims damages to the amount of .... dollars, by reason of (here insert the cause of damage) and intends to sue for the same : And, pro- vided, further, that the amount recovered shall be larger than the amount oifered by said trustees (if anything) as a compromise for dam- ages sustained. 337. Dilution of sewage.] § 20. Any channel or outlet con- structed under the provisions of this act, which shall cause the dis- charge of sewage in to or through any river or stream of water beyond or without the limits of the district constructing the same, shall be of sufficient size and capacity to produce a continuous flow of water of at least two hundred cubic feet per minute for each one thousand of the 22 170 J)JIAIXAGE AND SeWKRAGE. })opuhition of tlie district drained tliereby, and the same shall be kept and maintained of such size and in sneli condition that the water thereof shall be neither offensive or injurious to the liealth of any of the people of this state, and liefore any sewage shall be discharged iri to such channel or outlet all garbage, dead animals, and parts thereof, and other solids shall be taken therefrom. 338. Violation of last section — prosecutions.] §21. In case any sanitary district in this state, formed under the provisions of this act, shall introduce sewage in to any river or stream of water, or natural or artificial water course, beyond or without the limits of such district, without conforming to the provisions of this act or having introduced such sewage in to such water course, shall fail to comjdy with any of the provisions of this act, an action to enforce compliance shall be brought by the attorney general of this state, in the courts of any county wherein such water course is situate, or he may authorize the state’s attorney of any such county to commence and ])rosecute such action in any such county : Provided, that no thing in this section con- tained shall be construed to prevent the prosecution of any action or proceeding by individuals or bodies corporate or politic against such ’district. 339. Legislative right to repeal or amend.] § 22. No thing in this act contained shall be so construed as to constitute a contract or grant between the state of Illinois and any sanitary district formed under its provisions, or to prevent, debar or deprive the state of Illinois from, at any time in the future, altering, amending or repealing this act, or imposing any conditions, restrictions, or requirements othei-, dif- ferent or additional to any herein contained upon any sanitary district which may be formed hereunder. 340. Capacity of channel — its increase — removal of obstruc- tions in rivers.] § 23 . If any channel is constructed under the pro- visions hereof by means of which any of the waters of lake Michigan shall be caused to pass in to the DesPlaines or Illinois rivers such channel shall be constructed of sufficient size and capacity to produce and maintain at all times a continuous flow of not less than 300,000 cubic feet of water per minute, and to be of a depth of not less than fourteen feet, and a current not exceeding three miles ])er lioui*, and if any portion of any such channel shall be cut through a territory with a rocky stratum, where such rocky stratum is above a grade sufficient to produce a depth of water from lake Michigan of not less than eighteen feet, such portion of said channel shall have double the flow- ing capacity above provided for, and a wddth of not less than one hundred and sixty feet at the bottom capable of producing a depth of not less than eighteen feet of water. If the population of the district drained in to such channel shall at any time exceed 1 , 500 , 000 , such channel shall be made and kept of such size and in such condition that it will produce and maintain at all times a continuous flow of not less than 20,000 cubic feet of w^ater per minute for each 100,000 of the population of such distri(it, at a current of not more than three miles Duaijs'ACtE and Sewerage. 171 per lioiir, and, if at any time the general government shall improve the DesPlaines or Illinois rivers, so that the same shall be capable of receiving a flow of 600,000 cubic feet of water per minute, or more, from said channel, and shall provide for the payment of all damages which any extra flow above 300,000 cubic feet of water per minute from such channel may cause to private property, so as to save harmless the said district from all liability therefrom, then such sanitary district shall, within one year thereafter, enlaige the entire channel leading in to said DesPlaines and Illinois rivers from said district to a sufficient size and capacity to produce and maintain a continuous flow throughout the same of not less than 600,000 cubic feet of water per minute with a current of not more than three miles per hour, and such channel shall be constructed upon such grade as to be capable of producing a depth of water not less than eighteen feet throughout said channel, and shall have a width of not less than one hundred and sixty feet at the bottom. In case a channel is constructed in the DesPlaines river as contem- plated in this section it shall be carried down the slope between Lock- port and Joliet to the pool commonly known as the upper basin, of sufficient width and depth to carry off the water the channel shall bring down from above. The district constructing a channel to carry water from lake Michigan of any amount authorized by this act may correct, modify and remove obstructions in the DesPlaines and Illinois rivers wherever it shall be necessary so to do to prevent overflow or damage along said river, and shall remove the dams at Henry and Copperas creek in the Illinois river, before any water shall be turned in to the said channel. And the canal commissioners, if they shall find at any time that an additional supply of water has been added to either of said rivers, by any drainage district or districts, to maintain a depth of not less than six feet from any dam owned by the state to and in to the first lock of the Illinois and Michigan canal at LaSalle, without the aid of any such dam, at low water, then it shall be the duty of said canal commissioners to cause such dam or dams to be removed. This act sliall not be construed to authorize the injury or destruction of existing /water power rights. 341. Completed channel a navigable stream.] § 24. When such channel shall be completed, and the water turned therein, to the amount of three liundred thousand cubic feet of water per minute, the same is hereby declared a navigable stream, and whenev^er the general govern- ment shall improve the DesPlaines and Illinois rivers, for navigation, to connect with this channel, said general government shall have full control over the same for navigation purposes, but not to interfere with its control for sanitary or drainage purposes. 342. Use of channel — its increase.] §25. Any district formed hereunder shall have the right to permit territory lying outside its limits and within the same county to draiti in to and use any channel or drain made by it, upon such payments, terms and conditions as may be mutu- aliy agreed upon, and any district formed hereunder is hereby given full Dkaixage axd Sewerage. m ])Ower <111(1 authority to (iontractt for the right to use rovided for ; and the turning of the sewage, of such city and district therein, and there shall be in such sanitary district, any territory bor- dering on any such city, incorporated town or village, within the limits of another city, incorporated town or village, which does not own any system of water works, at the time of the creation of such sanitary dis- trict, then upon application by the corporate authorities of such latter named city, incorporated town or village, the corporate authorities of such city, incorporated town or village, having such system of water works shall furnish water at the boundary line between such munici- palities by means of its water works to the corporate authorities asking for the same in such quantities as may be required to supply consumers within said territory, at no greater price or charge than it charges and collects of consumers within its limits for water furnished through meters^ in like large quantities. 344. Inspection of channel— defects of construction.] § 27 . If any channel shall be constructed under the provisions of section 23 -of this act, it shall be the duty of the trustees of such district, when sucli channel shall be completed, and before any water or sewage shall be admitted therein, to duly notify, in writing, the governor of this state of • such fact ; and the governor shall thereupon appoint three discreet per- sons as commissioners, one of whom shall be a resident of the city of Joliet, or between said city and the city of LaSalle, and one a resident of the city of LaSresiding officer. 530, Rights of (dther hoii.se saved. 531. Who may conte.st election of other officers. .532. Conte.stant to file statement etc. 533. Summons. .534. Evidence. 535. 'Trial . 536. Other elections contested. 537. When elector may defend for county. .538. Judgment. 539. Tie vote, how decided. 540. Certified copy of judgment. •541. When election adjudged void. .542. Appeal. 543. Primary elections — act, when to gov- ern. 544. Acceptance of act by committees. 545. Time and })lace of election — judges and clerks — proxies. 546. Notice of election — form of. 547. Judges’ and clerks’ oath — penalties. 548. Voters’ qualifications. 549. Election districts — election of dele- gates. 550. Challenge of voters — examination as to qualification — swearing in votes — penalties. .551. Offenses and penalties. 552. Qualifications, limitation on — chal- lengers — poll list. .553. Poll and tally lists — form of. .554. Oaths, administering thereof. 555. Ballots — form of. 5-56, Exhibition of ballot box, 557. Opening of polls, proclamation. 558. Closing of polls, proclamation. 559. Canvass of votes-r-proclamation of re- sult. 560. Canvass, how conducted. 561. Judges’ certificate to tally list. 562. Count of ballots. 563. Poll lists — what to show. 564. Certificate of result. 565. Deposit of poll and tally lists. 566. Certificate to successful candidates. 567. Penalties, not otherwise declared. 568. Repeal. 569. Primary election — who may vote at. 570. Violation of act — penalty. In Cities, Villages and iNCORroKATEi) Towns. An act regulating the holding of elections and declaring the result thereof in cities, villages and incorporated towns in this state. [Ap- proved June 19, 1885. In force July 1, 1885. L. 1885, p. 14-2. 1. This statute, regulating the holding of elections etc. in cities etc,, is not uncon- stitutional; People V. Hoffman, 116 111., 594; it is not invalid in that it requires Elections. 179 county treasurer to pay salaries of election commissioners; WetLerell v. Devine, 116 111., 631. Article T. — Adoption. 351. Adoption of act.] § 1. Be it enacted hy tJve people of the state of Illinois^ represented in the general assembly^ as follows^ That tlie electors of any city now existing in this state may adopt and be- come entitled to tlie benelit of this act in the manner following : Whenever one thousand of the legal voters of such city, voting at the last preceding election, shall petition the judge of the county court of the county in which such city is located to submit to a vote of the elect- ors of such city the proposition as to whether such city and the electors thereof shall adopt and become entitled to the benefit of this act, it shall be the duty of such county court to submit such proposition ac- cordingly, at the next succeeding general state or county election, and, if such proposition is not adopted at such election, the same shall, in like manner, be submitted to a vote of the electors of such city, by such county court upon like application, at any general state or county elec- tion thereafter and an order shall be entered of record in such county court submitting such j^roposition as aforesaid. If one thousand shall exceed one-eighth of the legal voters of any such city voting at the last preceding election, then such petition or application need not be signed or made by more than one-eighth of the legal voters of such city vot- ing at the last preceding election. ' 352. Notice of election — duty of county clerk — penalty — ex- penses.] § 2. The judge of such county court sliall give at least sixty days’ notice of such election, by publishing such notice in one or more newspapers published within such city, for at least live times, the first publication to be at least sixty days before the day of election, and, if no newspaper is published in such city, then by posting at least live copies of such notice in each ward sixty days before such election ; and, such court shall enter an order directing the county clerk to prepare the necessary blank returns for the use of the judges of election substan- tially in the following form : “At an election held in tlie precinct of the ward in the city of in the state of Illinois, on the day of in the year A. D , the following vote was cast for and against city election law, to wit: For the city election law votes. Against city election law votes. Certified by us A B ) C D - Judges of Election. E F i Attest: V [ Clerks of Election.” Also, to prepare separate tally sheets with apj^ropriate headings. And, it shall be the duty of such county clerk to deliver to the judges of all the precincts in such city at such election proper tally sheets and lilank statements of returns of votes cast for and against such proposi- 180 Elections. tion at such election. And, it sliall be the duty of said judge of the county court to supervise and direct such matters and see that they are proi)erly done. Said judge of the county court shall, also, ])repare directions to the judges and clerks of election as to the manner of canvassing the votes for and against such ])roposition, keeping tally thereof and making re- turns of the votes as to such proposition, in accordance with the provi- sions of tl)is article ; also, informing them therein of the penalties of the law imposed upon the judges and clerks for aiiy refusal or neglect pertaining to their duties, and such judge of the county court shall de- liver such dii’ections to the county clerk, directing him to have them ])rinted and sent out to such judges and clerks. And, it shall he the duty of such county clerk to obey such instructions. And, it shall be the duty of the county clerk to do, and cause to be done, all things required of him by this article, and for a failure to per- form such duties he shall, on conviction, be sentenced to the county jail for not less than six months nor more than twelve months, and shall, also, be removed from his office by the court in which such conviction shall be had. The county shall pay all expenses connected with such election. 353. Form of ballots.] § 3. At such election the ballots, so far as they relate to this act, shall be written or printed in the following form : “ For city election law ”, or Against city election law”. 354. Tickets — what to contain.] § 4. The ballot upon such pro- position ill the form aforesaid must be printed or written at the bottom of the ticket containing the names of candidates for public offices at such election who are voted for by any elector. But, if any elector de- sires to vote upon such proposition and does not desire to vote for any candidate for any public office, he may vote a ballot prepared as afore- said, without the name of any candidate being thereon ; but, he can not by one ballot vote for or against such proposition and, then, by another ballot vote for any candidate for any office at that election. If any one shall vote a ballot which shall contain no reference to such propo- sition, or if both forms of ballot, viz.: For city election law”, and “Against city election law”, be upon the same ticket unerased, such ballot shall not be counted for or against such proposition. 355. Ballots — how canvassed.] §6. The judges of such election shall canvass the ballots so cast for or against such proposition. They shall count in favor of said proposition all ballots “ For city election law”, and they shall count against such proposition all ballots “Against city election law 356. Manner of canvass — announcing result.] § T. Such can- A’ass shall be made by such judges in the following manner : Before the name or names of any candidate on any ballot shall be canvassed, one of said judges, the other two sitting on either side of him and ob- serving the canvass, shall separate all of the ballots cast in such pre- cinct into three piles or files, ])utting together in the first pile all those containing the phrase “For city election law”, and putting to- Elections. 181 getlier in tlie vsecond pile all the ballots coiitaiiiiiig the phrase ‘^Against city election law ”, and putting together in the third pile all the other ballots of every description. One of said three judges shall then count the first pile of ballots in batches of ten, and when one batch is counted, shall pass the same to the next judge, who shall count the same and pass it to the third judge, who shall also count it, and when the three shall have finished the count of the ten ballots, the last judge shall announce in a loud voice the result, “ ten votes for city election law ”, when the tally clerks shall tally ten votes accordingly on each tally sheet for city election law, and so the whole pile shall be counted, and before counting the second pile the clerks shall announce the re- sult or number so entered and credited “ For city election law” and, then, the second pile shall be counted in the same way in batches of ten, and the result tallied and announced in the same way ‘‘Against city election law”. And thereupon it shall be the duty of each of said judges in turn to announce in a loud voice the result of the election in that precinct upon that proposition. JS^o ballot shall be counted for or against such proposition, unless it be in the form herein prescribed; no account is to be kept of the third pile of ballots as to such proposition. 357. Duty of judges — when no tally sheets.] § 8. If no tally sheets shall be furnished to the judges and the clerks of any precinct relating to such proposition, such clerks shall use any piece of paper containing the headings written out by either of them: “For city election law” and “Against city election law”, and tally the vote thereon opposite the respective headings as announced to them ; and if no blank statements of returns relating to such proposition be pro- vided or furnished to them, then it shall be the duty of said judges and clerks to write out a return in triplicate, in substance in accordance with the form found in section two of this article. 358. Manner of making returns.] § 9. After ascertaining and announcing the result as aforesaid, such judges shall make, fill up and sign triplicate returns or statements of the votes cast for and against such proposition as aforesaid, in the form found in section two of this article. Each of which shall be attested by the election clerks, and each of which shall then be inclosed and sealed in an envelope, one of which shall be on the outside addressed to the judge of the county court, one to the clerk of the county court, and one to the comptroller of such city, or to the ofiicer whose duties correspond with those of the comptroller. Upon each of which statements shall be indorsed “ City election law re- turns ”. In the same manner the tally sheets shall be signed by said judges and clerks, and shall be inclosed and sealed in separate envelopes, one of which shall be addressed to the county judge and one to the city clerk ; upon both of said envelopes shall be indorsed “ City election law tallies”. On the outside of each envelope shall be indorsed whether it contains a statement of the votes cast or the tallies, and for what ])recinct and ward. After the envelopes respectively containing such returns and tallies are closed and sealed, the judges of election shall each write across the folds of such envelopes their names, and thereupon each 182 Elections. of said judges of election sliall take one of said returns, and each of said election clerks shall take one of said tallies, and shall deliver, each one res|)cctively, to the person or officer to whom addressed, by noon of the next day, and when delivered he shall receive a receipt therefor from the officer to whom delivered. And it shall be the duty of such officers to give such recei})ts, and to safely keep such envelopes unofiened until called for by the canvassing board lierein provided. 359. Special watchers of canvass.] § 10. At the canvass of the ballots in any precinct in any city where surh proposition has been sub- mitted, it shall be the duty of said judges of election, on request, to admit to the room two electors of the ward who voted in favor of such ])i‘oposi- tion, and two who voted against it, as special watchers of such canvass; and said judges and the police officer or other officer of the law ]>resent, shall protect such watchers and see that they are not excluded, and at the time of such canvass of the ballots cast for or against such proposi- tion, such watchers shall be entitled to a position where they can plainly see and reach each ballot ; and it shall be the duty of such judges to grant and protect them in such position. 360. Canvass by county judge — declaring result when act operative.] § 11. ( 3 n the sixth day after such election the judge of the county court shall call to his assistance two well known electors of integrity and character, one of whom voted for and one of whom voted against such proposition, who shall constitute the canvassing board, to canvass the returns and votes so cast for and against such proposition. Such canvass shall be conducted in public in the room usually occupied by such county court. The envelopes ontaining all the returns and all the tally sheets shall, upon the demand of the judge of the county court, be delivered to said board by the officers so having either of them in his possession. Thereupon the same shall be opened in order and the vote on such proposition ascertained and announced. All of such returns and tallies may be used in ascertaining the result, and when, in the opin- ion of said board, any doubt exists as to what the actual vote was, which was cast for or against such proposition in any precinct, or upon the written application of two persons who were at such canvass, and who shall make oath that they believe that the returns of the said judges of election as to such proposition are not correct, said county judge shall demand of and receive possession from such county clerk the ballets so cast in such precinct at such election, and it shall then be the duty of said board to open the envelope containing said ballots and to recount the same, and to hear evidence of any person present at such precinct canvass touching the same ; and, thereupon, said board shall announce and declare the vote cast foi- and against such proposition in such pie- cinct, which shall be conclusive as to the ballots so cast ; and, there- upon, the said judge of the county court, so having received ])ossession of such ballots, shall again place them upon a string or tvvine and ])lace them in the same envelope, or another with like indorsements, and seal the same, and shall write across the face thereof, “ Opened by the county judge”, and sign his name thereunder, and shall then return such bal- Elections. 188 lots to the possession of the county clerk. Said returns and tallies shall, also, be returned to the officers from whom received, who shall safely keep the same for six months, and then destroy the same if there be no contest. At the completion of the canvass of all the precincts in such city, tlie total number of votes cast for and against such proposition in the various precincts, ascertained as aforesaid, shall be added together by said board, who shall then declare the total result ; thereupon, said county court shall enter an order declaring the number of votes so ascertained, cast for, and the number of votes cast against such 2>ropo- sition, and if such proposition shall have received a majority of the votes cast for and against the same at such election, the court shall, by its order, declare this act adopted ; and it shall be the duty of such county judge to tile a copy of such order in the office of the secretary of state, and, thereupon, this act shall become operative and binding, and the law for all elections in such city, and for the electors thereof, and all courts and other persons shall take notice thereof. 361. Neglect of duty, by judge or clerk, felony — opening ballot etc.J § 12. Any judge of election or clerk of election, who shall wil- fully neglect to peihorm any duty imposed upon him by this article, shall be deemed guilty of a felony and, upon conviction, be imprisoned in a penitentiary for not less than one year and not more than three years. Any judge of election or clerk of election, who shall wilfully open, change, tear, mutilate, lose or conceal, or wilfully cause or p)ermit to be opened, changed, torn, mutilated, lost or concealed, any return of votes cast for or against this act, or any tally sheet of votes so cast for or against such proposition after the same has been sealed up and de- livered to him to be carried and delivered to the officer of law re(|uired by this act to receive the same, shall be deemed guilty of a felony and, upon conviction, shall be imprisoned in a penitentiary for not less than three nor more than five years. 362. Stealing or mutilating return etc. — penalty. J § 13. Any officer having possession of such returns, tallies or ballots, who shall steal, counsel or assist in stealing, or who shall change or mutilate any return or tally sheet relating to such election, shall be deemed guilty of felony and, upon conviction, shall be imprisoned in the peni- tentiaryynot less than five, nor more than ten years. And, any other Pierson who shall steal, counsel or assist in stealing, or who shall change or mutilate, or counsel or assist in changing or mutilating any return, ballot or tally sheet relating to such election, shall be deemed guilty of a felony and, on conviction, shall be imprisoned in the penitentiary not less than five years, nor more than ten years. 363. Offenses governed by state law.] § 14 . All other offenses pertaining to the conduct of any election under this article shall be governed by the laws of the state not inconsistent herewith. 364. Adoption of act by village or town.] § 15. Any village or incorporated town in this state may adopt this act in like manner, and the same shall be submitted to a vote of the people of the said village 184 Elections. or town upon written application, to said county court, of five hundred electors in such village or town. 365. Effect of adoption of act.] § 16 . After and from the time of the ado])tion of this act, as aforesaid, the provisions of the same shall he a])plicai)le to such cities, villages or towns, and all laws in conflict tlierewitli shall no longer be applicable to such cities, villages or towns. 1 hit all laws or parts of laws not inconsistent with the provisions of this act shall continue in force and be applicable to any such city, village or town, the same as if this act had not been adopted.. Article II. — Election Commissioners and Their Duties. 366. Creation of board of election commissioners — term etc.] § 1. In every city, village and incorporated town so adopting this act, there shall be created a board of election commissioners, which shall be composed of three members, each of whom shall be designated asan elec- tion commissioner, and shall be appointed by the county court in the county in which such city, village or incorporated town shall be located. And, such appointment shall be entered of record in such court and, when qualified, such commissioner shall be an officer of such court. Tlie first appointment of such commissioner shall be within sixty days after the adoption of this act, and those first appointed shall hold their offices for the jieriod of one, two and three years respectively, and the judge appointing them shall designate the term for which each one shall hold his office, whether for one, two or three years. If the office of either commissioner shall become vacant it shall, thereupon, be the duty of such county court to appoint a successor for such unexpired term ; after the expiration of the term for which each commissioner is ap- pointed, such court shall, in the same way, nominate and appoint a suc- cessor, who shall hold his office for the period of three years, and until his successor is appointed. 1. Tlie constitution does not vest in the governor the selection and appointment of local municipal officers — such as election commissioners; People Hoffman, 116 111., 594. 2. The power to create a board of election commissioners may be appropriately delegated to a judicial tribunal; it does not violate the constitutional division of governmental departments; People v. Hoffman, 116 111., 594. d. This statute, providing for the creation of a board of election commissioners in cities etc. and its appointment by the county court is a proper delegation of power to a judicial tribunal; People v. Hoffman, 116 111., 594. 367. Commissioners — selection — qualifications — vacancy.] § 2. Two of such commissioners, at least, shall always be selected from the two leading political parties of tlie state, one from each of such parties, and all shall be legal voters and householders, residing iu such city, village or incorporated town, and be men of well known political convictions and of approved integrity and capacity. No commissioner can hold any other public office. Whenever it shall come to the know- ledge of such judge of the county court that one of the leading political parties of the state is not represented upon such commission by a.j^erson of the same political faith, he shall at once remove one of suchcommis- Elections. ]g5 siuiiers, and fill the vacanc}^ with a member of tlie leading political party not so represented. 1. A statutory direction that appointees to an office shall be selected from two political parties is but a rule to guide the appointing power, it imposes no act or action on the appointees of whom no test can be required save the constitutional oath; People V. Hoffman, 116 111., 594. 368. Removal on complaint — cause for.] § 3. Such judge of the county court may, at any time, upon complaint made and cause shown, satisfactory to him, after notice to such commissioner, and an opportu- nity to be heard, remove any such commissioner and enter of record in the court such order of removal, and there shall be no appeal from such order. Such complaint must be signed and sworn to by at least twenty-five legal voters of such city, village or incorporated town, and must state the grounds of such complaint. 369. Organization of board — officers — oath — bond — office.] § 4. Within twenty days after such first appointment shall be made, such commissioners shall organize as a board by electing one of their number as chairman, and one as secretary, and they shall perform the duties incident to such offices. And, upon every new appointment of a commissioner, such board shall reorganize in like manner. Each com- missioner, before taking his seat in such board, shall take an oath of office before such county judge, which in substance shall be in the fol- lowing form : “I, do solemnly swear (or affirm) that I am a citizen of the United States, and have resided in the city of in the state of Illinois, for a period of ten years last past, and that I am a legal voter and householder in said city and state. That I will support the constitution of the United States and of the state of Illinois, and the laws passed in pursuance thereof, to the best of my ability, and will faith- fully and honestly discharge the duties of the office of election commissioner for said city Which oath, when subscribed and sw'orn to before such judge, shall be filed in the office of the county clerk of said county, and be there preserved. Such commissioner shall, also, before taking such oath, give an official bond in the sum of ten thousand dollars, with two securities, to be approved by said judge, conditioned for the faithful and honest performance of his duties and the preservation of the property of his office. Such board of commissioners shall at once secure and open an office, sufficient for tiie purposes of such board, which shall always be kept open during business hours of every day, Sundays and legal holi- days excepted. Upon the opening of such office, the county clerk of the county in which such city, village or incorporated town is situated, shall, upon demand, turn over to such board, all registry books, poll books, tally sheets and ballot boxes heretofore used, and all other books, forms, blanks and stationery of every description in his hands in any way relating to elections or the holding of elections within such city, village or incorporated town. 370. Board — provide ballot boxes etc.] § 6. Such board shall provide all necessary ballot boxes and all registry books, poll books, tally sheets, blanks and stationery of every description with printed 24 ]86 ELECTIOi^'S. lieadings and certificates, necessary and proper for the registry of voters and the conduct of sncli election, and for every incidental pur- ])ose connected tlierewitli. 371. Chief clerk — powers and duties of.] § 7 . Said board shall have the right to employ a chief clerk, who shall have charge of the office of said hoard, and who shall he present and in attendance at all proper business hours. Such chief clerk shall take an oath of office before such county judge, to the effect that he will honestly and faith- fully perform all the duties of such office, under the direction of said hoard, which shall be preserved in the same way, and he shall be under the direction of said board, and he shall have the right to administer all oaths required under this act to be administered by either of said commissioners. Such additional assistance may be employed by said board from time to time, as may be necessary, with the consent and approval, previously entered of record, by said county court, or which may afterwards be approved by such court. 372. Commissioners to establish election precincts.] § 8. It shall be the duty of said l)oard of commissioners, within two months after its first organization, to divide such city, village or incorporated town into election precincts, which shall contain, as nearly as practicable, three hundred actual voters and, in making such division, and estab- lishing such precincts, such board shall take as a basis the poll books, or the number of votes cast at the last previous presidential election. Witliin ninety days after each presidential election, such board shall revise and re-arrange such precincts on the basis of the votes cast at such election, making such precincts to contain, as near as practicable, three hundred actual voters, measured by the vote of such election, but at any time and in all instances where the vote cast at any precinct, at any election, equals four hundred and fifty, there must be a re-arrange- ment, so as to reduce the vote to the standard of three hundred, as near as may be. The precincts in each ward, village or incorporated town shall be numbered from one upwards consecutively. 1. It is essential to tlie validity of an election tliat it be held at tbe time and in the place provided by law; Stephens v. People, 89 111., 337. 2. Absolute necessity alone will justify the holding of an election at a place other than that provided by law; Simons v. People, 18 App., 588. 373. General registration of voters. ) § 9. After the first organi- zation of such board of commissioners it shall prepare for a new and general registration of voters for the next general city or village elec- tion, or general state or county election, as the case may be, and when made, such registry shall be continued and revised in the manner here- inafter provided. 1. The constitution does not prohibit — but contemplates — that the legislature shall provide a mode of ascertaining and determining the existence of voters’ qualifi- cations; People V. Hoffman, 116 111., 594. 374. Judges and clerks — appointment and qualifications.] § 10. Said board of commissioners shall, at least sixty days prior to such election, select and choose three electors, who shall be house- Elections. 187 holders, as judges of election for each precinct in such city, village or incorporated town. They must be citizens of the United States, and entitled to vote in the ward, village or incorporated town, in which such precinct is located at the next election, and they must be men of good repute and character, who can speak, read and write the English lan- guage, and be skilled in the four fundamental rules of arithmetic, and the}^ must be of good understanding and capable; they must reside in the precinct of the village, city or incorporated town at which they are selected to act, and they must not hold any office or employment under the United States, the state of Illinois, or under the county, city, village or town in which such election is to be held, and they must not be can- didates for any office at the next ensuing election. Two clerks of election shall be selected within the same time by said board, who shall possess the same qualifications as the judges, except that they need not be householders. Being a notary public shall be no disqualification for judge or clerk. 375. Examination of judges etc. — confirmation — rejection — exemption — refusal to serve — penalty.] §11. Each and every person so selected by the board of election commissioners shall be noti- fied of the fact of his selection, with direction to appear, within the time fixed in the notice, before such board for tlie purpose of examina- tion, and if, upon examination, he is found qualified, he shall, unless excused, by such commissioners, by reason of ill health or old age, be bound to serve as such officer for the term of one year, if his appoint- ment shall be confirmed by the county court. Said commissioners shall keep books in which shall be written down the names of all such judges and clerks agreed upon before such notification, to appear before them, and if, when they appear, .they shall be rejected for want of qualifica- tion, such fact shall be noted on said books opposite their names, and if excused on the ground of ill health or old age, such fact shall be noted, in like manner also, if they do not appear for examination, such fact shall be noted. No person shall be compelled to serve as judge or clerk, for three years after the expiration of his term of service. The judges and clerks of election shall be exempt from jury duty during the term of their service, and for two years thereafter. In case such person, so selected and notified to appear for examination, shall not appear before such board as required, or if he does appear and shall refuse to serve, he shall forfeit not less than one hundred dollars nor more than three hundred dollars, unless it shall appear that lie was not qualified for such service for any reason herein stated. 376. Appointment and removal of judges and clerks.] § 12 . In the selection of judges of election, at least one judge shall be selected from each of the two leading political ]>arties or organizations of the state, to serve in each precinct, and one clerk of election shall be selected from each of the two leading political parties of the state to serve in each precinct. Each of the commissioners shall have a veto upon the proposed selection or nomination of any judge or clerk, and if, in any instance, in consequence of such veto, the board can not agree upon such 188 Elections. appointments, then the names of six persons wlio are eligible shall be selected for judge or clerk, as the ease may be, by the commissioner or commissioners belonging to the leading ])olitieal j)arty entitled to be represented by such judge or clerk, and out of said six names the other commissioner or commissioners representing the other leading political party of the state, shall select the name of such judge or clerk, who, when so selected, shall be the judge or clerk, if otherwise eligible, if he will serve or shall be not excused for cause, and if he shall be con- firmed by tlie county court. In case tlie persons so selected for judges or clerks do not appear for examination on notification, then some other per- sons shall be selected and notified as aforesaid, until some eligible person is found who will serve. In all cases where the ])arties aforesaid do not appear and be examined, or if they do appear and refuse to serve, it shall be the duty of the commissioners, by the corporate name of the board of commissioners of election, to prosecute such persons for such forfeiture above provided, and collect and pay over the same in to the county treasury, and the failure of such board of commissioners of election, or eitlier of them, to prosecute such persons shall be sufficient cause for removal from office and, when established, the county court shall so remove such commissioner or comtnissioners from office. 377. Judges and clerks to be selected from different political parties.] g 13. The leading political party represented by a minority of all the commissioners in said board shall be entitled to one of the judges and one of the clerks in each ])recinct with an even number, and to two of the judges and one of the clerks in each precinct with an odd number, and the other leading political party shall be entitled to two judges in the even and one judge in the odd numbered pre- cincts and, also, shall be entitled to one clerk in each precinct, and it shall be the duty of such commissioners to observe this division in all respects in making such appointments. If there should be three po- litical parties represented in said board of commissioners, then each of such parties shall have one representative as judge in each precinct, as far as practicable, to be selected under some rule to be adopted by such board. And, if there be not three political parties represented upon such board, yet if there be a third political party in such city, respect- able in numbers, said commissioners may, in their discretion, select a judge from said party for each precinct, if a proper person for such position can be found, in such manner as said board may agree upon. 378. Selection of judges and clerks returned to county court — confirmation — vacancies — removals.] ^ IT. After the judges and clerks are selected and have agreed to serve, then a report of such se- lections shall be made and tiled in the county court and application shall, then, be made by said board to said court for their confirmation and appointment; whereupon the county court shall enter an order that cause be shown, if any exist, against the confirmation and appointment of such persons so named, on or before the opening of the court, on a day to be fixed by the court. And, said board of commissioners shall immediately give notice of such order, and the names of all of such Elections. ] 8 !) judges and clerks so reported to such county court for contirmation, and their residence, and the precinct for which they are selected, by caus- ing the same to be published in one or more newspapers in such city, village or incorporated town, and, if no newspaper be published in such city, village or incoi-porated town, then by posting such notice in three of the most public places in such city, village or town; and, if no cause to the contraiy be shown prior to the day fixed, such appoint- ments sliall be confirmed by order entered by that court. If objections to the appointment of any such judge or clerk be filed, within the time aforesaid, the court shall hear such objections and the evidence intro- duced in support thereof, and shall confirm or refuse to confirm such nominations, as the interests of the public may require. No reasons need be given for a refusal to confirm. If any vacancies shall exist by reason of the action of such board or otherwise, at any time, the said board of commissioners shall further report and nominate persons to fill such vacancies so existing in the manner aforesaid, and the court in the same way shall consider such nominations, and shall confirm or re- fuse to confirm the same in the manner aforesaid. Upon the confirma- tion of such judges and clerks, at any time, a commission shall issue to each of such judges and clerks, under the seal of such court, and appropriate forms shall be ]>repared by said board of commis^ioners for such purpose. After such confinnation and acceptance of such commission, such judges and clerks shall, thereupon, become officers of such court, and shall be liable in a ]u-oceeding for contempt for any misbehavior in their office, to be tried in open court on oral testimony, in a summary wajq without formal pleadings; but such trial or punish- ment for contempt of court shall not be any bar to any proceedings against such officers, criminally, for any violation of this act. Where a vacancy shall occur so late that application to and contirmation by the court can not be had before the election, then said board of com- missioners shall make appointment and issue a commission to such officer or officers, and when thus appointed, such officer shall he con- sidered an officer of the county court, and subject to the same rules and punishment, in case of misbehavior, as if confirmed by said court, and any judge or clerk, however appointed and at whatever time, shall be considered an officer of court, and be subject to the same control and punishment in case of misbehavior. Said board of commissioners shall have the right at any time, in case of misbehavior or neglect of duty, to remove any judge of election or clerk of election, and cause such vacancy to be filled in accordance with this act. The judges and clerks of election must be appointed and confirmed at least thirty-five days prior to the next election. If any vacancy shall occur or exist more than five days before election, the judges or clerks appointed to such places must be confirmed by such court. Such commissioners shall not voluntarily remove any judge or clerk within five days of such election, except for flagrant misbehavior, incapacity or dishonesty. And the reasons therefor must afterward be reported in writing to such court, and if such removal be wilful and without cause, said commissioners I!H) ElPX'TIONS. sliall ]>e guilty of ii misdeincaiior under tliis aet, and be subject to removal. 379 - Judges and clerks to be notified — oath.] § 15 . After the issue of a commission to such judges and clerks, they shall again be notified to aj)pear at the office of said board and shall, then and there, after taking tlie oath of office before one of said commissioners or said chief clerk, receive their commissions, and the oath of office shall be in writing and subscribed by each one, and shall be in substance as follows : “I. , residing at in the city (village or town) of in the state* of Illinois, do soleinnly sw(>ar (or alhriii) that I am a legal voter (and a honsehohler in case of a judge), in the ward of the city (village or town) of in the state of Illinois; that I will siii)]>ort the laws and constitution of the Tnited States and of the state of Illinois, and that I will faithfully and honestly discharge the duties of the office of judge (or clerk) of elections and of registration', for the prc'cinct of the ward of the city (village or town) of in the county of ,in the state of Illinois, according to the best of my ability”. 380. Registry and polling place in each precinct.] § 16 . It shall be the ditty of said board of commissioners to appoint the place of registry and, also, the polling place, in each precinct in such city, village or town, and to give public notice thereof, and shall cause the same to be fitted up, warmed, lighted and cleaned; but, in each election ])recinct, such jfiace or places shall be in the most public, orderly and convenient ]'>ortions thereof, and no building or part of building shall be designated or used as a place of registry, or revision of registration, or as a polling place, in which spirituous or intoxicating liquor is sold. 381. Record of penitentiary convicts — persons pardoned.] §17. It shall be the duty of the clerk of any court where parties are tried or convicted of penitentiary offenses, in the county where such city, village or incorporated town is located, to furnish, monthly, to such board of commissioners the names of all parties convicted or sen- tenced for any crimes, the punishment of which is confinement in the penitentiary, and their place of residence, if such fact be in the posses- sion of such clerk. It shall be the duty of the governor of the state, on or before the first day of October in each year, to furnish to such commissioners of election the names of all persons pardoned by him out of the penitentiary, for any crime of which such party was con- victed in a court in a county, where said city, village or incorporated town is located. 382. Monthly reports of the dead.] § 18 . It shall be the duty of the person or officer, having charge of the vital statistics of any such city, village or incorporated town, to furnish to such board of election commissioners, monthly, a report of the names and the previous resi- dences of all male persons over twenty-one years of age tliat have died during the preceding month. 383. List of the dead and criminals.] § 19 . It shall be the duty of the board of election commissioners to cause to be arranged, as nearly as possible according to wards in cities, and election ])recincts in villages or incor]'»orated towns, the names and the residences, or the former resi- Elections. 191 deuces, of all such criminals and of all such deceased jiarties. and to have tlie same printed by wards in cities and election precincts in vil- lages or incorporated towns, and furnish a printed list of the names of such ]iersons, whose residence was formerly in such wards or precincts to all the judges of election of such wards or precincts when acting as a board of registry, for their guidance, and when they shall be advised that a pei’son convicted of a crime has been ]>ardoned, such fact shall be noted opposite his name. Such list shall be arranged al])habetically. 384. Notice of registration.] § 20. It shall be the duty of such board to give timely notice through the press of the time and place of registration and election in each precinct of such city, village or incor- porated town ; and they shall, also, cause the printed list and supplement of the registration for the previous election to be posted up at the place of registration, two days before such registration, with a printed notice of the time and place of the next registration. This to be obligatory only after the first registration under this act. 385. Rules and regulations — conduct of elections.] §21. Said board of commissioners shall make all necessary rules and regulations, not inconsistent with this act, with reference to the registration of voters and the conduct of elections; and, they shall have charge of and make provisions for all elections, general, special, local, municipal, state and county, and of all others of every description, to be held in such city or any part thereof, at anv time, or in such village or incor- porated town, as the case may be. 386. Election days — holidays.] § 22. The days- upon which the general, state or county or city elections shall, hereafter, be held in such city, village or incorporated town, shall be holidays, and shall, for all purposes whatever as regards the presenting for payment or acceptance, and of the protesting and giving notice of the dishonor of bills of ex- change, bank checks and promissory notes, and as regards days of grace upon commercial paper, be treated and considered as is the first day of the week, commonly called Sunday. 387. Subsequent selection of judges and clerks.] § 23. At least sixty days prior to the next election, occurring immediately after the expiration of the term of office of said judges and clerks, said elec- tion commissioners shall cause judges and clerks of election again to be selected, who shall be selected, appointed and commissioned in the same way, according to the same forms and subject to the same quali- fications and limitations as required for the selection and appointment of such officers in the first instance hereunder. Aktici.e III. — General Registration. 388. Board of registry.] §1, The judges of election shall consti- tute the board of registry in tlie precinct for which they shall be ap- pointed. 1. The registration of voters in cities etc. is not an arbitrary and unreasonable ex- ercise of the power to regulate elections; People v. Hoffman, 116 111., 594. Elections. 192 389 . Who entitled to vote.] § 2. Every person having resided in the state one year, in the county ninety days and in the election pre- cinct tliirty (lays next preceding any election therein, who was an elector in tliis state on the first clay of April, in the year A. D. 1848, or obtained a certificate of naturalization before any court of record in this state prior to the first day of January, one thousand eight hundred and seventy, or who shall be a male citizen of the United States above the age of twenty-one years, shall be entitled to vote at such election. 1. p]acli state has an undoubted ri^lit to prescribe the ({ualifications of its own voters. The qualification which the voter is required to possess, in a congressional election, depends, entirely, on the law of the state in which the elective francise is exercised; Spragins Houghton, 2 Scam., 377. 2. The right of suffrage is not co-extensive with the right of citizenship; Blanck tj. Pausch, 113 111., 64. 3. It does not follow that one who has a domicile has a right to vote; Kreitz v. Behrensmeyer, 125 111., 169. 4. In this state permanent residence must always precede an election for an ex- tended space of time — varying from one year to thirty days — to entitle to vote; Kreitz ^ V. Behrensmeyer, 125 111., 169. 5. Abandonment of domicile before election on a day too near election to be quali- fied in a new district takes away the right to vote; Kreitz v. Behrensmeyer, 125 111., 169. 6. Legal voter is not deprived of his right to vote here by having voted in another state, while temporarily engaged in business there; O’Hair v. Wilson, 124 111., 351. 390 . Meeting of board of registry — registry books — control of.] § 3. Such board of registry and the election clerks shall meet in the precinct on Tuesday, three weeks preceding the first general city, village or town election, or the first general state or county election which may occur after the first appointment of such board of election commissioners, at the place designated by such board of commissioners, and they shall then proceed to make a general registration of all the voters in such precinct. A new general registration shall be made, by the board of registry, in every year in which a congressional election occurs, and just prior thereto, the first day of such registration being on Tuesday, three weeks before such election, and the second day of regis- tration being on Tuesday, two weeks before such election. Three registry books shall be furnished to such board by the board of election commissioners for the purpose of such registration, and such books of registry shall be prepared substantially in the following form : Elections. 193 240 Ohio St 205 Ontario St 150 Dearborn Ave. 131 Clark St Residence. Anschuler,Christ’n. Allen, John Ansfin OprirD’o B CD ■Ji s* B Address. 0 a 1 ’ England f4pnrcrifl . Massaehus’ts.. Nativity. V- 1 ^ W Cl ^ B B < o c » cc cc Precinct. Term of Resi- dence. cc ic » CD County. Ci c 02 t ^ ^ o: CD State. > • 1 T> ^ ( D • -5 1 I Native. cc 1-^ CD Naturalized. July 1, ’(58.. -I ! Date of , Naturali- i zation Papers. j Not known.. ( Baltimore.. . Superior, N.Y. 1 Court. 1 By act of Congress. Yes.. Yes . . No.. . Yes. . Qualified voter o < 0 ( j 1 : ^ < 0 o o o o ^ Vx DO GO 00 Date of Applica- tion for Registry. ! 1 1 Why disqualified 1 Erased. 1 Bestored. 1 By Commissioners. 1 By Court. 1 Vote challenged. 1 Remarks. O I— I OT o o •-3 ?d CO SI o I— t o 0 S) u I 1!)4 INFLECTIONS. One of said books shall be denominated “Public Register” on the outside or on tlie lirst })age. Said board of registi’y shall then proceed as follows: I. They shall o})cn the registry at eight o’clock a. m. and continue in session until nine o’clock r. m. on the first day. One of the judges shall administer to all persons who shall personally apply to register the following oath or affirmation : “Yon do solemnly swear (or affirm) that you will fully and truly answer all such questions as shall be put to you touching your place of residence, name, place of birth, your qualifications as an elector, and your right, as such, to register and vote under the laws of this state ”. II. Each of said clerks of election and one of said judges of election, shall have charge of tlie registry books and shall make the entries therein, required by this act, and one of the judges shall ask the ques- tions as to (jualification and, after he is through, either of the judges may ask questions. One of the judges of election may, when neces- sary, relieve one of the clerks, from time to time as necessity may seem to demand, in making entries in said book. III. The name of every applicant shall be entered in such registry books, and all the facts shall be therein stated, as hereinafter provided, whether he be entitled to vote or not. If it shall be determined by the board that he is not a qualified voter in such precinct, then an entry shall be made in the appropriate column “no”, and if qualified, an entry shall be made in the same column “ yes”. lY. Only such male persons of the age of twenty-one years, residing in such precinct, as apply personally for registration, shall be entered in such registers, but every applicant who vvould be twenty-one years of age on the day of the next election, if otherwise qualified, shall be entered on such registers. Every applicant who has commenced to re- side in such precinct at least thirty days before such election, shall be entered in such registry, and shall be marked “qualified” or “dis- qualified”, as the case may be; but, unless, on the day of election, he shall have resided for thirty full days in such election precinct, he can not vote therein, although otherwise qualified. Y. The headings to the registry books shall be so prepared that the registry shall be made alphabetically, according to the surname of each person applying; but, it shall be arranged so that the residence of such persons shall appear in the first column. The register shall be ruled, and one name shall be written on each line, but no name shall be writ- ten between the lines. The entries shall be as follows : 1. Under the column “Residence”, the name and number of the street, avenue, or other location of the dwelling, if there be a dehnite number, and, if there shall not be a number, such clear and definite de- scription of the place of such dwelling as shall enable it to be readily ascertained. If there shall be more than one house at the number given by the applicant as his place of residence, state in which house he resides. And, if there be more than one family residing in Elections. 195 said house, either the floor on which he resides or the number, or loca- tion of the room or rooms occupied by him, whether front or rear ; every door below the level of the street or ground being designated as the basement ; the first door above such level being designated as the drst door, and each door above that as the second or such other door as it may be. 2. Under the column “ Address”, the name of the applicant, writing the surname drst, and given or Christian name after. 3. Under the column, “ Nativity,” the state, county, kingdom, em- pire or dominion, as the facts, stated by applicant, shali be. 4. Under the subdivisions of the general column “Term of Resi- dence.” the periods by days, months or years stated by the applicant. 5. Under the column “Naturalized,” the word “yes;” under the col- umn “Native,” the word “yes,” according to the fact stated. 6. Under the column “Date of Papers”, the date of naturalization, if naturalized, or about the date. 7. Under the column “Court”, the designation of the court in which, if naturalized, such naturalization was had; and, if the name of the court can not be had with certainty, then the name of the place in which such court was located. 8. Under column ‘‘By Act of Congress”, the word “yes” in case such person, though foreign born, has been made a citizen by act of congress without taking out his naturalization papers. 9. Under the column “ Qualified Yoter ” the word “ yes ” or “ no ”, as the fact shall appear or be determined by a majority of the board of registry, it being, however, required of them, to designate as a quali- fied voter any male person, who, if otherwise qualified, shall not, at the time of making application, be of age, provided the time when such applicant shall be of the age of twenty-one shall be subsequent to the date of his application, and not later than the day of election im- mediately following such time of applying. 10. Under the column “Date of Apj)lication,” the month, day and year when the applicant presented himself, and was adjudged a qualified voter in election precinct. [As amended June 18, 1891. L., 1891, p. 128. 391. Daily certification of registration.] § 4. At the end of each day’s registry, or revision of registration, said judges shall each sign his name at the end of the list on each page, so that no new name can be added without discovery, and shall, also, sign a certificate, as herein- after provided ; but, before doing so, the said judges and clerks shall compare the three registers so kept, and cause any differences to be cor- rected, and to make the same agree in all respects, and said judges shall then attach at the end of each register, in substance in the words and figures following : “We, the undersigned, judges of election in precinct of the ward of the city of in the state of Illinois, do jointly and severally certify that at the general registration of electors in. said election precinct, on the day of there were registered by us in said election precinct the names I'Jti Elixtioxs. which in this book arc entered, and that the numl)er of registered and qualified voters was and is the number of “ Dated ” 392. Registry to be posted — right to challenge — affidavit.] ^ 5. 8aid lioard of registry shall, on or before noon of the day follow- ing such registry’, hang np the register, which shall be known as the ))nblic register, at the ])lace of registration, which shall be accessible to the ])iiblic (hiring all business hours, and the other two registers shall be I’etnrned to the board of election commissioners, within the time aforesaid. Any voter of the ward, village or town shall be ])erinitted to be present at the place of registration in said ward and shall have the right to challenge any ajiplicant who applies to be registered. And, when challenged such applicant must make an affidavit in writing, set- ting out the facts which constitute him a voter in such precinct, and leave it with said board of registiy, and if it shall be deemed sufficient and if the board is convinced that such person is a qualified voter, then he must be admitted to such register as qualified. And, any person claiming to be an elector of any election precinct in such city and who, upon application, is denied the right to be registered as a qualifieci voter in such precinct, may, within two days after such denial of reg- istiw, make and sign an application in writing, under oath, to said board of election commissioners in substance in the following form : “ I do solemnly swear that I did, on make application io the board of registry of the precinct of ward of the city of and that said board refused to register me as a qualified voter in said precinct; that I reside in said precinct, am a duly qualified voter and entitled to vote in said precinct at the next election ”. 393. Revision of register — second meeting — corrections etc. — copy.] §6. On Tuesday, two weeks preceding such city, vil- lage, town, state or county election, said board of registry shall again meet at the place designated, and said clerks of election shall meet with tliem, and they shall remain in session from eight o’clock a. m. until nine o’clock P. M., for the purpose of registering all qualified voters not before registered, and who shall apply, in person, to be regis- tered. The same forms shall be observed as to applications made on the second day as were required on the first day of registry. If, at the end of such day’s registration, the said registers shall be examined, com- pared and made to agree, and they shall then be signed by the judges in the same way as at the end of the first day’s registry, and simrlar certificates shall be attached thereto. The board of election commissioners shall furnish to the board of registry in each precinct, a blank book, which shall be named “Verification Lists,.” each page of which shall be ruled into three columns, and those on the left hand side shall be marked thus : Elections. 197 registerp:d names. street Number. (Name) Street. Names. And the pages on the right hand side shall be marked thus : NAMES NOT REGISTERED. Street Number. (Name) Name. Street. Such book shall contain pages sufficient to allow six pages for each street, avenue, alley and court in the precinct. During the progress of the registration, or immediately thereafter, the clerks of said board shall transfer all the names upon the register to the left hand page of such “verification lists,” arranging them according to the streets, avenues, alleys or courts, beginning with the low- est residence number, and placing them numerically, as near as possible, from the lowest up to the highest number. They shall first write the name of such street, avenue, alley or eourt at the top of the second column, and then proceed to transfer the names to the left hand page of such “verification lists,” according to the street numbers as above indicated. On the opposite, or right hand page, the name of the same street, avenue, alley or court, shall be written in the second col- umn. If, during either day of registration, any registered voter of the ward, village or incorporated town, shall come before the board of registry and make oath that he believes that any par- ticular person upon said registry is not a qualified voter, such fact shall be noted; and after the completion of sueh “verifieation lists,” such board or one of said judges, shall make a cross or check mark in ink opposite such name. If said judges, shall, how- 11)8 Elections. ever, know that any ])erson so complained of is a qualified voter, and shall believe that such complaint Was only made to vex and harass such (pialilied votei', then such name shall not be put upon such list of sus- pected persons; but shall go upon such list in case any one of the judges desire. Said judges shall, before noon of the next day, hang up such public register at the ])lace of registration and, within the same period of time, return the other two registers to the office of said elec- tion commissioners. [As amended June 18, 1891. L. 1891, p, 123. 394. Clerks to canvass precinct, how— suspended list— refusal to answer questions — policeman — penalties.] § 7 . The clerks of election are, hereby, constituted canvassers of the precinct for which they are appoinfed, and upon the Wednesday and Thursday following the second day of registration, if so much time shall be required, aaid two clerks shall go together and canvass such precinct, calling at each dwelling place or each house where any one may reside in such pre- cinct, and each dwelling })lace, as indicated upon said verification lists, and ascertain the name of every male inhabitant (>ver twenty-one years of age residing in such precinct, and if they shall find that any person upon their ‘‘ verification lists,” on the left hand page thereof, does not reside at the place designated thereby, they shall make a check mark or cross opposite such name. Said canvassers shall also write dowm in their “ verification lists,” on the right hand page thereof so designated, “ Names not registered,” according to the street and street numbers, all the names of all persons so ascertained by them who reside in such precinct whose names are not already upon their ‘Aerification lists.” No name shall be wi’itten down on said right hand page which already appears on said left hand page of such “ verification lists.” Whenever deemed necessary by said canvassers, or either of them, he, or they, may demand of the sujierin- tendent, captain, lieutenant, having command of the police in such por- tion of the city, village or town, to furnish a policeman to accompany them and protect them in their duties, when necessary ; and it shall be the duty of such superintendent, captain or lieutenant, or othei' person, having authority over such police in such locality, to furnish a ])olice- man for such purpose and, in default thereof, such captain, superintend- ent, lieutenant, or other person, shall be deemed guilty of a misde- meanor, under this act, and shall be liable to a penalty not exceeding one hundred dollars nor less than twenty-five dollars. If, in making such canvass, any person shall refuse to answer questions and to give the information asked for and known to him or her, such person shall be deemed guilty of a misdemeanor, under this act, and shall be liable to a penalty not to exceed fifty dollars. In making such canvass said canvassers shall make special inquirj^ at the residence, as designated in the registry and verification lists as to all the persons so registered as qualified voters. [As amended June 18, 1891. L. 1891, p. 123. 395. Notice to suspects — neglect to mail or deliver — penalties.] § 8. Immediately upon the completion of such canvass said canvassers, Elections. ]!)!) or one of them, shall sign a notice and send the same through the United States mail, duly stamped, to the address given upon the registry and “ verification lists,” of all persons named therein against whose names they have made a cross or clieck mark, indicating that they did not reside in such place as before stated, and also to the address of all persons against whose names said registry board or judge of elec- tion has placed a check mark or cross in such “ veritication lists,” which notice shall require such person to appear before the board of registry upon the Saturday following, giving the time of such session, and to show cause why his name should not be erased from such registry. Proper blanks and postage stamps shall be furnished for the purpose to said canvassers by the board of commissioners. A similar notice shall be also served by one of said canvassers, either at the time such canvass is being made or before the following Saturday, by leaving the same with the party, if found, or, if he is not found at the place designated in snch registry and “ verification lists,” by address given upon the legistry and ‘‘ verification lists,” of all persons named therein against whose names they have made a cross or check mark, indicating that they did not reside in such })lace as before stated, and also to the address of all persons against whose names said registry board or judge of election has placed a check mark or cross in such “ verification lists,” which notice shall require such person to appear before the board of registry upon the Saturday following, giving tlie time of such session, and to show cause why his name sliould not be erased from such registry. Proper blanks and postage stam[)s shall be furnished for the purpose to said canvassers by the board of commissioners. A similar notice sliall be also served by one of said canvassers, either at the time such canvass is being made or before the following Saturday, by leaving the same with the party, if found, or, if he is not found at the place designated in such registry and “ verification lists,” by leaving the same at such address if there be such a place. Such notice, to be sent through the mail, must be mailed not later than 10 o'clock Friday morning of the week of such canvass. If suflucient postage stamps are not delivered to such canvas- sers by said board for the purpose aforesaid, then any one may furnish such postage stamps to such canvassers for that purpose, or such can- vassers may procure the same at their own expense and afterward render an account therefor to said commissioners, duly sworn to, and it shall be the duty of the said commissioners to audit such account and cause the same to be paid. It shall be the duty of such commissioners, upon application, to deliver to such canvassers postage stamps sufficient for the purpose aforesaid, when not delivered before, and it shall be the duty of such canvassers, or one of them, to apply to said commissioners for such postage stamps, if sufficient number have not been delivered to them for the purpose aforesaid, and any willful neglect of said canvas- sers to make application for sufficient postage stamps as aforesaid, and any willful neglect of such canvassers to mail the notice aforesaid to all of the parties checked and designated as aforesaid, and the willful 200 Ei.fxtioxs. neglect of such canvassers to leave the notice aforesaid at the place e or justice of the peace shall have ju- risdiction, on complaint, to issue a warrant to any constable or the sheriff of the county to remove such obstruction as a nuisance ; and in executing such warrant he may call any person to his assistance, and no other othcer of the law or private individual shall interpose or inter- fere with such removal; and, if he does he shall be guilty of a misde- meanor and, on conviction, shall be imprisoned in the county jail not less than sixty nor more than ninety days. 422. Entry of voter’s name.] *^§ 4 . Each of the clerks of election shall keep a ])oll book which contains a column headed “Number”; another hea'ded “Kesidence”. and another “Names of Voters”. The name of such elector voting shall be entered u])on each of the poll books by the clerks, in regular succession, under the proper headings, and the number of such voter placed opposite the name in the column headed “Number”. 1. Failure to Dumber a ballot voted is irregular, but not to deprive a voter of his vote; O’Hair 7 ;. Wilson, 124 111., 351. 423. Name on ballot.] § 5 . Each voter may write his name upon the back of his ballot with ink or in pencil. 424. How ballots received — challenge.] § 6 . One of said judges of said election shall receive the ballot from the voter, and shall announce the residence and name of such voter in a loud voice. And, the other two judges shall use and handle the two registers delivered to the judges by said commissioners, each using one. And, when the name is found by both upon the registers, and the residence, as given by such voter, corresponds with the residence on such registry, and he is marked as a qualified voter therein, and not erased, then such judge shall receive such ballot unless such voter is challenged, and shall fold the same, if it be not folded, and shall mark the number of such vote thereon, which shall correspond with the number as then and there en- tered by said poll clerks upon the poll books. Said judge shall then put said vote in to the ballot box, in tlie presence of the voter and of the judges and clerks of election and in plain view of the public. The judges having charge of such registers shall then, in a column prepared thereon, in the same line of the name of the voter, mark “ vmted ”, or the letter “ Y ”. If such person so registered shall be challenged as disqualified, the party challenginj: shall assign his reasons thereforand, thereupon, one of said judges shall administei’ to him an oath to answer (piestious ; and if he shall take said oath he shall then be questioned by said judge or judges touching such cause of challenge and touching any other cause of disqualification. And, he may also be (luestioned l)y the person challenging idm in regard to his qualifications and identity. But, if a majority of the judges are of the opinion that he is the person so registered and a qualified voter, his vote shall then be received ac- cordingly. But, if his vote be rejected by such judges, such person may afterward produce and deliver an affidavit to such judges, subscribed Elections. 211 and sworn to by liini before one of said judges, in wliicli it shall be stated how long he has resided in sucli j)recinct, county and state, that he is a citizen of the United States, and is a duly ([ualitied voter in such precinct, and that he is the identical person so registered. Also, sup- ported by an attidavit by a registered voter, who is a householder re- siding in Slid) precinct, stating his own residence, and that he knows such person, and that ho does reside at the place mentioned, and lias resided in such precinct, county and state for the length of time as stated by such person ; which shall be subscribed and sworn to in the same way. Whereupon the vote of such person shall be received, numbered and entered as other votes. But, such clerks and the judges having charge of such registers shall state in their respective books the facts in such case, and the affidavits, so delivered to said judges, shall be preserved and returned to the office of the commissioners of election. Blank affidavits of the character aforesaid shall be sent out to the judges of all the precincts, and the judges of election shall furnish the same on demand and administer the oaths without criticism. Such oaths, if administered by any other officer than such judge of election, shall not be received. 1. An agreement among certain voters to “ pair off ’’and absent tliemselves is of no validity. The judges of election are not required to regard it. The vmters, non obstante the agreement, have a right to vote; if they offer to vote their ballots can not, lawfully, be rejected; Piatt «. People, 29 111., 73. 2. None but a qualified elefctor has a right of action for a rejection of his vote; Mills V. M’Cabe, 44 111., 194. 425. Voter’s name must be on register.] § 7. The vote of no one shall be received by said judges whose name does not appear upon said registers as a qualified voter. 426. Challengers — watchers — canvass — policemen present.] § 8. At every election each of the political parties shall have the right to designate and keep a challenger at each place of registration, revision of registration and voting, who shall be assigned such position, immediately adjoining the judges of election, inside the polling or registration booth as will enable him to see each person as he offers to register or vote, and who shall be protected in the discharge of his duty by the judges of election and the police. And, authority signed by the recognized chairman or presiding officer of the chief managing committee of a partv in anv such city, village or incorporated town, shall be sufficient evidence of the right of sucli challenger to be present inside the room where the ballot box is kept. But, in case any challen- ger can not or does not produce the authority of such chairman, it shall be the duty of said judges of election to recognize a challenger that shall be vouched for and presented to them by the persons present be- longing to such political party, or who shall be vouched for by the judge representing such party. The chairman of the managing com- mittee of each political party for such city, village or town may i-emove any challenger appointed by him. The challenger so appointed and admitted to the room where such ballot box is kept, shall have the right and privilege of remaining during the canvass of the votes, and until Elections. the retiinis are duly signed and made. Each political party sliall, also, have the ri<^ht to a challenger ])laccd conveniently outside of the polling booth, but not in the way of the voters. In addition to such challenger, each of the political parties casting votes at such poll at the close of th(‘ polls, shall have the right to the admission of two persons of their ])olitical faith in to the room where such ballots are to be canvassed, to watch such canvass, which watchers may be selected by the captain of the ward or precinct, or other ])ersons managingthe political interests for such party in such ward or precinct, and, in the absence of such selection, it shall be the duty of the judges of such election to admit in to such room two persons of each political party so voting at such election, and who shall be vouched for by the judge or judges representing such political })arty, to be present during the canvass of such votes and making of such returns. That such persons shall be of good character, and sober, and shall in no wise interfere with such canvass. The police shall in no manner interfere with the entrance of such watchers into such room, but they shall keep order and, in case of any disorderly conduct on the part of any bystanders or watchers, it shall be the duty of the police to exclude such persons from such room. It shall, also, be the duty of such judges of election to admit one or more policemen to be present in such room at the time of such canvass. 427. Judges, as peace officers.] § 9. Said judges of election shall have authority to keep the peace and to cause any person to be arrested for any breach of the peace or for any breach of election laws, or any interference with the progress of such election or of the canvass of the ballots; and it shall be the duty of all officers of the law present to obey the order of such judges of election, and an officer making an arrest by direction of any judge, shall be protected in making such arrest the same as if a warrant liad been issued to him to make such arrest. 428. Judicial election — official ticket holders — penalty.] § 10. It shall be the duty of the board of election commissioners, at any judi- cial election, at which no other officers are to be elected than a judge or judges, to appoint two competent and discreet persons residing in any ward, village or town, to act as official ticket holders for each pre- cinct on the da}^ of election, one from each of the leading political par- ties of the state, and who shall wear a badge indicating that they are such official ticket holders. Such commissioners shall furnish them with a box conveniently arranged to contain such tickets or ballots. And, it shall be the duty of both such official ticket holders to keep on hand, if furnished to them, tickets of each candidate at such election in such precinct, and to furnish the ticket asked for by any person, irre- spective of party. It shall be the duty of such official ticket holders to preserve and protect siicli tickets and not to destroy the same, and to prevent their needless destruction. Such official ticket holders shall be present at such polls from the opening to the close. Any such official ticket holder neglecting to perform his duty or who shall desert his place, or who shall corruptly use his position, or wdio shall in any way Elections. 213 interfere in such election, or who shall canvass for voters for either party or for any person, shall he guilty of a misdemeanor, under this act, and shall forfeit his fee or salary for such service and, on convic- tion, shall be imprisoned in the county jail not less than thirty nor more than sixty days. Sucli ticket holder shall be protected by the police, and a majority of said judges of election at such precinct may, for misconduct, remove any such official ticket holder and appoint another in his place, of the same political party, and such removal shall be enforced by any police officer. 429. Canvass not to be adjourned — challengers and watchers.] § 11 . As soon as the poll of an election shall have been finally closed the judges of election, in their several precincts, shall, immediately and at the place of the poll, proceed to canvass the votes cast. Such canvass shall not be adjourned or post|joned until it shall have been fully completed, nor until the several statements here- inafter required to be made by the judges and clerks shall have been made out and signed by them. The judges of election shall have the right to station one or more police officers, or officers of the peace, at such entrance to the room where such canvass is begun, or about to take place, to exclude disorderly persons and to keep the peace. The challengers present, and the watchers of such canvass shall be allowed to be present, and so near that they can see that the judges and clerks of said election are faithfull}’ performing their duties. Each candidate for an office to be tilled at such election, by certificate in writing, signed by him, may designate one person for each election precinct in which he is a candidate, to be present at such canvass of the ballots, and suck person shall be admitted to a position in said room as a watcher of such canvass. And the judges of election shall permit him to be pre- sent, and to be so near to them that he can see that such canvass and the statements required by them of the votes are correctly made, and no judge of election or police or other officer shall allow such person to be molested or removed during the canvass of such ballots, nor un- til such statements have been made, completed and signed, unless he shall be, personally, guilty of fraudulent or disorderly conduct. 430. Canvass — how made.] § 12. The judges of election shall first count the whole number of ballots in the box. If the ballots shall be found to exceed the number of names entered on each of the poll lists, they shall reject the ballots, if any, found folded inside of a bal- lot that is marked, and upon which there is no mark. And, if the bal- lot and the poll lists still do not agree, after such rejection, they shall reject as many of the ballots upon which no number is marked as may be necessary to make the ballots agree in number with the names en- tered on eacli of the poll lists. And if, after rejecting all the ballots upon which there is no number marked, the number of ballots in the box still exceeds the number of names entered on each of the poll lists, the ballots shall be replaced in the box, and the box closed and well shaken, and again opened ; and one of the judges shall publicly draw out and destroy so many ballots unopened as shall be equal to such ex- 214 Elections. cess. And, the liallots or poll lists agreeing, or being made to agree in this way, the board shall pioceed to count the votes in the following manner: Said judges shall open the ballots, and ]>lace those which crn- tain the same names together, so that the several kinds shall be in sepa- rate piles, oi* on sepai’ate files. Each of the judges shall examine the separate files which are, or are supposed to be, alike and exclude from such tiles any which may have a name or an erasure, or in any manner shall be different from the others of such file. One of said judges shall then take one file of the kind of ballots which contain the same names, and count them by tens, carefully examining each name on each of said ballots. Such judge shall then pass the ten ballots aforesaid to the judge sitting next to him, who shall count them in the same manner, who shall then pass them to the third judge, who shall, also, count them in the same manner. The third judge shall then call the names of the persons named in the ten ballots, and the offices for which they are designated ; and the poll clerks shall tally ten votes for each of such persons. When said judges shall have gone through such tile of ballots, containing the same names, by tens in that way ; and when the poll clerks shall have tallied all the votes by tens for each of such ])ersons, they shall, then, take up the next tile of ballots containing the same names, and shall count them by tens in the same way ; and shall call the names of the persons named in said ballots, and the offices for which they are designated ; and the tally clerks shall tally the votes by tens for each of such persons in the same manner as in the first instance. When the counting of each file of ballots which contain the same names shall be completed, the poll clerks shall com- pare their tallies together and ascertain the total number of ballots of that kind so canvassed. And, when they agree upon the number, one of them shall announce it in a loud voice to the judges. The said judges shall then canvass the other kinds of ballots which do not cor- respond, those containing names partly from one kind of ballots and partly from another, being those usually called “ split tickets and those from which the name of the person proper to be voted for on such ballots has been omitted or erased, usually called “ scratched tick- ets”. They shall be canvassed se])arately by one of the judges sitting between the two other judges, which judge shall call each name to the poll clerks, and the office for which it is designated ; and the other judges, looking at the ballot at the same time, and the poll clerks mak- ing tally of the same. When all the ballots have been canvassed in this manner, the poll clerks shall com])are their tallies together, and ascer- tain the total number of votes received l)y each candidate, and when they agree upon the numbers, one of them shall announce in a loud voice to the judges the number of votes received by each candidate on each of the kinds of ballots containing his name, the number received by him on the split and scratched tickets, and the total number of votes received by him. 431. Ballots strung.] § 13. Each batch of ten ballots counted by the judges of election shall, as soon as counted, read and tallied, be Elections. 215 strung upon a strong string, thread or twine, in tlie order in which they have been read ; and each batch shall be thus disposed of before the coininencement of the count as to the next batch. 432. Proposition submitted — canvass.] § Whenever any proposition is submitted to a vote of the people, and is printed or writ- ten upon the same ticket, with the names of candidates for an office, the names, together with such proposition, shall be canvassed in the following manner : All the ballots shall be first separated into three piles. The first pile containing all the ballots in favor of such proposi- tion, the second pile containing all the ballots against such proposition, and the third pile containing all the ballots not mentioning such propo- sition, or being neither for or against such proposition. Each of the judges shall then examine each pile, and see that the separation has been properly made. Then the first pile shall be counted by tens, and the result announced to the clerk, who shall tally the same by tens. And so the second pile shall be counted, announced 'and tallied, and likewise the third pile, if necessary. Whereupon the clerks shall an- nounce to the judges the number of votes for and the number of votes against such proposition. The ballots for or against any proposition submitted shall always be canvassed, counted and tallied l)efore the names of candidates for any office are canvassed, counted or tallied. 433- When tally sheets contain no heading for proposition — duty of judges.] § 15. If the tally sheets and returns should contain no heading for any proposition submitted, it shall be the duty of the clerks to write into such tally sheets and returns the headings necessary in order to keep a correct tally, and to make a correct and accurate return, and it shall be the legal duty of the clerks and judges of election to make a true count and correct return of all votes upon any such proposition, and any wilful failure or neglect of any judge or clerk to do so shall constitute a felony and, on conviction, such judge or clerk shall be sent to the penitentiary for not less than three years nor more than five years. 434. Judges to proclaim number of votes etc.] § 16. When the canvass of the ballots shall have been completed and the poll clerks shall have announced to the judges the total number of votes received by each candidate, each of the judges of election, in turn, shall then pro- claim in a loud voice, the total number of votes received by each of the persons voted for in such precinct, and the office for which he is desig- nated ; and the number of votes for and the number of votes against any proposition which shall have been submitted to a vote of the people. Such proclamation shall be prima facie evidence of the result of the canvass of such ballots. 435. Returns — certificate — direction.] § 17. The said judges of election shall make quadruple statements of the result of the canvass, one of which shall be written, or partly written and partly printed, in each of the poll books used at such election. Each of the statements shall contain a caption stating the day on which and the number of the elec- tion precinct and the ward, city and county in relation to which such 216 Elections. statements shall be made; and the time of opening and closing of the polls of such election precinct. It shall, also, contain a statement show- ing the whole number of votes given fur each person, designating the office for which they were given, which statement shall be written or ])artly written and partly jirinted in words at length; and in case a ]>roposition of any kind has been submitted to a vote at such election, such statements shall also show the whole number of votes cast for or against such j)roposition, written out or partly written and partly printed in words at length. And, at the end thereof, a.certilicate that such statement is correct in all respects. Which certificate and each sheet of paper forming part of the statement shall be subscribed by the said judges and election clerks. If any judge or election clerk shall decline to sign such return, he shall state his reasons therefor in writing, and a coj)y thereof, signed by himself, shall be inclosed with each return. Each of the statements, except the one contained in each of the poll books, shall be inclosed in an envelope, which shall then be securely sealed with sealing wax or other adhesive material ; and, each of the judges and each of the election clerks shall write his name across every fold at which the envelope, if unfastened, could be opened. One of the envelopes shall be directed to the county clerk, and one to the comp- troller of the city, or to the officer of such city whose duties corre- spond with those of the comptroller. Each set of tallies shall, also, be signed by the election clerks and the judges of the election. And each shall be inclosed in an envelope, securely sealed and signed in like manner; and one of the envelopes shall be directed on the outside to the election commissioners, and the other to the city, village or town clerk. On the outside of every envelope shall be indorsed whether it contains the statement of the votes cast or the tallies, and for what precinct and ward, village or town. 1. The fact that ou an election for or against the same candidates or measures, held on the same day in two different cities, in one city the returns are to the city clerk and in the other to the county clerk does not affect the fact of a “ free and equal” election; People s. Hotfman, 116 111., 594. 2. Votes shown by a return, from a town, the poll books returned to county clerk and the secretary of state not having the statutory certificate, should be rejected by the canvassing board and a result declared on returns conforming to the statute; Lawrence Co. v. Schmaulhausen, 123 111., 328. 3. It is the duty of the canvassers to make out a certificate etc. and return etc. to proper officers, who constitute a board of canvassers. If there be no contest, how- ever, entered, the canvassing board can but declare the result shown by the certifi- cate; People V. Kilduff, 15 111., 492. 436. One ballot of each kind attached to returns etc.] § 18 . Before inclosing in an envelope the statements or returns aforesaid, and after signing the same, said judges shall securely paste or attach to each return one ballot of each kind found to have been given for the officers to be chosen at such election, and they shall state in words, at full length, immeiliately opposite such ballot, and written partly on such ballot and partly on the paper to which it shall be pasted or at- tached, so that one of each kind of l)allots received at such election for the officers then to be chosen shall be pasted or attached to such Elections. 217 statement of such canvass. If only one ballot of any kind shall be found in the ballot box, it shall be pasted or attached to the statement to be delivered to the board of election commissioners, and if only two ballots of any kind are found in the box, one shall be pasted or attached to the statement to be delivered to the board of election commission- ers, and the other statement to be delivered to the county clerk. They shall, also, paste or attach all the ballots rejected by them as beinic defi- cient, in whole or in part, to the statement, to be delivered to the board of election commissioners. 437. Poll books to be placed in ballot box etc.] § 19 . The poll books, which contain two of the several statements or returns, shall be placed in the ballot box, and the ballot box shall then be locked and the key removed, whereupon said judges of election sIirII all write their names upon a strip of paper of sufficient length for the following pur- pose : Said strip of paper, after the signing of their names thereon by said judges, shall then be pasted over the keyhole in said ballot box, and extending upward to the upper lid of the box, and carried for some distance over the top, and it shall be placed in such a way that the signatures of said judges shall extend across the place of the open- ing of the lid of the box, so that when the box is opened it shall tear such paper, and destroy the signatures written thereon, and so that when the key shall be inserted in the keyhole it will tear the paper so pasted over the keyhole. Such paper shall be fastened wdth sealing wax, or by some other adhesive material, which will not permit the removal of such slip of paper without defacing the same. 438. Judges to deliver ballot box etc. to commissioners.] § 20. Thereupon one of the judges of election shall take charge of said ballot box and its contents so inclosed, and one of the judges, who shall represent the opposite political party from the one taking the ballot box, shall receive and hold the key thereto. The two judges who do not have charge of the ballot box shall each take one of the statements of votes cast into his possession, sealed upiirthe enve- lopes, as aforesaid ; and each of the clerks shall take one of the tally sheets sealed up in the envelope, as aforesaid. Thereupon, and before separating the remaining ballots not pasted or attached to said state- ments, as hereinbefore provided, shall be destroyed, and the meeting of said judges and clei’ks shall then be dissolved. Thereupon, and be- fore twelve o’clock of the day after such election, the judge having possession of such ballot box shall deliver the same with the contents as aforesaid, to the board of election commissioners, with the seal un- broken, and shall receive a receipt therefor ; and, within the same pe- riod of time, the judge having possession of such key shall deliver the same to said board of commissioners and receive a receipt therefor, and the two judges not having possession of the ballot box and the two clerks shall each, before twelve o’clock of the next day after such elec- tion, deliver the statements and tallies so in their possession, respec- tively to the respective officers to whom addressed, as aforesaid, and ■who by this act are entitled to receive the same and, when delivered, 28 218 Elections. each one shall take a receipt from the ofKcer to whom delivered. And, none of them shall receive pay for their services as such judges or clerks without the production of tlie receipts so given them by tlie offi- cers aforesaid. It shall be the duty of tlie respective officers so desig- nated, to whom such statements and tallies are ordered to be delivered, to receive the same, and to safely keep under lock and key until or- dered to be surrendered as hereinafter provided. 439. Commissioners to receive, note condition and open ballot box.J § 21. The said board of election commissioners, upon the receipt of said ballot box and the key thereto, shall note the condition of the seal or stamp on said box, and enter the fact touching the same upon a book to be kept by them, together with the name of the officer who returned such ballot box. They shall, thereupon, open said ballot box and remove the poll books containing the returns of the votes cast, and note upon the same memorandum book their condition and shall put them in a secure place under lock and key, to which the public in no event shall have access. Article V. — General Canvass. 440. Canvassing board to open returns — abstract of votes, how made.] § 1- Within seven days after the close of such election, the county judge, with the assistance of the city attorney and the board of election commissioners, who are hereby declared a canvassing board for such city, shall open all the returns left, respectively, with the elec- tion commissioners, the county clerk and city comptroller, and shall make abstracts or statements of the votes in the following manner, as the case may require, viz. : All votes for governor and lieutenant gov- ernor on one sheet ; all votes for other state officers on another sheet ; all votes for presidential electors on another sheet ; all votes for rej^re- sentatives to congress on another sheet; all votes for judges of the su- preme court on another sheet ; all votes for clerks of the supreme court on another sheet; all votes for clerk of the appellate court on another sheet; all votes for judges of the circuit court on another sheet; all voles for senators and representatives to the general assembly on an- other sheet ; all votes for membei’s of the state board of equalization on another sheet ; all votes for county officers on another sheet ; all votes for city officers on another sheet ; all votes for town officers on another sheet, and all votes for any other office on a separate and appropriate sheet ; all votes for any proposition, which may be submitted to a vote of the people, on another slieet, and all votes against any proposition, submitted to a vote of the people, on another sheet. 1. The office of canvassers of the result of an election is, merely, ministerial. As such it will be controlled by the courts. These officers have no discretionary powers; they are to open the returns, make abstracts of the votes — as they appear — and the clerk is to deliver a certificate of election to each of the persons having the highest number of votes. They are not allowed to reject any return or to decide on the va- lidity thereof if, on its face, it is made in compliance with the law and in the form prescribed by statute; People c. Hilliard, 29 111., 423. Elections. 219 2. If an informality occur in making election returns it may be corrected by the canvassers. It should not be allowed to operate so as to disfranchise the others; People Hilliard, 29 HI.. 423. 3. A mere irregularity in conducting an election, which deprives no legal voter of his vote and does not change the result, never has been held to invalidate an elec- tion; Pratt V. People, 29 111., 72. 441. Canvassers to declare result — certificate — its force.] § 2. It shall be the duty of such board of canvassers to canvass, add up and declare the result of every election hereafter held within the boundaries of such city or incorporated town, and the county court shall, thereupon, enter of record such abstract and result, and a certified copy of such record shall, thereu})on, be filed with the county clerk of said county. And, such abstracts or results shall be treated by said county clerk in all respects as if made by the canvassing board, now provided by law, and he shall transmit the same to the secretary of state, or other proper officer, as required by law. And, such abstracts or results so entered and declared by such county court, and a certified copy thereof, shall be treated every where within the state, and by all public officers, with the same binding force and effect as the abstract of votes now authorized by the general law of the state. 1. The election does not depend on the declaration of the election board. If the declaration be withheld, or not made, through illegal causes, the office' will vest. The authority, rights and powers of an officer are derived from the election — not from the returns; People v. Kilduff, 15 111., 492. 2. Certificate of judges of election, with the list of voters and tally sheet is the sole evidence on which a canvassing board can act; Lawrence Co. v. Schmaulhausen, 123 111., 328. 442. Certificate of election.] § 3. The county clerk shall make out a certificate of election to each person having the highest number of votes for the several county and town offices, and deliver such cer- tificate of election to the person entitled to it, on his application. 443. Certificate of election — city offices etc.] § d. The county clerk shall make out a certificate of election to each of the persons hav- ing the highest number of votes, as declared by the order of said court, for the several city or town officers within such city, including al- dermen, and deliver such certificate of election to the person entitled to it, on his application. 444. City or town office — tie vote.] § 5. In the canvass of such votes by the canvassing board, provided in said act, said board shall de- clare who is elected to any city or town office. In the case of a tie in the election to any city office, or to any office voted for only within the territory of such city, it shall be determined by lot in such manner as such canvassers shall direct, which candidate or candidates shall hold the office and, thereupon, the person in whose favor it shall result shall be declared elected by the order entered in said county court, as afore- said. 445. Duty of canvassing board on indication of fraud.] § 6. If, upon opening the various returns so made by the board of canvas- sers, as aforesaid, there shall be any thing to indicate that a change has been made in such returns since signing the same by the judges or Klkctioxs. :i2() clerks, or of any fraud, in any respect, toiicliing sncli returns, it shall then be the duty of said canvassing boai’d to have all the tallies opened and examined. If there shall then be any doubt as to the genuineness of such returns for any precinct, and as to the actual vote as originally re- turned, and the truth respecting the same remains uncertain, it shall be the duty of such canvassers to examine any person or ])ersons who were present at the time of the j)roclamation so made by the judges of election, in such precinct, about which any doubt arises, and the board shall be permitted to place sucii parties or witnesses on oath, and ex- amine them touching the same, and it shall be their duty to call such parties who were present at the time of such proclamation to come be- fore them, and a subpoena may be issued by the county court, under the direction of said board, compelling any such witnesses to come before said board and give their evidence touching the matter in con- troversy ; and thereupon it shall be the duty of said board to declare the result of the vote in any such precinct, in regard to which any ques- tion arises, as it was proclaimed by the judges of election after the can- vass by them in such precinct, which result, when so declared, shall be binding and conclusive. 446. Presiding officer of board — declaring result.] § 7. The county judge shall be the presiding officer of such can vassing board, and a majority of such canvassing board shall have the right to declare the result, and the result, when so declared, the said county judge shall cause to be entered of record in his court as aforesaid, which shall be conclusive as to the votes cast at such election in all the precincts of such city. ArticleYI. — Offensks. 447. Offenses generally — penalty.] § 1. If, at any general reg- istration of voters, or at any meeting of the judges of election held for such purpose, or for revision thereof, as provided in this act, any per- son shall falsely personate an elector or other person, and register or attempt or offer to register in the name of such elector or other person ; Or if any person shall knowingly or fraudulently register or offer, or attempt or make application to register, in or under the name of any other person, or in or under any false, assumed or fictitious name, or in or under any name not his own ; Or shall knowingly or fraudulently register in two election precincts; Or, having registered in one precinct, shall fi-audulently attempt or offer to register in another ; Or, shall fraudulently register or attempt or offer to register in any election precinct, not having a lawful right to register therein ; Or shall knowingly or wilfully do any unlawful act to secure registra- tion for himself or any other person ; or shall knowingly, wilfully or fraudulently, by false personation or othei'wise, or by any unlawful means cause or procure, or attempt to cause or ]U’ocure the name of any qualified voter in any election precinct to be erased or stricken from any Elections. 221 registry of the voters of sucli district, made in pursuance of this act or otherwise, as in this act provided ; Or by force, threat, menace, intimidation, bribery, reward or offeror promise thereof, or other unlawful means, prevent, hinder or delay any person having a lawful right to register or be registered, from duly ex- ercising such right ; Or shall knowingly, wilfully or fraudulently compel or induce, or at- tempt, or offer to compel or induce, by such means, or any unlawful means, any judge of election or other officer of registration in any elec- tion precinct to register or admit to registration any person not lawfully entitled to registration in such precinct ; Or to register any false, assumed or fictitious name, or any name of any person except as provided in this act ; Or shall knowingly or wilfully or fraudulently interfere with, hinder, or delay any judge of election, or other officer of registration, in the discharge of his duties, or counsel, advise or induce, or attempt to in- duce, any such judge or other officer to refuse or neglect to comply with, or to perform his duties, or to violate any law prescribed for regulating the same ; Or shall aid, counsel, procure or advise any voter, person, judge of election, or other officer of registration, to do any act by law forbidden, or in this act constituted an offense, or to omit to do any act by law directed to be done ; Every such person, upon conviction thereof, shall be adjudged guilty of a felony, and shall be punished by imprisonment in the penitentiary for not less than one nor more than five years. 448. At city, village or town election — penalty.] § 2. If, at any election hereafter held in any such city, village or incorporated town, any person shall falsely personate any elector or other person, and vote or attempt or offer to vote in or upon the name of sucli elector or other person ; Or shall vote or attempt to vote in or upon the name of any other person, whether living or dead, or in or upon any false, assumed or fictitious name, or in or upon any name not his own ; Or shall knowingly, wilfully or fraudulently vote more than once for any candidate for the same office, except as authorized by law ; Or shall vote or attempt or offer to vote in any election precinct without having a lawful right to vote therein ; Or vote more than once, or vote in more than one election district ; Or, having once voted, shall vote or attempt or offer to vote again; Or shall knowingly, wilfully or fraudulently do any unlawful act to secure a right or an opportunity to vote for himself or for any other person ; Or shall by force, threat, menace, intimidation, bribery or reward, or offer or promise thereof, or otherwise unlawfully, either directly or in^ directly, influence or attempt to influence any elector in giving his vote ; Or prevent or hinder, or attempt to prevent or hinder, any qualified voter from freely exercising the right of suffrage ; Elections. 090 Or by any kucIi means induce, oi’ attempt to induce, any such voter to exercise any such rii^lit; Or shall, hy any such means, or otherwise, compel or induce, or attempt to compel or induce, any judge of election or other otHcer of election, in any election precinct, to receive the vote of any person not legally (pialitied or entitled to vote at the said election, in such district; Or shall knowingly, wilfully or fraudulently interfere with, delay or hinder, in any manner, any judge of election, poll clerk or other ollicer of election in the discharge of his duties; Or hy any of such means, oi* other mdawful means, knowingly, wil- fully or fraudulently counsel, advise, induce, or attempt to induce any judge of electi(.)n, poll clerk, or other officer of election, whose duty it is to ascertain, proclaim, announce or declare the result of any such election, to give or to make any false certificate, document, report, return or other false evidence in relation thereto; Or to refuse or neglect to comply with his duty, or to violate any law regulating the same, or to receive the vote of any person in any elec- tion district not entitled to vote therein ; Or to refuse to receive the vote of any person entitled to vote therein ; Or shall aid, coinisel, advise, procure or assist any voter, person or judge of election or other officer of election to do any act by law for- l)idden, or in this act constituted an offense; Or to omit to do any act hy law directed to he done; Every such person shall, upon conviction thereof, be adjudged guilty of a felony, and shall be punished for each and every such offense by imprisonment in the penitentiary for not less than one nor more than live years. 449. Poll clerk — false list — penalty.] § 3 . If aiiy election clerk, or poll clerk, or any judge of election performing the duties of poll clerk, or other person performing such duties, shall wilfully keep a false poll list ; ' Or shall knowingly insert in his poll list any false statement or any name or statement, or any check, alteration or mark, except as in this act provided ; He shall, upon conviction thereof, be adjudged guilty of a felony, and shall he punished by imprisonment in tlie penitentiary for not less than one nor more than live years. 450. Judge wilfully refusing vote etc. — penalty.] § E Every judge of election who shall wilfully exclude any vote duly tendered, knowing that the person offering the same is lawfully entitled to vote at such election: Or shall wilfully receive a vote from any person who lias been duly challenged in relation to his right to vote at such election, without exacting from such person such oath or other proof of (pialification as may he required by law ; Or shall wilfully omit to challenge any person offering to vote, whom he knows or suspects not to be entitled to vote, and who has not been challenged by any other person; Elections. 223 He sliall, upon conviction thereof, be adjudged gnilty of a felony, and shall be punished by iiriprisoninent in tlie penitentiary for not less than one nor more than two years. 451. False canvass etc. — penalty.] § 5. Every judge of election, member of any board of canvassers, messenger, poll clerk or other officer authorized to take part in, or perform an}" duty in relation to, any can- vass or official statement of the votes cast at any election in any pre- cinct, or in any city, village or incorporated town, who shall wilfully make any false canvass of sucli votes ; Or shall make, sign, publish or deliver any false return of such elec- tion, or any false certificate or statement of the result of such election, knowing tlie same to be false ; Or who shall wilfully deface, destroy or conceal any statement, tally or certificate intrusted to his cjire or custody ; Shall, on conviction thereof, be adjudged guilty of a felony, and shall be punished by imprisonment in the penitentiary for not less than five nor more than ten years. 452. Permitting false ballots etc. — penalty.] §6. If any per- son, other than a judge of election, shall, at any such election, know- ingly and wilfully put, or cause to be put, any ballot or ballots, or other paper having the semblance thereof, into any boxiiised at such election for the reception of votes ; Or if any such judge of election shall knownngly and wilfully cause or permit any ballot or ballots to be in said box at the opening of the polls and before voting shall have commenced ; Or shall knownngly, wnlfully or fraudulent!} put any ballot or other paper having the semblance thereof, into any such box at any such elec- tion, unless the same shall be offered by an elector, and his name shall have been found and kept upon the registry, as hereinbefore provided, or who shall be entitled to vote under this act ; Or if any such judge of election or othei* officer or person shall fraudu- lently, during the canvass of ballots, in any manner change, substitute or alter any ballot taken from the ballot box then being canvassed, or from any ballot box which has not been canvassed ; Or shall remove any ballot or seujblance thereof, from, or add any ballot or semblance thereof to, the ballots taken from the ballot box then being canvassed, or from any ballut box which has not been can- vassed ; Ev^ery such person shall, upon conviction thereof, be adjudged guilty of a felony, and shall be punished by imprisonment in the penitentiary for not less than one nor more than five years. 1. Tliat a name on a ballot is scratched raises no presumption that a judge of elec- tion made the erasure; Binger v. People, 21 App., 867. 2. Indictment for altering and defacing ballots at an election need not name the electors whose ballots were altered; Binger r. People, 21 App., 867. 8. Such indictment charging that defendant is a judge of election at an election for township officers is not objectionable; Binger v. People, 21 Ap])., 867. 4. Indictment charging one with having altered and defaced a ballot, legally voted at an election for township officers, after it was put in the ballot box, will sustain a conviction; Binger -r. People, 24 App., 810. Elections. m 453. Election officers — misconduct — fraud — penalty.] §7. If any sucli judge of election, poll clerk, or other officer of registration, revision, election or canvass, of whom any duty is refpn'red in this act, or by the general election laws of this state, so far as the same are con- sistent with the ])rovisions of this act, shall be guilty of any wilful neglect of such duty ; Or of any corrupt or fraudulent conduct or practice in the execution of the same ; He shall, on conviction thereof, be adjudged guilty of a felony, and shall be ])iinished by imprisonment in the penitentiary for not less than one nor more than live years. 454. Stealing document, vote etc. — penalty.] § 8 . Every judge of election, poll clerk, or other officer or person having the custody of any record, registry of voters or copy thereof, oath, i*eturn or state- ment of votes, certificate, poll list, or of any paper, document, or vote of any description in this act directed to be made, filed or preserved, who is guilty of stealing, wilfully destroying, mutilating, defacing, falsifying or fraudulently removing or secreting the whole or any part thereof ; Or who shall fraudulently make any entry, erasure or alteration therein, except as allowed and directed by the provisions of this act ; Or who permits any other person so to do ; Shall, upon conviction thereof, be adjudged guilty of a felony, and shall be punished for each and every such offense by imprisonment in the penitentiary for not less than five nor more than ten years. 455. Person not an officer — penalty.] g 9. Every person not an officer, such as is mentioned in the last [)receding section, who is guilty of any of the acts specified in said last section, or who advises, pro- cures, or abets the commission of the same or any of them, shall, upon conviction thereof, be adjudged guilty of a felony, and for each and every such offense shall be punished by imprisonment in the peniten- tiary for not less than ffve nor more than ten years. And, such offense shall be deemed to have been committed whether such person has or had any custody or control, rightful or otherwise, over, or is charged with any duty in relation to said records, register, ballots or other documents. 456. False swearing. 1 § 10. Any person who shall be convicted of wilfully and corruptly swearing or affirming in taking any oath or affirmation prescribed by, or upon any examination provided for in this act, shall be adjudged guilty of a wilful and a corrupt perjury, and shall be punished according to the laws of the state. 457 . Advising person to swear falsely etc.] § 11. Every person who shall wilfully and corruptly instigate, advise, induce or procure any person to swear or affirm falsely, as aforesaid, or attempt or offer so to do, shall be adjudged as guilty of subornation of perjury, and shall, upon Conviction thereof, suffer the punishment directed by law in cases of wilful and corrupt perjury. Elections. 225 458. Changing ballot etc.] § 12. If any person shall frandulently change or alter ihe ballot of any elector, or substitute one ballot fur another ; Or fraudulently furnish any elector with a ballot containing more than the proper nunibei’ of names; Or shall intentionally practice any fraud upon any elector to induce him to deposit a ballot as his vote, and to have the same thrown out and not counted, or to have the same counted for a person or candidate other than the person or candidate for whom such elector intended to vote ; Or otherwise defraud him of his vote ; Every such person shall, upon conviction thereof, be adjudged guilty of a felony, and shall, if a judge of election, poll clerk or other officer of election, be punished with imprisonment in the penitentiary for not less than two nor more than five years. And, if not such judge, poll clerk or other officer of election, shall be punished by imprisonment in the penitentiary for not less than one nor more than five years. 459. Felon no right to vote — pardon.] § 13. If any person who shall have been convicted of bribery, felony or other infamous crime, under the laws of any state, and who has never received the pardon for such offense from the officer entitled to grant such pardon, shall there- after vote, or offer to vote, at any election in such city, village or in- corporated town ; He shall, upon conviction thereof, be adjudged guilty of a felony, and for each and every such offense shall be punished by imprisonment in the penitentiary for not less than two nor more than five years. 460. Disobeying command of judge.] § 14. If any person shall wilfully disobey any lawful command of any judge of election, or of any board of registry, given in execution of his or their duty as such, at any election or registration, he shall, upon conviction thereof, be adjudged guilty of a misdemeanor, and shall be punished by impris- onment in the county jail for not less than thirty days nor more than one year ; or by a fine of not less than two hundred and fifty ($250) nor more than one thousand ($1,000) dollars ; or by both such fine and imprisonment. Any misdemeanor under this act, for which no penalty is specifically provided, shall be punished as provided in this section. 461. Breach of the peace.] § 15. If at any general registration of voters or revision thereof, or on any day of election, or during the can- vass of the votes cast thereat, any person shall cause any breach of the peace, or be guilty of any disorderly violence or threats of violence, whereby any such registration, revision, election or canvass shall be impeded or hindered ; Or whereby the lawful proceedings of any judge of election, or board of registration or poll clerk, or other officer of such election or chal- lenger, or person designated to be present at the canvass of any ballots, as hereinbefore provided, are interfered with ; 29 Elections. Every such person shall, upon conviction thereof, he adjudged guilty oi the inisdeineaiior, and shall be punished by imprisonment in the county jail for not less than thirty daj^s nor more than one year; or by a tine ot not less than two hundred and fifty ($250) dollars nor more than one thousand ($1,000) dollars; or by both such line and imprison- ment. 462. Interfering with judge etc.] § 16 . If any person knowingly oi’ wilfully shall obstruct, hinder or assault, or by bribery, solicitation or otherwise interfere with any judge of election, poll clerk, challenger, or ])erson designated, as provided in this act to be ])iesent at the canvass of any ballots, in the performance of any duty required of him, or which he may liy law be authorized or permitted to perform. Or if any person, by any of the means before mentioned or otherwise, unlawfully, shall, on the day of registration, revision of registration, or of election, hinder or prevent any judge of election, poll clerk, challen- ger, or person designated, as provided in this act, to be present at the canvass of liallots in his free attendance and presence at the place of registration, or revision of registration, or of election in the election precinct, in, and for which he is appointed or designated to serve ; Or in his full and free access and egress to and from any such place of registration, revision of registration, or of election; Or to and from any room where such registration, revision of regis- tration, or election, or canvass of votes, or making of any return or cer- tificates thereof, may be had ; Or shall molest, interfere with, remove or eject from any such place of registration or poll of election, or of canvassing ballots cast thereat, or of making of returns or certificates thereof any such judge of elec- tion, poll clerk, challenger, or person designated, as provided in this act, to watch the canvass of any ballots, except as otherwise provided in this act, or shall unlawfully threaten or attempt to offer so to do; Every such person shall be guilty of a misdemeanor, and, on convic- tion thereof, shall be punished by imprisonment in the county jail for not less than six months nor more than one 3 ’ear; Or shall be fined not less than five hundred ($500), nor more than two thousand ($2,000) dollars or both. 463. Destroying or concealing ballot etc.] § 17 . If any person, upon the da}" of such election, or before the canvass of votes is com- pleted, shall conceal or wilfullv" break or destrov’ any ballot box used or intended to be used at such election ; Or shall wilfull}" or fraudulently conceal, secrete or remove any such box from the custody of judges of election ; Or shall alter, deface, injure, destro}^ or conceal any ballot which has been deposited in any ballot box at such election, which has not been counted and canvassed ; Or poll list used at such election ; Or any report, return, certificate, or other evidence in this act re. quired, as provided for ; Elections. Shall, on conviction thereof, be adjudged guilty of a felony, and shall for each and every such olfense be punished by imprisonment in a state penitentiary for not less than two nor more than live years. 1. It is forgery to destroy a ballot cast and place another and different one in its stead; Kreitz v. Behrensuieyer, 125 111., 169. 2. Proof showing a changed ballot, a forgery is shown; Kreitz v. Behrensmeyer, 125 111., 169. 464. Wilfully admitting one to registration etc.] § 18. If, at any election precinct, at any registration of voters or revision thereof, or at any election hereafter held in such city, any judge of election or poll clerk shall knowingly or wilfully admit any person to registration, or make any entry upon any register or poll book ; Or receive any vote, or proceed with the canvass of ballots, or shall consent thereto, unless a majorit}" of all the judges of election in said election precinct are present and concur ; He shall, upon conviction thereof, be adjudged guilty of a misde- meanor and shall be punished by imprisonment in the county jail for not less than thirty nor more than sixty days ; or by a fine of not less than one hundred ($100) nor more than one thousand ($1,000) dollars, or by both fine and imprisonment. 465. Absence of judge.] § 19. If any judge of election, in any election precinct, shall, without urgent necessity, absent himself from the place of registration or the polls in said district upon any day of election, whereby less than a majority of all the judges in such eleC' tion district shall be present during such hours of registration, election or canvass of ballots ; He shall, upon conviction, be adjudged guilty of a misdemeanor, and shall be punished by imprisonment in the county jail for not less than sixty days nor more than six months ; or shall be fined not less than five hundred ($500) nor more than one thousand ($1,000) dollars, or both. • 1. See § 420 . 466. Keeping ballots behind box etc. — electioneering.] § 20. It shall be unlawful for any judge of election, poll clerk, challenger, or person designated, as ])rovided in this act, to be present at the can- vass of any ballots in any precinct, during the election or canvass of ballots, to have or keep any ballots behind the boxes, or within the polling place ; Or for them, or any person or persons within the polling place to electioneer, distribute tickets or ballots, or engage in any political dis- cussion. Any violation of this section shall be a misdemeanor, and shall be punished by imprisonment in the county jail for not less than ten nor more than ninety days. Or by a fine of not less than one hundred ($100) nor more than live hundred t$500) dollars; or both. 467. Use of spirituous liquors etc.J § 21. Whoever, during the hours of election in any election precinct in such city; Elkctions. 228 Or diii-iiig tlie hours of registration, revision of registration, or can- vass of votes, or of making retui-n thereof, sliall bring, take, order or send in to; or shall attempt to bring, take or send in to any place of registration, or i-evision of registration, or of election, any distilled or s])iiitiious liquors whatever; or shall at any such time and place drink or })artake of such liquor, shall be deemed and held to be guilty of a misdemeanor, and shall be punished according to law. 468. Irregularities in diction — no defense.] §22. Irregularities or defects in the mode of noticing, convening, holding or conducting an election authorized by law shall constitute no defense to a prosecu- tion for a violation of the ])rovisions of this act. 469. Crime, as to question submitted — definitions.] § 23. Every act, which, by the provisions of this act or the general election laws, is made a crime when committed with reference to the election of a candidate, is equally criminal when committed with a reference to the determination of the question submitted to electors to be decided by votes cast at an election. The word “election”, as used in this act, shall be construed to desig- nate elections had within any city, or incorporated town adopting this act, for the purpose of enabling electors to choose some public officer or officers under the laws of this state or the United States. Or to pass upon any amendment, law or other public act, or propo- sition submitted to vote by law. The word “householder”, as used in this act, shall mean the chief or head of a family, who resides with the family as a family, and who supports and provides for such family as an independent family. 470. Misdemeanors — fine — when discharged.] §24. In case of misdemeanors committed, where a matter of tine shall be imposed instead of imprisonment, such party^ shall be discharged from imprison- ment only on condition of })ayment of the fine ; And, unless paid, his impiisonment shall continue until such fine shall be canceled by an allowance of three ($3) dollars per day for each day of imprisonment. 471. Forfeitures — how recovered.] § 25. All forfeitures, pro- vided for in this act, shall be recovered in the name of the board of election commissioners, and shall be paid, when collected, in to the county treasury. 472. Commissioners to aid prosecutions.] § 26. It shall be the duty of such election commissioners to aid in the prosecution of all crimes and offenses against this act ; And, they^ shall keep a book in which shall be entered all complaints against persons claimed to be guilty of the violation of this law; ' And when, in the judgment of such election commissioners, such offense has probably been committed, it shall be their duty to cause a prosecution to be instituted in accordance with the provisions of this act, and cause the parties to be punished accordingly. Elections. Article VII. — Compensation. 473. Commissioners’ and clerks’ fees — how paid.] § 1 . Such election cumiiiissioners and the chief clerk of the board of election com- missioners shall l)e paid by the county. And, for the purpose of fixing their fees and compensation the several counties of this state are di- vided into three classes, as they are now classified by law, as to fees and salaries. In counties of the first class said election commissioners shall each receive a salary of five hundred dollars, and said chief clerk a salary of four hundred dollars per annum. In counties of the second class such election commissioners shall each receive a salary of seven hundred dollars, and such chief clerk a salary of six hundred dollars per annum. In counties of the third class, to wit : In Cook county, such election commissioners shall each receive a salary of one thousand five hundred dollars, and such chief clerk a salary of two tliousand dollars per annum. All expenses incurred by said board of election commissioners shall be paid by such city. Such salaries and expenditures are to be audited by the county judge, and such salaries shall be paid by the county treasurer upon the war- rant of such county judge, out of any money in the county treasury not otherwise appropriated, and such expenditures shall be paid by the city treasurer, upon the warrant of such county judge, out of any money in the city treasury not otherwise appropriated. It shall, also, be the duty of the governing authority of such counties and cities, re- spectively, to make provision for the prompt payment of such salaries and expenses, as the c^ise may be. 474. Judges and clerks of election, fees.] § 2. All judges and clerks of election and official ticket holders, under this act, shall be al- lowed and paid at the rate of three dollars per day. " . 475. Number of days to be credited judges and clerks.] § 3 . Each judge of election who has performed all the duties and services required of him by this act, at the general registration and at the elec- tion following, shall be credited with four full days’ service and no more, but at any election prior to which there is only an additional reg- istration and revision, being a registration between the general regis- trations, he shall be credited witli three full days’ service and no more, in case he performs all the duties required of him by this act. At the elections held under this act, where there is no additional registration or revision of registration, each judge or clerk of election shall only be credited with one day’s service each. When any judge or clerk does not perform all the services required by this act, then such board of election commissioners will audit his time, and shall allow him pro rata compensation. Each clerk of election, if he has performed all the services required of him by this act, at the general registration and at the election fol- Ej.kctions. :50 lowin^^, sliall be (Tedited with five days’ service, and no more, hut at any election prior to whicli there was only an additional registration and revision, being a registration between the general registrations, lie sliall be credited with four full days’ service and no more, in case he jK3i-forms all the duties reipiired of liim by this act. 476. When city to pay judges and clerks.] § 4. At all city elec- tions, general or special, tliougli other than city officers may he elected at the same time with such city officers, and at all special elections in any part of such city, at which a city officer is elected, such city shall pay such judges and clerks of election for their services under this act. 1. A statute requiring a municipality to pay certain election expenses on warrant of the county judge does not violate a constitutional provision forbidding the l^^vy of munici])al taxes otherwise than by its corporate authorities; Wetherell v. Devine 116 111., 6:31. 477. When county to pay judges and clerks.] § 5. At all gen- eral county and state elections, whicli include officers elected through the whole county, though other than state and county officers are also elected, and at all exclusively judicial elections, and at all special elec- tions fora county or state officei*, or member of congress, or member of the legislature, such county shall pay such judges and clerks of election and official ticket holders for their services under this act. 478. Commissioners to audit claims.] § h. Said board of elec- tion commissioners shall audit all the claims of judges and clerks of election and of official ticket holders, and shall draw a warrant therefor upon such city or county treasury as the case may be. 1. Authority given to the county court to audit election expenses is not an authority to levy a tax to pay such expenses; in such case the judge does not provide means for the payment of his warrants; Wetherell -y. Devine, 116 111., 631. Article YIII. — Miscellaneous Provisions. 479. Village or town may adopt act.] § 1. Whenever this act is adopted by any village or incorporated town, all its provisions shall be applicable and operative except as hereinafter modified. 480. Ex officio commissioners of village, j § 2. Whenever any village or incorporated town, which lies within any county in which a city exists, which may adopt this act, then in such case the commissioners of election appointed, or which may be appointed for said city, shall also be ex officio commissioners of election for such village or incorporated town, and shall have and exercise the same powers as if specially ap- pointed for such village or town. 481. Returns of judges etc. of village or town.] §3. The quad- ruple returns of the judges and clerks of election of such village or in- corporated town, mentioned in the last section, in case of a village or town election for any officer of such village or town shall be made to the same officer as now required bv law, who shall receipt therefor, and all such returns shall be canvassed by the canvassing board of such vil- lage or town, as established by law, with the same iiowers of investiga- Elections. 231 tion and examination by such board, as is authorized by this act to the canvassing board of any such city. 482 . Returns of village or town election.] § E The returns of the judges and clerks of election of such village or incorporated towns, mentioned in the second section of this article, in case of all other elec- tions therein, shall be made to the same officers, as required by this act, of returns of elections held in the city, and such returns shall be can- vassed and the result declared by the same canvassing board. 483 . Oaths — who may administer.] §5. All oaths in writing, provided for in this act, must have a jurat or certificate of the officer taking the same, attached and signed by him, and said election commis- sioners and said judges of election are, hereby, empowered to administer all oaths and affirmations required in the administration o-<^ the affairs of their several offices. Registration of Electors. An act for the registry of electors and to prevent fraudulent voting. [Approved and in force February 15, 1865. R. S., 1874, cli. 46, §135. 1. This statute does not apply to elections held for the purpose of deciding on the removal of a county seat; Boren v. Smith, 47 111., 482; Knox Co. 'll. Davis, 63 111., 405. 484 . Board of registration — meeting— register.] § 1. it enacted hy the people of the state of Illinois^ represented in the general assemMy, That the persons authorized by law, or appointed pursuant to any town or city ordinance, to act as judges or inspectors of elections in any town, city or ward, or other election district or precinct in this state, shall constitute a “board of registry” for their respective towns, cities, wards, districts or precincts, and shall meet on Tuesday, three weeks preceding any state election, at nine o’clock a. m., and proceed to make a list, as hereinafter prescribed, of all persons qualified and entitled to vote at the ensuing election, in the election district of wdiich they are judges or inspectors; which list, when completed, shall con- stitute and be known as the “register” of electors of said election district. In election districts in towns which lie wholly within the limits of an incorporated city, a register of electors shall be made for all elections, whether general, special, local or municipal, in the same manner, as herein provided, in the case of state elections. [As amended by act approved May 31, 1879. In force July 1 , 1879. L. 1879, p. 160. 485 . Manner of making register etc. — first meeting.] § 2 . Said registers shall each contain a list of the persons so qualified and entitled to vote in said election district, alphabetically arranged, according to their respective surnames, so as to show, in one column, the name in full length and, in another column, in cities, the residence, by the number of the dwelling, if there be a number, and the name of the street or other location of the dwelling place of each person. It shall be the duty of .said board to enter in said lists the names of all persons Elections. residing in tlieir election district, whose name appears on the poll list kept in said district at the last preceding election — in cities the num- ber of the dwelling and the name of the street or other location, if the same shall be known to or can be ascertained by such board — and for this purpose said board are authorized to take from the office in which they arc filed the poll lists made and filed by the judges or inspectors of such district, at the election held next prior to the making of such register. In making said list, the board shall enter thereon, in addition to the names on the poll list, the names of all other persons who are well known to them to be electors in said district ; and the names of all persons on the poll list who have died or removed from the district shall be omitted from the register. Tlie said board shall complete, as far as practicable, the said register on the day of their meeting, afore- said, and shall make two copies thereof, and certify the register and each of the copies to be a true list of the voters in their district, so far as the same are known. AVithin two days thereafter, the said original list, together with the list taken from the office, as aforesaid, shall be filed by said board in the office of the town clerk of the town in which said election district may be ; but, in counties not adopting town- ship organization said list shall bo filed with the judges or inspectors of election of the proper district, or if such election district is in a city, then it shall be filed in the office of the city clerk of said city. And, one copy of said list shall be kept by one of said judges or inspectors and carefully preserved by him for their use on the day or days, herein- after mentioned, for the revision and correction of the same. One copy of said list shall, immediately after its completion, be posted in some conspicuous place where the last preceding election in said district was held, and be accessible to any elector who may desire to examine the same or make copies thereof. Any person who shall take down, tear down, or deface any list, so posted, shall be deemed guilty of mis- demeanor, and shall be punished by a fine of $50, or by imprisonment in the county jail for the term of sixty days, or by both fine and im- prisonment. [As amended by act approved March 27, 1874. In force July 1,1874. L. 1873-4, p. 96. 486 . New election districts.] § 3. In case a new election district shall be formed by the organization of a new town, or by the division of any town or ward, or the incorporation of a city or town, the judges or inspectors of the election in the new district, thus formed, may make their registry of electors, on the day prescribed by this act, in such man- ner as a majority of them may direct and, for that purpose, may make a list, or cause to be made a certified copy of the poll list or lists of the district in which such new district is situated, or they may dispense with such list or lists, and proceed to make a register of electors, from the best means at their command. Said lists shall only embrace the names of such persons as are known to them to be electors in their dis- trict, and shall be posted up, and copies thereof made, as prescribed in the preceding section, and shall be corrected in the same manner that other lists are corrected. Election's. 233 487 . Revision of register — second meeting.] § 4. The said board shall again meet on Tuesday of the week preceding the said elec- tions, in their respective election districts, at the place designated for holding the polls of the election, for the purpose of revising, correct- ing and completing said lists; and, for this purpose, in cities, they shall meet at eight o’clock in the morning, and remain in session until nine o’clock p. M., and in other districts they shall meet at nine o’clock in the morning, and remain in session until four o’clock p. m. [As amended by act approved March 27, 1874. In force July 1 , 1874. L. 1873-4, p. 97. 488 . Proceedings — corrections etc.] § 5. The proceedings of said board shall be open, and all persons residing and entitled to vote in said district shall be entitled to be heard by said board, in relation to corrections or additions to said register. One of the lists so kept by the judges or inspectors, as aforesaid, shall be used by them, on the day or days of making corrections or additions, for the purpose of com- pleting the registry for such district. 489 . Revising register — addition of new names.] § 6 . It shall be the duty of said boai’d, at their meeting for revising and correcting said lists, to erase therefrom the name of any person inserted therein, who shall be proved by the oath of two legal voters of said district, to the satisfaction of said board, to be non resident of said district, or otherwise not entitled to vote, in said district, at the election then next to be held. Any elector residing in said district, and entitled to vote therein, may appear before said board, and recjuire his name to be re- corded on said alphabetical list. Any person so requiring his name to be so entered on said list, shall make the same statement as to the street and number thereof, and where he resides, required by the provisions of this act of persons offering their votes at elections, and shall be subject to the same penalties for refusing to give such information, or for falseh^ giving the same, and shall also be subject to challenge, either by the judges or inspectors, or either of them, or by any other elector whose name appears on said alj)habetical list; and, the same oaths may be adtninistered by the judges or inspectors as now provided in case of persons offering to vt)te at an election ; and in case no challenge is made of any person requiring his name to be entered on said alphabeti- cal list, or in case of challenge, if such person shall make oath that would entitle him to vote in case of challenge at an election, then the name of any such person shall be added to the alphabetical poll list of the last preceding year. 490 . Copies of register — filing — deliver to judges — voting — swearing in vote etc.] § 7. After said lists shall have been fully completed, the said board shall, within three days thereafter, cause two copies of the same to be made, each of which shall be certified by them to be a correct list of the voters of their district ; one of which shall be filed in the office of the town clerk of towns, and in the office of city clerks of cities ; and one of which copies, shall be delivered to said judges or inspectors. It shall be the duty of the said judges or inspectors, so 30 234 Elections. receiving such list, carefully to ])reserve the said list for their use on election day, and to designate two of their number, at the opening of the ])olls, to check the name of every voter voting in such district whose name is on the register. No vote shall be received at any state election in this state, if the name of the person offering to vote be not on the said register made on the Tuesday preceding the election, unless the person offering to vote shall furnish to the judges of the election his affi- davit, in writing, stating therein that he is an inhabitant of said district, and entitled to vote therein at such election, and prove by the oath of a liouseholder and registered voter of the district in which he offers to vote, that he knows such person to be an inhabitant of the district, and if in any city, giving the residence of such person within said district. The oath may be administered by one of the judges or inspectors of the election, at the poll where the vote shall be offered, or by any other person authorized to administer oaths ; but, no person shall be authorized to receive compensation for administering the oath. Said oath shall be preserved, and filed in the office of the town or city clerk, or, in case there be no clerk, then said oath shall be filed with and pre- served by the judges or inspectors of the proper district. Any person may be challenged, and the same oaths shall be put as now are or here- after may be prescribed by law. [As amended by act approved March 27, 187T In force July 1, 1874. L. 1873-4, p. 97. 1. An action will not lie against the judges of election for refusing the vote of a person who was not a registered voter and who has failed to comply with the require- ments of this section. The fact that the refusal to accept the vote was placed on some untenable ground will not change the liability; Byler v. Asher, 47 111., 101. 2. Under this section one who has not been registered as a voter must not only show, by his own affidavit, that he was an inhabitant of the district in which he offers his vote, but he must, also, establish such fact by the affidavit of a “householder and registered voter” of such district; Byler v. Asher, 47 111., 101; DuPage Co. v. People, 65 111., 360. 491. Entry on register by clerks — non registered voter — penalty.] § 8. The clerks at each poll, in addition to the duties now prescribed by law, shall enter on the poll list kept by them, in columns prepared for that purpose, opposite the name of each person voting, the same statement or minute as hereinbefore required of the board in making the registry ; but, such entry is not to be made by them if the registry contains correctly the natne and residence of such voter; and in all cases said clerk shall enter in a column opposite the name of each person not registered, the words “not registered”. In cities, every elector, at the time of offering his vote, shall truly state the street in which he resides, and if the house, lodging or tenement in which he resides is numbered, the number thereof. And, the clerks of the polls, in case the name of such elector is not registered, shall truly enter in the appropriate column of the poll list, opposite the name of the elector, the street in which the elector resides, and the number, in case the house, lodging or tenement is numbered; and if the same is not numbered, then the clerk shall enter “ not numbered ” in the column of the poll list for entering the number. In case of refusal to make Election's. 235 the statement as aforesaid, the vote of siicli an elector shall not be received. Any person who shall wilfully make any false statement in relation thereto, shall be deemed guilty of misdemeanor and shall, upon conviction, be punished with a fine of $50, or by imprisonment in the county jail in the county for a period of ten days, or by both such fine and imprisonment. 1. Where one votes, at an election, without having- been registered and without any proof of right, if it shall not appear that he was challenged or that any objection was made to his voting, the presumption must be that he was a legal voter and was known to be such to the judges of election; Dale v. Irwin, 78 111., 170; Kuykendall •«. Darker, 89 111., 126. 492 . Poll list and register to be filed.] § 9. After the canvass of the votes, one of said poll lists and said register so kept and checked, as aforesaid, shall be attached together, and shall, on the following day, be filed in the town or city clerk's office (as the case may be) in which said district may be, or in case there be no such clerk, then such poll lists and register shall be filed with and preserved by the judges or in- spectors, to be used by the board of registry in making the list of voters at the next state election ; the other of said poll lists and registers, so kept and checked, shall be returned to the office of the county clerk in the county in which said district may be, at the same time the returns of the election are made. [As amended by act approved March 27, 1874. In force July 1 , 1874. L. 1873-4, p. 97. 493 . Repealed.] Section 10 is repealed by act March 27, 1874. 494. Registers open to inspection.] § 11. The registers shall at all times be open to public inspection, at the office of the authorities in which they shall be deposited, without charge. 495 . Compensation.) § 12. That the members of the board of registration shall each receive two dollars per day for each day actually employed in the making and completion of the registry, not exceeding two days, to be paid to them at the time and in the manner in which they are paid their other fees. [As amended bv act approved March 27, 1874. In force July 1 , 1874. L. 1873-4, p. 98. 496. Preserving order.] § 13 . The said board shall have and ex- ercise the same power in preserving order at their meetings, under this act, as are given to judges or inspectors of elections for preserving or- der on election days ; and vacancies in said board shall be filled in the same manner that vacancies are now filled at elections. 497 . Fraudulent registration, false swearing etc.] § 14. Any person who shall cause his name to be registered in more than one elec- tion district, or who shall cause his name to be registered, knowing that he is not a qualified voter in the district where said registry^ is made, or who shall falsely personate any registered voter, and any per- son causing, aiding or abetting any person, in any manner, in either of said acts, shall be punished, for ench and every offense, by itnprison- ment in the state prison for not less than one year. All intentional false swearing before said board of .registration shall be deemed wilful and corrupt perjury, and, on conviction, punished as such. If any mem- 230 Elections. ber or officer of said board shall wilfully violate any of the provisions of this act, or be guilty of any fraud in the execution of the duties of his office, he shall be punished for each and every otfense, by imprison- ment in the state prison for not less than one year. 498 . Repealed.] Sections 15 and 16 are repealed by implication, the acts to which they refer being repealed. Section 17 was only of temporary effect. 499 . Blanks to be furnished.] § 18. The necessary blanks for mak- ing the registers required by law, shall be prepared by the secretary of state, and transmitted to the persons entitled to receive them, in the same manner that blank returns of elections are now transmitted. 500 . Repealed.] Section 19 is repealed by implication, the act to which it refers being repealed. Notice of Election. An act in regard to elections and to provide for filling vacancies in elective offices. [Approved April 3, 1872. In force July 1 , 1872. L., 1871-2, p. 380; K. S., 1874, ch. 46. 501 . Manner of giving notice.] § 46. At least thirty days pre- vious to any general election, and at least twenty days previous to any special election, except in cases otherwise provided for, the county clerk, in counties not under township organization, shall make out and de- liver to the sheriff of his county, or in counties under township or- ganization to the several supervisors of his county, three notices thereof for each precinct or district in which the election in such county is to be held. The notice may be substantially as follows : Notice is hereby given, that on (give the date), at (give the place of holding the election and the name of the precinct or district), in the county of (name of county), an election will be held for (give the title of the several offices to be filled), which election will be opened at eight o’clock in the morning and continue open until seven o’clock in the afternoon of that day. Dated at this . . day of in the year of our Lord one thousand eight hundred and A B, County Clerk, 502 . Sheriff or supervisor to post.] § 47. The said sheriff or su- pervisor to whom the notices are delivered shall post up, in three of the most public places in each precinct or district, the three notices therefor at least fifteen days before the time of holding a general election, and at least eight days before the time of holding a special election. 503 . Time of opening and closing polls.] § 48. The polls shall be opened at the hour of eight o’clock in the morning and continued open until seven o’clock in the afternoon of the same day, at which time the polls shall be closed ; but, if the judges shall not attend at the hour of eight o’clock in the morning, or if it shall be necessary for the electors present to appoint judges to conduct the election, as hereinbe- fore prescribed, the polls may, in that case, be opened at any hour be- fore the time for closing the same shall arrive, as the case may require. 504 . Proclamation.] § 49. Upon opening the polls one of the clerks or judges of election shall make proclamation of the same, and Elections. 237 at least thirty minutes before the closing of tlie polls proclamation shall be made, in like manner, that the polls will be closed in half an hour. 505. Ballot box publicly exhibited etc. — locked — keys.] § 50. Before any ballot shall be deposited in the ballot box, the ballot box shall be publicly opened and exhibited, and the judges and clerks shall see that no ballot is in such box ; after which the box shall be locked and the key delivered to one of the judges, and shall not be again opened until the close of the polls. 506. Poll lists — how kept.] § 51. Each clerk of the election shall keep a poll lit^t, which shall contain a column headed ‘‘number”, and another headed “ names of voters”. The name of each elector voting shall be entered upon each of the poll books by the clerks, in regular suc- cession, under the proper headings, and the number of such voter placed opposite his name in the column headed “ number”. 507. Ballots.] § 52. The manner of voting shall be by ballot. The ballot shall be printed or written, or partly printed and partly written, upon plain paper, with the name of each candidate voted for, and the title of the offices. When the ballot is printed, the same shall be printed upon plain paper, in plain type, in straight lines, with a blank space below each name, of a width not less than equal to the width of the line in which the name is printed. 508. Form of ballot. | § 53. The names of all candidates for which the elector intends to vote shall be written or printed upon the same ballot, and the office to which he desires each to be elected shall be desig- nated upon the ballot. 509. Form of cumulative ballot.] §54. In voting for representa- tives to the general assembly, if the voter intends to give more than one vote to any candidate, he shall express his intention on the face of the ballot, in words or figures, which may be done in either of the fol- lowing lorms : A B, C D, E F, which shall be held to mean one vote for each candidate named; or A B 1 1-2 votes, GDI 1-2 votes; or A B 2 votes, GDI vote ; or A B 3 votes. 510. Manner of receiving and depositing ballot.] § 55. The ballot shall be folded by the voter and delivered to one of the judges of election; and if the judges be satisfied that the person offering the vote is a legal voter, the clerks of election shall enter the name of the voter, and his number, under the proper heading in the poll book, and the judges shall indorse on the back of the ticket offered the number corresponding with the number of the voter on the poll books, and shall immediately put the ticket in to the ballot box. 511. No adjournment or recess.] § 56. After the opening of the polls no adjournment shall be had, nor shall any recess be taken, until all the votes cast at such election shall have been counted and the result publicly announced. 1. An adjournment by tbe judges for one hour, for dinner, no fraud or loss of votes being shown to have resulted, was held to afford no ground for rejecting the entire vote of a township; DuPage Co, v. People, 65 111., 360. Elections. 238 512 . Canvass of votes.] §57. Immediately upon closing the polls the judges shall proceed to canvass the votes polled. They shall first count the whole number of ballots in the box. If two or more ballots are folded together so as to appear to have been cast by the same per- son, all the ballots so folded together shall be marked and returned with the other l)allots in the same condition, as near as may be, in which they were found when first opened, but shall not be counted. If the remaining ballots shall be found to exceed the number of names en- tered on each of the poll lists, they shall reject the ballots, if any be found upon which no number is marked ; if the number of ballots still exceeds the number of names entered on each of the poll lists, said ballots shall be replaced in the box, and the box closed and well shaken and again opened and one of the judges shall publicly draw out and destroy so many ballots unopened as shall be equal to such excess ; and the number of the ballots agreeing with the poll lists, or being made to agree, the board shall then proceed to count and estimate and pub- lish the votes; and when the judges of election shall open and read the tickets, each clerk shall carefully and correctly mark down upon the tally list the votes each candidate has received, in a separate column prepared for that purpose, with the name of such candidate at the head of such column, and the office designated by the votes such candidate shall fill. The votes shall be canvassed in the room or place where the election is held, and the judges shall not allow the ballot box, or any of the ballots, or either of the poll lists, or either of the tally papers to be removed or carried away from such room or place, until the canvass of the votes is completed, and the returns carefully enveloped and sealed up as provided by law. [As amended by act approved June 22 , 1885. In force July 1 , 1885. L., 1885, p. 195. 1, Votes shown by a return, the poll hooks returned to county clerk and secretary of state not having the statutory certificate, should be rejected by the canvassing board and a result declared on returns conforming to statute; Lawrence Co. v. Schmaulhausen, 123 111., 328. Contesting Elections. 513 . When legislature to hear.] § 9J. The legislature, in joint meeting, shall hear and determine cases of contested elections of governor and lieutenant governor, secretary of state, auditor of public accounts, treasurer, superintendent of public instruction, and attorney general. The meeting of the two houses, to decide upon such election, shall be held in the hall of the house of representatives, and the speaker of the house shall preside. 514 . Senators and representatives.] § 95. The senate and house of representatives shall severally hear and determine contests of the election of their respective members. 515 . By supreme court.] § 90. The supreme court shall hear and determine contests of the election of judges of the supreme court, clerks of the supreme court, judges of the circuit court, judges of the superior court of Cook county, members of the state board of equaliza- Elections. 239 tion ; but, no judi;e of the supreme court shall sit uyjon the hearing of any case in which he is a party. 516. By circuit court.] ^ 97. The circuit courts of the respective counties shall hear and determine contests of the election of the judges of the county court of their counties, and in regard to the removal of county seats, and in regard to any other subject which may, by law, he submitted to the vote of the people of the county. 517. By county court.] § 98. The county court shall hear and determine contests of election of all other county, township and precinct officers, and all other officers for the contesting of whose election no provision is made. 1. When the law provides a mode for contesting an election that mode must be followed; Dickey v. Reed, 78 111., 262. 2. Proceeding to contest an election is not an action at law; Kreitz v. Behrensmeyer, 125 111., 169. 3. A contest is given for the purpose of ascertaining how many votes were cast for or against a candidate or measure; Lawrence Co. v. Schmaulhausen, 123 111., 328. 4. Circuit court, in chancery, has no jurisdiction of contest of election of a city mayor; Jennings v. Joyce, 116 111., 79; Moore v. Hoisington, 31 111., 243. 5. A bill in chancery will not lie to inquire into the validity of elections. Juris- diction is not conferred, in equity, by the omission of a particular case from the general law on the subject of contested election; Moore v. Hoisington, 31 111., 243. 6. Quo warranto does not lie to contest an election as school trustee; Simons v. People, 18 App., 588. 7. County court has jurisdiction of contest of election of county officers, cogniza- ble only at a probate term; Kreitz v. Behrensmeyer, 125 111., 169. 518. Election of state officers — petition of contestant.] § y9. When any elector shall desire to contest the election of governor, lieutenant governor, secretary of state, auditor of public accounts, treasurer, superintendent of public instruction, or attorney general, he shall, within ten days after the result of the election shall have been determined, present a petition to the general assembly, setting forth the points on which he will contest such election,- and praying for leave to produce his proof. 519. Joint committee to take testimony.] § 100. The general assembly shall appoint a joint committee to take the testimony on the part of the petitioner, and the person whose place is contested. 520. Powers of joint committee.] § 101. The committee so ap- pointed shall have power to send for witnesses, and compel the attend- ance of witnesses and the production of papers, issue commissions, under the hand of its chairman, to any officer, authorized to take de- positions in other cases, to take the deposition of witnesses upon the points set forth in the petition, at such time and place as the commis- sion shall direct. 521. Notice to take deposition.] § 1 U 2 . Keasonable notice shall be given by the party in whose favor the deposition is to be taken, to the opposite party, of the time and place of taking the same. 522. Testimony.] §103. ^^o testimony shall be taken except upon the points set forth in the petition. 523. Report of committee — hearing — decision.] § 104. The committee shall report the facts to the house, and a day shall be fixed by 240 Elections. a joint resolution for tlie meeting of tlie two nouses to decide upon the same, in wliicli decision the jeas and nays shall be taken and entered upon the joui’iial. 524. Who may contest senator or representative.] § 105. The election of any member declared duly elected to a seat in the senate or house of representatives of the general assembly, may l)e contested by any cpialitied voter of the county or district to be represented by such senator or representative. 525. Notice of contest.] § 106. The contestant shall, within thirty days after the result of the election shall have been determined, serve on the person whose election he will contest, a notice of his intention to contest such election, expressing the points on which the same will be contested ; and shall, also, on or before the next session of the general assembly, deliver a copy of such notice to the secretary of state. In case the person whose election is contested is absent, or can not be found, service may be had by leaving a copy of such notice at his usual place of residence. 526. Testimony — how taken.] § 107. Whenever a notice shall have been given of intention to contest an election, as provided in the preceding section, either party may proceed to take testimony of any witness before any judge, justice of the peace, clerk of a court, master in chancery, or notary public, on giving to the adverse party or his attorney, ton days’ notice of the time and place of taking the same, and one day in addition thereto (Sunday inclusive) for every fifty miles’ travel from the place of residence of such party to the place where such deposition is to be taken. If the party entitled to notice resides in the county where the deposition is t(5 be taken, five days’ notice shall be sufficient. 527. Power of officer taking testimony.] § 108. The officer before whoiii depositions are taken shall have power to compel the production of papers, and the attendance of witnesses; and the same proceedings may be had to compel the attendance of witnesses, as are provided in the cases of taking depositions to be used in courts of law and equitv. 528. Depositions etc. to be sent to secretary of state.] § 109. A copy of the notice to take depositions, with proof of the service thereof, with the deposition, shall be sealed np and transmitted by mail, or otherwise, to the secretary of state, with an indorsement thereon, showing the names of the contesting parties, the office con- tested, and the nature of the papers. 529. Delivery of notice of contest etc. — duty of presiding officer.] §110. The secretary of state shall deliver the copy of the notice deposited with him by the contestant, and the depositions unopened, to the presiding officer of the branch of the general assembly to which the contest relates, on or before the second day of its session next after the receipt of the same; and the presiding officer shall immediately give notice to his house that such ]>apers are in his possession. 530. Rights of either house saved.] § 111 . Nothing herein con- tained shall be construed to abridge the right of either branch of the Elections. 241 general assembly to grant commissions to take depositions, or to send for and examine any witnesses it may desire to hear on such trial. 531. Who may contest election of other officers.] § 112. The election of any person declared elected to any othce other than gover- nor, lieutenant governor, secretary of state, auditor of public accounts, treasurer, superintendent of public instruction, attorney general, senator or representative, may be contested by any elector of the state, judicial division, district, county, town, or precinct in and for which the person is declared elected. 532. Contestant to file statement etc.] § 113. The person desir- ing to contest such election shall, within thirty days after the person whose election is contested is declared elected, file with the clerk of the proper court a statement, in writing, setting forth the points on which he will contest the election, which statement shall be verified by affi- davit in the same manner as bills in chancery may be verified. 1. Petition to contest election of a county officer, for miscount of ballots, need not name the persons whose ballots are claimed to have been improperly counted; Kreitz V. Behrensmeyer, 125 111., 169. 2. Contest as to a town office; the petition should aver that petitioner was an elector of the town or be fatally defective on demurrer; it is not enough to aver citizenship and residence; Blanck v. Pausch, 113 111., 63. 533. Summons.] § 114. Upon the filing of such statement, sum- mons shall issue against the person whose office is contested, and he may be served with process, or notified to appear, in the same manner as is provided in cases in chancery. 1. Answer of respondent does not call for so great particularity as is required in petition on contest; Kreitz v. Behrensmeyer, 125 111., 169. 2. Contestee’s answer can not be required to state a fact which he can not know until a recount of ballots is had — as that on the recount a ballot is missing which a voter voted and was numbered as on the poll book; Kreitz v. Behrensmeyer, 125 111., 169. 3. An admission which is for the mere purpose of dispensing with preliminary proof to authorize a recount of ballots does not preclude the adverse party from show- ing forgery or non genuineness of the ballots recounted; Kreitz v. Behrensmeyer, 125 111., 169. 4. Allegation in answer that in addition to the illegal votes named, ten illegal votes were counted for contestant is objectionably indefinite; Kreitz v. Behrensmeyer, 125 111., 169. 5. Petitioner alleging his election; respondent denying the fact may show that per- sons who voted for contestant — not named in answer — were not legal voters; Kreitz V. Behrensmeyer, 125 111., 169. 534. Evidence.] § 115. Evidence may be taken in the same manner and upon like notice as in cases in chancery. 1. Election contests are placed on the same footiug as cases in chancery. The con- testant may place his contest on any ground he chooses. Respondent may, by answer, interpose any matter which shows that contestant is not equitably entitled to the relief sought^ Talldngton v. Turner, 71 111., 234. 2. The statute in respect to notice to take the deposition of resident witnesses, in chancery (R. S., 1874, ch. 51, § 24) is as follows; “ § 24. When the testimony of any witness, residing or being within this state, shall be necessary in any suit in chancery, in this state, the party wishing to use the same may '"ause the deposition of such wit- ness to be taken before any judge, justice of the peace, clerk of a court, master in chancery or notary public, without a commission or filing interrogatories for such purpose, on giving to the adverse party or his attorney ten days’ notice of the time 31 9J9 ElECTIOJS'S. and place of taking the same and one day in addition thereto (Sundays inclusive) for every titty miles’ travel from the place of holding the court to the place where such deposition IS to he taken. If the party entitled to notice and his attorney resides in the county where the deposition is to be taken five days’ notice shall be sufficient ” 8. Contestant has onus to show a majority of legal votes cast for him- Kreitz\) Behrensmeyer, 125 111., 109. ’ 4. In cases of contested election the intention of the voter, in casting his ballot, must control. Effect must be given to that intention; People v. Matteson 17 111. lO?! 5. On contest result determined is not changed by showing votes counted oii’a re- turn and certificate not conforming to law; it must be shown, further, that the votes so counted were not actually cast or were not legal votes; Lawrence v. Schmaul- hausen, 128111., 828. 0. A party has a right to prove that all the voters at a certain precinct voted for him and that no ballots were returned bearing the numbers set opposite their names and to have such votes counted; Kreitz -y. Behrensmeyer, 125 111., 169. 7. It is presumed that election officers discharge their duty as to numbering ballots; Kreitz ■«. Behrensmeyer, 125 111., 169. 8. Two votes cast folded together; both are to be rejected; Kreitz v. Behrensmever 125 111., 169. ’ 9. Declarations of a voter, subsequent to election, to show he voted illegally, are not competent in contest of election; Kreitz v. Behrensmeyer, 125 111., 169. 10. A voter may testify as to his understanding of candidates’ names and how he reads his ballot cast; he can not show that one name used was meant for another idem sonaus non; Kreitz y. Behrensmeyer, 125 111., 169. 11. Ballot changed, the voter may testify how he voted in fact; Kreitz v. Behrens- meyer, 125 111., 169. 12. Respondent may show that ballots counted were not those of legal voters with- out, in his answer, naming the persons who unlawfully voted; Kreitz v. Behrens- meyer, 125 111., 169. 18. One who contests may prove, by the voter, that the ballot bearing his number is not the one cast by him or has been changed; Kreitz y. Behrensmeyer, 125 111., 169. 14. Production of ballots cast for contestant raises a rebuttable presumption of le. gality of such votes; Kreitz y. Behrensmeyer, 125 111., 169. 15. Several residents in a county bearing the same surname and but one of these a candidate; ballots cast showing his cognomen only are properly counted for him; Kreitz y. Behrensmeyer, 125 111., 169. 16. Where a person is voted for by his cognomen alone — as “ Talkington ”, the candidate being named “Joseph Talkington”. for the office of constable, the vote .should be counted for Joseph; Talkington y. Turner, 71 111., 234. 17. Ballots with names idem sonans non can not be aided by extrinsic evidence; Kreitz y. Behrensmeyer, 125 111., 169. 18. Voter may not testify that he voted for one person, his ballot, not since changed, showing a vote cast for another; Kreitz y. Behrensmeyer, 125 111., 169. 19. Two persons named for one office on ballot voted; the ballot may not be counted for either; Kreitz y. Behrensmeyer, 125 111., 169. 20. Letters of a foreign language used in expressing a name voted; their meaning mav be shown; so, if the characters are imperfectly formed; Kreitz y. Behrensmeyer, 125 111., 169. 21. Ballot misspelling a candidate’s name but according to a common pronuncia- tion; voter may show that he intended and attempted to express candidate’s name; Kreitz y. Behrensmeyer, 125 111., 169. 22. Erasure of a name from a ballot deliberately made by voter; the law gives it a result, the intention of the voter is immaterial; Kreitz y. Behrensmeyer, 125 111., 169. 23. Name of office completely canceled and name of candidate written under the canceled designation of office; vote not counted; Kreitz y. Behrensmeyer, 125111., 169. 24. Name of candidate, printed on ticket, erased and paster with the opposing can- didate’s name placed above the title of office; fairly construed as a vote for the candidate named; Kreitz y. Behrensmeyer, 125 111., 169. 25. Name of candidate on ballot written into the line designating the office, oblite- /rating part of the letters thereof; explainable as accidental and non intentional; Kreitz v. Behrensmeyer, 125 111., 169. 26. Recount of ballots is ordered on a prima facie case made of tampering there- with or showing necessity therefor; Kreitz y. Behrensmeyer, 125 111., 169. Elections. 243 27. Non constat that because recount of ballots is ordered, inquiry as to whether they had been tampered with is precluded; Kreitz v. Behrensmeyer, 125 111., 1(59. 28. Recount of ballots does not bar inquiry as to whether the ballots present were those cast or whether they bear the names they bore; Kreitz v. Behrensinever, 125 111., 169. 29. An unnumbered ballot not being destroyed by the judges raises a supposition that the two poll lists did not agree; Kreitz v. Behrensmeyer, 125 111., 169. 30. Recount of ballots had, it may be shown that they should be discredited; Kreitz v. Behrensmeyer. 125 111., 169. 31. It is error, on a recount, to destroy an unnumbered ballot, without comparison as to the agreement of the poll lists; Kreitz Behrensmeyer, 125 111., 169. 32. On recount a voter may prove that he did not erase a name found erased or that it was the result of accident and not of intent; Kreitz v. Behrensmeyer, 125 111., 169. 33. No ballot found corresponding with a voter’s number, the presumption is — in absence of explanation — that such ballot was lost or abstracted; Kreitz v. Behrens- meyer, 125 111., 169. 34. On recount ballot found torn in two from top to bottom one part bearing the ballot number; cancellation not presumed, in the absence of contrary evidence; Kreitz v. Behrensmeyer, 125 111., 169. 35. Where a voter’s ballot is refused and the voter fails to insist on his right to vote, by furnishing statutory evidence of his right; it is not error to refuse to count such vote on a contest as to the election; Kreitz v. Behrensmeyer, 125 111., 109. 36. If no exception be taken to evidence tending to show that illegal' votes were counted, objection thereto is waived; Kreitz v. Behrensmeyer, 125 111., 169. 535. Trial.] § 116 . The case shall be tried in like manner as cases in chancery. 536. Other elections contested.] § IIT. Any five electors of the county may contest an election upon any subject which may by law be submitted to a vote of the people of the county, upon filing in the cir- cuit court, within thirty days after the result of the election shall have been determined, a written statement in like form as in other cases of contested elections in the circuit court. The county shall be made de- fendant, and process shall be served as in suits against the county ; and like proceedings shall be had as in other cases of contested elections before such court. 537. When elector may defend for county.] § 118 . In case the county board shall fail or refuse properly to defend such contest, the court shall allow any one or more electors of the county to appear and defend, in which cnse the electors so defending shall be liable for the costs in case the judgment of the court shall be in favor of the contestant. 538. Judgment.] § 119 . The judgment of the court in cases of contested election shall confirm or annul the election according to the right of the matter ; or, in case the contest is in relation to the election of some person to an office, shall declare as elected the person who shall appear to be duly elected. 539. Tie vote, how decided.] § 120. If it appears that two or more persons have, or would have had if the legal ballots cast or in- tended to be cast for them had been counted, the highest and an equal number of votes for the same office, the persons receiving such votes shall decide by lot, in such manner as the court shall direct, which of them shall be declared duly elected ; and the judgment shall be en- tered accordingly. 244 Elections. 540. Certified copy of judgment.] § 121. A certified copy of the jiidginent of tlie court shall have the same effect, as to the result of the election, as if it had been so declared by the canvassers. 541. When election adjudged void.] § 122. AVhen the person 'svhose election is contested is found to have received the highest num- l)cr of legal votes, but the election is declared null by reason of legal dis(jualification on his part, or for other causes, the person receiving the next highest number of votes shall not be declared elected, but the elec- tion shall be declared void. 542. Appeal.] § 123. In all cases of contested elections in the cir- cuit courts or county courts, appeals may be taken to the supreme court, in the same manner and upon like conditions as is provided by law for taking appeals in cases in chancery from the circuit courts. 1. A proceeding to contest an election, being purely statutory, is governed by the statute. Therefore, the statute having provided for reviewing the action of the county court by appeal, that remedy must be pursued and a writ of error will not lie. Had no remedy by appeal been given, a writ of error would lie; Hall v. Thode, 75 111., 173. General Law — Ballot Beform. An act to provide for the printing and distribution of ballots at pub- lic 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. [Approved June 22, 1891. In force July 1, 1891. L. 1891, p. 108. 542a. Ballots, printing at public expense — exceptions.] % 1 . Be it enacted hy the yoeople of the state of Illinois^ represented in the gen- eral assemhly^ That in all elections hereafter to be held in this state for public officers, excej^t for trustees of schools, school directors, mem- bers of boards of education, officers of road districts in counties not under township organization, the voting shall be by ballots printed and distributed at public expense, as hereinafter provided, and no other ballots shall be used. 542b. Expense borne by cities etc. — by towns — by counties.] § 2. The printing and delivery of the ballots and cards af instruction to voters, hereinafter described, shall in municipal elections in cities, villages and incorporated towns be paid for by the several cities, vil- lages and incorporated towns, respectively, and in town elections by the town and in all other elections the printing of the ballots and cards of instruction for the voters in each county and the delivery of them to the several voting precincts and election districts shall be paid for by the several counties, respectively. The term ‘‘ general election,” as used in this act, shall apply to any election held for the choice of a national, state, judicial, district or county officer, whether for the full term or for the filling of a vacancy. Tlie term city election ” shall apply to any municipal election held in a city, village or incorporated town. 542c. Nomination of candidates.] § 3. Any convention of dele- Elections. 244a gates and any caucus or meeting of qualified voters, as hereinafter delined, and individual voters, to the number and in the manner here- inafter specified, may nominate candidates for public office, whose names shall he placed upon the ballots to he furnished as hereinafter provided. 542d. Party conventions — nomination certificate.] § 4 . Any convention of delegates, caucus or meeting representing a political party which at the general election next preceding polled, at least, two (2) per cent, of the entire vote cast in the state, or in the electoral dis- trict or division thereof, or the municipality for which the nomination is made may, for the state or for the electoral district or division thereof or municipality for which the convention, caucus or meeting is held, as the case may be, by causing a certificate of nomination to he duly filed, make one such nomination for each office therein to be filled at the election. Every such certificate of nomination shall state such facts as are required in section six (6) of this act and shall be signed by the presiding officer and by the' secretary of the convention, caucus or meeting, who shall add to their signatures their places of residence. Such certificates shall he sworn to by them to be true, to the best of their knowledge and belief, and a certificate of the oath shall be annexed to the certificate of nomination. 5426 . Nomination papers by individuals.] § 5. Nominations of candidates for any office to be filled by the voters of the state at large may, also, be made by nomination papers signed, in the aggregate, for each candidate by not less than one thousand (1,000) qualified voters of the state. Nominations of candidates for office within any district or political division less than the state and in all cities having a population in excess of 5,000 may be made by nomination papers signed, in the aggregate, for each candidate by qualified voters of such district or political division not less than one for each fifty persons who voted at the next preceding general election in such district or division, but in no case by less than twenty-five (25). In elections to be held in a town, village, precinct or ward and in all cities with a population not exceed- ing 5,000, the signature of voters thereof equalling five per cent, of the vote cast therein at the last preceding election shall be sufficient for the nomination of a candidate who is to be voted for only in such town, village, precinct or ward or city. Each voter signing a nomination paper shall add to his signature his place of residence, and each voter may subscrilie to one nomination for each office to be filled and no more : Provided tliat the name of any candidate whose name may appear in any other place upon the ballot, shall not be so added by petition for the same office. 542f. Nominating papers — requisites of.] §6. All certificates of nomination or nomination papers shall, besides containing the names of candidates, specify as to each : 1. The office to which he is nominated. 2. The party or political principle which he represents, expressed in not more than five (5) words. 3. His place of residence, with the street and number thereof if any. In the case of electors for president 2441 ) Elections. and vice president of the United States, tlie names of the candidates for ])resi(lent and vice jiresident may be added to the party or political apjiellation. 542g. Nominations, filing of — where and when.] § 7. Certificates of nomination and nomination ])apers for the nomination of candidates for office to he filled by the electors of the entire state, or any division or district greater than a county, shall l>e filed with the secretary of state at least thirty days previous to the day of election for which the candidates are nominated. All other certificates for the nomination of candidates shall be filed with the county clerk of the respective coun- ties at least thirty days previous to the day of such election : Provided that certificates of nomination and nomination papers for the nomina- tion of candidates for the offices in cities, villages and incorporated towns, and for town offices in counties under township organization, shall be filed with the clerks of the towns, cities, villages and incorpo- rated towns at least fifteen days previous to the day of such election. 542h. Nomination, withdrawal of — papers, inspection of.] § 8 . Any person whose name has been presented as a candidate may cause his name to be withdrawn from nomination by his request in writing, signed by him and acknowdedged before an officer qualified to take acknowledgment of deeds, and filed with the secretary of state not less than fifteen (15) days, or with the proper clerk not less than eight (8) days previous to the day of election, and no name so withdrawm shall be printed upon the ballots. All certificates of nomination and nomi- nation papers, when filed, shall be open, under the proper regulation, to public inspection and the secretary of state and the several clerks having charge of nomination papers shall preserve the same in their respective offices not less than six months. 542i. Nominees, vacancy of — substitution.] § 9. In case a can- didate who has been duly nominated under the provisions of section six (6) of this act die before election day, or decline the nomination, as in this act provided, or should any certificate of nomination be held insuf- ficient or inoperative by the officer with whom they may be filed, the vacancy or vacancies thus occasioned may be filled by the political party or other persons making the original nominations, or, if the time is insufficient therefor, then tlie vacancy may be filled, if the nomina- tion was by convention or caucus, in such manner as the convention or caucus had previously provided, or, in case of no such previous pro- vision, then, by a regularly elected general or executive committee rep- resenting the political party or persons holding such convention, meet- ing or caucus. The certificates of nomination made to supply such vacancy shall state, in addition to the other facts required by section six (6) of this act, the name of the original nominee, the date of his death or declination of nomination, or the fact that the former nomina- tion has been held insufficient or inoperative, and the measures taken in accordance with the above requirements for filling a vacancy, and it shall be signed and sworn to by the presiding officer and secretary of Elections. 244c the convention or caucus, or by the chairman and secretary of the duly authorized committee, as tlie case may be. 542j. Nomination certificates — objections to.] §10. The certifi- cates of nomination and nomination pomers, being so filed and being in apparent conformity with the provisions of this act, shall be deemed to be valid unless objection thereto is duly made in writing. Such objec- tions or other questions arising in relation thereto in the case of nomi- nation of state officers shall be considered by the secretary of state and the auditor and attorney general, and the decision of the majority of these officers shall be final. Such objections or questions arising in the case of nominations for officers to be elected by the voters of a division less than the state and greater than a county shall be considered by the county judges of the counties embraced in such division, and the decis- ion of a majority of these officers shall be final. Such objections or questions arising in the case of nominations of candidates for county officers shall be considered by the county judge, county clerk and state’s attorney for such county and the decision of a majority of said officers shall be final. Objections or questions arising in the case of nominations of city, town or village officers shall be considered by the mayor or president of the board of trustees and the city, town or vil- lage clerk with whom one alderman or trustee thereof, as the case may be, chosen by lot shall act, and the decision of a majority of such officers shall be final. Such objections arising in the case of nominations of town officers shall be considered by the board of auditors of such town and the decision of a majority of such auditors shall be final. In any case where such objection is made notice shall, forthwith, be given to the candidates affected thereby, addressed to their places of residence, as given in the nomination papers, and stating the time and place when and where such objections will be considered : Provided that in cities, towns or villages having a board of election commissioners such ques- tions shall be considered by such board and its decision shall be final. 542k. Vacancy filled, notice of — ballots, change of.] § 11. When such certificate is filed with the secretary of state he shall, in certifying nominations to the various county clerks, insert the name of the person who has been thus nominated to fill a vacancy in place of the original nominee and, in the event that he has already sent forward his certifi- cate, he shall, forthwith, certify to the clerks of the proper counties the name and description of the person so nominated to fill a vacancy, the office he is nominated for, with the other details mentioned in cer- tificates of nomination filed with the secretary of state and, in cases where such clerk is not charged by this act with the printing of the ballots, he shall immediately certify the name so supplied to the authori- ties charged wuth the printing of the ballots. The name so supplied for the vacancy shall, if the ballots are not already printed, be placed on the ballots in place of the name of the original nominee ; or, if the bal- lots have been printed, new ballots, whenever practicable, shall be furnished. 244 (i Elections. 542I. Pasters, use of — writing or stamping — notice of.] § 12 . Whenever it may not be ])racticable to have new ballots printed it shall be the duty of tlie election officer having charge of the ballots to place the name siip])lied for the vacancy upon each ballot issued before deliv- ering it to the voter. The name so supplied may be placed upon the ballots either by affixing a paster or by writing or stamping the name on the ballot and, to enable this to be done, the officer with whom the certificates of nomination are to be filed shall immediately furnish the name of such substituted nominee to all judges of election within the territory in which such nominee may be a candidate. 542m. County clerks, notice to ] § 13. Xot less than fifteen days before an election to fill any public office the secretary of state shall certify to the county clerk of each county within which any of the electors may, by law, vote for candidates for such office the name and description of each person nominated for such office, as specified in the certificates of nomination filed with the secretary of state. 542n. Ballot, contents of — printing of — form.] § 14. The names of ail candidates to lie voted for in each election district or pre- cinct shall be printed on one ballot ; all nominations of any political party or group of petitioners being placed under the party appellation or title of such party or group, as designated by them in their certifi- cates of nomination or petitions or, if none be designated, then under some suitable title and the ballot shall contain no other names, except that, in case of electors for president and vice president of the United States, the names of the candidates for president and vice president may be added to the party or political designation. If a constitutional amendment or other public measure is submitted to a vote such ques- tion shall be printed upon the ballot after the list of candidates 'and words calculated to aid the voter in his choice of candidates or to answer any question submitted to vote may be added, such as: “ Yote for one,” “ Yote for three,” “Yes,” “Iso” or the like. On the back or outside of the ballot, so as to appear when folded, shall be printed the words, “ Official ballot,” followed by the designation of the polling place for which the ballot is prepared, the date of the election and a fac simile of the signature of the clerk or other officer who has caused the ballots to be printed. The ballots shall be of plain white paper, through which the printing or writing can not be read. The party appellation or title shall be printed in capital letters, not less than one- fourth of an inch in height and a circle one-half inch in diameter shall be printed at the beginning of the line in which such appellation or title is printed. The names of candidates shall be printed in capital letters not less than one-eighth nor more than one-fourth of an inch in height and, at the beginning of each line in which a name of a candi- date is printed, a square sliall be printed, the sides of which shall not be less than one-fourth of an incli in length. The list of candidates of the several parties and groups of petitioners shall be placed in separate columns on the ballot in such order as the authorities charged with the printing of the ballots shall decide. Elections. 244e As nearly as practicable tlie ballot sliall be in the following form : 0 DEMOCRATIC. 0 REPUBLICAN. 0 PROHIBITION. For Governor □ JOHN M. PALMER. For Governor □ JOSEPH W. FIFER. For Governor □ DAVID II. HARTS. For Lieutenant Governor □ ANDREW J. BELL: For Lieutenant Governor □ LYMAN B. RAY. For Lieutenant Governor □ JOS. L. WHITLOCK. For Secretary of State D NEWELL D. RICKS. For Secretary of State □ I. N. PEARSON. For Secretary of State □ JAMES R. HANNA. (And continuing in like manner as to all candidates to be voted for at sucli election.) 542 o. Printing and distribution, by whom.] § 15 . For all elec- tions to wliich this act aj^plies, the county clerks, in their respective counties, shall have charge of the printing of the ballots for all general elections and shall furnish them to the judges of election ; the city, town or village clerk shall have charge thereof and furnish them in all city elections and the town clerk in counties under township organiza- tion shall have charge thereof and furnish the same in all town elec- tions to which this act applies ; provided, that in 'cities, towns or vil- lages having a board of election commissioners such board shall have charge of the printing of the ballots and furnish them to the judges of election within the territory under their jurisdiction. Ballots shall be printed and in possession of the officer charged with their distribution at least two days before the election and subject to the inspection of candidates and their agents ; if any mistakes be discovered they shall be corrected without delay. The officer so charged with the printing of the ballots shall cause to be delivered to the judges of election, at the polling place of each precinct or district, not less than twelve hours before the time fixed by law for the opening of the polls therein, one hundred ballots of the kind to be voted in such precinct or district for every fifty votes cast therein at the last preceding election for state officers ; such ballots shall be put up in separate sealed packages, with marks on the outside clearly designating the polling place for which they are intended and the number of ballots inclosed, and receipt tlierefor shall be given by the judges of election to whom they are delivered, which receipt shall be preserved by the officer charged with the printing of the ballots. The officer or authorities cliarged with the printing and distributing of the ballots shall provide and retain at his or their office an ample supply of ballots, in addition to those distrib- uted to the several voting precincts or districts and if, at any time, on or before the day of election the ballots furnished to any precinct shall be lost, destroyed or exhausted before the polls are closed, on written application signed by a majority of the judges of such precinct or dis- trict, or signed and sworn to by one of such judges, he shall imme- diately cause to be delivered to such judges, at the polling place, such 244 f Elections. additional supply of ballots as may l^e recpiired and sufficient to comply ■with the provisions of this act. 542p. Question submitted, form of.] § IG. Whenever a constitu- tional amendment, or otlier ])ublic measure, is proposed to be voted upon by the people tlie substance of such amendment or other public meas- ure shall be clearly indicated upon the ballot and two spaces shall be left upon the margin, one for votes favoring the amendment or public measure, to be designated by the word yes,” and one for votes oppos- ing the amendment or measure, to be designated by the word ‘‘ no,” as in the form herein given : Proposed amendment to the constitution giving judges YES. X a life term of office and making them appointive. NO. The elector shall designate his vote by a cross mark ; thus (x). 542q. Cumulative voting.] § 17. It may be stated in the certificates of nomination of candidates for representatives in the general assembly what number of votes it is desired shall be printed as given to such candidate or candidates and, in such case, the ballots shall be so printed. In any case where the certificate of nomination does not so state, then no number of votes shall be printed on the ballots as to the candidate or candidates named in such certificates. In canvassing the vote for representatives in the general assembly, if the ballot has been so marked as to indicate that the voter intends to vote for one person only for that office, it shall be counted three votes for that candidate ; if it has been so marked as to indicate that the voter intends to vote for two persons for representatives, it shall be counted one and one-half votes for each of such candidates, unless otherwise on the ballot expressly stated ; and if it has been so marked as to indicate an intention to vote for three persons for such office it shall be counted one vote for each of such candidates, unless otherwise on the ballot expressly stated ; and if it has been so marked as to indicate an attempt to vote for more persons for representatives than the voter is entitled to vote for the votes for representatives on such ballot shall not be counted. 542r. Instructions for voters.] § 18. The officer or officers whose duty it is to have the ballots printed, shall prepare full instructions for the guidance of voters at each election as to obtaining ballots, as to the manner of marking them and the method of gaining assistance and as to obtaining new ballots in place of those accidentally spoiled ; and, they shall respectively cause tlie same, together with copies of sections twenty-one (21), twenty-two (22), twenty-three (23), twenty-four (21), twenty-five (25), twenty-eight (28) and twenty-nine (29) of this act, to be printed in large, clear type, on separate cards, to be called cards of instruction ; and such officer or officers shall furnish to the judges of election a sufficient number of such cards of instruction to enable the judges of election to comply with the provisions of this act. Elections. 244g 542s. Instruction cards, specimen ballots, posting* of.] § 19. The judges of election sliall cause not less than one of such cards to be posted in each voting booth, provided for the preparation of ballots, and not less than four of such cards to be posted in and about the poll- ing places upon the day of election. J udges of election shall, not less than hve days prior to an election, cause to be conspicuously posted, in five or more public places in their voting precinct or election district, a card of instruction and a specimen ballot printed on colored paper, containing the names, residence and party or political affiliation of all candidates nominated, as herein provided, and to be voted for in such precinct, substantially in the form of the general ballot to be used herein, and they shall likevvdse cause to be published, prior to the day of election, in at least two newspapers, if there be so many published in such county, representing the political parties which cast at the pre- ceding election the largest and next largest number of votes, a list of all the nominations made as herein provided and to be voted for at such election, as near as may be, in the form in which they shall appear upon the general ballot. 542t. Ballots, custody of] § 20. The judges of election of their respective election precincts or election districts shall have charge of the ballots and furnish them to the voter as hereinafter set forth. 542U. Booths — stationery — cost of] § 21. All officers upon whom is imposed by law the duty of design [at]ing or providing polling places shall provide, in each polling place so designated or provided, a sufficient number of booths, which shall be provided with such supplies and conveniences, including shelves, pens, penholders, ink, blotters and pencils, as will enable' the voter to prepare his ballot for voting and in which voters may prepare their ballots, screened from all observation as to the manner in which they do so ; and, a guard rail shall be so con- structed and placed that only, such persons as are inside said rail can approach within six feet of the ballot box and of such voting booths. The arrangements shall be such that the voting booths can only be reached by passing within said guard rail. They shall be within plain view of the election officers and both they and the ballot boxes shall be within plain view of those outside the guard rail. Each of said booths shall have three sides inclosed, one side in front, to open and shut by a door swinging outward or to be closed with a curtain. Each side of each booth shall be seven feet high and the door or curtain shall extend to within* two feet of the floor, which shall be closed while the voter is preparing his ballot, and such booths shall be well lighted. Each booth shall be, at least, three feet square and shall contain a shelf, at least, one foot wide at a convenient height for writing. Ko person other than the election officers and the challengers, allowed by law, and those admitted for the purpose of voting, as hereinafter provided, shall be permitted within the guard rail except, by authority of the election officers, to keep order and enforce the law. The number of such vot- ing booths shall not be less than one to every hundred voters who voted at the last preceding election in the district. The expense of provid- 244U Elp:ctions. ing booths and guard rails and other things required in this act shall be paid in the same manner as other election expenses. 542 V. Voters, registration — challenge.] §22. Any person desir- ing to vote shall give his name and, if required to do so, his residence to the judges of election, one of whom shall thereupon annonnce the same in a lond and distinct tone of voice, clear and audible, and, if such name is found on the register of voters by the officer having charge thereof, he shall likewise re])eat said name and the voter shall be allowed to enter the space inclosed by the guard rail, as above pro- vided. One of the judges shall give the voter one, and only one, bal- lot on the back of which such judge shall indorse his initials, in such manner that they may l)e seen when the ballot is properly folded, and the voter’s name shall be immediately checked on the register list. At all elections, when a registry may be required, if the name of any per- son so desiring to vote at such election is not found on the register of voters he shall not receive a ballot until he shall have complied with the law prescribing the manner and conditions of voting by unregis- tered voters. If any person desiring to vote at any election shall be challenged he shall not receive a ballot until he shall have established his right to vote in the manner provided by law. Besides the election officer not more than two voters in excess of the whole number of vot- ing booths provided shall be allowed in said inclosed space at one time. 542W. Ballot, preparation of — casting.] § 23. On receipt of his ballot the voter shall forthwith, and without leaving the inclosed space, retire alone to one of the voting booths so provided and shall prepare his ballot, by making, in the appropriate margin or place, a cross ( X ) opposite the name of the candidate of his choice for each office to be tilled or by writing in the name of the candidate of his choice in a blank space on said ticket, making a cross (x) opposite thereto, and, in case of a question submitted to the vote of the people, by making, in the appropriate margin or place, a cross (x) against the answer he desires to give : Provided, however, if he shall desire to vote for all the candidates of one political party or group of petitioners he may place such mark at the appropriate place preceding the appellation or title under which the names of the candidates of such party or group of petitioners are printed and the ballot so marked shall be counted as cast for all the candidates named under that title : Provided, further, that the voter may place such mark at the appropriate place preceding the appellation or title of one party or grou]) of petitioners and may, also, mark, at the appropriate place, preceding the name or names of one or more candidates printed under the appellation or title of some other party or group of petitioners and a ballot so marked shall be counted as cast for all the candidates named under the appellation or title which has been so marked, excej^t as to the officers as to which he has placed such mark preceding the name or names of some other candidate or candidates printed under the title of some other party or group of petitioners, and as to such it shall be counted as cast for the E'LECTIONS, 244i candidate or candidates preceding whose name or names sncli mark may have been placed. Before leaving the voting booth the voter shall fold his ballot in such manner as to conceal the marks thereon, lie shall then vote forthwith in the manner now provided by law, except that the number corresponding to the number of the voter on the poll books shall not be indorsed on the back of his ballot. He shall mark and deposit his ballot without undue delay and shall quit said inclosed space as soon as he has voted. Ho voter shall be allowed to occupy a voting booth already occupied by another, nor remain within said inclosed space more than ten minutes, nor to occupy a vot- ing booth more than five minutes in case all of said voting booths are in use and other voters waiting to occupy the same. Ho voter not an elec- tion officer shall, after having voted, be allowed to re-enter said inclosed space during said election. Ho person shall take or remove any ballot from the poling place before the close of the poll. Ho voter shall vote or offer to vote any ballot except such as he has received from the judges of election in charge of the ballots. Any voter who shall, by accident or mistake, spoil his ballot, may, on returning said spoiled ballot, receive another in place thereof. 542X. Illiterate voter — intoxication.] § 24. Any voter who may declare upon oath that he can not read the English language or that by reason of any physical disability he is unable to mark his ballot shall, upon request, be assisted in marking his ballot by two of the election officers of different political parties, to be selected from the judges and clerks of the precinct in Avhich they are to act, to be designated by the judges of election of each precinct at the opening of the polls. Such officers shall mark the ballot as directed by the voter and shall there- after give no information regarding the same. The clerks of election shall enter upon the poll lists after the name of any elector who received such assistance in marking his ballot a memorandum of the fact. Intoxication shall not be regarded as a physical disability, and no intoxicated person shall be entitled to assistance in marking his ballot. 542y. Employe’s absence from labor, etc., to vote — refusal of leave.] § 25. Any person entitled to vote at a general election in this state shall, on the day of such election, be entitled to absent himself from any services or employment in which he is then engaged or Elections. 244 j employed for a period of two hours between the time of opening and closing the jiolls; and, such voter shall not because of so absenting him- self he liable to any penalty, nor shall any deduction be made on account of such alisence from his usual salary or w^ages : Provided, how- ever, that application for such leave of absence shall be made prior to the day of election. The employer may specify the hours during which said employe may absent himself as aforesaid. Any person or corporation who shall refuse to an employe the privilege hereby con- ferred, or shall subject an employe to a penalty or deduction of wages because of the exercise of such privilege, or who shall directly or indi- rectly violate the provisions of this section, shall be deemed guilty of a misdemeanor and be fined in any sum not less than five dollars ($5) nor more than one hundred dollars ($100). 542Z. Ballots not counted — spoiled ballots.] § 26. If the voter marks more names than there are persons to be elected to an office, or if for any reason it is impossible to determine the voter’s choice for any office to be filled, his ballot shall not be counted for such office. !No ballot without the official indorsement shall be allowed to be depos- ited in the ballot box and none but ballots provided in accordance with the provisions of this act shall be counted. Ballots not counted shall be marked ‘'’defective,” on the back thereof, and ballots to which objection has been made by either of the judges or challengers shall be marked “ objected to,” on the back thereof, and a memorandum signed by the judges stating how it was counted shall be written upon the back of each ballot so marked, and all ballots marked defective or objected to shall be inclosed in an envelope securely sealed and so marked and indorsed as to clearly disclose its contents. All ballots not voted, and all that have been spoiled by voters while attempt- ing to vote, shall be returned by the judges of election to the officer or authorities charged with the printing and distribution of the ballots and a receipt taken therefor and shall be preserved six months ; such officer shall keep a record of the number of ballots delivered for each polling place, the name of the person to whom and the time when delivered and he shall, also, enter upon such record the number and character of ballots returned, with the time when and the person by whom they are returned. Elections. 244k 542 aa. Canvass — result proclaimed — ballots preserved.] § 27. When the canvass of the 'ballots shall have been completed, as now provided by law, the clerks shall announce to the judges the total num- ber of votes received by each candidate ; each judge of election, in turn, shall then proclaim,, in a loud voice, the total number of votes received by each of the persons voted for and the office for which he is designated and the number of votes for and the number of votes against any proposition which shall have been submitted to a vote of the people ; such proposition [proclamation] shall be prima facie evi- dence of the result of such canvass of the ballots. Immediately after making such proclamation and before separating, the judges shall fold, in two folds, and string closely upon a single piece of flexible wire all ballots which have been counted by them, except those marked objected to,” unite the ends of such wire in a firm knot, seal the knot in such manner that it can not be untied without breaking the seal, inclose the ballots, so strung, in an envelope and securely tie and seal such envelope with official wax impression seals, to be provided by the judges, in such manner that it can not be opened without breaking the seals and return said ballots, together with the package containing the ballots marked ‘‘ defective or objected to,” in such sealed package or envelope, to the proper clerk or to the board of election commissioners, as the case may be, and such officer shall carefully preserve said ballots for six months and, at the expiration of that time, shall destroy them, by burning, without previously opening the package or envelope. Such ballots shall be destroyed in the presence of the official custodian thereof and two electors of approved integrity and good repute and members respectively of the two leading political parties. The said electors shall be designated by the county judge of the county in which such ballots are kept : Provided, that if any contest of the election of any officer voted for at such election shall be pending at the expiration of said time the said ballots shall not be destroyed until such contest is finally determined. In all cases of contested elections the parties con- testing the same shall have the right to have said ballots opened and to have all errors of the judges in counting or refusing to count any bal- lot corrected by the court or body trying such contest ; but, such ballots shall be opened only in open court or in open session of such body and in the presence of the officer having the custody thereof. 2441 Elections. 542 bb. Vote soliciting — electioneering.] §28. IN'o person what- ever sliall do any electioneering or soliciting of votes on election day within any polling ])lace or within one hundred (100) feet of any poll- ing place ; no person shall interrupt, hinder or oppose any voter while approaching the polling ])lace for the purpose of voting. Whoever shall violate the provisions of this section shall be punished by a fine of not less than twenty-five dollars (§25) nor more than one hundred dollars ($100) for each and every offense ; and, it shall be the duty of the judges of election to enforce the provisions of this section. 542CC. Voter keep ballot secret — interference with.] §29. Any voter who shall, except as hereinotherwise provided, allow his ballot to be seen by any person with an apparent intention of letting it be known how he is about to vote, or who shall make a false statement as to his inability to mark his ballot, or any person who shall interfere, or attempt to interfere with any voter when inside said inclosed space or when marking his ballot, or who shall endeavor to induce any voter before voting to show how he marks or has marked his ballot shall be punished by a fine of not less than five dollars ($5) nor more than one hundred dollars ($100) and it shall be the duty of the election judges to enforce the provisions of this section. 542 dd. Posters or supplies, defacing etc. — hindering voter.] § 30. Any person who shall, prior to an election, wilfully destroy or deface any list of candidates posted in accordance with the provisions of this act or who, during an election, shall wilfully deface, tear down, remove or destroy any card of instructions or specimen ballot printed and posted for the instruction of voters, or who shall, during an election, wilfully remove or destroy any of the supplies or conveniences furnished to enable voters to prepare their ballots, or shall wilfully hinder the vot- ing of others, shall be punished by a fine not less than ten dollars ($10) nor more than one hundred dollars ($100). 542 ee. Certificate of nomination, destroying — spurious ballots etc.] § 31. Any person who shall falsely make or wilfully destroy any certificate of nomination or nomination papers, or any part thereof, or any letter of withdrawal, or file any certificate of nomination or nomination paper knowing the same or any part thereof to be falsely made, or suppress any certificate of nomination or nomination paper or any part thereof which has been duly filed, or forge or falsely make the Elkctions. 244m official indorsement on any ballot or shall take from the polling place any official ballot or substitute therefor any spurious or counterfeit ballot, or make, use, circulate, or cause to be made or circulated, as an official ballot, any paper ]:)rinted in imitation or resemblance thereof, or wilfully destroy or deface any ballot, or wilfully delay the delivery of any ballots, shall be punished by a fine not less than one hundred dollars ($100), and not exceeding one thousand ($1,000) dollars, or by imprisonment in the penitentiary not less than one year and not exceed- ing five years, or by both such fine and imprisonment. 542ff. Officer’s neglects.] § 32. Any public officer u]3on wdiom a duty is imposed by this act who shall wilfully neglect to perform such duty, or who shall wilfully perform it in such a way as to hinder the object of this act, shall be punished by a fine of not less than $5 nor more than $1,000, or by imprisonment in the penitentiary for not less than one year and not exceeding five years, or by both such fine and imprisonment. Publication of act.] Omitted ; its purpose served. 542gg. Polls, opening and closing.] § 3d. At all elections to which this act applies, except at elections held in cities, villages and incorporated towns which have heretofore adopted or may hereafter adopt the provisions of an act entitled “ an act regulating the holding of elections and declaring the results thereof in cities, villages and incorporated towns,” approved June 19, 1885 (ante, § 351), the polls shall be opened at seven o’clock in the morning and shall be closed at five in the evening. 542hh. Repeals — reservations — exceptions.] § 35. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed : Provided, that this act shall not be construed to repeal an act entitled “ an act regulating the holding of elections and declaring the results thereof in cities, villages and incorporated towns,” approved June the 19th, 1885, or any of the amendments thereto ; but all elec- tions in cities, villages and incorporated towns which may have hereto- fore adopted or may hereafter adopt the said act shall be held in accord- ance with the provisions of the aforesaid act, except as to the manner of making nominations for office, the manner of providing, printing and distributing ballots, the form of ballots, the arrangement and the furnishing of polling places and voting booths, and the manner of vot- 244ii Elections. ing and tlie iiumljering and preserving of ballots, all of wliich shall be in eonforinity with the ])rovisions of this act. Iso penalty provided for a violation of any of the ])rovisions of this act shall be construed as a substitute for, or repeal of, any penalty provided in the aforesaid acts of June 19, 1885, for a violation of any of the provisions of said act. Newspaper publication of act.] § 36. Omitted. Primary. An act to regulate primary elections of voluntary political associations, and to punish frauds therein. [Approved June 6 , 1889. In force July 1 , 1889. L., 1889, p. UO. 543 . Act when to govern.] § 1 . Be it enacted hy the people of the state of Illinois^ represented in the general asseinhly^ That all elections hereafter to be holden by any voluntary political association or party, for any candidate for any office, or for any delegates or managing com- mittee, or for the nomination of candidates for public office, shall be held under the provisions of this act, whenever any committee or body authorized by the rules or customs of such political association shall elect to accept and act under such provisions. 544 . Acceptance of act by committees.] § 2 . Whenever it shall be the desire of any such committee or body that such election shall be held under the provisions of this act, such desire and acceptance shall be expressed by a resolution duly passed by such committee or body, which resolution shall state that such election will be held under the provisions of this act under the title of ‘‘ Primary Election Law.” 545 . Time and place of election — judges and clerks — proxies.] § 3. Said committee or body shall fix the time and place of holding such election and the hours between which the polls are to be kept open, and the polls shall, in all cases, be kept open from 1 o’clock p. m. to 7 o’clock p. M., of the day on which the election is held ; they shall, also, appoint three reputable persons to act as judges and two reputable persons to act as clerks at each polling place : Provided, that in cities and towns or villages where there is a board of election commissioners having jurisdiction of general elections, said central or controlling committee shall select the judges and clerks from the list of regular election judges and clerks in each ward, or voting district, to serve at such primary elec- tion representing the political association or party calling said primary Elections. 245 election. Said judges and clerks, together with the central committee- man who acted with the central or controlling committee, in calling said primary election, shall be ineligible as delegates, alternates, or proxy, at such primary election, or allowed to sit as such in any convention, meet- ing or caucus, held for the election to which said primary election or elections is being held. 546. Notice of election — form of.l § 4 . At least ten days prior to any such election a notice of such election shall be published in some newspaper or newspapers of general circulation in the district, ward, precinct, towmship, city or county in and for which the election is called ; such notice must be signed by the secretary of the committee or body calling such election, and must state the purpose, time, together with the place or places of holding such election, with a description of each primary election district, and the three persons shall he named therein who are appointed for each polling place to act as judges and two ])ersons to act as clerks of said election, and who shall supervise or preside at such election in the primary election district for which they are respectfully [respectively] appointed, and such judges and clerks shall be legal voters and householders in one of the regular election precincts within the primary election district for which they are named. Such notice shall also declare that such election therein called will be held in pursuance of, and subject to the provisions of this act, under the title of ‘‘Primary Election Law”, and any election held in pursuance of any notice calling for an election under the “Primary Election Law”, shall be taken and deemed to be an election under this law. 547. Judges’ and clerks’ oath — penalties.] § 5. The persons named as judges and clerks of election in the notice required by section four of this act, or any persons assuming or chosen to be such judges and clerks in the absence, refusal or failure to act, of any of the judges or clerks named in such notice shall first make oath or affirmation that they are legal voters and householders in one of the regular election precincts within the primary election district, for which they w^ere appointed to serve; that they will faithfully and correctly conduct such election, protect it against all frauds and unfairness, carefully and truly canvass all votes cast thereat, and in every way conform to the pro- visions of this act, and of the notice for the election, which oath may be administered by any one of the judges, or by any person authorized under the laws of the state to administer oaths. And, if one or all of the judges appointed to serve at the election be absent or fail or refuse to serve at the hour appointed for the election to begin, then, the electors present to the number of not less than five, possessing the qualifications of persons entitled to vote at said election, shall choose a person or persons to fill any vacancy that may exist. Any violation of the provisions of this section shall be deemed a misdemeanor, and shall subject the offender, on conviction, to punishment by a fine of not less than fifty dollars nor more than two hundred dollars, or by imprison- ment in the county jail not less than one nor more than six months, or by both such fine and imprisonment in the discretion of the court. Elections. 240 548. Voters’ qualifications.] § G. Every legal voter entitled to vote at regular elections within any election precinct, included within the primary district of which he is a resident, and who is a member of the ])olitical association or party holding the primary election, shall be entitled to vote at such primary election: Provided, that in cities, towns or villages where there is a board of election commissioners hav- ing jurisdiction of general elections, no person shall be allowed to vote unless he shall be a member of the political party or association holding such primary election and shall, upon demand, give the judges his name and ])lace of residence, and he shall state, u])on like demand (if made), that he has not voted at any other primary election held by any other political association or ]>arty for a period of one year prior to the date of the primary election then held. He shall not have voted at this or any other poll at any primary election held that day, nor shall he be allowed to vote unless, in addition to the qualifications herein- before prescribed, he is a registered voter in one of the election pre- cincts contained within the primary election district wherein he resides, and it shall be the duty of the board of election commissioners to fur- nish and distribute among the judges of every primary election held under this act, complete lists of the registered voters in each election precinct contained within their respective primary election districts. Any person who is not a member of the political association or party holding a primary electioji who votes at such primary election shall be deemed guilty of a misdemeanor and shall be subject, on conviction, to punishment by a fine of not less than fifty dollars, nor more than two hun- dred dollars, or by imprisonment in the county jail not less than six months, or by both such fine and imprisonment in the discretion of the court ; and, in any prosecution for the violation of the provisions of this act, wherein the fact as to the political party or association to which the defendant belongs is material, such membership may be shown by evi- dence of general reputation in the neighborhood where said defendant resided at the time of committing the alleged offense as to the political party or association to which he belonged. 549. Election districts — election of delegates.] §T. The com- mittee or body electing to hold a primary election under tliis act, shall divide the district, ward, toAvnship, city, town or village into primary election districts, such primary election districts shall be formed of contiguous election precincts in as nearly compact form and as nearly equal as circumstances will permit ; and no such primary election dis- trict shall be formed which shall contain more than 800 voters of the political association or party holding the primary election, the number of such voters to be determined by the vote cast at the last preceding presidential election. At any primary election held under this act, the voters of each of such primary election districts entitled to vote at such election shall choose their own representatives or delegates. 550. Challenge of voters — examination as to qualification — swearing in votes — penalties.] § 8. It shall be the duty of the judges of said election to entertain objections made by any qualified Elections. 247 elector, within his own primary election district, to any vote which may be offered, on the ground that the person offering it is not a citi- zen of the United States, or a legal resident and voter under the general election laws of the state, of the election precinct, ward, township, dis- trict, city, town or village for which the election is held ; or that he is not a member of the association or party holding such election, or, in case such person offering to vote should be reo^istered hy the terms of this act, that he is not a registered voter, or that he has received or been promised, directly or indirectly, any money, fee or reward for his vote for any candidate, or that he has voted before at that place or some other place on that day, or at the same election ; and it shall be the duty of one of the judges of the election, if such objection be not withdrawn, to administer to the person so offering to vote, an oath or affirmation to the general effect that he will truly testify to all matters relating to his qualifications under the general election laws of the state, to his residence, citizenship, the political party or association to which he belongs, receiving or being promised, directly or indirectly, any money, fee or reward for his vote from any candidate, or any other person, or whether he had voted at that or any other place on that day at such election, either in his own name or that of another, or under an assumed name. It shall then be the duty of the judges to interrogate the persons so objected to as to all matters in particular upon which said objection was made, and generally, as to all of his qualifications as ail elector .at such election. If the person so objected to shall refuse to answer any questions asked, after said oath or affirmation shall have been administered, or shall refuse to take such oath, it shall be the duty of the judges to reject such vote, and they shall also reject such vote unless sucli person shall file with them a written or printed, or partly written or printed, statement by him, signed under oath, that he is a qualified voter of the election district in which such ekction is held, and entitled to vote at such election; and, unless such statement shall be accompanied by a similar statement of some person known to at least one of the judges to be a qualified votor in that district, to the effect that he knows the person so challenged and that his state- ment is true, which said last statement must, also, be subscribed by the party making it. Such statement must, in all cases, expressly state that the person making it is a member of the political asso- ciation or party holding the election. If such statements 'shall be filed and such oath be taken and such questions answered in such a manner as to show that the applicant is qualified to vote at such election, it shall be the duty of the judges of the election to receive such vote, and the word ‘‘sworn ” shall be noted op]:»osite the person’s name on the poll lists, to be kept as hereinafter provided. Any viola- tions of the provisions of this section by the judges of the election, or either of them, shall be deemed a misdemeanor and, upon conviction, shall subject the pai’ty so offending to punishment by a fine of not less than one hundred dollars nor more than three hundred dollars, ^r by imprisonment in the county jail for not less than two nor more than Elkctioxs. six montlis, or by both siicli fine and imprisonment, in tlie discretion of the court; and, any person who shall, upon taking such oath or affirma-' tion and under the examination herein authorized, or in the written statements herein required, wilfully make a false statement as to a matter ])ertinent and material in such examination, shall be deemed guilty of ])erjury, and, upon conviction thereof, be punished as pre- scribed by law for such offense. 551. Offenses and penalties.'] § 9 . Whoever fraudulently votes more than once at any primary election, or offers to vote after having voted once at such election, or knowing that he is not a qualified voter at such election, wilfully votes or offers to vote at such election ; or Second — Wilfully aids or abets ari}^ one not qualified to vote at such primary election in voting or attemj^ting to vote at such election ; or Third — By offering a reward or bribe, or by treating or giving to him any spirituous, malt or other liquors, either directly or indirectly, influ- ences or attempts to influence any voter in giving or withholding his vote at such election; or Fourth — Furnishes a voter with a ticket or ballot informing him that it contains a name or names different from those which appear thereon, with intent to induce him to vote contrary to his intentions; or Fifth — Fraudulently or deceitfully changes a ballot of a voter, with intent to prevent such voter from voting for such person as he intended ; or Sixth — Endeavors to prevent the voting of any voter, or the exercise of lawful influence by an}^ person over a voter at such election for him- self or for or against any person, by means of violence, or threats of vio- lence, or threats of withdrawing custom, or dealing in business or trade, or enforcing the payment of a debt, or bringing a suit or criminal pro- secution, or any other threat of injury to be inflicted by him or by such means ; or Seventh — By bribery or corrupt or unlawful means, prevents or at- tempts to prevent any voter from attending or voting at such election ; or Eighth — (fives or offers to give any valuable thing or bribe to any judge or clerk of such election, as a consideration for some act to be done or omitted to be done contrary to his duty in relation to such election, or shall interfere with or disturb in any manner, any election held under the provisions of this act, shall be deemed guilty of a misde- meanor and, on conviction thereof, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not less than two nor more than six months, or both such fine and im- ]u*isonment, in the discretion of the court. 552. Qualifications, limitation on — challengers — poll list. | § lU. The judges of such primary election or elections shall not require any other or further qualifications of voters at such primary election than those provided in this act, and, they shall j^ei’init a challenger for each adverse interest or party in the result of such primary election to be and Elections. 249 remain within each polling place, where such primary election is being held, and give ample time and opportunity to any challenger or any other person to challenge each vote as the same is presented ; and, chal- lengers shall be residents of the primary districts for which they are chosen. The poll list shall contain the name of each voter, with his residence, in the order which the votes were cast, and the judges and clerks shall see to it that the ballot cast by each voter shall receive the same number that is entered opposite the name of such voter on such poll list, in the order of and as the votes are cast. 553. Poll and tally lists, form of.] § 11 . The following is, sub- stantially, the form of the poll lists and tally lists to be kept by the judges of election : TOLL LIST. Of the primary election held in the primary election district of the ward of. in the county of on the day of in the year A. B., C. D., and E. F. judges; and A. B. and C. D., clerks of said election, were respectively sworn (or affirmed) as the law directs, previous to their entering on the duties of their respective offices. Number and name of electors voting : No. Name and residence. No. Name and residence. 1 A. B. 3 E. F. 2 C. D. 4 G. H. We hereby certifv that the number of electors voting at this election is A. B., C. D., E. F., Judges of Election. A. B., C. D., Clerks. TALLY LIST. Names of persons voted for ; and for what position, and number of votes given for each candidate: We hereby certify that A. B. had ... .votes for and C. D., and votes for ; that E. F. had votes for etc. A. B., C. D., E. F., Judges of Election. A. B., C. D., Clerks. 554. Oaths, administering thereof.] §12. Any one of the judges may administer and certify oaths required to be administered during the progress of an election held under this act. 555. Ballots, form of.] § 13. When the primary election is held for the election of delegates the ballots shall be written or printed, or partly written and partly printed, and when printed or partly printed and partly written they shall be upon plain white paper without dis- tinguishing marks, the paper to be common print paper and the ballots to be 3^ by 6 inches in size. 556. Exhibition of ballot box.] § 14 . Before receiving any bal- lots the board must, in the presence of the persons assembled at the 32 2f)0 Elections. polling ])lace, open and exhibit, and tlien close the ballot box; and, thereafter it must not be removed from tlie ])olling jilace, nor the view of the bystanders until all the ballots are counted, nor must it be 0])ened until after the ])olls are tinally closed. 557. Opening of polls, proclamation,] § 1.5. Before the judges receive any ballots, they must cause it to be proclaimed aloud, at the place of election, that the polls are open. 558. Closing of polls, proclamation.] § IG. Fifteen minutes be- fore the time when the polls are to be closed the fact must be pro- claimed aloud at the place of election, and after the polls are closed, no ballots must be received. 559. Canvass of votes — proclamation of result.] § IT. As soon as the ])olls are finally closed, the judges and clerks must imme- diately proceed to canvass the votes given at such election. The can- vass must be public, in the presence of the bystanders, and must be continued without adjournment until completed, and the result thereof is declared, and must, also, be conducted at the polling place where the election is held, where, also, the result as to each candidate voted for must be, immediately on the completion of such canvass, publicly pro- claimed by each one of the judges successively, in a loud voice, and such proclamation shall be prima facie evidence of the result. 560. Canvass, how conducted.] § 18. In conducting the canvass the judges shall first count the wliole number of ballots in the box, and if the number of such ballots shall be found to exceed the number of names entered on the polling lists they shall reject the ballots, if any be found upon which no number is marked, or so many thereof, without open- ing the same, or examining or looking at the names thereon, as may be necessary to make the number of ballots correspond to the number of names entered on the polling lists; but, if the number of ballots, after rejecting all the unnumbered ballots, still exceeds the number of natnes entered on the polling lists, they shall be replaced in the box, and one of the judges shall publicly draw out and destroy so many ballots, un- opened, and without examining them, as shall be equal to such excess. 561. Judges’ certificate to tally list.] § 19. The number of ballots agreeing, or being thus made to agree, with the number of names on the list, the lists must be signed by the judges and clerks of election, and the number of names thereon must be set down in words and figures at the foot of each list, and over the signatures of the judges, substantially in the form prescribed in section eleven. 562. Count of ballots.] § 20. After the lists are thus signed, the judges must proceed to count and ascertain the number of votes cast for each person voted for. The ballots must be taken out and opened by one of the judges and, by him, distinctly read aloud and inspected by the other two judges. 563. Poll lists — what to show.] § 21. The clerks must write down each office or position to be filled, and the name of each person voted for to fill such office, and keep the number of votes for each person for each office by tallies as they are read aluud. ElECTIO^[S. 251 564. Certificate of result.] § 22. As soon as all tlie votes are counted, there must be attached to the tally lists containing the names of the persons voted for and for what office, and the number of votes given for each candidate, the number being written at full length, and such lists must be signed by the judges and clerks, substantially in the form given in section eleven. 565. Deposit of poll and tally lists.] § 23. After counting the votes, proclaiming the result, and signing the lists, as above provided, and cause the statements provided for in section eight, and one copy of the lists to be delivered to the secretary signing the notice of election, and one of the judges must retain the other lists together with the ballots, for twenty days after the election, and such state- ments and lists returned to the said secretary shall be, by him, after the expiration of twenty days, delivered to the county clerk of the county in which such election was held, and, by that officer, kept with the other books and papers of his office open, like other public records, to public inspection, for the space of three months, at the end of which time, if no legal proceedings have been instituted, in which such lists or statements may be useful as evidence, said county clerk may then destroy the same. 1. Assent of the people to taxation is manifested by a vote adopting a law which calls for expenditure; Wetherell v. Devine, 110 111., 631. 566. Certificate to successful candidate.] § 2-t. The primary election judges or a majority of them must issue certificates of election to all persons who are chosen to fill any position by the vote of their primary election district. 567. Penalties, not otherwise declared.] § 25. If any person shall be guilty of any violation of this act, for which no punishment is herein especiallv provided for, he shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty dollars, nor more than two hundred dollars, or imprisoned in the county jail not less than one month nor more than six months, or punished by both such fine and imprisonment, in the discretion of the court. 568. Repeal.] §26. An act to regulate primary elections of volun- tary political associations and to punish frauds therein, approved June 22, 1885, is hereby repealed. An act to prevent and punish illegal voting at primary elections. [Ap- proved June 20, 1885. In force July 1, 1885. L., 1885, p. 187. 569. Primary election — who may not vote at.] § 1. Be it en- acted hy the 'people of the state of Illinois^ represented in the general assembly, That, it shall be unlawful for any person to vote at any priniRry election, or at any election called to select delegates to any con- vention, called either for the purpose of nominating a candidate or candidates for any elective office, or for the purpose of selecting other delegates to such convention, unless such person so voting or offering to vote would be a qualified elector in the district embraced within the call for said primary election, if the same was a general or special elec- 252 Eminent Domain. tioii, held under and in conformity witli the general election laws of this state. 570 . Violation of act ~ penalty.] § 2. Any person violating the provisions of this act shall, on conviction thereof, l)e fined in any sum not less than one linndred, nor more than five hundred, dollars, or im- prisoned in the comity jail not less than three nor more than six months, or both, in the discretion of the court. 10 . EMINENT DOMAIN. Section. 571. (bmpensation ascertained by a jury. 572. Proceedings — parties. 573. When petition is })resented in vaca- tion. 574. Service of summons — notice. 575. Hearing — several tracts in — amend- ment — ue \v parties — practice . 570. Jury — wlien bearing is in vacation. 577. Impaneling jury. 578. Oath of jury. 579. View of premises — verdict. Section. 580. J udgment — payment. 581. Cross petition. 582. Appeal. 583. Right to use land on giving bond in case of appeal. 584. Payment — to whom it may be made. 585. Judgment to be entered of record. 580. Repeal . 587. Lands of state institutions not to be taken . An act to provide for the exercise of the right of eminent domain, [Approved April 10, 1872. In force July 1 , 1872. L. 1871-2, p. 402. R. S., 1874, ch. 47. 1. The right of eminent domain, by which private property may be taken for pub- lic use, is a sovereign power. This power may be exercised ad libitum by the legis- lature — if just compensation be made to the owner; Johnson v. Jol. & C. RR. Co., 23 111., 202. 2. The power to exercise the right of eminent domain can be exercised, under the constitution (art. 2, § 13), only, by making just compensation; Chicago o. Lamed, 34 111., 203. 3. The exercise of the power of eminent domain can not be so abridged as to pre- vent the legislature from appropriating the property and franchises of incorporated companies, where the public exigency demands it. Whatever exists, in any form — tangible or intangible — is subject to the exercise of this power; Met. C. Ry. Co. v. Chi. W. D. Ry. Co., 87 111., 317; as to an estate for years; ('hicago v. Carrity, 7 App., 474. 4. The doctrine of eminent domain is applicable, only, to the condemnation of property — not to the levy and collection of a tax; Hessler v. Drain. Comm., 53 111., 105; Harward i\ St. Clair Drain Co., 51 111., 130. 5. The phrase “ private property ”, includes the right of user and enjoyment of the property; E. St. L. v. 0 Flynn, 19 App., 07. 571. Compensation — jury.] § 1. Be it enacted hy the people of the state of Illinois ^represented in the general assembly^ That, private property shall not be taken or damaged for public use without just compensation ; and, that, in all cases in which compensation is not made by the state in its corporate capacity, such compensation shall be ascer- tained by a jnry, as hereinafter prescribed. 1. This section and article 2, section 13, of the constitution have no reference to special taxation of contiguous propertv. for local improvements by cities etc.; People r. Stuart, 97 111., 123; White v. People, 94 111.. 604. Eminent Domain. 253 2. It would be moustrous that a city — in this case, Chicago — should, at pleasure make changes in a river, so as to render buildings and wharves an obstruction, and, then, require their removal without compensation; Chicago o. Lafiin, 49 111., 172. 3. Just compensation isthe sum allowed and paid one, whose property is taken, equiva- lent to the value of that which is taken; Chi. & A. RR. Co. i\ Goodwin, 111 111., 288. 4. Just compensation is an indemnity for all the land owner may sufFer from all the future consequences of the careful and prudent operation of the proposed struc- ture or improvement; C. & E. I. RR. Co. v. Loeb, 118 111., 206. 5. All such damages as are reasonably probable — as di.stinguished from possible, speculative or remote — form proper basis of recovery; C. , B. & N. RR. Co. v. Bow- man, 122 111., 598. 6. The compensation for property damaged, as well as taken — when not made by the state — must be ascertained by a jury; Kine v. Defenbaugh, 64 111., 291; People V. M’Robers, 62 111., 38. 7. The determination of what is “just compensation” for private property, when taken for public use, is a judicial act — which can, properly, be performed, only, by the judicial department of the government; Cook v. S. P. Comm., 61 111 , 115; Rich «. Chicago, 59 111., 286. 8. The only question, for the jurv is the amount of damages to be assessed; De- Buol V. F. & M. R. Ry. Co, 111 111., 503. 9. The right of the state to take private property for public uses can not be asserted by mere legislative enactment; Cook i\ S. P. Comm., 61 111., 115. 10. The laws in force at the time a city enters on a public improvement — us of a street, by changing its grade — fixes and determines the right of a property holder to damages. Subsequent legislation can not change this; Elgin v. Eaton, 83 111., 535. 11. The compensation to be paid for land, on condemnation, is fixed by its value at the date of petition filed; Cone. C. Asso. v. M. & N. W. RR. Co., 121 ill., 203; C. & L. S. RR. Co. V. Cath. Bish.,119 111., 526; Schreiber t?. Chi. & E. RR. Co., 115 111., 343; Dukins v. Chi. & N. W. Ry. Co., 115 111., 543; S. P. Comm. v. Dunlevy, 91 111., 43. 12. All special damages — present and prospective — from the proper construction, maintenance and operation of a railroad, constitute as to a land owner one single, in- divisible cause of action; O. & M. Ry. Co v. Watcher, 121 111., 441. 13. Damages — present and prospective — to contiguous land are immediately re- coverable when a railroad is constructed and put iu operation; they must all be re- covered in one action, which is barred in five years; C, & E. I. RR. Co, i\ M’Aulev, 121 111., 160. 14. Right of way condemned. Owner is entitled to the value of land taken and all damages to the residue, past, present and future, which the use may "easonablv nro- duce; C., R. I. & P. Ry. Co. v. Smith, 111 111., 371. 15. Compensation for land taken must be based on the fair cash value at the time of condemnation; Calu. R. Ry. Co. v. Moore, 124 111., 332. 16. Compensation is the market value of lauds to be taken, having regard to the location and advantages of situation and the purposes for which it is designed and used; C., B. & N. RR. Co. v. Bowman, 122 111., 598. 17. The true test is the market value; but, reference may be had not only to the uses to which the land is applied, but to its capabilities. A mine or a water pow'er, although as yet not utilized, adds to the value of land and this may be considered; Ilaslam v. Gal. & I. W. RR. Co.. 64 111., 353. 18. In considering the compensation to be paid for laud the price at which the pro- perty would sell for under special circumstances is not the test; it is the fair cash value on the assumption of willingness of the parties to sell and buv: Brown v. Calu. R. Ry. Co., 125 111., 667. 19. Land taken for public use; owner is entitled to the value of land actually taken without regard to supposed benefits from the improvement; Harwood v. Blooming- ton, 124 111., 49. 20. Value of the land to the party taking is not for consideration. The question is just compensation to the owner; DeBuol v. F. & M. R. Ry. Co., Ill 111., 504. 21. The measure of damages for land to be taken is its fair cash market value; Dupuis i?. Chi. & N. W. Ry. Co., 115 111., 99; C., E. & L. S. RR. Co. v. Cath. Bish., 119 111., 526. 22. Property sought to be condemned having a market value — not being devoted to a particular use — such market value is the measure of compensation; Chi, & X, VV. RR. Co. V. Chi. & E. RR. Co., 112 111., 604. 31 Eminent Domain. ‘23. I’roporty sought to bo comlomiuid liaviiig no market value — owing to its par- ticular use — its value must IxMletermined by the use to which it is a])plied; Chi. & X. vv. mi. Co. V. Chi. & K. mi. Co., ii‘2 in., oo4-8. 24. In sucli case, tlie value of neighboring land, difTerently used, may be shown as, feeblv, tending to show a value; Chi. & N. \V. RH. (’o. v. Chi. & E. RR. Co., 112 111., G08. 2d. No evidcmce of any actual ]>resent market value nor of sales of like property nearer; sales of ])rairie laud a mile distant will tend to show the value of prairie laud involved; C'onc. C. Asso. v. M. & N. W. RR. C’o., 121 111., 2()3. 20. Part of a lot sought to be taken; just com])ensation for the pait is its fair cash or market value when considered in its relation to and as part of the entire lot — not its value as a distinct piece of property; Chi. & E. RR. Co. v. Blake, 110 111., 105. 27. 4'he ascertainment of the just compensation to the owner, for the taking away of a part of his lot, necessarily, involves the consideration of the value of the whole property intact and the value of that part not taken after the proposed part shall have been taken; Bloomington v. Miller, 84 111., 021; Green v. Chicago, 97 111., 370. 28. It is not error to admit evidence tending to show the capabilities of property; it would be error to admit a plan of a contemplated structure to enhance value; Chi. & E. RR. Co. r. Blake, 110 111., 105. 29. The market value of land is not confined to any one particular use. The value for anv ]>uri)ose for which it mav be adapted may be proved; DeBuol v. F. & M. R. Ry. C’o., Ill 111., 505. 30. In determining the market value reference may be had both to its use and its cajjacity for other uses; C.. E. & L. S. RR. Co, v. C’ath. Bish. , 119 111., 520. 31. The owner of land is entitled to the highest price for which his laud can be sold for any pur))ose; Cone. Cem. Asso. o. M. & X. W. RR. Co., 121 111., 203. 32. Part of land taken, it having a greater value as connected with the whole than as a separate |)iece; damages are the fair cash value as a part of the whole; C., B. & X^. RR. C’o. t'. Bowman, 122 111., 598. 33. The present market value of land to be expropriated is the true basis of com- pensation. A jury may consider its adaptability to uses which enhance that value; Reed v. 0. & M. Ry. Co., 120 111., 49. 34. Ordinarily the question is the market value of the land to be taken. It is ]>roper to show value for any special use; but, probable profits to arise from a use of a part is too remote; DeBuol F. & M. R. Ry. C'o., Ill 111., 505. 35. Land to be taken having an intrinsic value because of its use; compensation is the value thereof for the use or purpose to which it is devoted; Dupuis i\ Chi. & X. W. By. Co., 115 111., 99. 30. Property liaving a special value, from any cause; such value belongs to the owner and he is entitled to be therefor paid; Johnson v. F. & M. R. Rv. Co., Ill 111., 419-20. 37. Compensation for land taken is to be estimated with reference to the u.ses for which it is suitable in its then condition; location, situation, quality and the business wants of the locality or reasonably to be expected in the near future being consid- ered: C’alu. R. Ry. Co. v. Moore, 124 111., 332. 38. In a proceeding to condemn for railroad uses the compensation is its value “ for anv purposes for which it was shown, by the evidence, to be available”, it is impro- per to instruct to confine its worth “as land, as it is at this time, as shown” etc.; Reed r. O. & M. Ry. Co., 120 111., 49. 39. Laud used for a particular purpose or the owner restricting the use he will per- mit, not binding on him by the nature of his tenure; he may recover its value, from its capacitv and adaptabilitv for other uses; C., E. & L. S. RR. Co v. Cath. Bish., 119 111., 5‘20. 40. Owner restricted, by statute or conveyance or in any binding way, to a i^articu- lar use of the land, so that he can not apply it to some other use, his compensation is the value to him for the special use; C., E. & L. S. RR. Co. r. Cath. Bish., 119 111., 520. 41. River lots available for dockage in future; if that fact enhances present value it is an element of damages; Calu. R. Ry. Co. v. Moore, 124 111., 332. 42. But, in such case if there is no present demand; value in futuro — as when it will be profitable to construct docks — is not an element of damages; Calu. R. Ry. Co. T. Moore, 124 111., 332. Eminent Domain. 4li. The physical condition of land over which railroad right of way is sought may be considered in determining damages; C., B. & N. Kli. Co. r;. Bowman, 122 111., 598. 44. An entire lot of laud condemned to public use; cost and inconvenience of busi- ness removal are elements of compensation; C., M. & St. P. Ry. Co. o. Hock, 118 III., 588. 45. Profits of a land owner in his business are not elements of land damage; DeBuol V. F. & M. R. Ry. Co., Ill 111., 505. 40. Damage to land not taken is estimated, only, on such elements as tend to reduce th ‘ market value which are appreciable and substantial and actually lessen such value; Kiernan v. C. , S. F. & C. Ry. Co., 123 111,, 192. 47. In assessing compensation the original cost of land may be considered; Brown V. Calu. R. Ry. Co., 125 111., 067. 48. Lands not taken depreciated, the damage is the difference in market value be- fore and after construction of the railroad — inconveniences actual or incidentally produced are considered; C., B. & N. RR. Co. o. Bowman, 122 111., 598. 49. Damages to laud not taken, but a part of that taken, are such damages as the land will sustain by the construction and continued operation of the railroad — all actual and appreciable injuries; C. , B. & N. RR. Co. v. Bowman, 122 111., 598. 50. Where land not taken is damaged, the compensation is the difference in value before and after the taking; Dupuis v. Chi. & N. W. Ry. Co., 115 111., 99; the diffe- rence of value — as a whole — before and after road is constructed according to the proposed plan; Wab. etc. Ry. Co., v. M’Dougall, 120 111., 116. 51. Damage to land not taken for railroad uses is not to be assessed on the basis of what the owner would take; Kiernan v. C., S. F, & C. Ry. Co., 123 111., 192. 52. Where property is damaged — not taken — the damage must be real, not specu- lative. If the property is not worth less in consequence of the construction of a rail- road in its vicinity, or upon a street on which lots abut, than if no road were con- structed, the owner will not be entitled to damages: Page v. Chi., M. & St. P. Rv. Co., 70 111., 324; Chi. & P. RR. Co. v. Francis, 70 111., 238. 53. The damages contemplated, to private property, by this section are such as are actual, real and present; Eberhart v. C. ,M. & St. P. Ry. Co., 70 111., 347. 54. In estimating the compensation to be paid for land taken for a public ]>ark, the location and situation of the land, at the time of the taking, may be considered, without regard to the possible increase of value in the future, by reason of prospective im- provements in the vicinity; S. P. Comm’rs r. Dunlevy, 91 111., 49. 55. The rule as to compensation and damage to land not taken under the law of eminent domain applies to the condemnation of land for a city street under the general incorporation act; Harwood «. Bloomington, 124 111., 49. 56. Special benefits to part of property may be considered in determining whether the whole has been damaged; Shawneetown Mason, 83 111., 337. 57. Damage is to be determined with reference to the special benefits, only, to the property not taken — general and public benefits or increase in value in common with other lands are not to be considered; Hyde Park Wash. Ice Co., 117 111., 234. 58. Benefits charged must arise from the improvement for which the real estate is taken; Weckler r. Chicago, 61 111., 142. 59. The damage done to one piece of land, through which a railroad is run, can not be compensated for by benefits accruing to another and separate piece of land through which it does not run, although belonging to the same i)erson: Todd v. Kank. & 111. RR. Co., 78 111., 530. 60. Where a person’s property is condemned for the opening of an alley, east and west through a block, he should not be charged for benefits he might derive by rea- son of the opening of an alley running north and south through the same block; Weckler Chicago, 61 III., 142. 61. If the value of a tract of land, having a special capacity as an entirety, will be depreciated and lessened by the taking of a strip, the owner is entitled to a sum equal to such depreciation in value; Hyde Park v. Wash. Ice Co., 117 111., 234. 62. If, by reason of the change of the grade of a street, private property shall be damaged, the recovery must be measured by the extent of the ]iecuniary loss. If it be benefited to the extent that it is damaged there can be no recoverv; Elgin v. Eaton, 83 111.. 435. 63. There can be no recovery for depreciation of value by effect merely upon the ap])earance of a house because of changes wholly external to the pi-emises — ashy raising a street’s grade; Springfield x. Griffith, 21 App., 93. Eminent Domain. G4. Injury rosulting to lots not taken for tlie purpose of widening a street, by mak ing lots on the enlarged street more attractive or desirable for business or residence purposes and, thus, diminishing the value of the former is too remote to form the basis of a n;covery; Hyde Park o. Dunham, 85 111., 569. 65. Petitioner to take land for railway uses has a right to rebut evidence given by res])ondent as to damage to land not taken; it is error to exclude the evidence; Sa. Fe & V. Ry. Co. v. Phelps. 125 111., 485. 66. \Vh(M-e one is allowed to testify to the value of his land for any and all pur- pose's it is not error to exclude testimony as to the value of the sepai-ate parts; De- Buol r. F. & M. R. Ry. (b.. Ill 111., 568. ‘ 67. In estimating damages to abutting property by reason of a street improvement benefits to the lot owner in excess of those inuring to the general public are to be considered; Geneva Peterson, 21 App., 457. 68. Claim for damages to land not taken; benefits, special or not common to other propertv, may be considered in estimating the damage; Harwood v. Bloomington, 124 111.; 49. 69. Benefits which are common to all property along the line of a railroad to be constructed can not be set off against compensation for value of property taken or damaged; Chi. &l E. RR. Co. v. Blake, 116 111., 165. 70. Special benefits to property claimed to be damaged — not taken — are evidence to show, to that extent, no damage; Cone. C. Asso. v. M. & N. W. RR. Co., 121 111., 203. 71. In assessing benefits to land by draining the fact that expense will be saved to the land owner, of bridging a slough, may be considered; Spear v. Drain. Comm’rs, 113 111., 636. 72. Action for damages by change of grade of sidewalk; instructions are defective which ignore special benefits; Elgin v. M’Callum, 23 App., 186. 73. Lessee holding an unexpired term is entitled to compensation for its value be- fore he can be deprived of the use; Schreiber v. Chi. & E. RR. Co., 115 111., 343. 74. Rights ac()uired by tenants and others after petition filed are subordinate to the rights of petitioner; such persons can not recover for improvements since made; ( ., E. & L. S. RR. Co. Cath. Bish., 119 111., 526. 572. Proceeding’s — parties.] § 2. That, in all cases where the right to take private proper!}^ for public use, without the owner’s con- sent, or the right to construct or maintain any public I’oad, railroad, plank road, turnpike road, canal or otiier public work or improvement, or which may damage property not actually taken, has been heretofore or shall hereafter be conferred by general law or special charter upon any corporate or municipal authority, public body, officer or agent, per- son, commissioner or corporation, and the compensation to be paid for or in respect of the property sought to be approjudated or damaged for the purposes above mentioned can not be agreed upon by the parties interested, or in case the owner of the propertv is incapable of con- senting, or his name or residence is unknown, or he is a non resident of the state, it shall be lawful for the party authorized to take or damage the property so required, or to construct, operate and maintain any pub- lic road, railroad, plank road, turnpike road, canal or other public work or improvement, to a]>ply to the judge of the circuit or county court, either in vacation or term time, where the said pro])erty or any part thereof is situate, by tiling with the clerk a petition, setting forth, by reference, his or their authority in the premises, the purpose for which said property is sought to be taken or damaged, a description of the property, the names of all persons interested therein as owners or other- wise, as appearing of record, if known, or if not known stating that fact, and praying such judge to cause the compensation to be paid to the owner to be assessed. If the proceedings seek to affect the proj)erty Eminent Domain. 257 of persons under guardiansliip, the guardians, or conservators of per- sons having conservators, shall l>e made parties defendant, and if of married women their husbands shall, also, be made parties. Persons in- terested, whose names are unknown, may be made parties defendant by the description of the unknown owners; but, in all such cases an affidavit shall be hied, by or on behalf of the petitioner, setting forth that the names of such persons are unknown, in cases where the pro- perty is sought to be taken or damaged by the state, for the purpose of establishing, operating or maintaining any state house or state charitable or other state institutions or improvements, the petition shall be signed by the governor or such other person as he shall direct, or as shall be provided by law. 1. See § 587, as to lands of state institutions. 2. Where no portion of an owner’s land is taken or sought to be condemned for use, such owner is not entitled to have proceedings instituted to ascertain what — if any — damages his property will sustain by the construction and operation of a rail- way upon other land adjacent to his. In such case the owner will be left to his action at law, to recover compensation for any actual damage he may sustain; P. & R. I. Ry. Co. 0 . Schertz, 84 111., 135; Stetson k Chi. & E. RR. (’o.. 75 111., 74. 3. Private property can be condemned to public use, by a municipal corporation, only for some purpose specifically named in the law and within the proper scope and meaning of the delegated authority; E. St. L. v. St. John, 47 111., 403. 4. In a proceeding to condemn land for railroad uses, it is sufficient that the peti- tioner is a corporate body, de facto; M’Auley C., C. & I. Co. Ry. Co., 83 111., 348. 5. Evidence that a corporation seeking to condemn land is such de facto is for the court — not for the jury to assess compensation; Henry t). Cent. & C. RR. Co., 121 111., 266. 573. Petition in vacation.] § 3. If siicli petition be presented to a judge in vacation, the judge shall note thereon the day of pre- sentation and sliall, also, note thereon the day when he will hear the same, and shall order the issuance of summons to each resident de- fendant, and the publication of notice as to each non resident defen- dant, and the clerk of the court shall, at once, issue the summons and give the notices accordingly. 1. When the petition is filed in vacation the whole proceeding should be regarded as a proceeding in vacation — non obstante an intervening term — unless the parties agree to accept the regular jury; Haslam r. Gal. & S. W. RR. Co., 64 111., 353. 574. Service — notice.] § d. Service of such summons and publi- cation of such notice sliall be made as in, cases in chancery. 575. Hearing.] § 5. Causes may be heard by such judges in vaca- tion as well as in term time, Imt no cause shall be heard earlier than ten days after service upon defendant or upon due publication against non residents. Several tracts.] Any number of separate parcels of property, situate in the same county, may be included in one petition, and the compensation for each shall be assessed separately, by the same or dif- ferent juries, as the court or judge may direct. Amendments.] Amendments to the petition, or to any paper or record in the cause, may be permitted whenever necessary to a fair trial and final determination of the questions involved. 33 ,?f)8 Hminext Domain". New parties — practice.] Should it become necessary, at any stage of the [)rocec(litigs, to Iji’ing a new party beloi’e the court or judge, the court or judge sliall have the ])ower to make such rule or order in rela- tion thereto as may he deemed reasonable and proper; and shall, also, have })ower to make all necessary rules and orders for notice to parties of the pendency of the proceeding, and to issue all ]>rocess necessary to the execution of orders and judgments as may be entered. 1 . See not(‘s to ^ 572 . 2. Courts have a right to determine whether the proposed use of private property sought to be expro])riated is or is not, in its nature, put)lic. If such use be public the judiciary can not inquire into the necessity or propriety of the exercise of the right of eminent domain; C. , R, I. & P. Ry. Co. v. Lake, 71 111., 883. 8. The value of the laud at the time of condemnation is to be considered in assess- ing damages; C’ook v. S. P. Comm., 01 111 , 115. 4. The compensation for property damaged — as well as taken — when not damaged bv the state, must be ascertained bv a jury; Kine d. Defeubaugh, 04 111., 291; People M-Roberts, 02 111., 88. ‘ i 576. Jury in vacation.] § b. In cases fixed for hearing of petition in vacation, it shall be the duty of the clerk of the court in whose office the petition is tiled, at the time of issuing summons or making publi- cation, to write the names of each of sixty-four disinterested free- holders of tlie county, on sixty-four slips of paper, and, in presence of two disinterested freeholders, cause to be selected from said sixty-four names twelve of said persons to serve as jurors — such selection to be made by lot and without choice or discrimination ; and the said clerk shall thereupon issue venire, directed to the sheriff of his county, com- manding him to summon the twelve persons so selected as jurors to appear at the court liouse in said county, at the time to be named in the venire. 577. Impaneling jury.] §7. The petitioner, and every party inter- ested in the ascertaining of compensation, shall have the same right of challenge of jurors as in other civil cases in the circuit courts. If the panel be not full by reason of non attendance, or be exhausted by chal- lenges, the judge hearing such petition shall designate by name the necessary number of persons, of proper qualification, and the clerk or justice shall issue another venire, returnable instanter, and until the jury be full. 1. If the jurors are unfairly selected, by tbe clerk, tbe party whose property is to be condemned may, properly, challenge the array; Ilaslam i\ Gal. & S. W. RR. Co., fU 111., 353. 578. Oath of jury. ] § 8 . When the jury shall have been so selected, the court shall cause the following oath to be administered to said juiw: You and each of 'vou do solemnly swear that you will well and truly ascertain and report just compensation to the owner (and each owner) of the ]>ro])erty which it is sought to take or damage in this case, and to each ])erson tlu'riun interested, according to the facts in the case, as the same may be made to appear by the evidence and that yoi; will truly report such compensation so ascertained; so help you God. 579- View of premises — verdict.] §9. Said jury shall, at the request of either party, go upon the land sought to be taken or damaged, in person, and examine the same, and after hearing the proof oifeicd. Eminent Domain. 25 !) make their report in writing, and the same shall be subject to amend- ment by the jury, under the direction of the court or the judge, as the case may be, so as to clearly set forth and show the compensation ascer- tained to each person thereto entitled, and the said verdict shall there- upon be recorded : Provided, that no benefits or advantages which may accrue to lands or property affected shall be set off against or deducted from such compensation, in any case. 1. A jury is not obliged to accept a witness’ testimony as to value; it may act on its view of the premises; Kiernan v. C., S. F. & C. Ry. Co!, 123 111., 192. 2. Result of a jury’s personal view of the land over which a railroad is sought to be laid is evidence to be acted on to fix value; Kiernan v. C., S. F. & C. Ry. Co., 123 111., 192. 3. One who takes a change of venue to another county, can not be heard to com- plain of a loss of result from an omission of the jurors’ view of the premises; Rockf., R. I. etc. RR. Co. v. Coppinger, 66 111., 510. 580. Judgment — payment.] §10. The judge or court shall, upon such report, proceed to adjudge and make such order as to right and justice shall pertain, ordering that petitioner enter upon such property and the use of the same, upon payment of full compensation, as ascer- tained as aforesaid ; and such order, with evidence of such payment, shall constitute complete justification of the taking of such property. 1. Land owner is not presumed to consent to any thing — the proceeding is in in- vitum — one who seeks to divest a title has the burden to show verdict and judgment to that effect and is responsible for anv mistakes in the proceeding; Un. M. L. Ins. Co. t). Slee, 123 111., 84. 2. Separate tracts of land being alleged in the petition to belong to separate owners respectivelv, the verdict must find the compensation due each owner; Stiver v. C., S. F. & C. Ry! Co., 123 111., 296. 3. A condition precedent to taking possession of land taken for public uses is the ])ayment or tender or deposit with county treasurer of the compensation awarded; Phillips ». S. Park Comm’rs, 119 111., 631. 4. A railway company has no right to take possession of land for right of vvay until the damages are assessed and paid; if it does so' — the owner not consenting — eject- ment or trespass or both lie; C., St. L. A W. RR. Co. v. Gates, 120 111., 89. 5. There can be no entry upon or possession of land, for public use; until the com- pensation for laud damaged is paid (see § 5 § 3 ); People «. M’Roberts, 62 III., 38; the remedy is mandamus; Cook t;. S. P. Comui’rs, 61 111., 23; People v. Williams, 51 111., 63. 6. I'he judgment is conditional, depending on the payment of the damages awarded. ’Fhe party seeking the condemnation acquires no vested right until such payment is made or the sum deposited (see ^ 583). The rights of the parties are reciprocal — wherefore, the land owner has no vested right in the damages found by the jury until the same are paid or deposited. Aliter if the property be taken oj’ damaged, by the owner’s consent, before compensation is made. In such case there will vest, in such owner, a right to the compensation, when ascertained; Chicago v. Barbian, 80 111., 482; Beveridge v. W. Chi. P. (’omm’rs, 7 App. , 460. 7. It is irregular and erroneous to render an unconditional judgment for the pay- ment of the compensation and damages found by the jury. The order should merely fix the sum to be paid before taking the property sought to be condemned, leaving ]>etitioner — in this case a city — free to abandon the improvement, if it so chooses; llloomington v. Miller, 84 111., 621. 8. Compensation awarded must be paid to the person thereto entitled or to county treasurer; M’Cormick v. W. Chi. P. Comm’rs, 112111., 658. 9. Where a person entitled to condemnation money is a non resident or unknown the money should be paid in to the county treasurer for the use of such person; S. P. Comm’rs v. Todd, 112 111., 382. 10. Property of a mortgagor condemned; mortgagee is entitled first to be paid his debt, the mortgagor takes the surplus; S. P. Comm’rs v. Todd, 112 111., 382. Eminent Domain. 11. It is error tf) order the amount awarded as (•ompensation to be paid in to court to await det('rminatiou as to vv'ho is entitled to receive it; M’Corniick v. W. (.'hi, P. Comm’rs, lib 111., Cob. 12. In a proceeding to condemn land, where tlie bare ownersliip is in one person and a creditor of such juirsou has attached the land and obtained a judgment in the attach- ment proceeding, a j)ayment of the money awarded, in the proceeding to condemn, to such creditor — not exceeding the amount of his judgment — will be a payment to the party interested, within this statute; C., B. & C^. RK. Co. t. Chamberlain, 84 111., Id. When, in the exercise of the right of eminent domain, private property is taken for i)ublic use, condemnation of the i)ropertv affected and the damages assessed and accepted by the owner of the property, the title of the owner, thereby becomes di- vested; Rees V. Chicago, db 111., d22. 14. Land having been condemned, if the condition of the judgment be not com- plied with within a reasonable time, by the payment of the damages awarded and taking possession of the property, the proceedings will be regarded as abandoned. Equity will enjoin any attempt further to proceed; Chicago v. Barbian, 80 111., 482, 15. The statute makes no provision for the giving, by the lot owner, or acceptance, by a city of a deed of the property sought to be condemned. Municipal officers have no right to accept such a deed. Such acceptance of a deed will not authorize a lot owner to bring suit for the compensation awarded; Chicago v. Shepard, 4 App., 602. 581. Cross petition.] § 11 . Any person not made a party may be- come such l)y filing liis cross petition, setting forth that he is the owner or has an interest in property and which will be taken or damaged by the proposed work ; and the rights of such last named petitioner shall thereupon he fully considered and determined. 1. A cross petition is an appropriate mode of bringing before the court, property of defendant taken or damaged and not described in the petition; Johnson v. F. & M. R. Ry. Co., Ill 111., 41 T. 2. A petition to expropriate lands for a public use need not describe property which is not sought to be taken or damaged. If other property than that described is brought in, by cross petition, it is incumbent on the party, thus, bringing it in, to show — in the first instance -- that it is taken or damaged and petitioner is entitled to rebut, by evidence; Hyde Park v. Dunham, 85 111,, 569. 3. When a party seeking condemnation has not embraced all of the owner’s con- tiguous lands damaged, but not actually taken, such owner may file a cross petition to have the damages to such other lauds assessed. Even, in that case the damages must be direct and physical and must result from the taking of a portion of his land; Stetson V. Chi. & E. RR. Co., 75 111,, 74. 4. Where it is sought to condemn a part of a lot — in this case for a city street — damages as to a part not sought to be taken may be allowed without a cross petition; Bloomington v. Miller, 84 111., 621. 582. Appeal.] § 12. In all cases, in either the circuit or county court, or before a circuit or county judge, an ap))eal shall lie to the supreme court. 583. Bond — use of premises.] g 13 . In cases in which compen- sation shall l)e ascertained, as aforesaid, if the party in whose favor the same is ascertained shall appeal such proceeding, the petitioner shall, notwithstanding, have the right to enter upon the use of the property upon entering into bond, with sufficient suret}^, payable to the party interested in such compensation, conditioned for the payment of such compensation as may he finally adjudged in the case, and in case of appeal by petitioner, petitioner shall enter into like bond with approved surety. Said bonds shall he approved by the judge before whom such proceeding shall he liad, and executed and filed within such time as shall he fixed by said judge. Evidence. 261 1. It is error of trial court to refuse petitioner for condemnation of land to public uses an order authorizing entry on the land ]>ending appeal from an assessment of compensation, on his compliance with this statute; C., Sa. Fe & C. Ry. Co. v. Phelps, 125 111., 485. 584 . Payment to county treasurer etc.] § 14. Payment of com- pensation adjudged may, in all cases, be made to the county treasurer, wiio shall, on demand, pay the same to the party thereto entitled, tak- ing receipt therefor, or payment may be made to the party entitled, his, her or their conservator or guardian. 585 . Judgment entered.] § 15. The court or judge shall cause the verdict of the jury and the judgment of the court to be entered upon the records of said court. * 586 . Repeals.] § 16. All laws and parts of laws in conflict with the provisions of this act are hereby repealed : Provided, that this act shall not be construed to repeal any law or part of law upon the same sub- ject passed by this general assembly; but, in all such cases this act shall be construed as providing a cumulative remedy. An act for the further protectioiji of the state institutions. [Approved and in force March 9, 1867. L. 1867, p. 165. 587 . Lands of state institutions not taken.] § 1 . Be it enacted hy the people of the state of Illinois^ represented in the general assem- bly^ That, no part of any land heretofore or hereafter conveyed to the state of Illinois, for the use of any benevolent institution of the state (or to any such institutions), shall be entered upon, appropriated or used by any railroad or other company for railroad or other purposes, without the previous consent of the general assembly; and, no court or other tribunal shall have or entertain jurisdiction of any proceeding instituted or to be instituted for the purpose of appropriating anj^ such land for any of the purposes aforesaid, without such previous consent. 1. All grants made by the state, whether to the canal trustees or others, although revocable, are subject to the exercise of the right of eminent domain; unless that right is expressly relinquished; Trustees etc. «. C. R. I. RR. Co., 14-111., 314. 11. EVIDENCE. Section. Section. 588. Records, etc., of cities, etc. — how 590. Sworn copies. certified. 591. Penalty. 589. Form of certificate. An act in regard to evidence and depositions in civil cases. [Approved March 29, 1872. In force July 1 , 1872; R. S., 1874, ch. 51. 588 . 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. 589 . 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. 590 * Sworn copies.] § 18. Any such papers, entries, records and ordinances, may be proved by copies examined and sworu to by credible witnesses. Ferkiks and Bridges. 262 591. Penalty.] § 10. If any such officer, clerk, secretary, cashier, justice of the peace, or other ])erson autliorized to certify copies of any ])apers, entries, records or ordinances, shall knowingly make a false cer- tificate, he shall be punisliable in the same manner as if he were guilty of })er jury. ^ 1. The law, in respect of perjury, is(R. S., 1874, ch. 38, div. 1,) as follows; “ §225. Every person having taken a lawful oath or made affirmation, in any judicial proceed- ing or in any other matter where, by law, an oath or affirmation is required, who shall swear or affirm wilfully, corruptly and falsely in a matter material to the issue or point in (luestion. . . .shall be deemed guilty of perjury and shall be imprisoned in the i)enitentiary not less than one year nor more than fourteen years” 12. FERRIES AND BRIDGES. Section. Section. 592 Jjicense and regulate ferries, 593a. Municipal control. 593. Cities and villages may censtruct etc. 594. Control by city etc. ferries and bridges. 595. Penalty for fast driving etc. All act to enable cities and villages, incorporated under any general or special law of this state, to acquire by purchase, lease or gift, estab- lish, maintain, license and regulate ferries, bridges, the approaches thereto and tolls thereon. [Approved May 22, 1877. In force July 1, 1877. L. 1877, p. 61. 592. License and regulate.] §1. Beitenaetedhy thepeople of the state of Illinois, represented in the general assemhlg. That it shall be lawful for the corporate authorities of any city or village, now or here- after incorporated under any special or general law of this state, to ac- quire by purchase, lease or gift, and maintain, license and regulate ferries and bridges, so acquired, and the approaches thereto, not exceeding four acres of land for each ferry or bridge, within the corporate limits or within five miles of the corporate limits thereof, and from time to time fix the tolls thereon. 1. A ferry franchise is a right conferred to land at a particular point and receive toll for the transportation of passengers and property, from that point, across a stream. The exercise of such a franchise divests no right or privilege which any citizen before that time enjoyed freely and without interruption to navigate the stream. This right of navigation, however, cannot be construed as conferring on the citizens the right to appropriate the banks or landings of a river to themselves or to receive toll for transporting passengers or property from point to point; Mills v. St. Clair Co. , 2 Gilm., 197. 2. Ferries are publici juris and caiube granted only by the sovereign power. Ripa- rian owners are not, by virtue of their ownership, entitled to the ferry franchise; Trustees etc. v. Tatman, 13 111., 27; Mills Co. Com ms , 3 Scam., 53. 3. One who accepts a ferry franchise assumes an obligation to the public to provide necessary boats and machinery to transport property and persons. He is bound to provide safe and pi’oper facilities for the prompt and speedy accommodation of the public; in consideration of which the law gives him the exclusive right to toll from all persons who may use his ferry: Golcouda c. Field, 108 111., 422. 4. The creation of a rival ferry is an invasion of a grant of a i>rior franchise. An invasion of such a right is a nuisance and the party aggrieved will have a remedy at law, in an action on the case, for the disturbance. In modern ])ractice resort may be had to a court of equitv to stav the injurious interference; Golconda r. Field, 108 111., 422. 5. A private statute, granting a ferry franchise, provided that a city, in which it was located, shall “have the right to regulate and control the rates of toll.” This implies that the rates shall be reasonable; Kohn v. Beardstown, 32 HI. App., 408. An act to enable cities and villages to build, acquire and maintain bridges and ferries outside of their corporate limits and to control the same; also to construct, improve and maintain roads outside of Ferries and Bridges. their corporate limits. [Approved and in force iVIay 5, 1879, as amend- ed May 25, 1881, and as amended June 16, 1891, L. 1891, p. 73. 593- Cities and villages may construct etc. ferries and bridges.] § 1. That, it shall be lawful for any city or village within this state to build or acquire by purchase, lease or gift, and to maintain ferries and bridges and the approaches there to, for each ferry or bridge within the cor- j)orate limits, or at any point within live (5) miles of the corporate limits of suchcity or village; also to construct, improve or maintain roadswithin five (5) miles of the corporate limits of such city or village,connecting with said bridges and ferries on either side thereof. That all such ferries and bridges shall be free to the public, and no toll shall ever be collected by any such city or village authority : Provided, that where any city or village has become or is the owner of any toll bridges or ferries, and is keeping up and maintaining the same by authority of law, all ownership and rights vested in such city or village shall continue in, and l)e held and exercised by them, and they may, from time to time, fix the rates of toll on such bridges and ferries: And provided, further, that in all cases where a bridge shall hereafter be built or a ferry acquired across a navi- gable stream by any city or village, in whole or in part, where the popu- lation of such city or village furnishing the principal part of the ex- penses thereof shall not exceed five thousand (5,000) inhabitants, and where it is necessary to maintain a draw and lights, and a debt shall be incurred by such city or village for such ])urpose, then a reasonable toll may be collected by the city or village contracting such indebtedness, to be set apart and appropriated to the payment of such indebtedness, inte- rest thereon and the expenses of keeping such bridge in I'epair, and of maintaining, opening and closing the proper draws therefor, and lights ; or in case of a ferry, of keeping the appi'oaches and boat in repair and operating the same. 593a. Municipal control.] § 2. Every l)ridge or ferry so owned or controlled by such city or village and the approaches thereto, when outside the corporate limits, shall be subject to the municij^al control and ordinances of such city or village, the same to all intents and pur- poses and in effect as though such bridge or feriw and the auproaches thereto were situated within the corporate limits of such city or village and, in such case, the county may assist in the construction of saiublic interest, subject, only, to the easement of naviga- tion; Chicago'?;. M’diun, 51 111., 266. 2. Under the general incorporation law, cities and villages, have the control of and power to construct bridges and to regulate their use (see g 65 , cl. 28, ante); M’Cart- ney v. (’hi. & E. HR. Co., 112 111., 665. 3. The duty of a municipal corporation is to keep and maintain bridges within its limits in a reasonable safe condition. It is not required so to construct its bridges that accidents shall be impossible to persons using them; (iaviu v. Chicago, 97 111., 66; Marseilles i\ Howland, 124 111., 551. 4. A village, by suffering a bridge to be used by the public without seeing that it is safe, is liable for resulting injury; Marseilles v. Howland, 124 111., 552. 5. A drawbridge being open on a dark and rainy night on a great thoroughfare, without barrier or guards to prevent persons from walking or driving from the abut- ments and falling in to the water way and being without proper lights, the city will be liable for resulting injury; Chicago i\ Wright, 68 111., 586. An act to regulate the maimer of travel upon bridges, the whole or a part of which are owned or controlled by cities, villages and towns of this state, and to provide for the enforcing of the same. Ap- proved and in force May 13, 1879. L. 1879, p. 75. 595. Penalty for fast driving etc.] § 1. Beit enacted h>j the people of the state of Illinois^ represented in the genercd assembly. That, who- ever shall ride or drive faster than a walk, over any bridge in this state, owned or controlled, either the whole or a part thereof, by any city, vil- lage or town of this state, shall, for each otfense, be fined in a sum not exceeding ten dollars nor less than one dollar: Provided, that a notice shall be posted on such bridge, warning against riding or driving on such bridge faster than a walk ; such fine to be recovered, with costs, before any justice of the peace or police magistrate of the county where the offense is committed, upon sworn complaint in writing, upon which a warrant for the arrest of the offender shall issue, and it shall be the duty of every constable of the county, and every marshal, po- liceman and police constable, and all other officers of such city, village or town, owning or controlling the whole or in part such bridge, having the power to make arrests, whenever aforesaid offense is committed in the view’ of such officer or officers, to forthwith take in custody the person or persons so committing aforesaid offense, and bring him or them be- fore any justice of the peace or police magistrate of the comity, to be dealt wdth according to law, and such officer so taking in custody such offender, or any officer of such city, village or town, owning or conti*ol- ling the whole or a part of such bridge wdiere such offense is committed, Fire Escapes. 2G5 may make complaint upon which the warrant shall issue against the of- fender. All fines collected under this act shall be paid in to the common school fund of the county. Whereas, the law is inadequate for the protection of bridges which are owned or controlled, the whole or part thereof, by cities, villages and towns of this state, therefore an emer- gency exists, and this act shall take effect from and after its passage. 13. FIRE ESCAPES. Section. Section. 596. Fire escapes to be affixed to certain 599. Owner failing to erect on notice — buildings. penalty. 597. On buildings hereafter erected. 600. Application of fines. 598. Owner may be compelled to erect — procedure. An act relating to fire escapes for buildings. [Approved June 29, 1885. In force July 1, 1885. L., 1885, p. 201. 596. Fire escapes to be affixed to certain buildings.] § 1. Be it enacted by the people of the state of Illinois^ represented in the gene- ral assembly, That, within six (6) months next after the passage of this act, all buildings in this state which are four or more stories in height, excepting such as are used for private residences exclusively, but in- cluding flats and apartment buildings, shall be provided with one or more metallic ladder or stair fire escapes attached to the outer walls thereof and extending from, or suitably near the ground, to the upper- most story thereof, and provided with platforms of such form and di- mensions, and in such proximity to one or more windows of each stoiy above the first, as to render access to such ladder or stairs from each such story, easy and safe; the number, location, material and construc- tion of such escapes to be subject to the approval of the board of su- pervisors in counties under township organization, and the board of county commissioners in counties not under township organization ; ex- cept in villages, towns and cities organized under any general or special law of this state, such approval shall be had by the corporate authori- ties of such villages, towns and cities: Provided, however, that all build- ings, more than two stories in height, used for manufacturing purposes or for hotels, dormitories, schools, seminaries, hospitals or asylums, shall have, at least, one such fire escape for every fifty (50) persons for which, working, sleeping or living accommodations are provided above the second stories of said buildings ; and, that, all public halls, which pro- vide seating room above the first or ground story, shall be provided with such numbers of said ladder or stair fire escapes as the boards of supervisors or commissioners or corporate authorities aforesaid may di- rect. 597. On buildings hereafter erected.] § 2. All buildings of the numbers of stories and used for the purposes set forth in section one (1) of this act, which shall be hereafter erected within tliis state, shall upon or before their completion, each be provided with Are escapes of 34 Horse and Dummy Railroads. the kind and number, and in the manner set forth in said section one (1) of this act. 598. Owner may be compelled to erect — procedure.] §3. After the expiration of six (6) months next after the passage of iliis act, the boards of sn])L'rvisors and coirimissioners, and in villages, towns and cities, the corporate authorities thereof, as aforesaid, may, at any time, direct the sheriff of their respective comities to serve a written notice in behalf of the people of the state of Illinois, upon the owner or owners, trustees, lessee, or occupant of any building within their county, not provided with hre escapes in accordance with the require- ments of this act, commanding such owners, trustees, lessee oi* occupant, or either of them, to place or cause to be placed upon such building such fire escape or escapes within thirty (30) days after the service of such notice. And the grand juries of the several counties of this state may, also, during any term, visit or hear testimony relating to any building or buildings within their respective counties, for the purpose of ascertain- ing whether it or they are provided with fire escajies in accordance with the requirements of this act, and submit the result of their inquiry, to- gether with any recommendations the}^ may desire to make, to the circuit court, except in Cook county, and to the criminal court of Cook county, and said court may thereupon, if it find from the report of said grand jury that said building or buildings is or are not provided with a fire escape or escapes in accordance with this act, cause the sheriff to serve a notice or notices upon the owner, trustees, lessee, or occupant of such building or buildings. 599. Owner failing to erect on notice — penalty.] § 4 . Any such owner or owners, trustees, lessee or occupant, or either of them, so served with notice as aforesaid, who shall not within thirty (30j days after the service of such notice upon him or them, place or cause to be placed such fire escape or escapes upon such building as required by this act and the terms of such notice, shall be subject to a tine of not less than twenty-five (25) or more than two hundred (200) dollars, and to a further fine of fifty (50) dollars for each additional week of neglect to comply with such notice. 600. Application of fines.] § 5. All the money or moneys, collected as fines under and by virtue of this act, shall be paid in to or placed to the credit of the common school fund of the counties in which they are collected. 14. HORSE AND DUMMY RAILROADS. Section. Section. 601. Eminent domain. 603. Location of road — consent — notice 602. Compensation for property taken or — damages. damaged. 604. Control of street reserved — police powers. An act in regard to horse and dummy railroads. [Approved Marco 19, 1874 . In force July 1 , 1874. R. S., 1874, ch. (10. Horse and Dummy Railroads. 207 1. This statute does not provide for the iucorporatiou of horse and dummy railroads. It merely extends the provisions of the act to such companies as had been or might, thereafter, be incorporated under the general law of the state. Dubitatur whether the general railroad law applies to such a company; but, the incorporation thereof is provided for by the general law as to corporations; Wiggins F. Co. r. E. St. L. U. Ry. Co., 107 111., 454. 2. The statute of 1874 repealed the requirement, of the general city incorporation law, as to the petition of adjoining property owners to the grant of a right to lay tracks (see § 603 ); Hunt v. Chi. H. & D. Ry. Co., 20 App., 282. 601. Eminent domain.] § 1. JJe it enacted by the people of the state of Illinois^ represented in the general assembly ^ 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 horse or dummy railroad or tramway, may enter upon and appropriate any property necessary for the construction, maintenance and operation of its road, and all necessary siding, side tracks, and appurtenances, and may, subject to the provisions contained in this act, locate and construct its road upon or 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 inter- rupt the navigation of such waters. 1. The right of a corporation to condemn — expropriate — property for the con- struction, operation and maintenance of a horse or dummy railroad, in a city, is derived, solely, from the state law. The consent of the civic authorities to the con- struction of such a railroad is not a condition precedent to proceedings to condemn. Such consent can be obtained as well after as before condemnation. If such consent be given it is, but, a mere license — revocable at any time before acted on; Metrop. C. Ry. Co. V. Chi. W. D. Ry. Co., 87 111., 317. 2. By a very liberal construction of the statute and of the statute in regard to the exercise of the right of eminent domain, it may be that a newly organized horse rail- way company may procure the condemnation of the entire road of a similar company, previously incorporated, and appropriate it to its own use — on paying just compensa' tion; Centr. C. Ry. Co. v. Ft. Clark Ry. Co., 81 111., 523. 3. One railroad company is entitled to have condemnation, for its right of way, across the right of way of a previously constructed railroad. The company whose right of way is condemned is entitled to full compensation for all damages it may sustain in consequence thereof; St. L., J. & C. RR. Co. v. S. & X. W. RR. Co., 9*6 III., 274; Metrop. C. Ry. Co. v. Chi. W. D. Ry. Co., 87 111., 317. 4. One horse railway has no right, by proceedings under the law of eminent do- main, to take for its joint use a part of a previously constructed railway of a company, already in successful operation, so as to render the fragments of the existing road not taken unproductive and cause the franchise of such company to be of but little value. Equitv courts will restrain such a proceeding; Centr. C. Rv. Co. v. Ft. Clark Ry. Co., 81 111., 523. 602. Compensation for property taken or damaged.] § 2. When it is necessary for the construction, nminteiiance 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 com- pensation 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. 1. See Additional Laws — Eminent Domain. , 2. “Property”, in its broadest and most comprehensive sense, includes all rights and interests in real and personal estate; also, in easements, franchises and incor- poreal hereditaments; Metrop. C. Ry. v.o. v. C. \V. D. Ry. Co., 87 111., 317. 2G8 TTohse and Di mmy Kaiijioads. 603 . Location of road — consent — notice— damages.] § 3. No such company shall have the right to locate or construct its road upon or along any street or alley, or over any public ground in any in- corporated 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 without any incorporated city, town or village, except upon the consent of the county board. Such consent may be granted for any period, not longer than twenty years, on the petition of the company, upon such terms and conditions, not inconsistent with the ])rovisions of this act, as such corporate authori- ties 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 been first given by publication in some news- paper published in the city or county where such road is to be con- structed, 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 con- structed, which they may sustain by reason of the location or construc- tion of the road ; the same to be ascertained and paid in the manner provided by law for the exercise of the right of eminent domain. 604. Control of streets reserved — police power.] § 4. Every grant to any such cornjiany of a right to use any sti’eet, alley, road, highway or public ground, shall be subject to the 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 con- cerning the management and operation of such railroad, whether such right is reserved in the grant or not. Hospitals. 14a. HOSPITALS. Section. Section. G04a. Contribution to support— condition. 604g. Powers— organization— secretary. 604b. Cities of 100,000 establish — taxa- 604h. Beneficiaries — rules, etc. tion, limit of. 604i. Patients paying — collection and 604c. Establishment — procedure — elec- payment over, tion as to tax. 604 j. Quarantine regulations. 604d. Directors, appointment of. 604k. Donations — title vest in special 604e. Directors’ terms of office — removal. trust. 604f. Vacancy in office — filled how. 6041. Physicians treating. An act to enable cities and counties in this state to contribute towards the support of non-sectarian public hospitals located within their re- spective limits. [Approved May 23, 1889. L. 1889, p. 167. 6o4a. Contribution to support — condition.] § 1. Be it enacted hy the People of the state of Illinois^ represented in the general assembly: That it shall be lawful for any county or any city of this state to contribute such sum or sums of money towards the support of any non- sectarian public hospital for the sick or infirm, located within its limits, as the county board of the count}", or city council of the city, shall deem discreet and proper. An act to enable cities to establish and maintain public hospitals. [Approved June 17, 1891. L. 1891, p. 142. 6o4b. Cities of ioo,ooo establish — taxation, limit of.] § 1. Be it enacted hy the people of the state of Illinois^ represented in the general assembly : That the city council of each incorporated city of this state, having a population of less than one hundred thousand, (100,000) inhab- itants shall have the power to establish and maintain a non-sectarian public hospital for the use and benefit of the inhabitants of such city and any person falling sick, or being injured or maimed, within its lim- its, and may levy a tax, not to exceed two mills on the dollar, annually on all the taxable property of the city, such tax to be levied and eol- lected in like manner with the general taxes of the said city, and to be known as the “ hospital fund.” 6o4c. Establishment, procedure — election, as to tax.] § 2. When one hundred legal voters of any such incorporated city shall pre- sent a petition to the city council of such city, asking that an annual tax may be levied for the establishment and maintenance of a public hospital in such city, and shall specify in their petition a rate of taxa- tion not to exceed two mills on the dollar, such city council shall instruct the city clerk to and such city clerk shall, in the next legal notice of the regular annual election in such city, give notice that at such election Hospitals. every elector may vote ‘Hor a mill tax for a public hospital, ” or “against a mill tax for a public hospital,” specifying in such notice the rate of taxation mentioned in said petition; and if the majority of all the votes cast in such city shall be “for the tax for a public hospital,” the tax specified in such notice shall be levied and collected in like manner with other general taxes of said city, and shall be known as the “ hospital fund,” and thereafter, the city council of such city shall include and appropriate in the annual ap|)ropriation bill such sum or sums of money as may be deemed necessary to defray all necessary ex])cnses and liabilities of such hospital. 6o4d. Directors, appointment of.] § 3. When any such city council shall have decided to establish and maintain a public hospital, under this act, the mayor of such city shall, with tiie approval ^of the city council, proceed to appoint a board of three directors, one of whom may be a woman, for the same, chosen from the citizens at large, with reference to their fitness foi’ such office. 6o4e. Directors’ terms of office — removal.] § 4. Said directors shall hold office one-third for one year, one-third for two years and one- third for three years from the first of Julv following their appointment, and at their first regular meeting shall cast lots for their respective terms; and [innuallv thereaftei- the mayor shall, before the first of July each year, appoint as before one director to take the place of the retiring director, wlio shall hold office for three years, and uritfl his successor is ajipointed. The mayor may, by and with the consent of the city coun- cil, remove any directoi- foi’ misconduct or neglect of duty. 6o4f. Vacancy in office — filled how.] § 5. Vacancies in the board of directors occasioned by removals, resignation or otherwise, shall be reported to the city council and be filled in like manner as original apjiointments, and no director shall receive compensation as such and shall not be interested, either directly or indirectly, in the purchase or sale of any suiiplies for said hospital. 6o4g. Powers — organization — secretary.] § 6 . Said direc- tors shall, immediately after appointment, meet and organize by the election of one of their number president, and one as .secretary and by the election of such other officer as they may deem necessary. They shall make and adopt such by laws, rules and regulations for their own guidance and for the government of the hospital as may be expedient, not inconsistent with this act and the ordinances of said city. They shall have the exclusive control of the expenditures of all moneys col- lected to the credit of the “hospital fund,” and of the construction c)f Hospitals. 2f.8c any hospital building, and of the supervision, care and custody of the grounds, rooms or buildings constructed, leased or set apart for that purpose : Provided that all moneys received for such hospital shall be deposited in the treasury of said city to the credit of the “ hospital fund,” and drawn upon by the proper officers of said city upon the })roperly authenticated vouchers of the hospital board. Said board shall have the power to purchase or lease ground to occupy, lease or erect an appropriate building or buildings for the use of said hospital ; shall have power to appoint a suitable superintendent or matron, or both, and neces.sary assistants, and fix their compensation, and shall also have power to remove such appointees; and shall, in general, carry out tlie spirit and intent of this act in establishing and maintaining a public hospital, and one or all of said directors shall visit and examine said hospital at least twice each month and make monthly reports of its con- dition to the city council. 6o4h. Beneficiaries — rules, etc.] §7. Every hospital established under this act shall be for the benefit of the inhabitants of such city and any person falling sick or being injured or maimed within its lim- its ; but every such inhabitant or person who is not a pauper shall pay, to such board or such officer as it shall designate for such city, such reasonable compensation for occupancy, nursing, care, medicines or at- tendance, according to the rules and regulations prescribed by said board ; such hospital always being subject to such reasonable rules and regulations as said board may adopt in order to render the use of said hospital of the greatest benefit to the greatest number ; and said board may exclude from the use of said hospital any and all inhabitants and persons who shall willfully violate such rules or regulations. And said board may extend the privileges and use of such hospital to per- sons residing outside of such city in this state, upon such terms and conditions as said board may, from time to time, by its rules and regu- lations prescribe. 6o4i. Patients’ paying — collection and payment over.] §8. Said board of directors shall, in the name of such city, receive and collect from such inhabitant or person the compensation aforesaid, and shall, as often as once in each month, j)ay over to the city treasurer all compensation received or collected during the month, and take the re- ceipt of such treasurer therefor; and shall, also, at the regular monthly meeting of the city council, report to such city council the names of the persons or inhabitants from whom such compensation has been received or collected, and the amount so received or collected from each, and the Houses of Correction. 2G8d date wlieii so received or collected. And said board of directors shall make, on or before the second Monday in June, an annual report to the city council, stating the condition of their trust on the first day of June of that year, the various sums of money received from the “hospital fund ” and from other sources, and how much money has been expended and for what purposes; the number of patients and such other statistics, information and suggestions as they may deem of general interest. 6o4j. Quarantine regulations.] § 9. When such hospital is so es- tablished, the physicians, nurses, attendants, the persons sick therein, and all persons approaching or coming within the limits of the same, and all furniture and other articles used or brought there shall be sub- ject to such rules and regulations as said board may prescribe. 6o4k. Donations — title vest in special trust.] § 10. Any per- son desiring to make donations of money, personal property or real estate for the benefit of such hospital, shall have the right to vest the title to the money or real estate so donated in the board of directors created under this act, to be held and controlled by such board, when acce]3ted, according to the terms of the deed, gift, devise or bequest of such property; and as to such property the said board shall be held and considered to be special trustees. 6o41. Physicians treating.] § 11. All physicians who are recog- nized as legal practitioners by [the] state board of health of Illinois shall have equal privileges in treating patients in said hospital. 15. HOUSES OF CORRECTION. Section. Section. 605. Cities may establish. 613. Commitment of county convicts. 606. Inspectors — appointment — term of 614. Conveying convict to house of cor- office. rection — fees. 607. Rules — employes — appropriations. 615. Application of other laws, etc. 608. Compensation and duties of inspect- 616. House of shelter for females. ors — records. 617. Expenses — how paid. 609. Books — quarterly statement — ac- 618. United States convicts. counts. 619. Bridewell changed to house of cor- 610. Further reports— removal of officers, rection. etc. 620. Salary of superintendent — record of 611. Duties of superintendent — appoint- conduct — good time. ment — term of office — deputy. 621. Oath — bond. 612. County may use house of correction. An act to establish houses of correction, and autliorize the confinement of convicted persons thereto. [Approved April 25, 1871. R. S., 1874, ch. 67. Houses of Correction. zm 605. Cities may establish.] § 1. Be it enacted hy the jyeople of the state of Illinois^ represented in the general assembly^ It shall be lawful for tlie municipal authorities, of any city within this state, to establish a bouse of correction, which shall be used for the confinement and punishment of criminals, or persons sentenced or committed thereto under the provisions of tins act, or any law of this state, or ordinance of any city or village, authorizing the confinement of convicted })cr- sons, in any such house of correction. [As amended by act approved May 31, 1879. In force July 1, 1879. L. 1879, p. 177. 606. Inspectors — appointment — term of office.] § 2. The management and direction of any house of correction already established, or which may hereafter be established in any such city, shall be under the control and authority of a board of inspectors, to be appointed for that purpose as in this section directed. The mayor of said city shall, by virtue of his office, be a member of said board, who, together with three persons to be appointed by the mayor, by and with the advice and consent of the legislative authority of said city, shall constitute the said board of inspectors. The term of office for the appointed mem- bers of said board shall be three years, but the members first appointed shall hold their office, respectively, as shall be determined by lot at the first meeting of said board, for one, two and three years from and after the first Monday in May, in the year of our Lord 1871 and, thereafter, one member shall be appointed each year for the full term of three years. 607. Rules — employes — appropriations.] §3. That, whenever a board of inspectors have been organized, as in section second of this act directed, they shall have power and authority to establish and adopt rules for the regulation and discipline of the said house of cor- rection, for which they have respectively been appointed, and, upon the nomination of the superintendent thereof, to appoint the subordi- nate officers, guards and employes thereof ; to fix their compensation and prescribe their duties generally ; to make all such by-laws and or- dinances in relation to the management and government thereof as they shall deem expedient. No appropriation of money shall be made by the said board of inspectors for any purpose other than the ordinary and necessary expenses and repairs of said institution, except with the sanction of the legislative authority of said city. 608. Compensation and duties of inspectors — records.] § -t. Said inspectors shall serve without fee or compensation. There shall be a meeting of the entire board, at the house of correction, once in every three months, when they shall fully examine into its manage- ment in every department, hear and determine all complaints or (pies- tions not within the province of the superintendent to determine, and make such further rules and regulations for the good government of said house of correction as to them shall seem proper and necessary. One of said appointed inspectors shall visit the said liouse of con-ec- tion once, at least, in each month. All rules, regulations or other or- ders of said board shall be recorded in a book to be kept for that pur. IIOL'SKS OF ('OJIUECTIOX. ,?70 pose, wliicli shall be deemed a public record, and, with the other books and records of said house of correction, shall be at all tiiries subject to the examination of any member or committee of the legislative author- ity, tlu! conij)t roller, treasurer, cor[)oratiou counsel or attorney of any such city. 609. Books— quarterly statement— accounts.] § 5. The books of said house of correction shall be so kept as to clearly exhibit the state of the ])risoners, tlie number received and discharged, the num- ber employed as servants or in cultivating or improving the premises, the number employed in each branch of industry carried on, and the receipts from, and expenditures for, and on account of, each department of business, or for improvement of the premises. A quarterly state- ment shall be made out, which shall specify, minutely, all receipts and expenditures, from whom received and to whom paid, and for what juirpose; proper vouchers for each, to be audited and certified by the inspectors, and submitted to the comptroller of said city, and by him, to the legislative authority thereof, for examination and approval. The accounts of said house of correction shall be annually closed and balanced on the first day of January of each year, and a full report of the operations of the preceding year shall be made out and sul)initted to the legislative authority of said city, and to the governor of the state, to be b}^ him transmitted to the general assembly. [As amended by act approved May 31, 1879. In force Julv 1, 1879. L. 1879, p. 177. 610. Further reports — removal of officers etc.] § 6 . The legis- lative authority of said city may require such further reports and ex- hibits of the condition and management of such institution as to them shall seem necessary and proper, and may, with the approval of the mayor, remove any inspector of said institution. But, any subordinate officer or employe may be removed by the superintendent at his dis- cretion ; but, immediately upon the removal of such officer or employe, he shall report to said board the name of the person removed, and the cause of such removal. 611. Duties of superintendent — appointment — term of office — deputy.] § 7 . The superintendent of the said house of correction shall have entire control and management of all its concerns, subject to the authority established by law, and the rules and regulations adopted for its government. It sliall be his duty to obey and carry out all written orders and instructions of the inspectors not inconsistent with the laws, rules and regulations relating to the government of said insti- tution. He shall be appointed by the mayor by and with the consent of said board of inspectors, and shall hold his office for fonr years and until his successor shall have been duly appointed and qualified, but he may be removed by tlie inspectors at any time, when in their judg- ment it shall be advisable. He shall l>e responsible for the manner in which said house of correction is managed and conducted. He shall reside at said house of correction, devote all his time and attention to the business thereof, and visit and examine into the condition and Houses of Cokuectio.n. 271 miuiagcinent of every depiirtiiient thereof und of each })risoner therein conlined, daily. He shall exercise a general supervision and direction ill regard to the discipline, police and bii&iness of said house of correc- tion. The deputy superintendent of said home of correction shall have and exercise the powers of the superintendent in his absence, su far as relates to the discipline thereof and the safe kee[)iiiir of ]u-isoncrs. 612. County may use house of correction.] § 8. The board of supervisors or coininissionors of any county, and the board of trustees of any village or town, in any county in tliis state in which a hoii^e of correction is established, shall have full power and authority to enter into an agreement with the legislative authority of such city, or with any authorized agent or officer in behalf of such city, to receive and keep in said house of correction any person or persons who may be sentenced or committed thereto, by any court or magistrate, in any of said counties. Whenever such agreement shall have been made, it shall be the duty of the board of supervisors or commissioners for any county in behalf of which such agreement shall have been made, or of the trustees of the village or town, in behalf of which such agreement has been made, as the case may be, to give public notice thereof, in some newspaper printed and published within said county, for a period not less than four weeks, and such notice shall state the period of time for which such agreement will remain in force. [As amended by act approved May 31, 1879. In force July 1, 1879. L. 1879, p. 177. 613. Commitment.] § 9. In counties, towns and villages having such agreement with any such city, it shall be the duty of every court, police justice, justice of the peace, or other magistrate in such county, town or village, by whom any person, for any crime or misdemeanor, punishable by imprisonment in the county jail, shall be convicted, to commit such person to the house of correction, in lieu of committiug him to the county jail, village or town calaboose, there to be received, and kept in the manner prescribed by law and the discipline of said house of correction. And, it shall be the duty of such court, police justice, justice of the peace, or other magistrate, by a warrant of com- mitment, duly issued, to cause such [person so sentenced, to be forth- with conveyed by some proper officer to said house of correction. [As amended by act approved May 31, 1879. In force July 1, 1879. L. 1879, p. 178. 614. Conveying convict to house of correction — fees.] § 10. It shall be the duty of the sheriff, constable or other officer in and for any county having such agreement with any such city to whom any warrant of commitment for that purpose may be directed by any court, justice or magistrate aforesaid, in such county, to convey such person so sentenced to the said house of correction, and there deliver sucli per- son to the keeper or other proper officer of said house of correction, whose duty it shall be to receive such person so sentenced, and to safely keep and employ such person for the term mentioned in the warrant of commitment, according to the laws of said house of correction ; and the officers thus conveying and so delivering the person or persons so ' library I Houses of Correction. sentenced shall be allowed such fees, as compensation therefor, as shall be ])i*escribed or allowed by the board of supervisors or commissioners of tlie said c(Uinty. 615. Application of other laws etc.J § 11. All provisions of law and ordinances authorizing the commitment and coiitinement of per- sons in jails, bridewells and other city prisons, are hereby made appli- cable to all ])ersons who may or shall be, under the provisions of this act, sentenced to such house of cori’cction. 616. House of shelter.] § 12. It shall be lawful for the ins])ectors of any such house of correction to establish in connection with the same a department thereof, to be called a house of shelter, for the more complete reformation and education of females. The inspectors shall adopt rules and regulations by which any female convict may be im- prisoned in one or more separate apartments of the said house of cor- rection, or of the department thereof called the house of shelter. The superintendent of said house of correction shall appoint, by and with the advice of the board of inspectors, a matron and other teachers and employes for the said house of shelter, whose compensation shall be lixed and provided for as in this act provided for the officers and other employes of the said house of correction. 617. Expenses, how paid.] §13. The expenses of maintaining any such house of correction over and above all receipts for the labor of per- sons confined therein, and such sums of money as may be received, from time to time, by virtue of an agreement with a county, as in this act contemplated, shall be audited and paid, from time to time, by the legis- lative authority of such city, and shall be raised, levied and collected as the ordinary expenses of the said city. 618. United States convicts.] § IT It shall be lawful for the in- spectors of any such house of correction to enter into an agreement with any officer of the United States, authorized therefor, to receive and keep in such house of correction any person sentenced thereto, or ordered to be imprisoned therein, by any court of the United States or other federal officer, until discharged by law. 619. Bridewell changed to house of correction.] § 15. That, in any such city having, prior to the passage of this act, established a bridewell for the confinement of convicted persons, such institution shall, immediately upon the appointment of the inspectors in this act contemplated, be known and denominated as the house of correction of the city in which it is located. 620. Salary of superintendent — record of conduct — good time.] § 16. The superintendent of any such house of correction shall receive a salary per annum, to be fixed by the legislative autho- rity of such city, to be paid quarterly. It shall be his duty to keej') a record of each and all infractions of the rules and discipline of said house of correction, witli the names of each, the convict offending, and the date and character of each offense, and every convict -sentenced or committed for six months or more, whose name does not appear upon such record, shall be entitled to a reduction of three days per month InSUUAXCE — r.AXDIN(iS AND LeVEES. 273 from Ills or her sentence, for each montli he or she sluill continue to obey all the rules of said house of correction. 621 . Oath — bond.] §17. The inspectors of any such house of correction and the superintendent thei-eof, shall, before they enter on the duties of their respective offices, take and subscribe the usual oath of office. Said inspectors and superintendent shall severally give bond to such city with sureties, and in a penal sum such as may be required by the legislative authority thereof, for the faithful performance of their duties. 16. INSURANCE. Section. 622. Tax on net receipt. An act to amend section thirty (60) of an act entitled An act to in- corporate and govern fire, marine and inland navigation insurance companies, doing business in the state of Illinois”. [Approved March 11 , 18.69. 622 . Tax on net receipt.] §30. Ev^ery agent of any insurance company incorporated by the authority of any other state or govern- ment, shall return to the proper officer of the county, town or munici- * pality in which the agency is established, in the month of May, annually, the amount of the net receipts of such agency for the pre- ceding year, which shall be entered on the tax lists of the county, town and municipality and subject to the same rate of taxation for all purposes — state, county, town and municipal — that other personal property is subject to at the place where located ; said tax to be in lieu of all town and municipal licenses; and all laws and parts of laws inconsistent herewith are hereby repealed : Provided, that the provisions of this section shall not be construed to prohibit cities having an organ- ized fire department f’ jin levying a tax, or license fee, not exceeding • two per cent., in accordance with the provisions of their respective charters, on the gross receipts of such agency, to be applied exclusively to the support of the fire department of such city. [As amended by act approved May 81, 1879. In force July 1 , 1879. L. 1879, p. 179. 1. See § 121 ; art. 7, § 23 and notes, as to tlie eftect of this statute. 2. Ordinance, by a city under tlie general incorporation act, prohibiting foreign insurance companies from insuring property without first procuring a license, is ultra vires; Chicago v. Phoenix Ins. Co., 26 111., 278; Chi. t. Case, 126 111., 282, note. 17. LANDINGS AND LEYEES. Section. 623. When landings and levees may be leased. 624. What lands may be leased — when lease shall take effect. 625. Power to protect from overflow of levees etc. 626. Purchase or coi^emnation of lands. 627. Notice to owners, to repair. 35 Section. 628. When city etc. may repair. 629. City etc. may enter on lands to repair. 630. Work charged to party liable — lien therefor. 631. Lien — how enforced. 632. Who may purchase at sale. 633. Emergency — repairs — payment — lien — defense. 274 Laxdixgs anjj Levees. Section. Section. (|;M. Public landing placi^s — ordinances 680. Liability of city subject to overflow — tolls — ^rrade — ])enalty. for damages — insuflicient levee. 085. Stagnant wat(;r — abatement of nni- 037. Proceeding, where land below grade, sauce. 087a. Penalty for cutting. All net to juithorize incorporated cities, towns or villages in this state, situated ujion the hanks of navigable rivers, to lease parts of their ])nhlic landings or levees. [Appi’oved March 31, 187*1. In force July 1, 1871.^ II. S., 1874, ch. 24, §§ 229-30. 623. When landings and levees may be leased.] §1. actedhy t/ie 2 )eoj)le of the state of Illinois, represented in the general assembly^ That, whenever, in the opinion of tlie legislative authority of any incorporated city, or of the president and lioard of trustees of any incorjiorated town or village of tliis state, situate upon the banks of any navigable river, the lands acquired and owned by any such city, town or village, for the purpose of a public landing or public levee, are not immediately re([uired for such purpose, then any such city, town or village may lease such parts of such landing or levee as may be thought best by the legislative authority of such city, or president and board of trustees of such town or village, for the purpose of erecting manufac- tories, warehouses or grain elevators thereon : Provided, no such lease shall extend beyond the period of twenty- five years from its execution. 1 . See § 65 , clauses 82-3. 624. What lands — when lease may take effect — definition — restriction.] § 2. That, the right of any such city, town or vilhige to lease any part of the land in the foregoing section, shall embrace all such lands as may have been conveyed to the same: Provided, however, no such lease shall take effect or be in force until approved by an order, resolution or ordinance of the legislative authority of such city, or presi- dent and board of trustees of such town or village. The words “ legis- lative authority ”, when used in this act, shall be held to include the common council. The jirovisions of this act shall not apply to cities having over one hundred thousand inhabitants. An act to authorize cities, towns and villages to protect the site thereof from overflow and inundation, and to regulate and control private levees, private wharves and landing ]daces, or embankments, and to compel the repairs and improvement of such levees or embankments, and to cause low lots, blocks or parcels of land within the corporate limits to be filled, so as to prevent standing watvr thereon, and to au- thorize cities, towms and villages to purchase or condemn lands, sand banks, gravel pits, and rock quarries, for any of the purposes above named. [Approved and in force May 19, 1883. L. 1883, p. 63. 625. Power to protect from overflow and inundation by levees etc.j §1. Be it enacted by the people of the state of lllino) ft ^ repre- sented in the general assembly. That, all cities, towns and villages in this state, whether incorporated under the general incorporation act for cities, towns and villages, or under any special charter, that are subject to overflow or inundation shall have power to protect the site of such Lai^dings and Levees. .275 city, town or village from overtiow or inimdation by levees, dykes, or embankments. of such height and dimensions as the corporate authori- ties of such city, town or village may deem proper. 626. May purchase or condemn lands.] § 2. Such city, town or village may purchase or enter upon and condemn lands for the location and construction of any such levee, or for the repairs of any levee, or dyke now built, or surrounding any such city, town or village, in the same manner that lands and right of way is now condemned for rail- road purposes. 627. Notice to owner of levees etc. to repair.] § 3 . In all in- stances where any city, town or village in this state is now or shall hereafter be surrounded in whole or in part by any levee, dyke, embank- ment or other structure, which is used or permitted to be used as a pro- tection to any such city, town or village, from overflow and inundation, and which is owned or claimed, in whole or in part, by any individual, private corporation or trust company, and whose duty it is in law or equity to keep up and maintain such levee, dyke, embankment or other structure, and the same shall be found to be insulflcient in width or height, or too steep of grade, or which shall become impaired by wash or abrasion of the rivers, by caving banks, by impairment of the base or surface of the slope, or any other injury that may happen to any such levee, dyke, embankment or other structure, that, in the judg- ment of the city council, or board of trustees, or other municipal au- thorities of any such city, town or village, shall become unsafe or inse- cure for the purpose for which it was erected or used, and the party whose duty it is in law or equity to protect, maintain, and keep in repair such levees, embankments or dykes, shall not repair, enlarge, or heighten the same, as the case shall demand, it shall be the duty of the city council, or board of trustees of any such city, town or village, to cause notice to be servea upon the owner or person in charge of any such levee, dyke, embankment or structure, or any agent of any such owner or person in charge thereof, of the condition, impairment or insufticiency of any such levee, dyke, embankment or other structure, and that the same must be repaired or improved as directed in said notice. 628. When may be repaired by city etc.] § I. If the owner, or agent, or person in ]>ossession of any levee, dyke, embankment or other structure, shall not, within ten days, from tlie date of servioe of any such notice, in good faith commence the work so to be done, and con- tinue the same with all reasonable diligence until it is coiii])leted, any such city, town or village may declare such levee a nuisance, and pro- ceed to repair or improve the same so as to make such levee, dyke or embankment secure and suflicient for the purposes for which it was • intended or used. 629. City etc. may enter on lands etc. to repair.] § 5 . For the purpose of making any such repairs or improvement, any such city, town or village may enter upon any of the adjacent lands of the owner of any such levee, dyke or embankment and take therefrom any earth, 27(i Landings and Levees. sand, stone or otlier material for tlie ]nirpose of making such improve- ment or repairs, witliont being liable for trespass or the value thereof. 630. Work charged to party liable ; to be a lien.] § 6. All such work done u])on any such levee, dyke or embankment, by any city, town or village, shall be charged up to the party liable therefor, and shall be a lien upon any such levee, dyke or embankment, and any connecting levee, dyke or embankment, which forms a part of the system of levee ]n-()tection intended for such city, town or village belonging to the party so liable, notwithstanding the lines of levees may be disconnected by intervening ownersliips. 631. How lien enforced.] § 7 . If the expense incurred by any such city, town or village is not paid by such owner or person liable, within twenty days of the presentation of the bill therefor by the city, town or village clerk, when directed by the city council or board of trustees, then such city, town or village may enforce the lien hereby created in any court of competent jurisdiction, in the same manner as mechanics’ liens are now enforced under the statute of this state, provided the sale under the decree for sale of any such levee, dyke or embankment shall be absolute and without redemption. 632. Who may purchase at sale.] § 8. Any such city, town or village may become purchaser at any such sale, and when so purchased, the city town or village may take immediate possession thereof, and use, own and contract, as to the same in the same manner as if it had been originall}^ built by the city ; but, if purchased by any other person or corporation, then such levee or embankment shall be subject to this statute in the same manner as it was in the hands of the original owner. 633. Emergency — repairs — payment — lien — defense.] § 9 . AVliere any city, town or village has, heretofore, built or repaired any part of any levee, dyke or embankment, when the original levee or embankment had been destroyed, or become insecure by the wash or abrasion of the rivers or the caving in of the banks, and the pai't so built or repaired formed a part of a system of levees surrounding any such city, town or village, for the purposes mentioned in this act, and the same is, or was, owned and controlled by any person, or corpora- tion, or trustee, and such system of levees, dykes or embankments was originally intended by the builder or builders, and was necessary, as a protection to the site of any such city, town or village, and it was, at the time of the making of the improvements mentioned in this section, the duty of any such owner, either in law or equitj^, to maintain and keep in repair such system of levees or embankments, and that at the time of making such improvement or repairs there appeared to be an emergency for the performance of such work, then any such city, town or village may have its action to recover back what it has expended in that regard, and may file its bill or petition as in case of mechanics’ lien, and the amount so expended shall be a lien upon the whole of such levee system belonging to the party, so defaulting at the time of the filing of such bill, from the date of the filing of any such bill or Landings and Levees. 277 petition, and it sliall be no answer or defense that any sncli city, town or village made such expenditure, or did such work as was done, with- out authority of law or the owners of tlie original levee. 634. Public landing places — ordinances — tolls — grade — penalty.] § 10. Whenever the site of any city, town or village in this state, is or has been located upon any of the navigable waters of this state or any of the navigable waters bordering this state, and the site thereof has been surrounded by levees or embankments to prevent overflowing or inundation, and such levees are owned or controlled by private persons, corporations or trustees, and any part of such levee or embankment has been by the owner or owners thereof set apart for a landing place for vessels and water craft, and the place so set apart for a landing place has been used by tlie public free of charge, by foot- men, or for wagons, drays and other vehicles conveying persons or pro- perty to and from said landing for a term of twenty years or more, and the owner thereof claims the right to collect wharfage, tolls or a rea- sonable compensation for the landing of steamboats or other water craft at any such landing place, then any such city, town or village may, by ordinance, determine the slope or grade of any such levee, so used for public landing purposes, and the pavement thereof, and the rate of toll or compensation to be charged at such landing. It shall be the duty of the owner thereof to grade, pave and keep such slope in repair as directed by ordinance, and may enforce the same by proper penalties, or forfeitures of any right to collect wharfage at any such landing until the ordinances in that regard have been complied with and may enforce the powers herein granted, by proper ordinances. 635. Stagnant water — nuisance — abatement of.] §11. Any city, town or village in this state, wherein there are lots, blocks, or places wherein stagnant water is liable to stand, from surface water or sipe water or ''verflow, so that the same becomes a nuisance, or is dan- gerous to the public health of any such city, town or village, the corpo- rate authorities thereof may declare such lots, blocks or places of land to be nuisances, and order the same fllled to grade, or to such height as will prevent such standing water, and for the purpose of Ailing anj’ such lots, blocks or places, such cit}% town or village may purchase or condemn lands, sand banks, or gravel, in the same manner as in other cases under this act. 636. Liabilities of proprietors of city subject to overflow for damages — insufficient levees.] § 12. In all cases where any per- son or persons, trustees, company or corporation, has heretofore, or shall hereafter lay out any city, town or village, within this state, the site whereof is liable to overflow, and is surrounded in whole, or in part, by a levee or embankment, and the owner or proprietors of the site of such city, town or village shall, or shall have, in laying out and platting the same, reserve or reserved, retain or retained, as private property, a strip or strips of land surrounding the site thereof for the purpose of building such levees or embankments thereon, and shall ac- tually build such levees or embankments, and such persons or owners 278 Landings and JjEvep:s. so laying out sucli city, town or village as aforesaid, shall, after the building of such levees or enibankments to protect the site of any such city, town or village from overflow, sell, lease or convey by quit claim or deed in fee, or otherwise, any lots, blocks or lands within the district or territory sniTounded by such levees or embankments, it shall, from thenceforward, become the duty of any such owner or person and their agents, representatives or assigns, to keep and maintain in good repair such levees and enibankments, and upon their failure so to do such per- sons, owners or assigns shall be liahle to the owner or owners of any lots, blocks or lands lying within such levees, whether held by the orig- inal purchaser or his assigns, and such persons or owners of such levees or embankments shall be liable in damages to the owners of any per- sonal property that may be injured by the giving away or insufhciency of any such levees or embankments, and may have their action on the case for any damage they may suffer by reason of the insufficiency, im- pairment or giving away of any such levees or embankment ; or any number of such owners of lots, blocks or land, and owners of personal property damaged as aforesaid, may join in a petition to any court of record of competent jurisdiction in this state for redress of grievances under this section, setting forth the claims of each, and the aggregate of such claims; and such claims shall be a lien upon such levees or em- bankments, and all the unsold lands or lots of the proprietors of such city, town or village within such levee inclosure, from the date of the filing of such petition ; and the proceedings shall be the same as in mechanics’ lien. 637 . Proceedings, where land below grade.] § 13. In any city, village or town in this state wherein there are lots, blocks or parcels of land within the district or districts where the grade shall have been established and fixed as provided for in section 11, below such grade whereon water is liable to drain or accumulate from such drainage, or from rains or sipe water, and stand thereon, thereby endangering the public health, it shall be lawful for the city council in cities, and the board of trustees in towns and villages, by ordinance, to declare all such lots, blocks or parcels of land, a public nuisance and order notice to be served on the owner or owners of such lots, blocks or parcels of land so declared to be a Y)ublic nuisance, to fill the same to the grade established for such streets under the provision of section 11, within ten days. In case the owner or owners reside without this state, such notice may be served on their agent or agents, if such reside in this state, and if neither the agent nor owner resides in this state, then such notice may be given by publication for twenty days in a newspaper published in the city, town or village; and the specified time for the performance of such work shall begin to run from the date of the last publication. In case the owner or owners of any such lot, block or parcel of land shall fail to comply with the said order, and fill the same within the time allowed for the doing thereof, it shall be lawful fur the city, town or village to do the said tilling ac the least possible cost, and the expense thereof shall be a first lien in favor of such city, town Libraries, Public. 279 or village upon the entire interest of the owner or owners in said lot, block or parcel of land ; and for 'the purpose of enforcing said lien, any city, town or village may file its petition in the circuit court of the county where such city, town or village is situated, which court is hereby given exclusive jurisdiction thereof, stating the passage of the ordinance declaring such lot a nuisance, the giving of the notice afore- said, the failure of the owner or owners to comply therewith, the ex- pense incurred by the city, town or village in filling the same, and on proof thereof, and that the owner has been notified of the pendency of the proceedings, in the same manner as now provided by law for notifying defendants of the pendency of chancery causes, the court shall decree the payment of such sum with interest and costs within twenty days, and that such citj^, town or village have a lien on the lot etc. therefor, and also that said lot etc. be sold in the manner and by the officer designated by the court, on failure to pay said sum found due with interest and costs, without redemption, and the court shall direct a deed to be made to the purchaser by tlie officer so making the sale, which shall vest in the purchaser all the right, title and interest of the owner or owners of any such lot, block or parcel of land. Any mortgagee of any such lot, block or parcel of land shall be taken and considered an owner thereof within the meaning of this act. An act to prevent injury to levees and embankments. [Approved June 18, 1891. L, 1891, p. 163. 637a. Penalty for cutting.] § 1. Be it enacted hy the feojyle of the State of Illinois^ represented in the general assembly^ That whoever feloni- ously cuts or destroys any levee or embankment, or any portion thereof, around any city, village, town, farm, body of land, or upon which any public road or railroad is located, with intent to cause the water to run through or across the same, shall be guilty of a felony and, upon con- viction, shall be imprisoned not less than one nor more than ten years: Provided this act shall not prevent cuts being made through such levees and embankments for drainage purposes, if the same is done at a time and in the manner so as not to injure such levee or embankment. 18. LIBRARIES, PUBLIC. Sfxtton. 638. Establishment by city — tax — fund. 639. Appointment of directors. 640. Term of office — removal. 641. V acancies — compensation. 642. Organization — powers of directors — funds. 643. Who may use library. 644. Report of directors. 645. Council may fix penalties. 640. Donations. 647. Powers of villages, towns and town- ships. 648. Directors in villages, towns and townships. Section. 649. Emergency. 649a. Building, procedure to construct — tax levy. 649b. Building commenced when. 649c. Plans and estimates — contract. 649(1. Rental — mortgage — application of statute. 649e. Donation for — incorporation. 649f. Statement for incorporation. 649g. Certificate of incorporation. 649h. Corporate powers — trustees’ duties — taxation. Am act to authorize cities, incorporated towns and townships to estab- lish and maintain free public libraries and reading rooms. [Approved and in force March 7, 1872'; L., 1871-2, p. 609. 638. Establishment by city — tax — fund.] § 1. That, the city council of each incorporated city, whether organized under general law or special charter, shall have power to establish and maintain a public library and readitig room, for the use and benefit of the irdiabitanls of such city, and may levy a tax of not to exceed two mills on the dollar, annually, on all the taxable pro])erty in the city: Provided, that in cities of over one hundretl thousand inhabitants, after the year 1895, such tax shall not exceed one-half of a mill on the dollar annually; such tax to be levied and collected in like manner with the general taxes of said city, and to be known as the library fund: Pjovided, that the said annual library tax in cities of over ten thousand inhabitants, shall not be included in the aggregate amount of taxes as limited by section one (1) of article eight (8) of “An act for the incorporation of cities and villages,” approved April 10, 1872, and the amendatory acts thereto, or by any provision of any special charter under which any city in this state is now organized. [As amended by act approved May 25, 1889. L., 1889, 198, and by act approved and in force March 26, 1891. L., 1891, p. 160. 639. Appointment of directors.] § 2. When any city council shall have decided to establish and maintain a public library and reading room, under this act, the mayor of such city shall, with the approval of the city council, proceed to appoint a board of nine directors for the same, chosen from the citizens at large with reference to their fitness for such office; and not more than one member of the city council shall be at any one time a member of said board. 640. Term of office — removal.] § 3. Said directors shall hold office one-third for one year, one third for two years and one third for three years, from the first of July followdng their appointment, and at their first regular meeting shall cast lots for the respective terms ; and annually, thereafter, the mayor shall, before the first of July of each year, appoint, as before, three directors, to take tlie place of retiring (3irectors, wdio shall hold office for three years and until their successors are appointed. The mayor may, by and with the consent of the city council, remove any director for misconduct or neglect of duty. 641. Vacancies — compensation.] § 4 . Yacancies in the board of directors, occasioned by removals, resignation, or otherwise, shall be reported to the city council, and be filled in like manner as original appointments, and no director shall receive compensation as such. 642. Organization — powers of directors — funds.] § 5. Said directors shall, immediately after appointment, meet and organize by the election of one of their number president, and by the election of such other officers as they may deem necessary. They shall make and adopt such by-laws, rules and regulations for their own guidance and Libraries, Public. 281 for the government of the library and reading room as may be expe- dient, not inconsistent witli this act. They sliall have the exclusive control of the expenditure of all moneys collected to the credit of the library fund, and of the construction of any library building, and of the supervision, care and custody of the grounds, rooms or buildings constructed, leased, or set apart for that purpose: Provided, that all moneys received for such library shall be deposited in the treasury of said city, to the credit of the library fund, and shall be kept separate and apart from other moneys of such city, and drawn upon by the proper officers of said city, upon the properly authenticated vouchers of the library board. Said board shall have power to purchase or lease grounds to occupy, lease or erect an appropriate building or buildings for the use of said library ; shall have power to appoint a suitable librarian and necessary assistants, and lix tlieir compensation, and shall also have power to remove such appointees ; and shall, in general, carry out the spirit and intent of this act, in establishing and maintaining a public library and reading room. 643. Who may use library.] §6. Every library and reading room, established under this act, shall be for ever free to the use of the inhab- itants of the city where located ; always subject to such reasonable rules and regulations as the libraiy board may adopt, in order to render the use of said library and reading room of the greatest benetit to the greatest number; and, said board may exclude from the use of said library and reading room any and all persons who shall wilfully violate such rules. And, said board may extend tlie privileges and use of such library and reading room to persons residing out side of such city in this state, upon such terms and conditions as said board may, from time to time, by its regulations prescrilie. [As amended by act approved March 27, 187L In force July 1, 1874. L. 1873-4, p. 121. 644. Report of directors.] § 7. The said board of directors shall make, on or before the second Monday in June, an annuffi report to the city council, stating the condition of their trust on the first day of June of that year, the various sums of money received from the library fund and from other sources and how such moneys have been expended and for what purposes ; the number of books and periodicals on hand ; the number added by purchase, gift, or otherwise, during the year; the number lost or missing; the number of visitors attending; the number of books loaned out, and the general character and kind of such books; with such other statistics, information and suggestions as they may deem of general interest. All such portions of said report as relate to the receipt and expenditure of money, as well [as] the number of books on hand, books lost or missing, and books purchased, shall be verified by affidavit. 645. Penalties.] § 8. The city council of said city shall have power to pass ordinances imposing suitable penalties for the punishment of persons committing injury upon such library or the grounds or other property thereof, and for injury to or failure to return any book belong- ing to such library. Libraries, Public. 646. Donations.] § 9. Any person desiring to make donations of money, ])ersonal ]>roperty or real estate for the benefit of siicli library, sliall have tlie right to vest the title to the money or real estate, so do- nated, in the board of directors created under this act, to be held and controlled by such board, when accej)ted, according to the terms of the deed, gift, devise or be(piest of such property ; and as to such property the said board shall be held and considered to be special trustees. 647. Powers of villages, towns and townships.] § 10 . When fifty legal voters of any incorporated town, village or township shall present a petition to the clerk of the town, village or township (or trus- tee of schools in counties not under township organization), asking that an annual tax may be levied for the establishment and maintenance of a free public library in such town or township, and shall specify, in their petition, a rate of taxation not to exceed two mills on the dollar, such clerk (or trustee of schools in counties not under township organi- zation) shall, in the next legal notice of the regular annual election in such town or township, give notice that at such election every elector may vote For a mill tax for a free public library ”, or “ Against a mill tax for a free public library ”, specifying in such notice the rate of taxation mentioned in said petition ; and, if the majority of all the votes cast in such town, village or township shall be “ For the tax for the free public library ”, the tax specified in such notice shall be levied and collected in like manner with other general taxes of said town or township, and shall be known as the “ library fund ” : Provided, that such tax shall cease in case the legal voters of any such town, vil- lage or townshi]) shall so determine by a majority vote, at any annual election licld therein ; and the corporate authorities of such towns or villages may exercise the same powers conferred upon the corporate au- thorities of cities under this act. 648. Directors in villages etc.] § 11 . At the next regular elec- tion after anv town, village or township shall have voted to establish a free public library, there shall be elected a libraiy board of six direc- tors, one-third for one year, one-third for two years, one-third for three years, and annually thereafter there shall be elected two directors, who shall hold their office for three years and until their successors are elected and qualified ; which board shall have the same powers as are, by this act, conferred upon the board of directors of free public libra- ries in cities. 649. Emergency.] § 12. Whereas, all the libraries of Chicago were destroyed by the recent fire in that city, and large donations of books have been made to found a free library, and whereas no suitable building or organization exists to receive or preserve them ; therefore, an emergency exists that this law shall take effect immediately ; there- fore,, this act shall take effect and be in force from and after its passage. 649a. Building, procedure to construct — tax levy.] § 13 . Whenever any board of directors of any public library, organized under the provisions of the act to which this is an amendment, shall deter- Libraries, Public. 283 mine to erect a building to be used for tlicir library, or to accumulate a fund for the erection of such building, they may do so as follows: The directors shall cause a plan for such building to be prepared, and an estimate to be made of its cost; they may, ti>en determine the time or years over which they will spread the collection of the cost of said iBiilding, not exceeding twenty (20) 3 ^ears, and shall make a record of their said proceedings and transmit a co])y thereof to the city council for its approval. If the council shall approve the action of the board the board shall divide the total cost of said building into as many parts as they shall determine to spread the cost of the collection thei-eof, and shall certify the amount of one of said parts to the city council, each and every year during the time or term over which they shall have de- termined to spread the collection of the cost of said building. The city council, on receiving the said last mentioned certificate, shall, in its next annual appropriation bill, include the amount so certified and shall levy and collect a tax to pay the same with the other general taxes of the city : Provided, the said levy shall not exceed five (5) mills on the dollar in any one year and shall not be levied oftener than for the num- ber of years into which the library board shall have divided the costs of said building. And, provided, further, no city shall construct more than one building under the provisions of this act, and when said sum herein rnetioned shall have been collected the said tax shall cease. [Act ap- proved June 19, 1891. L., 1891, p. 15L 649b. Building commenced when.] § 14. The library board shall determine when they will proceed with the construction of the building; they may proceed at once or may determine to wait and allow the fund to accumulate, but shall not delay construction of said building longer than for the collection of said fund. If they sliall determine to wait they shall certify their action to' the city council, and said city council shall invest said money in good interest paying securities, there to remain until the same is needed for the construction of*tbe building under the provisions of this act. [Act approved June 19, 1891, L., 1891 ; p. 155. 649c. Plans and estimates — contract— contractor’s bond.] § 15. When the directors shall determine to commence the construction of the building thev may then revise the plan thereof or adopt a new plan and provide estimates of the costs thereof, and shall advertise for bids for the construction of said building and shall let the contract to the lowest and best responsible bidder, and may require from such bid- der securities for the performance of his bid as the board shalbdetermine; Provided, the said directors may let the contract for one part of said building to one bidder, and for another part to another bidder as they shall determine: And, provided, further, the board of directors shall not in any new plan increase the per cent, of the tax levy hereunder, without the approval of the city council. [Act approved June 19, 1891 ; L.. 1891, p. 155. 28} Libkakiks, Pubi.ic. 6Agd. Rental — mortgage — application of statute.] § 16. If the board of directors shall think best they may coristruet the building so that a portion thereof may be rented, and may, at any time during the construction thereof, borrow money and execute a mortgage on the lot and building, not exceeding one-half the value thereof, and the money so obtained shall be used exclusively in the completion of said building. The levy of a tax hereunder shall not constitute a part of the general tax of the city, nor shall it affect any appropriation made or to be made for the sipmort of the library. This act shall not apply to any city in this state having over one hundred thousand inhabitmits. [Act approved June 19, 1891 ; L., 1891, p. 155. An act to encourage and promote the establishment of free public libra- ries in cities, villages and towns in this state. [Approved June 17, 1891 ; L., 1891, p. 157. 649C. Donation for — incorporation founded thereon.] § 1. Be ii enacted hy the 'people of the state of Illinois^ represented in the yeyieral assembly : That whenever ])roperty, real or personal, has, heretofore, been or shall, hereafter, be devised or bequeatlied by last will and testa- ment, or granted, conveyed or donated by deed or other instrument, to trustees, to be applied by them to the foundation and establishment in any of the cities, villages and towns of this state of a free public library, it shall be lawful, when not otherwise provided in said will or other in- strument of gift, for the acting trustees in any such case, in order to promote the better establishment, maintenance and management of such library, to cause to be formed a corporation under the provisions of this act, with the rights, powers and privileges liereinafter provided for. 649f. Statement for incorporation — filing.]* § 2. Such acting trustees may make, sign and acknowledge, before any officer authorized to take acknowledgments of deeds in this state, and file in the office of the secretary of state, a statement in writing, in which shall be set forth the intent of such trustees to form a coi’poration under this act; a copy of the will or other instrument by which endowment of said library has been ])rovided; the name adopted for the proposed corporation (which shall not be the name of any other corporation ali'eady existing); the city, village or town in which the library and the principal place of business of the corporation will be located: the number of managers who may be denominated trustees, managers or directors of the corpor- ation; and the names of tlie trustees, managers or directors who are to constitute the original board of such officers, and who shall hold until their successors respectively are elected and qualified, as in this act pro- vided. 64pg. Certificate of incorporation — recording.] § 3. Upon the filing in his office of such a statement as aforesaid, the secretary of state shall issue to the incorporators, under his hand and seal of state, a cer- tificate, of which the aforesaid statement shall be a ])art, declaring that the organization of the corporation is perfected. The incorporators shall thereupon cause such certificate to be recorded, in a proper record book for the purpose, in the office of the recorder of deeds of the county Libraries, Public. 285 in which the said library is to be located; and thereupon the corpora- tion shall be deemed fully organized and may proceed to carry out its corporate purposes, and may receive by conveyance, from the trustees under said will, deed or other instrument of donation, the property pro- vided by will or otherwise as aforesaid for the endowment of said library, and may hold the same in whatever form it may have been re- ceived or conveyed by said trustees until such form shall be changed by tlie action of the said corporation. 649h. Corporate powers — trustees’ duties — exemption from taxation.] § 4. Organizations formed under this act shall be bodies corporate and politic, to be known under the names stated in the re- spective certificates or articles of incorporation; and, by such corporate names they shall have and possess the ordinary rights and incidents of corporations, and shall be capable of taking, holding and disposing of real and personal estate for all purposes of their organization. The pro- visions of any will, deed or other instrument by which endowment is given to said library and accepted by said trustees, managers or direc- tors shall, as to such endowment be a part of the organic and fundamen- tal law of such corporation. The trustees, managers or dii’ectors of any such corporation shall compose its members, and shall not be less than seven nor more than fifteen in number; shall elect the officers of the corporation from their number, and shall have control and management of its affairs and property; may accept donations and, in their discretion, hold the same in the form in which they are given, for all purposes of science, literature and art germane to the object and purpose of said corpoi’ation. They may fill by election, subject to the approval of the chief justice, for the time being, of the supreme court of Illinois, vacan- cies occurring in their own number by death, incapacity, retirement or otherwise, and may make lawful by-laws for the management of the corporation and of the library, which by-laws shall set forth what offi- cers there shall be of the corporation, and shall define and prescribe their respective duties. They may appoint and employ, from time to time, such agents and employes as thev may deem necessary for the efficient administration and conduct of the library and other affairs of the corporation. Whenever any ti’ustee, manager or director shall be elected to fill any vacancy, a certificate under the seal of the corpora- tion, givitig the name of the person elected, shall be recorded in the of- fice of the recorder of deeds where the articles of incoi-poration are recorded. Whenever, by the provisions of such will, deed or other in- strument by which endowment is created, the institution endowed is 1 declared to be and is free and public, the library and other property of such corporation shall be for ever exempt from taxation. The trustees, managers or directors of such corporation shall, in the month of Janu- ary in each year, cause to be made a report to the governor of the state for the year ending on the thirty-first day of December, preceding, of the condition of the library and of the funds and other property of the corporation, showing the assets and investments of such corporation in detail. Liql'or Law. 19. LIQUOR LAW. Section. Section. ().■)(>. Licenses, how granted. G52. liicense to sell malt liquor — penalty 051, Licenses by county boards, prohibi- for selling other liquors. ted in cities etc. 053. Saloon bond — how taken — suit on An act to restrict tlic powers of counties, cities, towns and villages, in licensing dram shops, to provide for granting a license to retail malt liquors separately, and for punishing ])ersons holding such separate license for unlawful sale and gifts. [Approved June 15, 1883. In force July 1, 1883. L., 1883, p. 92. 650. Licenses, how granted.] § 1. it enacted hy the people of the state of Illinois^ represented in the general assemhly, 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 keeping of a dram shop, except upon the payment, in advance, in to the treasury of the city, town or village granting the license, such sum as may be de- termined by the respective authorities of such city, town or village, not less than at the rate of live hundred dollars 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 li tty dollars per annum: And, provided fur- ther, that the city councils in cities, the board of trustees in towns, and president and board of trustees in villages, may grant permits to pharmacists for the sale of liquors for medicinal, mechanical, sacra- mental and chemical purposes, only, under such restrictions and regula- tions as may be provided by ordinance. 1. See g 355, as to licensing dram shops in annexed territory. 2. The proviso as to licenses is to be read in connection with § 65, ch. 40, confer- ring power on cities etc. to license; Dennehy v. Chicago, 120 111., 031. 3. Under a general permit a druggist may sell in quantities exceeding one gallon; Dennehy v. Chicago, 120 111., 031. 4 A prescription, for intoxicating liquor, by a physician, will not authorize the sale of such liquor by one not having a license or permit to sell, where there is no proof that the persons obtaining the same were sick or needed medicine of any kind; Noecker v. People, 91 111., 408. 5. Under this statute a valid license to keep a dram shop can not be issued unless the amount payable therefor be paid in advance for the entire period covered by the license; Handy People , 29 111. App., 105. 0. By a general ordinance municipal authorities may determine when, to whom and under what circumstances licenses may be granted. If such ordinance be not unreasonable, the power of the executive officers to issue licenses will, thereafter, be controlled and measured by its terms. If no discretion be reserved in relation to the number or location of the dram shops to be licensed none can be exercised and the duty becomes mandatory, on the executive officers, to issue licenses to all aj)plicants who comply with the prescribed terms; People v. Cregier, 133 111., 419. 7. A village ordinance which authorizes the granting of licenses to keep a stated number of dram shops outside of prohibited districts, as the trustees ma}" think the public good requires, and which creates certain districts within which no licenses shall be granted is not unreasonable nor is it objectionable as creating monopolies; People V. Cregier, 138 111., 415. Liquor Law. 287 8. The reservation of a discretion, in an ordinance, as to the number of licenses to be granted is a reasonable exercise of the power vested in the municipal authorities and is valid; People v. Cregier, 138 111., 420. 9. A license to sell liquors issued under an ordinance supposed to be but, in fact, not legally passed to one who has fully complied with the requirements of the ordi- nance is a complete defense on a criminal prosecution for selling liquors; Hanks y. People, 39 111. App., 224. 651. Licenses by county boards, prohibited in cities etc.] § 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 . . . . Provided, further, such board shall not have power to issue any license fo keep a dram shop in any incorporated city, town or vil- lage, or within two miles of the same, in which the corporate authori- ties have authority to license, regulate, restrain or prohibit the sale of liquors, or in any place where the sale of liquors is prohibited by law. 652. License to sell malt liquors — penalty for selling other liquors.] § 3. Any person having a license to sell malt liquors only, who shall, by himself or another, either is [as] principal, clerk or ser- vant, directly or indirectly, sell or give any intoxicating liquors, other than malt liquors in a less quantity than one gallon, or in any quantity to be drank upon the premises, or in or upon any adjacent room, build- ing, yard or place of public resort, shall for each ofense be fined not less than twenty dollars, nor more than one hundred dollars, or confined in the county jail not less than ten nor more than thirty days, or both, in the discretion of the court. The penalties provided for in this sec- tion may be enforced by indictment or information in any court of com- petent jurisdiction, or the fine only may be sued for and recovered be- fore any justice of the peace of the proper county, and in case of con- viction, the offender shall stand committed to the county jail until the fine and costs are fully paid. A conviction under this section shall for- feit the license held by the defendant, and the court rendering judg- ment upon such conviction shall, in such judgment, declarc a forfeiture of such license. 1. The provisions of the dram shop act (R. S., 1874, ch. 43) do not take away the exclusive power vested in cities and towns, by prior special charters, to prohibit the sale of intoxicating liquors; Gunnarsohn v. Sterling, 92 111., 569. 2. Where a city, in pursuance of its chartered power, adopts an ordinance prohi- biting the sale of any intoxicating liquors within its limits, if sale of such liquors is made — fora lawful purpose — the burden is on the seller to prove such fact; Gunnarsohn v. Sterling. 92 III., 569; Harbaugh v. Monmouth, 74 111., 367. An act to provide for the licensing of, and against the evils arising from, tlie sale of intoxicating liquors. [Approved, March 30, 1 874. In force July 1, 1874. E. S., 1874, ch. 43. 653 . Saloon bond — how taken — suit on.] § 5. No person shall be licensed to keep a dram shop, or to sell intoxicating liquors, by any county board, or the authorities of any city, town or village, unless he shall first give bond in the penal sum of $3,000, payable to the people of the state of Illinois, with at least two good and sufiicient sureties, free- holders of the county in which the license is to be granted, to be ap- proved by the officer who may be authorized to issue the license, con- ditioned that he will pay to all persons all damages that they may sus- Officers. 2erson or persons so convicted 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 holding any office or position of trust and confi- dence in this state for the period of two years from and after the date of such conviction. Oil iNsrECTioN. :i92 21. OIL INSPECTION. Section. Section. 666. Appointment of inspectors — term of 670. Record kept and open to examination. office — deputies. 671. Penalty for misconduct in office. 667. Oath — bond — suit on bond. 672. Penalty against manufacturers and 668. Duty of inspector. dealers in oils. 669. Test — casks marked — inspector not 673. Fines^ how recovered and disposed of. to trade in oil. An act to revise the law in relation to oil inspection. [Approved March 12, 1874. In force July 1 , 1874. R. S., 1874, ch. 104. 666. Appointment of inspectors — term of office — deputies.] § 1. The judge of the county court of any county for townships out- side of incorporated cities, towns and villages, the mayor of any city, with the approval of the city council and the board of trustees of any village or town, may, and on the petition of any five inhabitants thereof shall, appoint one or more inspectors for the inspection of coal oil, naphtha, gasoline, benzine, and other mineral oils or fluids, the product of petroleum, and fix their compensation, to be paid by the party re- quiring their services. Every such inspector shall hold his office for one year, and until his successor is appointed and qualified, 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. [As amended by act approved June 17, 1887. In force July 1, 1887. L., 1887, p. 242. 667. Oath — bond — suit on.] §2. Every such inspector, before entering upon the duties of his office, shall take and subscribe the fol- lowing oath ; Ido solemnly swear (or affirm, as the case may be) that I will support the constitu- tion 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 I'equired 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 trustees, conditioned for tile faithful discharge of the duties of his office. Any person ag- grieved by the misconduct or neglect of such inspector may maintain [suit] thereon for his own use. [As amended by act approved June 17, 1887. In force July 1, 1887. L., 1887, p. 242. 668. Duty of inspector.] § 3. Upon the application of any manu- facturer, refiner or producer of, or any dealer in, any such oil or fluid, or of any officer or person to test any such oil or fluid, such inspector shall test the same with all reasonable dispatch by applying the fire test, as indicated and determined by J. Tagliabue’s pyrometer, or some other instrument or means equally accurate, with which he shall have provided himself at his own expense. Oil Inspection. 669. Test — casks marked — inspector not to trade in oil.] § 4. If the oils or fluids so tested will not iii^nite or explode at a temperature less than one hundred and fifty degrees Fahrenheit, the in- spector shall mark, plainly and indelibly, on each cask, barrel or pack- age “ Approved, fire test being . . . . ” ; but if said oils or fluids will ignite at a temperature less than one hundred and fifty degrees Fahren- heit, as aforesaid, then the inspector shall mark on each cask, barrel or package “Condemned for illuminating purposes; fire test being . . . Said inspector, while in ofiice, shall not buy, sell, bargain or trade, di- rectly or indirectly, in any of the said oils or fluids. 570. Record kept, and open to examination.] § 5 . lie shall also, within twenty-four hours after making any inspection, make a full and fair entry thereof in a record book to be kept for that purpose, which shall be open to all persons wishing to examine the same. 671. 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 S200, and be liable to the party injured for all damages occasioned thereby. 672. Penalty for neglect to give notice of, or selling oil not in- spected — counterfeit brands etc.] § 7. Any manufacturer, refiner or producer of, or any dealer in coal oil, naphtha, gasoline, benzine, or other mineral oil or fluid, the product of petroleum, in any city, village or town in which such inspector is appointed, who shall neglect to give notice to such inspector, of any such oil or fluid in his possession not already inspected by some authorized inspector of this state, within two days after the same is made or refined by him or received in to his pos- session, or shall offer any such oil or fluid for sale before the same has been so inspected, or shall sell or attempt to sell to any person, for il- luminating purposes, any such oil which is below the approved stand- ard — that is, having igniting point less than one hundred and fifty degrees Fahrenheit, as indicated and determined in the manner herein provided, or shall use any package, cask, barrel or other thimz; having the inspection brand thereon, the oil or fluid therein not having been inspected, or shall counterfeit any brand, shall be fined not exceeding $200 and be liable to the party injured for all damages occasioned thereby, and all the casks, barrels or packages so falsely used, and their contents, shall be forfeited, and may be seized and sold. 673. Fines, how recovered and disposed of.] § 8. The fines herein provided may be recovered, in the name of the people of the state of Illinois, before any justice of the peace of the county where the offense is committed, and when collected, one-half shall be paid to the informer, and the other half and the proceeds of the sale of all casks, barrels and packages and the contents thereof seized, as herein provided, shall be paid in to the city, village or town treasury. 294 Parks. 22. PARKS. Section. 673a. Organization of pleasure driveway and park districts — procedure. G73b. District organization — election, 673c. Board of trustees — terms of office — organization — otlicers. 673d. Corporate powers — engineer — at- torney — management of district. 673e. Becords - inspection of. 673f. Ordinances— publication of — when in force — proof of. 673g. Laying out, improvement and main- tenance — control. 673h. Ac(piisition of land — taxation. 673i. Vacancy in office of trustee. ' 673j. Annexation of adjoining territory. 673k. President duties of. 6731. Annual election. 674. Power of park commissioners. 675. Power as to parks taken under statute of 1885. 676. Reversion. 677. Power of city or village. Section. 678. Emergency. 678a. Parks existing; bonds to improve. 678b. Bonds and interest — issue — registra- tion — violation of act. 678c. Interest, payment of — sinking fund. 678d Sinking fund — appropriation to. 678e. Sinking fund — purcba.se of bonds. 678f. Emergency. 678g. Parks on lake — protection of shore line. 678h. Bonds — interest — issue. 678i Bonds, sale of — proceeds — use. 678j. Tax — rate increased. 678k. Tax levy for park and boulevard purposes. 6781. Purcbase of lands — expenditure of fund. 678m. Statute, when in force. 678n. Emergency. 678o. Taxation for government and management. 678p. Museum— building for— election. An act to provide, for the creation of pleasure driveways and park dis- tricts. [Approved June 19, 1893; L., 1893, p. 153. 673a. Organization of pleasure driveway and parks — pro- cedure.] § 1. That whenever an area of contiguous territory, contain- ing within its boundaries two or more incorporated cities, towns or vil- lages and lying wholly within the same or adjoining townships, for the purpose of connecting such incorporated cities, towns or villages with pleasure drives, boulevards and parks and for the purpose of building, maintaining and caring for such pleasure drives, boulevards and parks, the same may be incorporated as a pleasure driveway and park district, under this act, in the manner following, to wit : Any one hundred (100) of legal voters, resident within the limits of such proposed driveway and park district, may petition the county judge of the county or counties in which they reside to cause the question to be submitted, to the legal voters of such proposed district, whether they will organize as a pleasure driveway or park district under this act. Such petition shall be ad- dressed to the county judge of the county in which such territory is situat- ed and shall contain a definite and clear description of the territory in- tended to be embraced in such district and the name of such proposed pleasure driveway and park district. Uj)on the filing of such petition in the office of the county clerk, of the county in which such teiTitory is situated, it shall be the duty of the county judge to order an election to be held in said proposed district and, in ordering such election, the county judge shall proceed in the same manner as is pi’ovided in the act governing the organization of cities and villages in unincoi’porated ter- ritory: Provided, that, when such proposed district shall lie within two diffei'ent and adjoining counties a copy of sucli petition shall be filed in Parks. 295 the office of the clerk of the county court of each of said counties and said petition shall particularly describe the territory lying within each of said counties and shall state the date upon which such election is de- sired to be held by the petitioners and the county judges of the different counties, to whom such petition is presented, shall order the election to be held upon the day so named in said petition and the votes cast with- in that portion of the territory lying in each of said counties shall be returned to the county judge of the county in which such territory lies and the same proceedings shall be had as is required of the county judge in the organization of cities, towns and villages in unincorporated territory ; Provided, further, that unless a majority of votes cast in territory lying in each of said counties shall be in favor of the incor- poration of said pleasure driveway district the same shall not be incor- porated and the county judge of each of said counties shall cause a statement of the result of such election, held in that portion of the terri- tory lying within his county, to be spread upon the records of the county court and shall, also, cause to be transmitted to the clerk of the county court of the other county, in which a part of said proposed dis- trict shall lie, a copy of such record which copy, when so received, shall be spread upon the I'ecords of the county court receiving the same as the retui’ii of the vote cast in said county ; and if the majority of the votes cast in each part of said district, where the same lies within two different counties, or the majority of the votes cast in said proposed district, where the same lies wholly within one county, shall be in favor of the proposed pleasure driveway and park district sucii proposed dis- trict shall, thenceforth, be deemed an organized pleasure driveway and park district, under this act. 673b. District organization — election.] § 2. All courts in this state shall take judicial, notice of all pleasure driveway and park dis- tricts organized under this act. Upon the organization of any pleasure driveway and park district, under this act, the county judge shall call an election to elect officers and cause notice thereof to be posted or pub- lished and perform all acts in reference to such election in like manner, as nearly as may be, as he is required to perform in reference to the election of officers in newly organized cities or villages, under the pro- visions of an act entitled “ an act to provide for the incorporation of cities and villages,” approved April 10, 1872, and the amendments thereto; Provided that, when any such pleasure driveway and park dis- trict, so organized, shall lie partly in two adjoining counties the election shall be ordered and conducted by the county judge of each of the counties in which such district shall lie, as to that part of the district so lying within each of said counties, and a copy of the record of the pro- ceeding of each of said county courts shall be transmitted and entered of record in the county court of each of said counties, in which any por- tion of said district shall lie, and the voters in any such district shall vote at such election at the voting place or places designated, by the county court, in that part of the district lying within the county in which they reside, and all legal voters residing within an}^ such pleasure Parks. 2flf. driveway and park district shall have the right to cast, at such election, one vote for each of as many persons as there are oflicers to be elected. 673c. Board of trustees — terms of office — organization — offi- cers.] § 3. In each pleasure driveway and park district, organized under this act, there shall be elected a president and six (6) trustees, who shall be legal voters and reside within said district, who shall hold their office for the term of two years from the date of said election, and until their successors are elected and qualified : Provided that, at the first election of trustees, held in any district organized under this act, three of the trustees shall be elected for the term of one year only, when three new trustees shall be elected to succeed the three whose term of olfice shall then expire, and the three so elected shall hold their office for two years and until their successors are elected and qualified ; and, at the first election held for trustees, in any district organized under this act, the voters shall designate, on their ballot, three persons as trustees for one year and three persons as trustees for two years and tlie presi- dent and such trustees, when so elected, shall meet at some convenient ])lace within said district within two weeks after said election and organ- ize by electing a secretary and treasurer. The term of office of both the secretary and the treasurer shall not be longer than one year and they shall each give such bond and perfoi-m such duties as shall be required of them by said board of trustees and such ])leasure driveway and park district shall, from the time of the fii’st election held by it under this act, be construed in law and in equity a body corporate and politic, by the name and style of the Pleasure Driveway and Pai’k District of and by such name and style may sue and be sued, eonli-act and be con- tracted with, acquire and hold real estate and personal property neces- sary for all corporate purposes and adopt a common seal and alter the same at })leasure. 673d. Corporate powers — engineer— attorney — management of district.] § P The president and trustees elected, in pursmince of the foregoing provisions of this act, shall constitute a beard of trustees for the district by which they are elected, which president and l)oard of trustees is hereby declared to be the corporate authoi’ity of such pleasure driveway and park district and shall exercise all the powers and manage and control all the officers and property of such district and may, in addition to the officers above mentioned, employ a chief engi- neer and attorney for such municipality who shall liold their respective offices during the ideasure of the board and shall give sueli bond as may be required by said board and said board may, by ordinance or resolution, prescribe the duties and fix the compensation of all officers and em]doyees of said pleasure driveway and park district: Provided, liowever, that, the said board of trustees or the president thereof shall receive no compensation, as such, and said president and board of trus- tees shall have full power to pass all necessary ordinances, rules and regulations for the proper management and conduct of the business of said board of trustees and of said corporation and for carrying into effect the objects for which such pleasure driveway and park district is formed. Pakks. 297 6730. Record of proceedings — inspection.] §5. Said president and board of trustees shall cause to be kept a regular book of records of all ordinances or other proceodings of said board, which book of records and ordinances shall be open to the inspection of any person residing in said district at all reasonable and proper times. 673f. Ordinances, publication of— when in force — proof of.] §6. All ordinances making any appropriations shall, .within ten days after their passage, be published, by posting a copy thereof in, at least, live of the most public places in said district, and no such ordinance shall take effect until ten days after it is so published, and all other ordinances, orders and resolutions shall take effect from and after their passage, unless otherwise provided herein. All ordinances, orders and resolutions and the date of the publication thereof may be ])roved by the certificate of the secretary of said board under the seal of the corpo- ration and, when printed in book or pamphlet form and purporting to be published by the board of trustees, such book or pamphlet shall be received as evidence of the passage and legal publication of such ordi- nances, orders and resolutions as of the dates mentioned in such book or pamphlet in all courts and places without further proof. 673g. Laying out, improvement and maintenance — control — driveways and parks in cities etc.] § 7. The board of trustees of any pleasure driveway and park district, organized under this act, shall have power to provide for acquiring, laying out, building and maintain- ing pleasure driveways, boulevards and parks in said district and control, manage and govern the same and the use thereof in the same manner and to the same extent as can be done now by raunici[)al authorities of cities, town and villages under the act entitled “an act to ])rovide for j)leasure driveways in incorporated cities, villages and towns,” approved and in force March 27, 1889: Pi'ovided that, any and all pleasure driveways, boulevards and parks lying, wholly or in part, within the corporate limits of any city, town or village situated within any pleasure driveway and park district organized under this act, ina}^, from and after the organization of such district, be, by the corporate authorities of such city, town or village, turned over to and placed under the control of the board of trustees of any such pleasure driveway and park district. 673h. Acquisition of land — ^ taxes, levy and collection of.] § 8. The president and board of trustees of any such pleasure driveway and park district created under this act, shall have power to acquire, by gift, grant or purchase, or by condemnation under the act of eminent domain, any and all grounds or lands necessary for building and main- taining any such pleasure driveway, boulevards and parks as they may deem proper and shall, also, have the power to raise money, either by general taxation or special assessment as they may deem best, for the purpose of aequiring the right of way, building and maintaining any such driveways, boulevards and parks and shall, by general taxation, raise sufficient money to pay all necessary expenses incurred by said board for engineer and attorney services and for the purpose of keeping l^AKKS. 21)8 in re[)air and l)aying policemen or other persons necessarily employed to guard, protect and maintain Jiny such pleasure driveways, boulevards and parks within said district. All general tax proposed, by said board of trustees, to be levied at tlie same time and in the same manner as taxes are now levied for city and village purposes under the laws of this state. 673i. Vacancy in office of trustee.] § 9. Whenever any person holding the olhce of president or trustee of any district, formed under the pi-ovisions of this act, shall from any cause, either by removal from said district or otherwise, cease to be a legal voter within said district, his olhce shall be declared vacant and the vacancy filled by appoint- ment of some p'crson qualified to hold such office and whenever any })ersou, so elected })resident or trustee, as the case may be, or shall ne- glect to attend the duties of his office for such a time as shall be fixed by ordinance said office may be declared vacant and the vacancy filled i)y a])poiiitmetu, as above provided, and any person a|)pointed to any such office shall hold his office until the next regular election of trus- tees, when a qualified person shall be elected to fill out such unexpired term of office. 673 j. Annexation of adjoining territory.] § 10. Any territory adjoining the pleasure driveway and park district organized under the ])rovisions of this act may become a part of said district in the manner following: a majority of the legal voters residing within the territory proposed to be annexed to such district shall petition the president and board of trustees of such district to be annexed thereto. The said president and board of trustees of such distinct ma}', by ordinance duly passed, annex said territory to such district and the same shall thence- forth become and be a part of said district, the same as though originally included in said district. 673k. President — duties of.] The president of any district orga- nized under this act shall preside at all meetings of the board of trustees and mav call special meetings of the board on request of two or more of the trustees, and, in case of special meeting, shall cause a written notice to be given to all members of the board of trustees. In case of a tie vote upon any question before the board of trustees the president shall have the casting vote, but shall have no right to vote except in case of tie. He shall sign all ordinances, resolutions and other papers necessary to be signed, and shall execute all contracts entered into by the district, and perform such other duties as may be prescribed by ordinance of the board. 673I. Annual election.] § 12 . The regular annual election for president and trustees of any district organized under this act shall be held on the day of of each year, and the ])resident and board of trustees shall give notice of such election, appoint the polling place or places’ and the judges and clerks of election and the election shall be conducted and the vote canvassed and the returns made to the said president and board of trustees of any such district in the same Parks. 299 manner as is required of the president and board of trustees of incor- porated villages in this state, acting under the general law for the in- corporation of towns, cities and villages. An act entitled “ An act to enable park commissioners having control of parks to take, regulate, control and improve parks now under the control of incorporated cities, villages or towns”. [Approved and in force April 11, 18S5; L.,1885, p. 224. 674. Power of commissioners — parks now under control of cities etc.] § 1. Be it enacted hy the 2 )eople of the state of Illinois^ rej)resented in the general assembly, That, every board of public park commissioners shall have the power to take under its control and to regulate, control and govern, in the same manner as it may govern other parks or boulevards under its control, any public park now under the control or jurisdiction of any incorporated city, town or village: Provided, that the park so taken shall lie within the district or territory the property of which shall be taxable for the maintenance of the parks or boulevards under the control of any such board of park com- missioners: And, provided, further, that the consent of the authorities of any city, town or village having control of the park so to be taken, and also the consent in writing of the owners of a majority of the front- age of the lots and lands abutting on the park so to be taken, shall be first obtained. 675. Power as to parks taken under this act.] § 2. Such boards of park commissioners shall have the same power and control over the parks taken under this act as are or may be by law vested in them, of and concerning the parks, boulevards or driveways now under their control, 676. Reversion.] § 3. In case any such parks so to be taken shall pass from the control of any such park board, the power and authority over the same, granted or authorized by this act, shall reVert to the proper authorities of such city, town or village, as the case may be, ai af()resaid. 677. Power of city or village.] § 4. Any city, town or village in this state shall have full power and authority to vest any such board of public park commissioners with the right to control, improve and main- tain any such park within the district over which such board of park commissioners has jurisdiction for the purposes of carrying out the prO' visions of this act, in accordance with its intent. 678. Emergency.] § 5. Whereas, public policy requires that, so far as practicable, there should be, within the jurisdiction of such park boards, but a single authority over the parks lying within such districts respectively; therefore, an emergency exists for the passage of this act, and the same shall take effect and be in force from and after passage. An act to authorize the corporate authorities of towns to issue bonds foi the completion and improvement of public parks and boulevards, and to provide a tax for the payment of tlie same. [Approved and in force June 12, 1891, L., 1891; p. 178 Parks. :;o() 678a. Parks existing — bonds to improve.] § 1. Be it enacted hy the people of the state of J llinois, re'presented in the yeneral assembly ; 'i’bat ill any town which is now included within the limits of any city in this state where the boundaries and limits of any such town are co-extensive with the boundaries and limits of any park district, in which a boai'd of jiark commissioners shall now exist, having authority by law to acquii’e, hold, improve and maintain land and the appurtenances in trust for the inhabitants of such town, and of a division or part of such city, and for such parties or jiersons as may succeed to-the rights of such inhabitant‘s and for the public as a public promenade and pleasure ground and ways, but not for any other use or purpose without the consent of a ma- jority, by frontage of the owners of the property fronting the same, and without the power to sell, alienate, mortgage or incumber the same, the corporate authorities of such town (meaning the town supervisor, clerk and assessor thereof), shall have authority, and sudi coi-porate authori- ties of any such town are, hereby, empowered, upon the written request to that effect or any board of park commissioners or the successors thereof, which shall now exist within any such town, to issue bonds in the name of such town to an amount not exceeding in the aggregate the principal sum of one million dollars, and such bonds, when so issued by such corporate authorities, shall be delivered to such board of park com- missioners, to be by them sold in the manner hereinafter provided, and tlie proceeds thereof used for the improvement of any land now held, controlled and maintained, by any such board of park commissioners, for park and boulevard purposes : Provided, that the total indebtedness of such town including the said sum of one million dollars hereby authorized to be issued, shall not exceed five per centum of the value of the taxable property of such town, as ascertained by the last assess- ment for state and county taxes previous to issue of any such bonds. And such corporate authorities of any such town shall, in addition to the amount of any tax now authorized by law to be levied and collected for park and boulevard ])urposes in any such town, levy and collect annually a tax not to exceed one and one-half mills on the dollar upon the taxable pro])ert3’ in any such town, according to the valuation of the same as made for the purposes of state and county taxation ; such tax to be used and expended by such hoard of park commissioners in governing, maintaining and improving such parks and boulevards or pleasure ways, and in paying the interest and principal of such bonds and other necessary and incidental expenses incurred in and about the management of any such parks and boulevards. Neither the bond hereby authorized to be issued for the purpose aforesaid, nor the pro- ceeds thereof, sliall be used by any such board of park commissioners for any other purpose than tlie improvement of the lands now held, controlled and maintained by such board of park commissioners. Nor shall any portion of tlie money derived from the sale of said bonds be used or expended by such board of park commissioners in the improve- ment, maintenance, control or repair of any boulevard or pleasure way Parks. 301 which has been or may hereafter be made into boulevards or pleasure ways from pre-existing streets, but all of the proceeds of the sale of such bonds shall be used and expended exclusively in the improvement of the lands acquired and maintained by any such board of park com- missioners by means and from sources other than the ti’ansfer of any street or streets by the common council of any municipal corporation, to the management and control of any such board of park commissioners. 678b. Bonds and interest — issue — registration — violation of act, penalties.] § 2. Such bonds shall be issued, by the corporate authorities of such town as aforesaid, in the name of said town, upon the request in writing of any such board of park commissioners or a majority of the members thereof. Said bonds shall be signed by the said corporate authorities in the name of said town, and when so signed shall be delivered by such corporate authorities to such board of park commissioners, who shall, before disposing of tlie same, indorse upon each one of such bonds a certificate to the effect that such bonds have been issued by the corporate authorities of such town, upon the requisi- tion of such board of park commissioners for the issue of such bonds by the corporate authorities of such town. And such certificate, so to be indorsed upon each one of such bonds, shall be evidence that due requisition for the issue of such bonds has been made by such board of park commissioners upon the corporate authorities of such town as aforesaid. Such certificate so to be indorsed upon said bond shall be signed by the president, treasui-er, auditor and secretary of such board of park commissioners. The said Ijonds may be of the denomination of twenty-five dollars, and of any multiple thereof. They shall bear- interest at a rate not exceeding five per centum per annum, to be paid semi-annually, and to be evidenced by coupons thereto attached, and the principal shall be payable at such place and at such time, not excedi ng twenty years from the date of the issue of such bonds, as such board of park commissioners may determine. Such bonds shall be numbered in regular series and shall be registered upon the records of of such board of park commissioners, which I’egistry shall show the number of the bonds, the amount of each bond, when the same is pay- able, to whom the same shall be payable, and the rate of interest pay- able thereon : Provided, however, that such bonds may be made payable to bearer, or to the order of such person or persons as may be named therein, and when any of such bonds shall be made payable to bearer they shall pass by delivery, and provision shall be made by such board of park commissioners for the second registry of such bonds in the office of such board of park commissioners, at the option of the holder and in his name ; and after a second registry of any of such bonds they, together with any bonds made payable to any particular person or per- sons, shall pass only by indorsement and delivery. None of such bonds shall be sold by such board of park commissioners for less than the par value thereof and the accrued interest thereon at the date of sale. And such board of park commissioners are hereby empowered J^VKKS. to require of the treasurer of any such board a bond, with security to be approved by the circuit court of the county in which such parks and boulevards or j)leasure ways may be located, sufficient in amount and penalty to pi'otect and save harmless any such board of park commis- sioners from loss of any money or sums of money which may or shall, from time to time, come into the hands of the treasurer of any such board of park commissioners from the sale of any of the bonds issued and sold under and by virtue of the provisions of this act. Any per- son who shall knowingly violate or aid and abet in the violation of any of the provisions of this act, shall be deemed guilty of embezzlement, and shall be liable to indictment, trial and punishment as in other cases of embezzlement. • 678c. Interest, payment of— sinking fund.] §3. For the purpose of providing for the payment of the interest on such bonds as it falls due and, also, to pay and discharge the pi'incipal thereof, as the same shall mature, any such board of park commissioners are hereby required each year to appropriate from any annual park tax, not heretofore specifically appropriated by law, which may now or hereafter be auth- orized and directed to be levied upon the taxable property in any such town, whether the same be known as “boulevard and park tax'’ or otherwise, a sum sufficient to meet the interest upon such bonds as it may accrue, and to provide a sinking fund for the purpose of paying the principal of such bonds, as they shall mature or become due, accord- ing to the provisions of this act. dySd. Sinking fund — appropriation therefor.] § 4. Any and all bonds which shall be issued in accordance with the provisions of this act shall contain the condition that, upon the exjnration of five years after the date of such bonds, and upon the expiration of each successive year thereafter, such board of park commissioners shall, at an open meeting of the board of such park commissioners, select by lot so many and such an amount of such bonds as may be requii-ed to absorb the sinking fund hereinbefore provided ; and the principal of the bonds so selected shall become due and payable at the the date of the next in- stalment of interest maturing on the several bonds, so selected from time to time, and shall cease to bear interest after they severally become due and payable by reason of such selection. Such board of park com- missioners, immediately after making such selection, shall make and sign in duplicate a statement of the result thereof, and shall file one copy thereof in the office of the town clerk of such town, and the other copV shall be filed in the office of the county clerk of the county in which any such town shall be located ; and it is hereby made the duty of such board of park commissioners to pay and discharge the principal of the bonds selected, at the date of the next instalment of in- terest maturing on the bonds so selected, from the sinking fund herein- before provided for that ])urpose. 6780. Sinking fund -purchase of bonds.] § 5. Any such board of park commissioners is hereby empowered, after the expiration of one year and at any time before five years from the date of any bonds Parks. m authorized to be issued according to the provisions of this act, to pur- chase a sufficient number and amount of such bonds then outstanding as will absorb the annual sinking fund required by the provisions of this act: Provided, that such board of park commissioners shall not be authorized to pay for the bonds authorized by this section to be pur- chased more that the fair market value thereof at the date of such purchase. 678f. Emergency.] § 6 . Omitted. An act to authorize an additional issue of bonds to raise funds for the protection of public parks from waste by the action of water. [Ap- proved May 26, 1891. L., 1891, p. 168. 678g. Park on lake — protection of shore line.] § 1. Be it en- acted hy the people of the state of Illinois^ represeyited in the general assem- bly: That in all cases where a public park or a portion of one fronting on the shore of a lake lies in any town, the supervisor and assessor of which have been heretofore declared to be corporate authorities, such supervisor and assessor may, from time to time, authorize the bonds of said town to be issued to an amount including existing indebtedness of such town, so that the aggregate indebtedness of such town shall not exceed five per centum on the value of the taxable property therein, to be ascertained by the last assessment for state and county taxes previ- ous to the issue, from time to time, of such bonds, such issue not to exceed in the aggregate the sum of two hundred thousand dollars in addition to the amount previously authorized by law; such authority shall be in writing, signed by the supervisor and assessor of said town a copy of which shall be filed with the county clerk, and another copy shall be filed with the commissioners of such park, to be by them re- corded in their record of proceedings of their board. 678I1. Bonds, payment of — interest — issue.] § 2. Such bonds shad be issued, when authorized by the corporate authorities of the town, as aforesaid, in the name of said town by the commissioners of said park, to be signed by the president and treasurer and countersigned by the secretary with his seal of office affixed. They shall bear inter- est at the rate of not exceeding five per centum, payable semi-annually, and the princi|')al shall be payable at such time as may be determined, not exceeding twenty years. 6y8i. Bonds, sale of — proceeds — use.] § 3. The commission- ers of said park may sell said bonds, and the proceeds thereof shall be used exclusively for the continuance and completion of any shore pro- tection now in process of construction in front of said park for the purpose of preventing the waste of land by the action of the water of said lake. 678J*. Tax — rate increased.] §4. In addition to the amount of money authorized to be raised by taxation on the property of such town for the payment of any other debt contracted by the park commission- ers falling due during the next year, and for the improvement and maintenance and government of said park during the next succeeding 301 Parks. year, tlie suj)ervisor of said lown sliall, also, add the amount of interest juiyable on said bonds during the next year thereafter, and, also, a sum snfUcient to pay and discharge the principal of said bonds within twenty years from the time of issuing the same. An act to provide for the assessment and collection of a general tax, by cities, for park and boulevard purposes. [Approved June 17, 1893. L., 1893, p. 77. 678k. Tax levy for park and boulevard purposes.] § 1. Beit enacted hy the jyeople of the state of 1 llhiois, represented in the general as- sembly; That the city council in cities having a population of not less than 25,000, nor more than 100,000, to be ascertained by the next pre- ceding United States census, whether incorporated under the general law or special charter, shall have the power, by ordinance, to provide, by taxation, a special fund, not to exceed three mills on the $100 valua- tion of the taxable property within the corporate limits of said cities, to be assessed and collected in the same manner as the other general taxes for said cities are collected, to be used only for the purpose of purchas- ing land for parks and boulevards in and around such cities and for opening, improving and maintaining the same. 678I. Purchase of lands — expenditure of fund.] § 2. That the funds so provided may be used for the purchase of lands within the cor- porate limits or in adjoining townships and, in such cities where boule- vard and park associations have been or may hereafter be incorporated under the general law and are now in operation doing the work pro- vided for under this act, the proceeds of such tax may be placed in the hands of such association for such purposes. 678m. Statute in force only on the popular vote.] § 3. Noth- ing in this act contained shall authorize any cit}^ to levy or collect any tax herein provided for until the question of such levy shall have been submitted to the legal voters of such city and authorized by a majority of the votes cast at such election. 6780. Emergency.] § 4. Omitted. An act to enable park commissioners to maintain and govern parks and boulevards under their control. [Approved June 17, 1893; L., 1893, p. 161. 678 o. Taxation, government and maintenance.] § 1 . Be it en- acted by the peojjlc of the state of Illinois, represented in the general assemb- ly : That in any town which is now included within the limits of any city, in this state, in which a board of park commissioners shall now exist, having authority, by law, to acquire land and the appurtenances in trust for the inhabitants of such town and of the division or part of such town, for such parties or persons as may succeed to the rights of such inhabitants and for the public, as public promenades and ])leasure grounds and ways and for not other use or purpose, with- out the consent of a majority, by frontage, of the owners of the prop- erty fronting the same, and without the power to sell, alienate, mort- gage or incumber the same, the corporate authorities of any such town, Plats. 305 authorized by law, to assess taxes for park purposes, sliall, upon a re- ceipt of a certificate in writing from any such board of park commis- sioners, on or before the first day of August in each year, levy and assess, in addition to all other taxes now authorized by law to be levied and assessed, for the purpose of governing and maintaining any such parks and boulevards, one mill on each dollar of the taxable property in said town and within the park district, subject to taxation for park and boulevard purposes, according to the valuation of the same as made for the purpose of state and county taxation ; and, such additional one mill on the dollar of the taxable property in said town and park district, shall be used and expended, by such board of park commissioners, in governing and maintaining any parks, boulevards or pleasure wavs under the jurisdiction, management and control of any such board of park commissioners, and for paying any other necessary and incidental expenses incurred in and about the management of any sueh parks and boulevards and such additional one mill shall, by the officer authorized by law to assess and collect taxes for park purposes, be colleeted and paid over the same as other park taxes are now required, by law, to be collected and paid over. Ati act concerning museums in public parks. [Approved June 17, 1893; L., 1893, ]). 160. 678 p. Buildings for museums — election.] § 1. Be it enacted hy the people of the slate of Illinois^ represented in the general assembly : That the corporate authorities of cities and park districts having the control or supervision of any public park, are, hereby, authorized to purchase or erect and maintain within such public park, edifices to be used as museums for the collection and display of objects pertaining to natural history and the arts and sciences and to charge an admission fee to the same, not exceeding 25 cents for each visitor over ten years of age and not exceeding 10 cents for each visitor of ten years of age and under, the proceeds thereof to be devoted to the maintenance of s-uch museums: Provided, that, all such museums shall be open to the public without chai’ge for two days of each week and to the children in actual attendance upon any of the schools in this state at all times : and, pro- vided also, that, prior to the establishment of any such museum, this act shall have been submitted, at any election, to the electors of the city or park district proposing to establish the same and shall have been adopted by a majority of the electors voting upon such proposition at the election at which this act is so submitted. 23. PLATS. Section. Section. 679. Laying out towns etc. 684. Vacation of entire plat. 680. Certificate of surveyor — acknow- 685. Of part of plat. ledgment — record. 686. Canceling plat of record. 681. Dedication — effect of. 687. Plats of highways etc. to be made 682. Neglect to plant corner stone etc. and recorded. 683. Penalty for selling without plat re- oorded etc. m Plats. All act to revise the law in relation to plats. [Approved March 21, 1874. In force July 1, 1874. 11. S., 1874, cli. 1U9. 679. Laying out towns etc.] § 1. Be it enacted hy the people of the state of Illinois^ represented in the general assemhly^ Whenever the owner 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, adjoining or adjacent to the land so divided, giving the names, widths, courses and extent of all such streets and alleys, and numbering 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 desig- nate upon the plat the point where the same may be found. 1. One who lays out land into lots and streets has the right to locate the streets where he chooses. So, when he has erected stones to show where a street is located and staked lots abutting on each side of such street and sold lots with reference thereto, which lots have been improved and the location of the street has been acquiesced in, by the public, for twenty years, purchasers and a city, having taken the street in trust for the public, will be bound by the monuments, in determining the location of the street, and any attempt to change its actual location equity will restrain; Lull v. Chicago, 68 111., 518. 680. 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, iu tlie same manner as deeds of laud are required to be acknowledged. The certificate of the surveyor and of acknowledgment, together with the plat, shall be recorded in the recorder’s office of the county in which the land is situated, ar)d 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. 681. Dedication — effect of.] § 3, The acknowledgment and re- cording of such plat shall be held in law and in equity to be a convey- ance in fee simple of such portions of the pi’emises platted as are marked or noted on such jilat as donated or granted to the public, or any person, religious society, corporation or body ])oIitic. 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 tlierein Plats. 307 named or intended, and for no other use or purpose. And, the prem- ises intended for any street, alley, way, common or other public use in any city, village or town, or addition thereto, shall be held in the cor- porate name thereof in trust to and for the uses and purposes set forth or intended. 1. A town plat, when duly certified, acknowledged and recorded according to the statute, is deemed, in law and equity, a sufficient conveyance to vest the fee simple of the land, therein designated as for public squares, parks, commons, streets, alleys or other public uses, in the corporation, for the uses and purposes expressed or in- tended, and as a general warranty against the donor to the donee for the uses and purposes mentioned; Lee v. Mound Stat., 118 111., 312; LaSalle t>. Matt. etc. Co., 16 App., 73; Jacksonville v. Jacks. Ry. Co., 67 111., 540. If the plat be recorded before the town has a corporate existence, the fee remains in abeyance, subject to vest in the corporation so soon as it is created. Making and recording the plat operates as a grant of the fee, to the municipality, as effectually as a deed would; Gebhardt^. Reeves, 75 111., 301; Brooklyn v. Smith, 104 111., 429; Zinc Co. v. LaSalle, 117 111., 414. 2. The public acquires the use of alleys by the mere platting of a town — if there be no adverse possession; Hatton v. Chatham, 24 App., 622. 3. The fee vested in a municipality under this statute is a base or determinable fee, determined bv some act or event which circumscribes its continuance; Zinc Co. o. LaSalle, 117 111., 414. 4. Town laid out and platted by the state; fee of the streets vests in the municipality; Zinc Co. -y. LaSalle, 117 111., 414. 5. If property be conveyed by public authorities platted as grounds dedicated to public use and other adjacent property be sold on the faith of such use and in con- sideration of the benefits resulting therefrom, such public property can not be sold; but a delay of fifty years in asserting the right will bar; Lyman v. Gedney, 114 111., 395. 6. Conveyance by plat restricts grantee to the boundaries as shown by the plat ; Trustees i\ Schroll, 120 111., ol7. 7. A conveyance of a lot abutting on a street dedicated by platting carries title only to the street — not to its center; Zinc Co. y. LaSalle, 117 111., 414. 8. Dedication of land to public use may be by survey and plat, without any declara- tion, if the intention be evident; Maywood Co. y. Maywood, 118 111., 65. 9. Dedication of land to public use, by plat or otherwise, is matter of intention; Elgin y. Beckwith, 119 111., 371. 10. If a land owner lays out and plats ground as a village and assents 4o the use of a part as a park and the inhabitants have actually enjoyed that use in such way and for such time as tliat public and private rights will be materially affected by an interruption there is a dedication; Maywood Co. y. Maywood, 118 111., 65. 11. Recorded plat of a village showing a block marked as a public park with con- stant, open and notorious user by the public as such is notice to holders of bonds undera trust deed covering the land; Maywood Co. y. Maywood, 118 111., 65. 12. Land owner platting a town showing lands set apart for streets and parks; con- veyance of lots implies such lands shall for ever be open to such public uses, free from inconsistent claim or interference; Maywood Co. y. Maywood, 118 111., 65. 13. There may be a donation to the public — or to any individuals — by a plat sub dividing land into lots. So, where a square is designated on a plat, marked “ private ”, and lots are made to front thereon, the word “ private ” will indicate that the square is donated for the use of individuals who, thereafter, should become the owners of such lots — not to the public. After the sale of such lots, by the plat, the grant of the square will become irrevocable; Smith y. Heath, 102 111., 136. 14. Acceptance by municipal authorities is necessary to the dedication of streets and alleys by acknowledgment and record of plat; Hamilton y. C., B. & Q. RR. Co., 124 111., 241. 15. Some act showing acceptance of dedication of streets must be shown to pass the fee thereof to a town; Hamilton y. C., B. & Q. RR. Co., 124 111., 241. 16. Incorporated villages and cities may refuse to accept the proposed dedication of a street; Marseilles y. Howland, 124 111., 551. l^LATS. m 17. Until acceptance of dedication of streets and alleys by town plat the fee remains in the original owner; Hamilton v. C. B. Q. R. R. Co., 124 111., 241. 18. No acce])tance by nuinicii)5il authorities of streets dedicated by plat; conveyance of lots by original owner carries title to the street center; the fee pa.sses to grantee burdened witli the offer of dedication; Hainilton v. C., B. & Q. RH. (,’o., 124 111., 241. 11). d'itle does not revert to the original owner after convevance of the lot abuttinfr- Hamilton r. C., B. & Q. RR. Co., 124 111., 241. 20. After dedication of lands for streets by ]dat the ])ublic authorities are not r(!quired to accept at onc(g a reasonable time is to be allowed for opening and improv- ing according as means and public need allow and require; Lake Abew LeBahn, 120 111., 1)8. 21. Dedication of a .street or highway by an individual; if it appears beneficial and necessary to the ])ublic, acceptance is presumed from slight circumstances; Mann v. Elgin, 24 App., 419. 22. Acceptance by the public is indicated by actual u.se of the land for the purpose indicated; Maywood Co. v. Maywood, 118 111., 05. 23. Demand for possession and a deed by a village succeeding to the public rights indicates acceptance; failure to improve after refusal does not evidence non acceptance; Maywood Co. v. Maywood, 118 111., 65. 24. Town or village platted and afterward incorporated; election of officers and per- formance of all necessary corporate acts evidence acceptance by the public of streets and grounds as platted and ve.sts title thereto in the corporation; Lee v. Mound Sta- tion, 118 111., 312. 682. Neglect to plant corner stone etc.] § 4. Whoever shall lay out any town or make any addition to any city, village or town, or re- subdivide any lots or blocks therein, and neglect to any corner stone when required by this act, or shall survey the same or cause it to be surveyed in any other manner than that which is prescribed in this act, shall be hned in any sum not less than $25 nor exceeding $100. 1. Stones required, by law, to mark the location of streets and public grounds, have the same force and effect as original monuments erected by government surveyors and, in case of discre]iancv, will govern and control measurements; Lull v. Chicago, 68 111., 518, 683. Penalty for selling without plat recorded etc.] § 5. Who- ever 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 re-subdivision of any lot or block therein, before all the requi- sitions 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. 684. Vacation of entire 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, exe- cuted, 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 di- vest 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 provided by all the owners of lots in such plat joining in the execution of such writing. 685. 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 con- ditions therein prescribed: Provided, such vacation shall not abridge Plats. 300 or destroy any of the rights or privileges of other proprietors in such plat: And, provided, further, that no thing contained in this section shall authorize the closing or obstructing of any public highway laid out according to law. 1. On the entire and permanent abandonment of a street by vacation of the plat the property in the street reverts to the dedicator; Zinc Co. v. LaSalle, 117 111,, 414, 2. Dedication by plat of town, village or addition, may be revoked before accept- ance, by deed; but not by recording a new plat after a first is recorded; Lee v. Mound Station, 118 111., 312. 3. Land dedicated for streets by acknowledgment and recording of a proper plat; the dedication can not be revoked even before acceptance by the town; Lake Viewy. LeBahn, 120 111., 98. 4. Under this statute a plat as to any part of a lot may be vacated by the owner of such plat before any lots within the plat are sold or, after the lots have been sold, by the owners in such part joining in the vacation; Chi. Anderson P. B. Co. v. Chicago 138 111., 632. 5. The rights of the proprietors of lots included in a plat § (685) are legal rights. Such parties can not, therefore, be affected by the closing of"" streets not adjacent to their property nor directly affording access thereto or egress therefrom; Chi. Ander- son P. B. Co, V. Chicago, 138 111. 632. 6. The owner of two lots in a city addition, by his deed, duly executed, declared that he vacated the plat of such lots and a strip of land lying immediately south of the lots, which had been laid out as a public street by the city authorities. It, also, appeared that he owned the lots lying immediately south of the strip. The deed operated as a vacation of the plat of the lots and the strip of land; Chi. A. P. Brick Co. Chicago, 138 111., 631. 686 . Canceling plat .of record.] § 8. When any plat or part thereof is vacated, tlie recorder in wliose 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. 687. 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 corporations, public or private, laying out, locating, opening, widening, extending or altering the same, to cause a plat thereof showing the width, courses and extent thereof, and making such reference to known and established corners or monuments that the location thereof may be ascertained, to be made, and recorded in the office of the recorder of the county in which the premises taken or used for the same, or any part thereof, are situated, within six months after such highway, road, street, alley, public ground, toll road, railroad or canal is laid out, located, opened, widened or extended, or the loca- tion thereof altered ; and, when any highway, road, street, alley, public ground, toll road, railroad or canal is vacated, the order, ordinance or other declaration vacating the same shall be in like manner recorded. This act shall not be construed to alter or affect anj^ 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 re- quirements to record such plat in any other place than is provided herein 310 Policeman’s and Fireman’s Funds. 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 7 half to the use of the county and the other half to the use of the person complaining. 24. POLICEMAN’S AND FIREMAN’S FUNDS. Section. 688. Relief fund, Low created. 689. Mayor etc. trustees of fund. 690. Board to control fund. 691. Treasurer to give bond for fund. 692. Warrants drawn on treasurer. 693. Permanent disability — death — an- nuity. 694. Who entitled to benefits. 695. How money paid out. 696. Repeal. 697. Police pension fund, how created. 698. Fund commissioners. 699. Who to be pensioned — twenty years’ service. 700. Physical disability — retiring from service. 701. Certificate of disability. 702. Death in performance of duty or in service. 703. Report for examination — service in case of emergency. 704. Pension lost by crime etc. 705. Board meetings — officers. 706. Powers of board. 707. Treasurer’s report. 708. Beneficiaries under act of 1877. Section. 709. Fireman’s pension fund, how created. 710. Trustees of fund. 711. Management of fund — assessment of members — record of meetings. 712. Rewards, gifts, devises etc. — perma- nent fund. 713. Power of board to draw and invest . fund. 714. When fund applicable. 715. Retirement for physical or mental disability. 716. Death while in the performance of duty etc. 717. Beneficiaries under act of 1877. 718. Retirement after twenty-two years service. 719. Application of the act. 720. Custodian of fund — books and ac- counts — bond. 721. Mayor etc. to draw warrants. 722. Money paid only on warrants signed etc. — interest from fund. 723. Report of condition of fund. 724. Fund not subject to levy. 725. Repealing clause. An act to amend “ An act for the relief of disabled members of the police and fire departments in cities and villages”, approved May 24, 1877. In force July 1, 1877. [Approved May 10, 1879. In force July 1,1879. L. 1879, p. 72. 1. This statute was intended as a revision of all statutes on the subject embraced in its title. It, therefore, repealed charter provisions — in this case of Chicago — for the setting apart of a portion of the fire insurance rates received by the city; Benev. Ass’n V. Farwell, 100 111., 199. 688. Relief fund, how created.] § 1. it enacted hy the people of the state of Illinois^ represented in the general assembly^ That, sec- tion one of an act entitled ‘‘ An act for the relief ot disabled members of the police and fire departments in cities and villages ”, approved May twenty-fourth, eighteen hundred and seventy-seven, in force J nly one, eighteen hundred and seventy-seven, as amended by act approved May ten, eighteen hundred and seventy-nine, in force July one, eighteen hundred and seventy-nine, be and the same is, liereby, amended so as to read as follow’s : Policp^man’s and Fireman’s Funds. 311 That one-half of all the rates, taxes and license fees which are, or may be hereafter required by law, to be paid by corporations, companies or associations not incorporated under the law’s of this state, engaged in any village or city in this state effecting lire insurance, and one-fourtli of all moneys collected as a tax on dogs, wdiere such city or village contains a population of ten thousand or more, has a regularly organized fire department, by such city or village, and all moneys received from lines intiicted upon members of the police and lire departments for a violation of the rules and regulations of the service, and all lines recov- ered for violation of the lire ordinances and all moneys accruing from the sale of unclaimed stolen property, shall be set apart by the treasurer of the city or village to whom the same shall be paid, as a fund for the relief of disabled members of the police and lire departments of such citv or village. [As amended by act approved June 23, 1883. In force July 1 , 1883. L. 1883, p. 59. 689 . Mayor etc. trustees of fund.] § 2 . The mayor or presi- dent of the board of trustees, the superintendent or chief officer of the police department, the lire marshal or chief officer of the fire department, and the chairman of the committee on police and fire and w’ater, of the city council or board of trustees of the city or village, wdth the comptroller (if there be one) or city clerk and treasurer, shall constitute and be a board by the name of the trustees of the police and firemen’s relief fund, and the treasurer of the city or village shall be custodian of the funds of said police and firemen’s relief fund. The said board shall select from their number a president and secretary. ' 690 . Board to control fund.] § 3. The said board shall have the exclusive control and management of the fund mentioned in the first section of this act, and of all money donated, paid, or assessed for the relief of disabled policemen or firemen, and shall have the powder to assess each and every member of the police and fire department of such city or village, including all such persons who, having become entitled to the benefits of this fund, wdiile such members of said police and fire departments, have not forfeited their rights to share in such benefits after leaving such departments, as hereinafter provided, not to exceed the sum of five dollars ($5) per annum, which shall be received and held by the treasurer of said relief fund, in like manner as the other moneys herein provided, to be paid to him ; and any person who, hav- ing become entitled to the benefits of this fund, shall not, within one month after notice in writing to him from said board of the assessment against him, pay the same, shall not be entitled to, or receive any bene- fits secured to him under the provisions of this act, unless he shall make w'ritten application to tli’e trustees of the fund to become a member thereof, and shall have by a majority vote of said trustees been admitted to membership in said organization, and upon his making payment of all delinquent assessments due lyy him accruing during his membership in such police or fire department. The said board may make all need- ful rules and regulations for its government in the discharge of its m Policeman’s and Fireman s Fund. duties, and shall hear and decide all applications for relief under this act, and its decisions on such applications shall be final and conclusive, and not subject to review or reversal except by the board : Provided, that nothing herein contained shall render tlie payment of any sum of money or annuity which may be awarded by the board, obligatory on the board, or chargeable against it as a legal right; but, the board may, at any time in its discretion, order that such sums of money or annuity shall be reduced, or that payment of the same shall not be made. The board shall cause to be kept a record of all its meetings and proceedings. 691. Treasurer to give bond for fund.] §4. The treasurer of the board shall be the custodian of the fund, in the first section of this act men- tioned, and all moneys donated, paid, or assessed toward or on account of the relief fund hereby created, and shall secure and safely keep the same subject to the control and direction of the board, and shall keep his books and accounts in such a manner as may be prescribed by the board, and the same shall always be subject to the inspection of the board, or any member thereof. The treasurer shall, within ten days after his election or appointment, execute a bond to the city or village, as the case may be, with good and sufficient securities, in such penal sum as the board may direct, to be approved by the board, con- ditional for the faithful performance of the duties of his office, and that he will safely keep and well and truly account for all moneys and pro- perty which may come to his hands as such treasurer, and that, on the expiration of his term of office, he will surrender and deliver over to his successor all unexpended moneys and all property which may have come to his hands as such treasurer. 8nch bond shall be filed in the office of the clerk of such city or village, and in case of a breach of the same, or the conditions thereof, suit may be brought on the same, in the name of such city or village, for the use of said board, or of any person or persons injured by such breach. 692. Warrants drawn on treasurer.] § 5. It shall be the duty of the mayoi-, and clerk, or the comptroller if there be one, and the officer or officers of such city or village, who are or may be authorized by law to draw warrants upon the treasurer of such city or village, upon request made in writing by said board, to draw warrants upon the treasurer of such city or village, payable to the treasurer of said board, for the fund set apart by such city or village treasurer, as prescribed by the first (1) section hereof. 693. Permanent disability — death— annuity.] §6. When, in the judgment of the board, a sufficient amount shall have accumulated in said fund to justify the application thereof to the use for which the same is hereby created, if any member of the police or fire departments, while in the actual performance of duty or other person entitled to the benefits of this fund as hereinafter provided, shall become permanently disabled, so as to render proper his retirement from membership, a sum not exceeding six hundred dollars ($600) per annum, or such less sum as, in the judgment of the board, the fund will justif}% shall be paid to such member out of said fund ; or if any member, while in the actual dis- Policeman’s and Fireman’s Fund. 313 charge of duty, shall be killed, or shall die from the immediate effects of an injury received by him while in such dischai’ge of duty, or shall die after ten years’ service in the police or fire departments, and shall leave a wddow, or if no widow, any child or children under the age of sixteen (16) years, a sum not exceeding six liiindred ($600) dollars per annum, or such less sum as, in the judgment of the board, the condition of the fund will justify, shall be paid to such widow so long as she shall remain unmarried, or to such child or children while under the age of sixteen years. 694 . Who entitled to benefits.] § 7. Any person who shall have served in either the police or fire departments of said city or village for the full term of ten ( 10 ) years, and shall have paid in to the fund hereby provided for all assessments regularly made upon hitn by the board of trustees as required by this act, and the regulations of the said board of trustees passed in pursuance of this act, and shall have com- plied with all the rules and regulations lawfully established by the board of trustees in the same manner as if such person was an active member in said police or tire department, may continue his member- ship in this organization, and be entitled to the benefits of this fund after he shall have ceased to be a member in either said police or fire department, by complying with all the provisions of this act, relative to the payment of assessments etc., the same as prior to his ceasing to be a member of said departments, and the widow or children of such person shall be entitled to all benefits hereby secured to other members of this organization. 695 . How money paid out.] § 8 . All moneys ordei*ed to be paid from said relief fund to any person or persons shall be paid by the treasurer of said board, onl}", upon warrants signed by the president of the board and countersigned by the secretary, and no warrant shall be drawn except by order of the board, duly entered in the record of the proceedings of the board. In case the said relief fund, or any part thereof, shall by order of the said board, or otherwise, be deposited in any bank, or loaned, all interest on money which may be paid or agreed to be paid, on account of any such loan or deposit, shall belong to and constitute a part of said fund : Provided, that no thing herein contained shall be construed as authorizing the said treasurer to loan the said fund, or any part thereof, unless so authorized by said board. 696 . Repeal.] § 9. All acts or parts of acts, or amendments thereto, heretofore enacted, and in anv manner conflicting with the provisions of this act, are hereby expressly repealed. An act to provide for the setting apart, formation and disbursement of a police pension fund, in cities, villages and incorporated towns. [Approved April 29, 1887. In force July 1, 1887. L. 1887, p. 122. 697 . Police pension fund — how created.] § 1. Beit enacted the people of the state of Illinois^ represented in the general assemhly^ That in each city, village, or incorporated town in this state, having a population of fifty thousand inhabitants or more, there shall be paid to ]^oliceman’s and Fireman’s Fends. the treasurer thereof, and by liirn to tlie comptroller (if there be one), set apart, the following moneys, to constitute a police pension fund, viz.: viz.: First — Tw’o ])er centum of all money’s received from licenses for the kee])ing of saloons oi‘ dram shops. ^ Second — Three-fourths of all moneys received for taxes or from licenses upon dogs. Third — All moneys received from fines im])osed upon members of the police force of said city, village, or town, for violation of the rules and regulations of the police department. Fourth — All proceeds of sales of unclaimed stolen ])roperty. Fifth — One-fourth of all moneys received from licenses granted to j^awnbrokers, second hand dealers and junk stores. Sixth — All moneys received as fees and from tines for carrying con- ce iled weapons. Seventh — One-lialf of all costs collected in money for violation of city ordinances. Eighth — All rewards given or paid to members of such police force ; except such as shall be excepted by the chief officer of police. Ninth — One per centum per month, which shall be paid by, or deducted from the salary of each and eveiy member of the police force of such city, village or towm : Provided, no such member shall be com- pelled to pay more than two dollars per month from his salary. 698. Fund commissioners.] g 2. The president of the board of trustees, the comptroller, the city, village or town, clerk, the superin- tendent or chief olticer, or, in his absence or inability to act, then, the officer next in authority to him of the police department, the city, vil- lage or town, treasui’er, and the city, village or town, attorney of any such city, village or town, shall ex officio be and constitute a board of commissioners, to provide fur the disbursement of said fund or funds and designate the beneficiaries thereof as herein directed, which board shall be known as the board of police pension fund commissioners of such city, village or town. 699. Who to be pensioned — twenty years’ service etc.] § 3 . Whenever any person, at the time of the taking effect of this act or thereafter, shall have been duly appointed and sworn, and have served for the period of twenty years or more, upon the regularly constituted police force of any such city, village or town of this state, which now is, or hereafter may be, subject to the provisions of this act, said board shall order and direct that such person shall, after becoming fifty years of age, and his service upon such police force shall have ceased, be paid from such fund a yearly pension equal to one-half the amount of the salary attached to the rank which he may have held on said police force for one year next preceding the expiration of said term of twenty years. 700. Physical disability — retiring from service.] § 4 . When- ever any person, while serving as a policeman in any such city, village 01 town, shall become physically disabled while in, and in consequence of, the performance of his duty as such policeman, said board shall upon Policeman’s and Fireman’s Funds. 315 liis written request, oi' without such request if it deem it for the good of said police force, retire such person from active service, and order and direct that he be paid frorh said fund a yearly pension, not exceed- ing one-half the amount of the salary attaclied to the rank which he may have held on said police force for one year next preceding such retirement : Provided, that whenever such disability shall cease such pension shall cease. 701. Certificate of disability.] § 5. N’o person shall be retired as provided in the next preceding section, or receive any benefit from said fund, unless there shall he tiled with said board certificates of his dis- ability, wdiicli certificates shall be subscribed and sw’orn to by said per- son and by the police surgeon (if there be one) and two practicing physicians of such city, village or town ; and, such board may require other evidence of disability before ordering such retirement and pay- ment as aforesaid. 702. Death in performance of duty or in service.] § 6 . Whenever any member of the police force of such city, village or town, shall lose his life wdiile in the performance of his duty, or receive injuries from which he shall thereafter die, leaving a widow or child or children under the age of sixteen years, then, upon satisfactory proof of such facts made to it, such board shall order and direct that a yearly pension, equal to one-half the amount of the salaiT attached to the rank which such mem- ber held on said ])olice force at the time of his death, shall be paid to such widow during her life, or if no widow, then to such child or chil- dren, until they shall be sixteen years of age: Provided, if such widow or child, or children, shall marry, then such persons so marrying shall thereafter receive no further pension from such fund. Wlienever any member of the police force shall die after ten years’ service therein, and while still in service of such city, village or town, as such policeman, leaving a widow, or child or children under the age of sixteen years, then, upon sati^factory proof of such facts made to it, said board may order and direct that such pension as said board may deem proper, not exceeding one-half the amount of the salary attached to the rank which he held at the time of his death, shall be paid to such widow, or if there be no widow, then to such child or children, until they shall be sixteen years of age, said ])ension to cease upon marriage, as provided above. 703. Report for exmination — service in cases of emergency.] § 7. Any person retired for disability, under this act, may be summoned to appear before the board, herein provided for, at any time thereafter, and shall submit himself thereto for examination as to his fitness for duty, and shall abide the decision and order of such board with refer- ence thereto. And, all members of the police force who may be retired under the provisions of this act, except those who voluntarily retire after twenty years’ service, shall report to the chief of police of the city, vil- laiie or town where so retired, on the second Tuesday of each and every month and, in cases of emergency, may be assigned to and shall ])erform such duty as said chief of police may direct, and such persons shall have no claim against the city, village or town, for payment for such duty so performed. 31f) Policeman’s and Fireman’s Funds. 704. Pension lost by crime etc.] § 8. Whenever any person who shall have received any benelit from said fund shall be convicted of any crime or misdemeanor, or shall become an lialjitual drunkard, or shall become a non resident of this state, or shall fail to re})ort himself for examination for duty as required herein, unless excused by the board, or shall disobey the requirements of said board, under this act, in re- spect to said examination or duty, then, such board shall order that such pension allowance as may have been granted to such person shall imme- diately cease and determine, and such person shall receive no further [)ension, allowance or benefit, under this act. 705. Board meetings — officers.] §9. The board herein provided for shall hold (piarterly meetings on the second Tuesdays of April, July, October and January of each year, and upon the call of its president ; it shall select from its members a president and secretary, who shall hold such respective positions until their successors are elected ; it shall issue certificates, signed by its president and secretary, to the persons entitled thereto, of the amount of money ordered paid to such persons from such fund by said board, which certificates shall state for what purpose such payment is to be made ; it shall keep a record of all its proceedings, which record shall be a public record ; it shall on the Tuesday named above, or at each quarterly meeting, send to the treasurer of its city, village or town, and to the comptroller, or city, village or town clerk, a written or printed list of all persons entitled to payments, from the fund herein provided for, stating the amount of such payments and for what granted, as ordered by such board, which list shall be certified and signed by the president and secretary of such board, and by the secretary thereof, attested under oath. A majority of all the members of said board shall constitute a quorum, and have power to transact business : Provided, that no resolution shall be passed, or order made by such board, for the payment of money, unless by the affirmative vote of a majority of all the members thereof. 706. Powers of board.] § 10 . The board herein provided for shall, in addition to other powers herein granted, have power: First — To compel witnesses to attend and testify before it, upon all matters connected with the operation of this act, in the same manner as is or may be ])rovided by law for the taking of testimony before masters in chancery, and its president, or any member of said board, may administer oaths to such witnesses. 1. See § 534, note 2, p. 241. Second — To appoint a clerk and define his duties. Third — To provide for the payment from said fund of all its neces- sary expenses, including clerk hire, printing and witness fees: Provi- ded, that no compensation or emolument shall be paid to any member of said board for any duty required or performed under this act. Tonrth — To make all needful rules and regulations for its guidance in conformity with the provisions of this act. Policeman’s and Fireman's Funds. 317 707. Treasurer’s report.] § 11 . On the third Tuesday of April of each year the treasurer of every such city, village or town shall make a sworn report to the board herein provided fur, and to the mayor and city council of such city, or the president of, and the board of trustees of such city, village or town, of all moneys received and paid out by him on account of said fund, during the previous year, and of the amount of said fund then in his hands; and, all surplus of said funds then remaining in his hands, exceeding the average amount per year paid out by him on account of said fund during the three years next preceding, shall be by him transferred to, and become a part of, the funds of every such city, village or town, and no longer under the control of said board or subject to its order, and whenever this act shall take effect in any such city, village or town, the treasurer thereof shall give a new bond the same as now is, or hereafter may be, required by law, which new bond, when so given and the sureties thereon, shall be for the security of such fund, the same as other funds belonging to any such city, village or town. Payments provided for in this act shall be made by such treasurer quarterly, upon |)roper vouchers. 708 . Beneficiaries under act of 1877 .] § 12. All members of the police force, and any widow or child or children of such members of any such city, village or town, who, upon taking effect of this act, shall be entitled to receive any benefit under an act entitled An act to amend an act for the relief of disabled members of the police and fire departments in cities and villages”, approved May twenty-fourth, eighteen hundred andseventv-seven, in force July first, eighteen hundred and seventy-seven, as amended by act approved May tenth, eighteen hundred and seventy-nine, in force July first, eighteen hundred and seventy-nine, shall receive no payments or benefits under said act, but shall, in lieu thereof, be entitled to the benefits provided for in this act. But, if, at any time, there shall not be sufficient moneys belonging to such fund to pay the allowances of such board to its beneficiaries, then they shall be paid pro rata from such fund, but no allowance or order of such board shall be held to create any liability against any such city, village or town, except upon the fund so set apart as aforesaid for the payment thereof. An act to create a board of trustees of the firemen’s pension fund ; to provide and distribute such fund for the pensioning of disabled fire- men, and the widows and minor children of deceased firemen ; to authorize the retirement from service and the pensioning of mem- bers of the fire department, and for other purposes connected there- with, in cities, villages or incorporated towns whose population ex- ceeds fifty thousand inhabitants, having a paid fire department. [Approved May 13, 1887. In force July 1 , 1887. L. 1887, p. 117. 709 . Fireman’s pension fund, how created— treasurer.] § 1. Be it enacted hy the peoyyle of the state of Illinois^ represented in the general assembly. That, in all cities, villages or incorporated towns whose population exceeds fifty thousand, having a paid fire department, I’OUCEMAN’s and FlIiEMAN’s FUNDS. :us one (1) per centum of all revenues collected or received bj such cities, villages or incorporated towns from licenses issued by such cities, vil- lages or incorpoi-ated towns, shall be set apart by the treasurer of such cities, villages or incorporated towns, to whom the same shall be paid, as a fund for the ])ensioning of disabled and su])erannuated members of the fire departments, and of the widows and orphans of deceased members of the fire de])artments of such cities, villages and incorpora- ted towns. The treasurers of such cities, villages or incorporated towtis shall be ex officio treasurers of such fund. 710. Trustees of fund.] § 2. The treasurer, clerk, attorney, mar- shal or chief officer of the fire department, and the comptroller of such city, village or incorporated town, shall constitute and be a board by the name of the “ Board of Trustees of the Firemen’s Pension Fund The said board shall select from their number a president and secre- tary : Provided, that in villages and incorporated towns the ‘‘ Board of Trustees of the I"i remen’s Pension Fund” shall consist of the presi- dent of the board of trustees, the town or village clerk, the town or village attorney and the chief officer of the fire department. 711. Management of fund — assessment of members — record of meetings.] 3. The said board shall have exclusive control and management of the fund mentioned in the first section of this act, and of all money donated, paid or assessed for the relief or pensioning of disabled, superannuated and retired members of the fire departments, their widows and minor children, and shall assess each member of the fire department not to exceed one per centum of the salary of such Tueraber, to be deducted and withheld from the monthly pay of each member so assessed, the same to be placed by the treasurer of such city, village or incorporated town, who shall be ex officio treasurer of such board, to the credit of such fund, subject to the order of such boai’d. The said board shall make all needful rules and regulations for its government in the discharge of its duties, and shall hear and decide all applications for relief or pensions under this act, and its decisions on such applications shall be final and conclusive and not subject to review or reversal, except by the board. The board shall cause to be kept a record of all its meetings and proceedings. [As amended by act approved March 28, 1889. In force July 1, 1889. L. 1889, p. 80. 712. Rewards, gifts, devises etc. — permanent fund.] All i-ewards in moneys, fees, gifts and emoluments that may -be paid or given for or on account of extraordinary services by said fire depart- ment, or any member thereof (except when allowed to be retained by said member, or given to endow a medal or other permanent or com- petitive award), shall be paid in to said pension fund. The said board of trustees may take by gift, grant, devise or bequest, any money, real estate, personal property, right of property or other valuable thing, the annual income of which shall not exceed one hundred thousand dollars (,$100,000) in the whole; and, such money, real estate, pei'sonal propeity, right of property or other valuable thing so obtained (also all fines and penalties imposed U])on members of such fire department) shall, in like Policeman’s and Fireman’s Funds. 31 !) manner, be paid in to said pension fund and treated as a part thereof (for the uses of such pension fund) : Provided, that the sum of two hundred thousand dollars ($200,000), which may he received and accu- mulated, shall be, when so received and accumulated, retained as a permanent fund, and thereupon and thereafter the annual income may be made available for the uses and purposes of such pension fund. [As amended by act approved March 28, 1889. In force July 1, 1889. L. 1889, p. 80. 713 . Power of board to draw and invest fund.] § 5. The said board of trustees shall have power to draw such pension fund from the treasury of such city, village or incorporated town, and may invest such fund, or any part thereof, in the name of the “ Board of Trustees of the Firemen’s Pension Fund ”, in interest bearing bonds of the United States, of the state of Illinois, of any county of this state, or of any township or any municipal corporation of the state of Illinois. And, all such securities shall be deposited with the treasurer of said city, village or incorporated town as ex officio treasurer of said board, and shall be subject to the order of said board. 714 . When fund applicable.] § 6 . The interest received from any such investment of said fund, after said fund shall have reached the sum of two hundred thousand dollars, shall be applicable to the pay- ment of pensions under this act. And, when such interest shall become so applicable, it shall be in the powei* of the council of said city, village or incorporated town to diminish such annual rate of one (1) per centum from licenses, so that said income from interest and from licenses shall meet the requirements of the pension lists, as provided by this act. 715 . Retirement for physical or mental disability.] § 7. If any member of the fire department of any such city, village, or incor- porated town, shall, Avhile in the performance of his duty, become and be found, upon an examination by a medical officer ordered by said board of trustees, to be physically or mentally permanently disabled, by reason of service in such department, so as to render necessary his retirement from service in said lire department, said board of trustees shall retire such disabled member from service in such tire department : Provided, no such retirement on account of disability shall occur unless said member has contracted said disability wiiile in the service of such fire department. Upon such retirement, the said board of trustees shall order the payment to such disabled member of such fire depart- ment, monthly, from said pension fund, a sum equal to one-half the monthly compensation allowed to such member as salary at the date of his retirement. [As amended by act approved March 28, 1889. In force July 1 , 1889. L. 1889, p. 80. 716 . Death while in the performance of duty etc.] § 8 . If any member of such tire department shall, while in the performance of his duty, be killed or die, as the result of an injury received in the line of his duty, or of any disease contracted by reason of his occupation, or it any member of such fire department shall, while in said service, die from any cause while in said service, or during retirement, or after POMCKMAX’S AND FlIiEMAX’S FeNDS. retirement after twenty-two years’ service, as hereinafter provided, and shall leave a widow, minor child or minor children under sixteen years of a^e, siirvivirjg, said board of trustees shall direct the payment from said pension fund of the following sums monthly, to wit: To such widow, while unmarried, thii’ty dollars; to the guardian of such minor child or children, six dollars for each of said children until it, or they, reach the age of sixteen 3’ears : Provided, however, that there shall not 1)0 paid to a family of a deceased member a total ]>ension exceeding one-half the amount of the monthly salary of such deceased member at the time of his decease; or, if a retired member, a sum not exceeding one-half the amount of the monthly salary of such retired member at the date of his retirement. If, at any time, there shall not be sufficient money in such pension fund to pay each person entitled to the benefits thereof the full amount per month, as hereinbefore provided, then, and in that event, an equal per centage of such monthly payments shall be made to each beneficiary thereof, until the said fund shall be replenished to warrant the payment in full to each of said beneficiaries. [As amended by act a])proved March 28, 1889. In force July 1, 1889 L. 1889, p. 80. 717. Beneficiaries underact of 1877.] § 9. Tlie widows and orphans of deceased firemen and retired members of the fire department, who are now entitled to pension or annuity under the provisions of an act entitled “ An act for the relief of disabled members of the police and fire departments in cities and villages”, approved May twenty-four, eigh- teen hundred and seventy-seven, as amended, shall be entitled to the benefits, pensions and annuities provided for by this act : Provided, such persons shall thereupon cease to receive pensions, relief or benefits under said act of May twenty-four, eighteen hundred and seventy-seven. 718. Retirement after twenty-two years’ service.] § 10. Any member of the fire department of any such city, village or incorporated town, after becoming fifty years of age and having served twenty-two years or more in such fire department, of which the last two years shall be continuous, may make application to be relieved from such fire depart- ment, or if he shall be discharged from such fire department, the said board of trustees shall order and direct that said person shall be paid a monthly pension equal to one-half the amount of salary attached to the rank which he may have held in said fire department at the date of his retirement or discharge ; and the said board, upon the recommendation of the fire marshal or chief officer of any fire department, provided for in this act, shall have the power to assign members of the fire depart- ment retired or drawing pensions, under this act, to the performance of light duties in such fire department in case of extraordinary muergencies. After the decease of such member, his widow or minor child or chil- dren under sixteen years of age, if, any surviving him, shall be entitled to the pension provided for in this act ; but, no thing in this or any other section of this act shall warrant the payment of any annuity to any widow of a deceased member of such fire department after she ehall have remarried. [As amended by act approved March 28, 1889. In force July 1, 1889. L. 1889, p. 80. Policeman’s and Fireman’s Fends. 321 719. Application of the act.] § 11 . Tliis act shall apply to all per- sons who are now, or shall hereafter become, members of such fire de- partments, and all such persons shall be eligible to the benefits secured by this act. 720. Custodian of fund — books and accounts — bond.] § 12 . The treasurer of the board shall be the custodian of said pension fund, and shall secure and safely keep the same, subject to the control and direction of the board ; and shall keep his books and accounts concern- ing said fund in such manner as may be prescribed by the board ; and the said books and accounts shall always be subject to the inspection of the board or an}^ member thereof. The treasurer shall, within ten days after his election or appointment, execute a bond to the city, vil- lage or incorporated town, with good and sufficient securities, in such penal sum as the board shall direct, to be approved by the board, con- ditioned for the faithful performance of the duties of his office, and that he will safely keep and well and truly account for all moneys and pro- perty which may come in to his hands as such treasurer ; and that on the expiration of his term of office he will surrender and deliver ov^er to his successor all unexpended moneys and all property which may have come to his hands as treasurer of such fund. Such bond shall be filed in the office of the clerk of such city, village or incorporated town, and in case of a breach of the same, or the conditions thereof, suit mav be brought on the same in the name of such city, village or incorporated town, for the use of said board, or of any^ person or persons injured by such breach. 721. Mayor etc. to draw warrant.] § 13. It shall be the duty of the mayor, or the president of the board of trustees and clerk, or the comptroller, if there be one, and the officer or officers of such city, vil- lage or incorporated town who are or may be authorized by law to draw" w-arrants upon the treasurer of such city^, village or incorporated town, upon request made in writing by said board, to draw^ warrants upon the treasurer of such city, village or incorporated town, pay^able to the treasurer of said board, for all funds in the hands of the treasurer of such city, village or incorporated town belonging to said pension fund. 722. Money paid only on warrants signed etc. — interest from fund.] § 14. All moneys ordered to be paid from said pension fund to any person or persons shall be paid by the treasurer of said board, only, upon w^arrants signed by the president of the board and counter- signed by" the secretary thereof; and, no w’arrant shall be drawn except by order of the board duly entered in the records of the proceedings of the board. In case the said pension fund or any part thereof shall, by order of said board or otherwise, be deposited in any bank, or loaned, all interest or money which may be paid or agreed to be paid on ac- count of any such loan or deposit, shall belong to and constitute a part of said fund : Provided, that no thing herein contained shall be con- strued as authorizing said treasurer to loan or deposit said fund, or any part thereof, unless so authorized by the board. PuHLic Buildings. ‘^99 723. Report of condition of fund. ] § 15. The board of trustees shall make report to the council of said city, village or incorporated town, of the condition of said ])cnsioii fund on the first day of January in each and eveiy year. 724. Fund not subject to levy.] § 16 . No portion of said pension fund shall, either before or after its order of distribution by said board to such disabled members of said fire department, or to the widow or guardian of such minor child or children, ora deceased or retired mem- ber of such department, be held, seized, taken, subjected to or detained or levied on by virtue of any attachment, execution, injunction, writ, interlocutory or other order or decree, or any process or proceeding whatever issued out of or by any court of this state for the payment or satisfaction in whole or in part of any debt, damages, claim, demand or judgment against such member, or his said widow, or the guardian of said minor child or children of any deceased member; but, the said fund shall lie sacredly held, kept, secured and distributed for the pur- pose of pensioning the persons named in this act and for no other pur- pose whatever. 725. Repealing clause.] § 19. All acts or parts of acts incon- sistent with this act are hereby repealed. 25. PUBLIC BUILDINGS. Section. Section. 726. Doors to open outward. 728. Wlieo public buildings may be closed. 727. Penalty. An act to regulate the means of egress from public buildings. [Ap- proved March 28, 187L In force July 1, 187J. R. S., 1874, ch. 111 . 726. Doors to open outward.] g 1. Be it enacted hy the people of the state of Illinois^ represented in the general assembly, That, all public buildings, now in process of construction, or hereafter to be built or constructed, which may or shall be used for churches, school houses, operas, theatres, lecture rooms, hotels, public meetings, town halls, or which may or shall be used for any purpose whereby a collection of people may be assembled together for religious worship, amusement or instruction, shall be so built and constructed that all doors leading from the main hall or place where said collection of people may be assembled, or from the principal room which may be used for any of the puriioses aforesaid, shall be so swung upon their hinges and constructed that such doors shall open outward ; and, that all means of egress for the public from the main hall or principal room, and from the building, shall he by means of doors which shall open outwards from the main hall or building. 727. Penalty.] § 2. That, any person or persons who shall fail or refuse to comply with the provisions of this act shall be lined in any sum not less than $100, nor more than $1,000. Kailroai) Aid and Other Bonds. 823 728 . When public buildings may be closed.] § 3 That, in all citieo and towns having a population of two thousand inhabitants, and iip^vards, the mayor, or other corporate authorities of said town or city, shall be empowered and he is hereby authorized to close and prohibit all public buildings, hereafter erected, from being used in violation of this act. 26. KAILKOAD AID AND OTHER BONDS. Section. 729. New bonds for old indebtedness. 730. Emergency. 731. New bonds may be issued for old. 732. Total value of taxable property to be indorsed on bond. 733. Election — to determine issue of bonds. 734. Registration. 735. Auditor to certify rate required. Section. 736. State custodian — collection — pay- ment. 737. Money, bow disbursed. 738. When registered bonds mature and are not paid. 739. Entry of payment. 740. Fees — collector’s bond. 741. Bonds, by whom executed. An act to enable counties, cities, townships, school districts, and other municipal corporations, to take up and cancel outstanding bonds and other evidences of indebtedness, and fund the same. [Ap- proved and in force March 26, 1872. R. S., 1874, ch. 118. 729. New bonds for old indebtedness.! § 1 . it enacted hy the people of the state of Illinois^ represented in the genercd assembly ^ That, in all cases where any county, city, towm, township, school dis- trict, or other municipal corporation, have issued l)onds or other evi- dences of indebtedness for money, on account of any subscription to the capital stock of any railroad company, or on actoimt of, or in aid * of any public buildings or other public improvement, or for any other purposes which are now binding or subsisting legal obligations against any county, city, town, township, school district or other municipal corporations, and remaining outstanding and which are properly au- thorized by law, the proper authorities of any such county, cit}% town, township, school district or other municipal corporations may, upon the surrender of any such bonds, or other evidences of indebtedness, or any number thereof, issue in place or in lieu thereof, to the holders or OAvners of the same, new bonds or other evidences of indebtedness, in such form, for such amount, upon such time, not exceeding the term of twenty years, and drawing such rate of interest, not exceeding ten per cent., as may be agreed upon with such holders or owmers ; and, such new bonds or other evidences of indebtedness, so issued, shall shoAv on their face that they are issued under this act : Provided, that the issue of such new bonds in lieu of such indebtedness, shall first be authorized by a vote of a majority of the legal voters of such county, city, town, township, school district or other municipal corporation, voting either at some annual or special election of such municipal corporation ; And, provided, further, that such bonds, or other evidences of indebtedness. Eailroad Aid and Other Bonds. shall not be issued so as to increase the aggregate indebtedness of such municipal corporation beyond five per centum on the value of the tax- able pro})erty therein — to be ascertained by the last assessment for state and county taxes, prior to the issuing of such bonds or other evi- dences of indebtedness. No thing contained in this act, or in the act to which this is an amendment, shall be held to repeal or in anywise afi'ect the ])ower of the city of Chicago to issue new bonds to an amount sutficient to retire and satisfy maturing bonds of said city, con- ferred by section 38 of an act of the general assembly, approved Feb- ruary 13, 1863, amending the charter of said city. [As amended by act approved April 14, 1875. In force July 1, 1875. L. 1875, p. 100. 730. Emergency.] §2. Whereas, some counties, cities, townships, and other municipal corporations in this state, have outstanding bonds afid other evidences of indebtedness that will soon fall due, and are without any remedy for renewing or funding the same, therefore this act shall be in force from and after its passage. An act to amend an act, approved April 27, 1877, entitled ‘‘ An act to amend an act entitled ‘An act relating to county and city debts, and to provide for the payment thereof, by taxation, in such counties and cities, approved February 13, 1865, and to amend the title thereof’”. [Approved June 1, 1879. In force July 1, 1879. L. 1879, p. 229. I 1. Be it enacted Ijy the 2?&ople of the state of Illinois^ represented in the general assembly^ That, an act, approved April 27, 1877, enti- tled “ An act to amend an act entitled ‘ an act relating to county and city debt, and to provide for the payment thereof by taxation, in such counties and cities, approved February 13, 1865; and to amend the title thereof’”, be, and the same is hereby amended, so that section two shall read as follows : § 2. The first and subsequent sections of the said act shall be as fol- lows : 731. New bonds may be issued for indebtedness in place of old ones.] § 1. That in all cases where any county, city, town, town- ship, school district, or other municipal corporation, has issued bonds or other evidences of indebtedness, for money, or has contracted debts, which are the binding, subsisting legal obligations of such county, city, town, township, school district, or other municipal corporation, and the same, or any portion thereof, remain outstanding and unpaid, it shall be lawful for the proper corporate authorities of any such county, city, town, township, school district, or other municipal corporation, upon the surrender of any such bonds or other evidences of indebted- ness, or any number or portion thereof, to issue, in lieu or place thereof, to the owners or holders of the same, new bonds prepared as hereinafter directed, and for such amounts, upon such time not exceeding twenty years, payable at such place, and bearing such rate of interest, not ex- ceeding seven per centum per annum, as may be agreed upon with the owners or holders of such outstanding bonds or other evidences of indebtedness: Provided, that bonds issued under this act, to mature within five years from their date, may bear interest not to exceed eight Railroad Aid and Other Bonds. 325 per cent, per annum. And, it shall also be lawful for the proper cor- porate authorities of any such county, city, town, township, school dis- trict, or other municipal corporation, to cause to be thus issued, such new bonds, and sell the same to raise money to purchase or retire any or all of such outstanding bonds or other evidence of indebtedness ; the proceeds of the sales of such new bonds to be expended, under the di- rection of the corporate authorities aforesaid, in the purchase or retir- ing of the outstanding bonds or other evidences of indebtedness of such county, city, town, township, school district, or municipal corporation, and for no other purpose whatever. All bonds, or other evidences of indebtedness, issued under the provisions of this act, shall show upon their face that they are issued under this act, and the purpose for which they are issued, and shall be of uniform design and style, throughout the state, to be prescribed by the state auditor, whose imperative duty it shall be to devise and prepare such uniform style and draft adapted to the classes of bonds herein provided for, namely : The first class to con- sist of bonds, of which only the interest is payable annually ; the second class to consist of those of which the interest and five per centum of the principal are to be paid annually ; and, the third class to consist of a graduated series, the first grade, made payable, principal and interest, at the end of one year from the date of issue ; the second at the end of two years, and thus to the end of the series, the class to be issued being at the option of the legal voters expressed as herein pro- vided. In any case, the new bonds, or other evidences of indebted- ness, authorized to be issued by this act, shall not be for a greater sum in the aggregate than the principal and accrued or earned interest unpaid of such outstanding bonds or other evidences of indebt- edness. And, when such new bonds, or other evidences of indebted- ness, shall have been issued in order to be placed on the market and sold to obtain proceeds with which to retire outstanding bonds, or other evi- dences of indebtedness, it shall be the duty of the state auditor, on the request of the corporate authorities issuing them, and at the expense of the corporation in whose behalf the issue is thus made, to negotiate the same, at not less than par value and on the best terms which can be obtained : Provided, always, that any such county, city, town, township, school district or other municipal corporation issuing bonds under the provisions of this act, may, through its corporate authorities duly author- ized, negotiate, sell or dispose of said bonds, or any part thereof, at not less than their par value without the intervention of the auditor of state: And, provided, further, that no new bonds, or other evidences of in- debtedness, shall be issued under this act, unless the same shall be first authorized, as hereinafter provided, by a vote of a majority of the legal voters of such county, city, town, township, school district, or other municipal corporation voting at some general election, or special elec- tion held for that purpose. 1. Where a city is empowered to borrow money, such money to be expended and applied in liquidation of its debts and in the useful and permanent improvement of such city, such corporation is not. thereby, prohibited from funding the existing debt and issuing the necessary evidence thereof; Galena v. Corwith, 48 111., 423. »1?() Kailuoad Aid and Other Bonds. 3. Where municipal corporations, having tlie power to contract debts and levy and collect taxes for their payment, are authorized to fund such indebtedness" and issue new bonds therefor, tlie same remedy will exist to (mforce their payment, as in the case of the old ones; when! no ])rovision is made in the law by which the funding is made the means bv which collection may be enforced; People v. Lippincott, 81 111., 193. 732. Total value of taxable property to be indorsed on bond.] § 2 . In all cases where any county, city, town, township, school district, or other niuncipal corporation shall issue any lx)nds or evidences of in- debtedness, under this act, it shall be the duty of the county clerk of such county, or other officer to whom, or to whose office, the assessment rolls for state taxation of the property within such county, city, town, township, school district, or other municipal corporation, are or shall be returnable, within live days after the total value of the property sub- ject to taxation therein shall be returned to him, to make out and trans- mit to the auditor of public accounts, to be filed in his office, a certificate settirii^ forth the total value of all taxable property, of every nature and description, within such county, city, town, township, school district, or other municipal corporation, as exhibited by such assessment ; and, it shall be the duty of the auditor of public accounts to place on the back of all new bonds, or other evidences of indebtedness issued under the provisions of this act, a certificate setting forth an aggregate state- ment of the amount of valuation of the taxable property of the muni- cipal corporation issuing such new bonds, or other evidences of indebted- ness; S lid certificate specifically distinguishingthe value of real estate and personal property and being based on the return provided for, in this section, or, if there should be no such return made by the county clerk to the state auditor, then based on an affidavit made by the officials of the corporation issuing the bonds. 733 . Election to determine issue of bonds.] § 3. It shall be law- ful for the corporate authorities of any such municipal corporation, or officers authorized by law, to call elections therein, on the petition of ten legal voters resident therein, to submit to the voters thereof, at any general or special election, the question of issuing bonds under this act, by posting a notice in ten of the most ])ublic places therein, and by publishing the same in the nearest newspaper, twenty days before said election, which notice shall state the number and amount of bonds pro- posed to be issued ; the kind or class thereof as specified in the first section of the act of 1865 as hereby amended, and as also amended by the said act of 1877 ; the amount of each ; the rate of interest, under the limitation of this amendatory act; when and where payable; for what purpose issued, and the time and place when and where said elec- tion will be held. And, upon like petition and notice, it shall be lawful for such corporate authorities, or officers, to submit the question of issu- ing bonds, under this act, at a special election, which shall be held and conducted in like manner as other elections therein. The ballots shall read ‘‘ For issuing the bonds”, or, Against issuing the bonds”. If a majority of the votes cast be “ For issuing the bonds”, the same shall bo Kailroad Aid and Otiirr Bonds. ;i27 issued in conformity to the specifications of said notice. No tinner con- tained in this act, or in the acts to which this is an amendment, shall be lield in repeal, or in any wise aflfect the power uf the city of Chicago, to issue new bonds of said city cunferred by an act of the general as- sembly, approved February 13, 1865, amending the charter of said city, nor to in anywise affect any other law which authorizes municipal cor- porations to issue bonds, or other evidences of indebtedness, and which does not provide for the registration thereof. 734. Registration.] § 1 . Upon the surrender of any bond, or other evidence of indebtedness, under this act, the same shall be indorsed, canceled, and shall, from time to time, be destroyed, under the direction of the authority issuing the same. Upon the issuing of any new bond, or evidence of indebtedness, the clerk, or other officer, having custody of the records of the fiscal matters of such county, city, town, town- shi]), school district or other municipal corporation, as the case may be, shall make registration thereof in a book to be kept in his office for that purpose, showing the date, amount, number, class, date of maturity, rate of interest and place of payment of such new bond, or other evi- dence of indebtedness, and the description of the bond or evidence of indebtedness, for which, or for the purchasing or retiring of which, the same was given, as nearly as practicable. On presentation of any such new bond or evidence of indebtedness, issued under this act, at the office of the auditor of public accounts, for registration, the said auditor shall cause the same to be registered in his office, in a book to be kept for that purpose ; such registration shall show- the date, amount, num- ber, class, date of maturity, rate of interest, time when such interest is payable, and place of payment of the principal and interest of such bond or other evidence of indebtedness, under what act, by what authority, for what purpose and by what county, city, town, township, school district, or other municipal corporation issued, and the name of the person, or persons, presenting the same for registration; and, for such registration the auditor shall be entitled to a fee of twenty-five cents, and the auditor shall, under his seal of office, certify upon such bond the fact of such registration, for which the auditor shall be entitled to a fee of twenty-five cents, sucli fees to be paid by the person or per- sons desiring such registration and certificate. No bonds issued under this act shall be entitled to registration in the office of the state auditor, until a sworn certificate shall have been filed with him, showing that all the requirements of this act have been fully complied with, in their issue. In the case of county bonds, such affidavits shall be made by the chairman of the county board. In case of township bonds, by the supervisor of such township. In case of city bonds, by the mayor of such city; in case of town or village bonds, by the chairman of the town or village board; and, in case of school district bonds, by each of the directors of such school district. Said certificate shall set forth the date of the election at which the people authorized the issuance of the bonds, and shall state the class, date, number, amount, rate of interest and date of maturity of the bonds, the aggregate equalized value of JtAiLKOAi) Aid and Otiieu Bonds. real property, and the aggregate equalized value of personal property assessed in such locality, for the previous year, together with any other information in relation thereto, which may be demanded by the auditor of public accounts. 735. Auditor to certify rate required.] § 5. When the bonds, or other evidences of indebtedness of any county, city, town, town- ship, school district or other municipal corporation, shall be so registered, the auditor of public accounts shall annually ascertain the amount of princi[)al and interest due and accrued, and to accrue, for the current year, on all such bonds and evidences of indebtedness, so registered in his office, and shall, upon the basis of the certificate of the valuation of property to be transmitted to him, as aforesaid, or, in case no such certidcate shall be transmitted to him or filed in his office, then upon the basis of the total valuation of the property in such county, city, town, to\ynship, school district or other municipal corporation, for the year next preceding, estimate and determine the rate per centum, upon the valuation of such property, requisite to meet and satisfy the said interest or interest and principal, as the case may be, together Avith the ordinary cost, to the state, of the collection and disbursement of the same, to be estimated by the auditor and state treasurer, and shall make and ti-ansmit to the county cleik of such county, or of the county in which such city, town, township, school district, or other municipal cor- poration is situated, or to the officer or authority Avhose duty it is, or may be, to prepare the estimates and books for the collection of state taxes in such county, city, town, township, school district or other muni- cipal corporation, a certificate setting forth such estimated requisite per centum for such purposes, to be filed in his office; and, the said per centum shall thereupon be deemed added to and a part of the per centum which is or may be levied, oi* provided by law, for the purposes of state revenue, and shall be so treated by such clerk, officer or authority in making such estimates and books for the collection of state taxes ; and the said taxes shall be collected with the state taxes, and, all laws relat- ing to the state revenue shall apply thereto, except as herein otherwise provided : Provided, that it shall be lawful for the county collector, at any time before settlement Avith the state treasurer, to pay from such taxes, any coupons that are due for interest that may be presented for payment, and to pay from any surplus, not required for interest pur- poses, the principal of any such bond that may be presented for pay- ment, Avhether due or not, and in settlement with the state treasurer the county collector shall be credited Avith such paid coupons and bonds the same as money. 736. State custodian — collection — payment.] § 6 . The state shall be deemed the custodian, only, of the tax so collected, and shall not be deemed, in any manner, liable on account of such bonds, or other evidences of indebtedness; but, the tax and funds so collected shall be deemed pledged and appropriated to the payment of the prin- cipal and interest of the registered bonds and evidences of indebted- Kailroad Aid and Other Bonds. ness, to satisfy which the same is hei’einbefore provided to be collected, as aforesaid, and such new bonds and evidences of indebtedness, issued under the authority hereof, shall be deemed secured and provided for, in virtue and faith hereof, until fully satisfied. The state shall annually collect and apply the said fund to the satisfaction of the interest, or interest and portion of the principal, as the case may be, of such regis- tered bonds, or evidences of indebtedness, of any such county, city, town, township, school district, or other municipal corporation, to the extent the same is herein contemplated to be derived from such tax, in the same manner as the interest on the bonds of the state is or may be collected, or paid, and in like moneys as shall be receivable in payment of state taxes; and, inoneys so paid upon the princi|)al of any such bonds, or evidences of indebtedness, shall be indorsed thereon, and due receipts therefor shall be taken and filed in the office of the auditor of public accounts, or state treasurer, and interest coupons, or bonds or other evidences of indebtedness, so paid, shall be returned to one of said officers, and shall be canceled and returned to the corporate authori- ties of the municipality which issued the same, in the manner now pro- vided by law. 737. How money disbursed.] § 7 . The state may, out of such fund, first retain or satisfy the ordinary cost to the state, of the collec- tion and disbursement thereof ; and, in case of the non-presentment of any such bond, or evidence of indebtedness, or interest coupon of any such county, city, town, township, school district, or other municipal corpo- ration, for payment, at the times and when and where the interest on the state debt is, or may be paid, then, on the beginning of the next year, the moneys by reason thereof undisbursed, together with any sur- plus for any cause remaining, shall be carried to the fund of such county, city, town, township, school district or other municipal corpo- ration of the current or ensuing year, and be considered by the auditor in making his next estimate for taxation therein for such year under this act, and shall be applied accordingly. All laws relating to the payment of interest on the state debt, or the cancellation of the evi- dences thereof, not inconsistent with this act, shall apply to the receipt, custody and disbursement of the taxes and funds provided by this act. 738. When registered bonds mature and are not paid.] § 8. Upon the maturity of such registered bond, or other evidence of in- debtedness, and the non payment thereof by the county, city, town, township, school district, or other municipal corporal ion issuing the same, the holder thereof may cause the same to be registered in the of- fice of the auditor, as a matured or unsatisfied bond, or evidence of in- debtedness, and, thereupon, for the purpose of providing for the pay- ment of the principal thereof, at the i*ate of five per centum of such principal, annually, and of the interest thereon in arrear, and for the current year to accrue, together with the cost to the state of the collec- tion and disbursement thereof, as afoi'esaid, the same proceedings, in all respects, shall be had as is hereinbefore provided, for the payment Kailkoads. of the interest on snoli bonds and evidences of indebtedness: by the eol* leetion of an annual tax sullicient for the purposes in the section con- templated ; and, the same shall be collected and applied, as aforesaid, to such purpose, from year to year, until the full satisfaction thereof, when such bonds or evidences of indebtedness shall be canceled and re- turned, as hereinbefore provided. 739. Entry of payment.] § 9. Upon the payment of any such reiijistered bond, or evidence of indebtedness, and presentation thereof to the auditor, ho shall cause due entry thereof to be made in his office. 740. Fees— collector’s bond.] §10. There shall be allowed to the officers collecting and paying over the taxes authorized to be col- lected under the provisions of this act, the same f^es, or compensation, as is or may be allowed by law for collecting and paying over state taxes, and where such tax is levied, the bonds of the collectors thereof shall be increased in proportion to the estimated amount of such tax to be collected. 741. Bonds — by whom executed.] § 11. All bonds issued under this act shall be executed on behalf of the municipalities issuing the same, by the following named officers, viz : On behalf of counties un- der the township organization laws of this state, by the chairman of the board of supervisors, and the clerk of the county court attesting the same \\ith his signature and official seal. On behalf of counties not un- der township organization, by the acting chairman of the board of county commissioners, together with the clerk of the county court at- testing the same with his signature and official seal. On behalf of cities, by the mayor and city clerk, together with the seal of the city ; on be- half of towns organized under the township organization law of this state, by the supervisor or supervisors of such town (as the case may be) and the town clerk of such towns. On behalf of all other municipali- ties hereinbefore mentioned, by the president, chairman, or chief ex- ecutive officer thereof, together with the clerk or secretary thereof: Provided, that no thing herein contained shall be so construed as to au- thorize the officers herein mentioned to issue bonds under this act, ex- cept upon a majority vote of the voters, as hereinbefore provided. 27. EAILliOADS. Section. 742. Boards at crossings, 743. Bell and whistle— crossing. 744. Starting train without signal. 745. Approfiches at crossings. 746. Neglect to make etc. crossings — notice. 747. When company neglects, authorities to construct. 748. Company to pay expense and one hundred dollars. Section. 749. Draw bridge— railroad crossing etc. — stop. 750. Penalty. 751. Railroads crossing on same level — requirements. 752. Civil engineer to examine system — compensation. 753. Not to ol, struct highways. 754. Speed through cities etc. — damages. 755. Flagmen — shelter. 756. Penalties. Railroads. 331 An act in relation to fencing and operating railroads. [Approved March 31, 1874. In force Jaly 1 , 1874. R. S., 1874, cli. 114. * 742 . Boards at crossings.] §'5. Every railroad corporation shall cause boards, well supported by posts or otherwise, to be placed and constantly maintained upon each public road or street, where the same is crossed by its railroad on the same level. Said boards shall be ele- vated so as not to obstruct the travel, and to be easily seen by travel- ers. On each side of said boards shall be painted in capital letters, of at least the size of nine inches each, the words railroad crossing”, or “lookout for the cars This section shall not apply to streets in cities or incorporated towns or villages, unless such railroad corporation shall be required to put up such boards by the corporate authorities of such cities, towns or villages: Provided, that when warning boards have alrpdy been erected, under existing laws, the maintenance of the same shall be a sufficient compliance with the requirements of this sec- tion. 743 . Bell and whistle — crossings.] § G. Every railroad corpo- ration shall cause a bed, of at least thirty pounds weight, and a steam whistle placed and kept on each locomotive engine, and shall cause the same to be rung or whistled, by the engineer or fireman, at the dis- tance of at least eiglity rods from the place where the railroad crosses or intersects any public highway, and shall be kept ringing or whist- ling until such highway is reached. 744 . Starting train without signal.] § 7. If any engineer on any railroad shall start his train at any station, or within any city, incorpo- rated town or village, without ringing the bell or sounding the whistle a reasonable time before starting, he shall forfeit a sum not less than ten dollars nor more than one hundred dollars, 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. 745 . Approaches at crossings.] § S. Hereafter, at all of the rail- road crossings of higliways 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 wav, so that at all times they shall be safe as to persons and property. | 746 . 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 eight of this act, it shall be the duty of the proper public authorities, liaving 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 repaiied in such man- ner as they shall deem necessary for the safety of persons and property. 747 . When company neglects, authorities to construct etc.] § lU. If any railroad corporation in this state shall, after having been notitied, as provided in section nine of this act, neglect or refuse to 3:52 Railroads. construct, alter or repair sucli crossing or approaches, within thirty days after such notice, then said public authorities shall forthwith cause such construction, alteration or repairs to be made. 748. Company to pay expense and one hundred dollars.] § 11. Said railroad corporation shall be holden for all necessaiy expenses incurred in making such construction, alteration and repairs and, in addition thereto, shall be liable to a hne of one hundred dollars for such neglect to comply with the requirements of this act, wdiich fine shall be enforced by the said public authorities, in the name of the people of the state of Illinois, before any court of competent jurisdiction in the county. Such fine, wdien collected, to be paid in to the treasury of the authorities enforcing the fine. 749. Draw bridge — railroad crossing etc, — stop.] § 12. All trains running on any railroad in this state, wdien approaching a cross- ing with another railroad upon the same level, or when approaching a swing or draw bridge, in use as such, shall be brought to a full stop before reaching the same, and within eight hundred (800) feest therefrom, and the engineer or other pei’son in charge of the engine attached to the train sliall positively ascertain that the way is clear and that the train can safely resume its course before proceeding to pass the bridge or crossing. [As amended by act approved June 19, 1885. In force July 1, 1885. L. 1885, p. 231. 750. Penalty.] § 13. Every engineer or other person having charge of such engine violating the provisions of the preceding section, shall be liable to a penalty of two hundred dollars for each offense, to he .recovered in an action of debt in the name of the people of the state of Illinois, and the corporation on whose road such offense is committed shall be liable to a penalty of not exceeding two hundred dollars, to be recovered in like manner, the amount so recovered to be paid in to the treasury of the county in which the offense occurs ; but, no recovery shall be had in any case for any offense committed more than sixty days prior to the commencement of the action. The provisions of tliis and of the preceding section shall extend to and govern all cases of neglect or failure to stop the train as required bylaw before passing any bridge or railroad crossing, whether occurring before or af'ter the said provi- sions shall take effect, and no act or part of an act inconsistent with such operation and effect being given to this law shall in any way apply hereto. [As amended by act approved June 19, 1885. In force July 1, 1885. L. 1885, p. 231. 751. Railroads crossing on same level — requirements.] § 1 . Be it enacted hy the people of the date of Illinois, represented in the yeneral assembly^ That, u hen, and in case two or more railroads cross- ing each other at a common grade, shall by a system of interlocking and automatic signals, or by other works, fixtures and machinery to be erected by them, or either of them, renderit safe for engines and trains to pass over such crossing without stopping, and such system of inters locking ai]d signals, works or fixtures, shall first be approved by the rail- Eailroads. 3r> road and warehouse commissioners, or any two of tliern, and a [)]an of such interlocking and signals, works or fixtures, for sucli crossing, des- ignating the ]>hm of crossing, shall have been filed with such railroad and warehouse commissioners, then, and in that case, it is hereby lawful for the engines and trains of any such railroad or railroads to pass over said crossing without stopping, any law, or the provisions of any law now in force, to the contrary notwithstanding ; and all such other pro- visions of laws, contrary hereto, are hereby declared not to be appli- cable in such case: Provided, that the said railroad and warehouse commissioners shall have power in case such interlocking system, in their judgment, shall, by experience, prove to be unsafe or impracticable, to order the same to be discontinued. [Act approved June 3, 1887. In force July 1 , 1887. L. 1887, p. 252. 752 . Civil engineer to examine system — compensation.] § 2. The said railroad and warehouse commissioners may appoint a competent civil engineer to examine such proposed system and plans and report the result of such examination for the information of such railroad and ware- house commissioners; and said railroad and warehouse commissioners are hereby authorized to allow and reward [award] live dollars per day as a compensation for the services of such civil engineer, or such reason- able sum as such commissioner shall deem fit, and to allow and reward [award] such other and further sums, as they shall deem fit, to pay all other fees, costs and expenses to arise imder said application, to be paid by the railroad company or companies in interest, to be taxed and paid or collected as in other cases. And, the said railroad and w^arehouse commissioners are, also, empowered, on application for their approval of any such system of interlocking and signals, works or fixtures, to require of the applicant security for such fees, costs and expenses, or the deposit, in lieu thereof, of a sufficient amount in money for that purpose to be fixed by them [Act approved June 3, 1887. In force July 1 , LS87. L. 1887, p. 252. 753 . Not to obstruct highway.] § 14. No railroad corporation shall obstruct any public highway by stopping any train upon, or by leaving any car or locomotive engine standing on its track, where the same intersects or crosses such public highways, exce]>t for the purpose of receiving or discharging passengers, or to receive the necessary fuel and water, and in no case to exceed ten minutes for each train, car or locomotive engine. 754 . Speed through cities etc. — damages.] § 24. Whenever any i-ailroad coi-poratiun shall, by itself or agents, run any train, loco- motive engine, or car, at a greater rate of speed in or through the in- corporated 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 pro- perty by such train, locomotive engine or car ; and, the same shall be Kail HOADS. ])resumed to have been done by the negligence of said corporation or their agents; and, in addition to such penalties as may be provided by * such city, town or village, the person aggrieved by the violation of any of the ])rovisions of this section, shall liave an action against such cor- ])oration, so violating any of the provisions, to recover a penalty of not less than one hundred dollars ($lO0) nor more than two hundred dollars ($200), to be recovered in any court of competent jurisdiction ; said ac- tion to be an action of debt, in the name or the people of the state of Illinois, for thense of the person aggrieved; but, tlie court or jury trying the case may reduce said penalty to any sum, not less, however, than fifty dollars ($50), where the offense committed by such violation may ap- ])ear not to be malicious or wilful: Provided, that no such ordinance shall limit the rate of speed, in case of passenger trains, to less than ten miles ]:>er hour nor, in any other case to less than six miles per hour. 755- Flagman — shelter-] § 35. In all cases where the public au- thorities having charge of any street, over which there shall be a rail- road crossing, sliall notify any agent of the corporation owning, using or operating such railroad, that a flagman is necessary at such crossing, it shall be the duty of such railroad company, within sixty days there- after, to place and retain a flagman at such crossing, who shall perform the duties usually required of flagmen ; and, such flagman is hereby empowered to stop any and all persons from crossing a railroad track, when, in liis opinion, there is danger from approaching trains or loco- motive engines; and, any railroad company refusing or neglecting to place flagmen, as required by this section, shall be liable to a tine of $100 per day for every day they shall neglect or refuse to do so ; and it is, liereby, made the duty of such public authorities, liaving charge of such street, to enforce the payment of such fine, by suit, in the name of the town or municipal corporation wherein such crossing shall be situate, before any court of competent jurisdiction in the county, and the prosecuting attorney shall attend to tlie prosecution of all suits as directed by said public authorities. All the moneys collected under the provisions of this act shall be paid in to the treasury of the town or municipal corporation in whose name such suits shall have been brought : Provided, that when any railroad conq^any is required to keep a flag- man 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 flag- man, the same to be so located as to create the least obstruction to the use of such street or highway, and afford the best view of the railroad track in each direction from such crossing. 756. Penalties.] § 3G. If any railroad corporation, or any of its agents, servants or employes, shall violate any of the provisions of this act, such corporation, agent, servant or employe shall, severally, unless otherwise herein provided, be liable to a fine of not less than $10 nor more than $200, 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 aggrieved, before any court of competent jurisdiction. Revenue. 33;1 28. REVENUE. Section. 757. Property exempt from taxation. 758. Pules for valuing personal property. 759. Pules for valuing real e.state. 760. Certificate of rates, in cities etc. 761. How to pay over taxes collected. 762. County clerk’s certificate to county collector. 763. Collector’s settlements with cities etc. 764. Collector’s final settlement for local taxes. 765. Advertisement, for judgment and sale. 766. Proceeding against real estate for personal tax. 767. Figures etc. used — advertisement. 768. When application for judgment made etc. 769. Copies of advertisement — printer’s fee. 770. Error in advertisement. 771. Delinquent list — form. 772. Tax may be paid before sale. 773. Payments reported — lists corrected. 774. Process for sale of delinquent lands. 775. Entry of sale — redemption. 776. Forfeited tracts noted. 777. Sale and redemption record. 778. Manner of conducting sale. 779. How sold. Section.. 780. Forfeiture to state. 781. Paymeut by purchaser. 782. Certificate of purchase. 783. Index to tax sale books. 784. Time of redemption — amount. 785. When purchaser suffers land to ba sold again. 786. Books etc. evidence. 787. Sales in error — entry. 788. Purchaser at erroneous sale, paid back. 789. Effect of receipt of redemption money. 790. Notice. 791. Affidavit — evidence — notice. 792. Collector’s April payment to local authorities. 793. To pay cities etc. every ten days. 794. Apportionment of special assess- ments payable in instalments. 795. Uniformity of taxation restored. 796. City may buy in at sale. 797. Rebate when property destroyed. 798. Reduce or release tax or assessment. 799. City empowered to refund tax ille- gally collected. 800. When warrants may be drawn on county treasurer etc. 801. May be issued in anticipation of taxes. All act for tlie assessment of property and for the levy and collection of property. [Approved March 30, 1872. In force July 1, 1872. R. S., 1874, ch. 120. 1. This statute necessarily operated to repeal all prior conflicting laws, whether found in general statutes or special city charters; Law v. People, 80 111., 268; Ed- wards V. People, 88111., 340. Propekty Exempt from Taxation. 757 . Exempt property.] § 2. All property described in this sec- tion, to the extent herein limited, shall be exempt from taxation, that is to say — 1. All property within the* state, except by specific exemption, is required to be taxed; People v. C'hicago, 124 111., 637. 2. Where an exemption from state taxes has been granted without consideration it may be recalled at the pleasure of the state; Ramsey v. Hoeger, 76 IlL, 432. 3. All presumptions are against a legislative intention to bind the state by an ex- emption from taxation; In re Swigert, 123 111., 269. 4. Laws exempting from taxation are strictly construed. No thing will come within the exemption which is not clearly so, all reasonable intendments being indulged in favor of the state ; In re Swigert, 119 111., 85; People v. Chicago, 124 111., 637. 5. Only such property as general assembly has exempted from taxation, for state, county and municipal purposes, is exempt; People v. Anderson, 117 111., 52. Revenue. 0. ExcMiiptions from taxation are to i)c construed strictl 3 ^ They are not extended, by juoicial construction, to embrace property not plainly expressed in the statute;* Peoi)le V. Seaman’s Friend Soc,. 87 111., 246. 7. One who alleges an exemption must show the fact; I. C. HR. Co. v. People, 119 111., So. S. A claim of exemption must be established by clear and satisfactory^ proof; In re Swigert, 119 111., 85. 9. When an exemption has been made in favor of a corporation, justice demands that it should show — clearly — a compliance with the terms and spirit of the statute, under which it claims the exemption, before it can be permitted to escape a duty in- cumbent equally on every citizen: People v. Cem. Co., 86 111., 386. ID. Exemi)t property described by reference to the character of its ownership and use: property to b(* exempt must be owned and used as the statute specifies; In re Swigert, 123 111., 269. First — All lands donated by the United States for school purposes, not sold or leased. Ail public school houses. All property of institu- tions of learning, including the real estate on which the institutions are located, not leased by such institutions or otherwise used with a view to profit. 1. So much of a charter as attempts to exempt university property from special as- sessments for local improvements is void; University v. People, 118 111., 566. 2. Heal estate acquired on foreclo?,ure of mortgages given to secure the re-payment of school moneys loaned, in fact, belongs to the state, in trust for school purposes. Under this clause, it is exempt from taxation ; Chicago v. People, 80 111., 384. 3. A statute claimed to exempt property from taxation must be strictly construed. It devolves on those who claim that specific property is thus exempt to clearly show that it is within the contemplation of the law; People ??. Wabash Ry. Co., 138 111., 86. 4. Such a statute must be strictly pursued and such exemption can not be made, by judicial construction, to embrace other objects than those plainly expressed in the statute; People v. Ryan. 138 111., 266. 5. To secure the exemption from taxation of lots as school property they must be showm to be the property of an institution of learning, which is not leased or other- wise used with a view to profit; People v. Ryan, 138 111., 266. 6. To exempt lots as church pj-operty it must be shown that they are owned by some congregation and are used exclusively for public worship; People v. Ryan, 138 111., 266. 7. A private school house, in which is taught, with a view to profit, the rudimentary branches of education, such as are ordinarily taught in the public schools, is not ex- empt from taxation; People v. Ryan, 138 111., 266. 8. The words “all public school houses,” as used in the above section, which are declared exempt from taxation, refer to the public school houses owned by the state, school districts and boards of education under the laws of the state; People v. Ryan, 138 111., 266. 9. A board of supervisors has no authority of law to pass an order that property, known as a hospital, is exempt from taxation without proof that it is “ actually and exclusively^ used for public charity and not leased or otherwise used with a view to profit;” People v. Wabash Ry. Co., 138 111., 86. Second — AH church property actually and exclusively used for public worship when the land (to be of reasonable ske for the location of the church building) is owned by the congregation. 1. Church property, to be exempt from taxation, must be actually’ and exclusiv’cly* used for public w’orship and the land — of reasonable size for the building — must be owned by the congregation, as an organized bodyq People v. Anderson, 117 111., 52. Third — All lands used exclusively as grave yards or grounds for burying the dead. 1. A company had lands in actual use for cemetery purposes and other lands sepa- rated therefrom by a public highway’. The latter lands were platted and recorded Kevenue. 337 as cemetery lands, but, never used as such. The company’s charter provided that all property held and actually used by it for burial purposes, or for the general use of lot owners, or subservient to burial uses, and which had been platted and re- corded as cemetery grounds should be exempt from taxation. It was held that the latter lands were not exempt, the company having erected thereon a stable and some houses, occupied and used by men employed by tlie company, and removed mould and sand therefrom for use, as needed, for cemetery purposes; People v. Cem. Co., 86 111., 336. Fourth — All unentered government lauds; all public buildings or structures, of whatsoever kind, and the contents thereof, and the land on which the same are located, belonging to the United States. 1. Property owned by the federal government is never taxed; unless that taxation is expressly required by statute. States are powerless to tax the instrumentalities of the general government; People v. U. S., 93 111., 30; Fagan v. Chicago, 84 111., 227. Fifth — All property, of every kind, belonging to the state of Illi- nois. Sixth — All property belonging to any county, town, village or city, used exclusively for the maintenance of the poor. All swamp or over- flowed lands belonging to any county, so long as the same remain un- sold by such county. All public buildings belonging to any county, township, city or incorporated town, with the ground on which such buildings are erected, not exceeding in any case ten acres. 1. Swamp laud, so loug as it belongs to a couut}% is not subject to taxation. A purchaser of such land, at tax sale, takes no title by his purchase, he being charge- able with notice — under the recording law — of the condition of the title; Piatt (’o. v. Goodell, 97 111., 84. 2. If corporate funds be intended to be kept for years and placed at interest, no, reason is seen why they would not be taxable; Davies v. Chicago, 124 111., 637. 3. Lauds owned by an incorporated city, which are not suitable for use for muni- cipal purposes, are subject to taxation — albeit they were taken, in part payment for moneys raised by taxation, which moneys had been embezzled by a city officer and by him tortiously converted to his own use; People -y. Chicago, 124 III., 637. 4. Toll bridges belonging to a city, outside its corporate limits, are not exempt from taxation; In re Swigert, 123 Ith, 269. Seventh — All property of institutions of purely public charity, when actually and exclusively used for such charitable purposes, not leased or otherwise used with a view to profit ; and all free public libraries. 1. Institutions of purely public charity, to be within this clause, must be corpora- tions. It is well doubted whether the exemption embraces other than institutions founded and maintained by the state; People v. Seaman’s F. Soc., 87 111., 246. 2. This clause does not embrace the property of foreign corporations, that may lo- cate branches in this state; People y. Seaman’s F. Soc., 87 111., 246. Eighth — All fire engines and other implements used for the extin- guishment of fires, wdth the building used exclusively for the safe keeping thereof and the lot of reasonable size on which the building is located, when belonging to any city, village or town. Ninth — All market houses, public squares or other public grounds used exclusively for public purposes. All works, machinery and fix- tures belonging exclusively to any town, village or city, and used ex- clusively for conveying water to such town, village or city. Tenth — All property which may be used exclusively by societies for agricultural, horticultural, mechanical and philosophical purposes, and not for pecuniary profit. Revenue. Rules for Valuing Property. 758. Rules for valuing personal property.] § 3. Personal proo- ' erty shall be valued as loilows: First — All personal ])r()perty, except as herein otherwise directed, shall be valued at its fair cash value. Second — Every credit for a simi certain, payable either in money oi* labor, shall be valued at a fair cash value, for the sum so payable: if for any article of property, or for labor or services of any kind, it shall be valued at the current price of such property, labor or service. Third — Annuities and royalties shall be valued at their then present total value. Fourth — The capital stock of all companies and associations now or hereafter created under the laws of this state, except those required to be assessed by the local assessors, as hereinafter provided, shall be so valued by the state board of equalization as to ascertain and determine, respectively, the fair cash value of such capital stock, including the franchise, over and above the assessed value of the tangible propertv of such company oi' association. Such board shall adopt such rules and principles for asceiiaining the fair cash value of such capital stock as to it may seem equitable and just; and, such rules and principles, when so adopted, if not inconsistent with this act, shall be as binding and of the same effect as if contained in this act, subject, however, to such changes, alteration or amendment as may be found, from time to time, to be necessary by said board : Provided, that in all cases where the tangible propei ty or capital stock of any company or association is as- sessed under this act, the shares of capital stock of such company or association shall not be assessed or taxed in this state. This clause shall not a|)ply to the capital stock or shares of capital stock, of banks organized under the general banking laws of this state or under any special charter heretofore granted by the legislature of this state: Pro- vided, further, that companies and associations organized for purely manufacturing purposes, or for the mining and sale of coal, or for j)rint- ing, or for publishing of newspapers, or for the improving and breeding of stock, shall be assessed by the local assessors in like manner as the property of individuals is required to be assessed. [As amended by acts approved May 13, 1879, and June 19, 1893. L., 1893, p. 172. 1. This clause, in providing for the assessment of capital stock of some corporations by local assessors and of others by state board of equalization, is not unconstitu- tional; Coal R. C. Co. 1). Plnlen, 124 111., 668. 2. A franchise of a corporation is property, having a value capable of being esti- mated. It is, therefore, liable to and — by the constitution — required to be taxed; Otta. Glass Co. v. M’Caleb, 81 111., 556. 3. The statute recognizes the capital stock and franchise of a corporation as to be listed, valued and taxed as personal property; Belleville N. Co.v. People, 98 111., 399. 4. The tangible property of a corporation and the shares of its stock are separate and distinct kinds of property, under different ownership. They are both liable to taxation; Danv. B & 4\ Co. v. Parks, 88 111., 170. Such taxation is not double or un- constitutional; Danv. Manuf. Co. v. Parks, 88 111., 463; Danville B. &l T. Co. v. Parks, 88 111., 463. Revenue. 33 !) 5. Where the capital stock of a corporation is taxable the shares of stock in the bands of tlie stockholders are not. That the shareholders are erroneously assessed affords no reasop why the corporation should not be; Otta. Glass Co. v. M’Caleb, 81 111., 556; Repub. L. Ins. Co. v. Poliak, 75 111., 292. 759 . Rules for valuing real estate.] § 4. Real property shall be valued as follows : First — Each tract or lot of real property shall be valued at its fair cash value, estimated at the price it would bring at a fair, voluntary sale. Second — Taxable leasehold estates shall be valued at such a price as they Would bring at a fair, voluntary, sale for cash. Third — When a building or structure is located on the right of way of any canal, railroad or other company leased or granted for a term of years to another, the same shall be valued at such a price as such build- ing or structure and lease or grant would sell at a fair, voluntary, sale for cash. Fourth — In valuing any real property on which there is a coal or other mine, or stone or other quarry, the same shall be valued at such a price as such property, including the mine or quarry, would sell at a fair, voluntary, sale for cash. 1. All taxable property within the limits of a municipal corporation must be taxed, on the basis of uniformity as to person and property, for the payment of municipal indebtedness. Therefore, the withdrawal of any real estate from jurisdiction of such taxation — when a given sum is to be raised — to that extent increases the burden of taxation on the property remaining within the, corporate limits. It is to be presumed that all such indebtedness is incurred for the equal benefit of every part of the municipality. Such withdrawal, then, would, per se, be an injustice to the remaining tax payers; unless attended with some corresponding benefit to the municipality; Walker v. Springfield, 94 111., 364; Ramsey Hoeger, 76 111., 432, Galesburg v. Havvk- inson, 75 111., 152. Towns, Citipis etc. 760 . Certificate of rates.] § 122 . The proper authorities of towns, townships, districts and incorporated cities, towns and villages, collect- ing taxes under the provision of tins act, sliall, 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. [As amended by act approved May 3, 1873. L. 1&73-4, p. 51. 761 . How to pay over taxes collected.] § 138. The warrant shall direct the town or district collector, after deducting the compen- sation 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 ‘officers, the district school tax ; to the city or incorporated town or vil- las:e treasurer, or other proper officer, the taxes or special assessments collected by him for such city or incorporated 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 collected by him. Revenue. :mo 1 . Wlicrc a collector pays school moneys, belonging to a certain school district, to any person other than the treasurer of the proper township, he will be guilty of a breach of his bond and liable lo nominal damages, non obstante the fact tliat the per- son to whom lui shall have ])aid such moneys, on discovery of the mistake, j)ays over the same; to the ]>roper ollicers of the school district; so that, in fact, the district loses no thing; Peoj)le v. Veazel, 84 111., 539. 762. County clerk’s certificate to county collector.] § 139 . On the delivery of tlie tax hooks to the town or district collectors, the clerk shall make a certified statement setting forth the name of eacli town or district collector, the amount of taxes' to be collected and paid over for each purpose for which the tax is levied in each of the several towns or districts, cities and villages, and furnish the same to the county col- lector. 1. A general law, which requires a city to make return of the amount of taxes it requires to be levied to the county clerk of the county, any thing in its charter to the contrary notwithstanding, does not operate to repeal a provision, in its charter, pro- hibiting the city from levying over a certain per cent, for taxes. There is no con- flict between the statutes and the city is bound to obey both; Edw'ards v. People, 88 111., 340. 2. The legislature has power to require city taxes to be collected by town collector and to giv’e direction to the commissions arising therefrom; Ryan v. People, 117 111., Sworn Statements of Collector. 763 . Thirty day settlements with cities etc.] § 164. Town and district collectors shall, every thirty days, when required 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. [As amended by act approved May 3, 1873. L. 1873-4, p. 51. 764 . Final settlement for local taxes before return.] § 167. Each town and district collector shall. make final settlement for the township, district, city, village and town taxes, charged in the tax books, at or before the time fixed in this act for paying over and making final settlement for state and county taxes collected by them. In such set- tlements said collectors shall be entitled to credit for the amount of their commissions 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. Advertisement for Judgment and Sale. 765 . Advertisement.] § 182. At any time after the first day of April next after such delinquent taxes and special assessments on lands and lots shall become due, the collector shall publish an advertisement, giving notice of the intended application for judgment for sale of such delinquent lands and lots, in a newspaper published in his county, if any Rev^enue. 341 such there be, and if there be no such paper printed in his county, then in the nearest newspaper in this state to the county seat of such county. Said advertisement shall be once published at least three weeks previous to the term of tlie county court at which judgment is prayed, and shall contain a list of the delinquent lands and lots upon which the taxes or special assessments remain due and unpaid, the names of owners if known, the total amount due thereon, and the year or years for which the same are due. Said collector shall give notice that he will apply to the county court, at the term thereof, for judgment against said lands and lots for said taxes, special assessments, interest and costs, and for an order to sell said lands and lots for the satisfaction thereof ; and shall also give notice that, on the Monday next succeeding the day fixed by law for the commencement of such term of the said county court, all the lands and lots for the sale of which an order shall be made, will be exposed to public sale at the building where the county court is held in said county, for the amount of taxes, special assessments, inte- rest and cost due thereon ; and, the advertisement published according to the provisions of this section shall be deemed to be sufficient notice of the intended application for judgment and of the sale of lands and lots undei the order of said court. Where the publisher of any paper that may have been selected by the collector shall be unable or un- willing to publish such advertisement, the collector shall select some other newspaper, having due regard to the circulation of such paper. 1. Any defect in tlie notice of application for judgment against land for taxes — or even the absence of notice — is obviated by the tax payer’s appearance and contest of the tax on its merits; Hale v. People, 87 111., 72; People Sherman, 83 111., 165. 766. Proceeding against real estate for personal tax.] § 183. When it becomes necessary to charge the tax on personal property against real property, the county collector shall select, for that purpose, some particular tract or lots of real property owned by the person ow- ing such personal property tax ; and, in his advertisement for judgment and sale, shall designate the particular tract or lots of real property against which such personal property tax is charged and, in the list filed for judgment; the same facts shall be shown, and the court shall take cognizance tliereof, and give judgment against such tract or lots of real property, for such personal property tax. 1. The statute for the assessment of property and for the levy and collection of taxes (Revenue, R. S., 1874, § 255), provides that “personal property shall be liable for taxes levied on real property and real property shall be liable for taxes levied on personal property; but, the tax on personal property shall not be charged against real property except in cases of removals, or where said tax can not be made out of the personal property; but, the tax on real property may be made out of personal pro- perty, at any time after the tax becomes due, by any collector, having the tax books in his hands, by distraint and sale, in the manner provided in this act; Provided that judgment against real property, for non payment of taxes thereon, shall not be pre- vented by showing that the owner thereof was possessed of personal property subject to distraint; and, no person shall be subject to have his personal property distrained and sold for tax on real estate, which may have been listed and assessed in his name, when he makes oath, or otherwise satisfies the collector, that he did not own such real property on the preceding first day of May.” LIBR A Revenue. m 767 . Figures etc. used — advertisment etc.] § 184. In all ad- vertisements for the sale of lands and lots for taxes or special asses- inents, and in entries required to be made by the clerk of the court or other ollicer, letters, figures and characters may be used to denote town- ships, ranges, sections, parts of sections, lots or blocks, or parts thereof, the year or the years for which the taxes were due, and the amount of taxes, special assessments, interest and costs ; and the whole of the ad- vertisement shall be contained in one edition of such newspaper and its supplement, if such supplement is necessary: Provided, that no thing contained in this section shall prevent the county collector from subse- quently advertising and obtaining judgment on lands or lots that may have been omitted through no fault of the collector, or that maj^ have been erroneously advertised or described in the first advertisement. 768 . When application for judgment made etc.] § 185. All applications for judgment and order of sale for taxes and special assessments on delinquent lands and lots, shall be made at the May teriii of the county court. If, from any cause, the court shall not be holden at the term at which judgment is prayed, the cause shall stand con- tinued; and, it shall not be necessary to re-ad vertise the list or notice required by law to be advertised before judgment and sale, but at the next regular term thereafter the court shall hear and determine the matter; and, if judgment is rendered the sale shall be made on the Monday specified in the notice, as provided in section 182 — such Mon- day to be fixed by the county collector in the notice. If, for any cause, the collector is prevented from advertising and obtaining judgment at said term, it shall be held to be legal to obtain judgment at any subse- quent term of said court ; but, if the failure arises by the county col- lector’s not complying with any of tile requirements of this act, he shall.be held on his official bond, for the full amount of all taxes and special assessments charged against him: Provided, that any such fail- ure on the part of the county collector shall not be allowed as a valid objection to the collection of any tax or assessment, or to a rendition of judgment against any delinquent lands and lots, included in the ap- plication of the county collector : And, provided, further, that on the application for judgment, at such subsequent term, it shall not be deemed necessary to set forth or establish the reasons of such failure. 1. This section requires application for judgment, against delinquent land for state and county taxes to be made at the May term of the county court. It has no reference to city or village special assessments, when such municipalities are organized under the general incorporation law; Leindecker v. People, 98 111., 21. Such application may be at a subsequent term; Beers v. People, 83 111., 488. 2. It is the collector’s report that gives jurisdiction, to the court, to act on an ap- plication for judgment against delinquent lands, for taxes and assessments due thereon. Unless the law, in respect to such report is, substantially, complied with the court is without authority to act; Peojjle v. Dragstran, 100 111., 286; People v. Otis, 74 111., 384. 769 . Copies of advertisement — printers’ fee.] § 186. Tlie printer, publisher, or financial officer or agent of the newspaper publish- ing the list of delinquent lands and lots, sliall transmit, by mail or Revenue. 343 other safe conveyance, to the collector, four copies of the paper con- taining said list, to one of which copies he shall attach his certificate, under bath, of the due publication of the delincpient list for the time requii-ed by law (wdiich copy shall be presented by the collector to the county court at the time judgment is prayed), and said copy shall be filed as a part of the records of said court. Upon receipt of said papers, and on demand being made, the collector shall pay to the printer the amount of the fees allowed by law for publishing said list and notice ; and it shall be his duty to file one copy of said paper in his office, and deliver one copy to the auditor, and one copy to the state treasurer, who shall file and safely preserve them in their respective offices. 1. An affidavit of tlie publisher of a newspaper of the publication of the delinquent list and notice of application for judgment, properly verified, which states the day on which the publication was made and the paper in which thedist and notice were inserted, sufficiently proves publication — to confer jurisdiction, on the court, to render judgment; Buck People, 78 111., 560. 2. A certificate of such publisher, properly verified, will, also, be sufficient; Fisher V. People, 84 111., 491. 3. A sheriff of a county, acting as collector ex officio, is not personally liable for the payment of the printer’s fees, in publishing the delinquent tax list; Broad well V. Chapin, 2 App., 511. 770 . Error in advertisement.] § 187. In all cases where there is an error in the advertised list, the fault thereof being the printer’s, wdiich prevents judgment from being obtained against any tracts or lots, or against all of said delinquent list, at the time stated in the advertise- ment that judgment will be applied for, the printer shall lose the com- pensation allowed by this act, for such erroneous tracts or lots, or entire list, as the case may be. 771 * Delinquent list — form.] §188. The collector shall transcribe in to a book, prepared for that purpose and known as the tax, judgment, sale, redemption, and forfeiture record, the list of delinquent lands and lots, which shall be made out in numerical order, and contain all the information necessary to be recorded, at least five days before the com- mencement of the term at which application for judgment is to be made; which book shall set forth the name of the owner, if known; the proper description of the land or lot, the year or years for which the tax or special assessments are due; the valuation on which the tax is extended; the amonot of the consolidated and other taxes and special assessments; the costs and total amount of charges against such land or lot. Said book shall, also, be ruled in columns, so as to show the amount paid before the rendition of judgment; the amount of judgment, and a column for remarks; the amount paid before sale and after the ren- dition of said judgment, the amount of the sale, amount of interest or penalty, amount of cost, amount forfeited to the state, date of sale, acres or part sold, name of purchaser, amount of sale and penalty, taxes of succeeding years, interest and when paid, interest and cost, total amount of redemption, date of redemption, w^hen deed executed, by whom redeemed, and a column for remarks, or receipt of redemption money. [As amended by act approved May 29, 1879. In force July 1, 1879. L. 1879, p. 248. 344 Revenue. 772 . Tax may be paid before sale.] § 189. Any person owning or claiming lands or lots upon which judgment is prayed, as provided in this act, may, in person or by agent, pay the taxes, S])ecial assess- ments, interest and costs due thereon, to the county collector of the county, in which the same arc situated, at any time before sale. [As amended by act approved May 29, 1879. In force July 1 , 1879. L. 1879, ]). 219. 773 . Payments reported — lists corrected.] §190. On the first day of the term at which judgment on delimpient lands and lots is prayed, it shall be the duty of the collector to report to the clerk all the lands or lots as the case may be,, upon which taxes and special assessments have been paid, if any, from the filing of the list mentioned in section one hundred and eighty-eight up to that time; and the clerk shall note the fact opposite each tract upon which such payments have been made. The collector, assisted by the clerk, shall compare and correct said list, and shall make and subscribe an affidavit, which shall be, as nearly as may be, in the following form : I, , collector of the county of , do solemnly swear (or affirm, as the case may be), that the foregoing is a true and correct list of the delinquent lands and lots, within the county of , upon which I have been unable to collect the taxes (and special assessments, interest, and printer’s fees, if any), charged thereon, as required ’ y lav, fer the year or years therein set forth; that said taxes now remain due and unp" ’ vl, as I verily believe. Said affidavit shall be entered at the end of the list, and signed by the collector. [As amended by act approved May 29, 1879. In force July 1 , 1879. L. 1879, p. 249. Sale of Delinquent Lands. 774 . Process for sale.] § 194. On the day advertised for sale, the county clerk, assisted by the collector, shall carefully examine said list, upon which judgment has been rendered, and see that all payments have been properly noted thereon, and said clerk shall make a certifi- cate, to be entered on said i-ecord, following the order of court that such record is correct, and that judgment was rendered upon the property therein mentioned for the taxes, interest and costs due thereon, which certificate shall be attested by The clerk under seal of the court and shall be the process on which all real property or any interest therein shall be sold for taxes, special assessments, interest and costs due thereon and may be substantially in the following form : I, , clerk of the county court, in and for the county of , do hereby certify that the foregoing is a true and correct record of the delinquent real estate in said county, against which judgment and order of sale was duly entered in the county court of said county, on the day of 18 , for the amount of the taxes, special assessments, interest and costs due severally thereon as therein set forth, and that the judgment and order of court in relation thereto fully appears on said record. [As amended by act approved May 29, 1879. In force July 1, 1879. L. 1879, p. 249. Ee VENUE. 345 1 . Sale of lands for taxes is invalid unless the county clerk has made the certifi- cate required by this section; Sankey v. Seipp, 27 App. 299. 2. There is no authority to sell for taxes without an attested copy of the judgment, made by county clerk; Bell Johnson, 111 111., 381. 775. Entry of sale — redemption.] § 197. When any tract or lot shall be sold, it shall be the duty of the clerk to enter on the record, aforesaid, the quantity sold and the name of the purchaser, opposite such tract or lot, in the blank columns provided for that purpose ; and, when any such property shall be redeemed from sale, the clerk shall enter the name of the person redeeming, the date, the amount of re- demption, in the proper column. 1. See §§ 784 - 7 . 776. Forfeited tracts noted.] § 199. All tracts or lots forfeited to the state at such sale, as hereinafter provided, sliall be noted on said record. 777. Sale and redemption record.] § 200. Said book shall be known and designated as the tax judgment sale, redemption and for- feiture record, and be kept in the office of the county clerk. [As amended by act approved May 29, 1879. In force July 1, 1879. L. 1879, p. 250. 778. Manner of conducting sale.] §201. The collector, in person or by deputy, shall attend at the court house in his county, on the day specified in the notice for the sale of real estate for taxes, and then and there, between the hours of ten o’clock in the forenoon and four o’clock in the afternoon, proceed to offer for sale, separately and, in consecu- tive order, each tract of land or town or city lot in the said list on which the taxes, special assessments, interest or costs have not been paid. The sale shall be continued from day to day, until all the ti’acts or lots in the delinquent list shall be sold or offered for sale. 779* How sold.] § 202. The |3erson at such sale offering to pay the amount due on each tract or lot, for the least quantity thereof, shall be the purchaser of such quantity, which shall be taken from the east side of such tract or lot. 1. On a sale of land, for taxes, the contract of sale is complete when tbe sale is struck off to the highest bidder; Coombs v. Steere, 8 App., 147. 780. Forfeiture to state.] §203. Every tract or lot so offered at public sale, and not sold for want of bidders, shall be forfeited to the state of Illinois : Provided, however, that whenever the county judge, county clerk and county treasurer shall certify that the taxes on forfeited lands equal or exceed the actual value of such lands, the officer directed by law to expose for sale lands for delinquent taxes shall, on the receipt of such certificate, offer for sale to the highest bidder the tract or lands, in such certificate described, after first giving ten days’ notice of the time and place of sale, together with' a description of the tract or lands so to be offered. And a certificate of purchase shall be issued to the pur- chaser at such sale, as in other cases in this act provided ; and, the county collector shall receive credit in his settlement with the custodian of the Keven uii:. ;il(i several funds, for wliicli such tax was levied for the amount not realized by such sale. And, the amount received from any such sale shall be ])aid by such collector, pro rata, to the custodian of the several funds cntitlc(b thereto. | As amended by act approved June 2 , 1881. In force July 1 , 1881. L. 1881, p. 137. 1. After forfeiture, to the state, a county l)oard can neither set the forfeiture aside nor al)ate th»i taxes legally assessed, extended and placed in course of collection; Mad. (’o. T. Smith, 115 111., 328. 2. To creat(*. a forfeiture there must have been a judgment, a process issued for the sale of the property, an offer for sale and a failure to sell for want of bidders; Scott r. People, 2 App., 042; see Smith v. People, 3 App., 380; C. & N. \V. Kli, Co. v. Boiler, 7 Apj>., (>25. 781 . Payment by purchaser.] § 206. The person purchasing any tract or lot, or any part thereof, shall, fortliwith, pay to the collector the amount charged on each tract or lot, and on failure so to do the said tract or lot shall be again ofiered for sale in the same manner as if no such sahi had been made ; and in no case shall the sale be closed until payment is made, or the tract or lot again offered for sale. 782 . Certificate of purchase — assignable.] § 207. The county clerk, on being requested so to do, shall make out and deliver to the purchaser of any lands or lots sold, as aforesaid, a certificate of purchase, to be countersigned by the collector, describing the land or lot sold as the same was described in the delinquent list, date of such sale, the amount of taxes, special assessments, interest and cost for which the same was sold and that payment has been made therefor. If any per- son shall become the purchaser of more than one tract or lot, he may have the whole or one or more of them included in one certificate. Such certificate of purchase sliall be assignable by indorsement, and an assignment thereof shall vest in the assignee, or his legal representa- tives, all the right and title of the original purchaser. 783 . Index to tax sale books.] § 208. The county clerk is, hereby, authorized to make an index to tax sale records in a book, when fur- nished by the county — which index shall be kept in the county clerk’s office as a public record, open to the inspection of all persons during office hours. Hedemptiox. 784 . Time of redemption — amount.] § 210 . Eeal property sold under the provisions of this act may be redeemed at any time before the expiration of two years from the date of sale, by payment in legal money of the United States, to the county clerk of the proper county, the amount for which the same was sold, and twenty-five per cent, thereon if redeemed at any time before the expiration of six months from the day of sale ; if between six and twelve months, fifty per cent.; if be- tween twelve and eighteen months, seventy-five per cent. ; and if be- tween eighteen months and two years, one hundred per cent, on the amount for which the same was sold. The person redeeming shall, also, pay the amount of all taxes and special assessments accruing after such Revenlik. :u7 sale, with ten per cent, interest tliereon, from the day of payment, un- less such subsequent tax or special assessment has been paid by or on behalf of the person for whose benefit the redemption is made, and not by tlie purchaser at the tax sale, or his assignee. "By minor heirs etc.] If the real property of any minor heir, idiot or insane person be sold for non payment of taxes or special assess- ments, the same may be redeemed at any time after sale and before the expiration of one year after such disability be removed, upon the terms specified in this section, and the payment of ten per cent, per annum, on double the amount for wliich the same was sold, from and after the expiration of twm years from the date of sale — which re- demption may be made by themselves, or by any person in their behalf. By tenants in common etc.] Tenants in common or joint tenants shall be allowed to redeem their individual interest in real property sold under the provisions of this act, in the same manner and under the terms specified in this section for the redemption of other real property. Redemption inures to benefit of owner.] Any redemption made shall inure to the benefit of the person having the legal or equitable title to the property redeemed, subject to the right of tlie person mak- ing the same to be re-imbursed by the person benefited. 1. The county clerk is the proper person to receive the redemption money. It is his duty to inform the land owner, seeking to redeem, as to the correct amount to be paid for that purpose. So, where there was an omission — by mistake of the clerk — m require the payment of taxes subsequent to a sale and a certificate of redemption issued, it was held that equity would relieve from the mistake and protect the own- er's title, on his paying the amount of such taxes; Gage v. Scales, 100 111., 218. 785. When purchaser suffers land to be sold again.] § 211. If any purchaser of real estate sold for taxes or special assessment shall suffer the same to be forfeited to the state, or again sold for taxes or special assessment, before the expiration of the last day of the second annual sale thereafter, such purchaser shall not be entitled to a deed for such real property until the expiration of a like term from the date of the second sale or forfeiture, during wdiich time the land shall be sub- ject to redemption, upon the terms and conditions prescribed in this act ; but, the person redeeming sliall only be required to -pay, for the use of such first purchaser, the amount paid by him. The second pur- chaser, if any, shall be entitled to the redemption money, as provided for in the preceding section : Provided, however, it shall not be neces- sary for any municipal corporation which shall bid in its own delin- quent special assessments, at any sale, in default of other bidders, to ]>rotect the property from subsequent forfeitures or sales, as above re- quired in this section. [As amended by act approved May 29, 1879. In force July 1, 1879. L. 1879, p. 250. 786. Books etc. evidence.] § 212. The books and records belong- ing to the office of county clerk, or copies thereof, certified by said clerk, shall be deemed priraa facie evidence to prove the sale of any land or lot for taxes or special assessments, the redemption of the same, or payment of taxes or special assessments thereon. 348 liEVENlIE. Clerk to pay over money to successor.] The county clerk shall, at expiration of his term of oflice, pay over to his successor in office all moneys in his hands received for redemption from sale for taxes on real estate. [As amended by act approved May 3, 1873. 787 . Sales in error — entry.] § 213. Whenever it shall be made to appear, to the satisfaction of the county clerk, that any tract or lot was sold which was not subject to be taxed,' or upon which taxes or special assessments had been paid previous to the sale, he shall make an entry opposite to such tracts or lots in the sale and redemption record that the same was erroneously sold, and such entry shall be prima facie evidence of the fact therein stated. 788 . Purchaser at erroneous sale, paid back.] § 214. When the purchaser at such erroneous sale, or any one holding under him, shall have paid any tax or special assessment upon the property so sold, which has not been paid by the owner of the propei*ty, he shall have the right to recover from such owner the amount he has so paid, with ten per cent, interest, as money paid for the owner’s use. 789 . Effect of receipt of redemption money.] §215. The receipt of the redemption money of any tract of land or lot,"^by any purchaser, or the return of the certificate of purchase for cancellation, shall operate as a release of all the claim to such tract or lot under, or by virtue of the purchase. 790 . Notice.] §216. Hereafter, no purchaser or assignee of such purchaser, of any land, town or city lot, at any sale of lands, or lots, for taxes or special assessments, due either to the state or county, or incor- porated town or city within the same, or at any sale for taxes or levies otherwise, by the laws of this state, shall be entitled to a deed for lands or lots so purchased, until the following conditions have been complied with, to-wit : Such purchaser or assignee shall serve, or cause to be served, a written or printed, or partly written or partly printed notice of such purchase, on every person in actual possession or occupancy of such land or lot ; also, the person in whose name the same was taxed or specially assessed, if upon diligent inquiry, he or she can be found in the county, also, the owners of or parties interested in said land or lot, if they can, upon diligent inquiry, be found in the county, at least three months before the expiration of the time of redemption on such sale ; in which notice he shall state when he purchased the land or lot, in whose name taxed, the description of the land or lot he has pur- chased ; for what year taxed or specially assessed; and, when the time of redemption will expire ; if no person is in possession or occupancy of such land or lot and the person in whose name the same was taxed or specially assessed, upon diligent inquiry, can not be found in the county, or the owners of, or parties interested in said land or lot, upon diligent inquiry, can not be found in the county, then such person, or his assignee, shall publish such notice in some newspaper printed in such county, and if no newspaper is printed in said county, then in the newspaper that is published in this state nearest to the county seat of the county in which Revenue. 34 !) such land or lot is situated, which notice shall be inserted three times, the first time not more than five months, and the last time not less than three months, before the time of redem'ption shall expire : Provided, liowever, that if the owners of said land or lot, or the parties interested therein, can not be found in the county, and the person in the actual occupancy is tenant to, or is in possession under the owner or party interested therein, then service of said notice upon such tenant or occu- pant, shall be deemed service upon the owmer or party interested ; And, provided, further, that if the owners or parties interested are unknown to such purchaser or his assignee, then the said publication, as to them, may be to the unknown owmer or parties interested. [As amended by act approved May 31, 1879. In force July 1, 1879. L. 1879, p. 256. 1. This section, requiring notice of tax purchase and redemption period to be given, three months before the latter date, is valid; Taylor v. Wright, 121 111., 461. 2. Under the constitution (art. 9, § 5) the notice, provided for, in this section, is fundamental. A compliance with its provisions is an indispensable condition pre- cedent to the right to acquire a tax deed; Gage v. Bailey, 100 111., 530. 3. Until the statutory affidavit is made, to procure tax deed, such_ deed may be set aside, by owner of patent title, on equitable terms; Gage v. Ilervey,’ 111 111., *307. 4. The affidavit failing to contain the facts required, a deed issued thereon is void; regardless of what the facts may be; Gage v. Mayer, 117 111., 636. 5. An affidavit, for tax deed, showing an assessment of taxes against two, alleging service by leaving copy with one, will not authorize a tax deed; Gage v. Hervey, 111 111., 309. 6. Notice, by publication, which states the time of redemption will expire on Octo- ber 26, 1876, the fact being that the redemption period does not expire until Novem- ber 26, 1876, is fatally defective; Gage v. Bailey, 100 111., 532. 7. Parol evidence is not admissible to supply defects or omissions in the affidavit required; Gage v>. Mayer, 117 111., 636. 791. Affidavit — evidence — perjury.] § 217. Every such pur- chaser or assignee, by himself or agent, sliall, before he shall be entitled to a deed, make an affidavit of his having complied with the conditions* of the foregoing section, stating particularly the facts relied on as such compliance — which affidavit shall be delivered to the person authorized by law to execute such tax deed, and which shall by him be filed with the officer having custody of the record of the lands and lots sold for taxes and entries of redemption in the county where sueh lands or lots shall lie, to be by such officer entered on the records of his office, and carefully preserved among the files of his office, and which record or affidavit shall be prirna facie evidence that such notice has been given. Any person swearing falsely in such affidavit shall be deemed guilty of perjury, and punished accordingly. Collector’s Accounting etc. 792. Collector’s April payment to local authorities.] § 213 . He shall, within the same time, pay over to the other proper authori- ties or persons, the amounts so shown to be in his hands, and payable to them. KkVEN'I'E. ‘M 793. To pay cities etc. every ten days.] § 244. The county col- lector shall report and pay over the amount of tax atjd special assess- incuts, due to towns, districts, cities, villages, corporations and persons, collected l>y him on deliiuiuent ])roperty, at least once in every ten days, when demanded by the jiroper authorities or persons. An act concerning the apjiortionrnent of special assessments payable in instalments. Approved A])ril 13, 1875. In force July 1, 1875. L., 1875, p. 3(). 794. Apportionment of special assessments payable in instal- ments.] ^ 1 . I>e it enacted hy the people of the state of Illinois^ represented in the general assembly, That, in all cases where any special assessment, payable in instalments, has been, or hereafter shall be made by any corporate authority, for supplying water, or other corporate pur- pose, and the owner or owners of any lot, block or parcel of land so assessed, or some of them, shall desire to subdivide the same, and to apportion such assessment and the several instalments thereof in such inanner that each parcel of such proposed subdivision shall bear its just and equitable proportion thereof, the same may be done in the manner following, to wit: The owner or owners of such lot, block or parcel of land shall present to such corporate authority a petition, set- ting forth : J I ^ The descriptive character of the assessment and the date of the confirmation of the same. 2. The names of the owners. 3. A description of the land proposed to be subdivided, together with the amount of each instalment thereon, and the year or years for which the same are due. 4. A plat showing the proposed subdivision. 5. The proposed apportionment of the amount of each instalment on each lot or parcel according to such proposed subdivision. Such peti- tion shall be acknowledged in the manner provided for the acknow- ledgment of deeds and, if such corporate authority shall .be satisfied therewith, they shall cause to be indorsed upon or attached to such pe- tition their approval by their clerk or secretary, under their corporate seal, and the same, so approved, shall be filed and recorded in the office of the county clerk in which such land shall be situate, and such ap- portioned assessment shall stand in place of the original assessment, and the same and the several instalments thereof shall be deemed duly ap- portioned, and the several amounts so apportioned shall be liens upon the several parcels charged, respectively ; and, for the purpose of col- lecting the same, all proceedings shall be had and taken as if said assess- ment and instalments had been made and apportioned in the first in- stance according to such apportioned description and amounts, and the respective owners shall be held to have waived every and all objections to such assessment and the apportionment aforesaid : Provided, this act shall not apply to any lot, block or parcel of land on which there shall remain due and unpaid anj^ instalment. In case the owners are unable Kevenue. 351 to agree as to such apportionment, or any of them are under legal disa- bility, one or more of them may file a petition with the circuit court of the county in wdncli such land so assessed is situate, sul)stantially in form as hereinbefore provided ; and in such case such corporate autho- rity, together with all owners or persons interested, not joined as peti- tioners and unknown owners, if any, shall be made parties defendant, and all proceedings in relation thereto shall be had as in cases in chan- cery. The court may hear and determine the case according to the right of the matter. A copy of the record of the proceedings of the court in the premises in case of an apportionment, duly certified, shall be filed and recorded in the office of such county clerk, and the same shall, thereupon, as to the land therein embraced, the owners thereof, the apportionment aforesaid, and the collection of the several amounts apportioned, have the same force and effect -as is hereinbefore provided in cases where such corporate authorities shall approve of a petition and file and record the same. An act to restore uniformity in the taxation of real and personal pro- perty, for all purposes, in the several counties and cities of this state. [Approved January 4, 1872. In force July 1, 1872. K. S., 1874, ch. 120. 795 . Uniformity restored.] § 1. it enacted hy the 'people of the state of Illinois^ represented in the general assembly^ That, the real and personal property within all incorporated towns and cities in every county in this state shall be taxable for all purposes, any local or special law in regard to exemption of any particular town or city to the contrary notwithstanding ; and, all provisions of law in conflict with this act are hereby repealed ; but, no thing herein shall be construed as authorizing the taxation of property allowed to be exempt by any general law now in force or that may hereafter be passed. And, all laws requiring any city to support and provide for its paupers, to as- sume liabilities, or perform duties required of counties, by the general laws of this state, are hereby repealed ; and the general laws of this state upon such subjects, in relation to counties and cities, shall be ap- plicable to all counties and cities in the state. An act in relation to the collection of taxes and special assessments. [Approved and in force May 2, 1873. R. S., 1874, ch. 120. 796. City may buy in at sale.] § 3. Any incorporated city, town or village, or corporate authorities, commissioners, or persons interested in any such special assessment or instalment thereof, may become pur- chaser at any sale, and may designate and appoint some officer or per- son to attend and bid at such sale on its behalf. 1. A municipal corporation, in tlie absence of any enabling statute, is without au- thority of law to become a purchaser of lands or lots at a tax sale and to acquire a title, by complying with the statute in respect to such sales. The general power to buy and hold real estate does not authorize such a purchase; Champaign ??. Harmon, 98 111., 491. liKVP:NlJE. An act to ])rcvent tlie unjust collection, by incorporated cities and towns, of taxes levied upon property destroyed by fire, and to authorize the common council of such cities, or board of trustees of such towns, to change or amend appropriation bills, to pass new appropriation bills, to reduce taxes and special assessments, in certain cases, and to dis- continue special improvements. [Approved and in force January 18 1872. It. S., 1871, ch. 120. ’ 797. Rebate of tax when property destroyed.] § 1. Be it en- acted hij the 2 >eo 2 )le of the state of Illinois^ represented in the general assernhltj, That, whenever, in any incorporated city or town in this state, any property listed or assessed for municipal taxation, shall have been or shall hereafter be destroyed by fire, in whole or in part, before the levy of the municipal taxes of such city thereon, or before the mu- nicipal taxes levied thereon shall have been collected, it shall and may be lawful for the mayor of such city or town — if there be no mayor, then the president of the board of trustees, the city comptroller, if there should be one ; and if not, then the city clerk or town clerk, and 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 re- bate 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 pro- perty having been, in whole or in part, destroyed by fire. 798 . 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 de- stroyed by fire, so as to seriously impair or affect the ability of the pro- perty owners of such city or town to pay taxes or special assessments thereon, and an appropriation bill has been made or passed, or special improvements ordered before such fire, and the tax or assessment for the payment or raising of the same has not been levied or collected, it may be lawful for the city council or board of trustees of any such town to alter, revise, change, reduce or vacate, or repeal such appropriation bill, or any part of the same, and to order the discontinuance of said special improvements, or any of the same, or to reduce the amount of taxes or special assessments ordered to be levied, or assessed, or collected for any general or special purpose, and to pass a new appropriation bill ; which new appropriation bill shall have the same force and effect as if the same had been passed within the time prescribed by the charter of any such city or such corporate town. An act to refund illegal taxes. [Apj)roved June 27, 1885. In force July 1 , 1885. L. 1885, p. 61. 799. City empowered to refund tax illegally collected.] § 1 . Be it enacted hy the people of the state of Illinois^ represented in the general assembly, That, whenever, in any of the cities of this state, any taxes for city purposes have been collected and paid in to the city treas- ury without authority of law, and the city council of such cities have caused certificates to be issued to the persons or corporations who have Rkvenue. 353 paid such illegal taxes, certifying that such taxes were illegally assessed and collected, the city council of such cities are hereby authorized to make an appropriation, as soon as possible after this act shall take effect, for the purpose of refunding such illegal taxes, with six per cent, in- terest per annum from the date of such certificates, and warrants shall be drawn for the payment of such sums and interest, out of the fund so appropriated, to the persons or corporations who obtained such cer- tificates, or their assignees or legal representatives, in the usual manner prescribed by the charter of said cities, or by the general law : Provided, such certificates are presented to the comptroller of such cities for ex- change for warrants within two years after this act shall go into effect. And the treasurers of any such cities shall pay said w^arrants out of said appropriations. 1. To make a municipality liable to refund taxes, that have been paid to the col- lector. three things are essential. (1) The tax must have been illegal and void — not merely irregular; (2) It must have been paid under compulsion, or its equivalent, in law; (3) It must have been paid over, by the collecting officer, and received to the use of the municipality; Lyons v. Cook, 9 App,, 543. An act to provide for the manner of issuing warrants upon the treas- urer of any county, township, city, school district or other municipal corporation, and juror’s certificates. [Approved May 31, 1879. In force July 1, 1879. L. 1879, p. 78. 800. When warrants may be drawn on county treasurer etc.] § 1. Be it enacted hy the people of the state of Illinois^ represented in the general assembly^ That, warrants payable on demand shall hereafter be drawn and issued upon the treasurer of this state or of an}^ county, township, city, school district or other municipal corporation, or against any fund in his hands only when, at the time of the drawing and issu- ing of such warrants, there shall be sufficient money in the appropriate fund in the treasury to pay said warrants. 801. May be issued in anticipation of taxes.] § 2. That, when- ever there is no money in the treasury of any 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 of the collection of any taxes, already levied by said authorities for the payment of the ordinary and neces- sary expenses of any such municipal corporation, to the extent of sev- enty-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 collec- tor 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. Riot. 29. JUOT. Section. Section. 802. City or county ]iul)lo for damages. 800. Action by city or county against ri* 80o. Action, how brouglit — judgment. oters. 804. When recovery may l)e had. 807. Claim for damages — when action to 805. Action by narty against rioters — lien be brought. 808. When city or county settles claim. An act to imleninify tlie owners of property for damages occasioned by mobs and riots. [Approved June 15, 1887. In force July 1 1887. L. 1887, p. 237. ’ 802. City or county liable for damages.] § 1. JJe it enacted hy the people of the state of Illinois, represented in the general assembly , That, wlienever any building or other real or personal property, except property in transit, shall be destroyed or injured in consequence of any mob or riot, composed of twelve or more persons, the city, or if not in a city then the county in which such property was destroyed, shall be liable to an action by or in behalf of the party whose property was de- stroyed or injured, for three-fourths of the damages sustained by reason thereof. 803 . Action, how brought — judgment] § 2 . Such action maybe brought in the form of an action on the case, or other appropriate ac- tion, and wlienever any hnal judgment shall be secured" against any such city or county in any such action, the same shall be paid in due course, as in case of other judgments. 804 . When recovery may be had.] § 3. Ko person or incorpora- tion shall be entitled to recover in any such action if it shall appear, on the trial thereof, that such destruction or injury of property was occa- sioned, or in any way aided, sanctioned or permitted by the careless- ness, neglect or wrongful act of such person or corporation ; nor shall any person or corporation be entitled to recover any damages for any destruction or injury of property, as aforesaid, unless such party shall have used all reasonable diligence to prevent such damage. 805 . Action by party against rioters — lien etc.] § 4. Nothing in this act shall be construed to prevent any person or corporation whose property has been injured or destroyed in consequence of any mob or riot, from having or maintaining an action, or actions, against any person or persons, engaged or in any manner participating in such mob or riot, for the recovery of the damages sustained thereby : Pro- vided. that when such city or county shall have paid any part of such damage, such city, or county making such payment shall have a lien to the amount so paid upon any judgment or claim, against any person or persons engaged in, or in any manner participating in such mob or riot, together with the right and power to enforce and collect such judgment or claim and, when such city or county shall have been re- imbursed the mone}^ so paid by it, such portion of such judgment or judgments, or claim or claims remaining unpaid shall then revert to,. Koads and Bridges. and become the property of the original owner thereof, and such owner shall have the right to enforce and collect the same. 806 . Action by city or county against rioters.] § 5 . It shall be lawful for the city or county against which a judgment, or judgments, for damages shall be recoverd under the provisions of this act, to bring an action, or actions, against any person or persons engaged or in any manner participating in said mob or riot, for the recovery of the amount of said judgment or judgments and costs, and such action shall not abate or fail by reason of too many or too few parties defendant being named therein ; the same shall to all intents and purposes be treated as an action of trespass brought by the owners of such property, except that the statute of limitations as to such action shall not begin to run against said city or county until its liability is fixed by judgment as hereinbefore provided. 807 . Claim for damages — when action to be brought.] § 6 . 'No action shall be maintained, under the provisions of this act, by any person or corporation whose property shall have been destroyed or in- jured, as aforesaid, unless notice of claim for damages be presented to such city or county wnthin thirty days after such loss or damage occurs and such action shall be brought within twelve months after such de- struction or injury occurs, but no thing in this act shall be construed as authorizing any recovery by the United States, the state of Illinois, or any county, for the destruction of, or injury to property by mobs or riots. 808 . When city or county settles claim.] § 7. Any city or county may settle with, and pay, the owner of any such property the damages so sustained ; and, any such city or county which shall have paid any sum under the provisions of this act, whether by voluntary settlement or otherwise, may recover the same with all costs paid hy it from any or all the persons engaged in the destruction or injury of the property so paid for. 30. KOADS AND BRIDGES. Section. Section. 809. Highway commissioners — certificate 810. Tax of town or village. >- — tax extended — how collected 811. Injuring sidewalk, bridge etc. and paid. 81^. Proceeding for recovery of penalties. An act to amend section sixteen of an act entitled “ An act in regard to roads and bridges in counties under township organization, and to repeal an act and parts of acts therein named ”, approved June 3, 1883, in force July 1 , 1883. [Approved June 3. 1889. In force July 1 , 1889. L. 1889, p. 229. § 1. Be it enacted hy the people of the state of Illinois^ represented in the general assemhly, That, section sixteen of an act entitled ‘‘An act in regard to roads and bridges in counties under township organiza- tion, and to repeal an act and parts of acts therein named ”, approved June 23, 1883, in force July 1 , 1883, be and the same is hereby amended so as to read as follows : Roads axd Rkidgks. :r)r> 809. Highway commissioners — certificate — tax extended — how collected and paid.] § 16. The commissioners, at said semi-an- nual meeting, shall make a certificate of the rate per centum finally agreed u]>on by virtue of sections thirteen and fourteen of this act; also tlie amount to liquidate road and ditch damages, and shall cause such cer- tificate to be delivered to the town clerk, to be kept by him on file for the inspection of the inhabitants of said town, and the town clerk shall at once certify these two items of levy to the county clerk, to be by liiiii extended, as one tax, upon the collector’s book of said town, to be collected as other taxes, and, when collected, shall be paid to the treas- urer of the commissioners by the collector as fast as the same is col- lected, except such rate per cent, as shall be allowed for collecting the same: Provided, that one-half the tax required to be levied in sections thirteen and fourteen and collected for road and bridge purposes, on the property lying within an incorporated village, town or city in which the streets and alleys are under the care of the corporation, shall be paid over to the treasurer of such village, town or city, to be appro- priated to the improvement of roads, streets and bridges, either within or without said village, town or city and within the township, under the direction of the corporate authorities of such village, town or city; And, provided, further, that when any of said tax is expended beyond the limits of said village, town or city, it shall be with the consent of the road commissioners of the town ; Provided, further, that in all cities of thirty-five thousand (35,000) inhabitants or upwards, all of said tax required to be levied and collected under said sections thirteen and fourteen within the limits of such city, shall be paid over to the treasurer of such city for city purposes. An act in regard to roads and bridges, in counties under township organization and to repeal an act and parts of acts therein named. [Approved June 23, 1883. In force July 1, 1883. L. 1883, p. 137. 810. Tax of town or village.] § 83. The commissioners of high- ways of each town shall annually ascertain, as near as practicable, how much money must be raised by tax on real and personal property, and railroad property known as ‘‘railroad track” and “ rolling stock ”, for the making and repairing of roads only, to any amount they may deem necessary, not exceeding forty cents on each one hundred dollars’ worth, as equalized and assessed by the state board of equalization, for the purposes of taxation for the previous year, and shall levy and assess the same as a road tax against property : Provided, that the tax on the property levied for road purposes only, lying within an incorporated village, town or city in which the streets and alleys are under the care of the corporation, shall be paid over to the treasurer of such village, town or city, to be appropriated to the improvement of roads, streets and bridges, either within or without said village, town or city, and within the township, under the direction of the corporate authorities of such village, town or city ; Provided, further, that when any of said Koads and Bui dues. 357 tax is expended beyond the limits of said village, town or city, it shall be with the consent of the road commissioners of the town ; And, pro- vided, further, that the authorities of such incorporated town, city or village, may, at any time, direct the collector not to collect the tax so levied within the limits of such incorporated town, city or village. An act to provide for the organization of road districts, the election and duties of officers therein, and in regard to roads and bridges, in coun- ties not under township organization, and to repeal an act and parts of acts therein named. [Approved Mav 4, 1887. In force July 1, 1887. L. 1887, -p. 266. 811. Injuring sidewalk, bridge etc.] § 12. If any person shall purposely destroy or in jure any sidewalk, public bridge, culvert or cause- way, or remove any of the timber or plank thereof, or obstruct the same, he shall forfeit a sum not less than three nor more than one hundred dollars, and shall be liable for all damages occasioned thereby and all necessary costs for rebuilding or repairing the same. 812. Proceeding for recovery of penalties.] § 13. All suits for the recovery of any fine or penalty under this act shall be brought in the name of the district in which the offense is committed, before any justice of the peace or police magistrate within the district, who shall have jurisdiction in such cases to the extent of their jurisdiction in other cases ; and, it shall be the duty of the commissioners to seasonably prose- cute for all fines and penalties under this act; but, in case of a failure of said officers to so prosecute, complaint may be made by any person : Provided, said person shall, before bringing suit in the name of the dis- trict, give a bond for costs, as is provided for in the case of non resi- dents. But, whenever any person shall enter complaint to any road commissioner it shall be the duty of such commissioner to, at once, pro- ceed to investigate as to the reasons of such complaint, and if such com- plaint is found to be just he shall at once proceed to prosecution ; Pro- vided, further, that the commissioners may sue and be sued on all con- tracts entered into by them for the construction and repairing of roads and bridges, and the judgment in any such case against the commis' sioners shall be a district charge. 1. The statute in regard to security for costs by non residents (May 30, 1881, L. 1881, p. 104) reads thus: “ No person who is'not a resident of this state shall com- mence any action, before a justice of the peace, until such non resident shall file, with the justice before whom such action may be brought, a bond, with sufficient se^ curity, for the payment of all costs which may be awarded against the plaintiff, should he fail in his suit; which bond shall be in the following form, as near as may be, inserting the names of the parties, the district and state* State of Illinois, [ District. , Justice of the Peace. I, E. F., do enter myself security for all costs that may accrue in the above cause. Dated this day of , E. F. Sale of Property. 31. SALE OF PliOPERTY. Section. Section. bl3. Cities and villages may sell — when 815. Deeds of conveyance, and how. 814. Ordinance — notice to bid — acceptance or refusal of bid. An act to aiitliorizo cities and villages to convey any real or personal estate, or their right and title therein, when the same shall be no longer necessary for, or profitable to, or its longer retention be for the best interests of such city or village. [Approved March 22, 1889. In force Jnly 1, 1889. L. 1889, p. 85. 813. Cities and villages may sell — when and how.] § 1. Be it enacted hy thejpeople of the state of Illinois^ represented in the general assembly^ That, any cit}^ 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 whatsoever, is hereby authorized and empowered by ordinance passed by three- fourths of the members of the city council of any such city, or of the board of trustees of any such vil- lage, 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 ma- jority of such city council or board of trustees, be no longer necessary, appropriate or required for the use of such city or village, or profitable to, or its longer retention be for the best interests of such city or vil- lage. 814. Ordinance — notice to bid — acceptance or refusal of bid.] § 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 be- fore 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 pub- lished 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 the bids will be considered and opened, and shall advertise for sixty days for bids therefor. All such bids shall be opened, only, at a regular meeting of such city council or board of trustees, and shall be accepted only upon a vote of three-fourths of the members of such city council or board of trustees: Provided, however, that the city council or board of trustees may by a majority vote reject any and all bids. 815. Deeds of conveyance.] § 3. Upon any bid having been ac- cepted and the purchase price duly paid or secured, the mayor and city clerk, or the president of the board of trustees and the clerk of such board, shall have the power to convey such real and personal estate and transfer the same, to such party or parties whose bids have been ac- cepted, by proper deed or deeds of conveyance, stating therein the price therefor, with the seal of the corporation. Schools. 359 32. SCHOOLS. Section. 816. Powers of directors. 817. Cities and villages, not under special charter, subject to general law. 818. Board of education, how constituted — membership. 819. President — election — term of office. 820. President — duties of. 821. Members annually elected. 822. Notice of election — form of. 823. Failure to give notice. 824. Election, how conducted. 825. First election, under this act. 826. Powers and duties of board. 827. Expenditure of money decided by yea and nay vote. 828. Powers exercised only at regular or special meeting. 829. Title to realty vests in school trus- tees, in trust. 830. Moneys held as a special fund, sub- ject to order of board. 831. Schools under special charters may adopt this act — proceeding. 832. Organization hereunder — elections. 833. Boards in cities of over 100,000 in- habitants — term of office — present incumbents. 834. Member -hip — eligibility. 835. Officers and employes — duties and compensation. 836. Record of proceedings. 837. Power and duties of board, when city council concurs. 838. Powers of board. 839. Duties of board. 840. Powers exercised only at regular or special meeting. 841. Title to realty vests in city council, in trust. 842. Moneys held as a special fund, sub- ject to board’s order. 843. Expenditures confined to specified receipts and appropriations. 844. Board exclusively governs schools. 845. Fines and forfeitures, disposal of. Section. 846. Wrongful use of funds. 847. Use of fund in aid of sectarianism. 848. Exclusion of child, for color. 849. Statute, how to be construed. 850. J udgment — execution — mandamus. 851. Compensation not allowed. 852. Officers hold over. 853. School directors — appointment in certain cases. 854. How appointed. 855. Board, organization of— powers and duties of. 856. Tax for school purposes. 857. Board of education under special act. 858. Petition — election — notice. 859. Repealing clause. 860. Emergency. 861. Assumption of prior debts created by city. 862. Cities of 20,000 to 100,000, control of schools. 862a. Taxation. 862b. Record of proceedings. 862c. Emergency. 862d. Compulsory education — attendance required. 862e. Violation of act — penalty. 862f. Truant officers. 862g. Recovery of fines and penalties. 862h. Evasion of statute. 863. Power to convey property to school officers. 864. Non user — reversion — reconvey- ance. 865. Trustees, under special charters, to account and cease. 866. Repeal. 867. Realty may be conveyed for school purposes. 868. Expense of election of trustee, how paid 8 !9. Expense of election of directors, how paid. 870. Tax levy. An act to establish and maintain a system of free schools. [Approved and in force May 21, 1889. L., 1889, p. 256. Article Y — Board of Directors. 8i6. Power of directors.] § 27. The board of school directors shall be clothed with the following additional powers : First — To use any funds belonging to their district and not other- wise appropriated for a suitable book for their records. And, the said records shall be kept in a punctual, orderly and reliable manner. 3G0 Schools. Second — Said directors may, where they deem the amount of labor done sufficient to justify it, allow the clerk of such board of directors, out of any funds not otherwise appropriated, compensation for duties actually j)erformed. Third — They shall have power to dismiss a teacher for incompe- tency, cruelty, immorality or other sufficient cause. Fourth — They shall have power to assign pupils to the several schools in the district, to admit non residents, when it can be done without ])rejudice to the rights of resident pupils, to fix rates of tuition, collect and pay the same to the township treasurer for the use of said districts. Fifth — They may suspend or expel pupils who may be guilty of gross disobedience or misconduct ; and no action shall lie against them for such expulsion or suspension. Sixth — They may provide that children under twelve (12) years of age shall not be confined in school more than four hours daily." Seventh — They may ap])ropriate, for the purchase of libraries and apparatus, any school funds remaining after all necessary school ex- penses are paid. Eighth — When any school district owns any personal property not needed for school purposes the directors of such district may sell such property at public or private sale, as in their judgm'ent will be for the best interests of the district, and tlie proceeds of such sale shall be paid over to the treasurer of such district, for the benefit of said school dis- trict. Ninth — They may grant special holidays, whenever, in their judg- ment, such action is advisable : Provided, no teacher shall be required to make up the time lost by the granting of such holidays. Tenth — They shall have the control and supervision of all school houses in their district and may grant the temporary use of school houses, when not occupied by schools, for religious meetings and Sun- day schools, for evening schools and library societies and for such other meetings as the directors may deem proj^er. Eleventh — They shall have power to decide when the school house site, or the school buildings have become unnecessary or unsuitable or inconvenient for a school. Twelfth — They may borrow money, and issue bonds therefor, for building school houses, purchasing sites, repairing and improving school houses, in the ^vay and manner provided for by article 9 of this act. 1. See § 826. Article YI. — Board of Education. 817. Cities and villages, not under special charter, subject to general law.J § 1. Incorporated cities and villages, except such as now have charge and control of free schools by special acts, shall be and remain parts of the school townships in which they are respectively situated and be subject to the general provisions of the school law, ex- cept as otherwise provided in this article. Schools. 361 818. Board of education, how constituted — membership.] § 2 . In all school districts having a population of not less than one thousand and not over one hundred thousand inhabitants and not governed by any special act in relation to free schools now in force, there shall be elected, instead of the directors provided by law in other districts, a board of education, to consist of a president of the board of education, six inein- bers and three additional members for every additional ten thousand inhabitants. Whenever additional members of such board of education are to be elected by reason of increased population of such district, such members shall be elected on the third Saturday of April succeeding the ascertaining of such increase by anj^ special or general census, and the notice of such election shall designate the term for which the members are to be elected, so that one-third of the board shall be elected for each year : Provided, that in no case shall said board consist of more than fifteen members. 819. President — election — term of office.] §3. The president of said board of education shall be elected annually, at the same time the members of the board of education are elected, and he shall hold his office for the term of one year, and until his successor is elected and qualified. 820. President — duties of.] § 4. The president of the board of education so elected, shall preside at all meetings of said board, and shall give the casting vote in case of a tie between the members thereof; but, otherwise he shall not have a vote. He shall sign all orders for the payment of money ordered by said board and, generally, perform such duties as are imposed by law upon presidents of boards of directors, or that may be imposed upon him by said board of education, not in con- flict with law : Provided, that in the absence or inability to act as said president, said board may appoint a president pro tempore from their number. 821. Members annually elected.] ^5. The annual election of mem- bers of the board of education shall be on the third Saturday in April, when one-third of the members shall be elected for three years and until their successors are elected and qualified. 822. Notice of election — form of.] § 6. Notice of sucli election shall be given by the board of education at least ten days previous to such election, by posting notices in at least three of the most public places in said district, which shall specify the place where such election is to be held, the time of opening and closing the polls and the purpose for which such election is held, which notice may be in the following form, to wit : Public notice is hereby given, that on Saturday the day of April, A. D. . . . , an election will be held at between the hours of and of said day for the purpose of electing a president of the board of education of district number. . .. ., township No , range No. . . . and members of the board of education of said district. Dated this day of A. D A B President. C D Clerk. SCHOOl.S. 3(;2 823. Failure to give notice.] § 7. In case of a failure to give the notice above provided for, such election may be held on any Saturday after such notice has been given as aforesaid. 824. Election, how conducted.] § 8. Such election shall be con- ducted in the same manner and be governed by the provisions of this act, 1‘elating to the election of boards of directors, except as otherwise pi’ovided by law. 825. First election under this act.] § 9. At the first election of directors succeeding the passage of this act, in any district having a ])opulation of not less than one thousand inhabitants by the census of 1880, and in such other districts as may hereafter be ascertained by any special or general census to have a population of not less than one thou- sand inhabitants, at the first election of directors occurring after taking such special or general census, there shall be elected a board of educa- tion, who shall be the successors of the directors of the district ; and all rights of property and all rights or causes of action existing or vested in such directors, shall v^est in said board of education, in as full and com- plete a manner as was vested in the school directors. Such board, at its first meeting, shall fix, by lot, the terms of office of its members, so that one-third of them shall serve for one year, one-third for two years, and one-third for three years, and thereafter one-third shall be elected annually on the third Saturday in April, to fill the vacancies occurring, and to serve for the term of three years. 826. Powers and duties of board.] § 10 . The board of education shall have all the powers of school directors and in addition thereto and inclusive thereof they shall have the power, and it shall be their duty : 1. See § §16, ante; as to tliese powers. First — To establish and support free schools not less than six nor more than ten months in each year. Second — To repair and improve school houses and furnish them with the necessary fixtures, furniture, apparatus, lilwaries and fuel. Third — To examine teachers, as supplemental to any other examina- tion ; to employ teachers and fix the amount of their salaries. Fourth — To established schools of different grades and make regula- tions for the admission of pupils into the same. Fifth — To buy or lease sites for school houses with the necessary grounds : Provided, it shall not be lawful for such board of education to purchase or locate a school house site, or to purchase, build or move a school house unless authorized by a majority of all voters voting at an election called for such purpose in pursuance of a petition signed by not less than five hundred legal voters of such district, or by one-fifth of all the legal voters of such district. Sixth — To levy a tax annually upon the taxable property of the dis- trict, in the manner provided in article 8 of this act, for the purpose of supporting and maintaining free schools in accordance with the powers Schools. 303 herein conferred : Provided, that it sliall not be lawful for such board of education to levy a tax to extend schools beyond the period of ten months in each year, except upon petition of a majority of the voters of the district ; And, provided, further, that all taxes shall be levied under the limitations relating to the per centage of the assessment as provided by section 1, article 8 of this act. Seventh — To employ, should they deem it expedient, a competent and discreet person or persons as superintendent or superintendents of schools, and tix and pay a proper salary or salaries therefor. [Such superintendent may be required to act as principal or teacher in such schools. Eighth — To lay off and divide the district into sub-districts and, from time to time, alter the same, create new ones and consolidate them. Ninth — To visit all the public schools as often as once a month, to inquire into the progress of scholars and the government of the schools. Tenth — To prescribe the method and course of discipline and instruc- tion in the respective schools, and to see that they are maintained and pursued in the proper manner. Eleventh — To expel any pupil who may be guilty of gross dis- obedience or misconduct. No action shall lie against them for such ex- pulsion. Twelfth — To dismiss and remove any teacher, whenever, in their opinion, he or she is not qualified to teach, or whenever from any cause the interests of the schools may, in their opinion, require such removal or dismissal. Thirteenth — To apportion the scholars to the several schools. Fourteenth — To establish and promulgate all such by-laws, rules and regulations for the government and the establishment and main- tenance of a proper and uniform system of discipline in the several schools, as may in their opinion be necessary. Fifteenth — To take charge of the school houses, furniture, grounds and other property belonging to the district, and see that the same are kept in good condition and not suffered to be unnecessarily injured or deteriorated. Sixteenth — To provide fuel and such other necessaries for the schools as, in their opinion, may be required in tlie school liouses, or other property belonging to or under the control of the district. Seventeenth — To appoint a secretary and provide well bound books, at the expense of the school tax fund, in which shall be kept a faithful record of all their proceedings. Eighteenth — To annually prepare and publish in some newspaper, or in pamphlet form, a report of the number of pupils instructed in the year preceding, the several branches of study pursued by them, of the number of persons between the ages of twelve and twenty-one unable to read or write, and the receipts and expenditures of each school, specifying the source of such receipts and the object of such expenditures. Schools. 827. Expenditure of money decided by yea and nay vote.] §11. Ill all questions involving the expenditure of money, the yeas and nays shall be taken and entered on the records of the proceedings of the board.. 828. Powers exercised, only, cit regular or special meeting.] § 12. None of the powers herein conferred upon boards of education shall be exercised by them, except at a regular or special meeting of the board. 829. Title to realty vests in school trustees, in trust.] § 13 . All conveyances of real estate shall be made to the township trustees in trust for the use of schools, and no conveyance of any real estate or interest therein used for school purposes, or held in trust for schools, shall be made except by the board of trustees, upon the written request of such board of education. 830. Moneys held as a special fund, subject to order of board.] § 14. All money raised by taxation for school purposes, or received from the state common school fund, or from any other source, for school purposes, shall be held by the township treasurer as a special fund for school purposes, subject to the order of the board of education, upon warrants signed by the president and secretary thereof. 831. Schools under special charters may adopt this act — pro- ceeding.] § 15. Any city, incorporated town, township or district in which free schools are now managed under any special act, may, by vote of its electors, cease to control such schools under such special act, and become a part of the school township in which it is situated, and subject to the control of the trustees thereof, under and according to the provisions of this act. Upon petition of fifty voters of such city, town, township or district, presented to the board having the control and management of schools in such city, town, township or district, it shall be the duty of such board, at the Tiext ensuing election to be held in such city, town, or township or district, to cause to be submitted to the voters thereof, giving not less than fifteen days’ notice thereof, by posting not less than five notices, in the most public places in such city, town, township or district, the question of “ organization under the free school law ” ; which notice shall be in the following form, to- wit : Public notice is hereby given that on the day of A. D an election will be held at , between the hours of M. and M. of said day, for the purpose of deciding the question of “organization under the free school law ”. 832. Organization hereunder — elections.] § 16 . If it shall ap- pear on a canvass of the returns of such election that a majority of the votes cast at such election are For organization under the free school law”, then at the next ensuing regular meeting of the board of trus- tees of the township or townships in which such city, incorporated town, township or district is situated, said trustees shall proceed to re- district the township or townships, as aforesaid, in such manner as shall Schools. 305 suit the wishes and convenience of a majority of tlie inhabitants in their respective townships and to make a division of funds and other property in the manner provided for by section of article 3, of this act, and on any Saturday thereafter there shall be elected in each of the new districts so formed, a director, directors or board of education, as the case may be, in the manner provided for in section 6 of article 5 of this act, and thereafter such districts shall proceed as other districts under this act. But, all subsequent elections of directors or boards of education shall be conducted as provided in sections 5 and 8 of article 5 of this act. 833. Boards in cities of over 100,000 inhabitants — term of of- fice — present incumbents.] § 17. In cities having a population ex- ceeding one hundred thousand inhabitants, from and after this act shall take effect, the board of education shall consist of twenty-one members, to be appointed by the mayor, by and with the advice and consent of the common council, seven of whom shall be appointed foi the term of one year, seven for the term of two years, and seven for the term of three years : Provided, however, that in such cities wherein there is now a board of education, holding their office by appointment, such officers shall continue in office until the time at which their terms would have expired under the law in force at the time of their appoint- ment. At the expiration of the term of any members of said boaid, their successors shall be appointed in like manner and shall hold their office for the term of three years. Any vacancy which may occur shall be filled by the appointment of the mayor, with the approval of the common council for the anexpired term ; And provided, further, that from and after this act shall take effect, there shall be appointed by the mayor, by and with the advice and consent of the common council, six members, two of whom shall be appointed for the term of one year, two for the term of two years, and two for the term of three years. [As amended June 22, 1891, L., 1891, p. 195. 834. Membership — eligibility.] § 18. Any person having re- sided in any such city more than five years next preceding his appoint- ment, shall be eligible to membership of such board of education. 835. 1 Officers and employes — duties and compensation.] § 19. The said board of education shall appoint a president and secretary, the president to be appointed from their own number, and shall appoint such other officers and employes as such board shall deem necessary, and shall prescribe their duties, and compensation and terms of office. 836. Record of proceedings.] § 20. The said board shall provide well bound books, at the expense of the school tax fund, in which shall be kept a faithful record of all their proceedings. The yeas and nays shall be taken and entered on the records of the proceedings of the board upon all questions involving the expenditure of money. 837. Power and duties of board, when city council concurs.] § 21. The said board of education shall have charge and control of the Schools, j)ublic schools in such cities, and shall have power, with the concurrence of the city council : First — To erect or purchase buildings suitable for school houses, and keep the same in repair. Second — To buy or lease sites for school houses, with the necessary grounds. Third — To issue bonds for the purpose of building, furnishing and repairing school houses, for purchasing sites for the same, and to pro- vide fur tlie payment of said bonds, to borrow money for school pur- poses u])on the credit of the city. 838. Powers of board. § 22. The said board of education shall have power. First — To furnish schools with the necessary fixtures, furniture and apparatus. Second — To maintain, support and establish schools, and supply the inadequacy of the school funds for the salaries of school teachers from school taxes. Third — To hire buildings or rooms for the use of the board. Fourth — To hire buildings or rooms for the use of schools. Fifth — To employ teachers and fix the amount of their compensa- tion. Sixth — To prescribe the school books to be used, and the studies in the different schools. Seventh — To lay off and divide the city into school districts and, from time to time, to alter the same and create new ones, as circum- stances may require and, generally, to have and possess all the rights, powers and authority required for the proper management of schools, with power to enact such ordinances as may be deemed necessary and expedient for such purpose. Eighth — To expel any pupil who may be guilty of gross disobedi- ence or misconduct. Ninth — To dismiss and remove any teacher whenever, in their opinion, he or she is not qualified to teach, or whenever, from any cause, the interests of the school may, in their opinion, require such removal or dismission. Tenth — To apportion the scholars to the several schools. Eleventh — To lease school property, and to loan moneys belonging to the school fund. 839. Duties of board.] § 23 . It shall be the duty of such board of education : First — To take the entire superintendence and control of the schools in such cities. Second — To examine all persons offering themselves as candidates for teachers, and, when found well qualified, to give them certificates gratuitously. Third — To visit all the public schools as often as once a month. Schools. 307 Fourth — To establish all such by-laws, rules and regulations for the government, and for the establishment and maintenance of a proper and uniform system of discipline in the several schools, as may, in their opinion, be necessary. Fifth — To determine, from time to time, how many and what class of teachers may be employed in each of the public schools, and employ such teachers and tix their compensation. Sixth — To take charge of the school houses, furniture, grounds and other property belonging to the school districts, and see that the same are kept in good condition, and not suffered to be unnecessarily injured or deteriorated. Seventh — To provide fuel, and such other necessaries for the schools as, in their opinion, may be required in the school houses, or other pro- perty belonging to the said districts. Eighth — To inquire into the progress of scholars and the govern- ment of the schools. Ninth — To prescribe the method and course of discipline and in- struction in the respective schools, and to see that they are maintained and pursued in the proper manner. Tenth — To prescribe what studies shall be taught, and what books and apparatus shall be used. Eleventh — To report to the city councul, from time to time, any suggestions they may deem expedient or requisite in relation to the schools and the school fund, or the management thereof and, generally, to recommend the establishment of new schools and districts. Twelfth — To prepare and publish an annual report, which shall in- clude the receipts and expenditures of each school, specifying the source of such receipts and the object of such expenditures. Thirteenth — To communicate to the city council, from time to time, such information within their possession as may be required. 840. Powers exercised, only, at regular or special meetings.] § 24. None of the powers herein conferred upon the board of educa- tion of such cities shall be exercised by them except at a regular meet- ing of such board. 841. Title to realty vests in city council, in trust.] § 25. All conveyances of real estate, shall be made to the city, in trust, for the use of schools, and no sale of real estate or interest therein, used for school purposes, or held in trust for schools, shall be made except by the city council, upon the written request of such board of education. 842. " Moneys held as a special fund, subject to board’s order.] § 26. All moneys raised by taxation for school purposes, or received from the state common school fund, or from any other source, for school purposes, shall be held by the city treasurer as a special fund for school purposes, subject to the order of the board of education, upon warrants to be countersigned by the mayor and city clerk. 843. Expenditures confined to specified receipts and appropria- tions.] § 27 . Said board of education shall not add to the expend!- Schools. 3f)8 tures for school purposes any thing over and above the amount that shall be received from the state common school fund, the rental of school lands or property, and the amount annually appropriated for such purposes. If said board shall so add to such ex))enditure the city sliall not, in any case, be liable therefor. And, no thing herein con- tained shall be construed so as to authorize any such board of education to levy or collect any tax upon the demand, or under the direction, of sin-h board of education. 844. Board exclusively governs schools.] § 28. All schools in such cities shall be governed as hereinbefore stated; and, no power given to the board of education shall be exercised by the city council of such city. Article XIY — Fines and Forfeitures. 845. Fines and forfeitures — disposal of.] § 1. All fines, penal- ties and forfeitures imposed or incurred in any of the courts of record, or before any justice of the peace of this state, except fines, forfeit- ures and penalties incurred or imposed in incorporated towns or cities for the violation of the by-laws or ordinances thereof, shall, when col- lected, be paid to the county superintendent of schools of the county wherein such fines, penalties or forfeitures have been imposed or in- curred, and the said county superintendent of schools shall give his re- ceipt therefor to the person from whom such fine, forfeiture or penalty was received. The said county superintendent shall, annually, distri- bute such fines, penalties or forfeitures in the same manner as the com- mon school funds of the state are distributed. Article XY — Liability of School Officers. 846. Wrongful use of funds.] §6. If any county superintendent, trustee of schools, township treasurer, director or any other person in- trusted with the care, control, management or disposition of any school, college, seminary or township fund, for the use of any county, township, district or school, shall convert such funds or any part thereof to his own use, he shall be liable to indictment and, upon conviction thereof, shall be fined in any sum not less than double the amount of money converted to his own use and imprisoned, in the county jail, not less than one nor more than twelve months, at the discretion of the court. 847. Use of fund in aid of sectarianism.] § 12. Xo county, city, town, township, school district or other public corporation shall ever make any appropriation, or pay from any school fund whatever, any thing in aid of any church or sectarian purpose, or to help support or sustain any school, academy, seminary, college, university or other lite- rary or scientific institution controlled by any church or sectarian de- nomination whatever ; nor shall any grant or donation of money, or other personal property, ever, be made by any such corporation to any church or for any sectarian purpose ; and, any oflBcer or other person Schools. 3ft) liaving under his charge or direction school funds or property, who shall pervert the same, in the manner forbidden in this section, shall be liable to indictment and, upon conviction thereof, shall be fined in a sum not less than double the value of the property so perverted, and imprisoned in the county jail not less than one (1) nor more than twelve (12) months, at the discretion of the court. 848. Exclusion of child for color.] § 14. Any school officer or officers, or any other person, who shall exclude or aid in the exclusion from the public schools of any child who is entitled to the benefits of such school, on account of such child’s color, shall be fined, upon con- viction, in any sum not less than five (5) dollars nor more than one hundred (100) dollars each, for every such offense. Article XYI — Miscellaneous. 849. Statute, how to be construed.] § 7. This act shall not be so construed as to repeal or change, in any respect, any special acts in relation to schools in cities having less than one hundred thousand in- habitants, or incorporated towns, townships or districts, except that it shall be the duty of the several boards of education, or other officers of any city or incorporated town, township or district, having in charge schools under the provisions of any of said special acts, or of any ordi- nance of any city or incorporated town, on or before the fifteenth day of July preceding each regular session of the general assembly of this state, or annually, if required so to do b}^ the state superintendent of public instruction, to make out and render a statement of all such sta- tistics and other information in regard to schools and the enumeration of persons, as is required to be communicated by township boards of trustees or directors, under the provisions of this act, or so much thereof as may be applicable to said city or incorporated town, to the county superintendent of the county where such city or incorporated town is situated, or of the county in which the larger part of such city or in- corporated town is situated ; nor shall it be lawful for the county su- perintendent, or any other officer or person, to pay over any portion of the common school fund to. any local treasurer, school agent, clerk, board of education, or other officer or person, of any township, city or incorporated town, unless a report of the number of persons, and other statistics relative to schools, and a statement of such other information as is required by the board of trustees or directors, as aforesaid, and of other school officers and teachers, under the provisions of this act, shall have been filed at the time or times aforesaid, specified in this section, with the superintendent of the proper county, as aforesaid. 850. Judgment — execution — mandamus.] § 9. If judgment shall be obtained against any township board of trustees or school di- rectors, the party entitled to the benefit of such judgment may have execution therefor, as follows, to wit : It shall be lawful for the court in which such judgment shall be obtained, or to which such judgment may be removed by transcript or appeal from a justice of the peace, or 370 Schools. other court, to issue thence ii writ, commanding the directors, trustees and treasurer of such township, to cause the amount thereof, with in- terest and costs, to he paid to tlie party entitled to tlie henefit of such judgment, out of any moneys unappropriated of said township or dis- trict or, if there he no such moneys, out of the first moneys applicable to the payment of the kind of services or indebtedness for which such judg- ment shall he obtained, which shall he received for the use of such township or district, and to enforce obedience to such writ by attach- ment, or by mandamus, requiring such board to levy a tax for'the pay- ment of such judgment; and, all legal processes, as well as writs to en- force payment, shall be served either on the president or clerk of the board. 851 . Compensation not allowed.] § 10 . Trustees of schools, school directors, members of boards of education, or other school offi- cers performing like duties, shall receive no pecuniary compensation; but, they shall be exempt from road labor and from military duty during their term of otflce. 852. Officers hold over.] § 11 . All school officers elected in pur- suance of any general law now in force shall hold their respective offices until their successors are elected and qualified under the provi- sions of this act. School Directors etc., in Certain Cases. An act to provide for the appointment of school directors and mem- bers of the board of education, in certain cases. [Approved May 29, 1879. In force July 1 , 1879. L., 1879, p. 285. 853. School directors may be appointed in certain cases.] § 1 . A ) 6 it enacted hy the people of the date of Illinois^ represented in the general assembly^ That, in all cases where, by the provisions of any general or special law of this state heretofore passed, the members of the common council of any city have been made ex officio school di- rectors, or members of the board of education, in and for the school district of which the said city shall constitute the whole or a part, the said school directors, or members of the board of education shall, here- after, be appointed, as hereinafter provided. 854 . How appointed.] § 2 . It shall be the duty of the mayor of such city, at the first regular meeting of the city council, after each municipal election and after his installation into office, to nominate and place for confirmation such school directors or members of the board of education, as tlie case may be, one person from each ward of said city, to serve for two years and, if the persons so appointed shall be cmi- firmed by a majority vote of the city council, to be entered of record, the persons so appointed together with such persons theretofore ap- pointed under the provisions of the act to which this is an amendment, whose terms of service shall not expire within one year, shall consti- tute the board of education or school directors for such district : Pro- vided, that the person appointed from the city at large for one year Schools. 371 shall be president of said board of education or school directors, but, shall have no vote in such board except in case of a tie : And, provi- ded, further, that the term of office of all persons heretofore appointed under the provisions of the act to which this is an amendment, whose term of office expires within one year, shall terminate at the first regu- lar meeting of the city council after the annual meeting and upon the appointment and confirmation of their successors. [As amended by act approved and in force May 28, 1889. L., 1889, p. 236. 855. Board, organization of — powers and duties of.] § 3. The said persons shall, as soon as practicable after their appointment, organize by electing one of their number secretary, who shall hold his office for one year. All rights, powers and duties heretofore exercised by and devolved upon the members of the city council, as cx officio members of the board of education or school directors, shall devolve upon and be exercised by the members of the board of education and school directors appointed under the provisions of this act. [As amended by act approved and in force May 28, 1889. L. 1889, p. 236. 856. Tax for school purposes.] In all school districts, to which this act shall apply, the boards of education, or school directors, shall annually, before the first day of August, certify to the city council — under tlie hands and seals of the president and secretary of the board — the amount of money required to be raised by taxation, for school pur- poses in said district — for the ensuing year; and, the said city council shall, thereupon, cause the said amount to be levied and collected in the same manner now provided by law for the levy and collection of taxes for school purposes in such district ; but, the amdunt to be so levied and collected shall not exceed the amount now allowed to be collected for school purposes by the general laws of this state ; and, when such taxes have been collected and paid over to the treasurer of "such city, or school district, as may be provided by the terms of the act under which such district has been organized, such funds shall be paid out, only, on the order of the board of education, or school directors, signed by the president and secretary of such board. An act to give cities, incorporated towns, townships and districts in which free schools are now managed under special acts, authority to elect boards of education having the same powers as boards of educa- tion now elected under the general free school laws of this state. [Approved and in force June 2, 1891, L., 1891, p. 194. 857. Board of education; election authorized.] § 1 . Be it en- acted hy the people of the state of Illinois^ represented in the general assem- bly: That any city, incorporated town, township or district having a population of not less than one thousand and not over twenty thousand inhabitants, in which free schools are now managed under any special act, may, by vote of its electors, determine to elect, instead of tlie direc- tors or other governing or managing board, now provided for by such special act, a board of education which shall be elected at the time and in the manner and have the powers now conferred by law upon boards of education of districts not governed by any special act. 372 Schools. 858. Petition — election — notice.] § 2 . Upon petition of fifty voters of such city, town, townsliip or district, presented to the board liaviiig the control and management of school in such city, town, town- ship or district, it shall be the duty of such board, at the next ensuing election to be held in such city, town, township or district, to cause to be submitted to the voters thereof, giving not less than fifteen days’ notice thereof, by jiosting not less than five notices in the most public places in such city, town, township or district, the question of “electing a board of education having the powers conferred upon such boards in districts organized under the free school laws,” which notice may be in the following form, to wit : Public notice is liereby given that, on the day of , A. D , an election will be held at , between the hours of. . .m. and. ..m. of said day, for the purpose of deciding the question of “electing a board of education having the powers conferred upon such boards in districts organized under the free school law.” If it shall appear upon a canvass of the returns of such election that a majority of the votes cast at such election are “for electing a board of education having the powers conferred upon such boards in districts organized under the free school law,” then at the time of the next regu- lar election for boards of education under the free school law there shall be elected a board of education for such district ; and should there not be sufficient time to give the notice required by law for such election, then such election may be held on any Saturday thereafter, but all sub- sequent elections shall be held at the time provided by the free school law. 859 . Repealing clause.] § 3. All acts and parts of acts in conflict with this act, are hereby repealed. 860 . Emergency.] § 4. Omitted. An act to allow directors of schools under special laws to assume and provide for indebtedness heretofore created by the authorities of a city for school purposes. [Approved June 22, 1891, p. 197. 861 . Authorizes assumption of prior debts created by city.] § 1. Be it enacted hy the people of the state of Illinois^ represented in the gen- eral assembly: That whenever any city in this state is by special law made a school district, or whenever any school district created by special law shall be coterminous with any city, the directors of such district shall have the power at the request of the city council to assume and ])rovide for, by borrowing and taxation, any indebtedness now ex- isting created by the authorities of the city for school purposes. An act extending the powers of boards of school inspectors elected un- der special acts. [Approved June 19, 1893. L., 1893, p. 176. 862. Cities of 20,000 to 100,000 inhabitants— control of schools.] § 1. Be it enacted hy the people of the state of Illinois^ represented in the general assembly: That in all cities in this state having over 20,000 and less than 100,000 inhabitants, whose schools are now operated under special law, and where, by such special law, territory outside of the city limits is added to the territory within the city for school purposes, and where such school district or districts is not co-extensive with the town- Schools. 373 ship in which such city is situated, and where, by such special law, boards of school inspectors consisting of six members (three in each of two districts) are elected, the provisions of any such special law divid- ing sucli territory into two districts, shall be held to be only for the purpose of electing members of the board of school inspectors, and for all other purposes the territory in two such districts shall be held to be included in one school organization, and the board of school inspectors, in addition to the other powers given by such special law and general school laws, shall have power to employ teachers, janitors and such other employes as such board shall deem necessary and to fix the amount of their compensation, to repair and to improve school houses, and to furnish them with the necessary supplies, fixtures, apparatus, libraries and fuel; and it shall be the duty of such board to take the entire supervision and control of the schools in such district or districts. 862a. Taxation.] § 2. All money necessary for the purposes men- tioned in section one of this act, shall be raised as now provided by law, not to exceed the amount, by law, limited and shall be held, by the treasurer, as a special fund for school purposes, subject to the order of school inspectors, upon warrants to be countersigned by the mayor and city clei-k. 862b. Record of proceedings.] The said board shall provide well bound books, at the expense of the school tax fund, in which shall be kept a faithful record of all its proceedings. The yeas and nays shall be taken and entered on the record of the proceedings of the board upon all questions involving the expenditure of money. 862c. Emergency.] § 4. Omitted. Compulsory Attendance. An act concerning the education of children. [Approved June 19, 1893. L., 1893, p. 178. 862d. Infants — attendance required.] § 1. Be it enacted by the people of the state of Illinois, reprsented in the general assembly : That every person having control of any child between the ages of seven (7) and fourteen (14) years shall, annually, cause such child to attend for at least sixteen (16) weeks, twelve weeks of which attendance shall be con- secutive, some public or private school : Provided, that, this act shall not apply in any case where the child has been or is being otherwise in- structed for a like period of time in the elementary branches of educa- tion or whose physical or mental condition renders his or her attendance impracticable or inexpedient or who is excused, for sufficient reasons, by any competent court of record. 8620. Violation of act — penalty.] § 2. For every wilful neglect of such duty, as prescribed by section one (1) of this act, the person so offending shall forfeit, for the use of the public schools of the city, town or district in which such child resides, a sum not less than one ($1) dol- lar nor more than twenty ($20) dollars and costs of suit. 374 Schools. 862 f. Truant officers.] The board of education in cities, towns, villages and school districts and the board of scliool directors in school districts may, at their own discretion, appoint one or more, proper per- sons whose duty it shall be to leport all violations of this act, in writing, to such board of education or board of directors whose duty it shall be’ when in their opinion the evidence renders such action necessary, to notify in writing the ])arent or guardian that such complaint has been made and if cause be not shown within live ( 5 ) days to, at once, proceed against the responsible })crson, as is hereby provided. It shall, also, be the duty of said board of education in cities, towns, villages and school districts and boards of school directors in school districts to appoint one of their number, who shall be a discreet and proper person, whose duty it shall be to hear excuses and reasons of parents or guardians for the non attendance of children at school and to report, in writing, to said boards of education or boards of directors, at the next regular or special meeting, the names, ages and post office addresses of all persons prose- cuted under the provisions of this act. The persons appointed as such officers shall be entitled to such compensation, for services under this act, as shall be determined by the boards appointing them and which compensation shall be paid out of the distributable school fund. 862 g. Recovery of fines and penalties.] § 4. Any fine and penalty mentioned in this act may be sued for and recovered before any court of record or justice of the peace, of the proper county, in the name of the people of the state of Illinois, for the use of the public schools of the city, town, village or district in which said child resides. 862 h. Evasion of Statute.] § 5. Any person having control of a child who, with intent to evade the provisions of this act, shall make a wilful false statement concerning the age of such child or the time such child has attended school shall, for such offense, forfeit a sum of not less than $3 nor more than $20, for the use of public schools for such city, town, village or district. Conveyance of School Pkoperty. An act to authorize cities and villages to convey real estate held by them for school or academy purposes to the proper school officers. [Approved June 27, 1885. In force July 1 , 1885. L. 1885, p. 59. 863 . Power to convey to school officers.] § 1. Be it enacted by the people of the state of Illinois^ represen ted in the general assembly^ That, any city or village, incorporated under any general or special law of this state, which shall hold any real or personal estate which shall, have been conveyed to such city or village, by virtue of any general or special law of this state, or otherwise, for school or academy purposes is hereby authorized and empowered, by ordinance or resolution of the city council of any such city and of the president and board of trustees of any such village, to cause such real or personal estate to be conveyed and transferred to the proper school officers, authorized to hold the same, for the use of the district in wliich such real or personal estate shall be Schools. 375 situated by proper deed or deeds of conveyance, executed by the proper officers of such city or village, under the common seal thereof. 864 . Non user; reversion; re-conveyance. ] § 2 . That, if any real estate, conveyed by virtue of this act, shall, at any time, cease to be used for school purposes, for a period of three years, then it shall be the duty of the school officers, holding the title to such real estate, to con- vey the same back to said city or village to be by it, thereafter ward, held, enjoyed and disposed of as other corporate property ; which condition shall be inserted in any deed made by any such city or village by virtue of this act. Said re-conveyance, in case of the non use of such real estate, for the period aforesaid, may be compelled and enforced by any tax payer of said city or village by proper proceedings to be instituted by him for that purpose. 865 . Trustees under special charters; to account and cease.] § 3. That, in all cases where any such real or personal estate shall have been under the control of any trustees, appointed or elected by virtue of any general or special law of this state, that whenever such estate shall be conveyed as aforesaid, that the duties of such trustees, in rela- tion thereto, shall cease and determine, and it shall be their duty to immediately settle and adjust all matters relating to such trust or estate and make report to the proper authority of their acts and doings, upon the approval of which said trustees will be released and discharged from the further performance of duty in tb.at behalf. All moneys which may remain in the treasury of such city or village to the credit of any fund, connected with the use of such real or personal estate while so held by such city or village, shall be used by such city or vil- lage for any lawful corporate purpose. 866 . Repeal.] § 4. That all acts or parts of acts inconsistent with the provisions of this act are hereby repealed. An act to permit towns, cities and villages under special charters to convey real estate, for school sites, to school trustees of the township. [Approved May 21 , 1887. In force July 1 , 1887. L. 1887, p. 127. 867 . Real estate may be conveyed for school purposes.] § 1. Be it enacted hy the people of the state of Illinois^ represen ted in the general assernhly^ That, any town, city or village incorporated, by a special charter granted by the general assembly of the state of Illinois, holding title to or having an interest in any real estate, may, by proper deed of conveyance, executed by the corporate authorities of said town, city or village, when authorized hy ordinance, sell and convey the same to the trustees of schools of the township in which such real estate is situated, to be used as a school site for the school district in which such real estate is situated. Schools. 3 7 oil An act to regulate tlic liolding of elections and declaring tlie result thereof for town, school townsliip and school district ])urposes where such town, school townshij) or school district lies wholly within or ])artly within and partly without any city, village or incorporated town which has adopted or may ado})t an act entitled “ an act regu- lating the holding of elections and declaring the result thereof in cities, villages and incor])orated towns in this state,” ap]>roved June 19, 1S85 ; in force July 1, 1SS5. [Approved and in force March 23, 1887. L., 1887, ]). 175, ante, § 351. 867a. Town etc. wholly or partly within a city.] § 1. Be it enacted hy the jjeoj)le of the state of Illinois^ represented in the (jeneral assemljly^ That in all elections hereafter held for town, school town- ship or school district purposes in any town, school township or school district lying wholly within or partly within and partly without any city, village or incorporated town which has or may adopt an act entitled “ an act regulating the holding of elections and declaring the result thereof in cities, villages and incorporated towns in this state,” approved June 19, 1885, in force July 1, 1885, the legal authorities of such town, school township or school district shall locate the polling place or places, apj^oint the judges and clerks and otherwise conduct the election in that portion or part of the town, school township or school district that lies without such city, village or incorporated town in the manner now j)rovided by law, except as hereinafter provided, but no one residing without such city, village or incorporated town shall vote at any polling j^lace within, nor shall any one residing within vote at any polling place without, and the votes cast at the polling place or places without such city, village or incorporated town shall be can- vassed, certified and returned as is now provided by law in such cases and, in addition thereto, a complete abstract of the votes cast shall be made, certified and returned to the election commissioners of such city, village or incorporated town. 867b. Election, how conducted.] § 2. In all that part or portion of such town, school township or school district that lies within such city, village or incorporated town or where the same lies wholly within any such city, village or incorporated town the election shall be con- ducted by the election commissioners of such city, village or incorpo- Schools. 375 b rated town in strict conformity witli tlie said act approved June 19, 1885, mentioned in section one of this act, and wlien partly within and partly wdthont any such city, village or incorporated town the election commissioners shall certify the returns received hy them from the polling place or j^laces without such city, village or incorporated town, to the proper officer or officers, and all the returns so certified and returned by the election commissioners shall be canvassed together with the returns certified from polling places within by the same canvassing board, the results thereof declared and certificates of election shall be issued thereon the same as if all such votes had been cast in, certified and returned from such city, village or incorporated town. Provided, it shall not be necessary under this act for the election commissioners to make or cause to be made a revision of the registry for special elec- tion or elections to fill a vacancy in a single office. 867c. Officer’s neglects etc. — obstructing election.] § 3. Any officer who shall willfully refuse to perform any duty required by this act shall be guilty of a misdemeanor and shall be liable to a fine of not less than one hundred dollars nor more than five hundred dollars and, on conviction, shall be removed from office by the order of court wherein such fine is assessed, and any person or combination of persons who shall, under any pretense whatever, attempt to establish a rival polling place or otherwise attempt to obstruct or interfere with any election held or to be held under this act shall be guilty of a felony and on con- viction shall be imprisoned in the penitentiary not less than one nor more than three years. 867d. Repealing.] § 3 ^. All acts or parts of acts in conflict with this act are, hereby, repealed. Emergency.] § 4. Omitted. ’ School Officers m Cities. An act to provide for the compensation of judges and clerks of elections at elections at which trustees of schools and school directors are elected under the provisions of an act entitled an act to regulate 3TG SrAUROWS. the holding of elections and declaring the result thereof in cities, villages and incorporated towns in this state,” approved June 19, 1885. [Approved Juno 3, 1889. In force July 1, 1889. L. 1889," p. 150. 868. Expense of election of trustee, how paid.] § 1. Be it en- acted hy the people of the state of Illinois^ represented in the general assemhly^ That, at all elections held under the provisions of an act en- titled “ An act to regulate the holding of elections and declaring the result thereof in cities, villages and incorporated towns in this state’’, approved June 19, 1885, and those amendatory and supplemental thereto, at which any trustee of school may have been heretofore or shall hereafter be elected, the expenses of such election shall be paid out of the treasury of such city, village or incorporated town. 869. Expense of election of director, how paid.] § 2. That, at all elections held under the provisions of said acts at which a school director is elected, the expenses of such election shall be paid out of any funds belonging or appertaining to the district for which such di- rector is elected. 870. Tax levy.] § 3. The corporate authorities of cities, villages, incorporated towns or school districts are, hereby, authorized and empowered to levy taxes for the purpose of paying such election expenses. 82a. SPAEROWS. 870a. Bounty for killing during certain 870d. Killiug of other birds — penalty. monihs. 870e. Entomological bulletins, for clerks. 870b. Application for bounty — bow made. 870f. Certificates for bounty wrongfully 870c. Payment — bow made. issued — penalty. An act to provide for the payment of bounties for killing English spar- rows. [In force July 1, 1891, L., 1891, p. 201. 870a. Bounty for killing during certain months.] § 1. Be it en- acted hy the people of the state of Illinois^ represented in the general assem- bly: That every person, being an inhabitant of this state, who shall kill an English sparrow in any county not under township organization or in any organized township, village or city in this state during the months of December, January and February, shall be entitled to receive a bounty of two cents for each sparrow thus killed, to be allowed and paid in the manner hereinafter provided. 870b. Application for bounty — how made.] § 2. Every per- son applying for such bounty shall -take such sparrow, or the head thereof, in lots of not less than ten, to the county clerk in counties not under township organization, or to the clerk of the township, village or city within which such sparrow shall have been killed, who shall there- upon decide upon such application, and if satisfied of the correctness of such claim, shall issue a certificate, stating the amount of bounty to which such applicant is entitled, and deliver the same to said applicant, and shall destroy the heads of such sparrows. Streets. 377 870c. Payment, how made.] § 3. Such certificate may be pre- sented by tlie claimant or his agent to the county clerk of the county in which such sparrow or sparrows have been killed, who shall there- upon draw a warrant for the amount on the treasurer of said county, and said treasui-er shall, upon presentation of said warrant, pay the same from the general or contingent fund of said county. Syod. Killing of other birds — penalty.] § 4. If any person, in applying to the clerk of counties not under township organization or to the clerk of any township, village or city for the certificate, stating the amount of bounty to which he may be entitled under this act, shall have in his possession or present to such clerk the head or heads of any bird or birds other than the English sparrow, such person shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined five dollars for each head of such bird other than the English sparrow so being in his possession or presented to the clerk. And it shall be the duty of the clerk to whom such application is made, upon finding the head of any bird other than the English sparrow, among the heads presented to him, to confiscate the heads so presented and preserve them to be used as evidence against the person applying for the bountv, and refuse to issue the certificate. Syoe. Entomological bulletins, for clerks.] § 5. It is hereby made the duty of the director of the state laboratory of natural history,^ to prepare, as soon after this act shall take effect as practicable, a bulle- tin of information for the use of the clerks of county, townships, vil- lages and cities in this state, to enable them to distinguish the heads of the English sparrow from tliose of other birds, and which said bulletins shall be delivered to said clerks free of charge. Sypf. Certificates for bounty wrongfully issued— penalty.] §6. If any clerk of any county not under township organization, clerk of any township, village or city shall knowingly issue any certificate for the payment of the bounty provided for in this act, for the killing of any bird other than the English sparrow, such clerk shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than ten dollars. 83. STREETS. Section. 871. Sidewalks by taxation. 872. What ordinance may provide. 873. In case owner neglects to construct. 874. Special tax — duty of clerk — report. 875. General officer to obtain judgment — by what law governed. 876. When constructed by owner. 877. Vacation of streets, etc. — vote re- quired. 878. Rights of adjoining owners. 879. Right of U. S. to purchase or con- demn. Section. 880. Jurisdiction — exemption from taxa- tion. 881. Street or alley closed. 882. Drives to public parks. 883. Taxes — special assessments etc. 88 <. Control by park commissioners. 885. Reversion, when. 886. City etc may grant control to park commissioners, 887. Pleasure driveways, when estab- lished. 888. How laid out etc. 378 Stukets. Skction. byy. Control thereof. 8b9u. Driveways, improvement etc. — assessments — instalments. 880b. Driveway extension on bed of Lake Michigan. 889c. Plans and estimates — consent of property owners. 889d. Construction — submerged lauds — title to and conveyance of. Section. 889e. Constructed — inuring of title. 889f. Street extensions stop at way. 890. Use by elevated railroad. 891. When street more than one mile. 892. Repeal. 893. Prohibited publications. 894. Exhibition thereof on street. 895. Sale thereof by minors. Sidewalks. An act to provide additional means for the construction of sidewalks in cities, towns and villages. [Approved April 15, 1875. In force July 1, 1875. L. 1875, ^p. 63. 871. Sidewalks by taxation.] § 1. Be it enacted hy the 'people of the state of Illinois^ represented in the general assembly, That, in ad- dition to the mode now authorized by law, any city or incorporated town or village may, by ordinance, provide for the construction of sidewalks therein, or along or upon any street or part of street therein, and may, by such ordinance, provide for the payment of the whole or any part of the cost thereof by special taxation of the lot, lots or par- cels of land touching upon the line where any such sidewalk shall be ordered, and such special taxation ma}’ be either by a lev}^ 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 determined by the last preceding assessment thereof for the purpose 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 or dinani'e shall only require the payment of a part of the cost of such sidewalk to be paid by a special tax as aforesaid, then the residue of such cost shall be paid out of any fund of such city, town or village raised by general taxation upon the property thereof and not otherwise appropriated. 872. What ordinance may provide.] § 2 . Said ordinance shall define the location of such proposed sidewalk with reasonable 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 othcer or board of officers of such city, town or vil- lage, to be designated in said ordinance. Said ordinance shall be pub- lished as required by law for other ordinances of said city, town or vil- lage, 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 Streets. 379 respective lots or parcels, in accordance with the specifications of snid 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 tlie respective owners of said lots or parcels of land as hereinafter provided. 873. In case owner neglects to construct.] § 3 . In case of the default of any lot owner or owners to construct the sidewalk, as required by ordinance, and the same shall be constructed 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 vil- lage, against such owners respectively, in any court of competent juris- diction, or upon the completion of the work by such city, town or vil- lage. Such ordinance may provide that a bill of the cost of such side- walk, showing in separate items the cost of grading, materials, laying down and supervision, shall be tiled 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, to- gether 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 ordi- nance may provide for the levy of said costs by frontage, superficial area, or assessed value; whereupon said clerk shall proceed to prepare a spe- cial tax list against said lots or parcels and the owners thereof, ascer- taining, by computation, the amount of special tax to be charged against each of said lots or parcels and the owners thereof, on account of the construction of said sidewalk, according to the rule fixed for the levy of such special tax by said ordinance, which special tax list shall be filed in the office of said clerk; and, said clerk shall thereupon issue warrants directed to such 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, together with the moneys collected, to the clerk of such city, town or village within sixty days from the date of their issue; and, in case any such warrant shall be returned, as to the whole or any part thereof, “ no property found ”, other warrants may issue and proceed- ings by garnishment may be resorted to, as in cases of garnishment in aid of the collection of judgments at law, and all moneys so collected and paid over to said clerk shall be, by him, immediately paid over to the treasurer of said city, town or village. 874. 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 380 Streets. of tlie county as may be authorized by law to apply for judgment against and sell lands for taxes due county or statCj of all the lots or ])arcels of land upon which such special tax 'shall be so unpaid, with the names of the respective ownei’S tliereof, 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 side- w'alk, which report shall be accompanied by the oath of the clerk that the list is a correct return of the lots and parcels of land on which the special tax levied by authority of said city, town or village, for the cost or partial cost (as the case may be) of the sidewalk in said ordi- nance 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 com])lied with, and that the special tax, as mentioned in said report, is due and unpaid. 875. General officer to obtain judgment — by what law gov- erned.] § 5. When said general officer shall receive the aforesaid re- port, he shall, at once, proceed to obtain judgment against said lots or parcels of land for said special tax remaining due and unpaid, in the same manner as may be provided by law for obtaining judgment against lands for taxes due and unpaid to the county and state, and shall in the same manner proceed to sell the same for the said special tax due and unpaid. In obtaining said judgment and making said sale, the said officer shall be governed by the general revenue laws of the state, ex- cept when otherwise provided herein, and said general law^s shall, also, be applicable to the execution of certificates of sale and deeds 1 hereon, 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. 876. When constructed by owner may obtain order.] § 6. Whenever payment of the costs of any such sidewalk is required to be made in part by special tax and in part out of any general fund of such city, town or village, and the owner of any such lot or parcel of land shall construct such sidewalk in accordance with the ordinance, pro- viding for its construction, such owner shall file with the clerk of such city, town or village, an itemized statement of the cost of such side- walk, so constructed by him, verified by affidavit, together with a cer- tificate, of the officer or board directed by such ordinance to superintend the construction thereof, that such sidewalk has been constructed and fully completed by such owner in accordance with such ordinance, and the council of such city, town or village shall, thereupon, at its first meeting thereafter, allow and order to be issued, to sucli owner, an or- der 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. Streets. 381 Vacation of Streets and Alleys. An act to revise the law in relation to the vacation of streets and alleys. [Approved March 24, 1874. In force July 1, 1874. 877. Three-fourths vote required — damages.] § 1. Be it en- acted hy the people of the state T. Erection of poles. 900. Attachments to building. 898. I’oles in streets. An act to revise the law in relation to telegraph companies. [Approved March 24, 1874. In force July 1, 1874. R. S., 1874, ch. 134. 896 . Eminent domain.] § 2 . Every such company may enter upon any lands for the purpose of making surveys and examinations with a view to the erection of any telegraph line, and take and damage pri- vate property fol the erection and maintenance of such lines, and may, subject to the provisions contained in this act, construct lines of tele- graph along and upon any railroad, road, highway, street or alley, along or across any of the waters or lands within this state, and may erect poles, posts, piers or abutments for su])porting the insulators, wires and other necessary fixtures of their lines, in such manner and at such points as not to incommode the public use of the railroad, highway, street or alley, or interrupt the navigation of such waters. S97. 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, out- side of the corporate limits of a city, town or village, without the con- sent of the county board of the county in which such road, highway or public ground is situated, nor upon any street, alley or other high- way or public ground, within any incorporated city, town or village, without the consent of the corporate authorities of such city, town or village. The consent herein required must be in writing, and shall be recorded in the recorder’s office of the county. And, such county board, or the citj" 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 loca- tion or erection of any such poles, posts, piers or abutments and, also, in the height of the wires, having first given the corapan}^ or its agent opportunity to be heard in regard to such alteration. 898 . Poles in streets.] § 2 . For the purpose of constructing and maintaining such lines of telegraph or telephone, the parties in interest may set the necessary poles or posts, on which to place the wires and insulators of such lines, in any of the public streets, highways or alleys, or in any private road leading to such highways, streets or alleys, out- side of the incorporated cities, villages or towns in this state along which such lines may pass : Provided, such poles or posts shall be ]'>laced along the boundaries of such highways, streets or alleys, at such distances therefrom as the authorities, having control thereof, may di- rect: And, provided, further, that the wires necessary for such lines shall not be less than fifteen feet above the ground along such bounda- ries, and not less than twenty feet at any public or private crossing, and shall be so placed as not, in any manner, to interfere with such crossing. Township Organization. 389 899 . Penalty for injuring.] § 3. Any person who shall unlawfully and intentionally injure, molest or destroy any of said lines or the ma- terial or property belonging thereto, or shall in any manner interfere with the proper working of such lines, shall, on conviction thereof, be deemed guilty of a misdemeanor and punished by a fine not exceeding one hundred dollars : said fine to be recoverable in any court having jurisdiction of the same : Provided, that prosecution under the forego- ing provision of this section shall not, in any manner, prevent a recov- ery, by the person or persons entitled thereto, of the amount of dam- ages done to such lines. An act relating to telegraph, telephone, electric light and other wires, poles and cables. [Approved June 16, 1887. In force July 1 , 1887. L. 1887, p. 298. 900 . Attachments to building — no prescriptive right.] § 1 . Be it enacted hy the jpeojyle of the state of Illinois^ represented in the general assembly^ Whenever any wire, pole or cable used for any tele- graph, telephone, electric light or other electric purpose, or for the pur- pose of communication, is or shall be attached to, or does or shall ex- tend upon or over any building or land, no lapse of time whatever shall raise a presumption of any grant of, or justify a prescriptive right to, such attachment or extension. 35. TOWNSHIP OKGANIZATION. Section. , Section. 901. Territory of city organized as town. 905. What city council may provide. 902. Town in city. ' 906. Regulation of number of justices. 903. Election of officers. 907. Vacancies in office. 904. Powers of council. An act to authorize county boards in counties under township organi- zation to organize certain territory situated therein as a town. [Ap- proved May 23, 1877. In force July 1 , 1877. L., 1877, p. 212 . 901. Territory of city organized as town.] § 1. Be it enacted by the people of the state of Illinois^ represented in the general assembly^ That, the county board, in any county under township organization, may provide that the territory embraced within any city in such county shall be organized as a town : Provided, such territory shall have a population of not less than three thousand. And, provided, the city council in such city shall, by resolution, request such action by the county board. 902 . Town in city.] § 2 . The territory of any city now organized, wdthin the limits of any county under township organization, and not situated wdthin any town, shall be deemed to be a town. 903 . Election of officers.] § 3. All town officers within any town, organized as aforesaid, shall be elected at the annual charter election of such city. All general elections held in such city and town shall be held at the same voting places as the city elections, with judges and clerks appointed in like manner as for the city elections. m Water Works. 904 . Powers exercised by council.] § 4. The powers vested in such town shall be exercised by the city council. 905 . What city council may provide. ] . 5 . The city council in such city and town may, by ordinance, pro,vide that the offices of city and town clerk shall be united in the same person ; that the election of highway commissioners shall be discontinued ; that the offices of super- visor and poormaster shall be separated, and the poormaster appointed by the city council. 906 . May regulate the number of justices.] § 6 . The city council in such city and town may, from time to time, regulate the number of justices of the peace, police magistrates and constables to be elected within such city and town ; but, the number elected to either of such offices shall not exceed the number allowed by law to other towns of like population. 907 . Vacancies in office.] § 7. Vacancies in any of the town offices within such city and town may be filled by the city council. 36. WATEE WORKS. Section. 908. Power to supply water — letting con- tract. 909. Borrowed money — tax. 910. Acquisition of property for works etc. 911. Rules — tax — assessment — lien. 912. Special assessment. 918. Separate fund. 914. When act not to apply. 914a. Purchase or leasing of water works — election. 914b. Borrow money — tax, levy and col- lect. Section. 915. Bonds — assessments payable in in- stalments. 916. When instalments payable — interest. 917. Statute applies to assessments al- ready ordt red. 918. Power to contract for water. 919. Tax therefor. 920. Grant of power to secure supply. 921. Powers of board — power to raise money. 921a. Rates and charges for supply — fix- ing of. 922. Water fund and light tax. An act authorizing cities, incorporated towns and villages to construct and maintain water works. [Approved and in force April 15, 1873. E. S., 1874, ch. 24. 1. The statute, of 1873, authorizing cities, incorporated towns and villages to main- tain water works, applies to all cities etc. in which, at the passage of the act, there were not water works managed and controlled by the city etc.; Dutton ®. Aurora, 114 111., 142. 908. Power to supply water — letting contract.] § 1 . Be it enacted hy the people of the state of Illinois^ represented in the general assembly, That, all cities, incorporated towns and villages, in this state, be and are hereby authorized and shall have power to provide for a supply of water for the purposes of fire protection and for the use of the inhabitants of such cities, incorporated towns or villages by tlie erection, construction and maintaining 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 pro- Water Works. 391 curing such supply of water from any adjacent city, incorporated town or village already having water wmrks : Provided, 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 the contract is to be let having been given by publication in a news- paper 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. [As amended by act approved and in force May 14, 1879. L. 1879, p. 64. 1. This section leaves the municipal authorities unrestricted as to the cost or means whereby a supply of water shall be provided and authorizes the borrowing of money needed therefor; to that extent repealing charter limitations in respect of loans; Dutton v. Aurora, 114 111., 142. 909. Borrowed money — tax.] § 2. Such cities, incorporated towns and villages may borrow money and levy and collect a general tax, in the same manner as other municipal taxes may be levied and collected for the erection, construction and maintaining of such w’ater tvorks, and appropriate money for the same. 910. May acquire property for works etc.] § 3. For the pur- pose 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 otherwise ; and shall, also, have the power to take, hold and acquire and condemn any and all necessary property and real estate for the location, erection, construction and maintaining of such w^ater 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 loca- tion, erection, construction and maintenance 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. 91 1 . Rules — tax — assessment — lien.] §4. The common coun- cil of such cities, or trustees of such towns or villages, shall have power to make and enforce all needful rules and regulations in the erection, construction and management of such water works, and for the use of water supplied by the same. And, such cities, towns and villages shall have the right and power to tax, assess and collect, from the inhabitants thereof, such tax, rent or rates for the use and benefit of water used or supplied to them by such water works, as the common council or board of trustees, as the case may be, shall deem just and expedient. And, all 392 Water Works. such water taxes, rates or rents shall be a lien upon the premises and real estate upon or i'or which the same is used or supplied. And, such taxes, rents or rates shall be ]>aid and collected, and 'such lien enforced, in such manner as the common council shall, by ordinance, direct and provide. 912. Special assessment.] § 5. The expense of locating, erecting and constructing reservoirs and hydrants for the purpose of fire pro- tection, 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 property and real estate specially benefited thereby, if any, in such manner as may be provided for the making of special assessments for other public improvements in such cities, towns or villages. 913. Separate fund.] § 6. All the income received, by such cities, towns or villages, from such water works, from the payment and col- lection of water taxes, rents or rates, shall be kept in a separate fund and shall, first, be applied in the payment and discharge of the costs, interest on bonds or money borrowed and used in the erection and con- struction of such water w^orks and running expenses thereof. And, any surplus may be applied in such manner as the common council or board of trustees may direct. 914. When act not to apply.] § 7 . The provisions of this act shall not apply to cities, towns or villages in which water works are now managed or controlled by a board of public works. An act to enable cities, incorporated towns and villages to purchase or lease water works. 914a. Purchase or leasing of water works authorized by popu- lar vote.] § 1 . Be it enacted hy the people of the state of Illinois, repre- sented in the general assembly ; d^hat, in all cities, incorporated towns and villages where water works are now constructed or may hereafter be constructed by any person or incorporated company, the city, town or village authorities in such cities, towns and villages, may purchase or lease such water works from the owner or owners of the same : Provided, however, that before said leasing or purchase shall be binding upon said city, incorporated town or village, the question of leasing or purchasing such water works (with the yearly rental, if a leasing, and with the consideration price, if a purchase) shall be submitted to the voters of such city, incorporated town or village at a general election and if it appear that a majority of such voters, voting upon such question at such election, vote for such leasing or purchase, then, the said city, incorporated town or village may conclude such leasing or purchase ; but, if it appear that a majority of such voters, voting upon such question at such election, vote against such leasing or purchase, then, said city, incorporated town or village shall proceed no further with such leasing or purchase for the term of ten months next ensuing. Water Works. 914b. Borrow money— levy and collect tax.] § 2. Such cities, incorporated towns and villages may borrow money and levy and collect a general tax, in the same iiianiier as other municipal taxes may be levied and colleted, for the purchase and maintaining or the leasing and maintaining of such water works and appropriate money for the same. An act to provide for the laying of water supply pipe by bonds and special assessment, payable in instalments. [Approved and in force March 17, 1874. K. S., 1874, cli. 24. 915. Bonds — assessments payable in instalments.] § 1. Be it enacted hy the people of the state of Illinois^ represented in the general assembly^ That, whenever the corporate authorities of any city, town or village shall provide, by ordinance, for the laying of water supply pipes, to be paid for by a special assessment to be made under the provisions of article nine of the act of the general assembly, entitled “ An act to provide for the incorporation of cities and villages’’, approved April 10, A. D. 1872, such corporate authorities may, in their discretion, provide in such ordinance, or by an ordinance to be adopted at any time prior to the issuance of the warrant to the collector for the collection of such assessment, that the amount of the estimated cost of such improvement shall be provided for in the following manner, to wit : That, bonds of the city, town or village, as the case may be, shall be issued for such portion of the estimated cost of such improvement as shall be apportioned to the city, town or village as public benefit, pay- able at such time or times, within twenty years, as may be provided by said ordinance, or it may, in such ordinance, be provided that all or any portion of the amount, so apportioned as public benefits, may be made by general taxation in accordance with the provisions contained in said article nine, and that the portion of said estimated cost which shall be assessed upon property specially benefited shall be payable in such annual instalments, not exceeding ten in number, as may in such ordinance be prescribed : Provided, that no thing in this section shall authorize any city, town or village to issue such bonds to an amount, including all existing indebtedness, in excess of the charter, statutory or constitutional limitation of the indebtedness of such city, town or village. 916. When instalments payable — interest.] § 2. Whenever such corporate authorities shall have provided, by ordinance, for the making of such improvement in the manner prescribed in section 1 of this act, the first instalment of the amount assessed upon property spe- cially benefited shall be payable immediately upon the issuance, by the clerk of such city, town or village, of his warrant to the collector, and the subsequent instalments shall be payable annually thereafter, with interest until paid, at such rate as shall be prescribed in such ordinance, not exceeding ten per cent, per annum. Water Works. ;i!»l 917 . Applies to assessments already ordered.] § 3. This act shall apply to assessments already ordered, for the purpose set forth in section 1 of this act and to the ordinances in relation thereto, as well as to ordinances hereafter to he adopted. An act to enable cities, incorporated towns and villages to contract for a 8 U})])ly of water for public use, and to levy and collect a tax to pay for water so su])plied. [Approved April 9, 1872. In force July 1 , 1872. L. 1871-2, p. 271 ; as amended by act approved June 30, 1885. In toi'ce July 1 , 1885. L. 1885, p. 64. 918. Power to contract for water.] § 1. Be it enacted hy the peojyle of the state of Illinois^ represented in the general assembly^ That in all cities, incorporated towns and villages where water works may hereafter be constructed by any person or incorporated company, the city, town or village authorities in such cities, incorporated towns and villages may contract with such person or incorporated companv for a supply of water for public use for a period not exceeding thirty years. 919 . Tax.] § 2. x\ny such city or village so contracting may levy and collect a tax on all taxable property within such city or village to pay for the water so supplied. An act to aid cities owning or operating water works to secure an ad- ditional or better supply of pure water. [Approved and in force May 27, 1881. L. 1881, p. 157. 920. Grant of power to secure supply.] § 1. Be it enacted hy the peojyle of the state of Illinois^ represented in the general assembly^ That, all cities owning or operating water works under any charter granted by act of any general assembly of this state, or under the gene- ral incorporation laws of this state, whether by boards of water com- missioners or by officers ajjpointed for that purpose, are hereby granted the following powers and privileges, for the purpose of increasing or bettering the source of supply from which sucli water is obtained. 921. Powers of board — may raise money — vote.] § 2 . When- ever, in the judgment of a majority of any board of water commissioners or, if there be no such board then, in the judgment of a majority of the city council of any city owning or operating such water works, it shall be necessary for the public health, or for any other cause, to increase the source of water supply, or to substitute for it such better source as in their judgment the interests of such city may demand, such board of water commissioners or city council may, in addition to the powers already conferred upon them by act of any general assembly of this state, construct wells either by boring or excavation and protect and equip the same after construction, or may lease water privileges from private parties or corporations owning wells already or hereafter to be constructed, and may pay for such construction or lease and for the ex- penses maintained in operating the same out of any earnings of such water works, under their control which may be in their hands at the time of the taking effect of this act, or whicli may accrue to them here- Water Works. after: Provided, that no money sliall be expended under tlie provisions of this act for the purposes herein specified until the question of the expenditure of such money for the purposes aforesaid shall liave been submitted to a vote of the people of the city in which such water works may be situated, at any election for city officers or special election called for that purpose by the city council of said city, and shall have received a majority of the votes cast at such election ; Provided, further, that no money shall be expended under the provisions of this act for the purpose aforesaid other than the surplus carninirs of such waterworks. An act to enable cities, towns and villages incorporated under any gen- eral or special law of this state, to fix the rates and charges for the supply of water furnished by any individual, company or corpora- tion to any such city, town or village, and the inhabitants thereof. [Approved June 6, 1891. L., 1891, p. 85. 921a. Rates and charges for supply — establishing of — ap- peal.] § 1. Be it enacted hij the ]^eople of the state of Illinois^ represented in the general assembly: That the corporate authorities of any city, town or village, now or hereafter incorporated under any general or special law of this state, in which ariy individual, company or corpora- tion has been or hereafter may be authorized by such city, town or vil- lage, to supply water to such city, town or village, and the inhabitants thereof be and are hereby empowered to prescribe, by ordinance, maxi- mum rates and charges for the supply of water furnished by such indi- vidual, company or corporation to such city, town or village, and the inhabitants thereof, such rates and charges to be just and reasonable; and, in case the corporate authorities of any such city, town or village, shall fix unjust and unreasonable rates and charges, the same may be reviewed and determined by the circuit court of the county in which such ci:y town or village may be. An act in relation to the levy and collection of taxes for sewerage and water works in cities of this state that may have established a system of sewerage and water works for such city, and to repeal an act therein named, and to authorize the cities, villages and incorporated towns of this state to levy and collect taxes to pay for water and light. [Approved June 21, 1883. In force July 1, 1888. L. 1883, p. 68. 922. Water fund and light tax.] § 2. The legislative authority of any city which now has, or which may hereafter have established or hired water works, for the supply of water to the inhabitants thereof, shall have power to annually levy and collect a tax upon the taxable real and personal estate of any such city, wliether organized under a special charter or the general law, not to exceed one mill on the dollar, for the extension of water mains or pipes therein and the maintenance of such water works, or to the creation of a sinking fund to be applied to the establishment of waterworks, which tax shall be known as the ‘‘Water Fund Tax”, and shall be levied and collected in the same manner that other general taxes of any such city are levied and collected : 390 Water Works. Pi’ovided, tliat the board of public works of sucli citv, if any, or the liead of the Avater dc])artment of such city, shab first certify to such legislative authority, the amount that will be necessary for such juir- poses and shall, further, certify that the revenue or income from such Avater Avorks will be insufficient therefor ; Provided, further, that two- thirds majority of all the members elect of the legislative authority of such city may le\^y 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, widi the concurrence of tAvo-thirds of the members thereof, shall be authorized to leA^y 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 dollar of such taxable property, to be used exclusively for the purpose of lighting streets, and a further tax not exceeding tA\m mills on the dollar of such taxable property, to be used exclusively for the purpose of sup- plying water to such city, village or incorporated town. Provided, also, that no thing in this act shall be so construed as to increase the amount of aggregate taxes that may be levied in any one year by any city or village as provided in section one (1) of article V III of an act entitled “An act to provide for the incorporation of cities and villages”, approved April 10, 1872. 1. Cities acting under special charters may levy a tax for a water fund (stat. 1883) in addition to all other authorized taxes; Thatcher v. C. & N. W. Ey. Co., 120 111., 561. FORMS AND PRECEDENTS, 1 . Organization of cities. 2. Legislative department. 3. Elections. 4. Enforcement of penalties — licenses. 5. Officers. 6. Finance. 7. Special assessments and taxation. 8. Organization of villages. 1. ORGANIZATION OF CITIES. 923. Petition to submit the question of incorporation. 924. Ordinance submitting that question. 925. Notice of election. 926. Election judges’ return of votes. 927. Record entry of result of canvass. 928. Petition to organize contiguous terri- tory. 929. Notice of election, as to incorporation of contiguous territory. 930. Record entry, of county court, as to result of election to organize con- tiguous territory. 931. Record entry of call for and notice of election of officers. 932. Notice of election of officers in town, or village, organized as a city. 933. Record of proceedings, of city or village, on incorporation; to be re- corded and filed with secretary of state. 923. Petition to submit the question as to incorporation under the act of 1872.] To the honorable the mayor and city council of the city of , in the county of and state of Illinois : The undersigned, comprising one-eighth of the legal voters of the city of aforesaid, in the county of and state of Illinois, vot- ing at the last preceding municipal election, do respectfully petition that your honorable body submit the question, as to whether such city shall become incorporated under the act of the general assembly of the state of Illinois, approved April 10, 1872, entitled “ An act to provide for the incorporation of cities and villages”, and the amendments thereto, to a vote of the electors in such city, in accordance with the provisions of said act. 1. See § 1 . 2. Reorganization of a city under the general incorporation law abrogates its former charter, and ends the tenure of all officers who are not within the saving clause of the general law; Crook Jayne, 106 111., 242; People t). Brown, 83 111. 95; M’Crath V. Chicago, 24 App., 19. 3. A city adopting the provisions of this statute is governed by any amendment thereof; Guild -w. Chicago, 82 111., 472. 4. When a proper petition is presented to the council of a village, incorporated under a special charter, praying for an election, the council has no discretion to re- fuse to call an election; but should act thereon at the earliest possible moment; Glencoe v. People, 78 111., 382. Foinis AND I'lUX'EDENTS. .S'JS 5. Tlio ronditions of a call for an election nmst be shown to have been complied with; Peoj)le 1 ). ('haprnan, (iO 111., Ki7. (). Tin; mayor and council, only, can fix the time and ])lace for such election, and it is essential to tin; validity of an election that it be held at the time and place pro- vided by law; Ste])hens -y. People, 89 111., 888. 7. An election to determine the question of incorporation is not invalid because of the failure to submit, at the same time, the (juestionof minority representation. The statute itself j)rovides for that [see ^ 50 ]; Chicago v. People, 80 111., 500. 924. An ordinance submitting the question of incorporation under the general law, to the vote of the electors.] AVhereas, tlie petition of A. B., C. D., E. F. and [here state the nnmhej'^ otliers, to the mayor and city council is tliis day [or was. on a day stated., hy date thereof \ presented, praying that the question, as to wliether the city of shall become incorporated under the act of the general assenddy of tlie state of Illinois, approved April 10, 1872, en- titled “ An act to provide for the incorporation of cities and villages”, and the amendments thereto, to a vote of the electors in such city, in accordance with the provisions of said act ; and Whereas, it appears that the said petitioners are legal voters of the city of , and that they comprise one-eighth of the legal voters of such city, voting at tlie last preceding municipal election. Therefore: Be it ordained by the city council of the city of : Section 1. That the prayer of the petition, aforesaid, is granted. It is, hereby, ordered that such question be submitted accordingly, and that for that purpose, an election be held in the several wards and precincts, in said city on day, the — day of , 18 — , at the several places of holding the last preceding mnnici]ial election therein [or at ^places to he designated] ; and that the following persons are designated to act as judges at such election [here name such persons]. 925. Notice of election.] Election Notice, for Incorporation Under General Law. Public notice is, hereby, given that, in accordance with a petition, for that purpose, presented by the requisite number of legal voters, an elec- tion will be held in the several wards and precincts of the city of , in the state of Illinois, on — day, the — day of , 18 — , at which a vote of the electors will be taken on the question, as to whether such city shall become incorporated under the act of the general assembly of the state of Illinois, approved April 10, 1872, entitled “ An act to provide for the incorporation of cities and villages ”, and the amendments thereto. The several places of holding said election have been appointed at and will be held at the following places, to-wit : In the first ward at [state the place or places where]. In the second ward at [stating the place or places lohere]. [Set forth the place or places designated hy the city council as to each ^^Attest; C. D„ City Clerk. Organization^ op Cities. :m 1 . Sec § 2 . 2. A failure to state in the notice where the election will be held, the places for holding the election being, in fact, appointed will not invalidate the election; Chicago V. People, 80 111., oOO. 3. A petition, in due form, having been presented to the mayor and city council, was refused. Thereupon the mayor gave notice of an election, to vote on the question of incorporation under the general law, fixing the time therefor. An election was held, resulting in favor of organization under the law. The returns were duly canvassed and the result duly recorded. City officers were elected on contest of their election — by quo warranto — it was held that such election was void, it not being called by “ the mayor and council”; that the mayor was without power to appoint it, in the absence of affirmative action by the council. The mayor and council, only, can fix the time and place for such an election. Nor was the error cured by subsequent acquiescence of the council; Stephens v. People, 89 111., 338. 926. Election judges’ return of votes.] At an election held at [state the place ^ ward and precinct\ in the county of and state of Illinois, on the — day of , 18 — , to decide whether the city of shall become incorporated under an act entitled An act to provide for the incorporation of cities and villages”, approved April 10, 1872, and the amendments thereto, the following number of votes were cast, for and against said proposition, to- wit : There were cast ^‘for city organization under general law”, votes. There were cast “ against city organization under general law ”, votes. Certified by ns, G. H. ) I. J. V Judges of Election. Attest : K. L. ) Q* p' I Clerks of Election. 1 . See § 3 . 2. A certificate of judges of election, with the list of votes and tally sheet, is the sole evidence on which the canvassing board can act; Lawrence Co. v. Schmaulhausen 123 111., 328. 3. Gross irregularities of election judges, in conducting the election, may be cause for the rejection of the return from the ward in which they were committed; they can not render an election, in a whole city, void; Chicago v. People, 80 111., 500. 927. Entry, on city record, of result of canvass of votes.] State of Illinois, | City of , ) Be it known that one-eighth of the legal voters of the city of , vot- ing at the last preceding municipal election, having on the — day of , 18 — , petitioned the mayor and council thereof to submit the question as to whether such city should become incorporated under the act of the general assembly, aj)proved Apiil 10, 1872, entitled An act to provide for the incorporation of cities and villages ” and the amend- ments thereto, to a vote of the electors of said city ; and said question 48 400 Kojims and Precedents. liaving been duly submitted to a vote tliereof, on tlie — day of , IS — , and said vote being taken at the election, for that purpose, duly lield in said city, last aforesaid, and the returns l)eing duly made and canvassed, the following is the result thereof ; for city organization under general law, votes were cast; against city organization under gen- ei-al law, votes were cast, 'f’here being a majority of votes cast, at such election, in favor of [or against\ city organization under general law. 1. See 928. Petition to organi2e contiguous territory, as a city.] To the County Judge of county. State of Illinois : The undersigned petitioners, constituting fifty legal voters residing within the following described contiguous territory, situated in said county [or situated as to the greater part of such territory in said county]^ in area not exceeding four square miles, and which has resi- dent thereon, a population of not less than one thousand inhabitants and which is not already included within any incorporated town or city, to -wit: [Here describe the territory with accuracy^ hy government subdivisions] represent and make it known unto your honor, that it is desired that said territory may become incorporated as a city, and that the following are defined as the boundaries of such proposed city [state the boundaries by accurate description]; that the number of inhabitants residing within such limits is [here state the number^ not less than one thousand'], and that the name of such proposed city is Your petitioners, therefore, pray that the question be submitted to the legal voters, residing within such limits, herein before described, whether they will organize as a city, under an act of the general as- sembly, approved April 10, 1872, entitled “An act to provide for the incorporation of cities and villages ” and the several amendments thereto. And your petitioners will ever pray etc. [Signatures of fifty legal votersd[ 1. See § 5. 2. See § 204 , as to enumeration of population. 929. Notice of election, as to incorporation of contiguous territory.] Public notice is hereby given that a petition having been filed in the office of the clerk of the county court of county, in the state of Illinois, addressed to the judge of such court, on the day of , 18 — , signed by fifty legal voters of contigu- ous territory lying in said county, [or, the greater g>ctrt of which tei'- ritory is situated ivithin said county^ described as follows, to- wit: [Set forth the description as contained in the petitiori\, setting forth in said petition, that said territory is not already included within any incorporated town or city, and that it is desired that the same may be- come incorporated as a city, with the following boundaries, to-wit: [Describe the boundaries, as in the petition], that the number of in- Organization of Cities. 401 liabitants residing within sucli limits is [as in the petition^ and that the name of such proposed city is ; and, praying that the ques- tion be submitted to the legal voters, residing within such limits whether they will organize as a city, under an act of the general as- sembly, approved April 10, 1872, entitled ‘‘An act to provide for the incorporation of cities and villages”, and the several amendments thereto; now, therefore, the county judge has and, hereby, does fix a time and place, within the boundaries of such proposed city, at which an election may be held to determine such question, and has named, and hereby does name, the persons to act as judges in holding such election, to-wit : Q. R., S. T., and U. Y., and that, in accordance therewith, an election will be held on day, the day of , 18 — , at , within the territory above described, to determine the question aforesaid. Given under my hand this day of 18 — . W. X., County Judge. 1. See § 5. 930. Record entry of county court, as to result of election to organize contiguous territory.] State of Illinois, ] County of , f Be it known that a petition having been filed in the office of the clerk of the county court of count}q in the state of Illinois, ad- dressed to the judge of such court on the — day of 18 — , signed by fifty legal voters of contiguous territory lying in said county [or the greater part of which territory is situated tvithin said county\ described as follows, to-wit : [set forth the description as in the notice of election\ setting forth, in said petition, that said territory is not al- ready included within any incorporated town or city and that it is de- sired that the same may become incorporated as a city, with the follow- ing boundaries [describe as in the notice of election]^ that the number of inhabitants residing within such limits is [state the number as is the fact ascertained^ ; that the area of such contiguous territory does not exceed four square miles, and that the name of such proposed city be ; and, praying that the question be submitted to the legal voters residing within such limits, whether thej^ will organize, as a city, under an act of the general assembly, approved April 10, 1872, entitled “An act to provide for the incorporation of cities and villages”, and the several amendments thereto; that the county judge fixed on the — day of , 18 — , as the time and [state the place ^ as in the notice of election] as the place, the same being within the boundaries herein before de- scribed, at which an election might be held to determine the question aforesaid, and named the persons to act as judges in holding such elec- tion, to-wit Q. R., S. T. and U. Y. That, in accordance therewith, the county judge on the — day of , 18 — , gave notice of such election, by causing ten notices to be posted in public places within Forms and Precedents. 402 siicli proposed city; and, that on a canvass of the returns of such elec- tion, made, hy the county judge and two justices of the peace called, hy Inm, to his assistance, to-wit : Y. Z. and A. A., the following is the result thereof ; there were cast, at such election, “For city organiza- tion under general law”, votes. “Against organization under gen- eral law”, votes. 1. See § 5. 931. Record entry of call for and notice of election of officers by town or village organized as a city.] Whereas, at an election held in the incorporated town [o?'" village] of — — , on the — day of , 18—, to determine whether said town [or village] would become incorporated as a city under the general law for the incorporation of cities and villages ; and Whereas it appears, by the returns of said election, duly canvassed, that the result thereof was in favor of becoming incorporated as a city. Therefore An election is, hereby, called for city officers, to beheld on day, the — day of , 18 — , and the following place is [or places are] desig- nated as the place [or places] of holding such election, to-wit [state the place or places designated] : and, it is, hereby, ordered that notice of such election be given by publishing the same in the newspaper known as [(9r, if there he none in the town, hy posting the same in ten puh~ lie places for at least tweyity days before such election] 'j that the fol- lowing persons are appointed judges to hold such election, to-wit : [name them], and the following persons are appointed clerks [iiame them]. 1. See §7. 932. Notice of election of officers, in town or village, organized as a city.] Whereas, the legal voters of the incorporated town [or village] of did, at an election held therein on the — day of , 18 — , vote to become incorporated, as a city, under the general laws of this state, providing for the incorporation of cities and villages. Now, therefore, notice is, hereby, given, by the president and board of trustees of said town [or village], that an election has been called and will be held in said town [or village] on day, the — day of , 18 — , at the following place [or places\ to-wit : [State the place or places designated], for the election of the following city officers, to-wit : A mayor, — aldermen, a city clerk and a city treasurer. Dated this — day of , 18 — . [Signatures, hy the president and trustees.] 1. See ^ r. 2. See§' 31 , 52, as to the elective officers. 3. After the adoption of the general law, by vote, it becomes the duty of the offi- cers designated “ then in office ” to take steps to put a city government in operation under irs provisions, by dividing the city into the proper number of wards [see ^ 31 j, and calling a special election; Crook v. People, 100 111., 242. Legislative Department. 4. This form, by a few verbal changes, is applicable to the case of the organiza- tion of contiguous territory, to be called by the county judge, under § 8 . 933. Record of proceedings, of city or village, on incorpora- tion ; to be recorded and filed with secretary of state. State of Illinois, ) . City of - — , ( • Tlie city council of the city of convened in regular [or special] meeting, at , at the hour of o’clock, — m. , 18 — . Present — Ilis honor, the mayor, and aldermen [naming them]. Absent — Aldermen [naming them]. The following, among other proceedings, were had : Aid. M. moved that the council do now proceed to canvass the re- turns of the election held, in said city, on the — day of , 18 — , on the question as to whether said city should become incorporate.under the general laws for the incorporation of cities and villages. The motion prevailed. Whereupon, the council proceeded accordinglydo canvass the returns of such election, and, having duly canvassed the same, declared the following as the result thereof : [Insert as in § 927, or as the entry ^ in fact, has been made.] Alderman B. moved the adoption of the following order : The motion prevailed. The following is the order as passed. Ordered, that the city clerk file in the office of the recorder of deeds of county, a certified copy of the entry made, as aforesaid, of the canvass of the votes, showing the result of the election aforesaid, and a like copy in the office of the secretary of state, within the time pre- scribed by law. State of Illinois, City of , ss.: I, C. D., city clerk of said city of , do hereby certify that the foregoing [or annexed] transcript is a true copy of the original entry thereof, as the same appears entered upon the records of said- city, now being in my custody, and remaining in my said office as city clerk. In witness whereof I have hereunto set my hand and affixed the seal [l. s.] of said city, this — day of , 18 — . C. D., City Clerk. 2. LEGISLATIVE DEPARTMENT. Section. 934. Rules and order of business. 935. Tbe same — a shorter form. 936. Notice of special meeting. 937. Ordinance, as to absentees. 938. Ordinance regulating time of meet- ing. Section. 939. Ordinance adjourning a regular meet- ing. 940. Ordinance substituting a day for regular meeting. 941. Journal of proceeding. 4U4 Forms and Precedents. 934. Rules and order of business.] Meetings of the City Councii.. T. Regular meetings of tlie city council shall be held every day at o’clock, — M., unless otherwise ordered at a regular meeting, Special meetings may he held, at any time, on call of the mayor or any three or more aldermen. Such call shall be in writing, duly signed, and shall be presented to the clerk, who shall, immediately, proceed to prepare notices of the same and shall cause them to be served, on the members of the council, in the usual manner. At every special meeting the call for the same shall be read and afterward filed by the clerk. Order of Business. II. At the hour appointed for the meeting, the clerk (or some one appointed to fill his place) shall proceed to call the roll of members, mark the absentees, and announce whether a quorum (i, e., a majority of all the members elected) be present. Upon the appearance of a quorum, the council shall be called to order, the presiding officer tak- ing the chair, if present, and the council appointing a temporary chair- man, if he should be absent. If a quorum do not appear, the council shall not thereby stand adjourned unless by a vote of the members present. When a quorum is present the council shall proceed to the l)usiness before it, which shall be conducted in the following order : 1. The reading of the minutes of the proceedings of the last meeting or meetings (if there has been a special meeting intervening), amend- ment and approval of the same, unless dispensed with by the council. 2. Reports of city officers. 3. Presentation of petitions, communications, resolutions and ordh nances. 4. Unfinished business of preceding meetings. 5. Reports of standing committees. 6. Reports of select committees. 7. Miscellaneous business. III. All questions relating to the priority of business shall be decided by the chair, without debate, subject to appeal. Duties and Privileges of the President. lY. The presiding officer shall preserve order and decorum, and may speak to points of order in preference to other members, rising from his seat for that purpose, and shall decide all questions of order, subject to an appeal to the city council, on which appeal no member shall speak more than once without the unanimous consent of the council. Y. While the presiding officer is putting the question, no member shall walk across or out of the council room. Leg islative 1) e pa rtm ent. 405 VI. Eveiy member, ])revious to his speakiiig, making a motion or seconding the same, sliall rise from his seat and address Tiimself to the presiding officer, and say, Mr. President”, but shall not proceed with Ids remarks until recognized and named by the chair. VII. When two or more members rise at once, the presiding officer shall name the member who is tirst to speak. VIII. During the session of the council, onl}^ city officers, ex-alder- meii and persons connected with the press shall be admitted within the bar of the city council chamber, unless upon invitation of the chair- man. Lobbying shall not be permitted. IX. In case of any disturbance or disorderly conduct, the presiding officer shall have the power to require the chamber to be cleared if necessary. X. Smoking shall be strictly prohibited in the council chamber dur- ing the session of the council. Duties and Privileges of Members. XL When a member wishes to present a communication, petition, order, resolution or other original matter, he shall rise in his place and briefly state its nature before presenting the same ; and the chairman shall call each ward for the third order of business, beginning one meeting at the first ward, and the next meeting at the \tlie highest 7mmbered] ward, and so on alternately during the term of the council. Xn. No member, without leave of the council, shall speak more than once upon the same subject, until every member desirous of speaking shall have spoken ; and, no member shall speak longer than five minutes at any one time except by consent of the council. XIII. A member called to order by the chair shall immediately sit down, unless permitted to explain. If there be no appeal, the decision of the chair shall be conclusive ; but, if the member appeal from the decision of the chair, the council shall decide on the case. XIV. While a member is speaking, no member shall hold any pri- vate discourse, nor pass between the speaker and the chair. XV. Every member who shall be present when a question is stated from the chair shall vote thereon, unless excused by the council, or un- less he is directly interested in the question, in which case he shall not vote. XVI. No member shall be allowed to leave the council while in session, unless excused by the presiding officer ; and, for attempting to do so, or for persistent violation of any other rule or order, may be restrained, or otherwise dealt with, as the president of the council may direct. Motions and Pesolutions. XVII. Any matter before the council may be set down as a special order of business at a time certain, if two-thirds of the aldermen present vote in tlie affirmative; but, not otherwise. 40G P'ORMS ANIJ J^KECEDENTS. XVIII. No motion sliiill be ])ut or debated unless it be seconded. When a motion is seconded it sliall be stated by the presiding officer before debate, and every such motion shall be reduced to writing, if recpiired by a member, and the proposer of the motion shall be entitled to the floor. XIX. After a motion or resolution is stated by tlie presiding officer, it shall be deemed to be in possession of the council, but may be with- drawn at any time before decision or amendment, by consent of the council. XX. If the question under consideration contains several distinct pro- positions, any member may have the same divided when the sense admits of it. XXL In all cases where a resolution or motion is entered on the minutes of the council the name of the member moving the same shall be entered also. Taking and Entering V^ote. XXII. If au}^ member require it, the yeas and nays upon any ques- tion shall be taken and entered on the minutes ; but, the yeas and nays shall not be taken unless called for previous to any vote on the question. XXIII. The result of all votes by yeas and nays shall not be announced by the clerk but shall be handed by him to the chairman for announcement, and no vote shall be changed after the tally list has passed from the hands of the clerk. Precedence of Question. XXIY. When a blank is to be tilled and different sums or times pro- posed, the question shall be taken first on the lesser sum or the longest time. XXY. When the question is under debate the only motion in order shall be: 1, to adjourn to a day certain ; 2, to adjourn ; 3, to lay on the table ; 4, the previous question ; 5, to refer ; 6, to amend ; 7, to sub- stitute ; 8, to postpone indefinitely or to a day certain. Nos. 2, 3 and 4 to be decided without debate. Adjournment. XXYI. A motion to adjourn the council shall always be in order, except : 1, when a member is in possession of the floor ; 2, while the yeas and nays are being called ; 3, when the members are voting ; 4, when adjournment was the last preceding motion ; and 5, when it has been decided that the previous question shall be taken. XXYII. A motion simply to adjourn can not be amended, but amo- tion to adjourn to a time named may be and is open to debate. XXYlll. The council between the second day in and the second day in , may adjourn over one or more regular meet- ings, on a vote of a majority of all the aldermen authorized by law ^ to be elected. Legislative Department. 407 Previous Question. XXIX. When tlie previous question is moved and seconded it shall be put in this form : Shall the main question now be put?” If this is carried, all further amendments and all further motions and debates shall be excluded, and the question put without delay, upon the pend- ing amendments in proper order, and then upon the main question. To Lay on the Table. XXX. A motion to simply lay a question on the table is not debat- able ; but, a motion to lay on the table and publish, or any other con- dition, is subject to amendment and debate. A motion to take a subject matter from the table may be proposed the same meeting, provided two-thirds of the aldermen present vote therefor. XXXI. A motion to lay any particular proposition on the table shall apply to that proposition only. Indefinite Postponement. XXXII. When a motion is postponed indefinitely, it shall not be again taken up at the same meeting. To Refer. XXXIII. A motion to refer to a standing committee shall take pre- cedence of a similar motion for a special committee. To Amend. XXXIY. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be entertained. XXX Y. An amendment modifying the intention of a motion shall be in order ; but, an amendment relating to a different subject shall not be in order. XXXYI. On an amendment to “ strike out and insert”, the para- graph to be amended shall first be read as it stands, then the words pro- posed to be stricken out and those to be inserted and, finally, the paragraph as it will stand if so amended shall be read. To Substitute. XXXYII. A substitute for any original proposition in debate may be entertained when further amendment is not admissible; and, if ac- cepted by the mover of such original proposition, or by the council by vote, it shall entirely supersede such original proposition, and cut off all amendments appertaining thereto. 49 408 Forms and Precedents. Reconsideration. XXXVIII. A vote or question may be reconsidered at any time dur- ing the same meeting, or at the tirst regular meeting held thereafter. A motion for reconsideration being once made and decided in the nega- tive, shall not be renewed, nor shall a vote to reconsider be reconsidered. XXXIX. A motion to reconsider must be made and seconded by members who voted in the majority, unless otherwise provided in the charter ; Provided, however, that where a motion is lost by reason of not receiving a two-thirds vote required for its passage, a motion to re- consider may be made and seconded by those voting in the minority Precedence of Business. XL. The city council shall at all regular meetings resume business at the same order on which it was engaged immediately preceding the last adjournment, with the exception of orders Xo. 1, 2, 3 and 4 of rule 2, which shall be called and disposed of before resuming business as herein provided. Standing Committees. XLT. The following shall be the standing committees of the city council : 1. On finance. 2. On judiciary. 3. On schools. 4. On railroads. 5. On fire and water. 6. On health and county relations, 7. On gas, oil and electric lights. 8. On public buildings. 9. On elections. 10. On streets and alleys. 11. On police. 12. On wharves and public grounds. 13. On harbor and bridges. 14. On markets. 15. On wharfing privileges. 16. On house of correction. 17. On licenses. 18. On local assessments. 19. On printing. XLII. The standing committees of the city council shall consist of members each, except the several committees on streets and alleys, which shall be composed each of as many aldermen as there are wards in the division represented. 409 Legislative Department. Select Committees. XLIII. On the acceptance of a final report from a select committee, the said committee shall be discharged without a vote ; unless otherwise ordered. Jurisdiction of Committees. XLIY. All matters relating exclusively to the streets and alleys in any division of the city shall be referred to the committee of that division. XLY. Unless in cases of emergency, committee meetings shall be called at least hours prior to the time of meeting of council, each member shall attend promptly at the hour stated in the notice or, if unable to do so, shall notify in writing the chairman of the committee to that effect. consecutive violations of this rule shall subject the offender to removal from the committee by the president of the council. XLYI. All ordinances, petitions, resolutions, orders and communi- cations to the council, shall, unless by unanimous consent, be referred to appropriate committees, to be decided by the chair, and only acted upon by the council at a subsequent meeting, on the report of the com- mittee having the same in charge. XLYII. When two or more committees are called, the council shall decide to which committee the subject matter shall go. Deports of Committees. XLYIII. Standing and select committees to whom references are made shall, in all cases, report in writing, at least once in each month — unless further time be granted by a vote of the council — the state of facts with their opinion thereon. Minority reports may be received at the same time with majority reports. XLIX. All reports of committees shall be addressed To the mayor and aldermen of the city of in city council assembled They shall briefly describe the matter referred and the conclusion to which the committee has arrived ; which conclusion shall be summed up in the form of an ordinance, order, resolution, recommendation, or some other distinct proposition. General Provisions. L. No order or resolution involving, directly or indirectly, the expenditure of money from the city treasury, and no ordinance (except such ordinances as are sent to the council by the department of public works, relating to public improvements, to be paid for by special assessments), shall be flnally passed by the city council until the same shall have been published, and then only flnally acted upon at a subse- quent meeting. 411 ) Forms and Precedents. LI. The rules of piirlimnentiiry pi-actice comprised in ”, shall govern tlie council in all cases to which they are apjdicahle, and in which they are not inconsistent with the standing rules of this council. Suspension e'jc. of Rules, LIT. These rules may he temporarily suspended by a vote of two- thirds of the aldermen jiresent, but shall not be repealed, altered or amended, unless by concurrence of two-thirds of all the aldermen enti- tled by law to be elected. Sergeant at Arws. LIII. There shall be elected by ballot, by the members of the council, a sergeant at arms of this council, who shall preserve order, obey the directions of the city council, and perform all duties usually ap|)ertaining to theotiiceof sergeant at arms of deliberative assemblies. Said sergeant at arms shall have power to appoint such number of assistants as he may deem necessary, for any length of time, not exceeding twenty-four hours at any one time ; ]>rovided, that such sergeant at arms shall be removable at the will of the council, by reso- lution duly adopted. Cp:nsure. LIV. Any member acting or appearing in a lewd or disgraceful manner, or who uses opprobrious, obscene or insulting language to or about any member of the city council, or who does not obey the order of the chair, shall be, on motion, censured by a majority vote of the members present, or expelled by a two-thirds vote of all members elected. In case of censure, the sergeant at arms, his assistants, or any Iverson acting under direction of the chair, shall cause the member cen- sured to vacate his seat and come before the bar of the council, and receive censure from the chair. 935. Rules of order for city councils and boards of trustees — short form.] I. The president shall, if present, take the chair at the hour appointed for the meeting of council [or the hoard\ If he be not present the council shall elect a temporary chairman, who shall act in his stead. The members being called to order, the roll of members shall be called, and if a quorum be present, the presiding officer shall cause the journal of the last preceding meeting to be read ; unless such readino’ be dispensed with by vole. II. The president shall preserve order and decorum. He may speak to points of order in preference to any other member and shall decide points of order, subject to an appeal to the city council [or hoard\ by any [the number selected^ members; on which appeal no member shall speak more than once, unless by leave of the city council [or board. J Legislative Deeautmen’t. 411 III. No motion sliall be put or debated until it is seconded, and every (piestion shall be distinctly stated by the ])resident, before it is open for debate. Every motion shall bo reduced to writing, if the president or any member shall so demand. When any question is ]>ut, if the president be in doubt or a division is called for, by any member, the decision may be by a rising vote. lY. The mayor [or j^resident] may call on any member to perform the duties of chairman; no such substitution, however, shall extend beyond the adjournment of the particular meeting. Y. Every member, previous to speaking to any question, shall rise from his seat and audibly address the presiding officer as “ Mr. Presi- dent”. Such member shall not, however, speak further until he is recognized and named, by the board or district he represents. No member, during any debate, shall be named by his personal name ; but, shall always be recognized by the designation of the ward or district which he represents — except as by section XYII, is otherwise pro- vided. YI. No member shall speak more than twice to the same question, unless permitted by the council [or l)oard\ YII. When a motion made has been stated by the president or a committee report made it shall be deemed to be in possession of the city council [or hoard\. It may, however, be amended or laid on the table or, with the consent of the council [or l)oard\^ withdrawn at any time before a vote is taken thereon. YIII. When a question is under consideration no motion shall be received but 1. To adjourn ; 2. To lie on the table ; 3. The previous question ; 4. To postpone indefinitely ; AVhich several motions shall have preference in the order in which they are herein named. k. motion to adjourn shall always be in order. It shall be decided without debate. The ayes and nays shall, always, be taken on a mo- tion to adjourn. IX. A motion for the previous question ; to lay the question on the table, until decided, shall preclude all amendment of or debate on the main question. X. The previous question shall be as follows : Shall the main question now be put ? ” XI. A motion to postpone consideration of a question indefinitely, or to adjourn it to a day certain, shall, until it is decided, preclude all amendments to the main question. XII. AVhen a blank is to be filled and different sums or times are proposed, the question shall first be put on the largest sum and the lonirest time. XIII. When a question before the city council [or hoard^ contains two or more distinct propositions, any member may call for a division Forms and Precedents. 412 of tlie qnestioD, and tlie vote sliall be taken on each distinct proposi- tion separatel3^ ordinance sliall be read when introduced and lie over until a future meeting, and be printed with the proceedings, before the same shall be ])assed. XV. Tlie ayes and nays shall be taken on the question of the pas- sage of all ordinances or propositions to create any liability against tlie city [o?‘ village], or for the appropriation or expenditure of its money. In all other cases such vote shall be had at the request of any member. In either case the vote shall be entered on the I’ecord of proceedings. XVI. Every member present when a vote is taken shall vote — unless excused by the city council \or hoard] or unless he shall be or may become directly interested in the matter pending, in which case no member shall vote. XVII. If any member shall transgress the rules of the council \or hoard], the president or any member may call him to order. When so called to order such member shall, at once, resume his seat. If such member persists in the violation of the rules, the presiding officer may ‘‘ name” him, by his personal name and command him to be seated. If he still persist, he shall be, on motion, censured by a majority vote of the members present. At any stage prior to the passage of such vote of censure, the council [or hoard] may, on motion, allow the trans- gressing member to resume the floor that he may explain. XVIII. All standing committees shall consist of members, ex- cept the committees on finance, streets and alleys, and on schools, which shall consist of members and shall be appointed by the mayor [or president] [or, hy vote of the council, or hoard]. XIX. The standing committees shall be appointed annually, as fol- lows : 1. Finance. 2. Streets and alleys. 3. Schools. 4. Judiciary. 5. Health. 6. Fire and water. 7. Gas. 8. Public buildings and real estate. 9. Police. 10. Railroads. 11. Markets. 12. Levee and landings. 13. Licenses. 14. Local assessments. XX. Select committees may be appointed, for the consideration of any particular question or matter by resolution of the council [or hoard] in the manner prescribed by the resolution adopted. Legislative Department. 413 XXI. When any committee — standing or special — shall be ap- pointed, the clerk shall notify the chairman thereof, and deliver to him the names of the members thereof, within hours after appoint- ment made. The chairman shall call the members together, and on the appearance of a (piorum, it shall proceed to the transaction of such business as is or may come before it. XXII. All new business introduced, at any meeting, shall be referred to the appropriate committee; unless, on motion, it is referred to a select committee ; or lay over until the next meeting. This rule shall never be suspended unless on the affii’mative votes of members. XXIII. All committees, to whom any matter may be referred, shall report in writing, stating the facts, giving their opinion thereon and appending to their report all papers to them referred. Such report shall be signed by the concurring members. Minority reports may be submitted, signed by the dissentient member or members. XXIY. On the acceptance of a final report from a select committee such committee shall stand discharged without vote, unless it be other- wise ordered. XX V^. All reports made by committees or officers of the city \or village] ; all resolutions adopted ; all ordinances as presented and passed; all communications, petitions and the like received and, generally, all papers presented to or acted on shall be filed and carefully preserved by the city clerk. XXVI. All petitions or communications addressed to the city coun- cil [or president and hoard of trustees] shall be in writing and tiled by the city clerk and not withdrawn; unless by leave of the council [or hoard]. XXVII. Unless for the payment of money as provided for by ordi- nance, all claims against the city, for the payment of money, must be in writing and filed with the city clerk, at least days before the next regular meeting of the council [or hoard]. XXVIII. In all cases, when a resolution is offered or motion made it shall be entered on the journal of the council [or hoard] ; the name of the member offering or making the same shall, also, be entered on such record. XXIX. The order of business of this council [or hoard] shall be as follows: 1. Petitions. 2. Reports of officers. 3. Communications. 4. Reports of standing committees. 5. Reports of select committees. 6. Unfinished business. 7. Resolutions, motions etc. on call of the roll, by wards. XXX. The above rules of procedure and order of business shall be, invariably, adhered to by the city council [or president and hoard of trustees]^ unless the same shall be temporarily suspended by unanimous 414 Forms a>td Phecedekts. consent. They lire, liowever, 8u]>ject to amendincmt or niodificatioii at a regular meeting next following a regular meeting at which notice, in writing, specifying the })roposed amendment is presented. 1. See ^ 936. Notice of special meeting.] City of , To C. F., Alderman, ward: Sir: — You are, hereby, notified that the mayor of said city of [or three aldermen {naming themy] have called a special meeting of the city council, to convene at , at the hour of ■, — . m., on the — day of , 18 — . Dated this the — day of , IS — . 1. See ^ flH , C. D., City Clerk. 937. Ordinance as to absentees.] An ordinance to compel the attendance of absentees, at meetings of the city council and to pre- scribe penalties for non-attendance. Be it ordained by the city council of the city of : Section 1. It shall be the duty of each and every alderman to attend at each regular and special meeting, duly called, of the council, at the hour appointed for convening. In default thereof, or on failure or neg- lect so to do, without just excuse, he shall forfeit and pay a penalty of dollars, for each and every omission to attend as aforesaid. 1. See § 8. 938. Ordinance regulating the time of meeting.] An ordinance to provide for meetings of the city council. Be it ordained by the city council of the city of : Section 1. E-egular meetings of the city council shall be held on the — day of each month of each year [or on the — day in each month of , of each yeary or on emry day'\ at the hour of , — . M., at [state the 'place wheref § 2. The time of each special meeting shall be designated by the can and shall be stated in the notice thereof, to be delivered to each aider- man elected. 939. Ordinance adjourning a regular meeting.] An ordinance fixing the time for holding the next regular meeting of the city council. Be it ordained by the city council of the city of : Section 1 . The next regular meeting of the city council shall be held on day, the — day of , 18 — , at the hour of , — . m. § 2. This ordinance shall be in force from and after its passage. 940. Ordinance substituting a day for regular meeting.] An ordinance fixing the time for the holding of the next regular meeting of the city council. Legislative Department. 415 Be it ordained by the city council of the city of : Section 1. 'I’liat, there sliall be no meeting of tlie city council on tlie — day of 5 i 6 — ; but, the regular meeting of the city council next after the meeting of , 18 — , shall be held on — day of , the — day of , 18 — , at o’clock, — . m. 941 . Journal of proceedings.] Council Chamber, , 18 — . The city council of the city of met at , at the hour of — — . M. Present — Plis lionor, the mayor, and aldermen [flaming them\ Absent — Aldermen [naming them\ [If the mayor he absent^ then ^^Ald. M. moved that Aid. W. take the chairl The motion jorevailed. Aid. W. in the chair.^ The minutes of the regular [or sjjecial] meeting held , 18 — , were read ; and. On motion of Aid. R., approved. [Or., Aid. R. moved that the minutes of the regular {or special) meeting held , 18 — , he approved without being read. The mo- tion prevailed?^ Petitions. Aid. D. presented a petition of E. M., for a permit to erect an awn- ing at the entrance to N o. — street. Referred to the committee on streets and alleys. The clerk presented the petition of T. Z. C., for compensation for personal injuries, which was Referred to the committee on finance. Aid. B. presented the petition of L. K., N. M. and one hundred and five others for the repeal of the ordinance for improving street, Which was, on his motion, referred to the committee on streets and alleys, with the request that said committee report back at the next regular meeting of the city council. Reports of Officers. His honor, the mayor, submitted his report of releases from the house of correction, for the ending , 18 — ; which was Placed on file. Also the following communication : Mayor’s Office, , 18- To the City Council : [Here copy the communication Aid. D. moved that the same be placed on file. The motion prevailed. Also, the following veto message : 50 ) Forms and Frege dents. Mayor’s Office, , 18 — . To tlie Connell : (rKNTLEMEN — 1 hcrowitli rotiim the ordinance [or resolution] in reference to etc. witliont a})proval, for tlie reasons etc. A. F., Major. The question recurring on the reconsideration of said ordinance, en- titled “An ordinance to provide etc.”, the question being “shall such ui'dinance ])ass, the mayor’s ob jections to the contrary notwithstanding ? ” Jt was decided in the affirmative, by the following vote : Yeas — [name the aldermen]. Nays — None [or as the fact may he^ naming the voter s^^ [Or Aid. M. moved to reconsider the vote hy which the ordinance referred to in the veto., was ymssed.] The motion prevailed. Aid. M. moved that the ordinance be passed, the veto of the mayor to the contrary notwithstanding. Aid. N. moved that the sulqect matter be referred to the committee on . Aid. J. moved that the same be referred to the committee on . Aid. M. withdrew his motion that the ordinance be passed, the veto to the contrary notwithstanding. Aid. M. moved that the ordinance submitted with the veto message^ be submitted with the reconsidered ordinance. The motion was lost by yeas and nays, as follows • Yeas — [name the voters]. Nays — [7iame the voters.] Aid. C. moved that the ordinance be laid over, published and made the special order for the next regular meeting at — o’clock. The motion prevailed. The inspector of submitted his annual report for the year ending , 18 -. Aid. S. moved that the same be published and placed on file. The motion prevailed. The following is the report [set it fo7dh]. CoM^iiTTEE Reports. Aid. S. presented the report of the committee on streets and alleys, on ordinance granting permission to C. I. Co. to lay down a switch track. Aid. S. moved to concur in the report and pass the ordinance. Aid. C. moved to amend the ordinance by [set forth the amendment as progyosed]. The amendment was agreed to. Aid. S. moved that the ordinance as amended be passed. The motion prevailed, by yeas and nays, as follows : Yeas — Aid. [set forth the voters'' names]. Nays — Aid. [set forth the voters’’ names]. The following is the ordinance as passed [insei't it as it passed]. Elections. 417 Aid. G., from the committee on police, to 'wliom was referred the following resolution : “ Resolved that ” etc. Reported the same back, with recommendation that it be adopted. The report was concurred in, and the resolution adopted the re- port was not concurred in, and the resolution was lost, or Aid, H. ~moved that the report he referred hack to the committee for reconsid- eration. The motion prevailed^ 3. ELECTIONS. Section. Section. 942. Petition to submit to vote the ques- 947. Record entry of votes cast. tion of minority representation. 948. Notice to person elected to office. 943. Record entry of submission to vote. 949. Notice of special election to fill va- 944. Notice of annual election. cancy. 945. Oath of judges and clerks of election. 950. Appointment of judges of election, 946. Judges’ return of votes cast there being no quorum in office. 942. Petition to submit to vote the question of minority repre- sentation.] To the Honorable the city council of : The undersigned, legal voters of the city of , equal in number to one-eighth the number of legal votes cast at the next preceding general city election in said city, respectfully petition that your honorable body shall cause the question of minority representation, in the city council, to be submitted to the legal voters of said city, in accordance with the provisions of section six (6) of article four (4) of an act to provide for the incorporation of cities and villages and its amendment, by act ap- proved April 11, 1883. 1. The statute provides that the election according to minority representation be submitted — of the force of the statute itself — at the time of the vote had, on organi- zation under the general law. Therefore, an election to determine the question of becoming incorporated under this statute is not invalid by reason of the failure of the civic authorities, in the ordinance calling such election, or in the notices thereof, to submit, at the same time, the question of minority representation; Chicago ». People, 80 111., 496. A petition for a new vote on that question, if it be desired again to be submitted, seems to be required as the only means of giving jurisdiction to any tri- bunal. 943. Record entry of submission, to vote, of the question of minority representation.] AVhereas, a petition of legal voters of the city of , equal in number to one-eighth the number of legal votes east at the next pre- ceding general city election in said city, has been presented to the city council, praying that this council shall cause the question of minority representation in the city council, to be submitted to the legal voters of said city, in accordance with the provisions of section six (6) of article four (4) of an act to provide for the incorporation of cities and villages and its amendment, by act approved April 11, 1883 ; and, 418 Forms and Precedents. Whereas, it is made to aj)pear unto this council that no such ques- tion of representation lias been submitted within the period of two y(‘iirs ; therefore, it is Ordered that such question he and tlie same is, hereby, submitted to the le^al voters of the city of , to be voted on by the voters thereof at the next general election, to be held on the — day of , 1 8 — . 944. Notice of annual election.] Notice is, hereby, given that on — day, the — of , 18 — ,at [set forth the places of holding the election^ giving the wards and precincts hy their numbers'] in the city of , an election will be held for [state the title of the several officers to he elected]^ that the polls will be opened at eight (8) o’clock, a. m., and remain open until seven (7) o’clock, p. m. Dated this, the — day of , 18 — . C. D., City Clerk. 1. See § 59, as to the naming of place of election and notice. 2- See 49, 50, as to the time of the annual election. 3. See § 51, as to the time of opening and closing polls. 945. Oath of judges and clerks of election, under the general law as to elections.] I do solemnly swear [or affirm] that I will support the constitution of the United States and the constitution of the state of Illinois, and, that I will faithfully discharge the duties of the office of judge of election [or clerh] according to the best of my ability. 1. See § 60, prescribing that elections shall be conducted under the general laws of the state. 2. See § 379, for form of oath required in cities and villages which have adopted or shall adopt the statute of June 19, 1885. 946. Judges’ return of votes cast.] At an election held at [state the place ^ the precinct hy number and the ward hy number] in the city [or village] of , in the state of Illinois, on the — day of , in the year of our Lord one thousand 'hun- dred and , the following named persons received the number of votes annexed to their respective names, for the following described offices, to wit : [Name the candidate] had [number of] votes for [title of office] [and in the same manner for every other person voted fori] Certified by us, A. B. 1 C. D. > Judges of Election. Attest : E. F. ) j^‘ I Clerks of Election. 1 . Form prescribed by statute of April 3. 1872. 2. See ^ 435, as to returns to be made if the statute of June 19, 1885, be adopted. Elections. 411 ) 947. Record entry of canvass of votes cast, at city or village election.] The following is a statement of the examination and canvass of the returns of the ballots cast, made, pursuant to law, by the judges, at an election held in the city {or village of , in the state of Illinois, on the — day of , 18 — . It appears, therefrom, that the following named persons received the number of votes set opposite their respective names, as follows, to-wit : A. 13. received — votes, for C. D. received votes, for [Completing the list of persons voted for^ as the facts aref\ It is, thereupon, declared, as the result of said election, that A. B., having received the highest number of votes for the office of is duly elected to said office. [In like manner state the result as to each office voted for 1. See §§ 440-6, as to the canvass of returns under the statute of June 19, 1885. 948. Notice to person elected to office.] City of To E. F. : You are, hereby, notified that at the election held in the city of , on the — day of , 18 — , you were elected to the office of Dated this the — day of , 18 — . C. D., City Clerk. 1. See § 62, as to the obligation to notify. 949. Notice of special election to fill vacancies, when no quorum in office of the city council or board of trustees.] Notice is, hereby, given that, by reason of vacancies which have occurred in the offices of aldermen in the following wards of the city of , to wit : [set forth the wards, hy number, in which vacancies exist and the number of such vacancies in each ward\ [or in the office of trustees in the village of ], so that there is not a quorum in office of the city council [or board of trustee^ : Now, therefore, the undersigned, the mayor of said city [or president of the said board of trustees^ has appointed the — day of , 18 — , as the time at which a special election will be held, in said city, to fill the vacancies afore- said, in the wards and at the places following, to wit : In the ward of said city at , for the election of aider- man [set forth in like manner as to all existing vacancies in the office\ Given under my hand this — day of , 18—. [Signaturef\ 1. See § 63, as to the manner of signing and as to the officers who may act in the premises. It seems to be obvious that the intention of the statute is that but one person shall acf. and that he shall act only in the order in which his office is named, upon the neglect or refusal of the persons named before him to act. 420 Forms and Precedents. 950. Appointment of judges of election there being no quorum of city council, or board of trustees, in office.] State of Illinois, I City of , (“'■ To : Whereas, by reason of vacancies which have occurred in the offices of aldermen in the following wards of the city of , to wit : [set forth the wards^ hy numhers^ in which vacancies exist and the number of such vacancies in each ward]^ [or in the offices of trustees of the village of ], so that there is not a quorum in office of the city council [or hoard of trustees'] : Now, therefore, the undersigned, the mayor of said city [or the president of the 'board of trustees of said village has appointed the — day of , 18 — , as the time at which a special election will be held, in said city [or village] to fill the several vacancies aforesaid, and does, hereby, appoint you, the above named , as judges of election to be held in the ward of said city [or^ in the said village]^ which election is appointed to be held at , in said ward. Given under my hand this the — day of ' , 18 — . 1. See note 1 to the last preceding section. 4. ENFOECEMENT OF PENALTIES — LICENSES. Section. 951. Clerk’s certificate in proof of ordi- nance. 952. Summons, for violation of ordinance. 953. Affidavit and complaint, for arrest. 954. Warrant for arrest. 955. Indorsement of special bail. 956. Warrant for disorderly conduct. 957. Complaint and affidavit for disor- derly conduct. 958. Warrant, for arrest. 959. Judgment. Section . 960. Mittimus. 961. Bond, for business license. 962. Grocery bond. 963. Saloon bond. 964. License, as to vocation. 965. License, as to amusements. 966. Permit to druggist to vend liquors. 967. License to porter or runner. 968. License to saloon or grocery. 969. License to keep and use for hire. 951. Clerk’s certificate in proof of ordinance.] State of Illinois, ] n f ss» of , i I, , clerk of said city [w village] of , do hereby certify that the foregoing [or annexed] is a true and correct copy of the original ordinance, entitled “ an ordinance ” etc., now in my custody and remaining in my office as clerk aforesaid ; and, that the same is a true and correct copy of the record of said ordinance, as the same ap- pears recorded by the clerk of said city [or village] in a book kept for Enforcement of Penalties — Licenses. 421 that purpose in pursuance of law and which book is in my custody as said clerk and remains in my office as sucli clerk. In witness whereof I have hereunto set my hand and affixed the [l. s.] corporate seal of said city [or village] of , this — day of 5 18 — . , City Clerk. 1. See ^ §9, as to the requirement that the city clerk shall keep a book for the purpose and record all ordinances therein. 2. Public officers, having lawful custod}' of books, records or journals, may authenticate, by certificate, a copy of any extract from such record. Such certificate is competent evidence that the copy is correct and such copy is evidence of the con- tents of the record; People v. Lee, 112 111., 121. 3. To make a certified copy of entries of record admissible in evidence the clerk’s certificate should show it to be a true copy of the originals, as entered in such record; People V. Lee, 112 111., 121. 952 . Summons, for violation of ordinance.] State of Illinois, ) County of , > ss. : City of •, ) The people of the state of Illinois, to the city marshal of the city of - , or any constable of said county: You are, hereby, commanded to summon to appear before me, at my office in said city [or milage^ of , on the — day of , 18 — , at o’clock, — . M., to answer a certain demand, not exceeding two hundred dollars, of the said city [or milage] against him, of the nature of a penalty, for the violation of section of an ordinance [identify if] of said city [or village], by [state the offense charged] ; and thereof make due i*eturn, as the law directs. Given under my hand this — day of , 18 — . [Signature of justice of the peace or police magistrate^ with title of office.] 953 . Affidavit and complaint for arrest.] State of Illinois, County of , City oj , I, , coinplainant, do solemnly swear that an ordinance of the city [or village] of , the said ordinance being known as [identify it hy title., number and section] has been violated, within the city [or milage] of , [or within the territorial jurisdiction of the city or village of , if the offense shall have been committed beyond the limits but is within the jurisdiction] by [state the particular breach], between noon of the — day of , 18 — , and noon of the day of , 18 — , and I further, under oath, say that I have reason- able grounds to believe that a certain person known to me by the name of , is guilty thereof; Wherefore, I, , pray that a war- rant be issued for the arrest of said person. •, Complainant. FuKMS and PltECiiDENTb. 4‘>9 954. Warrant for arrest.] State of Illinois, ) County of , J- City of , ) 1, , a , [title of office, showing authority to administer oaths'] of said city [or milage], do, hereby, certify tliat the above com- ])laiiit was duly subscrilied and sworn to before me by the complainant, therein named, at the city [or milage] aforesaid, this — day of , 18 — . Now, this is to command you to arrest and bring the body of said , forthwith, before me, at my office, at , unless special bail be entered on the back of this warrant signed by one or more re- sponsible sureties, for tlie full amount of the demand of said city [or milage] indorsed hereon ; and, if such bail be entered, you will then command him, the said , to appear before me, at my office in said city, on the — day of , 18 — , at — o’clock, — . m., to answer a certain demand of said city [or village against him, of the nature of a penalty, not exceeding two hundred dollars, for the violation of the ordinance aforesaid, and hereof make due return as the law directs. Given under my hand and seal this — day of , 18 — . [Signature, by name and title of ojftce.] [seal.] 955. Indorsement of special bail] I, , acknowledge myself special bail for the within named . Witness my hand, this — day of , a. d., 18 — . 956. Warrant for disorderly conduct.] State of Illinois, 1 County of , y ss. City of , ) In justice’s court [or police courf], city [or village] of . The people of the state of Illinois, to the city [or village marshal, or to any constable of said city [or village] or county, or any member of the police force of the city of , greeting : You are hereby commanded to take the body of , and bring him, forthwith, before me, at my office, at , in said city [or village] to answer to the complaint of the city [or village], on a plea of debt, for failure to pay said city [or village a certain demand, not exceeding two hundred dollars, for a violation of an ordinance of said city. [Signature, by name and title of office.] 957. Complaint and affidavit for disorderly conduct.] State of Illinois, County of , City of , The affidavit and complaint of , taken this — day of , A. D. 18 — , before the undersigned, justice of the peace of said county Enforcement of Penalties — Licenses. 423 [or police /nagistrale] in and for said city [or milage^; said complainant being sworn says, that , on or about the — day of October, a. d. 18 — , made an improper noise, riot, disturbance, breach of the peace and diversion tending to a breach of the peace, within tlie jurisdiction of said city [or village'] in violation of section , of an ordinance of said city [or village]^ entitled “An ordinance’’ etc. [identify the ordi- nance]. [Signature of complainant?^ Subscribed and sworn to before me, ) the day and year first above written, j , Justice of the Peace. 958. Warrant for arrest.] State of Illinois, \ County of , > ss. City of , f The people of the state of Illinois, to the city marshal of the city \or village] of , or any constable of said county, greeting : Whereas, there has been filed with me, the undersigned, justice of the peace, [or police magistrate^ a complaint signed and sworn to by one , wherein he alleges that an ordinance of the city [or village] of , being known as [identify the ordinance as in the complaint] has been violated within the jurisdiction of the said city [or village]., by [state the particular breach, as assigned in the complaint], be- tween noon of the — day of , 18 — , and noon of the — day of , 18 — , and that he has reasonable grounds to believe that one is guilty thereof, entitled, “An ordinance ” etc. [identify the ordinance and section] to wit : for making an improper noise, riot, disturbance, breach of the peace and diversion tending to a breach of the peace in said city [or village], in violation of section of said ordinance ; and hereof make due return as the law directs. Given, under my hand and seal, this — day of , a. d. 18 — . , [l. 8.] [with title of office.] 959. Judgment.] Cit} of plaintiff, ) violation of section of ordi- , defendant. j nance . [ Recite the proceedings as they shall have occurred and conclude] after evidence heard (and upon a verdict found by a jury) in the above entitled cause, it is adjudged by the court that the above defendant pay to the city [or village] of , dollars penalty and dol- lars costs of suit and, in default of immediate payment, that said de- fendant be committed to the city [or village^ prison or other safe place of custody until the penalty and costs aforesaid are paid, or said de- fendant shall be, otherwise, lawfully discharged. Forms and Precedents. 4:^4 960. Mittimus.] State of Illinois, County of , V ss. City of , ) The peo)>le of the state of Illinois, to the city [or milage] marshal and warden of the city [o7' village] prison of the city \or village] of , or any constable of said city [or village] or of said county, or any member of the police force of the city of , greeting: "Whereas, on the — day of — — , 18 — , the city [or village] of recovered, before me, a judgment for the sum of dollars penalty and dollars costs against , for the violation of section of an 'ordinance [identify the ordinance]^ of said city, by [set forth the specific Offense]. Now, this is to command you, in the name and by authority of said people, to demand of said the immediate payment, in lawful money, of said judgment, for penalty and costs and, upon his failure or refusal to pay the same, on such demand, that you arrest and take the body of said and him deliver, with this writ, to the warden of the city prison aforesaid ; and, we command you, the said warden, to receive the body of him, the said and him safely keep m the city [or village] prison, or other safe place of custody provided by the authority of said city [or village] twenty-four hours for each fifty cents of such judgment for penalty and costs, and a proportionate period of time thereafter for any part of such judgment for penalty and costs, less than fifty cents ; but, not for a period of time in excess of six months; unless such judgment for penalty and costs be sooner satisfied or the said be otherwise lawfully discharged; and, upon such dis- charge, you, the said warden, are, hereby, directed to make due return to me of this writ, with your indorsement thereon, showing the period of imprisonment and manner of discharge. Given under my hand this — day of , 18 — . [Signature.^ with title of office.] 1 . See § 71 ; as to places of detention. 961. Bond, for business license.] Know all men by these presents, that we, , of the county of and state of Illinois, are held and firmly bound unto the city of , in the penal sum of hundred dollars, for the payment of which sum of money, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this — day of a. d., 18 — . The condition of the above obligation is such, that, whereas, the above bounden has obtained permission to exercise the vocation of at street, in the city of , subject to revocation, in the discretion of the mayor: Now if the said shall well and faithfully perform his duties in his said vocation, conforming, in all respects, to Enforcement of Penalties — Licenses. 425 the ordinances of tlie said city of , in such case made and provided, and shall, also, immediately upon notice of revocation of this license, by the mayor (in case of such revocation), cease to exercise such voca- tion of then this obligation to be void; otherwise to remain in full force and effect. [seal.] [seal.] State of Illinois, ) [seal.] County of , > City oj’ . j In the matter of the application of for a license, and who offer themselves as security on the bond of said applicant, being severally duly sworn, upon their oaths, respectively, say that he is worth, over and above all his debts and liabilities, of every nature and kind, in property not exempt by the laws of this state from levy and sale on execution, the sum of hundred dollars, and that he is a freeholder in said county. Subscribed and sworn to before me ) this day of , 18 . ) , Notary Public. 962. Grocery bond.] Know all men by these presents, that we , of the county of and state of Illinois, are held and firmly bound unto the people of the state of Illinois, in the penal sum of $3,000, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severall}^, firmly by these presents. Sealed with our seal, and dated this — day of , a. d. IS — . The condition of this obligation is such, that whereas the above bounden has obtained license to keep a dramshop, at No. in said city, until , a. d. 18 — . Now if the said shall well, truly and promptly pay, or cause to be paid, all damages to any person or persons which may be inflicted upon them, either in person or property, or means of support, by reason of his or their selling or giving away intoxicating liquors, in anv quantity, to be drank in, on or about the building or premises where sold, or to be drank in any adjoining room, building or premises, or other place of public resort connected with said building, then this obligation to be void ; otherwise to remain in full force and effect. 7 [seal.] [seal.] [seal.] [seal.] Forms and Precedents 963. Saloon bond.] Know all men by these presents, that we as principal — , and as sureties of the county of and state of Jllinoib, are held and firirdy bound unto the city of in the penal sum of $500, for the })ayment of which sum, well and truly to be made, we bind our- selves, our heirs, executors and administrators, jointly and severally, lirmly by these [)resents. Sealed with our seals, and dated this — day of , a. d. 18 — . The condition of this obligation is such, that, whereas, the above bounden has obtained license to keep a dram shop, until , a. D. 18 — , at Ko. in said city : Now if the said shall faithfully observe and keep all ordinances, now in force or hereafter to be passed, dui-ing the period of such license; and shall keep closed all doors opening out upon any street, from the bar or room, where such liquors are sold, on Sunday, and that all windows opening upon any street, from such bar or room where such liquors are sold, shall be provided with blinds, shutters or curtains on Sunday, so as to obstruct the view from such street in to such rooms ; and shall prevent all playing for money, liquor, or any article or thing upon any table of any kind, or with cards or dice, or with pigeon holes, or upon or with any article or thing, whatever, and shall not keep any billiard table on or about the said premises without paying to said city the proper license or penalty therefor, whether in actual use or not ; and shall not keep any ball alley, or pin alley on or about the ])remises without paying to said city the proper license or penalty therefor, whether in actual use or not, and shall allow no vagrant, no keeper of a house of ill fame, no prostitute, no drunken or disorderly person, in or about the premises; and shall allow no concert, exhibition, ball, dance or play to be given or performed in the same room where the liquors are sold, and shall, also, immediately upon a notice of revo- cation of this license b}’ the mayor (in case of such revocation) cease to keep such premises open, and shall not sell, give away, or in any man- ner deal in, by himself, servant or any other persons, any such liquor, after notice of said revocation is left at the bar; and in case said licensee shall sell and convey said premises, said purchaser shall well and faith- fully observe and perform all requirements upon said license, by the conditions of this bond and the ordinance of said city, until such time as said license shall be legally transferred upon the books of the city, then this obligation to be void ; otherwise to be and remain in full force and effect. [seal.] [seal.] [seal.] [seal.] Approved : , Mayor. Enforcement of Penalties — Licenses. 427 , 964. License, as to vocation.] By autliority of the city of , permission is hereoy given [or to keep for hire'] — at IN^o. street, in said city, until the — day of next, sid)ject to the provisions of all the ordinances now in force, and that may hereafter be passed by said city relating to said vocation. /Phis license may be revoked by the mayor at any time, at his dis- cretion. Witness, the band of the mayor of said city, and the corporate seal [l. s.] thereof, this — day of , 18 — . — , Mayor. Attest: , City Clerk. 965. License as to amusements.] Permission is hereby given , at in said city, to give enter- tainments of the class, for the period of from the date hereof. Provided, that no gaming, raffle, lottery, or chance distribution of money or articles of value shall be connected therewith, or allowed by the person obtaining this license, or in any wise permitted or held out as an inducement to visitors. This license is subject to all ordinances now in force, or which may hereafter be passed, concerning entertainments, and may be revoked by the mayor at any time, at his discretion. Witness, the hand of the mayor of said city, and the corporate seal [l. s.] thereof, this — day of , 18 — . , Mayor. Attest: , City Clerk. 966. Permit to druggist to vend liquors.] Permission is hereby given , keeping what is commonly known as a drug store at No. street in said city to sell and give away or deal in vinous, spirituous, ardent or fermented liquors for medical, mechanical, sacramental or chemical purposes, only, not 'to be drank upon the premises, or in any such store, until the — day of next, subject to the provisions of all the ordinances now in force and that may hereafter be passed by said city relating to said vocation. This license may be revoked by the mayor at any time at his discretion. Witness the hand of the mayor of said city and the corporate seal [l. s.] thereof this — day of 18 — . , Mayor. Attest: , City Clerk. 967. License to porter or runner.] Permission is hereby given to employ as a public porter or runner, for in said city, until the — day of next; said J28 Forms and Precedents. ])orter or runner to wear a badge numbered , subject nevertheless to a faitliful observance on tlie part of said etnjdoyer, and said porter or runner, of all the ordinances of said city now in force and which may hereafter be passed relating thereto. This license is subject to revocation by the mayor at any time, at his discretion. Witness, the hand of the mayor of said city, and the corporate seal [l. s.] thereof, this — day of , 18 — . , Mayor. Attest : , City Clerk. 968. License for saloon.] License is hereby given to to keep a saloon or grocery, at , in the city of , and to sell, barter, give away, or deliver wines and other liquors, whether malt, vinous, or spirituous, in quantities less than one gallon in the place above designated, from the date hereof un- til the — day of , 18 — , bonds having been filed pursuant to the laws of the state of Illinois, and the ordinances of the city of , in 'such cases made and provided, to be subject to such ordinances of the said city of ' as now or hereafter may be in force, and the laws of said state, now or hereafter in force, in regard to the sale of wines and liquors. No vagrant, no keeper of house of ill fame, no prostitute, no drunken or disorderly person shall be allowed in or about the premises ; nor shall the premises be kept open on any days of election. No con- cert, exhibition, ball, dance or play shall be given or performed in the same room where the liquors are sold. No playing for money, liquor, or any thing else, upon any table of any kind, or with cards or dice (or pigeon holes), or upon or wdth any articles or thing whatever shall be allowed. In case said licensee shall sell or convey said premises, he and his sureties shall be holden for a faithful and exact observance of all the conditions of the bonds accompanying this license, until any transfer made of it shall be duly recorded on the books of the city. Nevertheless, this license, with all the rights under it, is subject to revo- cation at the discretion of the mayor, and this license, with all the rights under it, shall terminate absolutely upon the notice of said revo- cation being left at the bar, and the person to whom it is issued shall stand in the same position as if he had not taken out any license. Given under the hand of the mayor of said city and the corporate [l. s.] seal thereof, this — day of — : — , a. d. 18 — . Mayor. Attest: , City Clerk. 969. License for vehicles.] Permission is hereby given to keep and use for hire, within the city of , a coupe \designate the vehicle by class ; as, express wagon, etc.'], drawn by one horse, and numbered , from the date hereof, until the — day of next, subject nevertheless to revoca- tion in the discretion of the mayor, as provided under the ordinances Officers. 429 of said city. This license to terminate absolutely upon notice of revo- cation by the mayor. Witness, the hand of the mayor of said city, and the corporate seal [l. s,] thereof, this — day of , 18 — . , Mayor. Attest: , City Clerk. 5. OFFICERS. Section. Section . 970. Ordinance fixing the amount of oflS- 973. Certificate of election of clerk. cial bonds. 974. Notice of successor in office to de- 971. Official bond of city officer. liver over. 972. Commission, or warrant, of officer. 970. Ordinance fixing the amount of official bonds.] Be it ordained by the city council \or president and hoard of trustees] of the city [or the milage] of : Section 1. The penal sum of the official bonds of the following offi- cers shall be and the same is, hereby, fixed at the following amounts : That of mayor at the sum of dollars. That of city clerk at the sum of dollars. . . That of city attorney at the sum of dollars. That of city treasurer at the sum of dollars. [In like manner as to each officer^ to he included in and affected hy the ordinance.] 971. Official bond of city officer.] Know all men, by these presents, that we, A. B., as principal, and Y. Z. and M. N., as surety, are held and firmly bound unto the city [or village] of , in the sum of ($ ) dollars, which well and truly to be paid, we bind ourselves, our heirs, executors and ad- ministrators, and each of them, firmly by these presents. Sealed with our seals and dated this — day of , 18 — . The condition of the above obligation is such that, whereas the above A. B. has been elected [or appointed] to the office of , in and for the said city [or village] of : Now, therefore, if the said A. B. shall faithfully perform the duties of said office and shall pay over all money received by him as such officer, according to law and the ordinances of such city [or village], then this obligation is to be void ; otherwise to remain in full force and effect. A. B. [l. s.] Y. Z. [l. s.] M. N. [l. s.] 1. See § 654, providing that all official bonds shall be acknowledged, in due form, by the obligors therein, also for the form of the certificate of acknowledgment. Forms and I’ltECKDENTS. 972. Commission, or warrant, of officer.] , 96 ‘. State of Illinois, of . To all to whom these ])resents shall come, greeting : Know ye that A. B., having been, on the — day of , 18 — , duly elected \or a 2 >pointed] as [set forth the title of ojjice\ in and for the said city [or village] of , 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 , 18 — , and until his successor shall be elected [or appointed] and qualilied. In witness whereof this warrant is signed by the clerk and mayor of said city [or president of the hoard of trustees of said vil- [l. 6.] lage] and the corporate seal tliereof is hereunto affixed, this — day of , 18 — . [Signatures in the order named.] 1. See §83. 973. Certificate of election of clerk.] State or Illinois, ) City of . I, , mayor of said city [or president of the hoard of trustees of the village of] , do, hereby, certify that was, on the — day of , 18 — , duly elected to the office of city [or village] clerk of said city [or village]^ and, having taken the oath of office and given bond as required, he is entitled to act in and exercise the authority of said office, until the — day of , 18 — , and until his successor shall be elected and qualified. In witness whereof I have hereunto set my hand and affixed the cor- [l. s.] porate seal of said city [or village] of , this the — day of , 18—. [Signature hy mayor or president of hoard of trustees.] 1. See § 83. 974. Notice of successor in office to deliver over.] ss. State of Illinois, \ City of . f To , formerly [set forth the title of office] of said city [or village] of You are, hereby, notified that I, , having been elected [or ap- pointed] to the office of [state the office hy its title]^ as your successor, and having duly qualified and been commissioned as such, do request that you deliver to me, as such successor, all property, books and effects, of every description, in your possession belonging to the city [or vil- lage], or appertaining to said office of . Dated this — day of , 18 — . [Signature vnth official title.] Finance. 431 6. FINANCE. Section. Section. 975. Ordinance designating the fiscal year. 978. Warrant, drawn on treasurer. 976. Appropriation ordinance. 979. Ordinance for levy etc. of tax. 977. Treasurer’s annual report. 975. Ordinance designating the fiscal year.] Be it ordained by the city council of the city \or 'president and hoard of trustees of the vUlage\ of : Section 1. The fiscal year of the city \or village\ of shall com- mence on the day of of each year. 1. See § 99 ; establishing a fiscal year; hut, allowing a change thereof by ordi- nance. 976. Appropriation ordinance.] An ordinance making appropriations for corporate purposes, for the fiscal year, from ,18 — , to , 18 — .] Be it ordained by the city council of the city of . Section 1. That the following sums, or so much thereof as may be authorized by law, be and the same are, hereby, appropriated for cor- porate purposes of the city of , as hereinafter specified, for the fiscal year, commencing , 18 — , and ending , 18 — . Building inspection department $ City cemetery $ City clerk’s office $ City hall fund $ Contingent fund $ Cost, collecting city taxes $ Department of public works $ special assessment department $ public buildings $ salaries $ Election expenses $ Fire department $ General sinking fund $ Health department $ House of correction $ Interest account $ Judgment account $ Legal expenses S Police department • $ Public library $ Salaries $ Sewerage fund $ 432 FoitMs AND Precedents. Special assessments of city property $■ Street lamp fund $■ Grand total $ § 2. All unexpended balances of any item or items of any general appropriation made by this ordinance may be expended in making up any insufficiency in any item or items in the same general appropri- ation and foi* the same general purpose, or in a like appropriation made by this ordinance. 1. See § 100 . The specification of the particular items of expenditure to which the approi)riation is devoted is, perhaps, usually stated. Such is the seeming intent of the statute; as thus: Cost, collecting city taxes: For expenses of collecting city taxes of , and prior years and for copying delinquent lists $ Add per cent., for probable deficiency, arising in the collection of this appropriation $ $ 977 . City Treasurer’s annual report.] To the mayor and aldermen of the city of , in city council as- sembled : The undersigned, in compliance with section 10 of article 7 of the city charter, respectfully submits his annual report of all receipts and expenditures during the fiscal year ending , 18 — , and the state of the treasury at the close of that year. Keceipts. Balance in treasury, , 18 — $— General taxes, 18 — $ Special assessment and deposit fund $ Water $ School $ - Befundirg loan account $ Sewerage sinking fund $ General sinking fund $ Police fund $ Fire department $ General appropriation $ Public works department $ Sewerage $ House of correction fund $ School tax fund $ Public library fund $ Contingent fund $ Health department fund $ Street lamp fund $ City hall fund $ Finance. 433 Police [or city] court $ Licenses $ Rents $ Official fees $ City markets $ Pounds $ Tax purchase $ Special tax purchase , $ Tax deeds $ Forfeitures in and prior years $ Personal property and delinquent tax $ Special deposit of $ $ Expenditures. Special assessment and deposit fund $ Water fund $ Refunding loan account . $ General sinking fund $ House of correction fund $ General fund, 18 — . $ Contingent fund, 18 — $ Fire department fund, 18 — $ Police fund, 18 — $ Public works fund, 18 — $ School tax fund, 18 — $ House of correction fund, 18 — . . $ General fund, 18 — $ Contingent fund, 18 — $ Fire department fund, 18 — $ Police fund, 18 — $ School tax fund, 18 — $ Public library fund, 18 — $ Health department fund, 18 — $ Sewerage fund, 18 — $ Public works fund, 18 — $ Street lamp fund, 18 — $ City hall fund, 18 — $ Interest account, 18— $ $ Balance in treasury, - , 18 — $ $ Yours etc., , City Treasurer. Forms and Prkcedents. 978. Warrant, drawn on treasurer.] $ No. State of Illinois, ( CAty of , 1 To the treasurer of the city of : Pay to , or order, the sum of dollars out of the fund \_state the fund or particidar appropriation^^ to which this vrarrant is chargeable. Countersigned, , City Clerk. , Mayor. 979. Ordinance for assessment etc. of tax.] An ordinance for the levy and assessment of taxes, for the current fiscal year. Be it ordained by the city council of the city of : Section 1, That, the sum of ( — ) dollars, the same being the total amount of appropriation heretofore legally made for all corporate purposes of the city of , for school purposes and for maintaining a public library, and to be collected from the tax levy of the current fiscal year of said city, be and the same is, hereby, levied and assessed on all the real and personal property, within said city, subject to taxa- tion, according to the valuation of such property, as the same is as- sessed for state and county purposes for the current year ; the said tax so levied and assessed, being for the current fiscal year of said city and the said appropriation, the total amount of which has been ascertained, as aforesaid, being as follows : [set forth the appropriation ordinance^ § 976, complete. \ § 2. The city clerk is, hereby, directed to file, with the county clerk of county, Illinois, on or before the second Tuesday of August, 18 — , a copy of tliis ordinance, duly certified by said clerk. 1. See § 122 , as to this ordinance. 2. “It is also plain that such trustees could not, lawfully, impose any tax upon the property within such town, except by proceedings reduced to writing and recorded in that town record. The form of such proceeding may not be important. It may not be necessary that the same should begin with the words “ be it ordained but, it is essential to the valid imposition of such a tax that a written entry should be made, in the record of the proceedings of the board, showing the determination that a tax, of a given amount, should be collected”; People «. Lee, 112 111., 121 7. SPECIAL ASSESSMENTS AND TAXATION. Section. 980. Sidewalk ordinance. 981. Sidewalk inspector's return for as- sessment. 982. Report of commissioners. 983. Order of approval. 984. Water service pipe. 985. Report of commissioners. Section. 986. Report of commissioners. 987. Order of approval. 988. Certificate of work done by owner. 989. Ordinance for drains. 990. Sewerage ordinance. 991. Street improvement. 992. Engineer’s estimate of cost. Special Assessments and Taxation. 435 Section. 993. Certificate of work done by owner. 994. Ordinance to improve, where pro- perty will be damaged etc. 995. Application to assess damages. 996. Commissioners’ oath. 99T. Assessment roll. 998. Certificate as to assessments etc. 999. Special assessment notice. Section. 1000. Affidavit of posting notices. 1001. Certificate of publication. 1002. Commissioners’ affidavit. 1003. Special assessment voucher, to con- tractor. 1004. Abatement voucher. 1005. Contract for work, by special assess- ment. 980. Sidewalk ordinance.] An ordinance for sidewalk on street, from street to street. Be it ordained by the city council of the city of : Section 1. That a sidewalk feet in width, of two-inch pine plank, not less than eight, nor more than ten inches wide, laid at the established grade of said upon three pine stringers, three by four inches, said stringers to rest upon three by four-inch pine bearers, laid crosswise and hrmly bedded six feet apart, each plank to be nailed to the stringers with thirty penny nails, each bearer to be nailed to the stringers with thirty penny nails, and all lumber used in the construction of said sidewalk to be good, sound lumber, not inferior to the grade known as “ choice common”, be and is, hereby, ordered con- structed on . Provided, however, that the owner of any lot or piece of ground fronting on said contemplated sidewalk shall be allowed fifteen days after the time this ordinance shall take effect in which to construct said sidewalk opposite his land, and, thereby, relieve the same from assessment ; said work to be done under the superintendence of the department of public works. § 2. That so much of said improvement as shall not be made, by said owners, within the time aforesaid shall be made and the cost thereof paid for by a special assessment to be levied upon the property benefited thereby to the amount that the same may be legally assessed therefor, and the remainder of such cost to be paid by general taxation, in ac- cordance with article nine (9) of an act of the general assembly of the state of Illinois, entitled “ an act to provide for the incorporation of cities and villages”, approved the 10th day of April, a. d., 1872, and adopted by the common council of said city, by ordinance passed the — day of , a. d. 18 — . § 3. That , and be and they are, hereby, appointed commissioners to make an estimate of the cost of so much of said im- provement as shall not liave been made by said owners within the time aforesaid, including labor, materials and all other expenses attending the same, and the cost of making and levying the assessment therefor. 1. An ordinance for a local improvement, by special assessment — in wliole or in part — is fatally bad if it fails to describe the nature and character of the proposed improvement; Sterling v. Galt, 117 111., 15. The ordinance, however, is only required to comply, substantially, with the statute. It is not required to set forth all particu- lars and details of the work; Pearce v. Hyde Park, 128 111., 280; Kankakee x>. Potter, 110 111., 326. Foiars AND Plli:CEDENTS. 4 .% 2. An ordinance to construct a sidewalk on botli sides of one street does not em- brace two se|>arate and distinct iini)roveinents; Watson d. Chicago, 115 111., 79. II, 'I'lie general incorporation act vests the sole and exclusive power in city coun- cils, by ordinance, to determine the public’s share of the cost of a local improvement [see ^ 2 of the last preceding ordinance], • Watson v. Chicago, 115 111., 70. 4. The ordinance, in such case, need not state the proportion of cost to be borne by the public and the property owners; Sterling v. Galt, 117 111., 15. 981. Sidewalk inspector’s return for assessment.] Office of the Department of Pdrlic Works. This is to certify, that an ordinance passed by the city council > 18 — , for constructing a sidewalk on side of street, from street to street. The following described lots and parcels of ground should be assessed, the walks in front of the same not having been built by the owner. , Inspector. The following list has been examined by me and found correct. DESCKIPTION. Sub-Lot. Lot. Block. No. Feet. 982. Report of commissioners.] To the mayor and aldermen of the city of , in city council as- sembled : The city council of said city having passed an ordinance providing that ? sidewalk feet in width, of two inch pine plank, not less than eight, nor more than ten inches wide, laid at the established grade of said upon pine stringers, three by four inches, and string- ers to rest upon three by four inch pine bearers laid crosswise and hrmly bedded, six feet apart, each plank to be nailed to the stringers with six thirty penny nails, each bearer to be nailed to the stringers with six thirty penny nails, and all lumber used in the construction of said sidewalk, to be good, sound lumber, and not inferior to the grade known as “choice common”, be constructed on ; and providing in said ordinance, that the owner of any lot or piece of ground front- ing on said contemplated sidewalk should be allowed fifteen days after the time the said ordinance should take effect in which to construct said sidewalk opposite his land and, thereby, relieve the same from as- sessment ; said work to be done under the superintendence of the de- partment of public works of said city, and the undersigned having Special Assessments and Taxation. 437 been appointed, hy said city conncil, commissioners to make an estimate of tlie cost of so much of said improvement as shall not have been made by said owners within the time aforesaid, including labor, ma- terials and all other expenses attending the same, and the cost of mak- ing and levying the assessment therefor, and the sidewalk in front of the lots and parcels of land described as follows, to wit : part of lot. Sub- Lot. Lot. Block. Front Feet. not having been constructed, we submit herewith our estimate of the cost of so much of said contemplated improvement as has not been made by the owners of lots or parcels of ground fronting on said con- templated improvement, including labor, materials and all other ex- penses attending the same, and the cost of making and levying the as- sessment therefor. Estimate. lineal feet of sidewalk, feet in width $ Cost of making and levying the assessment therefor $ Total $ I Commissioners. Dated this — day of , a. d. 18 — . 1. The cost of making an assessment for special taxation may, properly, be taxed on abutting lots; Enos v. Springfield, 113 111., 73. 983. Order of approval.] Ordered, that the report of the commissioners appointed to make an estimate of the cost of the improvement contemplated by the ordinance, entitled “an ordinance” etc. , passed the — day of , a. d., 18 — , be and the same is, hereby, approved, and that the counsel to the corporation be, and he is, hereby, directed to file a petition in the county court of county, Illinois, for proceedings to assess the esti- mated cost of such improvement in accordance with the act, in said ordinance mentioned. Forms and Precedents. m 984. Water service pipe.] An ordinance for water service ])ipes on street, from street to street. lie it ordained by the city council of the city of : Section 1. That a water service pipe be and is, hereby, ordered laid from each of the lots or parcels of land hereinafter described, abutting on street, from street to street, in said city, to connect with the public main water pipe in street, in front of or adjoin- ing such lot or parcel of land. PART OF LOT. Sub- Lot. Lot. Block. Said work to be done under the superintendence of the department of public works. § 2. That said improvement shall be made, and the cost thereof paid for, by a special assessment to be levied upon the propertj^ benefited thereby, to the amount that the same may be legally assessed therefor, and the remainder of such cost to be paid by general taxation ; in accordance with article nine (9) of an act of the general assembly of the state of llfinois, entitled “an act to provide for the incorporation of cities and villages”, approved the tenth day of April, a. d. 1872, and adopted by the common council of said city, by ordinance passed the — day of , a. d. 18 — . § 3. That , and , be and they are, hereby, appointed commissioners to make an estimate of the cost of said improvement, including labor, materials, and all other expenses attending the same, and the cost of making and levying the assessment therefor. 985. Report of commissioners.] To the mayor and aldermen of the city of , in city council assembled : The city council of said city having passed an ordinance providing that a be laid from each of the lots or parcels of land, hereinafter described, abutting on street, from street to street, to connect with the public main in street, in front of or adjoin- ing such lot or parcel of land, said work to be done under the superin- tendence of the department of public works of said city, and the un- dersigned having been appointed, by said city council, commissioners to make an estimate of the cost of said improvement, including labor, materials, and all other expenses attending the same, and the cost of making and levying the assessment therefor, do herewith submit our estimate of such total cost. Special Assessments and Taxation. 439 Estimate. PART OF LOT. Sub-Lot. Lot. Block. Estimated Cost, including labor, materials, etc. Dolls. Cts. Cost of making and levying the assessment therefor $ Total $ I Commissioners. Dated this — day of , 18 — . 986. Report of commissioners.] To the mayor and aldermen of the city of , in city council assembled : The city council of said city having passed an ordinance providing that a be laid from each of the lots or parcels of land therein described, abutting on street, from street to street, to connect with the public main in street, in front of or adjoining such lot or parcel of land, said work to be done under the superintendence of the department of public works of said city, and the undersigned having been appointed, by said city council, commis- sioners, to make an estimate of the cost of said improvement, including labor, materials and all other expenses attending the same, and the cost of making and levying the assessment therefor, do herewith sub- mit our estimate of such total cost. Estimate. , @ $ T’ ® Cost of making and levying the assessment therefor Total $ I Commissioners. , 18—. Dated this — day of 410 I'ORMS AND PrECP:I)ENTS. 987. Order of approval — General.] Oi'dered, that the re})ort of the commissioners appointed to make an estimate of the cost of the improvement contemplated by the ordinance, entitled “An ordinance” etc. , passed the — day of , a. d., 18 — , be and the same is, hereby, approved, and that the counsel to the corporation be and he is, hereby, directed to file a petition in the county court of county, Illinois, for proceedings to assess the estimated cost of sucli improvement in accordance with the act in said ordinance mentioned. 988. Certificate of work done by owner.] Warrant . , , 18 — . Mr. : This is to certify that water service pipe in front of sub-lot , lot , block on street, has been laid free of any ex- pense to the city, except cost ; which must be paid to the collector. , Water Assessor. 989. Ordinance for — inch drains.] An ordinance for — inch drains on street, from street to street. Be it ordained by the city council of the city of Chicago : Section 1. That a — inch drain be and is, hereby, ordered laid from each of the lots or parcels of land, hereinafter described, abutting on street, from street to street, in said city, to connect with the public main sewer in street, in front of or adjoining such lot or parcel of land. PART OF LOT. Sub-Lot. Lot. Block. Said work to be done under the superintendence of the department of public works. § 2. That said improvement shall be made, and the cost thereof paid for, by a special assessment to be levied upon the property bene- fited thereby to the amount that the same may be legally assessed therefor, and the remainder of such cost to be paid by general taxa- tion ; in accordance with article nine (9) of an act of the general as- sembly of the state of Illinois, entitled “An act to provide for tlie incorporation of cities and villages”, approved the tenth day of April, A. D. 1872, and adopted by the common council of said city by ordi- nance passed the — . day of , a. d. 18 — . Special Assessments and Taxation. 441 § 3. That , , and , be and they are, hereby, appointed commissioners to make an estimate of the cost of said improvement, in- cluding labor, materials and all other expenses attending the same, and the cost of making and levying the assessment therefor. 990. Sewerage ordinance.] An ordinance for the construction of a sewer in street, from street to street. Be it ordained by the city council of the city of ; Section 1. That a sewer be constructed and laid . That the internal diameter of said sewer shall be , and the grade of the bottom of tlie inside thereof shall be feet above city datum. man holes are to be built upon said sewer at such points as may be directed, to be cylindrical in shape and have an internal diameter of three (3) feet and resting on a foundation of three courses of sewer brick, the walls of said manholes to be eight inches thick, built of two courses of sewer brick laid edgewise in perpendicular courses. catch-basins shall be constructed and connected and trapped with said sewer with nine-inch vitrified tile pipe located at such points on the curb lines of said street as may be directed. Said catch-basins shall be seven feet two inches deep, to be four feet inside diameter on the bottom to a height of five feet two inches ; and, thence, to narrow to three feet inside diameter at the top. The walls to be eight inches thick, built of two courses of sewer brick, placed edgewise in perpen- dicular courses, resting on a solid bottom of two-inch oak plank, strongly spiked to cross planks firmly imbedded, and each basin and man hole shall be provided with an iron cover similar in each case to those now in use by the city of . House connection slants of six-inch inter- nal diameter to be placed on both sides of tlie sewer opposite each twenty feet of lot frontage . All brick work to be laid in the best American hydraulic cement. Said work to be done under the superin- tendence of the department of public works. § 2. That the cost and expense of said improvement shall be de- frayed by a special assessment made in accordance with sections eighteen (18) to fifty-one (51) inclusive, in article nine (9) of the act of the gen- eral assembly of the state of Illinois, entitled “iVn act to provide for the incorporation of cities and villages”, approved A\)ri\ 10, 1872. § 3. That , and , be and they are, hereby, appointed commissioners to make an estimate of the cost of the improvement con- templated by this ordinance, including labor, materials and all other expenses attending the same, and the cost of making and levying the assessment herein provided for. 1. A city having adopted article 9 of the general law, to provide for the incorpora- tion of cities and villages, has power to construct sewers by special assessment, re- gardless of its powers under the special charter ; Murphy «. Peoria, 119 111., olO. 2. An ordinance for a sewerage system, not specifying the nature, character, local- ity and description of man holes and the like, can not be the basis of an assessment; Ugden V. Lake View, 121 111., 423. Forms and rRp:cEDENXS. 412 !{. Such iin ordinuncp is sufficiently certain — as tf> tlie location of man holes — which provides for “ necessary man holes and Inlets for surface drainage”. As where the ordinance provided that said sewer shall be two fcjet inside diameter and shall he constructed of the best brick and cement, in the best workmanlike manner, with nec<*ssary manholes and inlets for surface drainage” etc. The word “necessary” shouhl be taken as a term of restriction, so far as respects the location of the man holes, going to show where they were to be constructed — that is they were to be where it was necessary and pro]>er they should be. The words “ necessary man holes” would enable a civil engineer to determine where the “manholes” should be built; Sj)ringfield v. Mathus, 124 111., 89. 991. Street improvement.] All ordinance for the improvement of street, from street to street. Be it ordained by tlie city council of the city of ; Seci'ion 1. That graded, curbed and paved with wooden block pavement, said wooden blocks to be six inches long and from four to eight inches in diameter, cut from sound, live cedar posts, said blocks to be set on end, upon llooring of two-inch common hemlock plank, laid upon a bed of sand three inches deep, the spaces between the blocks to be tilled with clean, dry lake shore paving gravel, compactly rammed down by means of a paver’s tamping iron, prepared to tit the joints, so that all parts shall be thoroughly rammed, said spaces and the surface of the pavement to be flooded with a paving composition equal to Barrett & Arnold’s best quality, using not less than one and one-balf gallons to each square yard, tine rooting gravel to be swept over the entire surface so as to completely fill any spaces wliere tlie gravel ma}^ have settled, the entire surface to be again flooded with said composition, using not less than one-half gallon to each square yard, and immediately covered with fine rooting gravel to the depth of one inch ; said pave- ment to be laid to conform to the grade of said between said points. Said work to be done under the superintendence of the depart- ment of public works. Sec. 2. That said improvement shall be made and the cost thereof ]>aid for by a special assessment to be levied upon the property bene- fited thereby to the amount that the same may be legally assessed therefor, and the remainder of such cost to be paid by general taxation ; in accordance with article nine (9) of an act of the general assembly of the state of Illinois, entitled ‘‘An act to provide for the incorporation of cities and villages”, approved the tenth day of April, a. d. 1872. Sec. 3. That , and be and they are, hereby, appointed commissioners to make an estimate of the cost of said improvement, in- cluding labor, materials, and all other expenses attending the same, and the cost of making and levy the assessment therefor. 1. A city may cause a street to be graded and cause a strip in the center to be sodded — instead of graveled — and provide for payment by special assessment; Murphy r. Peoria, 119 111., 510. 2. A valid ordinance is essential to proceedings to improve a city street by special assessment; Jacks. Ry. Co. Jacksonville, 114 111., 563. 3. An ordinance for street improvement by special assessment — in part or in whole — must specify the nature, character, locality and description of the proposed Special Assessments and Taxation. 443 improvement; Jacks. Ry. Co. v. Jacksonville, 114 111., 563; Levy v. Chicago, 113 111., 652. 992 . Engineer’s estimate of the cost of street from the line of street, to line of street.] DESCRIPTION. 0 3 c /2 0 0 s Front feet. Cords of curb wall. Lin. feet of curb stone. Cubic yards of filling. Cubic yards of grading. Square yards of paving. 953- Certificate of work done by owner.] Warrant . , , 18 — . Mr. : This is to certify that the curb in front of sub-lot , lot , block , on street, has been constructed in accord- ance with city specifications. The filling . Correct. , Assistant Engineer. , Superintendent. 994 . Ordinance to improve, where property will be taken or damaged.] An ordinance for the of street, from street to street. Be it ordained by the city council of the city of : Section 1. That street, from street to street, be in accordance with the plan hereto annexed. Sec. 2. That said improvement shall be made, and the cost thereof paid for by a special assessment to be levied upon the property bene- fited thereby to the amount that the same may be legally assessed therefor, and the remainder of such cost to be paid by general taxation; in accordance with article nine (9) of an act of the general assembly of the state of Illinois, entitled ‘‘An act to provide for the incorporation of cities and villages”, approved the tenth day of April, a. d. 1872, and adopted by the common council of said city by ordinance passed — day of , A. D. 18 — Sec. 3. That the counsel to the corporation be and he is, hereby, directed to file a petition in the court of county, Illinois, in the name of the city of , praying that “ the just compensation to be made for private property to be taken or damaged for said improve- ment or purpose specified in this ordinance shall be ascertained by a i\\ Forms and Precedents. jury”, and to file a supplemental petition in accordance with the pro- visions of section fifty-three (53) of said article nine (9) [§ i§3]. 1. Seo^l33. 995. Application, to court, for assessment of damages.] State of Illinois, County of , ss. To the Honorable, tlie court of county : Your petitioner, the city of , respectfully sliows that, heretofore to wit; on the day of , a. d. 18 — , the city council of said city did pass an ordinance providing that , a certified copy of which ordinance, and of the approval thereof by the mayor of said city, is liereunto annexed and made part hereof. That the commissioners appointed, by said council, to make an estimate of the cost of the improvement contemplated by said ordinance heretofore, to wit : on the day of , a. d. 18 — , made a report to said city council (which was afterward approved by said council), estimating such cost at $ , a true copy of which report is annexed hereto, and made a part hereof. Your petitioner prays that the cost of said improvement may be as- sessed in the manner prescribed by law. , Corporation Counsel. Names of owners, occu- pants and parties hav- ing an interest in property, so far as known \o the officer tiling this petition . Known owners and parties having an interest who are non residents of the state of Illi- nois. Improvements. Part of lot of land. Sub-lot. 0 iJ State of Illinois, County of , City of , I, , city clerk of the city of , do hereby certify that the annexed and foregoing is a true and correct copy of document Ho. of and of the indorsements thereon, the same being a certain “ report and ordinance ”, on file in my office. I do further certify that the original of which the foregoing is a true copy, is intrusted to my custody for safe keeping, and is on file in my office. Witness my hand and the corporate seal of said city, this [l. s.] day of , a. d. 18 — . -, City Clerk. Special Assessments and Taxation. 415 State of Illinois, ) County of , > ss. City of , j I, , city clerk of the city of , do hereby certify tliat the annexed and foregoing is a true and correct copy of document Xo. of and of the indorsements tliereon, the same being a certain “ report and estimate of commissioners and order of approval ” thereof of the city council of said city, on tile in my office. 1 do further certify that the original, of which the foregoing is a true copy, is intrusted to my custody for safe keeping, and is on file in my office. Witness my hand and the corporate seal of said city, this [l. s.] day of , a. d. 18 — . , City Clerk. 996. Commissioners’ oath for street improvements etc.] State of Illinois, ) County of , j We, the undersigned, commissioners appointed by the court of county to assess the cost of , do solemnly swear, that we will a true and impartial assessment make of the costs of said improvement, upon the city of and the property benefited by such improvement, to the best of our ability, and according to law. I Commissioners. Sworn to and subscribed before me, | this day of , a. d. 18 — . j , Notary Public. 997. Assessment roll.] Made by the commissioners appointed by the court of county, to assess the cost of , showing a description of real estate deemed, by said commissioners, specially benefited by said contem- plated improvement and, also, showing a description of each lot, block, tract or parcel of land, and the amount assessed by said commissioners as special benefits thereto, the names of the respective owners thereof, so far as knowm,and the amount found by said commissioners as public benefit and assessed to said city of . NAME OF OWNER. Part of lot or land. Sub-lot. Lot. Block. Assessment. Dollars. Cents. Forwarded, Forms and J’kecedents. 4 li) ASSESSMENT. Dollars. Cents. Forwarded. Proportion of the total cost of the im- ])roveinent which is estimated will be of benefit to the property to be benefited by said improvement, and apportioned to and assessed upon such property. Proportion of the total cost of the im- provement which will be of benefit to the public, and assessed to the city of . Total cost of the improvement: I Commissioners. 998. Certificate for street improvement assessments etc.] , , 18 -. The undersigned, commissioners, appointed by the court of county, to assess the cost of do, hereby, certify that they have completed the foregoing assessment roll, showing a descrip- tion of the real estate by them deemed benefited by said contemplated improvement; also, showing a description of each lot, block, tract or parcel of land, and the amount assessed by them as special benefits thereto, the names of the respective owners thereof, so far as known, and the amount found by said commissioners as public benefit and assessed to said city of . That, before proceeding to make said assessment, they were duly qualified before entering upon their duties, as appears by the oath hereunto attached, that they examined the locality where the said improvement is proposed to be made and the lots, blocks, tracts and parcels of land which will be specially benefited , thereby, and did estimate what proportion of the total costs of said improvement will be of benefit to the public and what proportion thereof will be of benefit to the property to be benefited, and did apportion the same Detween the city of and such property, so that each shall bear its relative equitable proportion. The amount so estimated and apportioned to said city being the sum of $ , and the amount so estimated and apportioned to property Special Assessments and Taxation. 447 to be benefited being the sura of $ . That, having lound said amounts, they did apportion and assess tlie amount so found to be of benefit to the property, upon the several lots, blocks, tracts and parcels of land, in the proportion in which they will be severally benefited by said improvement; and, that no lot, block, tract or parcel of land has been assessed a greater amount than it will be actually benefited by said impi'ovement. Commissioners appointed by the court of county, Illinois, to make said assessment. 999. Special assessment notice — application to confirm.] Notice is, hereby, given to all persons interested, that the city council of the city of , having ordered that , in accordance with the ordinance passed , a. d., 18 — , recited in the petition of the city of , docket number of said court, the ordinance for the same being on file in the office of the city clerk, have applied to the court of county for an assessment of the cost of said improve- ment according to benefits, and an assessment thereof having been made and returned to said court, the final hearing thereon will be had at the term of said court, commencing on the — day of , A. D. 18 — . All persons desiring may then and there appear and make their defense. I Commissioners. , , A. D. 18 . 1000. Affidavit of posting notices.] State of Illinois, ) County of , f This afiiant, , being duly sworn, upon oath, says, that on the — day of , A. D. 18 — , he posted notices, of which the following is a copy, to wit : — Special assessment notice. {Here set forth notice as in § 999 ] follows, to wit : By securely affixing the same, one to the premises No. street ; one to the premises No. — street ; the said two places being in the neighborhood of said im- provement; one at the west entrance of the city hall, and one at the east entrance of , all of such places being public places in said city of . Sworn to and subscribed before me, ) this — day of , a. d. 18 — . f , Notary Public. 148 Forms and Precedents. lOOi. Certificate of publication.] State of Illinois, ) County of . j This certifies, that a notice, of which the an- nexed notice is a true copy, has been published five times in the , a daily newspaper, printed Attach a copy of assess- published in the city of , in said county, ment notice here. and that the date of the first paper containing the said published notice was the — day of , a. D. 18 — , and that the date of the last paper con- taining the same was the — day of a. d. 18—. It is further certified, that the said was, at the time of the said publication of said notice, and is now the corporation newspaper of the said city of ; and that was and is the publisher of said news- paper. In witness whereof, , publisher of said , has signed this cer- tificate this — day of , a. d. 18 — . , Publisher. 1002. Commissioner’s affidavit.] State of Illinois, ) County of , f This affiant, , being duly sworn, upon oath, says, that affiant and and were heretofore appointed by the court of county, commissioners to assess the cost of . And, that said com- missioners did cause to be sent by mail, to the owners whose premises have been assessed by said commissioners, and whose names and places of residence were known to them or either of them, the notice required by law to be sent by mail to the owners of premises assessed. A sub- stantial copy of said notice being as follows: “Mr. \here the name was inserted'] your {here a description of the premises was inserted] is assessed $ {here the amount of the assessment on the premises was inserted] for public improvement. The assessment roll will be re- turned to the term of the court of county, Illinois. {Date was here givenh] [Signed] Commissioners. Sworn to and subscribed before me, ) this — day of , a. d. 18 — . f , Notary Public. 1. Notice of application to confirm a special assessment for local improvement must be sent to each owner whose name and residence are known by any one of the com- missioners. Affidavit of mailing by one commissioner to such as he knew is not enough; Murphy v. Peoria, 119 111., 510. Special Assessments and Taxation.' 449 2. It is presumed, in tlie absence of evidence to the contrary, that commissioners to make special assessments have performed their duty as to notices to property owners; Brown v. Chicago, 117 111., 23. 3. Owners of property specially assessed for local improvements, by appearing and filing objections waive any and all objections to the notice of application to confirm; Murphy v. Peoria, 119 111., 510. 1003. Special assessment voucher (in duplicate) to contractor.] Wurrant No. . , , 18 — . City of . To , Dr. For the department of public works. Correct. Superintendent. Approved in duplicate by , Commissioner. 1004. Abatement voucher.] Warrant No. — . , ,18 — . City of . To , Dr* For abatement on account of special assessment levied on Sub-lot lot Block For curbing and filling on warrant for Curbing, filing and paving street. Approved by ^ Commissioner. 1005. Contract for work — special assessment.] This agreement, made and concluded this — day of — ^ — , a. d., 18 — , between , party of the first part, and the city of of the second part : Witnesseth, that the said party of the first part, for and in considera- tion of the payments to be to made by the city of , as hereinafter set forth, hereby covenant and agree to . Said work to be done in accordance with plans prepared fordoing of the same, on file in the office of the department of public works of said city and with the specifications appended hereto and made a part of this con- tract ; said work to be commenced on or before the day of , A. D. 18 — , to progress regularly and uninterruptedly after it shall have been begun, excepting as shall be otherwise ordered by said depart- ment, and be finished and fully completed on or before the day Forms aniFPrecedents.> 4f)0 1 of , A. I). 18 — , tlic lime of coinmonceinent, rate of progress, and time; of completion l)eing essential conditions of this contract. All the work shall he executed in the best and most workmanlike manner, and no iiri])ro[)er material shall be used, but all materials of every kind shall fully answer the speciKcatious, or, if not particularly specilied, shall be suitable for the place where used. Should the commissioner of public works deem it ])roper or neces- sary, in the execution of the work, to iriake any alterations which shall increase or diminish the expense, such alteration shall not vitiate or annul the contract or agreement hereby entered into, but the said commissioner shall determine the value of the work so added or omit- ted, such value to be added to or deducted from the contract price, as the case may be. The whole of the work shall be commenced and carried on when and where the commissioner of public works shall direct, and it shall, also, be carried on regularly, so as to give the necessary time for each part to settle and harden and, also, for other purposes as the commis- sioner may require. In case the commissioner of public works shall think that this is not sufficiently heeded, he may order more men to be emjdoyed on the work; and, if he shall think the work proceeding too rapidly, he may order the employment of a less number of men. Should the weather be unusually wet, or so cold and frosty that any part of the work can not be done in a proper manner, or with due re- gard to durability, or should such be the case from any other cause, then the commissioner of public works may order such part of the work to be suspended altogether until a more suitable season, in which case the part of the first part will cover and otherwise sufficiently protect tlie several parts of the work, so that they will not be injured by the weather. The said part of the first part hereby covenant and agree that, if in the prosecution of said work it shall be necessary to dig up, use or occupy any street, alley, highway or public grounds of said city, to erect and maintain such strong and suitable barriers and, also, during the night time, such lights as will effectually prevent the happening of any accident, or harm to life, limb, or property, in consequence of such digging up, use or occupancy of said street, alley, highway or public grounds ; and it is further covenanted and^ agreed, that the said part of the first part shall be liable for all damages occasioned by the digging up, use or occupancy of any street, alley, highway, or public grounds, or which may result therefrom, or which may result from the carelessness of such contractor, his or their agents, employes or workmen. This agreement shall not be assigned, nor any part of the work sul)- contracted, without the written consent of the commissioner of public works indorsed hereon ; and in no case shall such consent I’clieve the part of the first part, from the obligations herein entered into by the same, or change the terms of this agreement. Special Assessments and Taxation. 451 It is hereby provided and agreed that the said work sliall be prose- cuted witli such force as the commissioner of public works shall deem aTleipiate to its completion within the time specified and if, at any time, the said part of the first part shall refuse or neglect to prose- cute the work with a force sufficient, in tli^e opinion of said commis- sioner, for its completion within said specilied time, or if, in any event the said part of the first part shall fail to proceed with the work in accordance with the requirements and conditions of this agreement, that the said city, by its commissioner of public works, shall have full riglit and authority to take the work out of the hands of the said part of the first part, and to employ other workmen to complete the unfin- ished work, and to deduct the expense thereof from any money that may be due and owing to said part of the first part on account of the work, or to re-let the same to other contractors, as provided for herein- after. And the said part of the first part covenant and agree to perform all of said work under the immediate direction and superintendence of the commissioner of public works of the city of , and to his entire satisfaction, approval and acceptance. All material used, and all labor performed, shall be subject to the inspection and the approval or rejec- tion of said commissioner, and the said city of hereby reserves to its commissioner of public works the right to finally decide all questions arising as to the proper performance of said work, and as to whether the rate of progress thereon is such as to correspond with the condi- tions of this contract; and if the said work shall not be begun at the time herein stipulated, or if the rate at which said work shall be per- formed shall not, in the judgment of said commissioner, be such as to insure its progress and completion in the time and manner herein stip- ulated, or if said work shall be wholly or in part improperly con- structed, then to declare this contract forfeited, either as to a portion or the whole of said work, and to re-let the same, or to order the entire reconstruction of said work if improperly done ; and, in such case of default, or in any case of default, to adjust the difference of damage or price (if any there be) which, according to the just and reasonable in terpretation of the contract, the said contractor should, in the opinion of said commissioner, pay to the said city for any failure to properly commence and prosecute, or to properly construct said work, in all re- spects, according to the conditions hereinbefore specified, or for any other default ; and it is, hereby, understood and agreed, that for any amount of damage or price determined by said commissioner to be paid to said city by said contractor for any such default, or for any money paid out by said city on account of said contractor in consequence of any default, there shall be applied in payment thereof a like amount of any mone}^ that may be due and owing to said part of the first part, on account of said work, so far as there may be any such money, and so far as the same shall be sufficient; and if there shall not be a sufficient amount retained from the said party of the first part, then and in such case the amount to be paid to the said city in consequence Forms and Precedents. 452 of siicli default sliall be a just claim against said contractor , and be recovered from at law, in the name of the city, before any court of com])etent jurisdiction. In case the said commissioner of public works shall deem it neces- sary to declare any j)ortion or section of said work forfeited, it is, hereby, ex])ressly stipulated and understood that such declaration or forfeiture shall iiot in any way relieve the contractor from the cove- nants iind conditions of this contract, but the same shall be and remain valid and binding on said contractor . And, it is understood and agreed that no claim whatever will be made by the said part of the first part for extra work or material, or for a greater amount of money than is herein stipulated to be paid, unless some changes in, or additions to, said work, requiring additional outlay by the said part of the first part, shall first have been ordered, in writing, by the said commissioner of public works. It is understood and agreed that the said part of the first part shall keep and maintain the said pavement in good order and condition, ordinary wear and tear excepted, for the period of years from the completion and acceptance of the work, which keeping and maintain- ing shall include repairs, the necessity of which may be occasioned by depressions or unevenness in the pavement arising from faulty material or workmanship, or any other cause whatever; provided, however, the party of the first part shall not be required to repair any part of said pavement which, after its completion and acceptance, shall have been removed for the purpose of laying or repairing any gas, sewer or other pipe. The said party of the second part, for the purpose of securing the performance by said first part of the said undertaking to keep and maintain said pavement in good order and condition, as aforesaid, shall, upon the completion and acceptance of the said work, retain from the price herein agreed to be paid therefor the sum of cents for each and every square yard of said pavement, and if the said first part shall not within days after notice so to do, from the com- missioner of public works or other proper officer or department of said city, proceed to make such repairs as are herein agreed to be made, the said city may immediately cause said repairs to be made, and pay the cost thereof from any money of the said first part in its possession. At the end of the first year from the completion and acceptance of the work, if said pavement shall be in good order and condition, as aforesaid, the said city of will pay to the part of the first part the one part of the money which shall have been retained, as aforesaid, less the amount which said city may have expended for repairs, as aforesaid, and a like proportion of said amount upon the same conditions and with like deduction at the end of each succeeding year till the whole shall be paid. It is understood and agreed that the said money to be retained as aforesaid shall be deemed only as security additional to the bond of said first part executed to secure the per- formance by said first part of this agreement, and that the liability Special Assessments and Taxation. 453 •of said first part and his sureties on said bond shall be the same as if no money should be retained as aforesaid. The said city of , hereby, covenants and agrees, in consideration of the covenants and agreements in this contract specified, to be kept and performed by the said part of the first part, to pay to said part of the first part, when this contract shall be wholly carried out and completed on the part of said contractor , and when said work shall have been accepted by said commissioner of public works, and when also the special assessment or assessments levied, or to be levied for the same, shall be collected . In case the city of should become the purchaser of any special assessment certificate at any sale for the delinquent special assessments, in default of other bidders, such purchase shall not be deemed a col- lection of such special assessment, and no act of the city done or suf- fered, shall be construed as a collection of any special assessment or part thereof, until the- money due thereon shall be actually paid in to the city treasury. It is further agreed, that in case the said contractor or contractors shall abandon or in any way or manner fail to complete said work, the city of is, hereby, authorized and empowered to pay to any laborer or laborers who may have been employed by such contractor or con- tractors upon the above described work, out of the funds due said contractor or contractors, upon the estimates of the commissioner of public works, at the time said commissioner shall declare said contract forfeited, any and all sums of money which may be found to be due and owing to such contractor or contractors under this contract, and without giving any notice whatsoever to said contractor or contractors of the intention so to do. And, in every such case, the city comptroller is, hereby, authorized and empowered, to ascertain the amount or amounts so due and owing to any such laborer or laborers, from said contractor or contractors, in such manner and upon such proof as he may deem sufiicient, and without giving any notice of such proceedings to said contractor or contractors. And the amount, or amounts, so found by him to be due and owing to such laborer or laborers, shall be final and conclusive as against said contractor or contractors, and may thereafter be paid over by said city to such laborer or laborers. And, no estimate will be issued to said contractor or contractors until all claims for labor on this contract shall have been satisfied, said sums of money being payable out of the proceeds of the special assessment levied, and out of the proceeds of any special assessment which shall hereafter be levied, for said improvement and, also, from the general fund of said city, as assessed or to be assessed against said city, as its relative equitable proportion of the estimated cost of said improvement, the proportion to be paid by said city of the amount assessed, or to be assessed against said city, being the proportion which the whole amount assessed, or to be assessed, bears, or shall bear, to the actual cost of said improvement ; the said part of the first part agreeing, hereby, to Forms and Precedents. 454 iiKike no claim against said city, in any event, except from tlie collec- tions of the 8})ecial assessment made or to be made for the said improve- ment, and to take all risk of the invalidity of any such special assess- ments, the said party of the second part not to be liable, in any event, by reason of the invalidity of special assessments, or any of them, or of the ])roceedings therein, or for failure to collect the same. It is, also, agreed by said city that, if the rate of progress shall be satisfactory to said commissioner of ])ublic works, and when it shall appear that all claims for labor as aforesaid shall have been satisfied, estimates will be issued to said part of the first part, during the mak- ing of said improvement, for per cent, of the value of the work done and in place at the time of issuing such estimates, and estimates for the remainder, less the amount reserved, as hereinbefore provided, will be issued upon the final completion and acceptance of said work. It is, also, understood and agreed that there shall be reserved by said city any excess of the assessments levied for said improvements over and above actual cost, so that the same may be rebated to property owners when the actual cost shall be ascertained ; and that said esti- mates will accordingly be paid fully only when the assessment or as- sessments levied, and which may hereafter be levied, for said improve- ment, shall be wholly collected ; so that the aggregate of all payments to be made on all vouchers and estimates on account of said improve- ments, issued prior to the full collection of said assessment, together with the amount of said excess of assessment to be rebated to property owners, shall not exceed the full amount of cash collections in the treasury of said city to the credit of said assessment fund. In testimony whereof, the said part of the first part ha hereto set hand and seal , and the said city of has caused this agree- ment to be signed by its commissioner of public works, countersigned by its comptroller, and approved by its mayor, the day and year first above written. [L. S.] [l. 6.J ^ [L. S.'J , Commissioner of Public Works. Countersigned, , Comptroller. Approved, , Mayor. 8. ORGANIZATION OF VILLAGES. Section. Section. 1006. Petition to submit question of re- 1008. Notice of election. organization of a town. 1009. Petition for new organization. 1007. Record entry of order of submis- sion. Organization of Villages. 455 1006. Petition to submit the question of re-organization of a town as a village.] To the president and trustees of the town of : The undersigned, thirty voters in the said town of do, respect- fully, petition you to submit to the legal voters thereof, the question whether such town will become organized, as a village, under the act of the general assembly of the state of Illinois, approved April 10, 1872, entitled ‘‘ An act to provide for the incorporation of cities and villages”, and the amendments thereto. And your petitioners will ever pray etc. 1007. Record entry of order of submission.] Whereas, the petition of , and others {specify the num- her of others\ legal voters in the town of , has this day been pre- sented to the president and trustees of said town, praying that the ques- tion whether said town wdll become organized, as a village, under the act of the general assembly of the state of Illinois, approved April 10, 1872, entitled “An act to provide for the incorporation of cities and villages’’ and the amendments thereto be submitted to the legal voters thereof. It is, therefore, ordered, that the said question be submitted accordingly and that, for that purpose, an election be held in said town on the — day of , 18 — , at , and that , and are, hereby, appointed judges to hold such election. 1008. Notice of election.] Public notice is, hereby, given that in accordance with a petition, for that purpose, of thirty voters and of the order thereon made, an election will be held in the town of , on the — day of , 18 — , at , at which a vote of the legal voters will be taken on the ques- tion whether said town will become organized, as a village, under the act of the general assembly of the state of Illinois, approved April 10, 1872, entitled “an act to provide for the incorporation of cities and villages ” and the amendments thereto. Dated this — day of , 18 — . , President. I Trustees. 1009. Petition to county judge for new organization.] To the honorable the county judge of county : The undersigned, thirty legal voters resident within the limits of the contiguous territory, hereinafter fully described, situated in the said county of , not exceeding in area two square miles and which 55 450 Forms and Preced?:nts. has tliereon a population of at least three Imiidred inhabitants to wit : a po})ulation of inhabitants, and which territory is not included within the limits of any incorporated town, village or city, to wit: \ describe the territory with accuracy and definitely^ respectfully show unto your honor that it is desired that said territory may become incor- porated as a village under the act of the general assembly of the state of Illinois, ap|)roved April 10, 1872, entitled “An act to provide for the incorporation of cities and villages’’ and the amendments thereto, and that the name proposed for said village is . Your petitioners, therefore, pray that the question may be submitted to the voters of such proposed village whether they will organize, as a village, under the act of the general assembly aforesaid. And your petitioners will ever pray etc. INDEX A. Acknowledgment sec. Of all official bonds required 654 Effect thereof, as evidence 654 Of town plats, additions to or sub- divisions of, required 682 Effect of 681 Of vacation of plat, etc 684 Form. Certificate of, to officer’s bond 654 Advertisements Publication, see. Exhibition on streets; power to regulate ... .cl. 18, 65 Affirmation Oath, see. Affray Power to prevent and suppress, cl. 72, 65 Agricultural College, etc. Exemption from taxation . . .cl. 10, 757 Alderman On organization as city, may be elected on general ticket 7 A member of council 30 Number of, in council 31 Term of office 32 Vacancy in office, filled by election. 33 Qualifications of 34, 84 Conviction of bribery vacates office. 36 86, 664 Disorderly conduct; council punish or expel 36 Interest in contract, etc., prohib- ited 664, 908 Compelling attendance of 37 Three may call special meeting of council 46 Power to pass ordinance over veto . . 47 One elected annually for each ward. 54 At first election, classified 55 Minority representation 56-8 No quorum in office, may call spec- ial election when 63 Council canvass election returns. . . 60 Alderman — Continued. sec. Not hold any other city office. . .87, 663 Penalty, for malfeasance 665 Conservator of the peace 90 Compensation of 94 Aliens Employment in public service, etc., prohibited 228 on work of sanitary district 328 Employes on public work must show citizenship or declaration to become 229 Public money on contract paid to alien, liability of disburser . . . . 230 Alien employe on public work, dis- charge of 232 Failure to take out final papers 233 Not appointed special police, .cl. 68, 65 Alley Streets, see. Amusements Power to license, tax, regulate, etc cl. 41, 65 to regulate places of cl. 58, 65 to prevent and regulate on streets cl. 92, 65 Form. License to maintain 965 Animals Dogs; Horses; Pig-sty, see.^ Power to restrain and prohibit, run- ning at large cl. 80, 65 Certain male, not to run at large. . 234 Restraint of the same, taking up and redemption 235 Male animal at large, penalty 236 when an estray 237 Domestic at large; prohibition 237a Regulation of speed on streets, cl. 21, 65 Power to prohibit and punish cru- elty to cl. 73, 65 Jurisdiction of injury to, by rail- road cl. 26, 65 Annexation of Territory Number of Aldermen 31 458 Index. Annexing and Excluding bec. Territory 238-265 Annexation of adjoining city, etc., procedure, election, result 238 of part of city, etc 238 of the whole or j)art 240 Assumption of debts and liabilities. 241 Annual tax levy, include annexed lands 242 Taxes; collection not stayed by an- nexation 243 proceeds, how applied 243 Pending actions, prosecution and defense of 244 Parts of city annexed — debt; pub- lic i)roperty 245 annual tax levy 246 Streets, improvement or opening not delayed 247-8 Water works; light 249 Disputed matters — settlement of . . . 250 Public records and papers; transfer 251 Otlicers, in detached portions, hold over 252 Justices of peace 253 Police magistrate 253 Police and firemen created officers of annexing municipality 254 Dram shops — prior prohibition — election as to licensing. 255 Wards, how constituted 256 Representation in council 256 Sew'erage and drainage district, how created 257 Annexation of towns 258 pleasure driveway and park dis- trict, annexing adjoining terri- tory 673j School inspectors, powers over an- nexed territory 862 Disconnecting territory, how 260 Lands not laid out into lots or blocks, by council or trustees.. 261 ordinance required, record of. ..261-2 taxation for prior debt 261 Lands on border, within town, in county court 265a elections 265a taxation; levy and use 265c. f debts and property 265d improvements not stayed 265g sewer, water works or light sys- tem 265h officers, vacancies, when 265i school district etc. not altered 265j Appeal From clerk or comptroller, on set- tlement of accounts 119 justice, etc., returnable to city court 291 Lies to supreme from city court. . . 297 Appeal — C ontinued. sec. From judgment condemning prop- erty 682 adding to or erasing name from election register 401 on contest ot election 543 Apprentice Power to prohibit sale of liquor to, cl. 48, 65 Appropriations Council make for corporate pur- poses only cl. 2, 65 Yea and nay vote required 42 Ordinance, when passed 100, 122 No contract without prior 102 Ordinance include appropriation of territory annexed 241 may fix compensation of officers. 96 Driveway and park district 673f Hospital fund. 604c Improvement by general tax 146 House of correction 607 Library building 549a Form. Ordinance making 976 Areas Power to regulate construction, re- pair and use cl. 57, 65 Arrest Constable or sheriff may make 73 Prisoner, conveyance of 92a Forms. Complaint, violation of ordinance. 953 Warrant for arrest 945 disorderly conduct 956, 958 Indorsement special bail 956 Ashes Prevention of deposit on sts. .cl. 15, 65 Ass Running at large, prohibited 237a Assembly, Public Disorderly Assembly, see. Peaceable, a right p. 3 Assessment Special Assessments ; Tax and Taxation, see. Attorney City Attorney; State’s Attor- ney, see. Recovery of fees by, from sanitary district, when . 336 Auctioneers Power to tax and regulate . . .cl. 91, 65 Auditor of State Annexing of territory, report to and duty 241 Town, division of, report to and duty 265e Registration of municipal bonds. . . 734 Index. 459 Awnings sec. Regulation of, on streets .... cl. 17, 65 B. Ball Alley Power to license, regulate, tax or prohibit cl. 44, 65 Ball Playing Power to prevent and regulate, on streets . cl. 92, 65 Ballot Elections, see . Bank For city deposits, give bond 107 Banners Exhibition of, regulation of. ..cl. 19, 65 Bawdy House Power to suppress cl. 45, 65 Bell Railroad, prescribed and use of . . . 743 Benzine Power to regulate and prevent stor- age of cl. 65, 65 Billiards Power to license, regulate, tax or prohibit tables cl. 44, 65 Bill Posting Regulate, on streets cl, 17, 65 Blacksmith Shop Power to locate and regulate . . .cl. 82, 65 Boar Not to run at large 234-237 Board of Election Commis- sioners Elections, see . Board of Health Power to appoint, and prescribe duties of cl. 76, 65 Boilers Steam Boilers, see . Power to prevent dangerous con- structiou of cl. 63, 65 Bonds Railroad aid and other bonds, see 729-741 Municipal, council issue for money borrowed cl. 5, 65 Issue to meet maturing or fund debt cl, 6, 65 Assumption of debt on, on annexa- tion of territory 241 Who to execute 741 Issue of, to prevent inundation . . 306 Payment of such bonds 307 Bonds— Continued. sec. Rights of bond holders 311 Issue, for improvements in sani- tary districts 326 Issue of, in anticipation of taxes. 332 Registration of municipal 734-738 Auditor of state; duties as to. 734-739 Improvement; instalments of assessments 197a Park existing, for improvement, 678a Water supply, assessment instal- ments 915 Forms. Indorsement by land owner on drainage etc 300 Improvements; instalments of cost, .. 197b Official; acknowledgment of 654 Effect as evidence 654 Of election commissioners 369 Of officers of house of correction. . . 621 Of oil inspector 667 Of treasurer as to police and fire- man’s fund 691 Police magistrates to give 224 Village trustees prescribe, as to officers 219 New or additional may be required, when 654 Sureties on, released when 655-656 New bond; effect of 656 Sureties on, take effects of prin- cipal, when 657 Suit on, how brought 658 Execution on judgment 659 Forms. Ordinance fixing amount of 970 Of city officer 971 Certificate of acknowledgment. . . . 654 Indemnity; on payment to use pri- vate property; use of premises condemned on bond 583 Indorsement for persons under dis- ability for damage 309 For costs, in suit to recover penalty on injury to bridge .etc 812 City deposits; by bank receiving 107 Saloon keepers 653 Forms. For licenses to do business 961 for grocery 962 for saloon 963 Bone Factory Power to locate and regulate, .cl. 81, 65 Bonfires Power to regulate and prevent build- ing of cl. 65, 65 Boulevard Parks, Streets, see . Boundary Jurisdiction over waters 74-76 Index. Bread PEC. Power to regulate sale of cl. 52, 65 Brewer Power to tax and regulate. . . .cl. 91, 05 Brewery Power to locate and regulate. ..cl. 82, 65 Bribery Conviction of, disqualifies for office, p. 3 Alderman convicted of; office va- cated 36, 86, 664 Penalty 86 Brick Power to regulate inspection of etc., cl. 54, 65 Bridewell House op Correction, see. Establish, erect and regulate, .cl. 69, 65 Detention of defendants in 292 To be known as house of correction. 619 Bridge Ferries and Bridges; Roads, see. Power to construct, repair and regu- late use cl. 28, 65 to regulate opening and passing of cL 38, 65 license and regulate or acquire. . 592 Fast driving on; penalty 595 Injury to. .. . 811-812 Duty at railroad crossing 749 Broker Power to tax, license and regulate, cl. 91, 65 Bull Not to run at large 234-237 Business Power to forbid offensive or un- wholesome cl. 83, 65 Forms. Bond for license to conduct 961 License to conduct 964 Butter Power to regulate sales cl. 50, 65 to provide for inspection of . . cl. 53, 65 C. Cable Railway Pre-requisite of grant of way, on streets ch. 90, 65 Cabmen Power to license, tax and regulate, cl. 42, 65 Calaboose Power to establish, erect and regu- late cl. 69, 65 Canals sec. Power to cleanse, etc cl. 40, 65 Canals and Slips Power to cetition, only cl. 00, 65 Riots, sujipress cl. 72, 65 Si'iHiTUOUS LUiUOHS; regulate and license sale of cl. 46-8, 65 Permit, druggist to sell 650 Incense, dram shops 650-652 Steam boilers; inspect cl. 67, 65 Examination, licensing and reg- ulation of engineers 65 Streets, wharves, grounds etc.; lay out, alter, grade, improve etc cl. 7, 65 vacation of; f majority of all mem- bers elective required 877 Require inhabitants to labor on. 77 Plant trees on cl. 8, 65 Regulate use cl. 0, 65 Prevent and remove encroach- ments or obstructions on. .cl. 10, 65 Prevent hoop trundling, ball playing etc. on cl. 92, 65 Provide for lighting streets etc. cl. 11, 65 cleansing streets etc cl. 12, 65 Regulate openings for gas, water, sewers, tunnels, drains and erecting gas lights cl. 13, 65 Construct culverts, drains, sewers and cesspools cl. 29, 65 Drainage improvement ordered; duty as to 5 survey and assessment 305 improvement ordered only by ordinance 310 Of Chicago, organized as drainage district 312 diversion of waters of Des Plaines river 313 To contract between cities etc. for sewerage 347 Power to construct drainage works 348 Regulate use of sidewalks and space beneath cl. 14, 65 Construct sidewalks by special taxation 871-6 Regulate and prevent throwing etc. offensive matter on to or injury to cl. 15, 65 Provide and regulate cross walks, curbs and gutters cl. 16, 65 Regulate street etc. signs, posts, awnings, bill posting etc. .cl. 17, 65 Regulate banners, placards etc., cl. 18, 65 Prevent flag or sign flying .cl. 19, 65 City Council — Continued. sec. Regulate traffic and sale on.. cl. 20, 65 Regulate speed of animals, ve- hicles and locomotives. . .cl. 21, 65 Regulate house numbers. . .cl. 22, 65 Name streets cl. 22, 65 Construct bridges, viaducts and tunnels cl. 28, 65 Cede for pleasure drives 886 Grant use of, for elevated rail- ways, when 890-1 Regulate and permit horse rail- ways cl. 23, 65 Change location and grade of rail- road crossings cl. 24, 65 Powers as to railroad companies, cl. 26-7, 65 Supplies; provide to contract for, cl. 94, 65 Tax; levy, mode of 122 limit of 122 appropriation ordinance 122 Vagrants, beggars and prostitutes, punish cl. 74, 65 Vaults, pumps, sewers, gutters and areas, regulate cl. 57, 65 Water; make rules and assess water rates for 911 Water Courses; widen, dock, cover or change cl. 30, 65 And private ponds, cleanse and All cl. 40, 65 Waters; construct canals or slips, cl. 31, 65 Docks, wharves and levees, con- struct and regulate cl. 32, 65 Anchorage etc. of water craft, control cl. 33, 65 Tugs, license and regulate. .cl. 34. 65 Wharfage, fix rates of cl. 35, 65 Wharfage, collect cl. 37, 65 Harbor and bridges, regulate use of cl. 38, 65 Harbor masters, appoint cl. 39, 65 Weights and Measures; inspect and seal cl. 55, 65 Forms. Rules and order of business 934 shorter form 935 Notice of special meeting 936 Ordinance as to absentees 937 regulating time of meeting 938 adjourning regular meeting . . . 939 substituting day for regular meet- ing 940 Journal of proceedings 941 City Courts 280-303 Style of 280 Jurisdiction and practice prescribed. 280 as to compulsory education 861 Seal of and payment for 281 Index. 467 City Courts — Continued. sec. Place of holding, how appointed; changed when 282 Stationery for use, city provide . . . 283 Judge, qualification, election, term, Judges may interchange inter sese and with circuit judge 283 Clerk; election, term, fees, vacancy. 286 301 pro tern., when 286 Sheriff; duties as in circuit court. . 287 State’s attorney; duties of 287 pro tern., when 287 Master in chancery; appointment, powers and term 288 Terms of court — regular and special. 289 Adjournments 290 Appeals from justices — certiorari. 291 Recognizances, except when re- turnable to 292 Change of venue 293 Writs, orders, judgment etc. lien of 294 Transcript book in circuit court. . . 295 fees, in circuit court 296 Appeal or error; to supreme court. 297 Jurors’ fees; how paid 298 Prior city courts continued 299 Courts, how established or discon- tinued 300 Salary of judge fixed 302 of state’s attorney 303 City Deposits In bank, bond for 107 City Marshal Council may provide for the office. 80 prescribe his duties 80 Powers as of constable 80 A conservator of the peace 90 Prisoner, conveyance of 92a Sanitary district police, subject to. 344a City Prison House of Correction, nee . Detention of defendants in 292 City Register Office abolished 14 City Treasurer Elective officer 79 Elected biennially 52 Not his own successor 52 Bond of . 82 Oath of 82 Not hold any other city office 87 Receive all corporate funds 103 Books etc. open to inspection 103 Separate account of each fund 104 Deliver receipt to person paying. . . 105 City Treasurer — Continued. sec. Monthly report 106 Register of payments 106 Deposit of funds...., 107 Removal from Office, when 107 His annual report 108 Pay money, only, on warrant 109 Special assessment fund separate. . . 110 Bonds; special assessment, deposi- tary of cancelled 197d Hospital fund, depositary of 604g Patient’s payments, depositary of. . 604i Library fund keep separate 642 Fines etc., payment to 70 Taxes collected in annexed terri- tory, paid to 243, 246 Pay fees of jurors in city courts. . . 298 Payment to alien employe 230 County treasurer pay over taxes col- lected weekly 126 Council may proscribe other duties. 118 Appeal to finance committee, as to settlements 119 May appoint subordinates, wffien.. . 120 Custodian of police and fireman’s fund 689-90 A trustee of the fund 689 Bond, as custodian of the fund 691 Set apart certain moneys, for police etc. fund 688 Receive and pay over moneys for police etc. fund 697 Payment from police and fireman’s fund 695 A comm’rof police pension fund. .. 698 Set apart certain moneys received, for fireman’s pension 700 A trustee of fireman’s pension fund. 710 Forms. Warrant, drawn on 978 Annual report 977 Clerk of Circuit Court Keep record of transcripts of judg- ments of city court 295 Transcript fees 296 Clerk of City Court Court established; election of 301 Election, duties, fees 286 Court disestablished; transfer of records 300 Issue certificates to jurors 298 Transcript of judgment, fees 296 Clerk of Court Duty as to proceedings to condemn property 576 Coal Power to inspect and weigh. . .cl. 54, 65 Coal Oil Power to regulate and prevent stor- age of cl. 65, 65 ky' - 1 4C)8 Index. Cock Fights 8EC. Power to prevent cl. 69, 65 Compensation ilMiNENT Domain, see . On tiikint? private property 571, 579 payment, entry 580 Of mayor, fixed by council 93 Of alclermCn and trustees 94 Of ollicers, fixed by ordinance 95 a[)propriation ordinance 96 Of oflicers, limited 97 Collection of special assessments. . . 173 Council fix, of revisor of ordinances. 29 Ollicers and eini)loyes of board of education 885 Driveway and j)ark district, presi- dent and trustees, none 673d Officers & employes, trustees, fix. 673d Hospital directors, none .604f officers & assistants, directors fix.604g School officers, certain receive none 851 employes, city not over 100.000,. 862 Of officers and employes of house of correction 607 None to inspection of house of cor- rection 608 Of matron and teachers in house of shelter 616 Of superintendent of house of cor- rection 620 Of election officers 473-8 registration officers 495 Of judge of city court 302 Of master in chancery of city court. 288 Of state’s attorney in city court 303 Of officers, in sanitary districts 321 Of inspectors of sanitary channel. . 344 Of village officers, ordinance to fix. 219 President of village trustees 217 Alien employe forfeits 231 Concealed Weapons Fines for carrying, applied 697 Conservator of Peace Mayor’s powers as 22 Certain officers declared to be 90 Constable Village Constable, see . Election of . : p. 6 Reside in district of election p. 6 May serve process or arrest 73 non resident not made special.cl.68, 65 Arrest for fast driving on bridge. . .695 Prisoner, conveyance of 92a Remove obstructions from view of ballot box 421 Constitution Arrest and detention p. 1 Penalty — grade of p. 1 Eminent domain p. 1 Public assembly p. 3 CoNSTfTUTiON — Continued. sec. Office — disqualification for p. 3 State aid prohibited p. 3 Legislation — special and local p, 3 Obligations — release of, prohibited.. p. 4 Officer — his term not extended p. 4 Drainage p. 4 Officers, oath of p. 5 .Judicial j)owers p. 5 .Justices of the peace p. 6 .Justices in Cliicago city p. 6 Officers, residence , and compensa- tion p. 6 Suffrage, right of p. 7 Vote, by ballot p. 7 Electors, privileges of p. 7 Electors, persons excluded p. 7 Officers, persons excluded p. 7 Church or sectarian purpose, aid to, prohibited p. 7 School officers, interest in con- tracts .p. 8 Taxation, exemption from p. 8 Taxes, release from prohibited. . . ..p. 8 Taxation, municipal p. 8 Special assessment p. 8 Taxation, by state for municipal purposes p. 10 Officers, municipal — eligibility and compensation p. 10 Indebtedness, municipal, limited, .p. 10 Railroads, use of streets for p. 12 Warehousemen, duties of. in cities.p. 12 Corporations, municipal aid to, pro- hibited p. 12 Contract General power of city to 10 Supplies to be furnished by . .cl. 94, 65 Officer to have no interest in, of city or village 85 School officer to have no interest in..p. 8 No liability without prior appropri- ation 102 Payable from special assessments, paid only so 179 To construct water works, how let. 908 For sewerage and drainage, how let 238 For water supply, between cities etc 243-4 Sewerage between cities etc 346-7 Form. Improvement by special assess- ment 1005 Contractor Employment of alien prohibited. 228, 528 Ascertain as to non alienage of em- ploye 229 False certificate of non alienage, contract avoided and wages for- feited 231 Index. 4C9 Contractor— Continued. sec. Alien employed ; on discovery dis- charge 232 Form. Release, to city, on work done by special assessment 193 Conversion Fraudulent ; punishment n. 1. 107 Corporation State aid to, prohibited .p. 3 Municipality not subscribe or aid. .p. 12 No release of obligation to, by state. . p. 4 Corporation Counsel Council may create office 80 Cotton Power to provide to inspect, .cl, 53, 65 regulate and prevent storage of cl. 65, 65 County Exemption from taxation cl. 6, 757 Pay expenses of election to adopt election law 352 Location of dummy etc. railroad in, consent of authorities essential. 603 subject to police power 604 Fire escapes, compel erection of. 596-9 May use house of correction, when. 612 Bridge, may assist city to acquire 593a County Board Not issue liquor license in city etc. 651 Registration verification list, use in making jury list 396 County Clerk Publication, notice of election to annex territory .. 238-9 Non extension of tax on indebted- ness of territory annexed 241 Certify annexation of territory to state auditor 245 Town, division of, procedure as to division of debt and property . . Duties as to adoption of election law. 352 Transfer election records etc. to commissioners, when 369 Extend tax levy on county collect- or’s books 122 Extend tax levy of sanitary district. 329 Sales for special assessments, re- turned to. 171 redemption through 171 County Collector Collect municipal taxes 125 Pay over weekly 126 Delinquent special assessments, re- turned to 169 County Collector — Continued. sec. Application for judgment.. 170 Return of sales to county clerk 171 Sanitary (drain) improvement by instalments, return to 331 Compensation, collecting special as- sessments 173 County Court Special Assessment ; Special Taxation, see . Petition, to organize as a city 5 Judge fix time and place for elec- tion 5 appoint judges of election, ... 5 give notice of election 5 Result of election, return to 5 Canvass of votes 5 Territory organized as city, judge call election for officers 8 Organization of territory as village; procedure 212 Procedure in, for annexing city, etc. 238 part of city, etc 239 Submission of question of annexing city etc. in wliole or part 240 Jurisdiction, on annexation of terri- tory as to debts etc 245 as to water works and light 249 of disputes 250 Town, division of, creating two. . 265a and procedure ; eminent domain, 572-80 Improvement ; assessment and col- lection of costs etc 151-78 precedence of cases 162 Jurisdiction as to damage of right of way for drainage 317 as to drainage for sanitary pur- poses 318-9 Appoint oil inspector, when , 666 Pleasure driveways and park dis- trict, incorporation 673a Adoption of election law, petition. 381 Give notice of election . 382 Judge of, canvass return 360 Appoint election commissioners... 366 Administer oath to election comm’rs. 369 Pass on appointment of judges and clerks of election 373 Registration, neglects of clerks. . 395 , 'Appeal from the judgment 401 Court review registration, erase from or admit to 400, 403, 412 Form. Record of result of election to or- ganize contiguous territory 930 County Recorder Duty on vacation etc. of town etc. plat 686 Index. 470 County Treasurer sk<;. On condemnation of private property, payment to, may be ordered .... 584 Courts (generally) Shall sentence to imprisonment in hous(! of correction. G13 Crime Infamous Crime, see . Conviction of etc. forfeits police pension 704 Culverts I'ower to construct, repair and reg- ulate use cl. 29, 65 D. Deaths Report of, to election comm’rs 382 Duty of board as to 383 Debt Limitation on municipal, p. 12.. . cl. 5, 65 Bonds, issue to fund cl. 6, 65 Dedication Recording of plat of town etc. as. . 681 Deed To convey property sold by city etc. execution of 815 Defaulter Not eligible to municipal oflSce . . .p. 10 to office 84 Definitions “Election” 469 “ Householder ” 465 “ Public warehouse ” p. 12 “ Legislative authority ” 624 Des Plaines River Power to divert flood waters of. ..313-4 Capacity of channel 340 Channel in to, when navigable. . . . 341 use and increase of 342 Disconnected Territory Organization as village. ...... .207-226 Disconnecting Territory Procedure to disconnect 261 Recording ordinance for 262 Lands not laid into lots or blocks, by council or trustees 261 Lands on town border, as new town. 265a Disorderly Conduct Power to prevent cl. 59, 65 Forms. Complaint for arrest 957 Warrant for arrest 956, 958 Disorderly Conduct — Continued, sec. Judgment 959 Mittimus . . . . ‘ 960 Disorderly House Power to suppress cl. 45, 65 Dispensaries Medical Dispensaries, see . Distiller Power to tax and regulate cl. 91, 65 Distillery Power to locate, regulate etc. .cl. 82, 65 Disturbances Power to prevent and suppress, cl. 72, 65 Dock Power to construct, repair and regu- late use cl. 32-3, 65 fix dockage from water craft, cl. 37, 65 Dogs Restrain and prohibit, running at * large cl. 80, 65 Power to tax cl. 80, 65 to prevent dog fighting cl. 59, 65 Per centage of license fees paid in to police and fireman’s fund.. 688, 697 Drainage Power to construct and repair drains and regulate use cl. 29, 65 By special assessment allowed p. 4 District annexed; system of, contin- ued, how 257 City etc. subject to overflow; im- provement district 304-11 Drainage and Sewerage District formed, survey to be made 305 estimate of cost and benefits. . 305 may issue bonds, how 306 Payment of principal and inter- est, how 307 Railroad (steam or horse), liability of 308 Persons under disability — in- dorsement of bond for 809 Corporate powers, how exercised 319 Bond holder’s action against in- dorser 311 Chicago, organized as a district. . . 312 Diversion of flood waters of Des Plaines river 313 Chicago river; widen etc. north branch 318 Regulation of flow from Des ftaines river 314 Mud lake valley, dam across. . . . 315 Acquisition of way. 816 Ascertainment of damages . . . . 317 Index. 471 Drainage and Sewerage — Cont. sec. Sanitary districts, organization of 318 Commissioners, liow constituted. 318 Procedure, to establish district. . 318 Courts take notice of organization of district . . 319 Officers of district; election of 319-20 Trustees, number, term, election 320 District, a body corporate, powers 320 Trustees and officers, powers, duties, compensation 321 Power to pass ordinances etc. . . . 321 Appropriations, when in force. . . 322 Ordinances, generally, in force from passage 322 proof of 323 Powers as to navigable waters, water power, channels, outlets, dockage, etc 324 Jurisdiction of trustees beyond district .* 324 Acquisition of right of way. .... 325 Power to borrow money and issue bonds 326 Interest on and principal of bonds, tax 327 earnings applied to 327 Contracts for work, how let 328 Tax levy; limitation on 329 Taxes collected paid to district treasurer 329 Power to improve by special as- sessment or special taxation. . . 330 Procedure to improve by special assessment etc 330 Assessments by instalments; pro- cedure 331 Improvement calling for damage to property; damages etc. how ascertained . 333 Bonds, issue in anticipation of taxes due 332 Public property, entry upon; ex- ception 334 Right of way; cost of acquisition. 335 Damage by overflow; liability for. 336 Land damages; liability for 336 Sewage discharged, dilution of. . 337 Outlets, dimensions of 337 Violation of law as to sewage. . . 337 prosecution of 838 Right reserved, to amend or re- peal statute 339 Channel from lake Michigan to rivers; ca])acity of 340 Channel; when navigable 341 use and increase of 342 Water supply, to cities etc 343 Channel; inspection of; correction of defects 344 Drainage and Sewerage — Cont. sec. Water supply from lake Michi- gan, defined 344 Police force, maintain 344a Sewerage fund tax 345 Contracts between cities etc. for. 346 Contracts, how made 347 Powers, as to drainage works etc. 348 Drainage works etc. by special assessment 349 Mode of procedure to establish. . 350 Form. Land owner’s indorsement on dis- trict bond 306 Dram Shop Spirituous Liquors, see . Draymen Power to license, lax and regulate, Driveways Parks, Streets, see . Drug-gist Power to permit to sell liquor, .cl. 46, 65 Permits by city etc. to sell liquor. . 650 Form. Permit to vend liquors 966 Drunkard Intoxication, see. Dummy Railroad Horse and Dummy Railroad, see . Pre requisites of grant of way on streets cl. 90, 65 E. Education Schools, see . Elections Constitution; who may vote p. 7 All votes by ballot p. 7 Electors; privileges of p. 7 Military station or post does not give residence p. 7 Annexation of city etc 238 of parts of city etc 239 of part or all of city etc. at one. 240 as to licensing dram shops 255 Bonds ; as to issue of new, for old City ; as to incorporation, under general law 1 Notice of, as to incorporation under general law 2 Returns to city council 3 Result entered on city records. . . 3 On organization, canvass of votes etc. recorded 13 Same filed with secretary of state 13 Index. 472 Electtons — Continued, kkc. 'J'rusteoK act on vote of village to become city 4 Territory to organize a.s city .... 5 Petition for 5 County judge fix time and place for 5 ap[)oint judges 5 give notice of 5 name judges 5 Canvass of returns 5 Territory organized on vote for. . 5 Town becoming city, trustees call election for officers 7 appoint judges and clerks .... 7 canvass returns 7 Aldermen elected on general ticket 7 Town to incorporate as village. . 207 Who may vote; form of ballot. . 208 City to change to village 209 Ballots, form of 209 Returns, canvass, record of re- sult 210 New organization of territory. . . 213 Of officers 214 Annual village 221-2 Territory organized as city; county judge call election for officers. 8 Canvass of returns 8 City having the same territory as organized township 50 Who entitled to vote 53 Annual election for aldermen.. ..54-5 Minority representation 56-8 Council appoint time and place, judges etc. of aldermen’s election 59 give notice of election 59 City elections follow state law . . 60 Return and canvass of ballots. . . 60 Tied vote, council determine by lot '. 61 Persons elected notified 62 Quorum not in office, who order election to fill vacancy 63 Special elections, how and when called 64 City election, annual 49 City or village including a town- ship, when 50 Time of opening and closing polls 51 In cities mayor, council, clerk and treasurer to be elected 79 Mayor, clerk, attorney and treas- urer, when 52 Vacancy in office of mayor; elec- tion when 16 of alderman; filled by 33 City courts; of judge 284 of clerk 286 Elkctions— C ontinued, bec. Hospital, to establish and main- tain by city 604c Libhaky ; to establish and tax for in village, town etc 647 Museum building, in park, 678p Park and Boulevard, tax levy for purchase of lands 678m Pleasure driveways and park dis- trict, incorporation of 673a Sanitary District ; to establish. 318-9 of oflicers thereof 320 Schools ; of board of education. .821-5 Adoption of general law 831-2 Expense of, of school trustee 868 School director 869 Town, dividing to form two 265a Water ; as to raising money to ex- tend supply 921 Water Works, lea.se or purchase of, 914a In cities and villages ; adoption of act 351 Notice of election; duty of county clerk ; penalty ; expenses 352 Ballots ; how canvassed 355 Manner of canvass 356 Duty of judges ; when no tally sheet 357 Manner of making returns 358 Special watchers of canvass 359 Canvass by county judge 360 Neglect of duty, by judge or clerk 361 Stealing or mutilating return etc. 362 Offenses governed by state law. . 363 Adoption of act by village or town 364 Effect of adoption of act 365 Creation of board of election com- missioners 366 Commissioners; selection; quali- fications; vacancy 367- Removal on complaint; cause for. 368 Organization of board; officers; oath; bond; office 369 Board, provide ballot boxes etc. . 370 Chief clerk; powers and duties of. 371 Commissioners to establish elec- tion precincts 372 General registration of voters . 376 Judges and clerks; appointment and qualifications 374 Examination of judges etc.; con- firmation; rejection; exemption; refusal to serve; penalty 375 Appointment and removal of judges and clerks 376 Judges and clerks to be selected from different political parties. 377 Selection of judges and clerks re- turned to county court; con- firmation; vacancies; removals, 378 Judges and clerks to be notified; oath 379 473 Index. Elections — Contiimed. sec. Registry and polling place in each })recinot 380 Record of penitentiary convicts; persons^ pardoned 381 Monthly reports of the dead . . . 382 List of the dead and criminals. . 383 Notice of registration 384 Rules and regulations; conduct of elections 385 Election days; holidays 386 Subsequent selection of judges and clerks 387 Board of registry 388 Board. . rst meeting of, when 390 Next general registration, when. . . 390 Registration books; entries on 390 Oath of applicant for registration. . 390 Daily cerdtication of registration.. 391 Registry to be posted; right to chal- lenge; affidavit 392 Second meeting, when 303 reg stration at, revision at 393 verification lists; entries on 393 register, exposure of 393 Canvass of precinct 394 power of clerks, joint and several 396 refusals or neglects 396 disability 396 names not registered 394 police protection 394 refusal to answer questions 394 suspects, notice to 395 meeting for revision 396 clerks’ duties 396 suspects, appearance, examination 396 verification lists, f(>r jury lists... 396 Registers to be comp red etc.; one to be posted up, two i'eturned; printing . . 397 Application to erase name; notice.. 398 entry on registry, by court 400 Register, closing and delivery of. . . 400 Refus d of application ; appeal ; record ... 401 Supplemental list to be posted etc. . 402 Registration after first general registration 403 Registration, intermediate 404 last general, used when 404 revision of 404 verification lists 405 canvass of precinct 407 comparison certifying, delivery 406 revision of. when. . 409 Registers, how returned to election commissioners 410 Elections — Continued. sec. Commissioners to have registers copied and printed etc 411 Denial of registration or erasure; review by county court 412 Return of registers to commis- sioners; corrections 413 Special and judicial elections; how conducted 414 Inspection of registers 415 Delivery of registers etc. to judges 416 Penalty for mutilating etc. public register 417 Filling vacancy on board of regis- try 418 Elections; opening and closing polls; presence of judges and clerks 419 Absent judge; penalty; place how filled; detention of register.. . . 420 Ballot box continuously in public view; obstruction; penalties. . . 421 Entry of voter’s name 422 Name on ballot 423 How ballots received; challenge. 424 Voter’s name on register 425 Challengers; watchers; canvass; policemen present. . 426 Judges, as peace officers 427 Judicial election; official ticket holders; penalty 428 Canvass; not to be adjourned; challengers and watchers. . . . 429 Canvass, how made 430 Ballots strung 431 Proposition submitted; canvass. . 432 When tally sheets contain no heading for proposition; duty of judges 433 Judges to proclaim number of votes etc 434 Returns; certificate; direction . . . 435 One ballot of each kind attached to return 436 Poll books to be placed in ballot box etc 437 Judges to deliver ballot box etc. to commissioners 438 Commissioners to receive, note condition and open ballot box. 439 Canvassing board to open re- turns; abstract of votes, how made. ... ... 440 Canvassers to declare result; cer- tificate; its force 441 Certificate of election 442 Certificate of election, city offices etc 443 City or town office; tie vote 444 Duty of canvassing board on in- dication of fraud 445 471 Index. Elections — Continued, Presidin^i: ollicer of board; declar- ing^ result OITenses generally’ penalty At city, village or town election; lienalty Poll clerk; false list; i)enalty. . . . Judge wilfully refusing vote etc. ; lienalty False canvass etc,; penalty Permitting false ballots etc. ; pen- alty Election olficers; misconduct; fraud; penalty Stealing document, vote etc. ; pen- alty Person not an officer; penalty. . . . False swearing Advising person to swear falsely etc ... Changing ballot etc Felon, no right to vote; pardon.. Disobeying command of judge. . Breach of the peace Interfering with judge etc Destroying or concealing ballot etc Wilfully admitting one to regis- tration etc Absence of judge. Keeping ballots behind box etc. ; electioneering Use of spirituous liquors etc, . . Irregularities in notices etc. no defense Crime, as to question submitted; definitions . . Misdemeanors; fine; when dis- charged Forfeitures, how recovered . . , , Commissioners to aid prosecutions Commissioners’ and clerks’ fees; how paid Judges and clerks of election, fees. Kumber of days to be credited to judges and clerks When city to pay judges and clerks When county to pay judges and clerks Commissioners to audit claims. . . Village or town may adopt act. . Ex officio commissioners of vil- lage Returns of judges etc, of village or town Returns of village or town elec- tion Oaths; who may administer Registratfox of electors; board; meeting; register Ef.ectfons — Continued. sec. Manner of making register etc.; first meeting 485 New election districts 486 Revision of register; second meet- ing 487 Proceedings; corrections etc 488 Revising register; addition of new names 489 Copiesof register; filing; delivery to judges; voting; swearing in vote etc 490 Entry on register by clerks; non registered voter; [)enalty 491 Poll list and register to be filed.. 493 Section repealed 493 Registers open to inspection .... 494 Compensation of board 495 Preserving order 496 Fraudulent registration ; false swearing .... 497 Sections repealed 498 Blanks to be furnished 499 Section repealed 500 Election; manner of giving notice of 501 Sheriff or supervisor to post 502 Time of opening and closing polls 503 Proclamation 504 Ballot box publicly exhibited ; locked; keys 505 Poll lists, how kept 506 Ballots 507 Form of ballot 508 Form of cumulative ballot 509 Manner of receiving and deposit- ing ballot 510 No adjournment or recess 511 Canvass of votes 512 CONTESTii^G elections; when legis- lature to hear 513 Senators and representatives. . . . 514 Hearing by supreme court 515 By circuit court 516 By county court 517 Election of state officers; petition of contestant 518 joint committee to take testimony 519 Powers of joint committee 520 Notice to take deposition 521 Testimony 522 Report of committee; hearing; decision 523 Who may contest as to senator or representative 524 Notice of contest 525 Testimony, how taken 526 Power of officer taking testimony. 527 Depositions etc. to be sent to sec- retary of state 528 Delivery of notice of contest etc. ; REC, 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 468 467 468 469 470 471 ; 472 473 474 475 476 477 478 479 480 481 482 483 481 Index. 475 Elections — Continued. sec. Kiglits of either house saved 530 Who may contest election of other oHicers 531 Contestant to tile statement etc. . 533 Summons 533 Evidence 534 Trial 535 Other elections contested 536 When elector may defend for county 537 Judgment 538 Tie vote, how decided 539 Certified copy of judgment 540 When election adjudged void 541 Appeal 432 Ballot Reform Act op 1891 . . . . 542a Primary election; act, when to govern 543 Acceptance of act by committees. 544 Time and place of election; judges and clerks; proxies 545 Notice of election; form of 546 Judges’ and clerks’ oath 547 Voters’ qualifications 548 Election of delegates 549 Challeuge of voters; examination; swearing in votes 550 Offenses and penalties . 551 Qualifications, limitation on; chal- lengers; poll list 552 Poll and tally list; form of 553 Oaths, administering thereof . . . 554 Ballots; form of . . . 555 Exhibition of ballot box 556 Opening of polls, proclamation. . 557 Closing of polls, proclamation... 558 Canvass of votes; proclamation. . 559 Canvass, how conducted 560 Judges’ certificate to tally list. . . 561 Count of ballots. ... 562 Poll lists; what to show 563 Certificate of result 564 Deposit of poll and tally lists 565 Certificate to successful candi- dates 566 Penaties, not otherwise declared.. 567 Forms. Register of voters; act of ’91 380 Verification list 393 Certificate to register; act of ’85. . . 391 to voter on changing precinct. . . 404 Oath of comraiss oners 369 judges and clerks, under general law 915 act of ’85 379 applicant for registration 390 claimant for registration refused. 392 of registered person notified as suspect 396 on application to erase name.. 398, 405 Elections — Continued. sec. voter; for registration in precinct removed to 404 Petition for vote by city to incorpo- rate under act of ’72 923 Ordinance submitting to vote 924 Notice of election as to adoption of general law 831, 925 Petition, town to reorganize as vil- lage 1006 Notice, to establish board of educa- tion, in cities not over 20,000 858 Record; order submitting, town to reorganize as village 1007 Notice; election submitting, town to reorganize as village 1008 application to erase name from register 501 vote to organize contiguous ter- ritory 928 election, president board of edu- cation 823 election of officers, town or village organized as city 931-2 annual ele(’tion 944 to person elected to office 948 Certificate of election, city clerk. . . 973 Return, votes as to incorporation. . 926 judges’, of votes cast 946 as to adoption of election law . . . 352 canvass of votes, under general law 947 Record; canvass of votes, city to in- corporate under act of ’72 927 result of election to organize con- tiguous territory 930 Minority representation; petition for vote as to. . 942 recoid of submission to vote 943 Notice to fill vacancies — no quorum in office to call 949 Appointment of judges and clerks in such cases 950 Primary, poll acd tally lists 553 Electric Light Part of city annexed, joint user... 249 Towns divided; jifint user 265h Electric Railway- Pre-requisite of grant of way on streets cl. 90, 65 Use of streets, etc., when granted. 890-1 Embankments cutting or destroying, felony 637a Embezzlement Punishment . n. 1. 107 Parks existing (1891), violation of bond and tax act 678b Eminent Domain No taking without compensation. . .p. 1 47(i Index. Eminent Domain — Continued. sec. Compensation ascertained by a jury. 571 Proceedings; j>arties 572 WIhui petition is presented in va- cation 573 Service of summons; notice 574 Hearing; several tracts in; amend- ment; new parties; practice 575 Jury; wlien liearing is in vacation. 576 Impaneling jury 577 Oath of jury 578 View of j)remises; verdict 579 Judgment; payment 580 Cross petition 581 Appeal 582 Right to use land, on giving bond, in case of appeal 583 Payment; to whom it may be made. 584 Judgment to be entered of record.. 585 Repeal 586 Lands of state institutions not to be taken 587 Local improvement; property to be taken, procedure 133 Petition to assess damages 134 form of 135 Summons, notice, publication. . . 136 Hearing, jury 137 Jury assess compensation 138 New parties, how joined etc 138 View of premises 139 Ownership or interest not shown, verdict 139 Judgment, continuance for new parties 140 Ownership ceasing, damages as- sessed 141 Ownership contested, no delay; compensation deposited 142 Person under disability, proced- ure 143 Judgment, no delay on appeal if bond given and award de- posited 144 Possession ordered, when 145 Petition to assess cost, filed 152 Commissioners to assess, appoint- ment 153 oath 153 duty 154 Assessment roll and return 156 Notice of assessment 157 proof of 158 not in time, continuance 159 Objections to confirmation, file. . . 160 No objection filed, judgment ... 160 Hearing, verdict, judgment 161 Case has precedence 162 Assessment may be changed, an- nulled, confirmed or recast etc 163 Judgment several, alien 164 E.min?:nt Domain — C ontinued. sec. certified to city clerk, warrant issue 165 Warrant to collect, form of 166 Collector’s notice, form of etc. . . 167 Mode of collection 168 Delinquent list, to collector 169 Application for judgment, de- fenses barred .... 169 under general law 170 Return of sales, redemption 171 Sale after payment, liability 172 Collections, payment over 173 Collector’s compensation 173 General revenue laws apply 174 City or village may buy at sale. . 175 Assesstnent set aside, new one. . . 176 insufficient, supplemental 177 too large, rebate 177 New assessment, as to delinquents 178 Supplemental petition to assess benefits 183 damages, payment of 183 non payment of 183 Improvement by instalments, pro- cedure for judgment 192 Driveway on lake shore 889c Levee; exercise of, by city 626 Pleasure driveways and park district, acquire lands by. . . . .673h Railroad; taking for tracks, fee stay in land owner p. 1 Horse and dummy railroad may exercise right of 601 Compensation, how ascertained, . 601 Sanitary improvements; acqui- sition of way 316-7 Damages assessed, for sanitary disnict, a preferred claim 333 Damage by construction of sani- tary channel, liability 336 Telegraph go’s exercise right 896 Water works; city may acquire lands etc, by 910 Forms, Application to court to assess dam- ages 995 Oath, commissioners to assess cost. 153 to assess damages 996 Notice of assessment made 157 publication 157 of collector to pay assessment. . . 167 Ordinance to improve; where pro- perty is taken etc 994 Employe Alien, see. Engineer ; examination, licensing and regulating 65 Estray Animals, see. Index. Evidence sec. Official bond ; acknowledgment. 654 Okdinance ; proof of 68 Certified copy 88-9 ■ Driveway&park district, proof of.673f Record; certified copy 88-9 > Records of city etc., how certi- fied.. 588 Certificate, form of 589 Sworn copies, use of 590 False certificate, penalty 591 Recorded plat of town etc 680-1 Special assessments, affidavits of notice of 158 Report of delinquent list, of prior proceeding etc 169 Execution Fireman’s pension fund, not subject to 72 Official bond; lien of judgment and levy 659 Exemption Jury duty, of judges and clerks of election 375 of certain school officers 852 Taxation; of municipal property, may be p. 8 only by general law 130 of city property 757 of property heretofore exempt . . 795 of U. S. lands 757 of U. S. lands acquired 880 Exhibitions Power to license, tax, regulate etc. cl. 41, 65 Explosives Power to regulate and prevent stor- age of cl. 65, 65 Expressmen Power to license, tax and regulate, cl. 42, 65 Extortion Justice in Chicago; removal for p. 6 F. False Certificate Of non alienage; contract avoided and wages forfeited 231 Farmer May sell products without license. 227 Fees and Salaries Compensation, see. Attorney recover fees from sani- tary district, when 336 City court: fees of clerk 286 Fees on filing transcript of judg- ment 296 on issuing transcript to clerk. . 296 477 Fees and Salaries — Continued. sec. of jurors in city court 298 of officer conveying persons to house of correction 614 Felons Record of penitentiary convicts re- turnable to election comra’rs.. 381 pardons of convicts returnable. . . 381 Duty of commissioners as to 383 Unpardoned, penalty for voting. . . 459 Felony Declared by election law. . .447-59, 463 Levee or embankment, cutting or destroying 637a Fence Power to regulate partition. . .cl. 60, 65 to requite railroads to fence. cl. 26, 65 Ferry Power to establish, license, regu- late and fix tolls cl. 87, 65 Ferries and Bridges Bridges ; Roads and Bridges, see. ' Power to license and regulate or acquire .•••:• Acquire, construct and maintain. 593 Control 593a, 594 Manner of travel on bridges, reg- ulate 595 Fighting Fewer to prevent cl. 59, 65 Finances and Property City council control cl. 1, 65 Fines and Penalties Power to impose. cl. 96, 65 City or village may impose 78 Power as to creation etc. of nui- sance cl. 75, 65 Limitation on cl. 96, 65 Enforcement; jurisdiction of 69 Fine imposed; imprisonment un- til paid, when 71 Limit of imprisonment for each offense 71 Use of county jail cl. 70, 65 Imprisonment to be in house of correction 613 Appt.ication ; fines collected, pay- ment over 70 ^ Violation of village ordinance; fines to treasury 223 Fines imposed on police and fire- men, how applied 688, 697 Oil inspection defaults 673 Sundry fines applied 697 Non erection of fire escape 600 Application of, to school fund. . 845 Animals, prohibition 236, 237a Index. 478 Finks and Penalties— Continued, sec. l^KIMKKY G8, 665 Bkidgk ; fast driving on 595 Compulsory Education act. ..862g, 1 Contract ; in excess of authority n. 1, lOJ. Oflicer, interested in 665 Ei-kction ; county clerk’s neglect as to adoption of election act. . 35C Judge or clerk, neglect of duty. . 361 Stealing or mutilating returns etc 362, 454 Judge’s refusal to serve 375 Clerk’s refusal to serve 375 Judge or clerk absent at opening poll 420 Obstruction of view of ballot box. 421 OlTenses at 447-68 Registration, use of false name.. 447 in two districts 447 attempt at without right 447 unlawful attempt to erase from. 447 hindrance of one entitled. . . . 447 inducing judge etc. to register one without right 447 hindrance etc. of officers of . . . 447 advising etc. violation of law. . 447 refusal to answer on canvass. 894.408 clerk’s neglect on canvass. 395,408-9 Impersonating another 448 Repeating vote .... 448 Vote in precinct without right . . 448 By bribery etc. to influence vote. 448 Hindering right of suffrage 448 Inducing etc. to receipt of unlaw- ful vote 448 Hindrance of any election officer. 448 Inducing false evidence etc. by election officer 448 breach of duty by election offi- cer 448 wrongful acceptance or refusal of vote 449 omission of duty 448 Clerk; false poll list 449 J udge excluding lawful vote .... 450 receiving challenged vote, when 450 omitting to challenge voter, when 450 False canvass of vote 451 Permitting false ballots etc 452 Officer, misconduct or fraud of. . 453 Imposed on persons not officers of. 455 False swearing ... 456 Advising false oath 457 Changing ballots etc 458 Unpardoned felon voting 459 Disobeying command of judge . . 460 Breach of the peace. 461 Interfering with election officer.. 462 Destroying or concealing ballot . . 463 Fines and Penalties — Continued, sec. Wrongful admission to registra- tion 464 Absence of judge from registra- tion or poll 465 electioneering or keeping ballots behind box etc 466 Use of spirituous liquors 467 Fines for misdemeanors, how dis- charged 470 Under primary election law.. 551, 570 Embezzlement or conversion of public money n. 1, 107 Collector detaining funds 113 Treasurer’s private use of city funds 107 Firb7 escapes; non erection of . . . 598 Application of fine 600 Insurance; foreign company not paying tax 121 Library; council prescribe, for in- jury to 645 LiquORS; violation of license to sell malt, only 652 Officer; not turning over to suc- cessor 83 Oil inspector; misconduct of . . . . 671 Vendor’s neglect to notify of or sell oil not inspected 672 Inspection of oil ; fines 673 Police, appointing alien or non prisoner, conveyance of 92c UBLic BUILDING ; doois not open- ing outward 727 Publications; sale etc. of obscene. 895 Plats ; selling lots in addition etc. to city etc. without recording plat 683 Neglect to plant corner stone 682 Railroad train; starting without signal 744 Neglect to maintain highway crossings 748 Train not stopped at bridge etc. . 750 excessive speed in cities etc. . . 754 Neglect to maintain flagmen. . . . 755 Penalty, general 756 Record; false certificate to 591 Special assessment ; return of sale after payment 172 Street; injury to sidewalk, bridge etc 811 Procedure to collect penalty 812 Telegraph poles etc., injury to. . 899 Flagmen Pow'er to require, at railroad cross- ings cl. 27, 65 Duty; as to railroad 755 Flags Across streets, regulation of. . . .cl. 19, 65 Index. 479 Fire Department sec. Police and Fireman’s Fund, see . Power to erect bouses and provide apparatus cl. 64, 65 Exemption of apparatus etc. from tax cl. 8, 757 Fire Escape Power to regulate construction of, cl. 61, 65 To be affixed to certain buildings. 596-7 Notice to affix 598 Penalty, non erection of 599 Grand jury investigate as to suffi- ciency of 598 Fire Limits Power to designate cl. 62, 65 to prohibit lumber yard within, cl. 93, 65 Fireman Police and Fireman’s Fund, see . Employed in city etc. annexed; re- tained in service ... 254 Fire Marshal A trustee of police and fireman’s fund 689 of fireman’s pension fund 710 Fire Wood Power to inspect and measure . . cl. 54, 65 Fire Works Power to regulate and restrain use of cl. 65, 65 Fish Power to regulate sales of. . . .cl. 50, 65 provide to inspect cl. 53, 65 Forestalling and Regrating Power to prevent and punish, .cl. 51, 65 Forfeiture License, see . Application of, to school fund 845 Under election law, how recov- ered 471-2 Of license to sell meat, when 652 Of police pension, by crime etc. . . . 704 Of rights of railway, in city etc. subject to overflow, not conform- ing to grades 308 Forms Acknowledgment, officer’s bond . . . 654 Amusement, license 965 Appropriation ordinance 976 Arrest, violation of ordinance 953 •warrant for violation of ordinance 954 disorderly conduct 956, 958 indorsement of special bail 955 Bond; land owner’s indorsement on drainage 306 instalment of special assessment.. 197b Forms — Continued. sec. ordinance fixing penalty of official 970 of city officer 971 certificate of acknowledgment. . . 654 for license, to do business 961 grocery 962 saloon 963 Busine.ss, license to conduct 964 City, officer’s oath 82 contractor’s release on work done by special assessment 193 ordinance, style of 218 petition for vote to organize 923 ordinance submitting question . . 924 notice of election 925 canvass of votes as to organization 927 notice of annual election 944 notice to person elected to office.. 945 notice, election to fill vacancies, no quorum in office 949 appointment, judges etc. in office 950 petition to organize contiguous territory as 928 notice of election, to organize con- tiguous territory as 929 return of votes to incorporate as, 926 947 record of result of election to or- ganize 930 record, as to call and notice of election . . 931 notice, election of officers ... 932 record, proceeding, town or vil- lage organized as city 933 minority representation, petition for vote on 942 record, submission to vote 943 City clerk, certificate of election . . . 973 certificate in proof of ordinance.. 951 of incorporation as a city 933 City council, rules and order of busi- ness 934 (shorter form) ... 935 notice of special meeting 936 ordinance as to absentees 937 regulating time of meeting.. . . 938 adjourning regular meeting. . . 939 substituting a day for meeting, 940 journal of proceedings 941 City treasurer; warrant drawn on.. 978 annual report 977 Contract, improvement by special assessment 1005 Contractor’s release to city on work done by special assessment 193 County court’s record of result of election to organize territory.... 930 Disorderly conduct, complaint for arrest 957 warrant for arrest 956, 958 judgment 959 mittimus ^6^ Index 480 Foumr — C ontinued. 8EC. Dmiimge, land owner’s indorsement on district bond 306 Drui^gist, permit to sell liquors . . . 966 Election; register of votes; act of '91 390 cel l ificate to register ; act of '85. 391 verification list . . 393 to voter on change of precinct. 404 Oath of commissioners 369 judges and clerks, under gen- eral law 945 act of ’85 379 of apjdicant for registration . . . 393 claimant for registration re- fused 392 of registered person notified as suspect . 396 on applicat’n to erase name. 398, 405 voter, for registration in pre- cinct removed to 404 Petition for vote by city to organ- ize under act of ’72 923 Ordinance submitting to vote. . . . 924 Notice of election as to 831, 925 Petition; town to reorganize as village.. 1006 Record; order submitting 1007 Notice; election submitting. ...1008 application to erase name from register 501 vote to organize contiguous ter- ritory 928 election, president board of ed- ucation 822 of officers, town or village organized as city 931-2 annual election 944 to person elected to office 948 Certificate of election, city clerk. 973 Return, votes as to incorporation under general law 926 judges of votes cast. 946 as to adoption of election law, act of ’85 '. 352 canvass of votes, under general law 947 Record; canvass of votes, city to incorporate under act of ’72.. 927 result of election to organize contiguous territory 930 Minority representation; petition for vote as to 942 record of submission to vote, 943 Notice to fill vacancies, no quorum in office to call , 949 Appointmentof judges and clerks in such case 950 Primary, poll and tally lists .... 553 Eminent domain, application to court to assess damages 995 oath, commissioners to assess cost of improvement 153 Foums — Continued. SEC. to assess damages 996 notice of as.sessment made 157 publication 157 collector, to pay assessment.. 167 Ordinance to improve, where property is taken 994 Grocery; bond for license 962 House of correction; mittimus dis- orderly conduct . 960 Incorporation; x^etition for vote as to organization under act of ’72 923 ordinance submitting the ques- tion 924 notice of election 925 judges’ return of votes 926 Petition to reorganize town as village 1006 Record of order submitting the question 1006 Petition for new organization as village 1009 to organize contiguous territory 928 Notice of election as to 928 Record, as to result of election to organize 930 Justice of peace; security for costs, n. 1, 812 License; amusements 965 Druggist, to sell liquors 966 Porters and runners 967 Saloon 968 Vehicles 969 Vocation 964 Bond, for grocery 962 saloon ... 963 vocation 961 Minority representation; petition for vote on 942 record of submission 943 Notice; election to adopt school law, act of ’89 831 City to organize under law, act of ’72 925 Town to reorganize as village. . .1008 Organization of contiguous terri- tory 928 officers of town or village or- ganized as city. 932 annual, in city 944 President of board of education. . 822 To person elected to office 948 Of officer to incumbent to deliver over 974 Election to fill vacancies, no quorum in office 949 Application to erase name from election register 501 Special meeting of council 936 Special assessment . ‘157 by cpUectqr . 167 Index. Forms — Continued. Oath of civil officer officers of city or village commissioners to assess cost of improvement oil inspector and deputies election commissioners claimant for registration refused, on ap[)lication to erase name from election register 398, of a registered voter notified as suspect voter for registration in precinct removed to judges and clerks of election. under general law act of ’85 Officer; oath of civil in city or village Notice to one elected or appointed Commission or warrant to Certificate of city clerk’s election, Notice of successor to deliver over Ordinance fixing amount of bond Bond of city officer .... certificate of acknowledgment. Oil inspector; oath of Ordinance — style of clerk’s certificate in proof of ... designating fiscal year making appropriations assessment and levy of tax regulating time of council meet- ings adjourning regular meeting substituting a day for regular meeting as to absentees from council .... fixing amount of official bonds. . . to improve street. . . to improve street where property is taken etc construction of sidewalk sewer drains to lay water service pipe. . . certificate, work done by owner. . complaint for arrest on violation, summons on violation complaint for arrest for disorderly conduct warrant for disorderly conduct. . indorsement of special bail Porters; license Quorum; ordinance as to absen- tees notice of election, quorum not in office appointment of election officers in such case 481 Forms — Continued. SEC. Records; of canvass of vote; city to organize under law, act of ’72, 927 submission to vote, town to re- organize as village 1007 city or village incorporated 933 result of election to organize con- tiguous territory 930 submission to vote; question of minority representation 943 journal of proceedings 941 Revenue; ordinance assessing and levying tax 979 collector’s account as to delin- quent lands 773 certificate of judgment as to 774 warrant, drawn on treasurer . . . 9'78 Runners ; license 967 School ; notice of election to adopt law, act of ’89 831 president board of education.. 822 board of education in city not over 20,000 858 Secretary of state, organization of town or village to be filed with . . 933 Sewer ; ordinance to construct 990 for drains 989 Sidewalk ; ordinance to construct.. 980 Inspector’s return for assessment 981 Commissioner’s report of cost . . . 982 Order approving commissioner’s report 983 Special assessment; contractor’s re- lease to city 193 Sidewalk ordinance 980 Inspector’s return for assessment 981 Commissioner’s report of cost. . . 982 Order approving report 983 Ordinance to lay water service pipe 984 Commissioner’s report of cost . .985-6 Order approving report 987 Certificate, work done by owner, 988 Ordinance for drains 989 construction of sCwers 990 improve street 991 Engineer’s estimate of cost 992 Certificate of work done, by owner, on street 993 Ordinance to improve street, where property taken etc 994 Application to assess damages . . . 995 Assessment roll 997 commissioner’s certificate to. . . 998 notice to confirm 999 , certificate of publication 1001 commissioner’s oath to assess damages 996 affidavit, posting notices 1000 affidavit of notice given 1002 voucher to contractor 1003 of abatement 1004 SEC. .p. 5 82 153 667 369 392 405 396 404 945 379 p. 5 82 948 972 973 974 970 971 654 667 218 951 975 976 979 938 939 940 937 970 991 994 980 990 989 984 988 953 952 957 954 956 955 967 937 949 950 Index. 482 Fokms — Continupd. SEC. contmct for work by 1005 Spirituous li > Indictment sec. Pre-requisite of penitentiary sen- tence p. 1 Infamous Crime Crime, see. Conviction of, disqualifies for office.. p. 3 Insane Person Power to prohibit sale of intoxicant to cl. 48, 65 Confirmation of special assessment, guardian appointed 143 Indorsement of drainage bonds for. 309 Inspectors of House of Cor- rection House ok Correction, see. Insurance Company Tax on net receipts 622 on agents of foreign 121 Per centage of taxes and license fees applied to police etc. fund, . 688 Intoxication Power to prevent cl. 59, 65 Power to prohibit sale of liquor to drunkard or one intoxicated. . cl.48, 65 Itinerent Merchants Power to tax, regulate, suppress or prohibit 65 J. Jackass Ass, see. Not to run at large 234-7 Jail Power of city to use county. ..cl. 70, 65 Judgment Council authorize loan to pay 101 Of city court, effect and execution. 294 Transcript in circuit court 295-6 Judicial Cognizance Taken of organization under gen- eral law 0 territorial change of city etc 263 formation of sanitary districts... 319 change of corporate name 276 incorporation of driveways and park district 673b Judicial Powers Where vested P* 5 Junk Store Power to tax, license and regulate, el. 95, 65 Licenses; application of receipts .. . 697 Jurisdiction Of justice, no special law as to p. 6 Of police magistrate, no special law.p. 6 Index. 485 Jurisdiction— C ontinued. sec. Of justice and police magistrate, uniform . p. G Of cit3^ territorial 45 land suits 45b ordinance, to enforce 45a police 90 taxation 45b watercraft 76 water supply 199 waters bordering 74-5 disconnection of lands not platted. 261 Of city, as to territory annexed. . .238-9 Of county court as to annexing ter- ritory 238-9 Of circuit or county court as to dis- putes on annexation 245-50 Of circuit court, town divided 265e Of city courts of record 280 County court, to assess cost of im- provement 151 Of county court, disconnecting lands as new town 265a Of police magistrate 224-5 Of justice, violation of ordinance. 69, 72 Of police magistrate, as to violation of ordinance . . . 69, 72 Of justice, animals at large.. .236, 327a Ballot box ; to remove obstruction to view of 421 Bawdy house; in city cl. 45, 65 Bridge ; fast driving on 595 injury to 812 Business offensive ; in city cl, 83, 65 Cemeteries; in city cl. 79, 65 Drainage district ; as to way 316 Damages, as to way 317 To organize sanitary(drain)districts. 318 Of sanitary districts, as to water power, dockage etc 324 Defect of sanitary channel 344 Eminent domain 572 Disorderly houses ; in cities. . . cl. 45, 65 Fire escapes; of county etc. authori- ties 596 Health; of city 45 Oil inspection ; of justices 673 Packing houses, tanneries etc. ; in city cl. 81, 65 Prostitution in boats on waters 76 Registration of voters ; of county court to insert or erase names.. . . 400 Sidewalk ; as to injury to 812 Water ; of city as to pollution of supply 910 Of circuit court ; as to water rates 921a Of U. S. over lands acquired 880 Of Illinois over same land 880 Juror Fees of, in city court ; how paid. . . 298 Jury SEC. List ; registration verification lists ^ used for 393 Ascertain compensation for prop- ^ erty taken for public use. . .p. 1 ; 571 Eminent domain ; jury in vacation! 576 view of premises, verdict 579 Exemption of election officers from jur}^ duty 375 of certain school officers from jury duty 371 Justice of the Peace Jurisdiction and duties ; no special law as to p_ 3 uniform ! ’p] 5 Election of !p! 6 In Chicago, appointed p! (j In territory detached by annexation 253 Two, to assist in canvass of election of officers, on organization of territory as city g to assist, in canvassing returns on election to organize territory. . 5 Assist in canvass of vote on new or- ganization of village 213 Recognizances returnable to city court 292 City courts have jurisdiction of ap- peals from 280, 281 may issue certiorari to ’ 281 Animals ; at large, prohibition. 236, 237a injury to, by railroad cl. 26, 65 Ballot box; obstruction from public view 421 Bridge ; of injury to 812 fast driving on 595 House of correction ; committal to. 613 Ordinances ; violation of 72 Oil inspector ; violation of statute.. 673 Sidewalks ; as to injury to 812 Town divided, serve term 265i Form. Security for costs before u. 1, 812 K. Kite Flying- Power to prevent etc. on streets cl. 92, 65 L. Lake Jurisdiction of city over 74 Driveway on shore of, improve- ment, extension etc 889a Landing Places Power to construct, repair and reg- ulate use cl. 32-3, 65 fix price for use of cl. 37, 65 Index. * Landings and Levees si:r. VVlien luiulin^.s and Invecs may bo loasod 02J3 Wlmt lands may be leased; when lease shall take effect 624 ower to protect from overflow of levees etc 625 Purchase or condemnation of lands.. 626 Notice to owners, to repair 627 When city etc. may re})air 628 City etc. may enter on lands to re- pair 629 Work charged to party liable; lien therefor 680 I..ien; how enforced 681 Who may })urchase at sale. ...... 682 Emergency; repairs; payment; lien; defense 638 Public landing places; ordinances; tolls; grade; penalty 634 Stagnant water ; abatement of 635 Liability of city subject to overflow for damages ; insufficient levee . . 636 Proceeding, where land below grade 637 Cutting or destruction of 637a Lard Inspection of cl. 53, 65 Power to regulate sale of cl. 50, 65 Lease By city etc. of landings and levees. 624 Lecture Room Doors to open outward 726 Penal tj'- 727 Legislation Special or local, prohibited p. 3 Exclusive power of U. S. over land acquired 880 Levee Power to construct, repair and reg- ulate use of cl. 3^3, 65 Libraries; Public Establishment by city ; tax ; fund. 638 Appointment of directors 639 Term of office ; removal 640 Vacancies ; compensation 641 Organization ; powers of directors ; funds 642 Who may use library 643 Report of directors 644 Council may fix penalties 645 Donations 646 Powers of villages, towns and town- ships 647 Directors in villages, towns and townships 648 On corporation on basis of donation 649e Building for, city over 10,000 649a License bec. City Council, see . Council fix amount, terms, issue and revocation of cl. 4, 65 Farmers etc. may sell products witlu)ut 227 Ihnver to license ferries and bridges 592 Sale of spirituous and malt liquors. 650 652 Per centages of proceeds of certain, granted to police etc. fund. .688, 697 Forms. Amusements 965 Druggist, to sell liquors 966 Porters and runners 967 Saloon 968 Vehicles 969 Vocation 964 Bond for business 961 grocery 962 saloon 963 Lien Of bonds issued by drainage dis- trict 306 Of water rates etc.; enforcement. . . 911 P'or work done by city etc. on pri- vate owner’s levee etc 630-1 Of judgment of city court 294 Judgment confirming special as- sessment 164 Judgment for special assessment. . 178 Of special assessment 181 Light Tax 922 Liquors Spirituous Liquors, see . Livery Stable Stable, see. Power to tax and regulate cl. 91, 65 locate and regulate cl. 82, 65 Local Improvements Special Assessment, see . Lodging House Statute in regulation of. .cl. 62, n. 3, 65 Lottery Power to suppress cl. 45, 65 Lumber Power to regulate inspection and measuring cl. 54, 65 Lumber Yard Power to tax and regulate cl. 91, 65 to prohibit within fire limits, cl. 93, 65 M. Manufactories Power to prevent dangerous con- struction of chimneys etc., .cl. 63, 65 Index 487 Marine sec. Not a resident because stationed here p. 7 Markets Power to establish and regulate, cl. 49, 65 Farmer, fruit grower etc. may sell products without license 327 Master in Chancery Appointment of, for city court, . . . 288 Powers, duties and compensation of 288 Mayor Elective officer 79 Elected biennially 52 Chief executive of city 15 Qualifications of 15 Term of office 15 Bond, not less than $3,000 82 Hold no other office under city 87 Compensation of 93 Vacancy, how filled 16, 17 Absence or disability, mayor pro tern 18, 39 Removal from city limits; vacancy. 19 Vacancy, under general election law n. 1, 19 Preside at council meetings, with casting vote, only 20 Call special meetings of council. . . 36 V eto power 37 Removal of appointed officer 21 Power to keep peace 32 Release of violator of ordinance. . . 23 General duties 24 Examination of books etc. of city employe 25 Messages and recommendations to council . 26 Mai conduct or misfeasance, penalty 28 Appoint revisor of ordinances .... 29 Appoint officers (except aldermen) to vacancies 81 A trustee of police and fireman’s fund 689 Sign warrants on police and fire- man’s fund 692, 721 Commissioner of police pension fund 697 Conservator of the peace 90 Use police force to suppress riot. . . 92 Call out militia, when 27 subject to governor 37 May order public building closed, when 728 An inspector of house of correction 606 House of correction ; appoint in- spectors and superintendent. 605, 011 board of education, when 833 Hospital directors, and remove. . . .6C4d Appointment of library directors. . 639 M.AVOU — Continued. sec. Removal of library directors 640 Appoint oil inspector 666 Give notice of election to incorpo- rate 2 Execute bonds issued 741 Sign all warrants on treasury 109 Power to administer oaths 98 Interest in contract prohibited .... 908 Meal Power to provide for inspection of. cl. 53, 65 Meats Power to provide for inspection of, cl. 53, 65 to regulate sale of cl. 50, 65 Medical Dispensaries Power to establish, erect and con- trol cl. 77, 65 Mendicants Power to restrain and punish. . .cl. 74, 65 Merchandise Power to inspect, weigh and meas- ure cl. 54, 65 Militia Mayor call out, when 27 Mills Power to authorize construction, cl. 88, 65 Minor Power to prohibit sale or gift of in- toxicants to cl. 48, 65 to forbid sale by, to j unk or second hand dealers cl. 95, 65 Sale of obscene publication through, penalty 895 Confirmation of special assessment, guardian appointed . 143 Indorsement of drainage bonds for. 309 Minority Representation Submission to vote, when and how, 56 Aldermen under 57 when not adopted 58 Fokms. Petition for vote on question of . . . 943 Record of submission of vote 943 Misdemeanor Appointing alien or non resident special police etc cl. 68, 65 Official bribery; interest in contract. 665 Obscene publications, sale of etc. .893-5 Declared by election law in cities etc. .378. 394, 419-21, 460-6, 470. 551 Sparrows, killing of ; bounty 870d Imprisonment 613 Mob. Riot, see. 488 Index. Money Changer bec. Power to tax, license and regulate, cl. 91, 65 Mule At large; i)roliibition 237a Municipal Corporation Duainace and Sewerage; Town; ViELAGE, see. Pow’er to assess and collect taxes. . .p. 8 Taxes must be uniform p. 8 State not impose taxes on p. 9 All property taxable to pay debts, .p. 9 Private property not taken to pay debts p 10 Local improvement by special as- sessment or special taxation p. 8 No release of obligation to state. .. .p. 4 Indebtedness limited p. 10 Defaulter not eligible to office... p. 10 Not subscribe to aid private corpo- ration p. 12 City under general law; general powers 10 special powers. 65 Murder Not cognizable in city court 280 Museum Building for, in park 678p N. Name Of place not to be changed by special law p. 3 Of city, under general law 10 Of village 215 Power to name streets etc cl. 23, 65 Use of false etc., at election or reg- istration 447-8 Change of name of city etc. pro- cedure 271-8 Naturalization Alien, see. Newspapers Obscene ; sale or exposure of etc. , penalty 893-5 Nitro-glycerine Power to regulate and prevent storage of cl. 65, 65 Noises Power to prevent and suppress, cl. 72, 65 Non Residents Not act as special policeman, .cl. 68, 65 Notice of proceeding to condemn private property 573 Notary Public bec. Not disqualified as judge or clerk of election 374 Notice Judicial Cognizance, see. Of terms of city court 289 Mayor give, of vote to incorporate. 2 County judge give, of election to organize territory as city 5 Town to organize as village 207 Of election of officers, on organiza- tion as village 214 Of election to change from city to village 209 Of hearing on petition to change name of city etc 274 Notice of change of name to secre- tary of state 276 Of election of aldermen 59 To persons elected or appointed to office 62 Of special election 64 Trustees of town becoming city give, of election of officers 7 Of election of board of education 822 Failure to give notice thereof 823 Of election to adopt general law in lieu of special charter 831 Of election, to annex territory 239-9 Of election to divide town 265a officers on division 265a Of election in village etc. to estab- lish library and tax for 647 Of election to organize sanitary (diain) district 318 Of damage in construction of works of sanitary district 336 Of election to adopt election law.. . 352 To judges and clerks of elections, to qualify 379 Of registration and ( lection 384 Of application to erase name from voters 398, 409 Of election, form of 501 sheriff or supervi.-or 502 primary election, form of etc ... 546 Registration; to suspected person, 395, 399 Driveways and park district; of elec- tion to incorporate 673b special meeting of trustees 673k annual election of trustees 6731 Hospital fund, election to tax for. .604c Board of education, election of, city not over 20,000 858 To officer to give additional or new bond 655 To erect fire escapes 598 For bids on sale of property by city 814 Of proceeding to condemn private property 573-4 Index, 489 - Notice — Continued. sec. To bind ovvncr, in city etc. subject to overflow, to repuir levees etc. . 327 Of special assessment 157 Of hearing to confirm 157 Proof of, to confirm special assess- ment 158 Notice too late, continuance 159 Collector’s of, special assessment.. . 167 by instalments 189 Of liearing of application to locate horse etc. railway 603 County to use house of r orrection. 612 Election to adopt general school law 831 To establish board of education in city not over 20,000 858 To vote for organization under act of ’72 925 Town to reorganize as village 1008 Organization of contiguous terri- tory as city 928 Officers of town or village organ- ized as city 932 Annual, in city 944 President of board cf education. . . 822 To fill vacancies, no quorum in office 949 To person elected to office 940 Officer elect to incumbent to deliver over 974 Application to erase nan e from elec- tion register 501 Special meeting of city council. . . . 936 Special assessment made 157 publication 157 collection 167 Nuisance Power to declare, abate and impose fine cl. 75, 65 Power to declare stagnant water on land 635 Levee out of repair, abate 628 Railway in city etc. subject to over- flow not raising grade 308 O. Oath Of civil officers p. 5 Of officers of election 60 Of election commissioners 369 Of chief clerk of election commis- sioners 371 Of election judges and clerks 279 Of applicant for registration 390 Of one on refusal to register 392 Of one claiming registration, at last meeting 396 Of one registered, on examination as suspect 396 Of one moving to erase name from registration 398, 405 ■ ‘ Of voter removed from precinct. . . 404 Oath — Continued. beg. Who may administer 483, 554 Fabse swearing or advising it 456-7 Violation of, of judges or clerks at primary election 547 Of voter at primary election 550 Of officers of house of correction. . 621 Of commissioners to assess cost etc. of improvement 153 Of juror, on condemnation of pri- vate property 578 Of deputy oil inspector 666 Of oil inspector 667 Mayor and city clerk may adminis- ter 98 Forms. Of civil officer p. 5 officers of city or village 82 commissioners to assess cost of improvement 153 oil inspector and deputies 667 election commissioners 369 claimant for registration refused, 392 On application to erase name from register 398, 405 Of one registered notified as suspect, 396 voter, for registration in precinct removed to 404 judges and clerks of election, under general law 945 act of ’85 379 Obscene Publications Sale or exposure of etc., penalty.. 893-5 Offal Prevention of deposit on streets, cl. 15, 65 Office Officers, see. Only citizen of U. S. resident, com- petent p. 7 Defaulter not eligible to p. 10 Disqualification for p. 3 City register’s, abolished 14 City council may create office of su- perintendent of streets 80 Officers Elections; House of Correction; Mayor, and by titles of office, see. Elective ofldeers, named Officers city council may cause to be appointed and discontinue .... Mayor appoint, with advice of coun- cil Council prescribe duties Term of, not to exceed two years. . Oath of office Bond; conditions (’oramissions to. Delivery over to successor Qualifications of 79 80 81 81 81 82 82 83 83 84 4!K) Index. Opkicerh — Continued. sec. Defaulter not eligible 84 Not to be interested in any contract, purchase or sale by city 85, 664 Not to be interested in tax sale 85 Elective orticers, not to hold other olHce 87 Duties of clerk 88-9 Conservators of peace, who 90 Prisoner, conveyance of 92a Compensation how fixed etc 96 not changed during term 96 Limit of conipen.satiou 96 Term not extended p. 4 Acknowledgment of bonds 654 When additional, or new, bonds may be required 654 Release of sureties 655 EtTect of new bond 656 When effects to be delivered to sureties 657 Suit on bond; executors etc 658 Execution; lien .. .. 659 Resignation of elective officer 660 When office becomes vacant 661 Who may determine when vacancy exists 562 Aldermen of cities; trustees of vil- lages 663 Malconduct or misfeasance 28 Bribery 86 and n. 3, 664 Employment of alien by, on public work, prohibition 228 Payment of public funds to alien employe, liability 230 Power to establish relation between. Elected or appointed, clerk notify. 62 Tie vote on election, how deter- mined 61 Special election for, how called 63-4 Oath or affirmation of civil p. 5 Incorporation under general law, certain; continue to act 3 On organization as city, aldermen may be elected on general ticket. 7 Vacancy as to alderman, election, . 33 Expulsion of alderman 36 Vacancy of mayor’s office by re- moval fro u city 19 Hospital directors, appointment. . .604d terms of office; removal 604e vacancy, mayor fill 604f compensation, none 604f Power in mayor to remove ap- pointees 21 Power in council to disapprove 21 Power of mayor to inspect records. 25 Organization of town as city, elec- tion of 7 Town organized as city, canvass of election returns for 8 ’Officers — Continued. sec. ' City, elected on organization under ; general law; term of 9 j On organization of village, town officers act until 211 Organization of village, election of. 214 Appointment of village, their duties and fees 219 Town divided, vacancies 265i election; terms of 265a Judicial, reside in district of elec- tion p. 6 Election of, in sanitary districts. 319-20 Powers of, in sanitary districts. . . . 321 Of detached territory hold until annual election 252 Of schools; liabilities 846-8 Certain, of schools hold over 852 Forms. Oath of civil officer p. 5 of officer in city or village 82 Notice to person elected to 948 Commission — or warrant — to 972 Notice of successor to deliver over. 974 Ordinance fixing amount of bonds. 970 Bond of city officer 971 certificate of acknowledgment. . . 654 Oil inspection Appointment of inspector; term of office; deputies 666 Oath; bond; suit on bond 667 Duty of inspector 668 Test; casks marked; inspector not to trade ill oil. 669 Record kept and open to examina- tion 670 Penalty for misconduct in office. . . 671 Penalty against manufacturers and dealers in oils 672 Fines, how recovered and disposed of 673 Form. Oath of inspector and deputies. . . . 667 Ordinances Power to pass police cl. 66, 65 Power to pass and enforce proper and necessary cl. 96, 65 Yea and nay vote required when. 42, 878 Vacation of street etc., three quar- ter vote of aldermen elective re- quired 877 Sale of school property, three-quar- ter vote required, of all entitled to be elected 42 Appointment of revisor of 29 Council, fix compensation of re- visor 29 Approval, veto, reconsideration ... 47-8 City or village may impose fines and penalties 78 Index. 491 Ordinances — C ontinued, sec. To prescribe mode of paying over tines 70 Limit of tine or penalty cl. 96, 65 Style [title] of 66 Style of village 218 Publication of ; when in force. ... 67 Jurisdiction to enforce 45a On organization under general law, remain in force until 11 Prescribe duties, fees and bond of village officers 219 May tix tiscal }’ear 99 Annual appropriation, when passed, 100, 122 Levy of amount so ascertained. . . . 122 Hospital funds included, when... . 604c Appropriations of annexed territory included 242 For apportionment of debt on an- nexation. 245 Ordinance as to dram shops in terri- tory annexed remain in force until 255 Annex adjoining lands, on peti- tion, by 673k Disconnecting territory 261 recording of 262 Town, division of ; determining debt and property right 265e Required to establish or discontinue city court 300 Required for sale of city, etc., prop- erty 813 Contents thereof 814 To build sidewalk by special tax, contents 872 publication thereof 872 For improvement, prescribe taxa- tion or assessment 132 improvement requiring taking etc. of property, proceeding to ascertain damages 133-45 improvement by general tax, cost in appropriation ordinance. ... 146 by special tax, proceeding as by assessment, 147 contents of 149 payment by instalments, required. 185 contents of 187 may pass before assessment con- tirmed 197 instalments, number and amount of bond issue 197a, b Required to drain city etc. subject to overflow 305 for issue of bonds for drainage. . 307 to effect purposes of drainage district 310 Pleasure Driveways and Park District, power to pass 673d record of 673e Ordinances— Continued. sec. when in force ; proof of 673f president sign 673k Power of trustees of sanitary dis- tricts to pass 321 Ordinances of sanitary district, when in force 322 how proved 323 may prescribe improvement by instalments 331 Ordinance of sanitary district call- ing for drainage etc. to property; damage, how flxed 333 Prescribe mode of treasurer’s books. 103 As to treasurer’s deposit of funds. . 107 Proof of, how 68 Certifled copy, prima facie of regu- larity 89 Mayor call out militia etc. to en- force, when 27 Justice or police magistrate has jurisdiction of violation 72 Action to enforce penalty for viola- ' lion 69 Violation of village, prosecution, how 223 Violation of, imprisonment until tine paid, when ... 71 Release of imprisoned violaters 23 Application of moiety of costs col- lected on violations 697 Forms. Style [title] of 218 City clerk’s certificate in proof of. . 951 Designating tiscal year 975 Appropriation 976 Regulating time of council meetings 938 Adjourning regular meeting of council 939 Substituting a day for regular meet- ing of council 940 As to absentees from council meet- ing 937 Fixing amount of official bonds 970 Assessment and levy of taxes 979 Improvement of street 991 property taken etc 994 Construction of sidewalk 980 sewer 990 drains 989 water service pipe 984 Complaint for arrest for violation of 953, 957 Summons for violation of 952 Warrant for arrest for violation of. 954 disorderly conduct 956 Indorsement of special bail on charge of violation 955 Ordinaries Power to license, tax, regulate. I suppress or prohibit .cl. 41, 65 Index. 49 : Oven SEC. Power to prevent dangerous con- struction of cl. 63, 65 P. Packing Houses Power to locate and regulate, .cl. 81, 60 Pardons Governor to report, to election com- missioners 381 Park Powers as to cl. 7, 65 Power of commissioners to acquire control of parks etc. in city etc, 674 of control under act 675 Reversion, when 676 Power of city etc. to vest right of control 677 Parks existing (1891), bond issue ^ for improvement. 678a limit of issue and debt 678a tax annual for maintenance.. . . .678a bonds, issue when and how 678b denomination, interest etc. . . .6781) registration ; as'-ignment 678b interest paid from annual tax.. 678c option to pay after five years. .678d sinking fund provide 678c payments from 678d purchase of bonds 678e Existing (1893) ; additional tax levy to maintain 678o Park on Lake ; bond issue for protection of shore line. . . . 678g Bonds; interest, time of payment. 678h sale of ; exclusive use of pro- ceeds 678i tax, additional to pay 678 j Park and Boulevard Tax, to purchase lands for ; cities of 25,000 to 100,000. 678k fund may be placed with park association 678e Election a prerequisite 678m Pleasure Driveways .882-6 Drives to 882 Special assessment for 883 Park commissioners’ control 884 . . . . 88' Park and Boulevard — C ontinued, sec. powers, corporate 673c president and trustees 673c qualifications, terms of otlice..673c vacancy, appointment to fill 673i by neglect of duty 673i election annual 6731 President, duties of 673k vote on tie only 673k organization, secretary and treas- urer 673c powers; oflicers and employes. .673d compensation , none 673d ordinances, rules and regulations. 673d record of proceedings 673e open to inspection 673e Ordinances, appropriation posted, in effect, when 673f generally, when in force 673f proof of 673f Improvement etc., acquire, lay out, build and maintain 673g Municipalities may place parks etc. under control of 673g Acquisition of lands 673h by general tax or special assess- ment 673a Maintenance by general tax 673h tax levy when 673h Annexation of adjoining territory. .673j petition . ordinance . 673j Organization ; judicial cognizance of 673b Improvement and maintenance. . . 889a Lake, oxtcnsionon 889b plans and estimates 889c riparian rights ; consent of owners 889c construction of ; title to 889d constructed; vesting of title 889e street exte s^ons to 889f Museums ; building for, purchase or erect 678p admission fee 678p public school children free 678p election before proceeding 678p Partition Fences Power to regulate cl. 60, 65 Party Wall Power to regulate cl. 60, 65 Reversion of street when > City etc. ma}' grant control 886 Pawnbrokers ft«7 License, tax, suppress or prohibit cl. 41, 65 887 888 889 Drives, when established. . . . Laid out, how Control of Pleasure Driveway and Park District, incorporation of . . 673a petition of voters, to county judge election officers, election of. name of district 673c Licenses ; proportion of receipts from, applied 697 Peddlers Licenses, tax, suppress or prohibit cl. 41, 65 Farmers etc. may vend products without license 227 Index. m Penalty SPX. Fines and Penalties, see. Proportioned to offense p. 1 May be prescribed for non attend- ance at council meeting 37 Malconduct or misfeasance of offi- cer 28 False certificate of municipal record 591 Injury to bridge or sidewalk 811-2 Use of county jail to enforce, .cl. 70, 65 Animals, domestic, at large 237a Election Law ; mutilating public register. 417 Obstructing view of ballot box . . . 421 Offenses generally 447 Offenses at city, village or town election 449 Judge wilfully refusing vote etc... 450 False canvass 451 Permitting false ballots etc 452 Misconduct of officers ; fraud 453 Stealing document, vote etc 454 Person not an officer 455 False swearing 456, 497 Advising false swearing 457 Changing ballot etc 458 Disobeying judge’s command 460 Breach of the peace 461 Interfering with judge etc 462 Destroying or concealing ballot etc. 460 Wilfully admitting to registration etc 464 Absence of judge 465 Keeping ballots behind box 466 Electioneering 466 Use of spirituous liquors etc 467 Fraudulent registration 497 Levee or emb^ankment, cutting or destroying 637a Police, appointing alien or non resident, special cl. 68, 65 prisoners, conveyance of 92c Primary election; violation of law. 570 offenses and penalties 551 Registration, clerks neglects on canvass 395, 408, 409 as to notice to suspects. . . . 396, 408 Pension Police and Fireman’s Fund, see. Perjury Conviction of, disqualifies for office. p. 3 Registration, false affidavit of notice to suspect 396 Petroleum or products thereof Power to regulate and prevent stor- age of cl. 65, 65 Physicians City hospital, who may practice in. 6041 Pigeonhole sec. Power to license, regulate, tax or prohibit table cl. 44, 65 Pig-Sty Power to locate, cleanse or abate cl. 84, 65 Pin Alley Power to license, regulate, tax or prohibit. cl. 44, 65 Pitch Power to regulate and prevent stor- age of cl. 65, 65 Plats Laying out towns etc 679 Certificate of surveyor ; acknow- ledgment ; record 680 Dedication ; effect of 681 Neglect to plant corner stone etc. . . 682 Penalty for selling without plat re- corded etc 683 Vacation of entire plat . . . . 684 of part of plat 685 Canceling plat of record. . . 686 Plats of Iiighways etc. to be made and recorded 687 Pleasure Driveways Parks, Streets, see. Police Power to regulate cl. 66, 65 Power to pass and enforce police ordinances ... .cl. 66, 65 Power to prescribe powers and duties of cl. 68, 65 Conservators of peace 90 Service of process 90 District defined 91 Powers of, within district 92 Arrest for fast driving on bridge. . . 595 Registration of voters, assist can- vass 304, 407 refusal penalty 394 Remove obstruction from view of ballot box 421 Employed in city etc. annexed re- tained for enlarged city etc... . 254 Non resident not appointed special, cl. 68, 65 Alien not appointed special. . .cl. 68, 65 Violation of act, penalty cl. 68, 65 Prisoners, conveyance of 92a vehicle covered 92a prohibition 92b penalty 92c act apply to cities of 50,000 92c Chicago sanitary district maintain. 344a powers as city police 344a acting in city or village subject to its police control 344a Index. m Police — C ontinued. bec. territory within which exercise powers 344a Application of rewards paid to. 697, 711 of lines imposed on 697 Assesin’t toward police pension fund 697 Police and Fireman’s Funds Police 688, 708 Relief fund, liow created 688 Mayor etc. trustees of fund 689 Roard to control fund 690 Treasurer to give bond for fund. 691 Warrants drawn on treasurer 692 Permanent disability; death; an- nuit/* 693 Who entitled to benefits 694 lIow money paid out 695 Repeal 696 Police pension fund, how created. 697 Fund commissioners 698 Who to be pensioned; twenty years’ service 699 Physical disability; retiring from service 700 Certificate of disability 701 Death in performance of duty or in service 702 Report for examination; service in case of emergency 703 Pension lost by crime etc 704 Board meetings; officers 705 Powers of board 706 Treasurer’s report 707 Beneficiaries under act of 1877. . 708 Firemen 709-24 Fireman’s pension fund, how created 709 Trustees of fund 710 Management of fund; assessment of members; record of meeting. 711 Rewards, gifts, devises etc.; per- manent fund , . 712 Power of board to draw and in- vest fund 713 When fund applicable 714 Retirement for physical or men- tal disability 715 Death while in the performance of duty etc 716 Beneficiaries under act of 1877. . . 717 Retirement after twenty- two years’ service 718 Application of the act 719 Custodian of fund; books and ac- count; bond 720 Mayor etc. to draw warrants. . . . 721 Money paid only on warrants signed etc.; interest from fund. 722 Report of condition of fund 723 Fund not subject to execution . . . 724 Repealing clause 725 Police Department bec. SUPKIUNTENUENT OF POLICE, 866. Police Magistrate Village, city or town may elect. . .224-5 Reside in district of election p. 6 Jurisdiction of, uniform p. 6 Election of p. 6 Give bond 224 In territory detached by annexation tion serve term 253 Town divided; serve term 265i Jurisdiction of violation of ordi- nance 72 as to compulsory education 861 as to injury to sidewalk, bridge etc 812 of fast driving on bridge 595 Commit for imprisonment to house of correction 613 Appeals may be to city court 291 Certiorari may issue from city court to 291 Porters Powers to license, tax and regulate, cl. 42, 65 Form. License 967 Poultry Power to provide for inspection of, cl. 53, 65 to regulate sales cl. 50, 65 Powers Gceral, of city under general law. 10 Special, of council under general law 65 President of Village Village, see. Election of, annual 216 Term of office 216 President of trustees 216 Vote only in case of tie 216 Duties and powers as a mayor 217 Compensation 217 Veto power 217 Primary Election Election, see. Prisoners Release of violators of ordinances. . 23 ^Conveyance of 92a vehicle covered 92a prohibition 92b penalty 92c act, apply to cities of 50,000 92c Process Justice of the Peace, see. Of city court; how issued, executed etc 294 Index. 495 Process — Continued. sec. Constable or sheriff may serve city process or arrest 73 Warrant may be served by police. . 90 Summons, in eminent domain 573 Service and publication thereof 574 Prostitutes Power to restrain and punish.. cl. 74, 65 Prostitution Jurisdiction of city over boats for.. 76 Provisions Provide for inspection of cl. 53, 65 Regulate sale of cl. 50, 65 Publication Ordinances 67 Terms of city court 289 Notice to change name of city. etc. 276 of election to change from city to village 209 of village to annex territory. . . .238-9 election to divide town 265a officers on division 265a to elect as to adoption of election law 253 in eminent domain, to non resi- dents 572-3 of petition to locate horse etc. railway 603 Contract for use by county of house of correction 612 Notice to organize sanitary district. 318 Ordinances, in proof thereof 323 Contracts, for sanitary channel. . . 328 Notice of special assessment. 157 of hearing to confirm 157 Collector’s notice of judgment on. . 167 Ordinance to build sidewalk by special tax 872 For bids to construct water w^orks. 908 Driveways and park district, ap- propriation ordinance 673f Improvement instalment bonds, option to pay 197b Publications Power to prohibit sale or exhibition of obscene cl. 45, 65 Exhibition thereof on street 893 Sale thereof by minors 895 Public Assembly Peaceable, a right p. 3 Public Buildings Power to erect and care for. . .cl. 86, 65 Fire escapes to be provided for. . .696-9 Doors open outward 726 Penalty 727 When, may be closed 728 Public Grounds Streets, see . Public Libraries bec. Libraries — Public, see . Pumps Power to regulate construction, repair and use cl. 57, 65 Punishment Fines and Penalties, see . Q Quarreling Power to prevent cl. 59, 65 Quorum Majority of aldermen elective 37 Forms. Ordinance as to absentees 937 Notice of election to fill vacancies, no quorum in office to call elec- tion 949 Appointment of election officers in such case 950 R. Railroad Aid and other Bonds New bonds for old indebtedness. . . 729 Emergency 730 New bonds may be issued for old. . 731 Total value of taxable property to be indorsed on bond . 732 Election; to determine issue of bonds 733 Registra) ion 734 Auditor to certify rate required .... 735 State custodian ;collectio!i; payment 736 Money, how disbursed 737 When registered bonds mature and are not paid 738 Entry of payment. 739 Fees; collector’s bond 740 Bonds, by whom executed 741 Railroads Municipality not subscribe to or aid.p. 12 Pre-requisite of grant of way on street % cl. 90, 65 Property condemned for; fee in owner subject to use p. 1 Power to provide for location, grade and crossings cl. 25, 65 to regulate fencing etc. and re- pair cl. 26, 65 to extend street across or sewer under track cl. 89, 65 In city etc. subject to overflow, as- sessable for improvement 308 Speed on street, regulation of .cl. 21, 65 Flagmen, power to require. . .cl. 27, 65 Grades, regulation of cl. 27, 65 Ditches, drains, sewers, culverts, power as to cl. 27, 65 Boards at crossings . ... 742 Bell and whistle; crossing 74S Index. I!k; Railkoads — Continued. beg. Starting train without signal 744 Approaches at crossings 745 Neglect to make etc. crossings; notice 746 When company neglects, authori- ties to construct 747 Company; penalty 748 Draw bridge; railroad crossing 749 Ihiilrojid crossing on same level. . . 751 City engineer to examine system.. . 752 Not to obstruct highways 753 Spe(Ml through cities etc 754 Flagmen; shelter 755 Penalties 756 Ram Not to run at large 234-7 Receipt Treasurer give for money paid 105 Recording Law City register’s records incorporated wdth recordei’s record 14 On organization under general law; record entry and canvass of votes. 13 Ordinance disconnecting territory to be recorded 262 Record of town plat etc. required. . 680 Effect of recording town plat etc. . 681 Vacation of town etc. plats 684-6 Record of plats of highway ... 687 Penalty, sale of lots in city etc. ad- dition etc. before record made... 683 Consent to erect telegraph poles in streets etc. to be recorded 897 Record of indorsed bonds of drain- age district 306 Library incorporation, certificate of organization 649g election to membership 649h Records — Municipal Election— Registration, see . Incorporation under general law. . . 3 Entry of organization under general law, recording of 13 Town organized as city, entry on. . 7 Of territory annexed to city etc 251 Proceedings of council, mode of . . . 41 Appropriation of money 42 Council enter on, result of canvass of votes 60 Of city court disestablished 300 Driveways and park district 673e Of house of correction, public 608 to be kept 608-9 inspection of 608 Of school board required 836 Schools; inspectors in cities not over 100,000 862b Proof of 588-90 False certificate, penalty 591 Mayor’s powder to examine 25 Records — Municipal — Continued, sec. Forms. Of canvass of vote of city to organ- ize under general law 927 Order submitting question, town to reorganize as village 1007 Proceeding, city or village incorpo- rated as city 933 Result of election to organize con- tiguous territory 930 Submisson to vote, question of mi- nority representation 943 Journal of proceedings 941 Register of votes, act of ’91 390 certificate to, act of ’85 391 Verification lists 393 Orde r submitting to vote, town to reorganize as village 1007 Redemption From tax sale 784-91 From sale for special assessment. . . 171 Of certain male animals at large taken up 235 Registration Elections, see . Of bonds issued by municipality. .734-8 Remedy New, given by general incorpora- tion law, cumulative 12 Owner not constructing sidewalk. . 873 Of holder of bonds for filling etc. lots etc. in city etc. subject to overflow 311 On damage by construction of works of sanitary district 336 Violation of law as to discharge of sewage 338 Defect of construction of sanitary channel 344 Rendering House Power to locate and regulate. .cl. 81, 65 Residence Not given by stationing soldier etc. at a military post p. 7 Resin Power to regulate and prevent stor- age of cl. 65, 65 Revenue Property exempt from taxation. 757, 880 Rules for valuing personal property 758 real estate 759 Certificate of rates, in cities etc 760 How to pay over taxes collected . . . 761 County clerk’s certificate to county collector 762 Collector’s settlements with cities etc. 763 Collector’s final settlement for local taxes 764 Advertisement, for judgment & sale. 765 Index. 497 Revenue — Continued. sec. Proceeding' against real estate for ])ersonal tax 766 Figures etc. used; advertisement.. 767 When application for judgment made etc 768 Copies of advertisement; printer’s fee 769 Error in advertisement 770 Delinquent list; form 771 Tax may be paid before sale 772 Payments reported; lists corrected. 773 Process for sale of delinquent land. 774 Entry of sale; redemption 775 Forfeited tracts noted 776 Sale and redemption record 777 Manner of conducting sale 778 How sold 779 Forfeiture to state 780 Payment by purchaser 781 Certificate of purchase 782 Index to tax sale books 783 Time of redemption; amount 784 When purchaser suffers land to be sold again 785 Books etc. evidence 786 Sales in error; entry 787 Purchaser at erroneous sale, paid back 788 Effect of receipt of redemption money 789 Notice 790 Affidavit; evidence; notice 791 Collector’s April payment to local authorities 792 To pay cities etc. every ten days . . 793 Apportionment of special assess- ments payable in instalments. . . . 794 Uniformity of taxation restored.. . . 795 City may buy in at sale 796 Rebate when property destroyed . . 797 Reduce or release tax or assessment. 798 City empowered to refund tax ille- gally collected 799 When warrants may be drawn on county treasurer etc 800 May be issued in anticipation of taxes 801 Forms. Ordinance assessing and levying tax 979 County court’s clerk’s certificate of judgment of delinquent land. . . . 774 Collector’s account of 773 Warrant, drawn on treasurer 978 Rewards Application of, given to police .... 697 given to firemen 712 Riot Power to prevent and suppress. cl. 72. 65 Riot — Continued. sec. Police suppre.ss 92 Mayor call out militia and posse 27 Ci.y or county liable for damages. 802 Action, how brought; judgment.. 803 When recovery may be had 804 Action by pany against rioters . . . 805 by city or county against r.oters. . 806 Claim for damages ; when action to be brought 807 When city or county settles claim. . 808 River Chicago River ; Des Plaines River, see . Jurisdiction of city over .74-6 Power of city etc. to lease ’andings and levees 623-4 to protect site from overflow. .625-33 to cause paving etc. of landings. 634 Roads and Bridges Extension an I collection of tax levy.809 Road tax, as to city etc 810 License and regulate or acquire 592 Acquire, construct and maintain... 593 Control bridge and road approaches 593a County assest in acquiring 593a Injury to bridge, penalty 811 Routs Power to prevent and suppress cl. 72, 65 I Runners Power to license, tax, regulate and restrain cl. 43, 65 Form. License 967 S. Salaries Compensation, see . Sale of Property City etc. may sell ; when and how. 813 Ordinance to be passed, bids taken. 814 Deed, how made...' 815 Saloon iSpiRiTUOUS Liquors, see . Sanitary District Drainage and Sewerage, see . School House Doors to open outward 726 Penalty 727 Schools Exemption from taxation ...cl. 1,757 District warrants on treasurer . . 800-1 Power to issue bonds and fund old debts 729. 731 Power of directors 816 Index. 4!)8 St’iiooLR — Continacd. Ollicor to be without interest in con- tract CiTiKH AND VILLAGES, iiot Under special charter, subject to gen- eral law Board of education, how consti- tuted; membership President; election; term of office. duties of Members annually elected Notice of election; form of Failure to give notice Election, liow conducted First election, under this act. . . . Powers and duties of board Expenditure of money decided by yea and nay vote Powers exercised only at regular or special meeting 828, Title to realty vests in school trus- tees, in trust. To sell proi)erty vote of two- thirds of all aldermen elected required Moneys held as a special fund, subject to order of board Schools under special charters may adopt this act; proceed- ure Organization hereunder; elections Boards in cities of over 100,000 inhabitants; term of office; pres- ent incumbents Membership; eligibility Officers and employes; duties and compensation Record of proceedings. Power and duties of board, when city council concurs Powers of board Duties of board Title to realty vests in city coun- cil, in trust Assumption of school debt on an- nexation of territory Apportionment of school debt on annexation of territory Moneys held as a special fund, subject to board’s order Expenditures confined to speci- fied receipts 'and appropria- tions Board exclusively governs schools Fines and forfeitures, disposal of 600, "Wrongful use of funds Use of fund in aid of sectarian- ism Exclusion of child, for color, etc. Statute, how to be construed. . . . Judgment; execution; mandamus Schools — Continued. sec. Comiiensation not allowed 80I Ollicers hold over 8.>2 School directors; appointment.. 8od I low appointed 854 Board, organization of; powers.. 855 Tax for school i)urposes 856 Board of education, city not over 20,000 857 ScuiooL INSPECTORS, city not over 100,000 862 control of annexed district 862 City debt, for, assumption of. . . . 861 Compulsory attendance 862d Museum in park, school children enter free 678p Town divided; district not changed. 265j Power to CONVEY property to school officers 863 Non u.ser; reversion 864 Trustees, under special charters, to account and cease 865 Repeal 866 Realty may be conveyed for school purposes 867 Election, town etc in city 867a how conducted 867b officer’s neglects 867c Expense of election of trustee, how paid.. 8G8 Expense of election of directors, how paid. 869 Tax levy 870 Notice of election to adopt law of 1889 831 President board of education 822 Seal Of city; right to change 10 City courts may have and alter. . . . 281 Sanitary districts may have and alter 320 Village adopt and alter 215 Clerk custodian of corporate. ... 88 Of municipality attached to bond issued 741 Seaman Not a resident because stationed here .p. 7 Second Hand Dealers Power to tax, license and regu- late cl. 95, 65 Licenses; application of a per cent- age of receipts 697 Secretary of State Register organization of city ..... 13 Certificate on proceeding to change name of city etc 272 Duty to record names of cities etc. 273 Order changing name of city filed with 276 SEC. .p. 8 817 818 819 820 821 822 823 824 825 826 827 840 829 42 830 831 832 833 834 835 836 837 838 839 840 241 245 842 843 844 845 846 847 848 849 850 Index. 499 Secretary of State — Continued, sec. Notice of proposed change of town or village name, filed with 279 Library incorporation, statement for. filed with 649f Certificate of organization issue. . .649g Form. Record of incorporation of town or village as city, to be filed with.. . 933 Servant Power to prohibit sale of liquor to cl. 48, 65 Sewers Drainage and Sewerage, see . Locate, cleanse or abate . . .cl. 84, 65 Regulate construction, repair and use cl. 29, 57, 65 Territory annexed; system con- tinued, how 257 Cost divisible into instalments 197a bond issue, negotiation, payment. 197b Town divided, joint user. 265h Forms. Ordinance for construction of 990 drains in to 989 Bond, instalment of cost . .197b Sheep Power to prohibit, running at large, cl. 80, 65 at large; prohibition 237a Sheriff Serve process or arrest 73 Alien or non resident not act as depiitv cl. 68, 66 Prisoner, conveyance of ........ . 92a Duties as to city court 287 Remove obstruction to view of bal- lot box 421 Post notices of election 502 Shops Regulate use of lights in. cl. 65, 65 Shows License, tax. regulate etc cl. 41, 65 Sidewalks Powers as to cl. 7, 65 Use of space beneath cl. 14, 65 Kept free from snow etc . . ..cl. 14, 65 Injury to, penalty 811 Recovery of penalty 812 May be built by special tax 871 Ordinance to so build, contents 872 Owner not constructing; procedure. 873 Failure to collect tax; apply for judgment 874-5 Owner building; order issue to him. 876 Sidewalks— Continued. sec. Forms. Order for constructing 980 Inspector’s return for assessment. . 981 Commissioners’ report of cost 982 Order approving comm’rs report.. 983 Signs Regulation on streets cl. 17, 19, 65 Railroad, at highway crossing. . . . 742 Snow Sidewalks, to be kept clear of cl. 14, 65 Soap Chandlery- Power to locate, cleanse or abate, cl. 84, 65 Soap Factory Power to locate and regulate, .cl. 81, 65 Soldier Not a resident because stationed here.p.7 Sparrows Bounty for killing 870a Special Assessment Municipal improvement maybe by.p. 8 Damage by, allowed p. 4 For local improvements 131-97 Funds to be kept separate . . 110 How to be paid out 110 Improvements by, authorized 131 Ordinance to specify mode 132 Property taken etc. ordinance pro- vide for compensation 133 petition filed to ascertain compen- sation 134 form of petition. .. . 135 summons, publication, notice.... 136 hearing, jury 137 jury ascertain compensation 138 new pirties, how made 138 view of premises 139 finding 139 verdict recorded and judgment. . 140 new parties brought in 140 party’s interest ceasing 141 no delay on ques ion of ownership 142 ownership disputed etc. deposit of compensation 142 persons under disability 143 appeal from judgment 144 amount of judgment deposited. . 144 compensation paid or deposited, order for possession 145 bond given on appeal, order for possession 145 Improvement by general tax, cost added to appropriation ordinance. 146 special tax, levy etc. as for special assessment 147 5(H) Index. Special Abhehsmknt — C ontinued. sec. proceedings 148-81 Ordinance, contents of 149 Sidewalk building, laud owner has 15 ilays to do it 149 Estimate of cost, how made 150 approved, petition filed to assess. 151 Petition, form of etc 152 Oomrnissioners to assess 153 duty 154 Assessment roll, return of 156 notice of, to persons interested... 157 notice of, not in time, continu- ance 169 objections may be filed 160 no objections filed, judgment . . . 160 hearing, jury, verdict, judgment. 161 case has precedence 162 modify, alter, annul, confirm or re-cast 163 judgment several and a lien 164 roll and judgment to city clerk. . 165 warrant to collect 165 form of 166 collector’s notice, form of 167 mode of collecting 168 delinquent list to county collector 169 application for judgment and sale, defenses 169, 170 returns of sales 171 redemption from sale 171 return of sale after payment made, liability 172 payment over of moneys collected. 172 general law of state applies 174 city or village may buy at tax sale 175 annulled, new may be made 176 insufficient, supplemental made. . 177 new, against delinquent property, when 178 contracts payable from, so col- lected 179 Contracts, how let and approved. . 180 Lien of special assessments 181 Rebate, if collection too large 177 Collection by suit, how 182 Supplemental petition to assess benefits 183 Damages, payment of 183 Article 9 (§§ 131-197), separate adop- tion of 184 Assessments divisible into instal- ments 185 Instalments may be paid before matured 186 Ordinance to collect by instalments 187 Assessment roll, contents of 188 notice of, contents 189 Confirmation include all instal- ments 190 Warrant for collection; contents.. . 191 I Special Assessment — C ontinued, sec. Procedure for judgment on instal- ments 192 Payment for improvement made by instalments 193 Vouchers accepted, payment only from collections 194 Surplus collected, refund 195 Damages awarded on condemna- tion, city may advance 196 Assessment not yet confirmed, may be ordered payable by instalm’ts 197 instalments, number and amounts of 197a bond issue 197b Apportionment of, on property sub- divided 794 Property destroyed; reduction or release of 798 On annexation of territory, collec- tion and use of 243 street improvements not stayed. . 247 opening streets not arrested .... 248 sewerage and drainage 257 Pleasure driveways 883 Pleasure driveways and park dis- tricts, acquire lands by. . . 673h Hydrants, water supply pipes etc. . 912 payable in instalments 915-7 Cities etc. subject to overflow may improve by 304 Made for drainage; bonds may is- sue 306 how paid 307 Power to erect drainage works by. 312 349 Improvements of sanitary district may be by 330 Cost of right of way for such im- provement included in 336 Town divided, improvements not stayed 265g Forms. Contractor’s release of city, as to liability 193 Sidewalk, ordinance 980 Inspector’s return for assessment. . 981 Commissioners’ report of cost 982 Order approving commissioners’ re- port ... 983 Water service pipe; ordinance to lay 984 Commissioners’ report as to cost. .985-6 Order approving that report 987 Certificate of work done by owner. 988 Drains; ordinance to construct. . . 989 Sewer; ordinance to construct 990 Street; ordinance to improve 991 engineer’s estimate of cost 992 certificate, work done by owner. . 993 ordinance to improve where pro- perty will be taken etc 994 Index. 501 Special Assessment — Continued, sec. application to assess damages 995 Assessment roll 997 commissioners’ certificate 998 notice, application to confirm... . 999 certificate of publication 1001 commissioners’ oath 996 | affidavit; posting notices 1000 | of commissioner’s, as to notice. . .1002 bonds, instalments of cost 197b Voucher to contractor 1003 in abatement to owner 1004 Contract to perform work 1005 Special Taxation Taxation, Special, see . Spirituous Liquors Power to license, regulate or pro- hibit sales cl. 46, 65 Jurisdiction over sale of. on waters. 76 Grant of permits to druggists to sell cl. 46, 65 Ordinance of territory annexed pro- hibiting, in force until 255 License to sell, grant of 650 Permits to druggists 650 County board not license sale in | cities etc 651 License to sell malt liquors 652 violation of, penalty 652 Saloon bond, how taken and sued on 653 Proceeds of licenses to sell 697 Power to forbid and punish sale or gift to minors etc., insane or in- toxicated persons etc.. cl. 48, 65 Use of, at place of election or reg- I istration forbidden 380, 467 Penalty 467 Forms. Druggist’s permit to sell liquors . . . 966 Bond for grocery 962 saloon 963 License for saloon 968 Stable Locate, cleanse or abate cl. 84, 65 Regulate use of lights in . . ..cl. 65, 65 Stallion Horse, see . Not to run at large 234-7 State Institutions Property of, not to be taken for other public use 587 State’s Attorney Duties as to city court 287 Salary of’ in city court 303 Statutes Agriculture ; marketing products. . 227 Aliens ; employment in public ser- vice 228-33 Statutes— C ontinued. sec. Animals at large 238-7a Annexing and excluding territory. 238-65 Arrest; power of n. 15, 90 Bribery n. 3, 86 Cemeteries 269-70 Change of name of municipality. .271-9 Circuit court; adjournments, .n. 1, 290 interchange of judges n. 1, 285 City courts 280-303 Conservation of the peace n. 2, 22 Drainage and sewerage 304-50 Elections 351-570 mode of township n. 4, 50 Eminent domain 571-87 Evidence 588-91 Ferries and bridges 592-5 Fire escapes 596-600 Horse and dummy railroads 601-4 Hospital in city 604a Houses of correction 605-21 Incorporation of cities and villages. 1-226 act amended, 1879 n. 1, 14 act applies, when 6 Insurance 622 Landings and levees 623-37 Levees and embankments 637a Libraries, public 638-49 Liquor law 650-3 Name ; change of corporate 271-9 Officers 654-5 vacancy in office n. 1, 19 contract in excess of authority, n. 1, 102 malconduct or misfeasance. . .n. 1, 28 embezzlement n. 1, 107 non accounting to successor, .n. 6, 83 Oil inspection 654-65 Ordinances ; violation, imprison- ment ..... 71 jurisdiction to enforce 45a Parks, now under control of cities. 674-8 Perjury n. 1, 591 Plats.. 679-87 Police, aliens or non residents.cl. 68, 65 Police and fireman’s fund 688-725 Prisoners, conveyance of 92a Public buildings 726-8 Railroad aid and other bonds. . . .729-41 Railroads 742-56 Revenue 757-801 Riot 802-8 Roads and bridges 809-12 Sale of property 813-5 Schools 816-70 Streets 871-95 Taxation, jurisdiction of 45b Telegraph companies 896-900 Tenement and lodging houses, cl. 62, n. 3, 65 Town, division of 265a Index. 50 :^ Statutes — C ontinued. sec. Township organization 901-7 Waterworks . .908-22 Steam Boilers Hoii.Eits, see. l\)wer to provide for inspection of, cl. 67, 65 to examine, license and regulate persons in charge of 65 Stolen Property. P oceeds of unclaimed 688, 697 Stove Power to prevent dangerous con- struction of cl. 63, 65 Stove Pipe P wer to prevent dangerous con- struction of cl. 63, 65 Streets Power to open, alter, grade, im- prove, vacate etc cl. 7, 65 Plant trees on cl. 8, 65 Regulate use of. .cl. 9, 65 Encroachment on or obstruction of, prevention cl. 10, 65 Lighting, provision for cl. 11, 65 Opening, for gas and other pipes etc...... .. cl. 13, 65 Cleansing, provision for cl. 12, 65 Sidewalks, use of and space be- neath cl. 14, 65 OlTensive matter on, injury to; pre- vention . cl. 15, 65 Cross-walks, curbs and gutters, regulation of cl. 16, 65 Use of signs, awnings, posts.etc.cl. 17, 65 Banners, placards, hand bills etc. on. regulation of cl. 18, 65 Flags, banners or signs across, regu- lation of cl. 19, 65 Traffic and sales on ; regulation of, cl. 20. 65 Animals ; speed of .cl 21, 65 Railroad locomotive; speed of, cl. 21, 65 Numbering of houses and b ts, regulation of cl. 22, 65 Name of, power as to cl. 23. 65 Horse radway, power to permit, prohibit or regulate cl. 24, 65 Extend street across or sewer under railroad track cl. 89, 65 Prevent hoop trundling, ball play- ing etc ... .cl. 92, 65 Compel labor on or commutation. . 77 Create superintendent of 80 SiDEW'ALKS by taxation. . . .^ 871 What ordinance may provide 872 In case owner neglects to con- struct 873 Special tax; duty of clerk; report. 874 Streets — C ontinued, sec. General officer to obtain judg- ment ; by what law governed. . 875 When constructed by owner. . . . 876 Vacation of streets etc 877 Rights of adjoining owners 878 Right of U. S. to purchase or con- demn 879 Jurisdiction ; exemption from taxa- tion 880 Street or alley closed 881 Drives to public parks. 882 Taxes; specinl assessments etc. . 883 Control by park commissioners. . 884 Reversion, when 885 City etc. may grant control to park commissioners 886 Pleasure driveways, when estab- lished . 887 How laid out etc 888 Control thereof 889 Improvement etc., special tax or assessment 889a Lake, extension on. 889c Use by horse and dummy rail- road ; consent essential 603 Consent subject to police power., 604 Use by elevated railroad... 890 When street more than one mile. 891 Annexation of territory not stay improvement or opening 247 Division of town not stay 265g In city etc. subject to overflow, raising grade of 304 Railroads (steam and horse) asses- sable for 308 Flagmen at railroaJ crossings . . 755 City's consent to erect telegraph poles required 897 Poles were placed . . 898 Prisoner, conveyance on 92a Prohibited publications 893-5 Exhibition thereof on street 893 Sale thereof by minors 895 Forms. Ordinance to improve 991 where property is taken etc 994 Engineer's estimate of cost 992 Applioat'on to assess damages 995 Certiflcate of work done by owner. 993 Oath of commissioners to assess damages 996 Street Railroad Horse Railroad, see. Suffrage Elections, see. Who may vote p. 7 Voter, at city election 58 Summons Ordinance, see. Index. m Superintendent of Police Sanitary police, subject to 344a Prisoner, conveyance of 92a A commissioner of police pension fund 698 Superintendent of Streets Council may create the office etc. .. 80 Supplies To be furnished by contract, .cl. 94, 65 Supreme Court Appeals from city court lie to 297 Writs of error to city court run 297 Surety On official bonds, rele iseof. when, 055-6 Right to effects of principal, when. 657 Suit on official bond against 658 Execution on judgment against ; levy 659 Surveyor Certify to town plats, additions etc 679-80 Swine Power to prohibit, running at large .cl. 80, 65 At large ; prohibition 237a T Tallow Chandlery Power to locate and regulate, .cl. 81, 65 to locate, cleanse or abate, .cl. 84, 65 Tanneries Power to locate and regulate, .cl. 81, 65 Tar Power to regulate and prevent stor- age of cl. 65, 65 T axation — State Municipal property may be ex- empted p. 8 No release from or commutation of.p. 8 T axation — Municipal Revenue ; Schools, see . Jurisdiction as to 45b No exemption save under general law ... 130 Free library incorporated on dona- tion exempt .649h Taxes must be uniform p. 8 Council levy and collect for gen- eral and special purposes . . cl. 3, 65 County clerk extend on county col- lector’s books 122 Officer not to be interested in sale for 85 Assessment and collection of ...122-30 Levy and collection, mode of 122 limit; appropriation, tax books. 122 Taxation— Municipal— C ontinued, sec. All cities assess and collect as by §^ 122-30 123 Rate of taxation 124 Mode of collection thereof 125 Collector pay over to treasurer weekly . 126 City limited as to receipt of surplus. 127 drawback 128 Tax for particular purpose in- cluded in total assessment. . . 129 disbursement of 129 uniformity of taxation 130 Annual levy include territory an- nexed 242 Collection of, not stayed by annexa- tion , 243 Apportionment of levy, when part of city etc. annexed 246 Territory disconnected, no exemp- tion from 261 Power to improve by general 131 Ordinance prescribe it, when adopted 132 Improvement by general, cost in- cluded in appropriation ordinance 146 On net receipts for insurance 622 Hospital fund, election as to. . . . .604c annual levy 604b, c Library building, levy for 649a Library fund ; levy and limit 638 in village ; town ; townsh p 647 Park existing; maintenance 678a additional annual levy 678o annual appropriation for sinking fund and interest ... .678c Park and boulevard, purchase of lands, cities 25,000 to 100, 000.. 678k Park on lake ; additional tax 678j Pleasure driveways and park dis- trict. acquire lauds by 673h maintain by 673h Road ; extension and collection of . 809 as to citv, etc. 810 Sanitary district ; to pay bonds of. . 327 levy of by ' 329 may anticipate, by b mds,. 332 School inspectors, city less than 100,000 362a Sewerage fund tax 345 Town (iivided, lax of current year. 265c tax of prior lew 265c Water fund and light tax 922 Water supply; to meet contract for 919 Water works ; levy and collection of 909 lease or purchase of 914b Form. .Ordinance, assessing and levying tax 979 Index. j(M Taxation— Special sec. SrK('i.\ii Assessment, fiee. Miinicipal im})roveineiit may be by.p. 8 l^ower to make irniirovements by 181 Ordinance prescribed, when system adopted 132 Improvement by ; proceeding as by special assessment 147 City etc. subject to overflow may improve by 304 issue bonds to improve. . 306 Bonds to improve, how paid 307 Sanitary district, improvement may be by 330 Levied in territory annexed to city etc., collection 243 Sewerage and drainage on annexa- tion of territory 25T Sidewalks may be built by 871 Collection of such tax 873 Ajiplication for judgment thereon. 874-5 Telegraph Eminent domain ; exercise of right of 896 Right of way granted 896 Poles on streets, roads etc. ; con- sent required 897 in streets, etc., outside of city etc. 898 Injury to poles etc. , penalty 899 Attachment to building, no pre- scriptive right 900 Tenement House Statute regulating. ... cl. 62, n. 3, 65 Theater Power to license, tax, regulate etc cl. 41, 65 Doors to open outward 726 Penalty 727 Tobacco Power to provide for inspection of, cl. 53, 65 Toll Bridge Power to establish, license, regulate and fix tolls cl. 87, 65 Town Police etc. Fund ; Revenue ; Village; Water Works, Jurisdiction, land suits ordinance, to enforce , Ohio river 45b 75 polipo 90 taxation watercraft .... 45b 76 water supply Laying out of, or addition to ; recorded 199 plat 679 How to become a city 4 Trustees act as to election 4 'I'owN — Continued. SEC. Organizing as city ; trustees call election of officers 7 Trustees appoint judges and clerks. 7 canvass returns. 7 Alderman may be elected on gen- eral ticket 7 Organization entered on records... 7 Organized as city, ordinances in force until It legal identity not changed 1.1 Organization as village 207 Change name of, procedure 271-2, 274-6 Circuit court change name, when. . 27^ A police district 91 Officers of, commissioners of police fund 698 Fireman’s pension fund, how created 709 Trustees named. . . 710 Animai.s, domestic at large ; pro- hibition 237a violation, fine 237a restraint and damages 237a Bonds ; power to issue on old debt, Issue for deferred special assess- ments 197a amount, interest etc 197b payimuit, option etc I97b assessment payable in 197d contractor may receive 197b cancellation 197d Trustees, corporate authorities to issue special assessment 197c Dividing lands on border within, as new town 265a petition, to county judge 265a several ; first filed, first acted on, 265b election, when 265a notice of 265a canvass; filing of 265a officers, election of.. 265a notice of 265a terms of 265a taxation of current year 265c tax of prior levy, pro rata to new town 265f municipal property within towns.265d division of 265e debts, division of 265e how determined 265e improvements not stayed 265g proceedings for not arrested. . .265g assessments or tax for, how used 265g sewer, water works or light sys tern ; joint user 265h offices, vacancies when 265i justice or police magistrate con- tinued 265i Index. Town — C ontinued. sec. school districts etc. not altered.. .265j Election ; may adopt law of 1885. 364 Eifect of adoption 479 House uailway ; consent to locate required 603 Consent subject to police power. . . 604 House of correction ; may con- tract for county to use 612 Landings and Levees power to lease 623-4 protect site from overflow by. .625-33 cause grading, paving etc. of levees at landing places 634 abate stagnant watei on low lands. (>35 Levee or embankment, cutting or destroying . .637a punishment 637a excepted purpose, drainage 637a Library, incorporation on basis of donation 649e Library, public; establishment of. 647 Liquors ; license to sell 650 malt 650, 652 permit to druggists to sell 650 Oil inspector ; trustees appoint. . 666 Parks etc. ; power to vest control in commissioners 677 existing; bonds for improvement. 678a tax levy to maintain 678o on lake, bonds for protection of shore line 678g pleasure driveways to 882-9 and parks, incorporation 673a museum building in 678p Police, non-resident not made special cl. 68, 65 alien cl. 68, 65 violation, penalty cl. 68, 65 Police magistrate ; elect, when . 225 Railroad; starting without signal. 744 speed of ; penalty etc 724 Schools; board of education, town not over 20,000 857 election of, when 857 procedure to effect change 858 powers of board 858 Compulsory education, attendance required 862d violation of act, penalty 862e truant oflScers 862f prosecutions ; excuses 862f recovery of fines etc penalty . .862h ^evasion of statute^ ^ Streets; vest control in park board, when 886 pleasure driveways, establish- ing 887-9 Tax ; assess and collect under 122-30 128 Road tax, as to 810 May buy at tax sale 796 Town — Continued. sec. Exemption from taxation, .cl. 6, 8, 9, 757 Rebate of tax on property de- stroyed , 797-8 Warrants on treasury, when drawn 800-1 Limit of receipt of surplus tax. . 127 Limit of receipt of drawback.. . . 128 Telegraph poles ; consent re- quired to erection of 897 Forms. Record of call and notice of elec- tion when organized as city. . . 931 of proceeding on incorporation as city 933 Notice of election on incorporation as city 932 Petition to reorganize as village 1006 Order, submitting question to vote. 1007 Township Organization Organizing territory of a city as a town 901 Territory of an organized city, when deemed a town 902 Election of town officers 903 Power of town vested in city coun- cil 904 of council, as to officers 905 to regulate number of justices. . . 906 City council fill vacancies in office. 907 Treason Not cognizable in city court 280 Trespass By certain male animals ; liability.. 236 Trustees City Drainage and Sewerage ; Illinois and Michigan Canal ; Police etc. Fund; Village, see . Trustees of Village Corporate authorities, to issue special assessment bonds 197c Election to organize 215 term of limited 215 of six, terms of 215 annual election 221-2 special election 222 classification of 215 President of, election 215 word “ mayor” in act apply to... 215 Duties and powers 217 with president, as common coun- cil 217 Officers appoint 219 duties, fees and bonds fix 219 Disability as to other office 663 Bribery of 664 punishment 665 Tax levy, mode of 122 r^lO Index. TiaiRTEEs OP Village— C ontinued, bec. limit of 122 ai)i)roj)riatioii ordinance 122 Tug Boats I^)W(*r to license, regulate and pro- hibit cl. 85, 65 Tunnels Power to construct, repair and regu- late use of cl. 28, 65 Turpentine Power to regulate and prevent stor- age of cl. 65, 65 U. United States Exemption from taxation . . cl. 4, 757, 880 Purchese or condemnation of lands. 879 Jurisdiction thereof concurrent with the state. 880 Right of exclusive legislation 880 Vacation of streets etc. for 881 Use of house of correction by, when 618 V. Vagrants Power to restrain and punish.. cl. 74, 65 Vaults Power to regulate construction, re- pair and use cl. 57, 65 Vegetables Power to provide for inspection of, cl. 53, 65 to regulate sales of cl. 50, 65 Venue Change op Venue, see . Of proceeding to condemn private property 572 to ascertain damage by work of sanitary district 333 Veto Power, how exercised etc 47 Viaducts Power to construct, repair and regu- late use of cl. 28, 65 Village City Council; Police etc. Fund; Revenue ; Special Assess- ments ; Schools ; Taxation, Special ; Water Works, see . Jurisdiction, territoral 45 law suits 45b ordinance, to enforce. 45a police 90 taxation 45b Village — C ontinued. sec. • watercraft 76 water supply 199 Laying out, addition to or subdivi- s on of to b • recorded 679 A ])olice district 91 How to become a city 4 Trustees act as to incorporation as city 4 Incorporation, laws not inconsist- ent still in force ... 6 General incorporation law applies, when 6 Organization of 207-26 by incorporated town 207 Petition, election and notice of. . . . 207 Vote as to incorporation under gen- eral law at general or special election 1 Who vote ; ballots, form of 208 Change from city to village 209 Returns of election, canvass, record of result . . 210 Organization voted, due incorpora- tion 211 Courts take notice of organization under general law 6 Town officers act, until successors qualified. . . 211 New organization of territory, how. 212 Petition, election, returns and can- vass 213 Record entry and canvass of votes, on organization to be recorded. . 13 Same filed with and registered by secretary of state 13 Deemed organized, when 214 Organized as city ; property vests in 12 Liabilities remain 12 New remedies, cumulative 12 Election of officers 214 Trustees, number and election and term of 215 Disability of trustee as to other office 663 Bribery of trustee ; interest in con- tract 664 Penalty 665 Powers of trustees 65 Corporate name 215 General powers. . . 215 Election of president of trustees, term, duties 216 President ; powers ; compensation . 217 Ordinances, style of 218 Officers, appointment of ; duties and fees, how prescribed 219 Bonds, of officers 219 Constable, powers of 220 Annual election 221-2 Special election to fill vacancies. .221-3 Index. 5()7 Village— Coutiaued. sec. Who entitled to vote 53 Tie vote, for officer, determined by lot 61 Special election 63-4 Violations of ordinances, prosecu- tion 223 Fi’ies, paid in to treasury 223 Police magistrate, election and term 224 No incorporation under prior laws. 226 Change of territory; courts notice. 263 Change of name, procedure. 271-2, 274-6 Circuit court change name, when. . 279 Annexation of one to another, pro- cedure 238 Annexation of parts etc. , procedure. 239 Annexation of whole or part 240 Assumption of debts, etc 241 Annual tax levy, to include annexed territory 242 Taxation, not stayed by annexation, disbursement 243 Pending actions 244 Part of village annexed; apportion- ment of debt; title to property 245 annual tax levy apportioned 246 On annexation, street improvement continued 247-8 Ox part, residue has use of water works and light 249 submission of matter disputed . . . 250 transfer of records etc 251 officers, vacancies and retention . 252 licensing dram shops, regulated. 255 representation in council; wards. 256 sewerage and drainage 257 Territory annexed to towns (1877) may be annexed 258 Disconnecting territory, procedure. 261 Alien; employment of forbidden.. 228 Treasurer paying public funds to alien employe, liability 230 Animals at large, prohibited 237a Bonds; issue of to meet maturing debt 729, 731 Census; power to take, when.. cl. 85, 65 ' Elections; adoption of law of I 1885 364 Effect of adoption 479 : Finances of 99-121 Fiscal year, commence, when 99 Fines and Penalties, impose. . . 78 Fire escapes; power to compel erection of 596-9 Fire limits; power to prescribe. . . cl. 62, 65 Power to tear down or remove wooden buildings cl. 62, 65 Health; jurisdiction of 45 Horse railway; none without con- sent of p. 12 Village — C ontinued. sec. Location of, consent required 603 Consent subject to police power. 604 House of correction; may con- tract with county to allow use of 612 Landings and levees; power to lease 623-4 to protect from overflow 625-33 to compel grading, paving etc. of levees at landing places 634 to abate stagnant water 635 Levee or embankment, cutting or destroying 637a Library, incorporation of 649e establish and maintain 647 Liquors; license to sell 650 Malt 650-2 Permit to druggist to sell 650 Officers; qualifications of 84 Duties of clerk 88 of collector 111-4 of comptroller 115-7 of treasurer 103-10 Trustees, compensation of 94 Trustees appoint oil inspector... 666 Certain officers, conservators of peace 90 Territory of, a police district 91 Powers of police within 92 Non-resident or alien not. ..cl. 68 65 Ordinance; when in force 67 Appropriation ordinance 100, 122 Limitation on expenditures 101 Expenditure on emergency 101 No contract without prior appro- priation 102 Parks etc.; power to vest park boards with control 677 existing, bonds to improve. . . .678a tax to maintain 678o on lake, bonds for shore 678g Museum building in 678p Pleasure driveways and parks, incorporation 673a Property; power to sell and con- vey 813-5 Railroad; starting without signal. 744 speed, penalty etc 754 Roads and bridges; license, regu- late and control 592 acquire, construct etc. bridges. . . 593 control bridges and approaches. .593a Schools; compulsory attendance. .862d Sparrows; bounty act 870h Streets; power to compel labor on or commutation 77 Power to vest control of streets in park boards 886 Establish pleasure drives, when. 887-9 Grant way to elevated r’ds, when. 890-1 Tax; exemption from taxation. . . . cl. 6, 8, 9, 757 Ikuex. r)08 Village— Continued. bec. levy and collection 122 Warrants on treasury 800-1 Pass appropriation ordinance, when 100,122 Levy tax amount ascertained 122 All villages assess and collect taxes under sections 122-30. . . . 123 Tax collected by oiiicers to collect state taxes 125 Collector of taxes pay over weekly 126 Limit as to surplus to be paid over 127 drawback to be paid over 128 ' Levy for particular purpose, how I made 129 ! disbursement 129 ! Road tax, as to 810 j\Iay buy at tax sale 796 Telegraph; consent to erect poles 897 Town divided and becoming; use of sewers, water and light 265h Forms. Record, canvass of votes to adopt general law 947 Petition fo/ new organization 1009 Record, proceedings to incorporate as city 933 Petition to reorganize town as 1006 Record, order submitting to vote. . .1007 call for and notice of election to organize as city 931 Notice, election of officers on organ- ization as city 932 to person elected to office 948 of election to fill vacancies, no (piorum in office 949 Appointment of judges and clerks of election in such case 950 Oath of officer 82 Village Clerk Trustees may appoint pro tern. . . . 219 Returns of election deposited with. 60 Notify persons elected or appointed 62 Village Collector Duties of 111-4 Village Comptroller Duties of 115-7 Village Constable • Powers and appointment of 219 Village Treasurer Duties of 103-10 Trustees may appoint 219 Taxes collected in annexed terri- tory paid to 243, 246 Payment of public funds to alien employe; taxation; liability 230 Village Treaburer— C ontinued, sec. Funds raised by, not to be paid to alien employe 228-80 Bonds, special assessment; deposi- tary of cancelled 1975 Vine Grower May sell product without license. . . 227 W. Wards City council prescribe boundaries. . 54 Of annexed territory, liow made up 256 Warehouse Public; where property is stored for hire p. 12 In cities, w^eekly report of things stored p. 12 Warrant — T reasury On treasurer, when drawn. ..... .800-1 On police and fireman’s fund, how drawn 692, 722 To collect special assessments, city clerk issue 165 form of 166 by instalments 191 Treasurer register and report those paid 106 payment, only on 109 Warrant — Criminal Ordinances, see . Police may serve 90 Water Jurisdiction of city etc. as to pollu- tion of supply 910 Water Course Power to cleanse etc cl, 40, 65 to change channel, deepen, widen etc cl. 80, 65 Water Craft Regulation of anchorage, moorage and landing cl. 34, 65 Pow'er to fix dockage for cl. 37, 65 Water Works Power to supply water; letting con- tract ...... . 908 Borrowed money; tax 909 Acquisition of property for works etc 910 Rules; tax; assessment; lien 911 Special assessment 912 Separate fund 913 When act not to apply 914 Assessment for, instalments 197a bond issue for instalments. .197b, 915 Power to contract for water. . . . . 9l8 Tax therefor 919 Grair of poT^•er to secure supply.. . 920 Index. 500 ^Vatkr WoiiKB— Continued. sec. Powers af board; power to raise money 921 Power to purchase or lease 914a borrow money; taxation 914b Water rates, control of 921a Water fund and light tax 922 Part of territory of city etc. an- nexed, residue to have use of. . . 249 Town divided; joint user, 265h Forms. Ordinance to lay service pipe 984 Commissioner’s report as to cost. .985-6 Approval of commissioners’ report. .987 Certificate of work done by owner. 988 Bond, instalment of assessment de- ferred 197b Weights and Measures Power to inspect and seal cl. 65, 65 to enforce keeping of true. ..cl. 56, 66 to tax, license and regulate public scales cl. 91, 65 Wharf SEC. Powers, as to , . .cl. 7, 65 to construct, repair and regulate use cl. 32-3, 65 Licensing, regulation or prohibition of wharf boats and water craft, cl. 35, 66 Power to fix wharfage cl. 36, 66 Whistle Railroad, prescribed and use of 743 Work House Power to establish, erect and regu- late cl. 69, 66 Ten hours labor and fifty cents credit per day 71 Writ of Error Runs from supreme to city court. . 297 Writs Process; Warrants, see . , : ' 'i ;ji '‘V;' 'v ‘ lA? i\- ^ ). . • V >, ■ ' ''^,h V, y I ■' ■ > . ,-i -f-'' ■» I, '‘t’ 'V'^, ‘ *■! -s r n i V ■ i i i VI > 1 . » t.“. y, rj I \ '■ s '-y- - ^ » \ ' •< 53 ^ •y' ' • ■;. ' .: : ■? ^ , % f - .. '■ ’ ■■■■ ■ 'k.3^'