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 REVISED ORDINANCES 
 
 OF THE 
 
 Village of Grape Creek 
 
 PUBLISHED BY AUTHORITY OF THE PRESIDENT 
 
 AND BOARD OF TRUSTEES. 
 
 COMPILED AND ARRANGED BY HENRY J. HALL, 
 
 POLICE MAGI STRATE . 
 
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 DANVIEEE, IIJJNOIS : 
 
 Geo. E. Cockerton, The Printer. 
 1891. 
 

 3^,0773 
 
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 IM I • ’ 
 
 
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 CITIES AND VILLAGES. 
 
 EXTRACTS FROM AN ACT to provide for the incorporation of 
 Cities and Villages, in force July i, 1872. 
 
 64. Publication of Ordinances—When to Take Effect.] 
 § 3. All ordinances of cities and villages imposing any fine, pen¬ 
 alty, imprisonment or forfeiture, or making any appropriation, 
 shall, within one month after they are passed, be published at least 
 once in a newspaper published in the city or village, or, if no such 
 newspaper is published therein, by posting copies of the same in 
 three public places in the city or village; and no such ordinance 
 shall take effect until ten days after it is so published. And all 
 other ordinances, orders and resolutions shall take effect from and 
 after their passage, unless otherwise provided therein. 
 
 65. Proof of Ordinances.] § 4. All ordinances, and the date 
 of publication thereof, may be proven by the certificate of the 
 clerk, under the seal of the corporation. And when printed in 
 book or pamphlet form, and purporting to be published by authority 
 of the board'of trustees or the city council, the same need not be 
 otherwise published; and such book or pamphlet shall be received 
 as evidence of the passage and legal publication of such ordinances, 
 as of the dates mentioned in such book or pamphlet, in all courts 
 and places without further proof. 
 
 66. Suits for Violating Ordinances.] § 5. All actions 
 brought to recover any fine or to enforce any penalty, under any 
 ordinance of any city or village, shall be brought in the corporate 
 name of the city or village as plaintiff; and no prosecution, 
 recovery or acquittal, for the violation of any such ordinance, 
 shall constitute a defense to any other prosecution of the same 
 party for any other violation of any such ordinance, although the 
 different causes of action existed at the same time, and, if united, 
 would not have exceeded the jurisdiction of the court or magistrate. 
 
 67. Fines and Licenses Paid Treasurer.] § 6. All fines and 
 forfeitures for the violation of ordinances, when collected, and all 
 moneys collected for licenses or otherwise, shall be paid into the 
 treasury of the corporation, at such times and in such manner as 
 may be prescribed by ordinance. 
 
4 
 
 CITIES AND VILLAGES. 
 
 68. Summons—Affidavit—Punishment.] § 7. In all actions 
 for the violation of any ordinance, the first process shall be sum¬ 
 mons: Provided , however , that a warrant for the arrest of the 
 offender may issue in the first instance upon the affidavit of any 
 person that any such ordinance has been violated, and that the 
 person making the complaint has reasonable grounds to believe 
 the party charged is guilty thereof; and any person arrested upon 
 such warrant shall, without unnecessary delay, be taken before 
 the proper officer to be tried for the alleged offense. Any person 
 upon whom any fine or penalty shall be imposed, may, upon the 
 order of the court or magistrate before whom the conviction is 
 had, be committed to the county jail or calaboose, city prison, 
 work-house, house of correction, or other place provided by the 
 city or village for the incarceration of offenders, until such fine, 
 penalty and cost shall be fully paid: Provided , that no such 
 imprisonment shall exceed six months for any one offense. The 
 city council or board of trustees shall have power to provide, by 
 ordinance, that every person so committed shall be required to 
 work for the corporation, at such labor as his or her strength will 
 permit, within or without such prison, work-house, house of 
 correction, or other place provided for the incarceration of such 
 offenders, not exceeding ten hours each working day; and for such 
 work the person so employed to be allowed, exclusive of his or her 
 board, $2 for each day’s work on account of such fine and cost. 
 
 69. Jurisdiction of Justices, etc.] § 8. Any and all justices 
 of the peace and police magistrates shall have jurisdiction in all 
 cases arising under the provisions of this act, or any ordinance 
 passed in pursuance thereof. 
 
 70. Constables and Sheriffs May Serve Process, etc.] 
 § 9. Any constable or sheriff of the county may serve any process, 
 or make any arreests authorized to be made by any city or village 
 officer. 
 
 71. Jurisdiction Over Water.] § 10. The city or village 
 government shall have jurisdiction upon all waters within or 
 bordering upon the same, to the extent of three miles beyond the 
 limits of the city or village, but not to exceed the limits of the 
 State. [Amended in 1875; amendment repealed laws 1879.] 
 
CITIES AND VILLAGES. 
 
 5 
 
 An Act to amend Section 9, of Article XI, of An Act to provide 
 for the incorporation of Cities and Villages, approved April 10, 
 1872. In force July 1, 1872. 
 
 PRESIDENT. 
 
 Section. Section. 
 
 1. Amends Section 2, Act 1872, by 2. Emergency, 
 defining the powers of the Pres¬ 
 ident and Board of Trustees, in 
 villages, and fixing the salary of 
 the President. 
 
 Section i. Be it enacted by the People of the State of Illinois 
 repiesented hi the General Assembly: That section nine, of article 
 eleven, of An Act to provide for the incorporation of cities and 
 villages be amended so as to read as follows: Sec. 9. The president 
 of the board of trustees shall perform the duties and exercise the 
 powers conferred upon the mayor of a city, and shall receive as 
 compensation therefor a salary to be fixed by the board of trustees, 
 which salary shall in no case exceed two thousand dollars per 
 annum, and the trustees shall perform the duties and exercise all 
 powers conferred upon aldermen in cities. 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 conferred 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. 
 
 Sec. 2. Whereas uncertainty exists as to the powers that may 
 lawfully be exercised by the presidents of boards of trustees, there¬ 
 fore an emergency exists and this act shall be in force from and 
 after its passage.—[Approved May 22, 1889. 
 
RULES OF THE BOARD OF TRUSTEES 
 
 OF THE 
 
 Village of Grape Creek. 
 
 Section. 
 
 1. Meetings of Board, regular and 
 
 special. 
 
 2. Appointment of committees. 
 
 3. Duty of committee on streets and 
 
 alleys.. 
 
 Section. 
 
 4. Duty of committee on finance. 
 
 5. Fiscal year. 
 
 6. Rules of order. 
 
 Section i. A regular meeting of the Board of Trustees shall 
 be held on the second Monday evening of each month during the 
 year. Special meetings may be called by the President, or by any 
 three members of the Board, whenever in his. or their, discretion 
 it may be deemed necessary, in which event it shall be the duty 
 of the village constable or village clerk to cause each member of 
 the Board to be served personally, or by leaving a copy of the 
 notice at his usual place of abode, with a notice of such meeting; 
 and no business shall be transacted at any special meeting except 
 such as is stated in such notice. 
 
 Sec. 2. Upon the organization of the Board at the beginning of 
 each municipal year it shall be the duty of the President to appoint 
 the following standing committees, each to consist of not less than 
 three members of the Board, viz: 
 
 1. Committee on Streets and Alleys. 
 
 2. Committee on Finance. 
 
 Sec. 3 It shall be the duty of the committee on streets and 
 alleys to keep a general care and supervision over the streets and 
 alleys of said village; to give directions to the street commission¬ 
 ers; and see that all street crossings and sidewalks are properly 
 constructed and kept in repair; to superintend the grading and 
 improvement of streets and alleys, the building and repairing of 
 sidewalks, and, when authorized so to do by the Board of Trustees, 
 to make all contracts in behalf of the village for the building of 
 
RULES OF THE BOARD OF TRUSTEES. 
 
 sidewalks, or the making of any other improvement on the streets 
 and alleys of said village. 
 
 Sec. 4. It shall be the duty of the committee on finance to 
 make all estimates of all appropriations of money necessary to be 
 made for village purposes, and to report the same to the Board of 
 Trustees during the first quarter of the fiscal year. 
 
 SEC. 5. The fiscal year of said village shall commence on the 
 first Monday of May in each year. 
 
 Sec. 6 . The following shall be the Rules governing the Board 
 of Trustees: 
 
 I. The President shall take the chair at the hour appointed for 
 the Board to meet and immediately call the Board to order, and at 
 the instance of any two members present compel the attendance of 
 absent members; and in case of the non-attendance of the President 
 at any meeting, the Board shall appoint one of those present chair¬ 
 man, who shall preside at that meeting and shall be President 
 pro tem. 
 
 II. A majority of the members elect shall constitute a quorum 
 for the transaction of business. 
 
 III. Order of business: 
 
 First —The reading of the minutes of the preceding meeting, 
 unless dispensed with, and their amendment or correction. 
 
 Second —Presentation of petitions, claims, and reports of officers. 
 
 Third —Reports of committees. 
 
 Fourth —Communications to the Board. 
 
 Fifth —Unfinished business of the preceding meeting. 
 
 Sixth —New business. 
 
 IV. The President shall preserve order and decorum, and 
 shall decide all questions of order, subject to an appeal to the 
 Board. 
 
 V. While any member is speaking, no member shall entertain 
 any private discourse. 
 
 VI. When two or more members shall address the President, 
 he shall decide who is first to speak. 
 
 VII. When a question is stated, every member present shall 
 vote, unless excused by the Board, or unless directly interested 
 in the question, in which case he shall not vote. 
 
 VIII. When a member is called to order, he shall immediately 
 
8 
 
 RULES OE THE BOARD OF TRUSTEES. 
 
 sit down, unless permitted to explain. If he appeals, the Board 
 shall decide the matter without debate. If no appeal is taken, 
 the decision of the President shall be conclusive. 
 
 IX. Every member, before speaking, shall arise and address: 
 “Mr. President,”—but shall not proceed until recognized and 
 named by the President. 
 
 X. No motion shall be entertained unless seconded; when 
 seconded it shall be stated by the President, and, if any member 
 requires it, reduced to writing. 
 
 XI. A motion to adjourn shall always be in order, and shall be 
 decided without debate. 
 
 XII. No personalities or reflections injurious to the feelings of 
 any member or the harmony of the Board shall be tolerated, and 
 every person indulging in such personalities shall be called to 
 order by the President. 
 
 XIII. These rules, or any of them, may be repealed, amended, 
 or suspended by a vote of a majority of the Board. 
 
AN ORDINANCE 
 
 FOR REVISING AND CONSOLIDATING THE GENERAL ORDINANCES 
 
 OF THE VILLAGE OF GRAPE CREEK. 
 
 Whereas, It is expedient that the General Ordinances of this 
 Village should be consolidated and arranged in appropriate 
 chapters and sections, and that a digest of the whole should be 
 made, therefore, 
 
 Be it ordained by the President and Board of Trustees of the Village 
 of G? ape Creek in manner following , that is to say: 
 
 CHAPTER I. 
 
 ACCOUNTS. 
 
 Section i. Accounts must be certified or sworn to. 
 
 Section i. No account or claim against the Village of Grape 
 Creek, except for the salaries of its officers, or for the payment of 
 a special contract made by the President or Board of Trustees, or 
 by some officer of the village authorized by them or by ordinance 
 to make the same, or for the payment of fee bills of officers of 
 courts, shall be considered, audited or allowed, nor shall any 
 warrant issue for the payment thereof, unless the person presenting 
 the same, or some other credible person for him, shall make oath 
 before some person duly authorized to administer oaths, before 
 filing such claim or account, that it is “true, just, correct and 
 reasonable and no claim or account on any contract made by 
 an officer of said village shall be allowed, unless certified to by 
 the officer making the same, that it is “true, just, correct and 
 reasonable. ’ ’ 
 
IO 
 
 ORDINANCES OF THE VILLAGE OF GRAPE CREEK. 
 
 CHAPTER II. 
 
 ANIMALS-POUNDS AND IMPOUNDING. 
 
 Section. Section. 
 
 1. Stock at large a nuisance. io. Proceeds paid over to magistrate ; 
 
 2. Pounds and poundmaster. surplus paid over to village 
 
 3. Animals impounded to be held treasurer; owner may recover 
 
 two days without legal proceed- surplus within three years. 
 
 ings, &c., and owner notified. 11. Poundmaster personally responsi- 
 
 4. Owner to be summoned unless ble for stock impounded ; stock 
 
 redeemed. willfully driven or enticed from 
 
 5. Unknown owner ; filing statement beyond the village limits, or let 
 
 with magistrate ; duty of mag- out of enclosure ; penalty. 
 
 istrate. 12. Fees. 
 
 6. Posting notices, under oath. 13. Board may allow, for a specified 
 
 7. No owner at time fixed for trial; time, animals to run at large. 
 
 jury ; judgment; sale. 14. Neglect of poundmaster to im- 
 
 8. Redemption. pound ; penalty. 
 
 9. Not enough bid for expense; 15. Breaking open pound ; penalty. 
 
 poundmaster may bid himself. 16. Obstructing persons impounding 
 
 animals ; penalty. 
 
 Section i. That it shall be unlawful for any horse, mare, 
 gelding, colt, mule, ass, sheep, swine, goat, neat cattle or ducks, 
 chickens and geese, to run at large within the corporate limits of 
 said Village of Grape Creek, contrary to the provisions of this 
 ordinance ; and the running at large as aforesaid of any or all of 
 the aforesaid animals is hereby declared a nuisance, which the 
 poundmaster or any policeman of said village shall instantly abate, 
 upon view, by taking up and confining any such animal in the 
 village pound. 
 
 Sec. 2. Said pound shall be centrally situated within the 
 corporate limits of said village, and accessible freely and without 
 hinderance, during the day-time, to all persons in search of animals 
 at large ; and such pound shall be maintained under the care and 
 supervision of the poundmaster, at his own expense, in considera¬ 
 tion of the allowance to him by the said village of the fees chargeable 
 by him in section twelve of this ordinance : Provided , That such 
 pound shall be subject to the inspection and condemnation of the 
 Board of Trustees ; and upon the refusal of said poundmaster to 
 accept the care and custody of said pound at his own expense, upon 
 the terms aforesaid, the Board of Trustees may direct that the said 
 fees chargeable herein by said poundmaster to be maintained under 
 the supervision and at the expense of said village. 
 
 Sec. 3. Any animal so impounded shall be held for two days, 
 exclusive of the day of impounding, without further legal pro¬ 
 ceedings during such time, subject to redemption by the owner in 
 the manner hereinafter provided. And it shall be the duty of the 
 
ORDINANCES OF THE VILLAGE OF GRAPE CREEK. 
 
 I I 
 
 officer so impounding such animal within the period aforesaid, to 
 make reasonable inquiry respecting the ownership of the same, 
 and to notify the owner, or supposed owner, thereof or some 
 member of such owner’s family, over the age of twelve years, that 
 such animal is so impounded, and that the same is held subject 
 to redemption, upon the payment of the pound charges. Such 
 notice shall be signed by such officer, and served by copy. 
 
 Sec. 4. The officer impounding any such animal shall, unless 
 the same is redeemed within the time specified in section three, 
 cause the owner, or supposed owner, thereof to be summoned 
 before some magistrate of said village, to show cause, if any, why 
 such animal so impounded should not be sold, according to the 
 provisions of this ordinance. 
 
 Sec. 5. When the owner of any animal so impounded is unknown 
 to the officer impounding the same, such officer shall (upon the 
 expiration of the two days for redemption first provided for in 
 section three) file within a reasonable time with some magistrate 
 of said village a statement in writing, signed by him, of the kind 
 and number of animals so taken up by him, and the time of such 
 taking up and impounding, and that the owner or owners thereof 
 are unknown to him ; whereupon such magistrate shall cause to 
 be posted up in three of the most public places of said village a 
 notice describing the property so taken up, and the time of such 
 taking up, and notifying therein the owner or owners thereof to 
 appear before such magistrate at an hour and on a day therein 
 named, not less than five nor more than fifteen days from the day 
 of such posting, then and there to show cause, if any, why such 
 property should not be sold to satisfy the demand of said village 
 for the subsistence, pound fees, and costs consequent upon the 
 impounding of such property. 
 
 Sec 6. The officer posting such notices shall immediately make 
 return upon oath, upon a copy thereof, of the time and place of 
 such posting. Upon such return being made, the magistrate shall 
 docket the case as the Village of Grape Creek vs. the unknown 
 owners of impounded property. The owner may appear and be 
 made defendant at any time before final judgment. 
 
 SEC. 7. If no owner shall appear at the time fixed for trial in 
 said notices, the magistrate shall summons a jury of six persons, 
 having the legal qualifications, who shall be duly sworn to deter¬ 
 mine upon the evidence the extent, if any, of the lawful claim of 
 said village against said property, and in their verdict shall fix 
 the amount of such claim, if any, against each animal; and upon 
 verdict being rendered in favor of said village, the magistrate shall 
 render a judgment thereupon substantially in the following form: 
 
12 
 
 ORDINANCES OF THE VILLAGE OF GRAPE CREEK. 
 
 STATE OF ILLINOIS, ) 
 
 VERMILION COUNTY, [- SS. 
 
 Village of Grape Creek. ) 
 
 (Here recite the commencement of the suit and subsequent pro¬ 
 ceedings, according to the facts, and conclude thus): It is adjudged 
 upon the verdict of the aforesaid jury that said village have and 
 recover for sustenance, pound fees, and costs consequent upon the 
 impounding of each of the following animals : 
 
 Against one (specify animal) $ -. 
 
 Against one (specify animal) $-. 
 
 Against one (specify animal) $-. 
 
 And the magistrate shall at once issue a special execution upon 
 such judgment lor the sale of said property, which shall be 
 described in such execution, and which shall be directed and 
 returnable as other executions from justices of the peace, and sale 
 thereunder shall be made upon the same notice and in the same 
 manner as is by the statute of Illinois provided in the case of the 
 sales of personal property upon execution from justices of the peace. 
 
 Sec. 8. Property sold under the provisions of section seven 
 hereof may be redeemed by the owner thereof, from the purchaser, 
 at any time within three months from the time of such sale, upon 
 the payment to such purchaser of the amount paid by him, with 
 interest thereon at the rate of eight per cent, per annum, and the 
 expenses of keeping such property ; and of the right of the owner 
 to redeem, the officer making such sale shall, at the time of sale, 
 give notice, and in his return on said execution shall specify the 
 amount each animal sold for. 
 
 Sec. 9. If at any sale under the provisions of this ordinance no 
 person shall bid the whole amount of costs for taking up, keeping 
 and selling any such animal, the poundmaster may, for himself, 
 bid thereon the amount of such costs and charges ; and no person 
 bidding more, he may strike such animal off to himself 
 
 Sec. 10. The proceeds of any such sale shall be paid over to 
 the magistrate issuing any such execution, who, after deducting 
 the amount of the judgment and costs and subsequent sustenance 
 of each animal to day of sale, and also after allowing the officer 
 for making the sale the same costs chargeable by any constable 
 for sale of personal property under execution, shall turn over to 
 the village treasurer the surplus proceeds of such sale, taking 
 said treasurer’s duplicate receipt for the same, filing one receipt 
 with the village clerk. The treasurer shall keep a separate account 
 of such surplus, which shall be paid over to the owner of the 
 property so .sold at any time within three years from such sale, 
 upon the direction of the Board of Trustees. 
 
ORDINANCES OF THE VIEEAGE OF GRAPE CREEK. 
 
 13 
 
 Sec. 11. All animals, whether impounded by a policeman or 
 other person, under the direction of any officer of said village, 
 shall be considered as having been impounded by the village 
 poundmaster, and said poundmaster shall be held personally 
 responsible to any person aggrieved for the improper impounding 
 of any animal : Provided , That the village poundmaster, or any 
 policeman of said village, or any other person who shall willfully 
 drive or entice any animal from beyond the corporate limits of 
 said village into the same, or shall aid or abet the same, or shall 
 let any animal out of any enclosure in which it may be lawfully 
 confined, or aid or abet in the letting out or escape thereof, in order 
 to take up or impound the same, shall be subject to a penalty of 
 not less than five nor more than fifteen dollars for each offense. 
 
 Sec. 12. The following fees shall be chargeable and collectible 
 by the village poundmaster ; that is to say, for taking into the 
 pound and discharging therefrom : 
 
 Bach horse, mare, gelding, colt, mule or ass, 35 cents. 
 
 Bach neat animal, 30 cents. 
 
 Bach hog or shote, 25 cents. 
 
 Bach sucking pig, 10 cents. 
 
 Each sheep or goat, 10 cents. 
 
 Bach duck or goose, 5 cents. 
 
 Bach chicken, 5 cents. 
 
 For sustenance provided each animal per day, to be given at 
 7 o’clock a. m., at noon, and at 6 p. m.: 
 
 Bach horse, mare, gelding, colt, mule or ass, 60 cents. 
 
 Bach neat animal, 60 cents. 
 
 Each hog or shote, 25 cents. 
 
 Each sucking pig, 5 cents. 
 
 Bach sheep or goat, 10 cents. 
 
 Bach duck or goose, 5 cents. 
 
 Bach chicken, 5 cents. 
 
 There shall also be taxed as a pound fee, for the use of the 
 village : 
 
 On each horse, mare, gelding, colt, mule or ass, 25 cents. 
 
 Bach neat animal, 25 cents. 
 
 Bach hog or shote, 10 cents. 
 
 Bach sucking pig, 5 cents. 
 
 Bach sheep or goat, 10 cents. 
 
 Bach duck or goose, 5 cents. 
 
 Each chicken, 5 cents. 
 
 For serving notice, per copy (see section 3), 25 cents. 
 
 For traveling expenses, serving same, each way, per mile, 
 5 cents. 
 
 For posting and returning notices, under section 5, 75 ceuts. 
 
 For magistrate’s fee, preparing same, (four copies) 75 cents. 
 

 ORDINANCES OF THE VILLAGE OF GRAPE CREEK. 
 
 For other services hereunder no fees other than such as are 
 provided by the statutes of the State of Illinois for like services. 
 Any owner or person entitled to the possession of any animal shall 
 have the right to release and redeem the same from the pound at 
 any time before sale, by the payment of the above fees and charges, 
 to the extent only that the same shall have accrued, and no animal 
 shall be released until such fees are paid. But such animal shall 
 be regarded as lawfully in the possession of said village, when so 
 impounded as aforesaid, although the same was running at large 
 without the consent of the owner or person claiming possession 
 thereof; and for the purpose of enforcing the collection of the 
 above fees and charges it shall be sufficient to justify the detention 
 and impounding of such animal or animals as aforesaid, if it shall 
 appear in the evidence that the same were running at large within 
 the corporate limits of said village at the time the same were 
 impounded. 
 
 Sec. 13. The Board of Trustees may, by resolution, at any 
 regular meeting, allow for a special time any of the above animals 
 named in section one to run at large within the corporate limits 
 of said village. 
 
 SEC. 14. If the poundmaster, or any policeman of said village, 
 shall willfully fail, neglect or refuse to impound any animal run¬ 
 ning at large contrary to the provisions of this ordinance, such 
 officer shall be subject to a penalty of five dollars, in each and 
 every case. 
 
 Sec. 15. Any person who shall break open any stable, pen, lot 
 or other enclosure where any animal is impounded, or shall in any 
 manner release or rescue any animal from such stable, pen, lot 
 or other enclosure, where the same is impounded, shall be subject 
 to a penalty of not less than five dollars nor more than twenty-five 
 dollars. 
 
 Sec. 16. Whospever shall hinder, delay, resist or obstruct any 
 officer, or any person acting under the immediate direction of such 
 officer, in the discharge of the duties imposed by this ordinance on 
 such officer, or shall aid, encourage or abet the same, shall be 
 subject to a penalty of not less than five dollars nor more than 
 fifteen dollars. 
 
 Sec. 17. That if any person being the owner, or having the 
 care, keeping or control of any horse, mare, gelding, colt, mule or 
 ass, or any neat animal, sheep, goat, hog, shote or pig, or any 
 duck, chicken or goose, shall suffer or permit the same to run, or 
 to be, or to be found at large, contrary to the provisions of section 
 one of this ordinance, he shall be subject to, and shall pay, a 
 penalty of not less than one dollar, and not exceeding five dollars, 
 in everv case. 
 
ORDINANCES OF THE VIEEAGE OF GRAPE CREEK. 
 
 *5 
 
 CHAPTER III. 
 
 BIEEIARD TABEES, BAEE ALEEVS, &C. 
 
 Section. Section. 
 
 1. No person shall keep without 3. Keeper not to permit any minor 
 
 license ; penalty for keeping to frequent, nor to permit dis- 
 
 without license. orderly conduct, nor to sell 
 
 2. Charge for license on billard ta- intoxicating liquors. 
 
 ble; on bagatelle table ; pin 
 alley, &c. 
 
 Section i. No person shall keep, for his gain, any billiard 
 table, or bagatelle table, or pigeon-hole table, or ball orpin alley, 
 without a license therefor, under a penalty of not less than five 
 dollars and not exceeding two hundred dollars for each person 
 who may be permitted to play thereon. 
 
 Sec. 2. There shall be taxed and collected for license to keep 
 a billiard table, for one year, ten dollars for one table, and five 
 dollars for each additional table. There shall be taxed and col¬ 
 lected for license to keep a pin or ball alley, for one year, ten 
 dollars for one alley, and five dollars for each additional alley. 
 Ten dollars per annum shall be taxed and collected for each bag¬ 
 atelle or pigeon-hole table. 
 
 Sec. 3. No keeper of a billiard table, ball or pin alley, shall 
 suffer or permit any minor to frequent or loiter about the premises 
 occupied by him, or to play or roll upon his table or tables, without 
 the previous consent of the parent, master or guardian of such 
 minor ; nor shall sell or deliver any intoxicating liquors contrary 
 to the ordinances of the village, nor shall suffer or permit any 
 riotous, noisy or disorderly conduct upon the premises occupied 
 by him, to the disturbance or annoyance of the neighborhood, or 
 of others, under a penalty of not less than fifteen dollars, and not 
 exceeding one hundred dollars, and a forfeiture of his license. 
 
 CHAPTER IV. 
 
 DOGS. 
 
 Section. Section 
 
 1. President’s proclamation. 4. Dangerous dog at large a nuisance; 
 
 2. Dogs at large a nuisance; penalty. penalty. 
 
 3. Bitch at large while in heat de- 5. Constable’s and police constable’s 
 
 dared a nuisance ; penalty for fees and how collected, 
 
 allowing bitch to run at large ; 
 constable or police to destroy. 
 
 Section i. Whenever the President of the Village of Grape 
 Creek shall deem it advisable for the prevention of hydrophobia, 
 
ORDINANCES OF THE VILLAGE OF GRAPE CREEK. 
 
 16 
 
 he may issue his proclamation requiring all dogs within the village 
 to be confined or to be securely muzzled with a wire muzzle, for 
 such time as may be designated, or until otherwise ordered, and 
 during such time it shall be unlawful for any dog to go or be at 
 large unmuzzled. 
 
 Sec. 2. All dogs running at large within the village, contrary 
 to the provisions of the preceding section, are declared a nuisance, 
 and shall be killed by the village constable of said village. And 
 the owner or keeper of any such dog, who shall knowingly permit 
 the same to run at large contrary to the provisions of the preceding 
 section, shall be fined not less than three dollars, and not more 
 than one hundred dollars. 
 
 Sec. 3. Any bitch running at large, while in heat, is hereby 
 declared a nuisance ; and the owner or keeper of any such bitch so 
 permitting the same to run at large, while in heat, shall be subject 
 to a penalty of five dollars, and the village constable or any police 
 constable shall destroy such bitch. 
 
 Sec. 4. Any owner or keeper of a fierce or dangerous dog or 
 bitch, who shall knowingly permit the same to run at large, to the 
 danger, annoyance or damage of any person within the village, shall 
 be deemed guilty of a nuisance, and shall be subject to a penalty 
 of five dollars for the first offense ; and not less than ten dollars, 
 and not exceeding one hundred dollars, for the second offense ; 
 and upon the second conviction the village constable, or any police 
 constable, shall destroy, or cause such dog or bitch to be destroyed. 
 
 Sec. 5. The village constable, or any police constable, shall 
 receive fifty cents for each dog or bitch destroyed by him, in 
 pursuance of the provisions of this chapter, and removed beyond 
 the limits of the village or buried—to be collected or recovered of 
 the owner or keeper of such dog or bitch, if known, in the same 
 manner as fines, penalties and forfeitures are recovered in other 
 cases for violation of ordinances of said village ; and if such 
 owner or keeper is not known, to be reported on oath to the Board 
 of Trustees, for allowance and payment. 
 
ORDINANCES OF THE VIEEAGE OF GRAPE CREEK. 
 
 l 7 
 
 CHAPTER V. 
 
 elections. 
 
 Section. Section. 
 
 1. Elections, where held; Clerk to 12. Filing returns ; declaring result. 
 
 give notice; special elections. 13. Notification of election. 
 
 2. Judges and Clerks of election; 14. Judges shall maintain order ; pen- 
 
 Clerk to give notice. alty. 
 
 3. Vacancies ; how filled. 15. Illegal voting ; penalty. 
 
 4. Judges and Clerks of election to 16. Aiding or abetting in illegal vot- 
 
 be sworn before receiving votes. ing ; penalty. 
 
 5. Opening polls ; proclamation to 17. Refusing to receive legal votes; 
 
 be made. penalty. 
 
 6. Ballot-box provided by Village 18. Challenging; form of oath. 
 
 Clerk. 19. Witness ; form of oath. 
 
 7. Village Clerk to provide poll lists; 20. Receiving illegal vote ; penalty. 
 
 form of list, &c. 21. Seizing ballot-box ; penalty. 
 
 8. Mode of voting. 22. Compensation of Judges and 
 
 9. Qualification of voter. Clerks. 
 
 10. Mode of canvassing. 23. Closing saloons ; penalty for sell- 
 
 11. Returns ; who to be delivered to ; ing. 
 
 penalty for failure to deliver. 
 
 Section i . A general election for village officers shall be held 
 on the third Tuesday in April, in each year, at such place as may 
 be designated by the Board of Trustees. The Village Clerk shall 
 give at least twenty days’ notice, by posting up written or printed 
 notices thereof in at least three of the most public places in the 
 village, stating the time and place of holding the election, and the 
 officers to be elected. Special elections shall be held and con¬ 
 ducted, and notice thereof given, in the same manner as general 
 elections. 
 
 Sec. 2. The Board of Trustees shall appoint, at least ten days 
 before each general election, three judges and three clerks of 
 election, as prescribed in the general election laws of the State of 
 Illinois ; said judges and clerks to serve for one year, or during 
 the pleasure of the Board of Trustees, and the Village Clerk shall, 
 without delay after such appointment, make out and deliver to 
 such persons a certificate of appointment. 
 
 Sec. 3. If any judge of election shall refuse to act, or shall 
 neglect to attend at the time fixed for the opening of the polls, the 
 vacancy shall be filled by a legal voter of the village, to be chosen 
 by the judges in attendance. 
 
 Sec. 4. The judges and clerks of election shall respectively and 
 severally, before opening the polls, or receiving any votes, take 
 the oath prescribed by the election laws of the State of Illinois ; 
 and if no officer authorized to administer oaths be present at the 
 opening of the polls, any judge may administer the oath to the 
 
i8 
 
 ORDINANCES OF THE VILEAGE OF GRAPE CREEK. 
 
 other judges and clerks, and one of the judges so sworn may 
 administer the oath to him. The oath, when so administered, 
 shall be certified to by the judges administering the same, which 
 oaths shall be affixed to the poll lists. 
 
 Sec. 5. At all elections the polls shall be opened at 8 o’clock 
 a. m., or as soon thereafter as the judges and clerks shall be 
 qualified, and shall be kept open without intermission until 7 
 o’clock p. m. When opened, proclamation shall be made that— 
 “the polls are now open.” 
 
 Sec. 6. A ballot-box, with a lock and key, and an aperture in 
 the top thereof not larger than will admit a single folded ballot, 
 shall be provided for the use of the judges by the Village Clerk. 
 Before receiving any vote the box shall be publicly opened and 
 examined by the judges, to see that there are no ballots therein, 
 and shall then be publicly closed and locked, and the key taken 
 by one of the judges. 
 
 Sec. 7. The Village Clerk shall provide three poll lists, with 
 columns ruled for the name and number of each voter. The poll 
 lists shall be in the following form, to-wit: 
 
 Poll list of voters in the Village of Grape Creek, at the general 
 
 election held at-, in said village, on the-day of-, 
 
 as follows, to-wit : 
 
 
 Names of Voters. 
 
 No. 
 
 Names of Voters. 
 
 I 
 
 A. B. 
 
 20 
 
 U. V. 
 
 2 
 
 C. I). 
 
 21 
 
 W. X. 
 
 vS 
 
 E. F. 
 
 22 
 
 Y. Z. 
 
 The clerks of election shall keep the poll lists, and shall write 
 down the names and numbers of the voters in the order in which 
 they occur, making the letter “S” opposite to the names of all 
 persons who may be challenged and sworn. 
 
 Sec. 8. The mode of voting shall be by ballot; and shall con¬ 
 form in every respect to the provisions of the laws of the State 
 of Illinois governing elections. 
 
 Sec. 9. Every person having resided in this State one year, in 
 the county ninety days, and within the corporate limits of the 
 village thirty days next preceding any election therein, and who 
 is an elector in this State, is entitled to vote at any election for 
 village officers. 
 
 Sec. 10. The mode of canvassing the votes polled shall also 
 
ORDINANCES OF THE VIEEAGE OF GRAPE CREEK. 
 
 19 
 
 be in strict conformity with the statute governing elections. The 
 clerks shall make out the returns of the election by writing in full 
 the name of each person voted for, the number of votes returned 
 (received) by him, and the office for which he was voted for. The 
 returns shall be as near as may be in the following form, to-wit: 
 
 At an election held at-, in the Village of Grape Creek, on 
 
 the-day of-, 18—, the following named persons received 
 
 the number of votes set opposite their respective names, for the 
 following-described offices, to-wit: 
 
 A. B. had fifty votes for Trustee. 
 
 C. D. had forty votes for Clerk. 
 
 (and so on through the whole list of officers voted for). 
 
 Certified by us, at Grape Creek, this-day of- : —, 18—. 
 
 Judges of election. 
 
 Clerks of election. 
 
 SEC. 11. On completing the returns, the judges shall enclose 
 them in three envelopes, with a poll list in each, and shall seal and 
 direct them to the Clerk of the Village of Grape Creek, marked 
 “Election Returns.” The judges shall then choose one of their 
 number, who shall deliver one of the returns, with the ballot-box 
 and ballots, to the Village Clerk, within two days. The other 
 returns shall be given to another of the judges, who shall keep 
 them for at least one year. If any judge of election, chosen to 
 deliver the returns, ballot-box and ballots to the Village Clerk, 
 shall not deliver the same safely, with the seal unbroken, within 
 two days after the election, he shall be subject to a penalty of 
 not less than one hundred dollars, and not exceeding five hundred 
 dollars. 
 
 Sec. 12. When all the returns shall be filed with the Village 
 Clerk, he shall, without delay, notify the President of the Board 
 of Trustees, who shall immediately call a meeting of the Board of 
 Trustees. The Village Clerk shall then, in the presence of the 
 Board of Trustees, open the returns and canvass the same. When 
 finished, the Board of Trustees shall declare the result, and the 
 Clerk shall enter the same in full upon the journal, naming each 
 person voted for, the number of votes he received, for what office, 
 and who is elected. 
 
 Sec. 13. The Village Clerk shall, within three days after any 
 person is declared elected to any office, deliver to the village 
 constable, or any police constable of the village, a written notice, 
 directed to the person elected, notifying him of his election, nam¬ 
 ing the office to which he had been declared elected, and requesting 
 
20 
 
 ORDINANCES OF THE VILLAGE OF GRAPE CREEK. 
 
 him to qualify within ten days alter such election. The constable 
 shall, without delay, deliver the notice to whom it is directed. 
 
 Sec. 14. The judges shall maintain order at the polls, and may 
 command any peace officer to arrest any person who shall disturb 
 the peace by riotous or disorderly conduct. Any person who at 
 the polls shall break or disturb the peace, or conduct himself in a 
 riotous or disorderly manner, shall be subject to a penalty of not 
 less than five dollars, and not exceeding one hundred dollars. 
 
 Sec. 15. If any person illegally vote, or attempt to vote, at 
 any election or being a legal voter shall vote, or attempt to vote, 
 the second time at the same election, or shall knowingly vote, or 
 attempt to vote, more than one ballot at any election, he shall in 
 each case be liable to a penalty of not less than twenty dollars, 
 and not exceeding one hundred dollars. 
 
 Sec. 16. Whoever shall aid, abet or encourage any person to 
 vote, or attempt to vote, illegally at any election, shall be subject 
 to a penalty of not less than fifty dollars, and not exceeding one 
 hundred dollars. 
 
 Sec. 17. Any judge of election who shall refuse to receive a 
 vote of any legal voter, who shall take, or offer to take, the oath 
 herein prescribed, unless there shall be evidence satisfactory to a 
 majority of the judges and clerks that the vote of such person is 
 clearly illegal, or who shall receive the vote of any person chal¬ 
 lenged who shall refuse to take the oath herein required, shall in 
 each case be subject to a penalty of not less than twenty-five 
 dollars, and not exceeding one hundred dollars. 
 
 Sec. 18. The judges, or any legal voter in the village, shall 
 have a right to challenge any vote, whenever any person offering 
 to vote is not personally known to the judges of election to be a 
 qualified elector ; and when his vote is challenged by a legal voter 
 at such election, he shall make and subscribe an affidavit in the 
 following form, which shall be retained by the judges of election 
 and returned by them with the poll books : 
 
 STATE OF ILLINOIS, ) 
 
 County of Vermilion, \ h> ' 
 
 I, -, do solemnly swear (or affirm) that I am a citizen of 
 
 the United States (or “that I was an elector on the first day of 
 April, A. I). 1848,” or “that I obtained a certificate of naturaliza¬ 
 tion before a court of record in this State prior to the first day of 
 January, A. D. 1870,”—as the case may be) ; that I have resided 
 in this State one year, in this county ninety days, and in this 
 election district thirty days next preceding this election ; that I 
 now reside at- (here give place of residence, number if in 
 
ORDINANCES OF THE VILLAGE OF GRAPE CREEK. 
 
 21 
 
 city or town), in this election district ; that I am twenty-one years 
 of age, and have not voted at this election. So help me God. 
 
 Subscribed and sworn to before me, this-day of-, 
 
 A. I). 18—. 
 
 Sec. 19. In addition to such an affidavit, the person so chal¬ 
 lenged shall produce a witness personally known to the judges of 
 election, and resident in the precinct (or district), or who shall be 
 proved by some legal voter of such precinct or district known to 
 the judges to be such, who shall take the oath following : 
 
 I do solemnly swear (or affirm) that I am a resident of this 
 election precinct (or district), and entitled to vote at this election, 
 and that I have been a resident of this State for one year last past, 
 and am well acquainted with the person whose vote is now offered ; 
 that he is an actual and bona fide resident of this election precinct 
 (or district), and has resided herein thirty days, and, as I verily 
 believe, in this county ninety days and in this State one year 
 preceding this election. 
 
 Sec. 20. Any judge or clerk of election who shall knowingly 
 admit or receive any illegal vote, or shall knowingly permit any 
 person to vote more than once at the same election, or to vote 
 more than one ballot, or shall be guilty of fraud, corruption, par¬ 
 tiality, or manifest misbehavior in the discharge of his duties, or 
 shall willfully neglect or refuse to discharge or perform any duty 
 herein required, shall in each case be subject to a penalty of not 
 less than twenty-five dollars, aad not exceeding one hundred 
 dollars. 
 
 Sec. 21. Whoever shall, at any election, by force seize, or 
 attempt to seize, and carry away, any ballot-box or poll list, shall 
 be subject to a penalty of not less than fifty dollars, and not 
 exceeding one hundred dollars. 
 
 Sec. 22. The judges and clerks of election shall each be entitled 
 to and receive three dollars for each day they shall be actually 
 engaged in holding and conducting any election, and the Village 
 Clerk may draw his warrant on the Treasurer for the same in favor 
 of the persons entitled thereto. 
 
 Sec. 23. No spirituous, malt, vinous, or intoxicating liquor 
 shall be sold or given away, at retail or otherwise, nor shall any 
 saloon or bar-room or place where such liquor is sold or given 
 away be open, upon any general or special election day in said 
 village. Whoever violates the provisions of this section shall be 
 fined not less than twenty dollars nor more than one hundred 
 dollars. 
 
22 
 
 ORDINANCES OF THE VILLAGE OF GRAPE CREEK. 
 
 CHAPTER VI. 
 
 LICENSES. 
 
 Section. Section. 
 
 1. President to receive applications 4. License subject to ordinance. 
 
 and grant the same. 5. Must be a resident. 
 
 2. Applications : how made, &c. 6. License not assignable. 
 
 3. Terms, and how issued; date of 7. Form of license. 
 
 license. 
 
 Section i . The President of the Board of Trustees shall receive 
 applications for license, and grant the same in all cases where it 
 is not otherwise expressly provided, upon the terms and condi¬ 
 tions specified by ordinance. But if he shall not feel authorized 
 to grant any application for a license for any purpose, he may report 
 such application to the next meeting of the Board of Trustees for 
 their action thereon. 
 
 Sec. 2. Any person disiring a license under the ordinances of 
 the village, for any purpose, shall make a written application to the 
 President of the Board of Trustees therefor, stating the purposes 
 for which the same is desired, for what length of time, and specify 
 the place where his business is to be carried on, and, if required by 
 ordinance to file bond before being licensed, he shall also name 
 his proposed securities on his bond in his application. If such 
 application be granted, it shall be so endorsed by the President of 
 the Board of Trustees, together with the amount taxed for the 
 license, and upon the filing of the application .so endorsed with the 
 Village Clerk, and the payment of the sum specified, the Village 
 Clerk shall issue to such applicant a license for the time and 
 purpose specified 
 
 Sec. 3. All licenses shall expire upon the first day of May next 
 after such license was granted, and all licenses shall be signed by 
 the President of the Board of Trustees, or President pro tem ., and 
 countersigned by the Village Clerk, under the corporate seal. No 
 license .shall be valid until signed and countersigned as aforesaid, 
 nor shall any person be deemed licensed until a license be duly 
 issued to him. 
 
 Sec. a. All licenses granted shall be subject to all ordinances 
 relating to licenses which may be in force at the time of the issuing 
 thereof, or which may be subsequently issued by the Board of 
 Trustees ; or if any person licensed shall violate any provisions 
 of any ordinance in relation to his license, he may be proceeded 
 against for any fine or penalty imposed thereby, and his license 
 inav be revoked or forfeited, in the discretion of the Board of 
 
■ 
 
 ORDINANCES OF THE VILLAGE OF GRAPE CREEK. 23 
 
 Trustees, or of the court of magistrate before whom any action 
 may be brought for the recovery of any fine or penalty. 
 
 Sec. 5, All persons applying for license under the provisions of 
 this ordinance for the purpose of selling liquors within the Village 
 of Grape Creek must be residents of said village aforesaid. 
 
 Sec. 6. No license granted shall be assignable or transferable, 
 nor shall any person be authorized to do business or act under such 
 license but the person to whom it is granted, or in any other place 
 than the place specified therein, nor shall any license authorize any 
 person to act under it at more than one place at the same time, nor 
 at any other time than is therein specified. Whoever shall violate 
 any provisions of this section shall be deemed to be acting without 
 license, and shall be subject to the same penalty as is prescribed 
 for acting without license. 
 
 Sec. 7. licenses may issue, as near as may be, in the following 
 form, to-wit : 
 
 A. B., President of the Board of Trustees of the Village of 
 Grape Creek, to all to whom these presents may come, greeting : 
 Know ye, that C. D., having made application in due form, filed 
 
 bond, paid into the village treasury-dollars, and in other 
 
 respects complied with the ordinance of the village, in this behalf, 
 therefore, I, A. B., President of the Board of Trustees of the 
 Village of Grape Creek, for and in behalf of said village, do hereby 
 authorize, empower and license the said C. D. (here set forth the 
 
 business or purpose of this license), at-, for from-. 
 
 Nevertheless, this license is granted upon this express condition : 
 that if the said C. D. shall observe and obey all ordinances of the 
 village which are or may be in force regulating or relating to said 
 business, then this license shall be valid for the period ; otherwise, 
 it may be annulled, revoked or forfeited, at the option of the Board 
 of Trustees, or in any other manner provided by the ordinance. 
 
 In testimony whereof, I have hereunto set my hand 
 and caused the corporate seal of said village to be 
 
 [seal.] affixed, at the Village of Grape Creek, this-day 
 
 of-, A. D. 18—. 
 
 A. B., President of the Board of Trustees. 
 
 E. F., Village Clerk. 
 
9 
 
 24 ORDINANCES OF THE VILLAGE OF GRAPE CREEK. 
 
 CHAPTER VII. 
 
 LIQUORS. 
 
 Section. Section. 
 
 1. Liquors; license required. 6. License; when granted. 
 
 2. President and Board of Trustees 7. Dramshop to be closed 011 Sun- 
 
 to grant; application to be in day ; penalty. 
 
 writing; not to be granted to 8. Keeper of dramshop to keep 
 
 minor. orderly house ; penalty. 
 
 3. Bonds required. 9. Liquor not to be sold to habitual 
 
 4. Application to state time, place drunkard. 
 
 and names of sureties. 10. License not to be assigned ; one 
 
 5. Application for license to be place of business. 
 
 presented to President; persons 11. License and ordinance to be 
 disqualified. posted. 
 
 Section i. No person shall, within the village, by himself, his 
 servant or clerk, directly or indirectly sell, barter, exchange or 
 deliver, or otherwise dispose of any intoxicating, malt, vinous, 
 mixed or fermented liquors in a less quantity than one gallon, to 
 be carried away at one time from the place of sa4e or delivery, or 
 in any quantity whatever to be drank upon the premises, or in or 
 upon any adjacent room, building, yard or premises or place of 
 public resort, without a license therefor in accordance with the 
 requirements hereof, under a penalty of not less than twenty 
 dollars, and not exceeding one hundred dollars, for each offense. 
 
 Sec. 2. The President, by and with the consent of the Board of 
 Trustees, may grant license to such person or persons as may 
 apply therefor to him in writing,- to retail intoxicating, malt, 
 vinous, mixed or fermented liquor in any quantity less than one 
 gallon, upon such person or persons paying into the village treasury 
 a sum at the rate of five hundred dollars per annum, payable quar¬ 
 terly in advance, and entering into bonds in the manner required in 
 the third section hereof: Provided , that no license shall be granted 
 under the provisions of this ordinance to any minor. 
 
 vSec. 3 . Before a license shall be granted to keep a dramshop 
 for the sale of intoxicating, malt, vinous, mixed or fermented 
 liquors under the provisions hereof, the person or persons applying 
 for such license shall execute a bond in the penal sum of three 
 thousand dollars, payable to the People of the State of Illinois, 
 with at least two good and sufficient sureties, freeholders of the 
 county in which the license is to be granted, to be approved by the 
 President and Board of Trustees, conditioned that the person to 
 whom such license is granted shall pay to all persons all damages 
 that they may sustain, either in person or property or means of 
 support, by reason of the person so obtaining a license selling or 
 
ORDINANCES OF THE VIEEAGE OF GRAPE CREEK. 
 
 25 
 
 giving away intoxicating liquors as required by law. And such 
 persons shall also execute a bond to the Village of Grape Creek 
 in the sum of one thousand dollars liquidated damages, signed by 
 at least two freeholders of the county, each to the value over and 
 above their homestead exemption of at least the penalty of the 
 bond as sureties, to be approved by the Board of Trustees, and 
 conditioned that the person to whom such license is granted shall 
 observe and obey all laws and ordinances now in force, or such as 
 may hereafter be in force, regulating and governing keepers of 
 dramshops ; and any breach of its condition shall work a forfeiture 
 of the whole penalty thereof, the amount of which shall be recov¬ 
 ered before any court having jurisdiction. Any person offered as 
 security upon the first of the herein named bonds, payable to the 
 People of the State Illinois, may be required by the President to 
 appear in person before him, and he may examine him under oath 
 and require him to subscribe and swear to his statement in regard 
 to his pecuniary ability to become such security. 
 
 Sec. 4. Any person desiring a license, under the ordinance of 
 the village, to keep a dramshop for selling at retail intoxicating, 
 malt, vinous, mixed or fermented liquors in less quantities than 
 one gallon, shall make a written application to the President, 
 stating the length of time for which he desires such license, the 
 place where his business is to be carried on, and the names of the 
 persons who will become his sureties 011 the bond required by 
 ordinance. 
 
 Sec. 5. When application is made for a license to keep a dram¬ 
 shop as aforesaid, it shall be the duty of the President to receive 
 and present the same at the next meeting of the Board of Trustees, 
 and the Board of Trustees may grant the same upon the terms 
 and conditions specified by ordinance, unless the applicant or one 
 or more of the applicants shall be a minor, or shall have been 
 convicted of some crime which by the laws of this State would 
 render him, her or them infamous, or shall have been twice con¬ 
 victed of violating the ordinance of said village concerning, 
 regulating or governing keepers of dramshops or retailers of 
 liquors, or unless such applicant or applicants or some one or more 
 of them shall have failed or refused, after having been once con¬ 
 victed of any violation, to pay the fine or penalty, or the cost or 
 some part thereof assessed therefor. If the application be granted, 
 the President shall endorse the grant thereof on such application, 
 together with the amount taxed for such license. 
 
 Sec. 6. Upon the filing of the application so endorsed as afore¬ 
 said in the Village Clerk’s office, together with the bond aforesaid, 
 conditioned as aforesaid, with such securities and approved as 
 aforesaid, and the approval thereof endorsed thereon, and paying to 
 the Village Clerk the amount required for such license, a license to 
 retail intoxicating, malt, vinous, mixed or fermented liquors in any 
 
26 
 
 ORDINANCES OF THE VIEEAGE OF GRAPE CREEK. 
 
 quantity less than one gallon, at the place named in the application, 
 shall be issued to such applicant in the general form and manner 
 prescribed by ordinance of said village for other license. 
 
 SEC. 7. No keeper of a dramshop, licensed under the provisions 
 hereof to retail intoxicating, malt, vinous, mixed or fermented 
 liquors, shall, on Sundays, keep open, or suffer or permit to be 
 kept open, any part of his place of business, nor shall on Sundays 
 in any manner sell or deliver any intoxicating, malt, vinous, mixed 
 or fermented liquors, or suffer or permit any such liquor to be used 
 or drank on his place of business, or in any place adjacent thereto 
 under his control, under a penalty of not more than two hundred 
 dollars for each offense. 
 
 Sec. 8. No keeper of a dramshop, licensed under the provisions 
 hereof to retail intoxicating, malt, vinous, mixed or fermented 
 liquors, shall suffer any violent, tumultuous, offensive or disorderly 
 conduct, or obscene, profane or unseemly language, quarreling, 
 fighting, or other disturbance in or about his place of business, or 
 in any place adjacent thereto under his control, to the annoyance, 
 disturbance or vexation of others, under a penalty of not less than 
 five dollars, nor more than one hundred dollars, for each violation. 
 
 Sec. 9. No keeper of a dramshop, licensed under the provisions 
 hereof, nor any other person, shall sell, give or deliver any intoxi¬ 
 cating, malt, vinous, mixed or fermented liquors to any habitual 
 drunkard, or to any habitually intoxicated person, after having- 
 been notified by the parents or other relative of such person that 
 he is an habitual drunkard or habitually intoxicated person, and 
 requesting such retailer or other person not to sell, give or deliver 
 him any such liquors, under a penalty of not less than twenty 
 dollars, nor more than one hundred dollars, for each offense. 
 
 Sec. 10. No license granted under any ordinance of the village 
 for the sale of intoxicating, malt, vinous, mixed or fermented 
 liquors shall be assignable or transferable, nor shall any person 
 be authorized to do business or to act under such license but the 
 person to whom it is granted, or at any other place than the place 
 specified therein, without the consent of the President or President 
 pro tern., with the approval of the Board of Trustees, to be certified 
 on such license under his hand and the seal of the village, and 
 countersigned by the Village Clerk ; nor shall any such license 
 authorize any such person to act under it at more than one place 
 at the same time, nor at any other time than therein specified. 
 Whoever shall violate the provisions of this section shall be deemed 
 as acting without a license, and be subject to the same penalty as 
 is prescribed for acting without a license. 
 
 Sec. 11. Every keeper of a dramshop licensed under the pro¬ 
 vision of the second and third sections hereof shall keep his license 
 posted up in some conspicuous place in his place of business. 
 
ORDINANCES OF THE VIEEAGE OF GRAPE CREEK. 
 
 27 
 
 CHAPTER VIII. 
 
 MISDEMEANORS. 
 
 Section. Section. 
 
 1. Unlawful assembly; refusal to dis- 24. 
 
 perse ; penalty. 
 
 2. Assault and conduct calculated to 
 
 provoke a breach of the peace ; 
 penalty. 25. 
 
 3. Disturbance of the peace, and use 
 
 of bad language ; penalty. 26. 
 
 4. Allowing unlawful assembly; pen- 27. 
 
 alty. 
 
 5. Disturbing peace of city or family. 28. 
 
 6. Aiding and abetting unlawful act; 
 
 penalty. 29. 
 
 7 Disturbing religious assemblage ; 
 
 penalty. 30. 
 
 8. Disturbance on the Sabbath ; pen¬ 
 
 alty. 
 
 9. False alarm of fire or assistance; 31. 
 penalty. 
 
 10. Intoxication ; penalty. 32. 
 
 11. Public indecency ; penalty. 
 
 12. Indecent book or exhibition. 33. 
 
 13. Indecent writing ; penalty. 
 
 14. Indecent exhibition of animals. 34. 
 
 15. Gambling; penalty. 
 
 16. Gaming house ; penalty. 35. 
 
 17. Disorderly or bawdy house, &c.; 
 
 inmates, supporters, &c.; pen- 36. 
 alty. 
 
 18. Vagrancy ; penalty. 37. 
 
 19. Billiard room and other places of 
 
 amusement open on Sunday ; 38. 
 penalty. 
 
 20. Play or amusement on Sunday ; 39. 
 
 penalty. 40. 
 
 21. Place of business open on Sunday; 
 
 penalty. 41. 
 
 22. Cruelty to dumb animals; penalty. 
 
 23. Destruction of property ; penalty. 
 
 Fastening animals to trees, fences, 
 &c., injuring fences, trees, &c., 
 trespassing on property; pen¬ 
 alty. 
 
 Fast driving ; drunken drivers ; 
 penalty. 
 
 Teams left unfastened ; penalty. 
 
 Vehicles to keep to the right; pen¬ 
 alty. 
 
 Discharging firearms, &c.; pen¬ 
 alty. 
 
 Open cellar excavation on alley or 
 sidewalk ; penalty. 
 
 Selling unwholesome provision, 
 adulterated milk or liquors ; 
 penalty. 
 
 Disturbance in the night-time by 
 boys ; penalty. 
 
 Flying kites, and amusements im¬ 
 peding travel ; penalty. 
 
 Throwing stones; slings, &c.; 
 duty of officers ; penalty. 
 
 Climbing on bridges, fences, trees, 
 &c.; penalty. 
 
 Disturbance ; assault; trespass by 
 boys; penalty. 
 
 Sticking bills on premises ; pen¬ 
 alty. 
 
 Concealed weapons ; forfeiture of 
 weapon ; penalty. 
 
 Attempt to commit offense ; pen¬ 
 alty. 
 
 Idling around depot; penalty. 
 
 Disturbing railroad officer, em¬ 
 ployes and travelers ; penalty. 
 
 Jumping on cars ; attempting to 
 ride thereon ; penalty. 
 
 Section i. Any two or more persons who shall assemble for 
 the purpose of disturbing the peace, or of committing any unlawful 
 act, and who shall not disperse when commanded or requested by 
 any peace officer, shall each and severally be subject to a penalty 
 of not less than three dollars, and not exceeding one hundred 
 dollars. 
 
 Sec. 2. Whoevershall assault, strike or fight another, orattempt 
 or offer to do so, or shall be guilty of any conduct calculated to 
 
28 ORDINANCES OF THE VILLAGE OF GRAPE CREEK. 
 
 provoke a breach of the peace, shall be subject to a penalty of not 
 less than three dollars, and not exceeding one hundred dollars. 
 
 Sec. 3. Whoever shall disturb the peace, or shall be guilty of 
 any violent, tumultuous, offensive or disorderly conduct, or shall 
 use obscene, offensive, profane or unseemly language, to the 
 annoyance, disturbance or vexation of another, or shall be guilty 
 of any conduct calculated to provoke a breach of the peace, shall 
 be fined not less than three dollars, nor more than one hundred 
 dollars. 
 
 Sec. 4. Whoever shall knowingly suffer or permit any assem¬ 
 blage for the purpose of disturbing the peace, or of committing 
 any unlawful act, or any breach of the peace, or any riotous, 
 tumultuous, offensive or disorderly conduct, or any loud or unusual 
 noise or disturbance, or obscene, profane or unseemly language, 
 to the annoyance, disturbance or vexation of others, in or upon 
 any premises owned or occupied by him, under his control, shall 
 be subject to a penalty of not less than three dollars, and not 
 exceeding one hundred dollars. 
 
 Sec. 5. Whoever shall disturb the peace and quiet of the village, 
 or any neighborhood, family or person, by loud and unusual noise, 
 shouting, blowing horns, yelling, singing,whistling, or by tumult¬ 
 uous and offensive carriage, or other boisterous and unseemly 
 conduct, shall be fined not less than three dollars, nor more than 
 one hundred dollars. 
 
 Sec. 6. Whoever shall abet or encourage any unlawful act, or 
 any violation of any ordinance of the village, shall be subject to 
 a penalty of not less than three dollars, and not exceeding one 
 hundred dollars. > 
 
 Sec. 7. Whoever shall willfully or heedlessly disturb any 
 assembly of persons met together for religious worship, shall be 
 subject to a penalty of not less than five dollars, and not exceeding 
 one hundred dollars. 
 
 Sec. 8. Whoever shall willfully or heedlessly disturb any lawful 
 assemblage of persons, or shall on the Sabbath day willfully or 
 heedlessly disturb the peace and quiet of any private family, 
 shall be subject to a penalty of not less than five dollars, and not 
 exceeding one hundred dollars. 
 
 Sec. 9. Whoever shall make any false alarm of fire, or any false 
 cry for assistance, shall be subject to a penalty of not less than 
 three dollars, and not exceeding one hundred dollars. 
 
 Sec. 10. Whoever shall be found in a state of intoxication in 
 any public place, or in any place open to public view, or in any 
 private house, to the annoyance of any person, shall be subject 
 
ORDINANCES OF THE VILLAGE OF GRAPE CREEK. 
 
 2 9 
 
 to a penalty of not less than two dollars, and not exceeding fifty 
 dollars. 
 
 SEC. 11. Whoever shall purposely or publicly make any inde¬ 
 cent exposure of his or her person, or shall appear in a dress not 
 belonging to his or her sex, or in any indecent or lewd dress, or 
 in a state of nudity, or shall be guilty of any other indecent or 
 lewd act or behavior, shall be subject to a penalty of not less than 
 five dollars, and not exceeding one hundred dollars. 
 
 SEC. 12. Whoever shall exhibit, sell, or offer to sell, within 
 the limits of said village, any indecent, obscene or lewd book, 
 picture, statue, or other thing, or shall exhibit or perform any 
 indecent, obscene or lewd play, exhibition or other representation, 
 shall be subject to a penalty of not less than five dollars, and not 
 exceeding one hundred dollars. 
 
 Sec. 13. Whoever shall, in any place open to public view, write, 
 mark, draw, cut or make any obscene, lewd or indecent word or 
 sentence, design or figure, shall be subject to a penalty of not less 
 than five dollars, and not exceeding one hundred dollars. 
 
 Sec. 14. Whoever shall indecently exhibit any stud horse, bull, 
 jackass, or other animal in any public place, or shall let any such 
 animal, except in some enclosed place out of public view, shall be 
 subject to a penalty of not less than five dollars, and not exceeding 
 one hundred dollars. 
 
 Sec. 15. Whoever shall in any manner gamble or play for any 
 money or thing of value, or for any check or anything representing 
 or intended to represent the same, or shall set up any lottery, or 
 shall sell or dispose of for gain any ticket, chance or share in any 
 lottery, shall be subject to a penalty of not less than twenty-five 
 dollars, and not exceeding one hundred dollars, in each case. 
 
 Sec. 16. Whoever shall knowingly suffer or permit any species 
 of gaming for money, or any other thing of value, or for any check 
 or other thing intended to represent the same, in any house or 
 premises owned or occupied by him, under his control, or shall 
 keep or have in his possession any gaming implements for the 
 purpose of gaming therewith, shall be subject to a penalty of not 
 less than twenty-five dollars, and not exceeding one hundred 
 dollars in each case. 
 
 Sec. 17. Whoever shall, within said village, keep, maintain, 
 frequent, be an inmate of, or connected with, or contribute to the 
 support of any disorderly, gaming or bawdy house, house of 
 ill-fame or of assignation, or any place for the practice of fornica¬ 
 tion, or shall knowingly suffer or permit any premises owned or 
 occupied by him, under his control, to be used for any such pur¬ 
 pose, shall in each case be subject to a penalty of not less than five 
 dollars, and not exceeding one hundred dollars. 
 
 r 
 
30 
 
 ORDINANCES OF THE VILLAGE OF GRAPE CREEK. 
 
 Sec. i 8. Any person able to work and maintain himself or 
 herself in some honest or respectable calling, not having visible 
 means of support, who shall live idly without employment, or 
 loiter or stroll about begging, or frequenting gaming houses, 
 disorderly or bawdy houses, groceries, tippling houses, or other 
 places where intoxicating liquors are sold, or shall otherwise lead 
 an idle or profligate course of life ; or any person who shall keep 
 any gaming house, or keep or exhibit any gaming implements for 
 the purpose of gaming therewith, or shall pursue gaming, or who 
 shall keep, maintain, or bean inmate of any house ol prostitution, 
 or who shall have in his possession any implements used for 
 counterfeiting, or for the commission of burglary, or for picking 
 locks or pockets, or any implement or device used by cheats and 
 swindlers, without being able to give a good account of his pos¬ 
 session of the same, or who shall trespass upon private property 
 in the night-time, or habitually sleep in sheds, stables, outhouses, 
 or in the open air, without being able to give a good account of 
 himself or herself, shall be deemed a vagrant, and shall be subject 
 to a penalty of not less than ten dollars, and not exceeding one 
 hundred dollars. 
 
 Sec. 19. Whoever shall, on Sunday, keep open any billiard 
 room, ball or pin alley, house, ground, or other place of amuse¬ 
 ment, or shall suffer or permit persons to assemble therein for the 
 purpose of amusement or play, shall be subject to a penalty of 
 not less than five dollars and not exceeding one hundred dollars. 
 
 Sec. 20. Whoever shall, on Sunday, disturb the peace or good 
 order of society, by any play or amusement, shall be subject to a 
 penalty of not less than five dollars, and not exceeding one hundred 
 dollars. 
 
 Sec. 21. Whoever shall, on Sunday (except in case of necessity, 
 or for charitable purposes, or where the party shall conscientiously 
 observe some other day of the week as the Sabbath), keep open 
 his place of business, or pursue his daily business or avocation, 
 shall be subject to a penalty of not less than five dollars, and not 
 exceeding one hundred dollars. 
 
 Sec. 22. Whoever shall inhumanly, cruelly, or unnecessarily 
 beat, abuse, or otherwise maltreat any dumb animal, shall be 
 subject to a penalty of not less than five dollars, and not exceeding 
 one hundred dollars. 
 
 Sec. 23. Whoever shall willfully, maliciously or negligently 
 break, deface, destroy, or otherwise injure any public property 
 of the State, county or village, or any private property, shall be 
 subject to a penalty of not less than five dollars, and not exceeding 
 one hundred dollars, and shall also be liable for the costs and 
 expenses of repairing the injuries committed, which shall be added 
 to the penalty and constitute a part thereof. 
 
ORDINANCES OF THE VIEEAGE OF GRAPE CREEK. 
 
 Sec. 24. Whoever shall, without the consent of the owner or 
 occupant of the premises, fasten any horse, or other animal, to any 
 fence, railing or tree, or to any boxing placed around any tree, or 
 shall willfully, maliciously, of negligently, in any manner injure, 
 deface, remove or destroy any ornamental or shade tree, or boxing 
 placed around the same, or any shrub, fence, railing, gate or 
 sign, upon any public grounds, sidewalks or private premises, or 
 shall trespass upon any private premises, or public grounds, and 
 injure, carry away or destroy any tree, fruit, vegetable, plant, 
 shrub, or other thing which may be therein for ornament or other¬ 
 wise, shall be subject to a penalty of not less than five dollars, 
 and not exceeding one hundred dollars. 
 
 Sec. 25. Whoever shall run, race, or immoderately ride or drive 
 any horse, mule, or other animal, or any team in any street or 
 alley of said village, or whoever shall ride or drive the same, when 
 intoxicated, or whoever shall willfully or heedlessly drive any such 
 animal, so that such animal or any vehicle attached thereto shall 
 come into collision with any other animal or vehicle, or shall strike 
 any person, shall be fined not less than three dollars, nor more 
 than one hundred dollars. 
 
 Sec. 26. Whoever shall have any horse or mule, or any team, 
 in any unenclosed or public place, without being fastened, guarded 
 or secured, so as to prevent its running away, shall be subject to 
 a penalty of not less than three dollars, and not exceeding one 
 hundred dollars. 
 
 Sec. 27. All persons meeting each other in vehicles in the streets 
 or alleys, or in any public place, or upon or near any bridge, shall, 
 unless the nature or state of the roadway or passway shall render 
 it impracticable, each turn and drive to the right side, so as to pass 
 each other without accident or injury. Whoever shall violate the 
 requirements of this section shall be subject to a penalty of not 
 less than three dollars, and not exceeding one hundred dollars, 
 and shall be likewise liable for all damages that may accrue from 
 collision, unless it be satisfactorily shown that the .same occurred 
 from the fault or misconduct of the other party. 
 
 Sec. 28. Whoever shall, in the inhabited part of the village, 
 fire or discharge any cannon, gun or pistol, or other firearm, shall 
 be subject to a penalty of not less than three dollars, and not 
 exceeding one hundred dollars. But the discharge of firearms 
 upon national holidays, and the celebration of other public or 
 general events, or the discharge of firearms by the members of 
 any military company, when on parade, and in accordance with 
 'the command of the commanding officer, or by any village officer 
 or person in the discharge of any legal duty or lawful act, when 
 the same may be done in such a manner as not to endanger the 
 safety of any person, or the injury of any property, shall not be 
 deemed violations hereof. 
 
32 
 
 ORDINANCES OF THE VILLAGE OF GRAPE CREEK. 
 
 Sec. 29. Whoever shall, in the night-time, leave open any 
 cellar, cellar door, vault, well, cistern, excavation, ditch or other 
 like hole, upon or adjoining any street, alley or sidewalk, without 
 securing or protecting the same, so as not to endanger the safety 
 of persons or animals from falling therein, shall be subject to a 
 penalty of not less than three dollars, and not exceeding one hun¬ 
 dred dollars. 
 
 Sec. 30. Whoever shall knowingly sell, expose, or offer for sale 
 any sick or diseased animal, poultry or fish, to be used or eaten 
 for food, or the flesh of any sick, diseased or otherwise unwhole¬ 
 some dead animal, poultry or fish, or the flesh of any animal, fowl 
 or fish, not usually used, or that is deemed unwholesome for food, 
 or any unwholesome provisions or article of food whatever, or any 
 adulterated or pernicious milk, drink or liquors, shall be subject 
 to a penalty of not less than ten dollars, and not exceeding one 
 hundred dollars, in each case ; and the President of the Board of 
 Trustees or any police officer shall seize or cause to be seized and 
 destroyed, any such food, milk, drink, or other provisions so 
 exposed or offered for sale. 
 
 Sec. 31. Any two or more boys who may be assembled together 
 and disturbing any lawful assembly of persons, or make any 
 unusual noise or disturbance, to the disquiet or annoyance of the 
 neighborhood, or who may be found loitering or strolling about, 
 and who shall not disperse and go to their several homes when 
 required by any police officer, shall each, severally, be subject to 
 a penalty not exceeding five dollars in each ca.se, 
 
 Sec. 32. No boy or other person shall, in the inhabited part of 
 the village, use or drive any hoop, or play with any ball, or use 
 any bow and arrow, or raise and fly any kite, or smoke or fire 
 balloon, or (except upon national or other public and general 
 celebrations) make or kindle any bonfire, or fire, explode or set off 
 any firearms, fireball, firecrackers, torpedoes, rocket, or other 
 fireworks, or shall otherwise pursue any amusement or exercise 
 calculated to impede travel or frighten animals, or injure or annoy 
 persons passing along the streets or sidewalks, under a penalty 
 not exceeding five dollars in each case. 
 
 Sec. 33. Any boy or other person who shall cast or throw any 
 stone, brick, club, snowball, or other missile at any person, or 
 from or into any public place, or at, against, into or upon any 
 tree, building, premises, or other property or shall use, play with 
 or have in his possession a sling of any character, or any other 
 instrument or device whatsoever for the casting or throwing of 
 stone, bullet, or other thing, shall be fined not exceeding twenty 
 dollars. And it is hereby made the duty of any police constable 
 of this village to take possession of and destroy any such sling, 
 instrument or device found in the possession of any such boy or 
 person as aforesaid. 
 
ORDINANCES OF THE VIEEAGE OF GRAPE CREEK. 
 
 33 
 
 Sec. 34. Any boy or other person who shall walk upon the top 
 of any bridge or the railing thereof, or on the top or capping of 
 any fence or railing, or shall climb upon the same, or into any 
 shade, fruit, or ornamental tree, upon any sidewalk or in any lot 
 or premises, without the consent of the owner thereof, or shall 
 meddle with any public well, cistern or pump, shall in either 
 case, be subject to a penalty of not exceeding ten dollars. 
 
 Sec. 35. Any boy or other person who shall willfully or heed¬ 
 lessly make any unusual noise or disturbance, to the disquiet or 
 annoyance of others, or shall disturb any assembly met for relig- 
 ous worship, or any other lawful assembly of persons, or who shall 
 assault or strike any other boy or persons, or who shall trespass 
 upon any public grounds or private premises, and injure, carry 
 away, or destroy any tree, fruit, vegetable, plant, shrub, or other 
 thing of value therein, or who shall get into or upon any wagon 
 or other vehicle, without the consent of the owner thereof, or shall 
 otherwise purposely annoy or molest any other person, shall be 
 subject to a penalty of not exceeding ten dollars in each case. 
 
 Sec. 36. Whoever shall, without the consent of the owner or 
 occupant of the premises, post, put up, stick or place any hand¬ 
 bill, placard, show bill or notice, upon any building or place, or 
 shall mark, cut, scratch, or otherwise deface any place, or any 
 part of any building, shall be subject to a penalty of not less than 
 three dollars, and not exceeding one hundred dollars. 
 
 Sec. 37. Whoever shall carry concealed upon or about his 
 person any pistol, revolver, derringer, bowie knife, dirk, slung- 
 shot, metallic knuckles, or a razor, as a weapon, or any other 
 deadly weapon of like character, capable of being concealed 
 upon the person, or whoever shall in a threatening or boisterous 
 manner, flourish or display the same, shall be fined not less than 
 three dollars, nor more than one hundred dollars ; and in addi¬ 
 tion to the said penalty shall, upon order of the magistrate before 
 whom such conviction is had, forfeit the weapon so carried to the 
 village. 
 
 Sec. 38. Whoever attempts to commit any offense prohibited 
 by ordinance, and does any act towards it but fails, oris inter¬ 
 cepted, or prevented in its execution, where no express provision 
 is made bv ordinance for the punishment of such attempt, shall, 
 on conviction of such attempts be subject to the same penalty as 
 by ordinance prescribed for the actual commission of the offense. 
 
 Sec. 39. Any boy or other person who shall, by idling around 
 the depot of any railroad or the grounds adjoining thereto, and 
 used in connection therewith, impede, molest or obstruct the 
 officers or employes, or any of them, engaged in running cars or 
 locomotives on such railroad, or in prosecuting their or his lawful 
 business or duties connected therewith, and shall not, on being 
 
34 
 
 ORDINANCES OF THE VILLAGE OF GRAPE CREEK. 
 
 requested so to do by any such officer or employe, or any police 
 constable of the village, immediately leave such depot or 
 grounds, shall be deemed guilty of a misdemeanor, and be sub¬ 
 ject to a penalty of not exceeding ten dollars. 
 
 Sec. 40. Any boy or other person who shall, by unnecessarily 
 running about the depot of any railroad, or the grounds used in 
 connection therewith, obstruct, interrupt or disturb any officer or 
 employe of the person, company or corporation having charge of 
 and operating such railroad from or in prosecuting or carrying on 
 the proper, legitimate and lawful business of such person,company 
 or corporation, in connection with the operating of such railroad, 
 or shall interfere with or disturb any traveler or travelers by such 
 railroad, or other person or persons having lawful business to 
 transact there, shall be deemed guilty of a misdmeanor, and shall 
 be liable to a penalty of not exceeding ten dollars. 
 
 Sec. 41. Any person who shall jump, or climb upon, or catch 
 hold of and hang to any railroad car or locomotive, while the same 
 is in motion, or who shall by clinging to the outside of, or climb¬ 
 ing or getting upon any such car or locomotive, whether in 
 motion or not at the time of clinging to or climbing, or getting 
 upon the same, attempt to ride thereon from one place to another 
 within the village, not being or intending to become a passenger 
 on such railroad, by the train with which such car or locomotive 
 is connected, beyond the limits of the village, or from one station 
 to another on said railroad, and not being an officer or employe, 
 of the person, company or corporation operating and controling 
 such railroad, shall be deemed guilty of a misdemeanor, and shall 
 be subject to'a penalty of not less than five dollars, and not 
 exceeding one hundred dollars. 
 
 CHAPTER IX. 
 
 NUISANCES. 
 
 Section. Section. 
 
 1. Nuisance defined;refusing to abate; 7. Hog pen when offensive; declared 
 
 penalty. a nuisance; penalty for refusing 
 
 2. Nauseous liquid, &c., a nuisance ; to abate after notice. 
 
 penalty. 8. Slaughter houses, other offensive 
 
 3. Depositing offensive liquid or sub- establishments; penalty. 
 
 stance within the village a nui- 9. Permits for slaughter houses, 
 sauce; penalty. 10. Time for which permit shall issue. 
 
 4. Permitting dead animal to remain 11. Building in danger of falling de- 
 
 t in the village a nuisance; penalty dared a nuisance. 
 
 5. Nuisance found; owner to abate on 12. Duty of President of Board of 
 
 notice ; penalty. Trustees. 
 
 6. Stagnant water on premises a nui- 13. Wliereownerorauthorofnuisance 
 
 sance - is unknown, or cannot be found. 
 
 Section i. Any premises or any part thereof, which may be 
 
ORDINANCES OF THE VILLAGE OF GRAPE CREEK. 
 
 35 
 
 nauseous, foul or offensive to the neighborhood, or to any person 
 or family residing near the same, or to persons passing along any 
 street or alley near the same, or which may be in such a •condition 
 as to be detrimental or obnoxious to the public health or comfort, 
 shall be deemed a nuisance; and any owner or occupant of such 
 premises, who shall refuse or neglect to abate, remedy or remove 
 such nuisance, or cleanse such premises, after notice thereof by 
 the commissioner of streets, or any police constable, or any person 
 aggrieved thereby, shall be subject to a penalty of not less than 
 two dollars for each day he shall so neglect to abate, remove, 
 remedy or cleanse the same after such notice. 
 
 Sec. 2. Any nauseous, foul, offensive or putrid liquid, or sub¬ 
 stance likely to become nauseous, foul, offensive or putrid which 
 may be discharged, placed, thrown or flow from or out of any 
 premises into any street or alley, or into any adjacent premises, 
 is hereby declared a nuisance; and whoever shall throw, place or 
 discharge any nauseous, foul or offensive or putrid liquid or sub¬ 
 stance or any liquid or substance likely to become nauseous, 
 offensive, foul or putrid into any street or alley, or into any ad¬ 
 jacent premises, or shall permit any such nuisance to flow or to be 
 discharged from or out of any premises occupied or owned by 
 him, or under his control, into any street or alley, or into any 
 adjacent premises, shall be subject to a penalty of not less than 
 two dollars, and to a like penalty for each day he shall not abate, 
 remedy or remove the same after notice thereof by the commis¬ 
 sioner of streets, or any police constable, or any person agrieved 
 thereby. 
 
 Sec. 3. Whoever shall deposit, throw, discharge or leave any 
 nauseous, foul, offensive or putrid liquid, substance or excre¬ 
 ment, or any liquid or other substance likely to become nau¬ 
 seous, foul, offensive or putrid within the village, shall be 
 deemed guilty of a nuisance, and subject to a penalty of not less 
 than two dollars, and to a like penalty for each day he shall not 
 abate, remedy or remove such nuisance, after notice thereof by the 
 commissioner of streets, any police constable, or any person 
 aggrieved thereby. 
 
 SEC. 4. Any person who shall knowingly suffer any dead ani¬ 
 mal belonging to him to remain within the village, or within one- 
 half mile thereof, so as to be likely to become putrid and nauseous 
 or offensive to any person residing in the village, shall be deemed 
 guilty of a nuisance and shall be subject to a penalty of not less 
 than three dollars. 
 
 Sec. 5. When any nuisance or anything likely to become a 
 nuisance, shall be found by the commissioner of streets, or any 
 police constable, or any member of the Board of Trustees, or shall 
 be reported to them, or either of them, the owner, author or cause 
 
36 ORDINANCES OF THE VIEEAGE OF GRAPE CREEK. 
 
 of such nuisance shall forthwith be ordered to abate, remedy and 
 remove the same ; and, in case he should not comply with such 
 notice, the officer shall abate such nuisance, and bring suit 
 against such persons in the name of the village, ‘for the penalty, 
 and the costs of the removal or abatement may also be recov¬ 
 ered with the penalty or by a seperate suit in the name of the 
 village, before any court having jurisdiction. When any nuis¬ 
 ance or anything likely to become a nuisance may be found 
 upon any premises, and the owner, author or cause of such nuis¬ 
 ance is unknown or cannot be found, the owner, occupant or 
 agent of such premises shall be notified to abate the same, and if 
 such owner or agent or occupant, whose duty it is to abate such 
 nuisance, shall not comply with such notice, he shall be subject 
 to a penalty of not less than two dollars, and not exceeding one 
 hundred dollars, and the officer shall proceed without delay to 
 abate the same, and may bring suit in the name of the village 
 against the person liable therefor for the penalty and costs of 
 removal or abatement, as in other cases ; or, if no person liable 
 therefor can be found, may report such costs to the Board of 
 Trustees for allowance. When the owner, author or cause of 
 such nuisance, or the owner or his agent, or the occupant of the 
 premises upon which such nuisance may exist, is unknown or 
 cannot be found within the village, the officer shall abate such 
 nuisance forthwith, without notice, and may bring suit in the 
 name of the village for the penalty and costs of removal or 
 abatement against the owner or occupant of the premises, or other 
 person liable therefor, or if no person liable therefor can be found, 
 may report the costs of such removal or abatement to the Board 
 of Trustees for allowance. 
 
 Sec. 6. Any lot or premises upon which stagnate water may be 
 standing so as to become likely to become putrid, foul, offensive, 
 or detrimental to the health and comfort of persons residing in the 
 neighborhood thereof, is hereby declared a nuisance, and shall be 
 abated in the same manner as in the preceding section. 
 
 Sec. 7. Any pen, place or premises in which swine are kept or 
 confined, which may be offensive or an annoyance to any person 
 residing near the same, or to persons passing along any street or 
 alley near the same, is hereby declared a nuisance. And the 
 owner or keeper of such swine, or the owner or occupant of the 
 premises, who shall neglect or refuse to abate, remedy or remove 
 such nuisance, after notice thereof by the commissioner of streets, 
 or any police constable or any person aggrieved thereby, shall be 
 subject to a penalty of not less than two dollars for each day he 
 shall so neglect or refuse to abate, remedy or remove such nuis¬ 
 ance after such notice. 
 
 Sec. 8. Whoever shall locate, erect, carry on, occupy or use, 
 any slaughter house, for slaughtering animals, or any packing 
 
ORDINANCES OF THE VIEEAGE OF GRAPE CREEK. 
 
 37 
 
 house, soap factory, tallow chandlery, bone factory, or any 
 establishment for rendering lard, tallow, offal, dead animals or 
 other substances of like nature, within the limits of said village 
 or within the distance of one mile without the village limits, 
 without the permission of the Board of Trustees, shall be deemed 
 guilty of a nuisance, and shall be fined not less than five dollars, 
 nor more than one hundred dollars. 
 
 Sec. .9. Any person desiring to obtain a permit to locate or 
 operate a slaughter house, or any of the establishments enum¬ 
 erated in section ten of this chapter, within limits of said village, 
 or within one mile without said limits, shall make a written 
 application therefor to the Board of Trustees, stating the busi¬ 
 ness he is desirous of pursuing, and specifying the location or 
 premises where the same is to be conducted. Said Board of 
 Trustees may thereupon grant the said permit in its discretion, 
 and if said permit is granted the applicant, before he can do busi¬ 
 ness under the same, shall execute to the said village a bond in 
 the penal sum of five hundred dollars, with one or more surieties 
 to be approved by the Board of Trustees, conditioned that the 
 said applicant will comply with all ordinances then or thereafter 
 in force regulating such establishments, or such business, and 
 that he will pay all fines or penalties or judgments recovered 
 against him by such village before any court of competent juris¬ 
 diction, for the violation of any ordinance of said village relating 
 to said business, and that he will also pav all costs, charges or 
 expenses incurred by said village, or any of its officers, in cleans¬ 
 ing or renovating the premises, or in abating or removing an5' 
 nuisances thereon, where the said business shall be carried on. 
 
 Sec. 10. Where any person to whom any such permit shall be 
 granted, shall be convicted of a violation of any ordinance of the 
 village regulating such establishments, before any court of 
 competent jurisdiction, then the village board in its discretion 
 may revoke such permit, and declare the same null and void. 
 
 Sec. 11. Any building or erection, or part thereof, which shall 
 be in danger of falling, or otherwise in such a condition as to 
 endanger the safety of persons passing under or near the same, 
 or residing adjacent thereto, or to endanger any'propertv contig¬ 
 uous thereto, is herby declared to be a nuisance. 
 
 Sec. 12. When knowledge of any such dangerous building or 
 erection shall come to the President of the Board of Trustees, he 
 shall, without delay, summon three disinterested citizens of the 
 village, who shall with him inspect such building or erection, 
 if they, or a majority of them, shall be of the opinion that the 
 same endagers the safety of persons passing under or near the 
 same, or residing adjacent thereto, or any property contiguous 
 thereto, the President of the Board of Trustees shall without 
 delay notify, or cause to be notified the owner or person having 
 
38 ORDINANCES OF THE VIEKAGE OF GRAPE CREEK. 
 
 charge of such building or erection forthwith to remove, demol¬ 
 ish or otherwise secure the same, or such part thereof as may be 
 necessary ; and upon his failing or refusing to comply with such 
 notice, the President of the Board or Trustees shall, without 
 delay, cause such building or erection, or such part thereof as 
 may be necessary to be removed, demolished or otherwise secured, 
 so as to be safe and harmless, and the owner of such building or 
 erection, or person having charge of the same, who shall fail or 
 refuse to comply with such notice, shall be subject to a penalty 
 of not less than twenty dollars, and not exceeding one hundred 
 dollars; and the costs of removing, demolishing or securing such 
 building or erection, shall be reported to the village board by the 
 President of the Board of Trustees, and the same may be col¬ 
 lected of the owner of such building or erection, or person 
 having the same in charge, by suit in the name of the village, 
 before any court having jurisdiction. 
 
 SEC. 13. When any nuisance, or anything likely to become a 
 nuisance, is found upon any premises, and the owner, tenant or 
 occupant of said premises, or the author or cause of said nuis¬ 
 ance cannot be found, or is unknown, the village constable, or 
 any police constable of said village, shall forthwith enter upon 
 such premises, and abate, remedy or remove such nuisance. The 
 village constable shall report to the Board of Trustees the cost 
 and expense of the abatement of such nuisance, and a suit to recover 
 the amount thereof shall be instituted in the name of the village 
 against the owner or occupant of said premises or against the 
 author of such nuisance in any court of competent jurisdiction 
 where he shall be found. 
 
 CHAPTER X. 
 
 ORDINANCES. 
 
 Section. Section. 
 
 1. Repeal ; publication. 10. Prosecutor mav choose under dif- 
 
 2. Conflict, &c. % . ferent ordinances. 
 
 3. “ Court ” defined. 11. Words reasonable time” ex- 
 
 4. Repeal of repealing ordinance. plained. 
 
 5. Construction of words. 12. £)nty of Village Clerk on pas- 
 
 6. Same. sages of ordinances. 
 
 7. Powers of acting President of Vil- 13. Same. 
 
 lage; village constable extended 14. Ordinances; when in force, 
 to police constables. 15. Old ordinances to remain in force. 
 
 <8. Ordinances liberally construed. 
 
 9. Repeal of ordinance ; release from 
 penalty under same. 
 
 Section i. When any ordinance or part of an ordinance shall 
 be repealed or modified by a subsequent ordinance, the ordinance 
 
ORDINANCES OF THE VILLAGE OF GRAPE CREEK 
 
 39 
 
 or part of an ordinance thus repealed or modified shall continue 
 in force until the publication or the ordinance repealing or 
 modifying the same, unless it shall be therein otherwise expressly 
 provided. 
 
 Sec. 2. When the provisions of different ordinances or of the 
 different chapters of any ordinance conflict with or contravene 
 each other, the provisions and requirements of each ordinance or 
 chapter shall prevail as to all subjects, matters and questions, 
 arising out of or embraced within the subject matter thereof. 
 But if different provisions be found in different sections of the 
 same ordinance, the provisions of the section which is last in 
 numerical order shall prevail, unless such construction would be 
 repugnant to or inconsistent with the meaning of such ordinance 
 or chapter. 
 
 SEC. 3. The word “ court,” when used in any ordinance, shall 
 be construed to mean any court of competent jurisdiction, whether 
 police magistrates’ courts, justices of the peace, or other courts 
 of record. 
 
 Sec. 4. No ordinance or part of any ordinance, repealed by any 
 other ordinance, shall be revived by the repeal of the repealing 
 ordinance, unless it shall be therein otherwise expressly provided. 
 
 Sec. 5. When in any ordinance words importing the singular 
 number are used in reference to any person or subject matter, such 
 words shall be deemed to extend to and embrace several persons, 
 matters or subjects, and words used collectively or importing 
 plural number shall be deemed to extend to and embrace any 
 singular person, matter or subject as well as to several; and when 
 any person or subject matter shall be named, referred to or described 
 by words importing the masculine gender, or by general terms, 
 females as well as males shall be deemed included in the meaning 
 and terms thereof, and the words “ person ” and “ persons,” or 
 words importing any person or persons, shall be deemed to in¬ 
 clude corporations as well as individuals. 
 
 Sec. 6. The word “month,” when used in any ordinance, 
 shall be construed to mean a calendar month, and the word 
 “ oath ” shall be deemed to include an affirmation, and the word 
 “sworn” to mean sworn or affirmed. 
 
 Sec. 7. When any duty shall be required of or power vested in 
 the President, the same shall be deemed to extend to and em¬ 
 brace, and may be exercised by the acting President or President 
 pi'o tern also, and when any duty shall be required of or 
 power vested in the village constable, the same shall be deemed 
 to extend to and embrace and may be exercised by policemen, 
 unless such construction would be contrary to the terms of the 
 ordinance or in derogation of the village charter. 
 
 Sec. 8. The rules of construction herein prescribed shall apply 
 
40 
 
 ORDINANCES OF THE VILLAGE OF GRAPE CREEK. 
 
 in all cases, unless it shall be otherwise expressly provided in the 
 ordinance, or unless there be something in the subject matter or 
 context thereof repugnant to such construction, and all general 
 terms, provisions, phrases or expressions used in any ordinance 
 shall be liberally construed, in order that the true meaning and 
 intent of the Board of Trustees may be carried out. 
 
 Sec. 9. No fine, forfeiture, penalty, right, action, suit, debtor 
 other liability whatever, created, instituted, incurred or accrued 
 by or under any ordinance, prior to its repeal or modification, 
 shall be released, discharged, amended or repealed, or in anywise 
 affected by the passage of such repealing or modifying ordinance, 
 but the same may be prosecuted, recovered or enjoyed, or any 
 suit or other proceeding commenced or completed thereon, as 
 fully, and in the same manner in all respects, as if such ordinance 
 or part thereof had remained in full force, unless it shall be other¬ 
 wise expressly provided in the ordinance making such repeal or 
 modification. 
 
 Sec. 10. When any fine or penalty shall be imposed by differ¬ 
 ent ordinances, or sections or clauses of different ordinances, for 
 the same offense, the officer or other person prosecuting may 
 choose under which ordinance or section to proceed, and a recov¬ 
 ery under the same shall be a bar to any further proceedings 
 under any other provision for the same offense. 
 
 SEC. 11. When in any ordinance any act shall be required to be 
 done within a “reasonable time,” or upon a “reasonable notice,” 
 such reasonable time or reasonable notice shall be deemed to 
 mean such time only as may be necessary in the prompt execu¬ 
 tion of such duty or compliance with such notice. 
 
 Sec. 12. All ordinances passed by the Board of Trustees shall 
 be enrolled by the village clerk in the record book of ordinances, 
 and shall be properly indexed by their titles or subjects, and he 
 shall, without delay, cause all ordinances to be published in the 
 newspapers authorized to publish the ordinances of the village, 
 with his certificate under the corporate seal attached that the 
 same is a true and authentic copy of the original ordinance (or 
 ordinances), and that it is printed and published by authority of 
 the Board of Trustees. He shall procure an affidavit of the 
 printer or the publisher of the newspaper publishing the ordi¬ 
 nances of the village, of the due publication of such ordinance, 
 and attach the same to the original ordinance, or he may write 
 and attest such affidavit, or any other competent proof of such 
 due publication upon the face of the record of ordinance. 
 
 Sec. 13. The Village Clerk shall file and preserve the originals 
 of all ordinances in his office, and he may correct any errors in 
 the numbering of any chapter or section of any ordinance, and 
 insert the proper numbers; and he may omit words inserted, or 
 
ORDINANCES OF THE VIEEAGE OF GRAPE CREEK. 
 
 41 
 
 supply with brackets words omited by clerical mistake. He 
 shall attend to the printing of all ordinances requiring publica¬ 
 tion or ordered to be published, and read the proof sheets thereof, 
 and see that they are correctly and properly printed and published. 
 
 SEC. 14. All ordinances passed by the Board of Trustees and 
 requiring publication, shall be in force from and after due publi¬ 
 cation thereof, unless it shall be therein otherwise expressly pro¬ 
 vided. All ordinances or parts of ordinances in conflict with 
 this ordinance are hereby repealed. 
 
 SEC. 15. All ordinances now in force in the Village of Grape 
 Creek, and not inconsistent with these, the revised ordinances, 
 shall remain in force under these ordinances until altered, modi¬ 
 fied or repealed by the Board of Trustees, after these, the 
 revised ordinances, shall take effect. 
 
 CHAPTER XI. 
 
 OFFICERS AND THEIR DUTIES. 
 
 Section 
 
 1. Officers appointed. 
 
 2. Oath of office. 
 
 3. Commission. 
 
 4. Money collected to be paid i 
 
 treasury, &c. 
 
 5. Bond of Clerk. 
 
 6. Duty of Clerk. 
 
 7. Bond of Treasurer. 
 
 Section. 
 
 8. Duty of Treasurer. 
 
 9. Bond of Constable and Street 
 
 Commissioner. 
 
 10. Duty of Street Commissioner. 
 
 11. Salaries of Officers. 
 
 12. Bonds of village officers. 
 
 13. May employ counsel. 
 
 Section i. There shall be appointed annually by the Presi¬ 
 dent and Board of Trustees of the Village of Grape Creek, at the 
 first regular meeting of the Board of Trustees held after the 
 annual election for trustees, or as soon thereafter as practicable, 
 the following name village officers, to-wit: Treasurer, Con¬ 
 stable and Street Commissioner, each of whom shall hold his 
 respective office untill his successor is appointed and qualified. 
 
 Sec. 2. Each of said officers shall, before entering upon the 
 duties of their respective offices, take and subscribe the following 
 oath or affirmation : 
 
 “ I do solemnly swear (or affirm, as the case may be), that I 
 will support the Constitution of the United States, and the Con¬ 
 stitution of the State of Illinois, and that I will faithfully dis¬ 
 charge the duties of the office of-according to the best of my 
 
 ability.” 
 
 Which oath or affirmation, so subscribed, shall be filed in the 
 office of the Village Clerk. 
 
42 ORDINANCES OK THE VILLAGE OF GRAPE CREEK. 
 
 Sec. 3. When any such officer shall have taken and subscribed 
 the foregoing oath, or affirmation, and given bond as hereinafter 
 required, the Village Clerk shall make and deliver to him a com¬ 
 mission under the corporate seal of the village. Said commis¬ 
 sion shall be signed by the President of the Board of Trustees, 
 and the Village Clerk, and shall be substantially as follows, viz : 
 
 “A. B., President of the Board of Trustees of the Village of 
 Grape Creek, greeting : 
 
 “ Know ye, that C. D., having been duly appointed and qual¬ 
 ified to the office of-of the Village of Grape Creek, I, 
 
 A. B., President of the Board of Trustees of said village, for and 
 
 in behalf of the people thereof, do hereby commission-in 
 
 and for said village, to have and possess said office, with all the 
 rights, powers and emoluments incident thereto, with authority 
 to execute all the duties thereof according to law, untill his suc¬ 
 cessor shall be duly chosen and qualified. 
 
 I11 testimony whereof, I have hereunto set my hand and caused 
 
 the corporate seal of said village to be affixed thereto, this- 
 
 day of-, A. D. 189—. 
 
 A. B., President of the Board of Trustees. 
 
 C. D., Clerk. 
 
 Sec. 4. All officers collecting or receiving any moneys on 
 account of the village, shall pay the same as fast as collected into 
 the village treasury, in the same kind of funds as received by 
 them, and shall, on the first regular meeting of each month, 
 report to the Board of Trustees an accurate statement in writing 
 of all the moneys received by them the preceding month, specify¬ 
 ing the amount, from whom, and on what account received. No 
 officer shall retain any moneys received or collected by him 
 towards the payment of any salary or fees which may be coming 
 to him from the village, but shall pay the same into the treasury 
 Any officer violating any provision of this section shall be 
 subject to a fine of not less than ten dollars, nor more than 
 one hundred dollars. 
 
 Sec. 5. The Village Clerk shall give bond in the penal sum of 
 not less than one hundred dollars, with security to be approved 
 by the Board of Trustees, conditioned for the faithful perform¬ 
 ance of the duties of his office according to law and the ordin¬ 
 ances of said village, and that he will promptly pay over to the 
 Village Treasurer all moneys coming into his hands belonging 
 to the village ani that he will, at the expiratio 1 ofhis term of 
 office, turn over to his successor, or the Board of Trustees, all 
 books, papers and other property coming into his hands as Clerk. 
 vSaid bond shall be deposited with, and be kept by, the Treasurer 
 of said village. 
 
ORDINANCES OF THE VIEEAGE OF GRAPE CREEK. 
 
 43 
 
 Sec. 6. It shall be the duty of the Village Clerk to attend all 
 meetings of the Board of Trustees, keep a full and correct journal 
 of its proceedings, and to record at length all ordinances passed 
 by said Board ; to carefully preserve in his office all books, 
 records and papers belonging to the village which may come into 
 his hands; to keep full and complete accounts and exhibits ot all 
 financial transactions of the village in books as provided for that 
 purpose; and to preserve in his office all bills on which any money 
 may be paid out by said village ; and said clerk shall also keep a 
 cash book, showing the financial condition of the village at all 
 times; he shall also prepare a blank appropriation ordinance and 
 present the same to the Board to be filled by them at the first 
 regular meeting of the Board of Trustees in June of each year ; 
 also prepare a blank for the annual levy of taxes and submit the 
 same to said Board by the first regular meeting in August of each 
 year. 
 
 Sec. 7. The Treasurer shall give bond in the penal sum of not 
 less than one thousand dollars, with security to be approved by 
 the Board of Trustees, conditioned for the faithful performance 
 of the duties of his office, and the payment of all moneys re¬ 
 ceived by him, according to law and the ordinances of said vil¬ 
 lage. Which bond shall be filed with the Village Clerk. 
 
 SEC. 8. It shall be the duty of the Treasurer to keep a record 
 of all financial operations of the village ; receive all moneys be¬ 
 longing to the village, and be responsible for the same ; keep a 
 regular account of all moneys received and paid out. He shall, at 
 the end of each month, render an account to the Board of 
 Trustees under oath, showing the state of the treasury at the date 
 of such account, and the balance of money in the treasury. He 
 shall also file copies of all receipts with the Clerk at the date of 
 his monthly reports. He shall pay out no money except on war¬ 
 rants therefor signed by the President of the Board of Trustees, 
 and countersigned by the Clerk. No such warrants shall be so 
 paid unless the same are in the form prescribed by the statute of 
 the State of Illinois. The Treasurer shall perform such other 
 duties as are required by the statute of the State of Illinois, and 
 shall post an annual statement of the financial operations of said 
 village for at least ten days prior to the annual election for 
 village officers, which statement shall be so posted at the usual 
 place of voting for village officers. 
 
 Sec. 9. The Village Constable and Street Commissioner shall 
 each give bonds in the penal sum of five hundred dollars with 
 security to be approved by the Board of Trustees, conditioned for 
 the faithful performance of the duties of his office, and payment 
 of all moneys collected by him belonging to the village, accord¬ 
 ing to law and ordinances of said village. 
 
44 
 
 ORDINANCES OF THE VIEEAGE OF GRAPE CREEK. 
 
 Sec. io. It shall be the duty of the Street Commissioner to 
 superintend the streets, roads, alleys and sidewalks in the vil¬ 
 lage ; to keep the same in repair ; to superintend and direct all 
 labor performed thereon; to inspect all streets, alleys and private 
 premises, in quest of nuisances, with a view to the cleanliness 
 and health of the village, at least once a week during the months 
 of May, June, July, August and September, and perform such 
 other and further duties as may be prescribed by the ordinances 
 of said village, or the order of Board of Trustees, or its com¬ 
 mittee on Streets and Alleys. He shall receive such compensa¬ 
 tion for his services as the Board of Trustees may direct, not to 
 exceed two dollars per day of eight hours each, for each day’s 
 labor actually performed. 
 
 Sec. ii. The salaries of all village officers, except as other¬ 
 wise provided, shall be fixed each year by the Board of Trustees 
 at the first regular meeting in May, and when so fixed shall not 
 be changed during the municipal year. The fees of the Police 
 Magistrate shall be as follows, to-wit : 
 
 For each summons, warrant or subpoena. 
 
 “ taking each complaint. 
 
 “ each continuance. 
 
 “ administering oath to each person. 
 
 ‘ ‘ entering judgment. 
 
 “ issuing execution. 
 
 “ taking security for costs... 
 
 “ entering application for appeal. 
 
 “ taking bond on appeal. 
 
 “ each transcript in each case of appeal or change of 
 
 venue.. 
 
 “ docketing each suit. 
 
 “ issuing jury warrant. 
 
 “ each recognizance to appear for trial. 
 
 “ each mittimus... 
 
 “ each liberate. 
 
 “ entering verdict of jury.'. 
 
 “ each order of judgment thereon. 
 
 “ each order issued to any constable or other person. 
 
 “ taking replevy bond. 
 
 “ trial . 
 
 35 cts. 
 
 35 
 
 i5 
 
 05 
 
 25 
 
 25 
 
 25 
 
 25 
 
 25 
 
 4 4 
 
 4 4 
 4 4 
 4 4 
 4 4 
 4 1 
 4 4 
 4 4 
 
 50 
 
 25 
 
 25 
 
 50 
 
 50 
 
 50 
 
 15 
 
 25 
 
 35 
 
 35 
 
 4 V 
 
 4 4 
 4 4 
 
 4 4 
 4 4 
 4 4 
 
 4 4 
 
 4 4 
 
 4 4 
 4 4 
 
 $2 OO 
 
 The fees of the Village Constable or Police Constable shall be 
 as follows, to-wit : 
 
 Serving each summons . 35 cts. 
 
 Serving warrant on each person .. 50 ‘ ' 
 
 Mileage per mile each way from office of magistrate to resi¬ 
 dence of defendant .. 5 “ 
 
 Arrest without warrant .. $1 00 
 
ORDINANCES OF THE VI EE AGE OF GRAPE CREEK. 
 
 45 
 
 Taking each person to jail. 75 cts. 
 
 Serving and returning execution. 50 “ 
 
 Advertising property for sale. 50 ‘ ‘ 
 
 Serving each notice. : . 35 “ 
 
 Removing nuisance. 75 “ 
 
 Commission on sales not exceeding ten dollars, ten per centum; 
 011 all sales exceeding that sum, five per centum. And for other 
 services, the same fees they would be entitled to for a similar 
 service under the laws of the State. 
 
 The fees of the Village Clerk, in addition to his salary for at¬ 
 tendance at meetings shall be as follows, to-wit : For the writ¬ 
 ing and posting of each advertisement or notice twenty-five cents 
 each, and to each notice of officers elected fifteen cents, for each 
 license issued twenty-five cents, for recording any instrument of 
 writing fifteen cents for each one huundred words or less, for 
 transcribing any instrument of writing from the records of his 
 office twenty-five cents for each one hundred words or less, to be 
 paid for by the parties getting the same, and for each instrument 
 of writing filed in his office fifteen cents ; and for all other ser¬ 
 vices not specified above, the same fees as are allowed to the town 
 clerk under the laws of the State. 
 
 Sec. 12. The Board of Trustees may, by an ordinance, require 
 any village officer, before entering upon the discharge of the 
 duties of his office, to execute bond to the village in such sum as 
 may be named in the order, and with such sureties as they may 
 approve. But no member of the Board of Trustees, or officer of 
 the village, shall be received as surety on the official bond of any 
 village officer. The Board of Trustees may at any time require a 
 new bond to be executed by any village officer, if from any cause 
 they shall deem the old bond insufficient, or the surieties thereon; 
 but the execution of such new bond shall not in any manner 
 effect any liability, loss or damage incurred under the old bond, 
 or release the surieties from any liabilities incurred thereon. 
 
 SEC. 13. The President and Board of Trustees may employ 
 counsel for any length of time not exceeding two years, and it 
 shall be the duty of said counsel when employed, to attend all 
 regular meetings, to draft all ordinances when required to do so, 
 prosecute all cases for violation of the village ordinances or 
 against any of the village officers on account of their official acts, 
 to furnish his written opinion on any subject submitted to him by 
 the President and Board of Trustees and to report to said Board 
 concerning any suit to which said village is a party, when 
 required to do so by the Board. 
 
46 ORDINANCES OF THE VIEEAGE OF GRAPE CREEK. 
 
 CHAPTER XII. 
 peddeers. 
 
 Section. Section. 
 
 1. Selling without license ; penalty. 4. Not to enter private dwellings ; 
 
 2. Peddlers defined. • penalty, etc. 
 
 3. Tax for license to peddlers, &c. 5. Discretion of President in cases of 
 
 charity. 
 
 Section i. No person shall hawk or peddle merchandise or 
 other articles of value in the village, without a license therefor, 
 under a penalty of not less than three dollars, and not exceeding 
 fifty dollars, for each offense. 
 
 Sec 2. All sales of goods or merchandise made by any person 
 remaining transiently in the village, for the purpose of disposing 
 of the same by retail, or by traveling or going about from one 
 place to another, with goods or merchandise, and selling or dis¬ 
 posing of the same by retail, shall be deemed peddling under the 
 provisions hereof. 
 
 Sec. 3. For a license to haw T k or peddle there shall be taxed 
 and collected not less than fifty cents per day; provided , however, 
 that a license may issue for one year on the payment of five dol¬ 
 lars. No license shall be required for peddling or vending of, or 
 marketing vegetables, fruits, cakes, nuts and other like refresh¬ 
 ments. 
 
 Sec. 4. No peddler shall enter any private dwelling in this vil¬ 
 lage without being admitted into the same, or shall insist upon 
 the showing or sale of his goods or wares to any person, after 
 being told by such person that he or she does not wish to pur¬ 
 chase the same, or shall otherwise vex and annoy any person, 
 under a penalty of not less than three dollars, and not exceeding 
 one hundred dollars for each offense, and a forfeiture of his 
 license, in the discretion of the Board of Trustees, or the police 
 magistrate, or other court before whom conviction may be had. 
 
 Sec. 5. Whenever, in the judgment of the President, it would 
 be a proper charity to allow any sick, crippled or helpless person, 
 or any person in poverty or distress, to sell or peddle notions, or 
 other like property, without requiring the license fee herein 
 charged, to be paid, the President may grant such a person a per¬ 
 mit to sell free of charge. Such permit to be revoked at any time, 
 in the discretion of the President of the Board of Trustees. 
 
ORDINANCES OF THE VILLAGE OF GRAPE CREEK. 
 
 47 
 
 CHAPTER XIII. 
 
 POLICE DEPARTMENT. 
 
 Section. Section. 
 
 1. Police department to consist of; 8. 
 
 wlioni. 
 
 2. Duty of officers ; arrest without 
 
 process; committal over night 
 or Sunday. 9. 
 
 3. Rights of officers to enter suspected 
 
 places. 10. 
 
 4. Supervisors to make arrests; when. 11. 
 
 5. Party under arrest when intoxi¬ 
 
 cated, to be confined till sober. 12. 
 
 6. Falsely claiming to be an officer; 
 
 penalty. 
 
 7. Resisting officer or refusing to 13. 
 
 obey ; penalty. 
 
 14. 
 
 Attempting to rescue, or assisting 
 to escape, or furnishing with in¬ 
 toxicating liquors, prisoners ; 
 penalty. 
 
 Duty to aid officers ; penalty for 
 neglecting or refusing. 
 
 Officers neglecting duty; penalty. 
 
 Statement filed before suit com¬ 
 menced ; for whom. 
 
 Bail; officer to take, when, condi¬ 
 tion of bond ; amount of ; to be 
 filed ; forfeiture of. 
 
 Officers to attend as witnesses 
 and procure evidence. 
 
 Commitment; labor by prisoners, 
 etc. 
 
 Section i. The Police Department of the Village of Grape 
 Creek shall consist of the Trustees and the Police Magistrate, 
 who shall ex-officio be members of the Police Department, the Vil¬ 
 lage Constable and such Police Constables as may be appointed 
 by the Board of Trustees. 
 
 Sec. 2. All members of the Police Department shall cause all 
 the ordinances of the village to be observed and enforced. When 
 any violation of law, or of any ordinance, shall come to the knowl¬ 
 edge of any member of the police department, or be reported to 
 him, he shall, without delay, cause the proper complaint to be 
 made before a police magistrate or other competent court, and the 
 proper witnesses to be summoned or evidence procured for the suc¬ 
 cessful prosecution of the offender. Any member of the Board of 
 Trustees, or police magistrate may, and all other police officers 
 shall, arrest, with or without process, any person who shall be 
 found in the act of violating any ordinance of the village, and 
 commit him for examination, and, if necessary, detain him in 
 custody over night, or over Sunday, or place him in the county 
 jail, or other secure place, until he can be brought before the 
 Police Magistrate or other competent court. 
 
 Sec. 3. Any police officer shall have authority, upon reasona¬ 
 ble grounds of suspicion, to enter, peacably, or if refused or re¬ 
 sisted after demand made, by force, any house or other premises, 
 in which any person may be suspected to be, for unlawful pur¬ 
 poses, and may arrest, without process, aii) r person who may be 
 found therein, guilty or reasonably suspected to be guilty of any 
 
48 
 
 ORDINANCES OF THE VIEEAGE OK GRAPE CREEK. 
 
 criminal act, and detain him in custody, as in other cases, until 
 he can be brought before a competent court or magistrate. 
 
 Sec. 4. The Commissioner of Streets shall have power to 
 arrest, without process, in the same manner as police officers, all 
 persons who may be found violating any ordinance in relation to 
 streets, alleys or sidewalks. 
 
 Sec. 5. In all cases where any person or persons shall here¬ 
 after be arrested, with or without warrant, for the breach of any 
 ordinance now in force, or that may hereafter be in force, and 
 such person or persons shall at the time of his or her arrest be 
 drunk or intoxicated, the officer making the arrest shall convey 
 the person or persons to the village prison, or some other place 
 of safe keeping, and there detain him or her or them until such 
 person shall be sober ; and it shall then be the duty of the officer 
 making the arrest to take such offender before a police magistrate 
 or other court, to be dealt with according to law and the ordin¬ 
 ances of the village. And any officer who shall fail to take such 
 offender before a police magistrate or other court having juris¬ 
 diction of the offense charged, shall be suspended from his official 
 duties by the Board of Trustees. And the police magistrate or 
 other court shall also have power and authority to order any per¬ 
 son to be detained in custodyin the manner and for the time afore- 
 saidwho shall be brought before them charged with the voliation 
 or breach of any ordinance, and who at the time of his appearance 
 shall be drunk or intoxicated. 
 
 Sec. 6. Whoever shall falsely represent himself to be an officer 
 of this village, or shall, without authority, exercise, or attempt 
 to exercise, any of the powers, duties or functions of any village 
 officer, shall be subject to a penalty of not less than ten dollars, 
 and not exceeding one hundred dollars, for each offense. 
 
 Sec. 7. Whoever shall wilfully hinder, delay, resist or obstruct 
 any village officer, or any person legally authorized by him, in the 
 discharge of his duty, or shall aid, abet or encourage any such 
 hindering, delaying resisting or obstructing, or shall neglect or 
 refuse to obey any lawful orders or directions of any such officer, 
 shall be subject to a penalty of not less than five dollars, and not 
 exceeding one hundred dollars for each offense. 
 
 Sec. 8. Whoever shall rescue or attempt to rescue, or shall 
 abet or encourage the rescue or escape of any person from the cus¬ 
 tody of any officer, or other person legally having him in charge; 
 or shall molest or interfere with any officer or other person so 
 legally having any person in custody ; or shall aid, abet or 
 encourage the rescue or escape, or the attempt to escape, from 
 any person of any person legally committed thereto, or shall sup¬ 
 ply, or attempt to supply any such person with anv weapon, or 
 with any implement or means of escape, or for attempting to 
 
ORDINANCES OF THE VIEEAGE OF GRAPE CREEK. 
 
 49 
 
 escape, or with any intoxicating liquors, shall be subject to a 
 penalty of not less than five dollars, and not exceeding one hun¬ 
 dred dollars, in each case. 
 
 Sec. 9. Any police officer may call on any male white person 
 above the age of eighteen years, to aid him in the arrest, retaking 
 or custody of any person having committed any unlawful act, or 
 to aid in preventing the commission of any unlawful act, and 
 whoever shall neglect or refuse to give such aid and assistance 
 when so required, shall be subject to a penalty of not less than 
 five dollars, and not exceeding one hundred dollars, for each 
 offense. 
 
 Sec. 10. Any village officer who shall willfully fail, neglect 
 or refuse to perform any duty required of him by the charter or 
 ordinances of the village, or who shall be guilty of any misfeas¬ 
 ance, malfeasance or improper conduct in the discharge of any 
 of the duties of his office, shall be subject to a penalty of not 
 less than ten dollars, and not exceeding one hundred dollars, 
 and may be removed from office. 
 
 Sec. 11. Before any suit shall be brought in the name of the 
 village by any police magistrate or justice of the peace, for any 
 fine or penalty, the officer prosecuting shall file a statement 
 signed by him, substantially as follows, to-wit : 
 
 A. B., to the Village of Grape Creek Dr., to—-dollars for 
 
 a violation of the-section (or sections) of an Ordinance of 
 
 the Village of Grape Creek, entitled (here set forth the title of the 
 
 Ordinance) passed on the-day of-18-, in this, to-wit: 
 
 that the said A. B., on or about the-day of-, A. D. 
 
 18-, before the commencement of this suit, did at the Village 
 
 of Grape Creek, (or within the jurisdiction of said village), (here 
 state the particular violation or violations complained of, as near 
 as may be in the language of the ordinance). 
 
 Sec. 12. Any person who may be.arrested by, or in the 
 custody, of any officer for the violation of any ordinance of the 
 village, may release himself from custody or imprisonment by 
 entering into bail or recognizance before such officer, or before 
 any police magistrate, in such amount or with such surety or 
 sureties as may be required of him, and conditioned that he will 
 appear before the police magistrate or court named therein, at 
 the time named, and remain and answer the offense with which 
 he stands charged, and await his trial thereon, and not depart 
 the court without leave. The amount of the penalty of the bond 
 or recognizance shall be proportioned to the offense charged, and 
 such bond or recognance shall befiled with the magistrate or court 
 named therein, by the officer taking the same, and if the offender 
 shall fail to appear, or shall otherwise fail to comply with the con¬ 
 ditions thereof, the same shall be adjudged forfeited, and suit shall 
 
50 
 
 ORDINANCES OF THE VILLAGE OF GRAPE CREEK. 
 
 forthwith be brought thereon against the offender and his surety 
 or sureties, for the full amount of the penalty thereof, and judg¬ 
 ment shall be rendered by the court for the same, and all costs, 
 or for so much of said penalty as may be adjudged just and 
 proper, upon examination of the facts of the case. 
 
 SEC. 13. All officers making arrests shall attend as witnesses 
 before the police court, and shall procure all necessary evidence 
 in their power, and furnish a list of all witnesses to the court or 
 to the village counsel. 
 
 Sec. 14. Any person upon whom any fine or penalty shall 
 be imposed, may, upon the order of the court or magistrate 
 before whom the conviction is had, be committed to the county 
 jail, village calaboose, or some other place of safe keeping, 
 until such fine, penalty and costs shall be fully paid : Provided, 
 that no such imprisonment shall exceed six months for any one 
 offense. Every person so committed, shall work for the village 
 under the direction of the village constable upon the streets or 
 alleys thereof, or at such other labor or employment as may be 
 provided by the Board of Trustees, within or without such 
 prison, such labor suitable to the health or strength of such 
 person, and not to exceed ten hours each working day ; for such 
 work the person so employed or worked, shall be allowed two 
 dollars per day, exclusive of his or her board, which sum shall 
 be credited upon the fine and costs. 
 
 CHAPTER XIV. 
 
 POWDER. 
 
 Section. Section. 
 
 1. Quantity to be kept. 3. Construction of Powder Houses. 
 
 2. Magazines. 
 
 Section i. Whoever shall keep, or cause to be kept, or know¬ 
 ingly allow his premises to be used for storing more than fifty 
 pounds of powder within the village limits, without first obtain¬ 
 ing a permit therefor from the village clerk, shall be'subject to 
 a penalty of not less than twenty-five dollars, and not exceeding 
 one hundred dollars. 
 
 Sec. 2. No magazine or house to be used for the purpose of 
 storing powder or other explosives in quantities exceeding fifty 
 pounds, shall be erected or maintained within fifty rods of any 
 occupied dwelling house or other building under a penalty of 
 
ORDINANCES OF THE VILLAGE OF GRAPE CREEK 
 
 51 
 
 not less than twenty-five dollars, and not exceeding one hundred 
 dollars, together with an additional penalty of not less than two 
 dollars, and not exceeding twenty-five dollars for each day such 
 magazine or house shall remain in use in violation of the provis¬ 
 ions of this section after due notice has been given to remove or 
 abate the same. 
 
 Sec. 3. AH magazines or buildings used for storing powder 
 or other explosives, that may hereafter be erected within the 
 village limits, shall be built of stone, brick, cement, or other 
 non-combustible material, and roofed with metal or other non¬ 
 combustible substance, nor shall any wooden building that may 
 already be erected be used in violation of these provisions unless 
 said building be securely covered with metal sheeting and roofed 
 with non-combustible material, under a penalty of not less than 
 two dollars, and not exceeding twenty-five dollars for each day 
 such building shall be used alter due notice to abate the same. 
 
 CHAPTER XV. 
 
 SEAL. 
 
 Section. Section. 
 
 1. Shape; words on. 2. Village Clerk to prepare eomniis- 
 
 ions ; affix corporate seal; copies 
 of record to be certified under 
 seal ; seal not binding on the 
 Village. 
 
 Section i. The corporate seal of the Village of Grape Creek 
 shall be of circular shape, with the words Village of Grape 
 Creek, Seal, engraved on the face thereof. 
 
 Sec. 2. The Village Clerk shall prepare all commissions or 
 other official documents required to be issued, and affix the cor¬ 
 porate seal thereto, and attest or countersign the same. He 
 shall affix the corporate seal to all the official acts of the Presi¬ 
 dent of the Board of Trustees requiring it, and if necessary attest 
 or countersign the same; he shall certify under the corporate 
 seal, copies of all records, documents or papers in his office when 
 so required by any officer or other person. But in no case shall 
 the impression of the corporate seal be binding upon the village 
 unless it be authorized by the provisions of the statute relating 
 to, and providing for, the incorporation of cities and villages, or 
 the ordinances of the village, and is attested by the village 
 Clerk. 
 
52 
 
 ORDINANCES OF THE VILLAGE OF GRAPE CREEK. 
 
 CHAPTER XVI. 
 
 SHOWS. 
 
 Section. Section. 
 
 1. License required; provision. 4. Good order to be kept. 
 
 2. Circus, menagerie, &c.; amount 5. Disorderly conduct; penalty; 
 
 taxed for license. license revoked. w 
 
 3. Shows, &c., not otherwise pro- 6. Penalty for violating the provis- 
 
 vided for ; license. ions hereof. 
 
 Section i. That it shall be unlawful for any person to own, 
 conduct or manage, for gain within the Village of Grape Creek, 
 any theater, circus, caravan, or other exhibition, show or amuse¬ 
 ment ; or exhibit any natural or artificial curiosities, or pano¬ 
 ramic or other show or device of any kind ; or give any concert 
 or musical entertainment without a license : Provided , that, for 
 musical parties or concerts and exhibitions of paintings, or 
 satuary, or for fairs given or made by any citizen of this village, 
 or lectures given before any society, or for any exhibition, show 
 or amusement given for any charitable or benevolent purpose, 
 no license shall be required. 
 
 Sec. 2. For a license for the exhibition of any circus, menag¬ 
 erie or other like exhibition, there shall be taxed and collected 
 not less than two dollars for two exhibitions; for a license for 
 any other exhibition, show or amusement, there shall taxed and 
 be collected not less than one dollar for each exhibition. 
 
 Sec. 3. Whoever shall, for the purpose of gain, set up any 
 show, swing, machine, implement or device of any kind 
 whatever, not otherwise provided for by ordinance, shall be 
 required to obtain a license therefor, and for such license there 
 shall be taxed and collected not less than one dollar. 
 
 SEC. 4. Any person giving or conducting any exhibition, 
 show or amusement, shall preserve good order in and about the 
 place of his exhibition or amusement; and if necessary for that 
 purpose, shall employ, at his own expense, sufficient police 
 force. 
 
 Sec. 5. Any person who shall conduct himself ill a riotous 
 or disorderly manner at any place of exhibition or amusement, 
 shall be subject to a penalty of not less than two dollars, and not 
 exceeding one hundred dollars ; and if any person belonging to 
 or connected with any show or exhibition shall conduct himself 
 in a riotous or disorderly manner, or cause any disturbance, or 
 breach of the peace at the place of exhibition, the license of such 
 show or exhibition may be revoked or forfeited, in the discretion 
 
ORDINANCES OF THK VILLAGE OF GRAPE CREEK. 
 
 53 
 
 of the President of the Board of Trustees, or any justice of the 
 peace of said village, and no license at any time thereafter shall 
 be granted for such exhibition, unless for good cause shown, 
 with the consent of the President. 
 
 Sec. 6 . If any person shall violate or aid and assist in the 
 violation of any of the foregoing provisions, or neglect or refuse 
 to conform thereto, he shall be subject to a fine of not less than 
 two dollars, and not exceeding one hundred dollars, for each 
 offense. 
 
 CHAPTER XVII. 
 
 STREETS AND ALLEYS. 
 
 Section. Section. 
 
 1. Erection on street; penalty; no- 9. Removing earth penalty. 
 
 tice. 10. Obstruction or encumbrance ; lia- 
 
 2. Failure to remove ; notice; pen- ble for damages. 
 
 alty. 11. Building encroaching on streets, 
 
 3. Duty of officers ; costs of removal. &c.; not to be rebuilt; penalty. 
 
 4. Incumbrance ; penalty. 12. Obstructing crossing; penalty. 
 
 5. Excavation, &c.; penalty. 13. Labor upon streets ; time. 
 
 6. Premises contiguous to excava- 14. Commissioner of streets to give 
 
 tion enclosed ; penalty ; notice. notice ; form of notice. 
 
 7. Tearing up streets, &c.; penalty. 15. Amount to be collected, &c. 
 
 8. Fuel, &c.; penalty. 
 
 Section i. No person shall make, or cause to be made, any 
 erection or enclosure encroaching in whole, or in part, upon any 
 street, alley, or sidewalk, under a penalty of not less than twenty 
 dollars, and an additional penalty of not less than three dollars 
 for each day the same shall remain after notice by the President 
 of the Board of Trustees, or any member of the Board of Trustees, 
 the Village Constable or Commissioner of Streets, to remove the 
 same. 
 
 Sec. 2. The owner of any erection or enclosure already 
 erected or placed and encroaching upon any street or alley, who 
 shall not remove the same after thirty days’ notice by the Presi¬ 
 dent of the Board of Trustees, the Commissioner of Streets or any 
 member of the Board of Trustees, the Village Constable or any 
 police constable of the village, shall be subject to a penalty of 
 not less than ten dollars, and to an additional penalty of not less 
 than three dollars for each day he shall fail to comply with such 
 notice. 
 
 Sec. 3. The President or any member of the Board of Trus- 
 tees, the Commissioner of Streets, the Village Constable, or any 
 police constable of the village shall cause an}’- incumbrance, 
 
54 
 
 ORDINANCES OF THE VILLAGE OF GRAPE CREEK. 
 
 obstruction, erection or enclosure, in or upon any street, alley 
 or sidewalk, contrary to ordinance, to be removed, and the costs 
 of such removal may be collected of the person causing such 
 obstruction, with a penalty, in a suit in the name of the village 
 
 Sec. 4. Whoever shall place, throw or leave, or cause to be 
 placed, thrown or left, any obstruction or incumbrance not 
 authorized by ordinance, in any street or alley, shall be subject 
 to a penalty of not less than three dollars, and to an additional 
 penalty of not less than one dollar for each day he shall not 
 remove the same when required by the President or any member 
 of the Board of Trustees, the Commissioner of Streets, the Vil¬ 
 lage Constable or any police constable of the village. 
 
 SEC. 5. It shall be unlawful for any person or persons to 
 excavate, sap, strip, undermine, or in any manner dig away any 
 street, alley or highway, or any part of any street, alley or high¬ 
 way, and any person or persons who shall excavate, sap, strip, 
 undermine or in any manner dig away any street, alley or high¬ 
 way, or any part of any street, or highway, shall pay a penalty 
 of not less than ten dollars, nor more than one hundred dollars 
 foreach offense, the amount of the said penalty to be determined 
 by the amount of damage done, and the estimated expense of 
 repairing the same. 
 
 Sec. 6. Whenever any person or persons shall hereafter 
 excavate, sap, strip, undermine, or in any manner dig away to 
 the depth of four feet or more, any premises lying contiguous to 
 or within ten feet of ail} 7 street, alley or highway, such person or 
 persons shall enclose or cause to be enclosed such premises by a 
 substantial railing, or other sufficient barrier, at least four feet 
 in height, and shall keep up such railing barrier as long as such 
 excavation shall remain contiguous to any street or alley, and 
 that for each neglect, failure or refusal so to do, such person or 
 persons shall pay a penalty of not less than five dollars and not 
 more than twenty dollars and a penalty of two dollars for each 
 day he shall refuse or neglect to erect the same after notice from 
 the President of the Board of Trustees, the Commissioner of 
 Streets, the Village Constable or any police constable of the 
 village. 
 
 Sec. 7. No person not authorized by ordinance, shall make 
 any excavation in any street, alley or sidewalk, without a writ¬ 
 ten permit from the President of the Board of Trustees, under a 
 penalty of not less than three dollars. Any person making, or 
 causing to be made, any excavation or ditch, for any purpose, in 
 any street, or alley, or sidewalk, shall, without any unnecessary 
 delay, cause the same to be filled up to the proper level of the 
 street, alley or sidewalk, and shall, from time to time, if necess¬ 
 ary, continue to repair the same, until the earth is completely 
 
55 
 
 ORDINANCES OF THE VILLAGE OF GRAPE CREEK. 
 
 settled and the surface conforms to the proper level of the street. 
 Any person tearing up any plank or paved street, or sidewalk, or 
 bridge, or culvert, for any purpose, or negligently breaking or 
 injuring the same, or breaking or injuring the same by the re¬ 
 moving of any building over the same, shall without delay, 
 cause such plank or paved street, alley or sidewalk, or bridge, or 
 culvert to be repirfred and placed in the same condition as before 
 the breaking or injuring thereof. Any person making, or causing 
 to be made, any excavation or ditch, or tearing up, breaking or 
 injuring any planked or paved street, alley, or sidewalk, bridge 
 or culvert, or causing the same to be broken, injured or torn up, 
 who shall not comply with the requirements of this section, shall 
 be subject to a penalty of not less than five dollars, and not 
 exceeding one hundred dollars, and the Commissioner of Streets 
 shall, without delay, cause such filling up or repairs to be made 
 and completed, and the costs thereof may be collected of any person 
 whose duty it was to do the same, and recover, with the penalty, 
 or in a separate suit in the name of the village. 
 
 SEC. 8. No person shall obstruct or incumber any street or 
 alley with merchandise, fuel, or other articles or property, longer 
 than may be necessary in the dilligent removal of the same, 
 under a penalty of not less than one dollar, and a like penalty 
 for each hour the same shall remain after notice by the President 
 of the Board of Trustees, the Commissioner of Streets, the Vil- 
 Constable or any police constable of the village. 
 
 SEC. 9. Whoever shall for any private purpose dig, remove 
 or carry away any earth from any street or alley without the per¬ 
 mission of the Board of Trustees, shall be subject to a penalty of 
 not less than one dollar for each load removed or carried away, 
 and any village officer who shall sell or dispose of any earth from 
 any street or alley for his private gain or benefit, shall be subject 
 to a penalty of not less than twenty-five dollars, and not exceed¬ 
 ing one hundred dollars. 
 
 Sec. 10. Whoever shall place or leave, or cause to be placed 
 or left, any encroachment, incumbrance or obstruction in or upon 
 any street, alley or sidewalk, shall in all cases be liable to the 
 village and to private persons for all damage or injury arising 
 from such encroachment, incumbrance or obstruction. 
 
 Sec. 11. No fixture, building, fence or other erection or 
 enclosure extending or encroaching upon any road, street, alley 
 or sidewalk contrary to ordinance, shall be repaired or rebuilt, 
 under a penalty of not less than ten dollars. 
 
 Sec. 12. Whoever shall obstruct any street crossing by un¬ 
 necessarily stopping thereon with any team, vehicle or animal, 
 so as to incommodate persons crossing the same, shall be subject 
 to a penalty of not less than one dollar. 
 
i 
 
 56 ORDINANCES OF THE VILLAGE OF GRAPE CREEK. 
 
 Sec. 13. Every male resident of the Village of Grape Creek 
 over the age of twenty-one, and under the age of fifty years, 
 shall be, and is hereby required to labor upon the streets and 
 alleys of the village such number of days as shall be fixed by 
 ordinance in each municipal year, when so required to do by the 
 Commissioner of Streets. 
 
 Sec. 14 The Commissioner of Streets shall, at least three days 
 previous to the day designated therein for him to appear, deliver, 
 or cause to be delivered or left at the usual place of abode or 
 business of the person so required to labor as aforesaid, a written 
 or printed, or partly written and partly printed notice, in which 
 shall be set forth the number of days he is required to labor on 
 the streets and alleys of the village, the time and place to attend 
 for the purpose of so laboring, and the tools he shall bring with 
 him to do the same, which said notice shall be substantially as 
 follows, to-wit: 
 
 Mr-, 
 
 Sir : You are hereby notified to be and appear at- ,011 
 
 the-day of-, 189—, at-o’clock-in., to labor upon 
 
 the streets and alleys of the Village of Grape Creek for a period 
 of-; and that you have then and there with you-in accord¬ 
 
 ance with the ordinances of said village. 
 
 Sec. 15. In lieu of such services, the Commissioner of Streets 
 is hereby authorized to take, collect and receive such sum of 
 money as may be fixed by ordinance in each municipal year, the 
 said sum not to exceed one dollar and a half per day; and in case 
 a person shall neglect or refuse to appear and perform such labor 
 as required by the notice given him by the Commissioner of 
 Streets as herein required, or shall fail or refuse to pay the sum 
 authorized to be taken in lieu thereof, within ten days next after 
 the service of said notice, shall be subject to a penalty of five 
 dollars, said penalty to be collected in the same manner as other 
 fines due the village.