IN V.' \yj • ^ w ili -x// ■ p -> ! / \W M A\ r A i / 77 ^ / 7 f 7/ ■y ////! • v \\| ui/ ■ 7 //I <7// M;' ,/// A. nsj i/a =1//! ■am M\ ■y /M \ A ill/. ¥ UNIVERSITY OF ILLINOIS LIBRARY A //A 5 i /1 Class Book Volume -CBS l iunm Biomtii simito, rrvr WMm Je 05-10M P gflfe Mfe ms // ==7 t £ 7 / saJe //A m S7j # it# 'y\ y < / M ■r,\\ v.-'.. >AM6f- //!'' m V/> • ! / / f t f * if r T *r * W * ▼ W /m \- 4 . . -mt m '< ^ , ; W ih/ W rnmm * 5 i# IP sir r. 7/ i NN§Pp ra# wm ,i <^n i/.£ ailed to the City Clerk, within three days after the election, and there¬ upon the City Council shall meet and canvass the same, and declare the result of the election. The person having the highest number of votes for any office shall be declared elected. It shall be the duty of the City Clerk to notify all persons elected or appointed to office of their election or appointment, and unless such persons shall qualify within twenty days thereafter the office shall become vacant. Sec. 3. No person shall be entitled to vote at any election under this act who is not entitled to vote at State elections, and has not been a resident of said city at least six months next preceding said election ; he shall have been, moreover, an actual resident of the ward in which he proposes to vote, for* ten days previous to such election, and if required by any judge or qualified voter, shall take the following oath before he is permitted to vote: f U I swear (or affirm) that I am of the age of twenty-one years ; that I am a citizen of the United States (or was a resident of this State at the time of the adoption of the constitution ), and have been a resident of this State one year , and a resident of this city six months immediately preceding this election , and am now , and have been for the last ten days past , a resident of this ward , and have not voted at this elec¬ tion : Provided, , that the voter shall be deemed a resident of the ward in which he is accustomed to lodge. Sec. 4. No election shall be held in any grog shop, or other place where intoxicating liquors are vended by retail. Sec. 5. The persons entitled to vote at any election, held under this act, shall not be arrested in civil process, within said city, upon the day on which said election is held; all persons illegally voting at any election, held under this act, or the ordinances of the city in pursuance thereof, shall be punishable according to the laws of the State '''See State Law, Sec. 74. Sec. 1, Art. VII., State Constitution, r See State Law, Sec. 74. ('HARTER ()T THE CITY ()E CHAMP A HEY, ARTICLE IV, Powers and Duties of Officers, I. II. III. IV. y. YI. YII. VIII. IX. X. X. Oath of Office. Mayor 8 Oath and General Duties. Mayor to Suppress Riot. Mayor to Examine Books. Mayor Liable to Indictment. Mis Salary. His Veto Rowers , XI. City Attorney ; his Duties* XII. City Treasurer / “ XIII. City Marshal; u XIY. City Engineer; “ XY. Assessor and Collector / his Duties. XVI. City Supervisor; his Du¬ ties. Vacancy in Mayoralty. Fire Wardens , who are. Clerk; his Duties. Corporate Seal and Papers , Wh ere Kept. XVII. City Council; Prescribe Duties of Officers and Take Bonds. XVIII. Successors of Officers. XIX. Commissions of u Section 1. Every person chosen or appointed to any executive,, judicial, or administrative office under this act, shall, before he enters upon the duties of his office, take and subscribe the oath of office- prescribed in the constitution of this State, and file the same, duly certified by the officer before whom it was taken, with the City Clerk, Sec. 2. The Mayor shall, before he enters upon the duties of his office, in addition to the usual oath, swear or affirm : “ That he will devote so much of his time to the duties of his office as an efficient and faithful discharge thereof may require,’' He shall preside over the meetings of the City Council, and shall take care that the laws of this State and the ordinances of this city are duly enforced, respected and observed within the city; and that all other officers of the city discharge their respective duties. He shall cause negligence and positive violation of duty to be prosecuted and punished. He . shall, from time to time, give the City Council such information, and recommend such measures as he may deem advantageous to the city, call on any and all white male inhabitants of the city or county, over the age of eighteen years, to aid in the enforcing the laws of the State or the ordinances of the AS**<\ I and S<-<\ ">. CHARTER OF THE CITY OF CHAMPAIGN. 3 2 Second- —To appropriate money and provide for the payment of the debts and expenses of the city. Third —To make regulations to prevent the introduction of conta¬ gious diseases into the city; to make quarantine laws for that purpose, and to enforce them within the city and within five miles thereof. Fourth. —To make regulations to secure the general, health and comfort of the inhabitants; to prevent, abate and remove nuisances, and punish the authors thereof by penalties, fines and imprisonment ; to define and declare what shall be deemed nuisances, and authorize the direct summary abatement thereof. Fifth. —To provide the city with water; to make, regulate and establish public wells, pumps and cisterns, hydrants and reservoirs, in the streets, within the city or beyond the limits thereof, for the extin- guishment of fires and the convenience of the inhabitants, and to pre¬ vent the unnecessary waste of water. Sixth. —To have exclusive control and power over the streets, alleys and highways of the city, and to abate and remove any encroachment or obstruction thereon; to open, alter, abolish, widen, extend, straighten, establish, regulate, grade,* clean, or otherwise improve the same; to put drains and sewers therein, and prevent the encumbering thereof, in any manner, and protect the same from any encroachment or injury. Seventh. —To establish, erect, construct, regulate and keep in repair bridges, culverts and sewers, sidewalks and crossways, and regulate the construction and use of the same, and abate any obstructions or encroachments thereof; to establish, alter, change and straighten the channels of water-courses and natural drains, to sewer the same or wall them up and cover them over, and to prevent, regulate and control the filling up, altering or changing the channels thereof by private pesons. Eighth. —To provide for lighting the streets and erecting lamp-posts and lamps thereon, and regulate the lighting thereof, and from time to time create, alter or extend lamp districts; to exclusively regulate, direct and control the laying and repairing the gas pipes and gas fixtures in the streets, alleys and sidewalks. Ninth. —To establish and erect markets, market-houses, and other public buildings of the city, and provide for the government and regu¬ lation thereof, and their erection and location, and to authorize their erection in the streets and avenues of the city, and the continuation of such as are already erected within the same. Tenth. —To provide for the enclosing, regulating and improving all public grounds and cemeteries belonging to the city, and to direct and regulate the planting and preserving of ornamental and shade trees in the streets or public grounds. Eleventh. —To erect and establish one or more hospitals or dispensa¬ ries, and control and regulate the same. Twelfth. —To prevent the encumbering of the streets, alleys, side- «*. City of ('hi.rufco, 2ft Til.. 24-0. CIT A TITER OF THE CITY OF CHAMPAIGN" walks or public grounds with carriages, wagons, carts, wheel-barrows, boxes, lumber, timber, fire-wood, posts, awnings, signs, or any other substance or material whatever; to compel all persons to keep the snow, ice, dirt and other rubbish from the sidewalks and street gutter in front of the premises occupied by them. Thirteenth .—To license, tax and regulate merchants, commission merchants, inn-keepers, brokers, money brokers, insurance brokers and auctioneers, and to impose duties on the sale of goods at auction ; to license, tax, regulate, suppress and prohibit hawkers, peddlers, pawnbrokers, grocery keepers and keepers of ordinaries, theatrical or other exhibitions, shows and amusements. Fourteenth .—To license, tax, regulate and suppress hackmcn, dray¬ men, omnibus drivers, porters, and all others pursuing like occupations, with or without vehicles, and prescribe their compensation, and to regulate and restrain runners for stages, cars and public houses. Fifteenth .—To license, tax, regulate, prohibit and suppress billiard tables, pin alleys and ball alleys, to suppress and restrain disorderly houses, tippling shops and groceries, bawdy houses, gambling and gambling houses, lotteries, and all fraudulent devices and practices, and all playing of cards, dice, and other games of chance, with or without betting, and to authorize the destruction of all instruments and. devices used for the purpose of gaming. Sixteenth .—To authorize the proper officer of the city to grant and issue licenses, and to direct the manner of issuing and registering thereof, and the fees and charges to be paid therefor. No license shall be granted for more than one year, and not less than three dollars nor more than five hundred dollars shall be charged for any license under this act, and the fees for issuing the same shall not exceed one dollar; but no license for the sale of wines or other liquors, ardent or vinous, fermemted or malt, [at] wholesale or retail, by grocery shall be issued for less than fifty otl lers. keepers inn keepers or dollars. Seventeenth .—To restrain, regulate and prohibit the selling or giving away of any intoxicating or malt liquors, by any person within the city, except by persons duly licensed; to forbid and punish the selling or giving away of any intoxicating or malt liquors to any minor, appren¬ tice or servant, without the consent of the parent, guardian, master or mistress. Eighteenth .—To prevent, restrain and punish forestalling and regrat¬ ing ; to regulate the inspection and vending of fresh meats, poultry and vegetables, of butter, lard and other provisions, and the place and manner of selling fish, and inspecting the same. Nineteenth .—To regulate, license and prohibit butchers, and to revoke their license for malconduct in the course of trade. Twentieth .—To establish standard weights and measures, and to regulate the weights and measures to be used within the city, in all cases not otherwise provided by law; to require all traders or dealers in merchandize or property of any description, which is sold by mens- 14 CHARTER OF THE CITY OF CHAMPAIGN'. / nre or weight, to cause their measures and weights to be tested'and sealed by the City Sealer, and to he subject to his inspection. The standard of such weights and measures shall be conformable to those established by law or ordinance. Twenty-first. —To regulate and provide for the inspecting and measuring of lumber, shingles, timber, posts, staves, heading, and all kinds of building, materials, and for the measuring of all kinds of mechanical work, and to appoint one or more inspectors or meas¬ urers. Twenty-second. —To provide for the inspection and weighing of hay, lime and stone coal, and the place and manner of selling the same; to regulate the measurement of fire-wood, charcoal and other fuel to be sold or used within the city, and the place and manner of selling the same. Twenty-third. —To regulate the inspection of beef, pork, flour, meal, and other provisions; salt, whisky and other liquors to be sold in bar¬ rels, hogsheads, and other vessels or packages; to appoint weighers, gaugers and inspectors, and prescribe their duties and regulate their fees: Provided , that nothing herein shall be so construed as to require the inspection of any articles enumerated herein which are to be shipped beyond the limits of the State, except at the request of the owner thereof or his agent. Twenty-fourth. —To regulate the weight and quality of bread to be sold or used within the city. Twenty-fifth. —To regulate the size and quality of bricks to be sold or used within the city, and the inspection thereof. Twenty-sixth. —To create, establish and regulate the police of the city; to appoint watchmen and policemen, and prescribe their duties and powers. Twenty-seventh.-—To prevent and suppress any riot, rout, affray, noise, disturbance or disorderly assembly, in any pulic or private place within the city. Twenty-eighth. —To prohibit, prevent and suppress horse-racing, immoderate riding or driving in the streets, and to authorize persons immoderately riding or driving, as aforesaid, to be stopped by any person; to prohibit and punish the abuse of animals; to compel persons to fasten their horses or other animals, attached to vehicles or otherwise, while standing or remaining in the streets. Twenty-ninth. —To restrain and punish vagrants, mendicants, street beggars and prostitutes. Thirtieth —To regulate, restrain or prohibit the running at large of horses, cattle, swine, sheep, goats and geese, and to authorize the distraining, impounding and sale of the same for the costs of the proceedings and the penalty incurred, and to impose penalties on the owners thereof for the violations of any ordinance in relation thereto; to regulate, restrain and prohibit the running at large of dogs, and to authorize their destruction when at large contrary to ordinance, and to impose penalties oft the owners or keepers thereof. Thirty-first .—To prohibit and restrain the rolling of hoops, living of kites, or any other amusements or practices tending to annoy per* sons passing on the streets or sidewalks, or to frighten horses or teams; to restrain and prohibit the ringing of bells, blowing of horns or bugles, crying of goods, and other noises, performances and practices tending to the collecting of persons on the streets or sidewalks, by auctioneers and others, for the purpose of business, amusements or otherwise* Thirty-Second .—To abate all the public health or comfort, in dient. nuisances which may ini ure or affect «/ •) any manner they may deem expo- / Thirty* Third.-— To do all acts and make all regulations which may be necessary or expedient for the promotion of health and the sup¬ pression of disease. Thirty-Fourth. —-To compel the owner or occupant of any grocery, cellar, soap or tallow chandler, or blacksmith shop, tannery, stable, privy, sewer, or other unwholesome or nauseous house or place, to cleanse, remove or abate the same, as may be necessary for the health, comfort or convenience of the inhabitants* Thirty-Fifth.-— To direct the location and regulate the management and construction of breweries, tanneries, blacksmith shops, foundries, livery stables and packing-houses; to direct the location and regulate the management and construction of, and restrain, abate and prohibit, within the city, and to the distance of one mile from the limits thereof, V ' / distilleries, slaughtering establishments, establishments for steaming or 7 o o 1 o readj_er]ing lard, tallow, offal, and such other substances as may be rendered, and all other establishments or places where any nauseous, offensive or unwholesome business may be carried on. «/ Thirty-sixth .—-To regulate the burial of the dead; to regulate one or more cemeteries regulate the registration o o to establish or of births and deaths; to direct the returning and keeping of bills of mortality, and to impose penalties on physicians, and sextons and others, for any default in the premises. Thirty-seventh .—-To provide for the taking an enumeration of the inhabitants of the city. Thirty-eight!u —To erect and establish a work-house, or house of correction, make all necessary regulations therefor, and appoint all necessary keepers or assistants. In such work-house, or house of correction, may be confined all vagrants, stragglers, idle and disorderly persons, who may be committed thereto by any proper officer, and all persons sentenced by any criminal court or magistrate in and for the city, or for the county of Champaign; for any assault and battery, pettit larceny, or other misdemeanor punishable by imprisonment in any county jail; and any person who shall fail or neglect to pay any fine, penalty or cost imposed by any ordinance of the city, for any misdemeanor or breach of any ordinance of the city, may, instead of being committed to the county jail of Champaign county, be kept therein subject to labor and confinement. CHAKTEU OF THF CITY oF CHAMPAIGN Thirty-ninth .—To authorize and direct the taking up and providing for the safe keeping and education, for such periods of time as may be deemed expedient, of all children who are destitute of proper parental care, wandering about the streets committing mischief, and growing up in mendicancy, ignorance, idleness and vice. Fortieth ,■—To fill up, drain, cleanse, alter, relay, repair and regulate any grounds, lots, yards, cellars, private drains, sinks and privies; direct and regulate their construction, and cause the expenses thereof to be assessed and collected in the same manner as sidewalk and assess¬ ments.* Forty-first .—-To direct and control the laying and construction of railroad tracks, bridges, turnouts and switches in the streets and alleys, and the location of depot grounds within the city; to require that rail¬ road tracks, bridges, turn-outs and switches shall be so constructed and laid as to intefere as little as possible with the ordinary travel and use of the streets and alleys, and that sufficient space shall be left on either side of said tracks for the safe and convenient passage of teams and persons; to require railroad companies to keep in repair the streets through which their track may run, and to construct and keep in repair suitable crossings at the intersection of streets, and alleys, and ditches, sewers and culverts, where the City Council shall deem neces¬ sary ; to direct and prohibit the use, and regulate the speed of locomo¬ tive engines within the inhabited parts of the city; to prohibit and restrain railroad companies from doing storage or warehouse business, or collecting pay for storage. Forty ■^second .—The City Council shall have power to pass, publish, amend and repeal all ordinances, rules and publice [policej regulations, not contrary to the Constitution of the United States or of this State, for the good government, peace and order of the city, and the trade and commerce thereof, that may be necessary or proper to carry into effect the powers vested by this act in the corporation, the city govern¬ ment, or any department or officer thereof; to enforce the observance of all such rules, ordinances and police regulations, and to punish violations thereof by lines, penalties and imprisonment in the county jail, city prison or work-house, or both, in the discretion of the court or magistrate before whom conviction may be had; but no fine or penalty shall exceed five hundred dollars, nor the imprisonment six months, for»any offense, and such fine or penalty may be recover el, with costs, in an action of debt, in the name or for the use of the city, before any court having jurisdiction, and punishment inflicted; and any person, upon whom any fine or penalty is imposed, shall stand- committed until the payment of the same and costs, and in default thereof may be imprisoned in the county jail, city prison or work- house, or required to labor on the streets or other public works of the city, for such time and in such manner as may be provided by ordi¬ nance. f * See post See. 4, Art. Till, and Note. t See Soor.. 19 and 20 of Amendments, CHARTER OF THE CITY OF CHAMPAIGN. IT ARTICLE VI. Of Taxation. I. Power of the Council , and therein. 2. To Levy Taxes for School Purposes . j 1. To Levy Taxes for Generate Purposes. 4. To Levy Taxes to .Build Mar¬ ket Houses and, for Other Purposes. 3. To Levy Taxes to Pay Inter¬ est. a. To Levy Taxes for Lighting Streets and for Lamp Posts. 6. To Levy Poll Tax for Street Purposes. Section 1 . The City Council shall have power within the city, by ordinance, First .—To levy and collect, annually, taxes, not exceeding live mills to the dollar, on the assessed value of all real and personal estate and property within the city, and all personal property of the inhabitants thereof, made taxable by the laws of the State for State purposes, to defray the general and contingent expenses of the city not herein otherwise provided for, which taxes shall constitute the general fund. * Second .—To annually levy and collect a school tax, not exceeding live mills on the dollar, on all property taxable for State purposes, for purchasing ground for school houses, building and repairing school houses, supporting and maintaining schools. Third .—To levy and collect, taxes, not exceeding live mills to the dollar, per annum, on all property subject to taxation, to meet the interest acc[r]uing on the debt of the city; and the City Council shall pass no ordinance or resolution incurring or creating a debt, without, at the same time, making provisions for the levying a tax sufficient « to meet the payment of interest accruing thereon when payable. j* Fourth .—To annually levy and collect taxes on all property subject to taxation, when required, for the erection of a city hall, markets, hospitals, city prison or work-house, the purchase of market grounds, public squares or parks, or any other public improvements: Provided , the estimated cost of a city hall, work-house or market-house, may be apportioned by the City Council, and collected by a series of annual assessments. But the cost of market grounds, markets, public squares, or other improvements, may be levied and collected upon all real estate and other property, in the natural divisions of the city in which they are located. No local improvement, under this section, shall be ordered in any division or ward unless the Alderman from each ward shall vote for the same. But no tax or taxes shall be levied in any one year, under this section, which shall exceed five mills to the dollar on the property assessed for any or all the purposes herein specified. The revenue arising from such markets, or other improvements, shall be applied to the liquidation of the costs thereof, and taxes shall be levied and collected to make up the deficiency. *Se# General School Law for further matter? on this subject, Chap. 98, 3rd edition Groan 1 Statutes. f See See. ft of Amendments. 17 18 CHARTER OF THE CITY OF CHAMPAIGN. Fifth .—To levy and collect upon all property, in such districts as they shall from time to time create, a tax sufficient to defray one-half of the expenses of erecting lamp-posts and posts, and lighting the streets in such district or ward, and the tax thus collected shall be exclusively expended for such purpose in the district or ward paying the same. * Sixth .—To Require, and it is hereby made the duty of every male resident of the city over the age of twenty-one years and under the age of fifty years, to labor three days in each year upon the streets and alleys of the city; but any person may, at his option, pay in lieu thereof two dollars: Provided , the same shall be paid within ten days after notification by the Supervisor. In default of payment as aforesaid, the sum of three dollars and costs may be collected, and no set-off shall be allowed in any suit brought to collect the same. ARTICLE VII. Of Assessments for Opening Streets and Alleys. I. City Council , Fewer of. I. Streets and Alleys to he Surveyed. II. Notice. II. Commissioners Appointed. III. Their Duties ; to be Sworn. IV. Buildings; how Proceed. V. Notice to Parties Interested. VI. Sale and Notice of. VII. Assessments; Damage and Benefits. VIII. To Strike Balance. IX. Lands of Different Parties. X. Apportionment. XI. Notice of Assessment , and Proceedings Therein. XII. Removal of Commission¬ ers. XIII. Damage to he Paid. XIV. Contracts or Leases ; how Proceed. XV. Contracts or Leases, Dis¬ solved pro rata. XVI. Appeal , Proceedings in. XVII. Owner or Landlord may Sue to _ Recover Dam¬ ages Paid. XVIII. City Council may Change Proceedings. XIX. Infants; how Proceed. Section 1. The City Council shall have power to open and lay out public grounds or squares, streets, alleys and highways, and to alter, widen, contract, straighten and discontinue the same; but no street, alley or highway, or any part thereof, shall be discontinued or contracted without the consent, in writing, of all persons owning lands or lots adjoining said street, alley or highway. They shall cause all streets, alleys and highways, or public squares, or ground laid out by them, to be surveyed, dese[r]ibed and recorded in a book, to be kept by * See Amendments,Sec. 2. CHARTER OF THE CITY OF CHAMPAIGN. 19 the clerk, showing accurately and particularly the proposed improve¬ ments and the real estate required to be taken, and the same when opened and made shall be public highways and public squares. Sec. 2. * Whenever any street, alley or highway, public ground or square, is proposed to be laid out, opened, altered, widened, or straight¬ ened, by virtue hereof, and the amount of compensation cannot be agreed upon, the City Council shall give notice of their intention to appropriate and take the land necessary for the same, to the owner thereof, by publishing said notice for ten days, in the newspaper pub¬ lishing the ordinances of the city; at the expiration of which time they shall choose, by ballot, three disinterested free-holders, residing in the city, as commissioners, to ascertain and assess the damages and recompense due the owners of said real estate, respectively, and at the same time to determine what persons will be benefited thereby, in pro¬ portion, as nearly as may be, to the benefits resulting to each. A majority of all the Aldermen, authorized by law to be elected shall be necessary to a choice of such commissioners. «/ Sec.' 3 fThe commissioners shall be sworn faithfully and impar¬ tially to execute their duties to the best of their abilities. Before entering upon their duties they shall give at least five days’ notice, to all persons interested, of the time and place of their meeting, for the purpose of viewing their premises and making their assessments, which notice shall be given personally, if the owners are residents and known, or by publication in the newspaper publishing the ordinances- of the city, if non-residents or unknown. They shall view the prem¬ ises, and, in their discretion, receive any legal evidence, and may, if necessary, adjourn from day to day. Sec. 4 If there should be any building standing, in whole or in part, upon the land to be taken, the commissioners, before proceeding to make their assessment, shall first estimate and determine the whol[e] value of such building to the owner, aside from the value of the land and the actual injury to him in having such building taken from him, and, secondly, the value of such building to him to remove. Sec. 5. JAt least five days’ notice shall be given to the owner, of such determination, when known and a resident of the city, which may be given personally, or in writing left at his usual place of abode. If a non-resident, or unknown, like notice to all persons interested shall be given, by publication in the newspaper publishing the ordi- dinances of the city. Such notice shall specify the buildings, and the award of the commissioners, and shall be signed by them. It shall also require the persons interested to appear by a day to be named therein, or give notice of their election, to the City Council, either to accept the award of commissioners and allow such building to be taken, with the land condem[n]ed or appropriated, or of their intention to receive such building at the value set thereon by the commissioners, to remove. If the owner shall agree to remove such building, he shall * See Amon„ CHARTER OF THE CITY OF CHAMPAIGN. 31 Third —To prescribe the duties of firemen, and to make rules and regulations for their government, and to impose reasonable penalties upon them for a violation of the same, and for incapacity, neglect of duty or misconduct, to remove them* Fourth —-The City Council shall have power to appoint a Chief and Assistant Engineers of the Eire Department, and they, with the other firemen, shall take the care and management of the engines and other apparatus and implements provided and used for the extinguishment of fires, and their powers and duties shall be prescribed and defined by the City Council. Sec. 4. *The members of the City Council and firemen shall, during their terms of service as such, be exempted from serving on juries, in the militia, or working on the streets, or paying any taxes for the same. The name of each fireman shall be registered with the Clerk of the city, and the evidence to entitle him to the exemp¬ tion, provided in this section, shall be the certificate of the Clerk, under the corporate seal, for the year in which exemption is claimed. ARTICLE XL Miscellaneous I. Publish Receipts mid Ex penditures, etc. II. Exempt from Township Road Tax. III. Supervisors Notice to Work Streets. IV. Establish Boundaries, Streets, etc-. V. Fines and Penalties , where Paid , VI. Additions, how Made. VII. Divisions, Expenditures in. VIII. Supervisors, Neglect of Duty of- IX. Remitting Fines, lime Done. X. Vote of Council, Reconsid¬ eration of. Provisions, XII. Suits, how Brought XIII. “ Summons in. XIV. Judgments,Executions on. XV. Freeholders Competent as Judges. XVL Former Ordinances. XVII, “ Actions. XVIII, Property of City. XIX, Ordinances , Proof of. XX. Style of Ordinances. XXL Dots. Blocks Platted , etc. XXII. No Legal Act Invalidated. XXIIL Conservators of the Peace. XXIV, Digest of Ordinances. XXV. Health, Powers of Coun¬ cil im XXVI. Charter, to Take Effect when. XI. Ordinances, Publication of. j Certificate of Secretary of State. Section 1 . The City Council shall, at least ten days before the -*$*■*> Ordinance on Fire Department, CHARTER OF THE CITY OF CHAMPARFS 1 ', n annual election in each year, cause to be published, in the newspaper publishing the ordinances of the city, a correct and full statement of the receipts and expenditures from the date of the last annual report,- together with the sources from whence the former are derived and the mode of disbursement, and also a distinct statement of the whole amount assessed, received and expended in the respective wards and divisions, for making and repairing streets, highways and bridges for the same period, together with such information as may be necessary to a, full understanding of the financial concerns of the city. Sec. 2. The inhabitants of the City of Champaign are hereby exempted from working upon any road or highway beyond [the] limits of the city, and from paying the tax in lieu thereof, without said limits* who are required to labor on the streets and alleys of the city, at such time and place, and in such manner as the City Council may direct, or the Supervisor shall deem necessary. He shall deliver, or cause to be delivered or left, at the usual places of abode or business of any per¬ son so required to labor, as aforesaid, a written or printed notice, or partly written or partly printed notice, in such form as the City Council shall prescribe, which notice shall be given at least five days- previous to the first day on which he or they are required to labor* requiring such person to appear at such time and place as may be' designated, for the purpose of laboring upon the streets and alleys. Hut a similar notice published- for ten days, in the newspaper publish¬ ing the ordinances of the city, by the Supervisor, or posted up in- three of the public places of the ward or district, shall be deemed a sufficient notice to require all persons to appear and labor, as aforesaid. Upon the neglect of any person to appear and labor, as aforesaid, or to pay the tax, the Collector shall collect from each person, in the same manner as other taxes, the sum of three dollars, with his com-- mission for collecting the same added thereto, or the same may be recovered by suit, with costs, as in other eases. Se«. 4. The City Council shall have power to establish, make and declare the boundaries and names of streets and alleys. Sec. 5. All fines, forfeitures and penalties collected for offen[s]es committed within said city, shall be paid into the treasury of said city by the officers collecting the same, and all fines and forfeitures col¬ lected of any citizen of said city, for any conviction in the Circuit Court, shall be paid over in like manner. Sec. 6 . The City Council shall have power to require that all additions hereafter made to said city, or all lands adjoining or within the same, laid out into blocks or lots,, shall be so laid out and platted as to correspond and conform to the regular blocks, streets and alleys already laid out and established within the city. Sec. T. The City Council shall, in all expenditures for purposes- strictly local, expend, annually, in the several natural divisions of the * See Amendments, Sec: 2. CHARTER OF THE CITY OF CHAMPAIGN. 33 city, such proportion as near as may be of the whole expenditures for like purposes during the same period, as will correspond to the several sums contributed by each division to the general fund. Street taxes shall be expended in the several wards or districts where the persons paying the same may respectively reside. Sec. 8. The Supervisor, in addition to the penalties prescribed by ordinance, shall, for willful neglect of duty, be liable to indictment and tine in the same manner as Supervisors under the laws of the State. Sec. 9. Neither the City Council or Mayor shall remit any fine or penalty imposed upon any person, for a violation of any laws or ordinances of said city, or release from confinement, unless two-thirds of all the Aldermen elected shall vote for such release or remission. Nor shall anything in this act be so construed as to oust any court of jurisdiction, to abate and remove nuisances within its jurisdiction, by indictment or otherwise. Sec. 10. No vote of the City Council shall be reconsidered or rescinded at a special meeting, unless the meeting be called, in whole or in part, for that purpose, and the Aldermen be so notified, and unless at such special meeting there shall be present as large a number of Aldermen as was present when the vote was taken. Sec. 11. *Every ordinance, regulation and by-law, imposing any penalty, fine, imprisonment or forf[e]iture for a violation of its pro¬ visions, shall after the passage thereof, be published three days in the newspaper publishing the ordinances of the city, and proof of such publication by the affidavit of the printer or publisher of such news¬ paper, taken before any officer authorized to administer oaths, and filed with the Clerk, or any other competent proof of such publication, shall be conclusive evidence of the legal publication and promulgation of such ordinance, regulaation or by-law, in all courts and places. Sec. 12. All actions brought to recover any penalty or forf[e]iture incur[r]ed under this act, or any ordinance, by-law or police regulation, made in pursuance thereof, shall be brought in the corporate name. It shall be lawful to declare generally in debt for such penalty, fine or forf[e]iture, stating the clause of this act, or the by-law or ordi¬ nance under which the penalty or forf[e]iture is claimed, and to give the special matter in evidence under it. Sec. 18. In all prosecutions for the violation of any ordinance, by-law or other regulation, the first process shall be a summons, unless oath or affirmation be made for a warrant, as in other cases. Sec. 14. ^Execution may be issued immediately on rendition of judgment. If the defendant has no goods, or chattels, or real estate, within the county of Champaign, whereof the judgment can be col¬ lected, the execution shall require the defendant to be confined in the county jail, or work-house, or city prison, for a term not exceeding six months, in the discretion of the court rendering judgment, and all * $eo Amendments, Sec. 3. f Sew Amendments, Sec. 17. CHARTER OF THE CITY OF CHAMPAIGN. *> «) 4 persons who may be committed under this section, shall be confined one day for each one dollar of such judgment and costs. All expenses incur[r]ed in any execution for the recovery of any fine, penalty or forf[e]iture, when collected shall be paid into the city treasury. Sec. 15. No person shall be an incompetent judge, justice, wit¬ ness or juror, by reason of his being an inhabitant or freeholder in the City of Champaign, in any action or proceeding in which said city may be a party in interest. Sec. 16. All ordinances, regulations and resolutions, now in force in the City of Champaign, and not inconsistent with this act, shall remain in force under this act until altered, modified or repealed by the City Council after this act shall take effect. And all said ordi¬ nances, regulations and resolutions, and all acts, proceedings, matters and things, of any and every name and notice whats[o]ever, done, or provided to be done, by the City Council of the City of Champaign, before this act shall take effect, are hereby made and declared to be valid. Sec. IT. All rights, actions, fines, penalties and forf[e]itures in suit[s] or otherwise, which have heretofore accrued to the city, at any time, shall be vested in and prosecuted by the corporation hereby created. Sec. 18. All property, real, personal or mixed, belonging to the City of Champaign, is hereby vested in the corporation created by this act, and the officers of said corporation, now in office, shall respectively continue in the same until superseded in conformity to the provisions hereof, but shall be governed by this act, which shall take effect from and after its passage. Sec. 19. *[A11] ordinances of the city, when printed and pub¬ lished by authority of the City Council, shall be received in all courts and places without further proof. Sec 20. The style of all ordinances shall be: “Be it ordained by the City Council of the City of Champaign.” Sec. 21. Any tract of land adjoining said city, which may be laid off into lots or blocks, and duly platted according to law, and any tract of land adjoining the city, with the consent of the owner thereof, shall and may be a[n]nexed to said city and form a part thereof. Sec. 22. This act shall not invalidate any legal act done by the City Council of the City of Champaign, or by its officers, nor divest their successors under this act of any rights of property or otherwise, or liability which may have accrued to, or been created by, said corpo¬ ration prior to the passage of this act. Sec. 23. All officers of the city created conservators of the peace by this act, or authorized by any ordinance, shall have power to arrest, or caust [cause] to be arrested, with or without process, all persons who shall break the peace, or threaten to break the peace, or be found violating any ordinance of this city, commit for examination, and, if necessary, detain such persons in custody, over night or the Sabbtah, in *See Aru^ndmeritv Sec. 4. CHARTER OF THE CITY OF CHAMPAIGN. .>.) the watch-house or other safe place, or until they can be brought before a magistrate; and shall have and exercise such other powers, as con¬ servators of the peace, as the City Council may prescribe. Sec. 24. There shall be a digest of the ordinances of the city which are of a [general] nature, published within five years after the passage of this act, and a like digest within every period of five years thereafter. Sec. 25. The City Council shall have pow r er to make regulations to secure the general health of the inhabitants; to declare what shall be a nuisance and to prevent and remove the same. Sec. 26. This act shall not take effect as the charter of the city of Champaign, unless a majority of the legal voters of said city, voting at an election hereinafter provided, shall cast their votes for the adoption of the same; said election to be held on the last Monday in the month of March, A. D. 1861, as other elections are now held in said city, upon notice to be given by the Clerk or Attorney of the present Board, said notices to be posted up in five public places in said city. The returns of said election, held as aforesaid, shall be certified by the officers of the elections, and placed on file in the office of the Circuit Clerk of the county of Champaign, Ill[inoi]s. And it shall not be necessary in any proceeding, either at law or in equity, to prove that this charter was adopted by the people, but such proof shall be a matter of defense, in showing that this charter was not adopted by a vote of the people, by reference to the returns of the election, as in this section provided for. This act shall be a public act, and shall take effect from and after its passage. SHELBY M. CULLOM, Speaker of the Home of Representatives. FRANCIS A. HOFFMAN, Speaker of the Senate. Approved, February 21, 1861. RICHARD YATES, Governor. tv ss. UNITED STATES OF AMERICA, State of Illinois. ,—^ I, 0. M. Hatch, Secretary of State of the State of ] Illinois, do hereby certify that the foregoing is a true copy J of an enrolled law now on file in my office. In witness ' v— v —' whereof, I have hereunto set my hand, and affixed the Great Seal of State, at the city of Springfield, this 21st day of March, A. D. 1861. L. 8. 0. M HATCH, Secretary of State. 36 CHARTER OF THE CITY OF CHAMPAIGN. TO THE CHARTER OF THE CITY OF CHAMPAIGN i. ii. hi. IV. y. VI. VII. VIII. VIII. VIII. IX. IX. IX. IX. IX. x. Sec. 4, Art. 5, of Charter Amended. Art. 6, and Sec. 3, Art. 11 Amended. Sec. 11, Art. 11, Amended. Sec. 19, Art. 11, Amended. City Hall, Market House , and Other Buildings ; Poiver of City Council in. Fire Engines , etc. Sec. 9, Art. 9, Amended. Secs, 2, 3, 5 and 6, Art. 7, Amended. Publication of Notice. Posting “ Sec. 11, Art. 7, Amended. Notice of Assessment. Damages and Benefits. Assessments, how Collected. Lands Sold for. Commissioners to Convey. XI. Pi e-survey and Numbering Lots. XII. Additions, how Made. XIII. Damages for Neglect. XIV. Jurisdiction of Po lice Jus¬ tices. XIV. Rules of Practice. XV. Powers of Marshal. XVI. Fines and Forfeitures. XVII. Process. XVIII. Affidavit for. XVIII. Proceedings under. XIX. Continuance. XX. Executions. XXI. Costs, how Paid. XXII. & XXIII. City may Ap¬ peal. XXIV. Forms Prescribed by Council. XXV. Publication of Notice. Certificate of Secretary of State. AX ACT to amend an Act entitled “An Act to Charter the City of Champaign,” approved February 21, 1861. Section 1. Be it enacted by the People of the State of Illinois , represented in the General Assembly, That section four of article five of an Act entitled “An Act to Charter the City of Champaign,” approved February 21st, 1861, is hereby so amended that the City Council of said city shall have power to issue and negotiate any such bonds as mentioned in said section, bearing any rate of interest not exceeding the rate of ten per cent, per annum, instead of eight per cent, per annum, as heretofore required in certain cases. Sec. 2. Article six, and section three of article eleven of said act, are hereby so amended that the City Council of said city shall have power, by ordinance or resolution, to fix the amount of money to be paid, in lieu of labor, upon the streets, alleys and highways of said CHARTER OF THE CITY OF CHAMPAIGN city, at any sum not less than two, nor more than six dollars ; and in case any person, liable to perform such labor, shall fail or refuse so to do, when duly notified by the City Supervisor, and shall fail for five days after the first day appointed by such notice for such labor, to pay to the City Supervisor, or the City Treasurer, the amount of money which may be so fixed by the City Council, the amount of money so fixed, together with fifty per cent, thereof, for damages, may be collected of him, by suit, in the name of the city, before any court of competent jurisdiction, with costs of suit, and no set-off shall be allowed in any such suit; or said amount of money, and damages, may be collected in the same manner as other taxes. It shall be sufficient publication of the notice required by said section three, article •eleven, to be published for ten days in the newspaper publishing the ordinances of the city, to publish such notice once in such newspaper, which publication shall be at least ten days before the first day appointed in said notice, for laboring on such streets, alleys or highways. Sec. 3. Section eleven of article eleven, of said act, is hereby so amended that it shall be sufficient publication of any ordinance, regu¬ lation or by-law, required by said section eleven to be published three days in the newspaper publishing the ordinances of the city, to publish the same in such newspaper at least once; but no such ordinance, regulation or by-law shall take effect, or be in force, until three days after such publication. Such publication may be proved by any competent evidence, and proof of such publication, by the affidavit of the printer or publisher of such newspaper, taken before any officer authorized to administer oaths, and filed with the City Clerk of said city, shall be conclusive evidence of the legal publication and promul¬ gation of such ordinance, regulation or by-law, in all courts and places; all ordinances, regulations and by-laws, which have been heretofore printed and published, as herein provided, shall be taken and consid¬ ered in all courts and places as having been legally and sufficiently printed and published. Sec. 4. Section nineteen of article eleven, of said act, is hereby so amended that any of the ordinances, regulations or by-laws of said city, when printed and published by authority of the City Council, shall be received in evidence in all courts and places, without further proof, and the certificate of the City Clerk, under the corporate seal of the city, shall be prima facie evidence of such printing and publi¬ cation. The ordinances, regulations and by-laws of said city, which have been, or may hereafter be, published in book or pamphlet form, such book or pamphlet purporting, by its title, to be published by .authority of the City Council of said city, shall be received in all courts and places as prima facie evidence of the due passage, printing and publication, and promulgation of such ordinances, regulations and by-laws. Sec. 5. Whenever the City Council of said city shall lawfully determine, by ordinance or resolution, to be entered upon the journals, to erect, a city hall, market, hospital, city prison, or work-house, or to 38 CHARTER OF THE CITY OF CHAMPAIGN, purchase any market grounds, public squares or parks, or to grade* pave or plank any street, or part thereof, or to erect lamps and posts, and light the streets in any district or ward, or upon any other improvement for which they are authorized by law to levy a tax, and the estimated costs of such improvements shall be greater than the amount received from the tax authorized by law to be levied for that purpose, at one time, they shall have the power to levy and collect such tax on all the property subject to taxation in the city, or in the proper division, ward or district thereof, annually, until a sufficient amount of money shall have been received from it to pay the expenses of such improvement, or so much of such expenses as any such division, ward or district may be liable by law to pay; or they may borrow money to an amount equal to the estimated cost of such improvement, not exceeding the amount to which they are by law authorized to issue the bonds of the city, and proceed with such improvement with the money so borrowed, and may annually Itvy and collect the rate of tax so authorized by law for that purpose, on all property subject to taxation in the city, or in the proper division, ward or district thereof, until the money so borrowed, or the propor¬ tion thereof proper to be paid by any division, ward or district of the city, and the interest thereon, shall be received. Sec. 6. The City Council of the City of Champaign shall have- power, within the city, to levy and collect a tax, not exceeding five mills on the dollar, on all property taxable for State purposes, for the purpose of procuring lire engines, hooks, ladders, and all other apparatus used for the extinguishment of fires, to be collected as other taxes. Sec. 7. Section nine of article nine, of said act, is hereby so amended that the collector shall advertise such premises as therein mentioned, for sale, in the newspaper publishing the ordinances of said city, at least three times, the first of which advertisement shall be at least thirty days before the day of such sale, describing the premises, by figures or otherwise, with the name of the owner (when known), and the several amounts of the taxes and assessments thereon, and costs ; said notice shall also contain the time and place of sale. Sec. 8. Section two of article seven, of said act, is hereby so amended that it shall be sufficient publication of the notice thereby required to be published for ten days in the newspaper publishing the ordinances of the city to publish such notice twice in such newspaper, the first publication to be at least ten days previous to the choice of commissioners, as provided by said section two. Section three of said article seven is hereby so amended that it shall be sufficient publica¬ tion, of the notice therein required to be published by the commission¬ ers, to publish such notice in the newspaper publishing the ordinances of the city, at least once; which publication shall be at least five days before said commissioners enter upon their duties. Section five of said article is hereby so amended that it shall be sufficient publication of the notice, therein required to be published, to publish such notice once in the. newspaper publishing the ordinances of the city, such CHARTER OF THE CITY OF CHAMPAIGN. 39 publication being at least five days previous to the day named in said notice for persons intersted to appear and give notice to the City Council of their election, as required by said section. The five days’ public notice required to be given by section six of said article, may be given by posting up written or printed, or partly written and partly printed, notices of such sale, in at least three of the most public places in said city, or by publishing such notice once in the newspaper pub¬ lishing the ordinances of said city, which publication shall be at least five days before the day of sale. Sec. 9. * Section eleven of article seven, of said act, is hereby so amended that it shall be sufficient publication of the notice therein required to be given by the Clerk, to publish the same at least twice in the newspaper publishing the ordinances of the city, the first of which publications shall be at least ten days before the day specified in said notice for the confirmation of the assessment, and in addition to the provisions of said section eleven, when the commissioners appointed for assessing the damages and benefits, for making, opening, widening, straightening or altering, any street, alley or highway, or public ground or square, shall have reported their assessment of dam¬ ages and benefits to the City Council, and the City Council shall have approved the same, such assessment may, at any time thereafter, be collected of the owner of the lot, land or premises against wdiich the same is assessed, and recovered, by suit in the name of the city, before any court having jurisdiction; or the City Council may, by the passage of ordinance or resolution, to be entered, at full upon the journals by the City Clerk, levy and assess the amount of such assessment against the land, lot or premises against which the same is assessed by the commissioners,and direct that a warrant issue for the collection of the same; and such warrant shall be collected by the sale of the lands, lots or premises, against which assessments are made, in the manner provided in the ninth article of said act (and such amendments as may be made thereto), for the collection of taxes and assessments, and such assessments shall be a lien in the manner provided in the fourth section of said article nine. The ordinance or resolution the City Council, levying such assessments, shall contain a correct list and description of the lands, lots or premises, in figures or otherwise, with the name of the owner thereof (if known), and the amount assessed against each tract of land, lot or premises, set oppo- *- site thereto. Sec. 10. The commissioners appointed to assess the damages for making, opening, widening, straightening or altering any street, alley or highway, or public ground or square, when all the proceedings shall have been completed, and the damages paid or tendered to the owner of the land taken, or deposited to his or their credit, in the manner required by law, shall by deed convey to the city the lands, lots and real estate so taken, and such deed shall vest such lands, lots and real estate in the city for the use of the public, and shall be conclusive * Sit A rt. All. CHARTER OF THE CITY OF CHAMP AlGJSfi 40 evidence that all proceedings were in conformity with the charter and ordinances of said city. Sec. 11. The City Council of said city may cause the re-survey of said city, or any part thereof, or addition thereto, and may correct any errors which may be found in the original surveys of the same, and may cause ail lands and real estate within the city to be surveyed and correctly described, by metes and bounds, or otherwise, or desig¬ nated by numbers, so as to be properly assessed for taxation, and may regulate the numbering of blocks and lots in the city, and the number¬ ing of lots and blocks, or lands, not already numbered, or which may hereafter be laid out or subdivided, and may cause maps or plats of such lands, blocks or lots, to be made and recorded, and the number, or other designation of such lands, lots or blocks, upon such map or plat, shall bo a good and valid description thereof, in all conveyances, assessments or tax lists, or other proceedings. Sec. 12. The City Council shall have power to adopt a plan for the laying out and platting of all additions which may be made to the city, or of subdivisions of lands lying within the city, so as to establish regularity and uniformity in the streets, alleys, and highways of the city, and to require that all additions which may be laid out or platted, shall conform to such plan, and no map or plat of any addition to such city, or of any lands or lots adjoining it, or of any subdivision of the same, shall be entitled to record, or be recorded, in the office of the Recorder of Champaign county, until the same shall have been approved by the City Council of said city, and all such additions or subdivisions shall be null arid void until a correct map or plat thereof shall be approved by the City Council of said city. Sec. Id. *The City Council shall not be liable for any damages or injury arising from the bad condition of the sidewalks, crossings, streets, alleys or highways of the city, by reason of the neglect of the proper officers of the city to repair the same, until the Supervisor of the city shall have been notified thereof, and shall have failed to repair the same, within a reasonable time after such notice. Sec. 14. The City Council of the City of Champaign shall have power, by ordinance or resolution, to designate one or more justices of the peace in said city, who shall have, concurrently with the Police Magistrate of said city, jurisdiction of any action for the recovery of any fine, penalty or forfeiture, under the charter, or any amendment thereto, or any ordinance, regulation or by-law of said city, where the amount claimed does not exceed one hundred dollars. The rules of practice before such justice of the peace, in such cases, shall be the same as prescribed for Police Magistrates, and all process or orders, issued or made by him, shall be executed by the officers empowered to execute process or orders of a Police Magistrate. Sec. 15. The City Marshal and Police Constables of the City of Champaign, and other officers empowered by law T to execute process issued by the Police Magistrates, justices of the peace, or other courts, *S@e City of Champaign vt. Patterson. 50 Ill.. 52. CHARTER OF THE CITY OF CHAMPAIGN. 41 in cases arising under the charter or ordii ances of the city, mav serve and execute the same within the limits of the couiPy o^’ Champaign, and may receive the same fees for mileage, as are allowed to county constables in similar cases. Sec. 16. The city may sue and declare, in the manner provided in section twelve of article eleven, of said act, for several fines, pen¬ alties and forfeitures for violations of the chartei or ordinances of the city, at the same time, and recover judgment for as many offenses as may be proven, not exceeding the jurisdiction of the court, and may join several defendants, and recover against as many of them as are proved jointly to have committed such violation. Sec. IT. Section thirteen of article eleven, of said act, is hereby so amended that in all prosecutions for the violation of the charter of said city, or any amendments* thereto, or for the violation of any ordinance, regulation or by-law of said city, the first process shall be a summons, unless oath or affirmation be made for a warrant, as herein required: Provided , no process shall be necessary when the defend¬ ant is legally arrested, without warrant, and brought before the court,, but in such cases an entry of the cause, time and place of the arrest shall be made upon the docket of the court, and trial shall be had in the same manner as if process had been issued. Sec. 18. Upon affidavit being made before any proper officer, by any person, of the violation of the charter of said city, or any amendment thereto, or any ordinance, regulation or by-law of said city, by any other person, stating the nature of the violation, and that the offender is a noii-resident of the city, or is about to leave, or remove from the city, or that there is danger that the debt or penalty will be lost to the citv, unless the defendant be arrested, and held to bail, or if it shall appear from the affidavit that the offense committed is an assault, breach of the peace, or other offense, in which a warrant is authorized by the laws of the State, a warrant may be issued for the person accused, which shall contain a brief statement of the nature of the offense, and the title of the ordinance, regulation or by-law, and the section or sections, or clause of the charter, ordi¬ nance, regulation or by-law, under which the action is brought, and shall be in other respects substantially like the warrant authorized to be issued by justices of the peace, by the twenty-second section of chapter fifty-nine of the Revised Statutes of the State, and any person arrested on such warrant may give bail with like effect, and the same proceedings may be had thereon as in other cases of special bail, until otherwise provided by the City Council. Sec. 19. When any person shall be legally arrested, without warrant, and be taken before the Police Magistrate, or any justice of the peace designated by the City Council, as aforesaid, and shall be desirous to postpone the trial of the action against him, the court may, for good cause shown, upon oath, continue such cause: Provided , the defendant shall, if required by the court, give bail, with good security, for his appearance at the trial, or remain in custodv. 6 42 CHARTER OF THE CITY OF CHAMPAIGN. Sec. 20. Execution may issue immediately upon rendition of judgment in favor of the city for any such fine, penalty or forfeiture, of the tenor and effect required by section fourteen of article eleven, of said act, but the defendants shall stand committed until such fine, penalty or forfeiture is discharged, either by a surrender of sufficient property on the execution, or by confinement, or by payment thereof: Provided, the €ity Council of said city may remit such fine, penalty or forfeiture, or release such defendant from custody, either or both, by a vote of two-thirds of the Aldermen elected; but a release from custody only shall not discharge such defendant from the payment of such fine, penalty or forfeiture, and costs. Sec. 21. The City of Champaign shall not be liable for costs, in any case arising under the charter and ordinances of said city, in any event, and the City Council may provide for the payment of the Police Magistrate, justices of the peace, police officers and constables, of a sum of money in gross, in lieu of all fees and costs. Sec. 22. The city may appeal in all cases arising under the charter and ordinances of the city, without giving security, and the Mayor, in cases of appeal by the city, shall execute a bond, in the name of the city, under the corporate seal, without securities, and a resolution or ordinance of the City Council, authorizing the same, shall be sufficient authority therefor, nor shall the city, in any case, be required to file bonds or security for costs. Sec. 23. Transcripts of judgments rendered in cases arising under the charter or ordinances of said city, may be taken from the dockets of the Police Magistrate, or justices of the peace, and filed in the office of the Clerk of the Circuit Court of Champaign county, and shall have the same effect as transcripts in other cases, and execution shall be issued tlioreon and collected in like manner. Sec. 24. The City Council of the City of Champaign shall have power to prescribe the forms of process to be used in, and rules of practice for the government of Police Magistrates and justices of the peace, in cases arising under the charter or ordinances of the city, and to fix and regulate the fees and compensation of jurors, witnesses and others, for services rendered in such cases. Sec. 25. Whenever, by the terms of the act, to which this is an amendment, a notice or advertisement is required or authorized to be published in a newspaper, for any number of days, not exceeding ten, it shall be sufficient to publish such notice in such newspaper once; when such notice or advertisement is required, by said act, to be pub¬ lished more than ten days, and less than twenty-one days, it shall be sufficient to publish it twice; and when such notice is required to be published for any number of days, exceeding twenty-one, it shall be sufficient to publish it three times; and in all cases, where the pub¬ lication is by said act required to be made any number of days or length of time, before any other time, or act to be done, the first publication herein required shall be made as long before such time or act. CHARTER OF THE CITY OF CHAMPAIGN. a Sec. 26. This act shall be deemed a public act, and may be read in evidence without authentication, and judicial notice shall be taken thereof in all courts and places, and shall take effect and be in force from and after its passage. Approved February 16, 1865. t Department of State, \ Springfield, May 10, 1865. / I, Siiaron Tyndale, Secretary of State of the State of Illinois, do hereby certify that the foregoing, except the words printed in brackets, thus [ ] (which are inserted for the purpose of correction and explanation), are true and perfect copies of the enrolled laws on file in my office. I i testimony whereof, I have hereunto set my hand, the day and ye^r aforesaid. SHARON TYNDALE, Secretary of State . YN ACT to amend an Act entitled “An Act to Charter the City of Champaign,” approved February 21, 1861. Section 1. Be it enacted by the People of the State of Illinois , represented in the (fenerdl Assembly, That the boundaries of the city of Champaign are hereby enlarged, so as to include all that terri¬ tory included within the following limits, viz.: Beginning at the ce iter of sectio n eighteen (18), town nineteen (19) north, range nine (9) east, of the third principal meridian, in the county of Cham¬ paign ; and from thence, one mile and three-fourths of a mile due north; and from thence, due west two miles; and from thence, south to the center of section fourteen (11), township number nineteen (19) north, range number eight (8) east, of the third principal meridian, in the county of Champaign; and from thence, east to the center of section eighteen aforesaid, to the place of beginning. Sec. 2. This act shall be deemed a public act, and take effect from, and after its passage. Approved March 80, 1869. 44 CHARTER OF THE CITY OF CHAMPAIGN. UNITED STATES OF AMERICA, ) o State of Illinois. j k '* — A —\ I, Edward Rummel, Secretary of State of the State of f T „ \ Illinois, do hereby certify that the foregoing is a true copy l ^ j of an enrolled law, now on file in my office. In witness v —v—' whereof I have hereunto set my hand and affixed the Great Seal of the State, at the city of Springfield, this nineteenth day of January, A. D. 1871. EDWARD RUMMEL, Secretary of State. Chap. 37 . §§ 72 — 71 . 45 Elections. CS-ELTIEIELAYIL LAWS OF THE STATE OIV ELECTIONS. Laws 1861, 267. 21 Feb. § 1. Laws 1865, 58. 15 Feb. § 15. 752 . Thirty Days’ Residence.] To constitute residence, under the election laws of this State, a person shall have resided in the election precinct or district for the term of thirty days; and no person shall be etitled to vote at any election under the laws of this State, excepting under charters for cities or incorporated towns, unless he shall have actually, and in good faith, resided in the election precinct or district in which he offers his vote, for thirty days immediately preceding such election, any law of this State to the contrary notwithstanding. Ibid. § 2. 73 .] Any person violating the provisions of this act shall be subject to all the fines, penalties and punishments that are now provided by law for illegal voting. Laws 1861, 26T. 22 Feb. § 1. Laws 1865, 58. 15 Feb. § 15. 74 . Residence — Challenge — Oath —- Witnesses.] To consti¬ tute residence, under the Constitution and election laws of this State, a permanent abode is necessary ; and [at] all elections, general or special, held in any town, city, district or ward, every person offering to vote, who is not personally known to the judges and inspectors of election to have such permanent abode, and to have resided in such election district for the space of thirty days immediately preceding such election, shall if his vote be challenged, take the oath now required by law, and, in addition thereto, swear or affirm to his place of residence, specifying the particular place and house in which he resides, and stating how long he has there resided, and his business or employment; and if he has not resided in such house for thirty days immediately pre¬ ceding such election, he shall state where and in what house he has resided for the last thirty days; and, in addition thereto, such voter, so challenged, shall be required to produce two witnesses, both of whom are personally known to said judges of said election, and resident in the precinct, district or ward, or shall be proved by some legal voter or voters of the precinct or district in which said vote is offered, to be voted [voters] therein, who shall be known to said judges, and each of whom shall take the following oath, to be administered by one of the judges of said election: I do solemnly swear (or affirm, as the case may be,) that I am a resident of this election district, and entitled to vote at this election, and that I have been a resident of this election district for one year last past, and that I am well acquainted with the voter whose vote it Chap. 37. U 75—79. Ei.k( tio^s 46 now offered; that he is an actual and bona fide resident of this elec - lion district , and that he has resided in this State for one year last Laws 1861, 268. 22 Feb. § 2. 7*3. Penalties Against Judges.] If any judge of any election shall permit any voter to vote, whose vote is so challenged, without the proof required in section one of this act, or shall knowingly and wilfully permit any person to testify as a witness, contrary to the provisions of this act, shall be deemed guilty of [a] high misdemeanor, and, on conviction thereof, shall be fined in the sum of §1,000, and imprisoned in the county jail for six months. Ibid. § 3. 7©. Perjtiey.] If any witness or voter, whose vote is so challenged and sworn tinder the provisions of this act, shall know¬ ingly, wilfully and corruptly swear falsely, he shall be deemed guilty of perjury, and, on conviction thereof, imprisoned in the penitentiary for any time not less than three nor more than twenty-one years. Ibid. § 8. 77 . All Elections Included.] The provisions of this act shall apply to all general and special elections hereafter held in this State, whether for general, town, municipal or other officers ; and no person shall be considered, under any circumstances, as having a residence in any ward or election district or precinct, unless he shall have had a permanent abode therein for at least thirty days immedi¬ ately preceding such election. Ibid. § 9. 78. Liquor.] No liquor, or other intoxicating drinks, shall be sold or given away, at retail, nor shall any bar-room, or place where liquor or intoxicating drinks are sold at retail, be open upon such election day; and it shall be the duty of the Sheriff, Constables, public officers and magistrates, to see that the provisions of this section are enforced; and any violation of its provisions shall be pros¬ ecuted and punished in the same manner, and to the same extent as the keeping of tippling-houses open upon Sunday, or the first day of the week, is now punished by law. Laws 1865, 54. 15 Feb. § 1. 70 . Board of Registry — First Meeting.] The persons authorized by law, or appointed pursuant to any town or city ordinance, to act as judges or inspectors of elections, in any town, city or ward, or other election district or precinct, in this State (except the moderator of the town meeting, in towns adopting township organization,) shall constitute a Board of Registry for their respective towns, cities, wards, districts or precincts, and shall meet on Tuesday, three weeks preceding any State, county, city or town election (except town meetings in towns adopting the township organi¬ zation law), at nine o’clock, a. m., and proceed to make a list as here¬ inafter prescribed, of all persons qualified and entitled to vote at the ensuing election, in the election district of which they are judges or inspectors; which list, when completed, shall constitute and be known as the Register of Electors of said election district; and said Board may continue their session, for the purpose of making said list, two days, if necessary: Provided that at the last election in said district. 47 Elections. Chap. 47. Z SO. 9 prior to said meeting, the number of votes cast in said district exceeded two hundred. Ibid. § 2. 80 . Register of Electors.] Said registers shall each contain a list of the persons so qualified and entitled to vote in said election district, alphabetically arranged, according to their respective surnames, so as to show, in one column, the name at full length, and in another column, in cities, the residence, by the number of the dwelling, if there be a number, and the name of the street, or other location of the dwelling place of each person. It shall be the duty of said Board to enter in said lists the names of all persons, residing in their election district, whose names appear on the poll list kept in said district at the last preceding election; in cities, the num¬ ber of the dwelling and name of the street or other location, if the same shall be known to, or can be ascertained by such Board; and, for this purpose, said Board are authorized to take from the office in which they are filed the poll lists made and filed by the judges or inspectors of such district, at the election held next prior to the making of such register. In making said list, the Board shall enter thereon, in addition to the names on the }K)11 list, the names of all other persons who are well known to them to be electors in said, district; and the names of all persons on the poll list who have died or removed from the district shall be omitted from said register. [Four Copies Made.] The said Board shall complete, as far as practicable, the said register on the day of their meeting, aforesaid, and shall make four copies thereof, and certify the register and each of the copies to be a true list of the voters in their district, so far as the same are known to them. Within two days thereafter, the said original list, together with the list taken from the office, as aforesaid, shall be filed by said Board in the office of the Town Clerk of the town in which said election district may be; but in counties not adopting township organization, said list shall be filed with the judges or inspectors of election of the proper district, or if such election district is in a city, then it shall be filed in the office of the City Clerk of said city; and one copy of said list shall be kept by each of said judges or inspectors, and carefully preserved by him for their use on the day or days hereinafter mentioned, for the revision and correction of the same. [One Copy Posted or Published.] One copy of said list shall, immediately after its completion, be posted in some conspicuous place, where the last preceding election in said district was held, and be accessible to any elector who may desire to examine the same or make copies thereof. Any person who shall take down, tear down or deface any list, so posted, shall be deemed guilty of misdemeanor, and shall be punished by a fine of fifty dollars, or by imprisonment in the county jail for the term of sixty days, or by both fine and imprisonment. The Board may, in their discretion, cause printed copies of said list to be posted up in such places as they may direct, and may cause the same to be published in some newspaper in the county in which such \ Chap. 37. H 81—84. 48 ElECITOiVS, district is situated, at an expense not exceeding one cent for each name on said list. Ibid. § 3. 81 . In New Districts.] In case a new election dis¬ trict shall be formed by the organization of a new town, or by the division of any town or ward, or the incorporation of a city or town, the judges or inspectors of the election, in the new district thus formed, may make their registry of electors, on the day prescribed by this act, in such manner as a majority of them may direct, and for that purpose may make a list, or cause to be made, a certified copy of the poll list or lists of the districts in which such new district is situ¬ ated, or they may dispense with such list or lists, and proceed to make a register of electors from the best means at their command. Said lists shall only embrace the names of such persons as are known to them to be electors in their district, and shall be posted up and copies thereof made, as prescribed in the preceding section, and shall be corrected in the same manner that other lists are corrected. Ibid. § 4. §*| a Second Meeting of the Board.] The said Board shall again meet on Tuesday of the week preceding the said elections, in their respective election districts-, at the place designated for holding the polls of the election, for the purpose of revising, cor¬ recting and completing said lists, and for this purpose, in 'cities, they shall meet at eight o’clock in the morning, and remain in session until nine o’clock, p. m., of that day and the day following; and in other districts they shall meet at nine o’clock in the morning, and remain in session until four o’clock, p. m., of that day. Ibid. § 5. 88. Corrections and Additions.] The proceedings of said Board shall be open, and all persons residing and entitled to* cote in said district, shall be entitled to be heard by said Board in relation to corrections or additions to said register. One of the lists so kept by the judges or inspectors, as aforesaid, shall be used by them, on the day or days of making corrections or additions, for the purpose of completing the registry for such district. I bid. § 6. 84. Proof to be Made.] It shall be the duty of said Board, at their meeting for revising and correcting said lists, to erase therefrom the name of any person inserted therein, who shall be proved by the oath of two legal voters of said district, to the satisfac¬ tion of said Board, to be non-residents of said district, or otherwise not entitled to vote,, in said district, at the election then next to be held. Any elector residing in said district, and entitled to vote therein, may appear before said Board and require his name to be recorded on said alphabetical list.. Any person so requiring his name to be so entered on said lists, shall make the statement as to the street and number thereof, and where he resides, required by the provisions of this act of persons offering their votes at elections, and shall be subject to the same penalties for refusing to give such information, or for falsely giving the same, and shall also be subject to challenge, either by the judges or inspectors, or either of them, or by any other elector whose name appears on said alphabetical list; and the same 8.j— st. Cn.u\ 37. 19 Uj.kc rroxy. oaths may be administered by the judges or inspectors as now provided iu case of persons offering to vote at an election, and in case no chal¬ lenge is made of any person requiring his name to be entered on said alphabetical list, or in case of challenge, if such person shall make oath that would entitle him to vote in case of challenge at an election, then the name of any such person shall be added to the alphabetical poll list of the last preceding year. Ibid. § T. 85. Completed Lists.] After said lists shall have been fully completed, the said Board shall, within three days there¬ after, cause four copies of the same to be made, each of which shall be certified by them to be a correct list of the voters of their district; one of which shall be filed in the office of the Town Clerk of towns, and in the office of City Clerks in cities ; and one of which copies shall be delivered to each of said judges or inspectors. It shall be the duty of the said judges or inspectors, so receiving such lists, carefully to preserve the said lists for their use on election day, and to designate two of their number, at the opening of the polls, to check the name of every voter voting in such district whose name is on the register. o [Affidavit of Non-registerei> Voter.] No vote shall be received at any State, county, town or city election, in this State, except at town meetings in towns adopting the township organization law, if the name of the person offering to vote be not on the said register, made on the Tuesday or Wednesday preceding the election, unless the per¬ son offering to vote shall furnish to the judges of the election his affidavit, in writing, stating therein that he is an inhabitant of said district, and entitled to vote therein at such election, and prove, by the oath of a householder and registered voter of the district in which he offers his vote, that he knows such person to be an inhabitant of the district, and if in any city, giving the residence of such person within said district. The oath may be administered by one of the judges or inspectors of the election, at the poll where the vote shall be offered, or by any other person authorized to administer oaths, but no person shall be authorized to receive compensation for administer¬ ing the oath. Said oath shall be preserved and filed in the office of the Town or City Clerk, or, in case there be no clerk, then said oath shall be filed with and preserved by the judges or inspectors of the proper district. Any person may [be] challenged, and the same oaths shall be put as now are, or hereafter may be, prescribed by law. Ibid. § 8. 8$$. Duty of Clerks at the Poll.] The clerks at each poll, in addition to the duties now prescribed by law, shall enter on the poll list, kept by them in columns prepared for that purpose, opposite the name of each person voting, the same statement or min¬ ute as hereinbefore required of the Board in making the registry; but such entry is not to be made by them if the registry contains correctly the name and residence of such voter; and in all cases said &/ ' clerk shall enter in a column opposite the name of each person not registered, the words “not registered.” In cities, every elector, at 7 /ci n ■- v fl.U’. . » i. 50 Election's || S7—02. the time of offering his vote, shall truly state the street in which he resides, and if the house, lodging or tenement in which he resides is numbered, the number thereof. And the clerks of the polls, in case the name of such elector is not registered, shall truly enter, in the appropriate column of the poll list, opposite the name of the elector, the street in which the elector resides, and the number, in case the house, lodging or tenement is numbered; and if the same is not numbered, then the clerk shall enter “not numbered” in the column of the poll list for entering the number. In case of refusal to make the statement, as aforesaid, the vote of such an elector shall not be received. Any person who shall wilfully make any false statement in relation thereto, shall be deemed guilty of misdemeanor, and shall, upon conviction, be punished with a fine of fifty dollars, or by impris¬ onment in the county jail in the county for a period of ten days, or by both such fine and imprisonment. Ibid. § 9. 87 . Lists and Register After the Canvass.] After the canvass of the votes, one of said poll lists, and said register, so kept and checked, as aforesaid, shall be attached together, and shall, on the following day, be filed in the Town or City Clerk’s office (as the case may be) in which said district may be, or in case there be no such clerk, then such poll lists and register shall be filed with and preserved by the judges or inspectors, to be nsed by the Board of Registry in making the list of voters at the next election; the other of said poll lists and registers, so kept and checked (except in town and city elections), shall be returned to the office of the County Clerk of the county in which said district may be, at the same time the returns of the election are made. Ibid. § 10. 88. Clerks.] The said Board may, if necessary, on the day or days of the making and of the corrections of such lists, appoint a clerk to assist them in the discharge of their duties required by this act; and the same oath shall be taken by such clerk as is required by law of clerks of the polls or of elections. Ibid. §11. 80 .] The registers shall at all times be open to public inspection, at the office of the authorities in which they shall be depos¬ ited, without charge. Ibid. § 12. 00 . Compensation.] The members of the Board of Registration and their clerks shall each receive the same compensation as is now allowed by law for judges or inspectors of elections, for each day actually employed in the making and completing of the registry, to be paid to them at the time and in the manner in which they are paid their other fees. Ibid. § 13. 01 .] The said Board shall have and exercise the same power in preserving order at their meetings, under this act, as are given to judges or inspectors of elections for preserving order on election days; and vacancies in said Board shall be filled in the same manner that vacancies are now filled at elections. Ibid. § 14. OS. Double Registration, etc.] Any person who shall cause his name to be registered in more than one election district, ! M 93—91. Ejections ClTAP. o - • > I • or who shall cause his name to be registered, knowing that he is not a qualified voter in the district where said registry is made, or who shall falsely personate any registered voter, and any person causing, aiding or abetting any person, in any manner, in either of said acts, shall be punished, for each and every offense, by imprisonment in the State Prison for not less than one year. All intentional false swearing before said Board of Registration shall be deemed willful and corrupt perjury, and, on conviction, punished as such. If any member or officer of said Board shall wilfully violate any of the provisions of this act, or be guilty of any fraud in the execution of the duties of his office, he shall be punished, for each and every offense, by impris¬ onment in the State Prison for not less than one year. Ibid. § 18. 93. Blanks.] The necessary blanks for making the registers required by law, shall be prepared by the Secretary of State, and transmitted, to the persons entitled to receive them, in the same manner that blank returns of elections are now transmitted. Ibid. § 19. 94:.] Nothing contained in this act shall be construed in any manner to affect the provisions of any act that has been or may be passed at the present session of the General Assembly, to enable the qualified electors of this State, absent therefrom in the military service of the United States, in the army or navy thereof, to vote. — [Act of 16 Feb. 1865; to enable the electors absent in the army or navy to vote; Laws 1865, 59. Corporations. Chap. 25. Div. 1. HO—HI. COLLECTION OF tm^:x::e]S -A.hat id assessments. Laws 1854, 22. 1 Mar. § 1. P. 181. 8. 201. SO. Sales for Taxes.] In all cases, where taxes assessed on real estate by the corpo¬ rate authorities of any city or town in this State, except in the city of Chicago, are not paid within the time fixed by the corporate authorities of any such city or town, it shall be lawful for the Collector of any such city or town, after giving notice of such application, by advertisement, at least thirty days previously to such application, in some newspaper published in said town or city, or if no newspaper should be published in said town or city, then by posting up printed or written notices of such intended application in at least four of the most public places in such town or city, to apply to the County Court of the county in which such delinquent real estate may be situated, and cause judgment to be entered against such delinquent real estate for the amount of taxes due and unpaid, and costs'. And the said County Court shall proceed to hear and determine said application, and render judgment against said delinquent real estate, in the same manner, and said judgment shall have the like effect, as though said delinquent list had been returned to the County Court by the Sheriff or Collector of the county, in the collection of State and county taxes. And the County Court shall issue its precept or order to the Collector of said city or town, directing him to sell said real estate at public auction, to pay said delinquent taxes and costs: Provided , that the corporate authorities of such towns or cities shall have full power to adopt any regulation or proceeding they may deem necessary to carry this section into full effect: And provided further , that the corporate authorities of any town or city shall have power to fix the time of such application to the County Court, and the time of sale of said real estate. Ibid. § 2. SI. Assessments for Improvements. In all cases where assessments have heretofore been made, or where assessments may hereafter be made, by the corporate authorities of any town or city in this State, on any lot or real estate in such town or city, for the purpose of improving any street, sidewalk or alley, in front of such lot or real estate, or for any purpose whatever, either by ordi¬ nance, resolution or other proceeding, and such assessment is not paid within the time fixed by the order, resolution or ordinance, making such assessment, the corporate authorities of the several towns and cities in this State may apply to the County Court of the proper county for judgment against said lot or real estate, for the amount of Chap lot. 22 1—1, AY u< r :im ^ s;tid assessment and costs; and the County Court, on such application being made, shall render judgment against such lot or real estate, for the amount of said assessment and costs, and shall issue its precept to the Sheriff of the proper county, commanding him to sell said lot or real estate, or so much thereof as may be necessary to pay said judg¬ ment and costs, in the same manner and with like effect as if sold upon execution at law; and the corporate authorities of the several towns and cities shall have full power to provide, by resolution or ordinance, for the making or levying of any such assessment, and they shall have full power to fix the time of payment, and the kind and time of notice of such assessment, and of the said application to the County Court; and the corporate authorities of any town or city shall have full and complete authority to adopt any rule, regulation or proceeding which they may deem necessary to carry the provisions of this section into full and complete effect. CHAPTER 107. Warrants of Cities and Towns. B. S. § 1, 531. P. 1184. S. 205. 1 . Drawn for Amount Due.] In all cases in which any city or town in this State shall be indebted to any person or persons, on any account whatsoever, a warrant or voucher shall be drawn on the Treasurer of such citv or town, for the v' ' whole amount found due to such person, by the tribunal having power to audit and allow claims against such city or town; and such tribunal shall not, in any case, draw more than one warrant or voucher for the amount allowed to one individual at one time. Ibid. § 2. 2.] No warrant or voucher, drawn on the Treasurer of any city or town, shall he drawn in favor of any other person than the one to whom the same may be due, and such warrant or voucher may be in the form now prescribed by law. Ibid. § 3. 3. To Whom Payable.] No Treasurer of any citv or town in this State shall pay any warrant or voucher drawn on him, unless such warrant he presented for payment by the person in whose favor such warrant is drawn, or his assignee, or executor, or adminis¬ trator. 1 bid. § 4. 4 .] Any officer or officers, of any town or city, that shall be guilty of violating the provisions of this chapter, shall he deemed guilty of a misdemeanor in office, and for every such violation shall be fined in a sum not exceeding five hundred dollars, to he recovered by indictment. 54 EVIDENCE — POLICE MAGISTRATES. EVIDENCE. [Extract from Chapter NL., entitled “Evidence and Depositions.”— Revised Statutes of 1845. Section 9. Copies of all papers, books or proceedings, or parts thereof, appertaining to transactions in their corporate capacity, of any town or city, heretofore incorporated under a general or special law of this State, certified to be true copies by the Clerk or keeper of the same, under the seal of said town or city, or under the private seal of said Clerk or keeper, if there be no public seal; the said Clerk or keeper also certifying that he is intrusted with the safe keeping of the originals, of which he gives certified copies,, shall be received as prima facie evidence of the facts so certified in all the courts of this State, in any suit or proceeding pending before them. POLICE MAGISTRATES. AN ACT for the Better Government of Towns and Cities, and to amend the Charters thereof. Section 1. Be it enacted by the People of the State of Illinois , represented in the Greneral Assembly , That there shall be established, in each of the cities in this State, inferior courts of civil and criminal jurisdiction, which shall be called Police Magistrates' Courts. Sec. 2. That there shall be elected, in each of the incorporated towns and cities of this State, the population of which shall not exceed six thousand, an officer who shall be styled Police Magistrate of the city of -, or town of -, as the case may be; in each city of this State, having a population of over six thousand and not exceeding twelve thousand, there shall be elected two Police Magistrates; and in the cities of this State, whose population shall exceed twelve thou¬ sand, there shall be elected three Police Magistrates; said Magistrates shall be elected by the legal voters of such city or town, at the next regular election for city or town officers, and every four years there¬ after. Sec. 8 . Said Police Magistrates, when elected, shall be commis¬ sioned and qualified in the same manner as justices of the peace are, and shall have, in their respective counties, the same jurisdiction, powers and emoluments as other justices of the peace in this State; and they shall also have jurisdiction in all cases arising under the ordinances of their respective towns and cities, and for any breaches thereof, where the amount claimed shall not exceed one hundred dollars, and in all cases arising under the ordinances of towns and cities, said EVIDENCE POLICE MAGISTRATES. :>:> Ma gistrates shall be entitled to the same fees as justices of the peace now are for similar services, and to be collected in the same manner: Provided, the city or town authorities of any such town or city may make such additional allowance to such Police Magistrate as they may deem just and expedient, and in all cases arising under the ordinances of any such town or city, change of venue shall be allowed from one Police Magistrate to another, in cities where there is more than one such Magistrate, and, in all other towns and cities, from such Police Magistrate to the nearest justice of the peace, to be applied for in the same manner, and granted on the same conditions and in the same manner, as changes of venue from justices of the peace now are. Sec. 4. The rules of practice and proceeding before such Police Magistrate shall conform to the practice and proceedings before jus¬ tices of the peace, except in cases where such rules of practice and proceeding shall be changed or modified by the charter of such town or city, in which case such rules of practice and proceedings shall conform to the said charters. Sec. 5. The City Marshals of such towns or cities, and all con¬ stables of the county in which said town or city may be situated, and all the town or Police Constables of such towns or cities respect¬ ively, shall be and are hereby authorized to execute all process and orders issued or made by said Police Magistrate in their respective counties. Sec. 6 . Appeals shall be allowed from the decision of Police Magistrates in all cases, to be applied far and taken in the same manner that appeals from justices of the peace may be taken. Sec. 7. This act to take effect and be in force from and after its passage. Approved February 27, 1854. AN ACT to amend an Act entitled u An Act for the Better Govern¬ ment of Towns and Cities, and to amend the Charters thereof;” approved February 27, 1854. Section 1. Be it enacted by the People of the State of 1 llinoi represented in the (general Assembly, That all Police Magistrates, when elected, shall severally hold their offices for the term of four years, and until others are elected and qualified; and in case of death, resignation or removal from the town or city, of any of the said Police Magistrates, their offices shall be deemed thereby vacated, and such vacancies shall be filled by special elections for that purpose, notified and conducted in the same manner as is now provided by law for special elections for justices of the peace. Sec. 2. This act shall take effect and be in force from and after its passage. Approved February .15, 1855. RULES OP THE CITY COUKTTL. Rules of the City Council OF THE CITY OF CHAMPAIG1T. i. The Mayor shall take the chair at the hour appointed for the Council to meet, and immediately call the members to order, and, at the instance of any two members present, compel the attendance of absent members. And, in cases of the non-attendance of the Mayor at any meeting, the Board of Aldermen shall appoint one of their own members Chairman, who shall preside at that meeting, and shall be Mayor pro tern. 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 (which shall always be in writing), claims, and reports of officers. Third —Reports of standing committees. Fourth — Reports of special committees. Fifth — Communications to the Council. Sixth — Unfinished business of the preceding meeting. Seventh —-New business. IV. All q nestions as to the priority of business shall be decided without debate. V. The Mayor shall preserve order and decorum, and shall decide all questions of order subject to an apeal to the Council, IU'LES OF THE CITY COl’XCIL. i > i _I____._ VI. While a question is being put, no member shall walk across or out of the Council room. VII. When two or more members shall address the Mayor, he shall decide who is first to speak. VIII. No member shall speak more than twice upon the same question, nor more than once upon the “previous question,” without leave of the Council, nor more than once in any case, until every member choosing to speak shall have spoken. While a member is speaking, no member shall entertain any private discourse, or pass between him and the Mayor. X. I Every member, previous to his speaking, shall rise and address: “Mr. Mayor”—but shall not proceed until recognized and named by the Mayor. XI. No personalities or reflections, injurious to the feelings of any member or the harmony of the Council, shall be tolerated, and every person indulging in such personalities shall be called to order by the Mayor. */ XII. A member called to order shall immediately sit down, unless per¬ mitted by the Council to explain. If he appeals, the Council shall decide the point without debate. If no appeal is taken, the decision of the Mayor shall be conclusive. XIII. When a question is stated, every member present shall vote, unless excused by the Council, or unless directly interested in the question, in which case he shall not vote. XIV. No motion shall be entertained unless seconded; when seconded, it shall be stated by the Mayor, and, if any member requires it, reduced to writing. XV. When a motion or resolution has been stated by the Mayor, it shall be deemed to be in possession of the Council, but may be withdrawn at anv time before a decision or amendment. 8 RULES OF THE CITY COUNCIL. 58 XVI. If a question unEr consideration contains more than one distinct proposition, it may be divided upon the request of any member. XVII. When a blank is to be filled, and different sums or times proposed, the question shall first be put upon the largest sum or the longest time. XVIII. When a question is under debate, no motion shall be received, unless for the previous question, to postpone indefinitely, to adjourn to a certain day, to lay on the table, to amend, or to adjourn the Council. XIX. Amotion for the “previous question,” to lay the “question” on the table, or to commit it until decided, shall preclude all amendment or debate of the main question, and a motion to postpone a question indefinitely, or to adjourn it to a certain day, shall, until it is decided, preclude all amendment to the main question. The “previous question” shall be put as follows: “Shall the main question be now put?” XXL A motion to adjourn shall always be in order and decided without debate. XXII. In all cases, the name of a member offering a resolution or motion shall be entered with it upon the journal. XXIII. The yeas and nays shall be taken upon the passage of every ordi¬ nance, and entered upon the journal; and, if any member require it, upon any question before the Council; but shall not be taken unless called for previous to the taking of the vote. XXIV. No ordinance shall be repealed or passed, or contract or appro¬ priation of money made, unless by a vote of a majority of the Board. XXV. All committees shall be appointed by the Mayor, unless otherwise directed by the Council, in which case they shall be appointed by ballot, RULES OF THE CITY COUNCIL. 5H XXVI. Committees, to whom any subject may be referred, shall report in writing, addressed to the City Council of the City of Champaign. XXVII. The City Clerk shall forward all papers to the appropriate commit¬ tees and officers as early as the next day after the reference shall be made, by the City Marshal, who shall deliver them. XXVIII. The standing committees of the Council shall be as follows: On Streets and Alleys , Public Buildings and Grounds , to be composed of three members; on Schools , similarly constituted; on Claims , of three members ; on Fire and Water , of three members ; on Police , of three members; on Markets , of three members. Such committees shall be appointed by the Mayor, or presiding officer, or Mayor, pro tem ., annually, at the first stated meeting of the year. The first named of each committee shall be chairman. No petition for the remission of a fine, under any ordinance of the City, shall be considered after reception, without a vote of two-thirds of the Council, or without said petition is signed by the Police Magis¬ trate, or the jury imposing the fine, or the City Attorney. XXX. Every proposition involving the expenditure of money, shall be referred to an appropriate standing committee, and a report thereon made to the Council by said committee before the Council vote upon the expenditure. XXXI. The regular stated meeting of the City Council shall be held at the office of the Police Magistrate, on the second Saturday of each month, at seven o’clock, p. m., and two other regular stated meetings — one on the third Saturday of June, and the other on the fourth Saturday of July, A. D. 1860; and adjourned meetings may be held for the purpose of completing the unfinished business of the regular meetings at such times as may be appointed by the City Council. A meeting shall be held on the last Monday in March in each year, for the pur¬ pose of making settlements of the accounts of the city officers for the preceding year. XXXII. Special meetings may be called and held by notification to each member of the Council, served personally or left at his usual place of abode, stating the object and purpose of such meeting, and no business shall be transacted at such special meeting, except such as the meeting was called for and notification given thereof. ■;o RULES OF THE CITY COUNCIL. XXXIII. The City Marshal, or some one appointed by him, at his own cost, shall attend all meetings of the Council and execute all their orders, and shall keep the Council room in order and prepare the same for the meetings of the Council, and extinguish the lights and fires, and close the same upon adjournment. He shall, when required by the Mayor, or any two Aldermen, deliver notice of any special meeting to each member of the Council, or leave the same at his usual resi- dence. XXXIV. The foregoing rules, nor any of them, shall not be repealed or annulled, amended, abridged, modified or suspended, except by a vote of a majority of the Council. Adopted June 9, A. D. 1860. -4W • t • ItE VISED ORDINANCES 0 F T II E TY OF OIHIJYIMIFYYIGrFr. AN ORDINANCE in Relation to the Revised Ordinances of the City. Section 1 . (July 12,1871.)—§ 1. Be it ordained by the City Council of the City of Champaign , That the following shall constitute and be denominated the “Revised Ordinances of the City of Champaign,’' and shall be published in book form, properly arranged and divided into chapters, divisions and sections, with a table of contents, and properly indexed, and when published, with the certificate of the Mayor and City Clerk, under the corporate seal, of the authenticity of the same, shall be in force, and shall be received in all courts and places of judicial investigation without further proof. All public or general ordinances, or parts thereof, not included herein, shall be repealed, so far as they may conflict with the provisions hereof; but no fine, forfeiture, penalty, right, action, suit, debt or other liability whatsoever, created, instigated, incurred or accrued, by or under the same, shall be released, discharged, annulled, repealed, or in anywise affected; but may be prosecuted, recovered or enjoyed, or any suit or other proceeding be commenced or completed thereon, as fully, and in the same manner in all respects, as if said ordinance, or part thereof, had remained in full force. Chaps. 1—‘2. f)3 Accounts—Additions. CHAPTER I. Accounts. AN ORDINANCE in Relation to Accounts. I. Accounts and Claims, Pre- I. Certified by Officers, when, sented how. I. Salaries Pxcepted. I. To be Sivorn to, when. Section 1 . (June 20,1860) — § 1 . Be it ordained by the City Council of the City of Champaign, That no account or claim against the City of Champaign, except for the salaries of city officers, or for the pay¬ ment of a special contract male by the City Council, or by some officer of the city, authorized by the City Council, or by ordinance to make the same, or for the payment of fee bills of officers of courts, -shall be considered audited or allowed, or any warrant issued for the payment thereof, unless the person presenting the same, or some other credible person for him, shall make oath before the Mayor or City Clerk, upon the presentation or filing of such claim or account, '■‘that it is true, just, correct and reasonable.” And no claim or account against the city, upon any contract made or incurred by any officer, by authority of the City Council, or of any ordinance, shall be considered audited or allowed, or any warrant issued for the pay¬ ment thereof, unless accompanied with the certificate of the officer by whom or under whose authority the same was incurred or contracted, stating that he has examined such account or claim, and verily believes that it is true, just, correct and reasonable, and in accordance with the contract. . CHAPTER II. Additions. AN ORDINANCE in Relation to Additions. I. Additions, hoiv Made. T. Platting of Lots and Blocks. I. Must Conform to Original Town. II. Penalty for Violation of. III. Plat, City Council Must Approve of. Section 1. (June 20, 1860)—§ 1. Be it ordained by the City Council of the City of Champaign, That any addition which may be made to the city, or any lands adjoining or within the same, which may be laid C'hap Com bustible Material, out into lots or blocks, shall be so laid out, surveyed and platted, as that the blocks or other subdivisions shall conform to the regular blocks of the original town, or with the regular blocks of the additions composing the original town, or adjoining such lands or additions proposed to be laid out, and that the streets and alleys shall corres¬ pond with and conform to the previously established streets and alleys with which they may connect, and continue the same.* Ibid. Sec. 2, Any surveyor or other person who shall survey or plat any addition to the city, or any lands adjoining or within the same, into blocks or other subdivisions, with the streets, alleys or blocks laid out contrary to the preceding section, or any owner of any such lands or addition, or agent of such owner, causing the same to be done, shall be subject to a penalty of not less than one hundred dollars, and such owner or his agent shall be subject to an additional penalty of not less than fifty dollars for each lot sold by him, Ibid. Sec. 3. When any person may wish to lay out or plat any addition of lands adjoining or within the city, in any other manner than is herein prescribed, he may apply to the City Council, desig¬ nating the manner in which he proposes to lay out and plat such addition or lands, and upon the approval thereof by the City Council, such lands or addition may be laid out and platted, and shall not be deemed a violation hereof. CHAPTER III, Combustible Material. AN ORDINANCE to Regulate the Storing, Moving and Sale of Combustibles. I, & III, To be Kept in One Place , Quantities of. I. & II. Combustible Fluids , Sto¬ ring of. Section 1 . (Feb. 24,1868)—§ 1. Be it ordained by the City Council of the City of Champaign , That no person or persons shall keep on hand, in or about any premises used or occupied by him, her or them, in any one place of business or otherwise, for sale or for any other purpose, any coal oil, kerosene, naphtha, burning fluid, camphene, or other combustible fluids, in quantities greater than four (4) barrels, within the limits of the City of Champaign, unless such premises shall be located at least one hundred feet distant from any other building or combustible substance. And for each and every violation of this section of this ordinance, the person or persons guilty shall be liable to a penalty of not less than ten (10) dollars. (‘Barter, 3, Art, I, ami $N*< 12 of Amendments thereto. II. Moving of, to be in the Bay Time. I, II & III, Penalty for Violation nf ^ Chap. 4. M1SI) EM KANORS. ().') Ibid. Sec. 2. When any person or persons shall desire to keep on hand, within the limits of the City of Champaign, any coal oil, kerosene, naphtha, burning fluid, camphene, or other combustible fluids, in quantities greater than four barrels, the same shall be stored in some building standing at least one hundred feet distant from any other building or any combustible material or substance; and when necessary to move from said places of storage to places of business, or elsewhere, for sale or otherwise, it shall be done in the day time, or by daylight, and in no case shall such fluids above named, or fluids of like character, be removed from said place of storage in the night time, or by the light of lamps, lanterns, or other artificial lights. And any violation of this section shall subject the offender to a penalty of not less than ten dollars. Gunpowder. Section 1. (Aug. 15, 1866) — § 3. No person or persons shall keep on hand, in or about any premises used or occupied by him, her or them, in any one place of business, for sale or for any other purpose, a greater quantity of gunpowder than twenty-five (25) pounds, within the limits of the City of Ch.ampaign. And for each and every viola¬ tion of this ordinance, the person or persons guilty of such violation shall be deemed guilty of a misdemeanor, and be liable to a. penalty of not less than ten dollars.* CHAPTER IV. AN ORDINANCE to amend an Ordinance entitled “ An Ordinance Concerning Misdemeanors.” I. Dog Fighting Prohibited. I. Penalty for Encouraging. II. Fiei *ce Dog not to Run at Large. II. Penalty for Permitting. III. Bitch not to Run at Large , when. IV. All Dogs Prohibited from Running at Large , when. IV. Penalty for Permitting. V. Interfering with Officer , Pen¬ alty for. VI. Pay of Officer in Carrying out Provisions hereof. Section 1. (Aug. 12, 1871.) — § 1. Be it ordained by the City Council of the City of Champaign, That when any person shall be present at any dog fight, when the animals meet accidentally, and shall, by any gesture or word of encouragement, urge the dogs to fight; or, if any person or persons shall, by agreement, set their dogs *See 7, ? 2, Art. X., of Charter. 9 (’hap. 4. Misdemeanors. f)f> to fighting, within the limits of said city; or encourage them after they have commenced fighting, he or they shall be deemed guilty of a misdemeanor, and upon conviction thereof shall forfeit and pay a sum not less than three nor more than fifty dollars, for each and every offense; and it is hereby made the duty of the City Marshal to suppress all such dog fights, and arrest and take before the Police Magistrate all persons engaged in urging the said dogs to fight, or encouraging them to fight, within the meaning and provisions of this section. Ibid. Sec. 2. 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 city, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined not less than three dollars for the first offense, and not less than ten dollars for the second offense, and, in addition, the fees allowed the Marshal or Police Constable for killing and removing said dog or bitch; and, upon the second conviction, such dog or bitch shall be killed and removed from the city, by or under the direction of the City Marshal or Police Constable. Ibid. Sec. 3. If any bitch be found running at large within the limits of the city, during the period of her heat, said bitch, unless immediately taken care of by her owner, shall be killed and removed from the city, by or under the direction of the City Marshal or Police Constable, and the owner thereof shall forfeit and pay, for the use of the city, a sum not less than three dollars, nor more than ten dollars, and the fees of such officer for killing and removing such bitch. Ibid. Sec. 4. Whenever the Mayor, or acting Mayor, of the City of Champaign, shall be of the opinion that any danger of hydrophobia exists in said city, he shall issue his proclamation requiring all persons within the city to confine their dogs, if any they have, in some safe place, for such time as he shall designate; and all dogs found running at large, in said city, during the time designated, shall be killed and removed from the city, by or under the direction of the City Marshal or Police Constable, and the owners thereof shall be liable for the fees allowed for killing and removing, and a further penalty of not less than five or more than twenty dollars: Provided , the provisions of this section shall not apply to dogs of non-residents coming to the city with their owners, until after such owner or owners shall have been notified of such proclamation. Ibid. Sec. 5. If any person or persons shall in any w'ay prevent, or attempt to prevent, the City Marshal or Police Constable, or any person acting under the direction or orders of either the City Marshal or Police Constable, from killing any dog or dogs, bitch or bitches, as herein provided for, he, she or they shall forfeit and pay to the said city of Champaign a sum not less than five dollars, nor more than twenty-five dollars, for each and every offense. Ibid. Sec. 6 . The City Marshal, or Police Constable, shall be entitled to the sum of one dollar for each dog or bitch killed or Chap. .>. GT Election's', removed from the limits of the city, in accordance with the provisions' of this ordinance, to be paid out of the city treasury, when the same cannot be collected from the owner of such dog or bitch, so killed and removed,* CHAPTER V. Elections. AN ORDINANCE in Relation I. City Elections, Time of. I. Notice of how Given. I. Special Election, how Con¬ ducted. II. Judges of\ how and when Appointed. X. Duties of. II. Alte? mate Judges. III. Vacancies in, how Filled. III. Not to be of Same Political Party. IY. Qualifications of. IY. Clerks of, Qualifications. IX. Clerks, Duties of. Y. Oath, Form of. YI. Vacancy by Sickness, how Proceed. YII. Opening and Closing Polls. YIII. The Ballot Box, Examined how. IX. Ward Poll Lists, No. of. IX. “ u “ Form of. IX. Voters Sworn and Rejected how Kept . X. Voting, Mode of. X. Ballot, Description of. XI. Electors, Qualification of. XII. u ’ Challenge of. XII. “ Oath of when Chal¬ lenged. XIII. Poll Lists to be Compared how. XIII. Closing Polls , how Proceed. XIY. Canvassing Votes, Manner of. *See 30, 2, Art. V., of Charter. XY. XY. XYI. XYI. XYII. XYIII. XIX. XX. XXI. XXII. XXIII. XXIY. XXY. XXYI. XXYII. XXYIII. XXIX. XXX. to Elections. Election Returns, how Made. Election Returns, Form °f- . E lection Returns Com¬ pleted, how Proceed. Breaking Seals of, Pen¬ alty of. City Council to Canvass, how. Ln Case of a Tie, how Proceed. Persons Elected, Noti¬ fied how. Marshal, Duty of at Elections. Illegal Voting, Penalty of- Abetting Illegal Voting, Penalty of. Refusing Legal Votes, Penalty of. Receiving Illegal Votes, Penalty of. Carrying aivay Ballot Box or Poll List, Pen¬ alty of. Elections Void, when. Contested E lections, how Proceed. Ditto of May or,hoiv Pro¬ ceed. Ditto of Witnesses , how Summoned. Compensation of Judges. r €hap. o. 68 Elections. Secton 1. (June 28, 1860.) — § 1. Be it ordained by the City Council of the City of Champaign , That a general election, for all elective city officers, shall be held in each ward of the city, on the first Monday of April, in each year, at such place as may be desig¬ nated by the City Council. The City Clerk shall give at least three days’ notice, by posting up written or printed notices thereof, in at least three of the most public places of the ward, or by publishing, for three days at least, an advertisement in the newspaper publishing the ordinances of the city, stating the time and place of holding the election and the officers to be elected. Special elections shall be held and conducted, and notices thereof given, in the same manner as gen¬ eral elections. Ibid. Sec. 2. The City Council shall annually, at least eight days before the charter election, appoint by ballot, in each ward, three legal voters thereof, to act as judges of election for the year for which they are appointed, or during the pleasure of the City Council. The City Clerk shall, without delay, after such appointment, make out and deliver to the City Marshal a certificate of appointment to each of the persons appointed judges, under the corporate seal (if any), and the Marshal shall deliver such certificate to each person appointed. The City Council may, at the time of appointing the judges of elec¬ tion, appoint, from the legal voters of the ward, an alternate in the place of each of the persons appointed as judges, and such alternates shall serve as judges in case of neglect or refusal of any of the persons appointed as judges to act; and they shall be notified of their appointment as alternates in like manner as the judges. Ibid. Sec. 3. If any judge of elections shall refuse to act, or shall not attend at the time fixed for the opening of the polls, the vacancy shall be filled by the alternate, or if no alternate shall attend, by a legal voter of the ward, to be chosen by the majority of judges or alternates in attendance. If no majority of the judges or alter¬ nates shall attend, a majority of the legal voters of the ward in attendance may choose the requisite number of judges, in like manner. But all the judges shall not, in any case, be chosen from the same political party, unless the persons who may be first so chosen or appointed shall neglect or refuse to serve. Ibid. Sec. 4. The judges shall choose two legal voters of" the ward to act as clerks of elections, who shall be clerks of elections during the pleasure of the judges.* But no person holding any office under the United States, the State, or the city, or candidate for any State or city office, shall be judge or clerk of any city election. Ibid. Sec. 5. The judges and clerks shall respectively and severally, before opening the polls or receiving any votes, take and subscribe an oath or affirmation, which shall be affixed to the poll list, and may be in the following form, to wit: ^See People vs. Dickson, 17 Ill., 191. Chap. Elections. 09 “ We do solemnly swear (or aMrm) that we will perform, the duties of judges and clerks of this election according to laic and the best of our abilities , and that ice will studiously endeavor to prevent fraud , deceit and abuse in conducting this election, A. B.,1 (Signed) C. D., \ Judges. E. F., j. k!’ } GUrk *- “ Sworn to and subscribed before me , at Champaign , this - of -, A. I). 186—s L. M., City Clerk or J. P. day If no officer authorized to administer oaths shall be present at the opening of the polls, any judge may administer the oath to the other judges and to the clerks, and one of the judges so sworn may admin¬ ister the oath to him. The oath, when so administered, shall be certified by the judges administering the same. No returns shall be invalid or rejected for any defect in the manner of administering or certifying the oath. Ibid. Sec. 6. If any judge or clerk shall, after entering upon his duties, by sickness or other disability, be unable to continue to act, another may be appointed in his place by the judges. In such case, the person substituted shall take and subscribe the oa,th as here¬ inbefore required, and the substitution and the time thereof shall be noted on the poll lists. Ibid. Sec. 7. At all elections the polls shall be opened at eight o'clock a. m., or as soon thereafter as the judges and clerks shall be qualified, and shall be kept open until six o’clock p. m. When opened, proclamation shall be made, “that the polls are now open.” Ibid Sec. 18. A ballot box, with a lock and key, and an aper¬ ture in the top thereof not larger than will admit a single folded ballot, shall be provided for the use of the judges of each [ward] by the City Clerk. Before receiving any vote, the box shall be publicly opened and examined by the judges, to see that there is no ballot therein, and shall then be publicly closed and locked, and the key taken by one of the judges. .Ibid. Sec. 9. The City Clerk shall provide two poll lists for each ward, 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 - ivard of the City of Champaign , at the charter (or special ) election held at -, in said ward, on -, the — day of -, A. I). 186—, as follows , to wit: No. Names of Voters. A r o. Names of Voters. 1 A. B., 24 W. X., 2 C. D., 25 Y. Z., (‘if a i*. o.- 70 "Election's, The clerks of the election shall keep the poll lists, and shall write down the names and numbers of voters, in the order in which they vote, marking the letter “ S ” opposite to the names of all persons who may be challenged and sworn. They shall also keep, in a sepa¬ rate list, the names of all persons whose votes are rejected; and the ballots offered by such persons shall be kept by the judges, with the name of the person indorsed thereon. Ibid. Sec. 10. The mode of voting shall be by ballot. The ballot shall consist of a single piece of white paper, on which shall be printed or written, or partly both, the name of each person voted for, with the name of the offices to which the voter wishes him elected, and without any marks or figures on the back thereof intended to designate one ballot from another.* The ballot shall be folded by the voter, and if received, placed in the ballot box by the judges; but any person may vote an open ballot if he chooses. The judges shall not open or examine any ballot offered, except so far as to ascertain if it is single or not; and if any ballot shall be discovered to be double,, it shall be rejected, and the person offering the same shall not vote at the election. Nor shall the judges mark any ballot, except when the vote of the person offering it is rejected. Ibid. Sec. 11. Every male citizen of the E T nited States, of the age of twenty-one years, who is an inhabitant of the city, and is entitled to vote for State officers, and who has actually resided in the ward in which he proposes to vote for tenf days next preceding the election, shall be entitled to vote in said ward. All persons shall be deemed.resident of the ward in wdiicli they are accustomed to lodge. Ibid. Sec. 12. The judges, or any legal voter of the ward, shall have the right to challenge any vote. When any person offering to vote shall be challenged, and shall not be able to prove by competent evidence that he is legally entitled to vote, to the satisfaction of the judges and the person challenging, the judges shall cause to be administered to him the following oath : 'l u I swear (or affirm) that I am of the age of twenty-one years , that 1 am a citizen of the United States (or was a resident of this State at the time of the adoption of the Constitution ) — [April first , 1848] — and have been a resident of this State one year, and a resi¬ dent of this city ten days immediately preceding this election , and am now , and have been for the ten days last past , a resident of this ivard, and have not voted at this election .” If any person challenged shall refuse to take the oath, his vote shall be rejected. If he shall take the oath his vote shall be received. § Sec. 14. (June 23, 1860) — § 13. The clerks shall, from time to time, and at the closing of the polls, examine and compare their poll lists, and correct all errors therein, under the direction of the judges,. * See 72 and 74 of Election Law, page 45 ante. t See Peoplo vs. Killduff, 15 Til., 500. X See $ 74 of Election Laws, page 45 ante. ? See Spragins vs. Houghton, 2 Scana., 40<, ("H a r*. 71 Elkctiokss-. until they shall correspond. When the polls are finally closed, the judges and clerks shall proceed to canvass the ballots, and shall first count all the ballots unopened, except so far as to ascertain whether a ballot be single or not; if two or more ballots shall be found folded together, they shall be rejected. If, after counting the ballots, and rejecting such as are double, the number of ballots received shall exceed the number of votes polled, the judges shall replace the ballots in the box, and, after shaking them up, draw’ out by lot and destroy the number of the excess. Sec. 15. (June 23, 1860) — § 14. In canvassing the ballots, the clerk shall mark dow r n the votes each candidate receives, and the office which he is voted for in the ballot, as the ballots are read by the judges. If any ballot shall contain a greater number of names of persons voted for, for any office, than there are persons to be elected to that office, it shall be void so far as that office is concerned.. No ballot shall be rejected, if the judges can determine to their satisfaction the person intended to be voted for, and the office which the voter intended he should fill. If two or more ballots shall be found folded together, they shall all be rejected; or if any ballot shall have any mark or figure on the outside thereof, intended to distinguish one ballot from another, it shall be rejected. The ballots shall, wdien the count is finished, be placed in the ballot box, and sealed up and returned to the City Clerk with the returns. The list of rejected votes, and the rejected ballots, shall also be sealed up in a separate envelope and placed in the ballot box w T ith the ballots. Sec. 16. (June 23, 1860) — §15. The clerks shall each make out returns of the election, by writing in full the name of each person voted for, the number of votes received by him, and the office for which he was voted for. The returns may be in the following form: u At an election held at -, in the - - ward of the City of Champaign, on - the — day of -, 186—, the following named persons received the number of votes set opposite to their respective names, for the following described offices, t. Fire Department, 7‘) Precautionary IIemulations. Ibid. Sec. 16. All stove pipes shall be securely put up, so as not to be in danger of falling, and shall be separated, at least three inches, from any wood or other combustible materials, by a double circle of tin, zinc or sheet-iron, connected with like metal, with air holes through the connecting metal between the pipe and the wood. All stoves, put up or used without secure aprons or hearths, shall be placed upon a platform of brick, zinc, or other incombustible material, extending far enough around the same to prevent the fire from falling upon the floor, and if set within eighteen inches of the wood work of any wall, the same shall be protected with zinc or other incombustible covering, so as effectually to prevent taking fire from the stove. All chimneys or hues shall be built of brick or stone, well laid in mortar, and shall be constantly kept in good condition, so as to be safe and secure against fire. Whoever shall put up, erect or build any stove, stove pipe, chimney or flue, contrary to the requirements of this sec¬ tion, shall be subject to a penalty of not less than three dollars, and who¬ ever shall use any such stove, stove pipe, chimney or flue, so put up or erected contrary to the requirements of this section, shall be subject to a penalty of not less than three dollars, and one dollar in addition thereto for each day the same may be so used, after notice, either verbally or in writing, by the Mayor, or any Alderman, or the City Marshal, or any Police Constable of said city, that such stove, stove pipe, chimney or flue, is put up, built or erected contrary to the pro¬ visions of the ordinances of said city.* Ibid. Sec. IT. No person shall carry or use any lighted candle or lamp, or any fire in any part of any building or stable, where any hay, straw, or other like combustible materials are kept, without securing the same in a lantern or some secure casing, so as not to endanger the taking fire thereby, under a penalty of not less than three dollars. Ibid Sec. 18. All mechanics or other persons, using or occupy¬ ing shops, buildings, or places where shavings or other like combustible materials are made or accumulated, shall clear out and remove such combustible materials from the buildings, shops, places, and the prem¬ ises adjacent or attached thereto, as often as may be necessary to prevent the dangerous accumulation thereof. The stove or stoves used in any such shop or building shall be set in a box or frame, extending at least six inches above the floor, and at least eight inches around and outside of the stove, and filled or lined with fire-proof material; all lighted candles or lamps, used in any such shops or buildings, shall be set in a candlestick or stand'not liable to take fire, and all such lights shall be kept at a secure distance from any combus¬ tible material. No person shall leave any such light or fire burning in any such buildings in such manner or for such length of time that the same may be in danger of communicating the fire to any part of such shop or building, or such shavings or other like combustible Charter, §§ 1 arid 2 , Art. X. Chap. f> 80 Fire Department. material. Whoever shall violate any of the provisions of this section shall be subject to a penalty of not less than three dollars. I bid. Sec. 19. No person shall carry, from one place to another 7 any fire, or live or burning coals, without securing the same in such a manner as to prevent the coals or sparks from falling therefrom, and so as not to endanger any building or property thereby, under a pen¬ alty of not less than three dollars. Ibid. Sec. 20. No person shall keep or depost any ashes in any building, or in any place within twenty feet of any building, shed or fence, or other combustible material, unless wflthin a secure and covered metallic or earthenware, or other fire-proof vessel, or in a fire-proof ash-house, under a penalty of not less than three dollars; and all soap boilers, or other persons using ashes in manufacture in any wooden vessel or structure, shall keep them w T ell dampened or saturated with water, under a penalty of not less than three dollars.* Ibid. Sec. 21. No person shall set fire to or burn any shavings, straw or other material, in any open or public place in the city, except in the dav time, nor then unless the condition of the wind and weather be such that such fire will not be likely to endanger or damage any building, or other property, nor within thirty feet of any building, under a penalty of not less than three dollars: Provided , that bon¬ fires may be built, in the night time, at any safe and proper place within the city, by consent of the Mayor, any Alderman, or the City Marshal, Ibid. Sec. 22. No person shall boil any pitch, rosin, tar, or other inflammable liquid or substance, ecxept within a building so secured as not to be endangered if such pitch, rosin, tar, or other com¬ bustible material, shall take fire, or in any open place, at least twenty feet distant from any building or property likely to be endangered or damaged thereby, under a penalty of not less than three dollars. Ibid. Sec. 23. No person shall make, kindle or use any fire in any building, out-building, shed, or other structure, except within a secure fire-place, stone furnace or other fire-proof structure, made for that purpose; nor shall any person make, kindle or use any fire out of doors, within twenty feet of any building or other property likely to be endangered thereby, unless within a proper stone furnace or other secure structure, nor leave any such fire burning. Each person violating the provisions of this section shall be subject to a penalty of not less than three dollars. Ibid. Sec. 24. No person shall set fire to or burn out any chim¬ ney, flue or stove pipe, except in the day time, nor then when the wind or weather may be such as to endanger other buildings or property, and the person or persons occup}dng any building shall prevent and remove all dangerous accumulations of soot, under a penalty of not less than three dollars. Ibid. Sec. 25. No person shall trail, strew or leave any shavings T or other like combustible materials, in, around or near any building or * Sca Charter, \\ 3, £ 2, Art.. X. Chap. 7. 81 Pirk Limits property, so as to endanger, or be likely to endanger or damage the same thereby, under a penalty of not less than three dollars. I bid. Sec. 26. The Mayor, the Aldermen, the City Marshal and Police Constables, shall be, ex officio , Fire Wardens, and they and the Chief Engineers and Assistant Engineers of the Fire Department shall have power and authority to enter all buildings and premises, to examine whether they are in a safe condition; and shall enforce, or cause to be enforced, all the provisions hereof, and shall prosecute, or cause to be prosecuted, all violations of the provisions hereof; the Chief Engineer, or one of the Assistant Engineers of the Fire Depart¬ ment, shall, whenever requested by the City Council or the Mayor, carefully examine any and all buildings within the city, and shall notify the owner or owners, occupant or occupants, thereof, to cause any chimney, flue, stove, stove pipe, furnace, ash-house, or other place in which fire may be used or kept, which may be deemed unsafe or dangerous, or any other cause from which immediate danger of fire may be apprehended, or which may be deemed unsafe or dangerous in promoting fires, to be without delay removed, abated or placed in a safe condition, and upon the neglect or refusal of any owner or occu¬ pant to comply with such notice, he shall be subject to a penalty of not less than three dollars, and the officer shall, without delay, cause such building or premises to be placed or put in a safe condition, and the necessary costs of so doing shall be collected of such owner 7 or occu¬ pant, and recovered by suit, in the name of the city, before any court having jurisdiction. CHAPTER VII. Fire Limits. AN ORDINANCE Establishing Fire Limits. t. Fire Limits , Boundaries De¬ fined. II. Frame Buildings Prohibited I therein. III. Roofing therein , of what Made. IV. Wooden Buildings therein , Enlargement of and Re¬ moval within Prohibited. V. VI. VII. Violation of Provisions here - of Penalty for and Pro¬ ceedings in. Wooden Building within , a a Nuisance when , and Abatement of how. Repealing Clause, SecTOx 1. (July 12, 1871.)-—§ 1. Be it ordained by the City Council of the City of Champaign , That all that part of the City of Champaign included within the following boundaries: Commencing at the center of Hill street, at a point two hundred (200) feet west of 11 Chap. 7. 82 Fire Limits. the west side of Neil street; thence south, on a line parallel with Neil street, to the center of University avenue; thence east, along the center of University avenue, to the main track of the Illinois Central Railroad Company; thence northerly, along said track, to a point two hundred (200) feet north of a line with the north side of Main street; thence west, on a line parallel with said Main street, to the center of Neil Street; thence north, along the center of said Neil street, to the center of Hill street; thence west, along the center of said Hill street, to the place of beginning. Ibid . Sec. 2. That hereafter no person or persons, or association of persons, or body corporate of any description whatsoever, shall build or erect, or cause to be built or erected, within the fire limits of the City of Champaign, as defined in section one of this ordinance, any wooden or frame store, shop, dwelling house, office, livery stable, or any other wooden or frame building, of what kind soever, to be used for the carrying on of any business, trade, profession or occupa¬ tion, within said fire limits. Ibid . Sec. 3. That the roofing of all buildings, hereafter to be erected within said fire limits, shall be made of incombustible material; and the use of shingles, boards, and of tarry or resinous material, for roofing such buildings, within said fire limits, is hereby absolutely prohibited. Ibid. Sec. 4. No wooden building, or part thereof, within said fire limits, shall be enlarged or removed to any other place within said limits; nor shall any such building be removed from without into said fire limits. Ibid . Sec. 5. That any person or persons, association of persons or corporation, who shall build or attempt to build, or cause or procure to be built, or aid or assist in building any such prohibited building, house or structure, within said fire limits, or who shall remove or enlarge, or cause to be removed or enlarged, or assist in removing or enlarging, any such prohibited building, in violation of this ordinance, shall be deemed guilty of a misdemeanor, and shall forfeit and pay to said city not less than twenty dollars, for each and every offense, and the owner or owners of such building shall be deemed guilty of a mis¬ demeanor, and shall forfeit and pay a like sum for every forty-eight hours that he, she or they shall fail to remove the same from within said fire limits, after being notified by the Mayor or City Marshal so to do: Provided , that anj^ such building in part destroyed by fire, if the damage thereby does not exceed fifty per cent, of the value thereof, may be repaired, said damages to be estimated and certified to under oath, and filed with the City Clerk, by three disinterested freeholders, residents of the city—one to be selected by the owner of such building, one by the City Council of said city, and the two selected to select a third. Ibid. Sec. 6 . Any wooden building or structure which may be erected, enlarged or removed, in violation of this ordinance, shall be deemed, and is hereby declared to be a nuisance, and it shall be th Chap. X. Gaming. duty of the Mayor, after giving ten days notice to the owner or builder thereof, to abate the same, and, by an order in writing, to require the City Marshal to remove the same to some suitable place, or to raze such building to the ground. The expense of the removal of such building shall be reported by the City Marshal for assessment, and may be collected off of the owner of such building or structure, before the Police Magistrate of said city, or other competent court, in the corpo¬ rate name of the city. I bid. Sec. 7. All other ordinances, or parts thereof, estab¬ lishing or concerning fire limits, now in force in said city, are hereby repealed.* CHAPTER VIII. Gaming- and Counterfeiting Implements. AN ORDINANCE in Relation to Gaming and Counterfeiting Imple¬ ments. I. & II. Gaming Implements Seized II. Marshal , Duty of. and Destroyed , how. II. Police Magistrate , Duty of. Section 1. (April 2, 1862.) — § 1. Be it ordained by the City Council of the City of Champaign , That the Mayor, or any Police Magistrate, the Marshal, or any Police Constable or other police officer, shall seize or cause to be seized and brought before any Police Magis¬ trate, any gaming table, implement, instrument or device, set up or used for the purpose of gaming therewith, or any implements, instru¬ ments or devices, used for the purpose of gaming, or for counterfeiting, lock picking, pocket picking, or for the commission of burglary, or any Mexican puzzle, or other implement or device used by cheats, vagrants and swindlers, and in the possession of any person without his being able to give a good account of the possession thereof; and all such instruments, implements or devices shall be destroyed by the order or warrant of any Police Magistrate, upon his being satisfied that they are used, or to be used, or likely to be used, for any unlawful pur¬ pose. Ibid. Sec. 2. Any Police Magistrate, upon satisfactory inform¬ ation that any gaming table, implement, instrument or device, is set up or used for the purpose of gaming therewith, and concealed in any premises, or that any implements, instruments or devices, named in the preeding section, are concealed therein, shall issue to the Marshal, • or other police officer, a warrant for searchng such premises, and seizing and bringing before, or reporting to him, any such implements, instruments or devices as may be found therein; and the officer, in the execution of such warrant, may enter such suspected premises, peaceably, or, after demand made and refusal to admit him, shall * 8p> Chart*!-; 1. Art. X. Chap. 9. 84 Horses, etc. seize all such unlawful tables, implements, instruments or devices, and the same shall be destroyed, by order or warrant of any Police Magis¬ trate, as is required in the preceding section; and whoever shall hinder, delay, resist or obstruct any officer, in the execution of any duty herein required, or shall aid or abet the same, shall be subject to a penalty of not less than ten dollars.* CHAPTER IX. Horses and Other Animals. AN ORDINANCE in Relation to Plorses and Other Animals. I. Not to Run at Large , where. II. Round , how Provided. III. Animals Sold , ivhen and how. IV. Marshal , Fees of. V. “ Duty of. V. Animals Sold , Money Paid to Owners. VI. Animals, Sale of, who may Bid. VII. Marshal may Employ As¬ sistants. VIII. IX. X. XI. XII. XIII. XIV. Breaking Open Pound,Pen¬ alty of. Driving away Animals, Penalty of. Dangerous Animal at Large , Penalty of. Neglect of Marshal, Pen¬ alty of . Amends Secs. 1^2, above. Cows 7iot to Run at Large. Fees, how Collected on An¬ imals Named in Sec. IS. Section 1. (Sept. 22, 1860) — § 1. Be it ordained by the City Council of the City of Champaign, That no horse, mule, ass, sheep, goat, swine or goose, or any such animals, shall run at large in the inhabited partf of the city at any time, and the owner or keeper of any such animals, knowingly suffering or permitting them to run at large, shall be subject to a penalty of not less than three dollars. Ibid. Sec. 2. The City Marshal and Police Constables shall take up all such animals found running at large in the inhabited partsj of the city, and confine them to some secure pen, pound, or other place, to be provided for that purpose by the Marshal; and the officer taking up or impounding any animals, shall provide, at his own cost, suitable and necessary sustenance for them, and the reasonable cost of providing such sustenance shall be paid to the officer before the animal shall be released by him. Ibid. Sec. 3. Any animal taken up and impounded under the provisions hereof, may be sold at public sale, by the City Marshal, at any time after the expiration of three days from the time of being taken up. The City Marshal shall personally attend to the selling of all animals, and shall give three days’ previous notice of the time and * Sea Charter, 15, g 4, Art. V. | S*e # 12, post. f See $ 12, post. Chat. 9. 85 Houses, etc. place of any such sale, by causing written or printed, or partly written and partly printed, advertisements to be posted up at the front of the office of the Police Magistrate, at the post office, and at some other public place in said city, describing such animals by their color and marks, or brands, if any, and if he shall not give such notice as is herein required, he shall be subject to a penalty of not less than five dollars. Ibid. Sec. 4. The Marshal and Police Constable, or Constables, may charge and receive for their fees for taking up and impounding each horse, mule or ass, fifty cents; for each swfine (other than sucking pigs), goat or sheep, twenty-five cents; and for each sucking pig or goose, five cents; and for selling each horse, mule or ass, fifty cents, for each swine (other than sucking pigs), goat or sheep., twenty-five cents, and for each sucking pig or goose, five cents; and for providing suitable sustenance for each horse, mule or ass, not exceeding forty cents ; for each head of sheep, goats or swine (except sucking pigs), not exceeding fifteen cents; and for each goose, not exceeding five cents, for each twenty-four hours the same may be kept; but if any person shall apply and pay the officers’ fees, at any time before sale of such animals, they shall be released bj" the officer. Ibid. Sec. 5. An accurate account shall be kept by the Marshal of all animals sold by him, and all moneys received by him for the sale of such animals, after deducting therefrom and paying the fees and costs of impounding, sale and sustenance, and twenty-five cents for each animal sold (except geese and sucking pigs), as the pound fee of the officer entitled thereto, shall, without delay, be paid as a special deposit into the city treasury, and the Treasurer shall receipt for the same and keep a separate account therefor. If the owner of any animal, having been sold, shall apply to the Marsha,! and prove the ownership theteof to his satisfaction, before payment into the city treasury, he shall pay the balance due from the sale of such animal to such applicant, taking his receipt therefor; but if the owner of any animal sold shall apply to the Marshal, after the payment into the treasury, and prove the ownership thereof, to his satisfaction, then he shall certify the facts to the City Clerk, with the amount deposited in the city treasury, on account of such animal, and the Clerk may draw his warrant on the Treasurer, in favor of such claimant, for such amount as may be certified * by the Marshal, payable out of such special deposit or fund, and he shall file and preserve the certificate of the Marshal.* Ibid . Sec. 6 . If at any sale of animals, under the provisions hereof, no person shall bid the whole amount of costs for taking up, keeping and selling such animals, the Marshal or any Police Constable may, for himself, bid thereon the amount of the costs and charges, and, no person bidding more, they may be struck off to him as in other cases. Ibid. Sec. T. The City Marshal and Police Constable, or • See Charter. r 30, 4. Art. V. Chap. fC Horses, Etc.. 8(> Constables, in the execution of the powers and duties herein conferred and required, may, at their own cost and responsibility, employ all necessary assistants, and whoever shall hinder, delay, resist or obstruct any such officer, or his assistants, in the discharge of any of the duties herein required, or shall aid or abet the same, shall be subject to a penalty of not less than five dollars in each case. Ibid. Sec. 8, Whoever shall break open any pound, pen, or other inclosure, in which animals may be confined or kept, under the requirements hereof, or shall directly or indirectly aid or abet the same, or the escape of any such animals, shall be subject to a penalty of not less than five dollars. 1 bid. Sec. 9. Whoever shall willfully drive or entice any animal from beyond the inhabited parts* of the city into the same, or shall aid or abet the same, or let any animal out of any inclosure in which it may be 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 dollars in each case. I bid. Sec. 10 . Whoever shall knowingly suffer or permit any dangerous, unruly or mischievous animal, owned or kept by him, to go at large in the city, to the danger, annoyance or damage of any person within the city, shall be subject to a penalty of not less than five dollars for the first offense, and not less than ten dollars for each subsequent offense. Ibid. Sec. 11. If the City Marshal, or any Police Constable*, shall neglect or refuse to take up and impound any animal, known by him to be running at large, contrary to the ordinances of the city, he shall, in each case, be subject to a penalty of not less than five dollars for such neglect of duty. Sec. 1. (June 29, 1861)-—§ 12. That section first of “an ordi¬ nance in relation to horses and other animals,” be so amended, by striking out, in the third line of second section, the words “inhabited part,” and to insert in place thereof the words “incorporate limits.” Also, that section second of the ordinance aforesaid be so amended, by striking out, in the third line of said section, the words “inhabited parts,” and in place thereof to insert the words “incorporate limits.” Also, that section nine of the ordinance aforesaid be so amended, by striking out, in the second and third lines of said section, the words “inhabited parts,” and in place thereof to insert the words “incorporate limits.” Sec. 1. (May 22, 1869)-—§ 13. That hereafter it shall not be lawful for any one residing within the limits of said city, and owning or having, in his or her possession, any cows, calves, heifers, or other horned cattle, to allow or permit said cattle to run at large, in or upon the streets, alleys or other public grounds belonging to said city, before six o'clock, a. m., and after eight o’clock, p. m. Sec. 2. (June 14, 1869) — § 14. The fees to be charged and collected by the Marshal, or the Police Constable, shall be the same as charged for impounding hogs, and all such fees so collected shall go into the treasury of said city. * I 12. t mt. Chap. 10. 87 Licenses. CHAPTER X. Licenses. L & II. III. IV. Y. VI. VII. VIII. IX. X. XI. XII. XIII. XIV. XV. XVI. XVII. XVIII. XIX. AN ORDINANCE in Relation to Licenses. Licenses, Application for. “ Time granted for. “ Revocation of, when . u not Transferable. “ to be Registered. u Form of. Marshal to Prosecute Par¬ ties Acting without. Auctioneer, License of. ‘ £ Tax for License of. Auctioneer to give Bond. Billiards and Ball A lleys, License of. Same, Tax for License of. “ Minors not Permit¬ ted at. Exhibitions , etc, License Lectures, Fairs for the City, no License for. Exhibitions,, etc., Tax for License of. Exhibitions, (Tood Order at. Riotous Conduct at, Pen¬ alty of. i y *s i XX. Peddlers, License of. XXI. u Who are. XXII. u Tax for License of XXIII, Peddlers not to enter Private Dwelling. XXIY. Wagons and Drays , Li¬ cense of. XXY. Same, Tax for License of. XXYI. Same, of Private Per¬ sons Exempt XXVII. Same, no License of to Minors, etc. XXVII. Same, shall give Bond. XXVIII. Same, shall be Num¬ bered. XXIX. Same, Charges Fixed. XXX. Same, Riotous Conduct, Penalty of. XXXI. Same, shall not Refuse to Carry. XXXII f XXXIII. Same, Stands of. XXXIV. Same, to .Keep Copies of Sec. 28 hereof. Division I. — Licenses in General. Section 1. (June 28, 1860) — § 1. Be it ordained by the City Council of the City of Champaign, That the Mayor, or Mayor pro tern., shall receive applications for licenses, and grantthe same in all cases where it is not otherwise expressly provided, upon the terms and conditions specified by ordinance; but if he shall not feel author¬ ised to grant any application for a license for any purpose, he may report such application to the next meeting of the City Council, for their action thereon. Chap, 10. 88 Licensed, Ibid. Sec. 2. Any person desiring a license, under the ordinances of the city, for any purpose, shall make a written application to the Mayor therefor, stating the purpose 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, be shall also name his proposed sureties on his bond in his application; if the Mayor shall grant such application, he shall indorse the same thereon, together with the amount taxed for the license; and upon the filing of the application so indorsed, with the City Clerk, and the payment of the sum specified, the City Clerk shall issue to such applicant a license for the purpose and time speci¬ fied. Ibid. Sec. 3. No license shall be granted for a longer period than one year, and all licenses shall be signed by the Mayor, or Mayor pro tern ., and countersigned by the City Clerk, under the corporate seal (if any). No license shall be valid until signed and countersigned as aforesaid,, nor shall any person be deemed licensed until a license shall be duly issued to him. Each license shall be dated the day of the issuing thereof; but, if the applicant has been acting-without a license, then it shall be dated from the time he so commenced acting. Ibid. Sec. 4. All licenses granted shall be subject to all ordi¬ nances in relation to licenses, -which mav be in force at the time of the issuing thereof, or which may be subsequently passed by the City Council; or, if any person licensed shall violate any provision of any ordinance in relation to his license, he may be proceeded against for any fine or penalty imposed thereby, and his license may be revoked or forfeited, in the discretion of the City Council, or of the court or magistrate before whom any action may be brought for the recovery of any fine or penalty. Ibid. Sec. 6 . No license granted shall be assignable or transfera¬ ble, nor shall any person be authorized to do business or act under such license but the person to whom it is granted, or any other place than the place specified therein, without the consent of the City Council, to be certified on such license by the City Clerk; 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 provision of this section shall be deemed to be acting without license, and shall be subject to the same penalty as is pre¬ scribed for acting, -without license. Ibid. Sec. 6 . The City Clerk shall keep* a license register, in which he shall enter the name of each person licensed, for what purpose licensed, the place of business, the date of the license, the amount paid and the date of the expiration of the same. He shall pay into the city treasury, on the first Monday of each month, all moneys received by him on account of license; he may charge and receive a fee of fifty cents for each license issued by him, and a fee of fifty cents for certifying the consent of the City Council to the assignment, trans¬ fer, or change of place of business of any license- Chat, 10. 80 Licenses. Ibid. Sec. T. Licenses may issue, %/ lowing form, to-wit: as near as may be, in the fol- U A. B., -, of the City of Champaign, to all whom these presents shall came, Greeting: ‘•Know ye, that C. Lb, having made application in due form (filed bond), paid into the city treasury - dollars, and in all other respects complied with the ordinance of the city in this behalf, there¬ fore I, A. B., Mayor of the City of Champaign, for and in behalf of the people of said city, do hereby authorize, empower and license the said C. D. (here set forth the business or purpose of the license), at -for-, from-. Nevertheless, this license is granted upon this express condition: that if the said C. I). shall observe and obey all ordinances of the city, which are or may be in force, regu¬ lating 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 City Council, or in any other manner provided by ordi¬ nance. { 18 “Countersigned and rgistered, E. F., City Clerk. /— A —s “In testimony whereof, I have hereunto set my hand, and seal caused the corporate seal of said city (if any) to be affixed, '—v— at the city of Champaign, this-day of -, A. D. 6 —. “A. B., Mayor. Jbid. Sec. 8 . That the City Marshal shall enforce all ordinances in relation to licenses, and shall, from time to time, examine the license register, and prosecute all persons who may be acting without license; and he shall be entitled to a commission of one dollar for each license so collected by him, to be paid by the person to be licensed, and his receipt shall be good to the extent and purport thereof, but no person shall be considered as licensed until license shall be issued in due form, as required by ordinance. Division TI. — Auctioneers.* Ibid. Sec. 9. No person shall pursue the business of an auction¬ eer, or sell goods or property at auction, except under legal process, without a license therefor, under a penalty of not less than five dollars for each sale made. Ibid. Sec. 10. For a license to pursue the business of an auc¬ tioneer, or to sell goods or property at auction, there shall be taxed and collected fifteen dollars for six months, and thirty dollars for one year. •J Ibid. Sec. 11. Before a license shall be issued to any person to pursue the business of an auctioneer, or to sell goods or property at auction, he shall file bond in the sum of one thousand dollars, with two or more sureties, to be approved by the Mayor or City Council, and conditioned for the prompt payment of all moneys, and the.deliv¬ ery of all goods, that may come into his hands, in his business, to the * Spi* State Constitution. # 1, 130. 12 Art IX. Also, People >'<■ Thtirbar, 13 Ill., 554; Sawyer vs. Alton, 3 Scam,, 90 Licenses, Chap. 10. person entitled to receive the same ; and which bonds may be sued on, and in the name of the city, bv any person damaged by a breach of its conditions. Division III.— Billiard Rooms, Ball Alleys, etc. Ibid. Sec. 12. No person shall keep any billiard table, or baga¬ telle table, or a ball or pin alley, to be used or played upon by others, for hire or gain, without a license therefor, under a penalty of not less than five dollars for each person who may be permitted to play thereon for hire or gain. Ibid. Sec. 13. There shall be taxed and collected for a license to keep billiards, for one year, twenty-five dollars for one table; for two tables, forty dollars, and fifteen dollars for every additional table. There shall be taxed and collected for a license to keep a pin, or ball alley, for one year, fifteen dollars for one alley; twenty-five dollars for two alleys, and ten dollars for every additional alley. Fifteen dollars per annum shall be taxed and collected for each bagatelle table. 1 bid. Sec. 14. No keeper of a billiard table, or ball or pin alley, Tskall suffer or permit any minor to frequent or loiter about the prem¬ ises occupied by him, or to play or roll upon his table or alley, without the previous consent of the parent, master or guardian of such minor; nor shall sell or deliver any intoxicating liquors, contrary to the ordi¬ nances of the city; nor shall suffer or permit any riotous, noisy or disorderly conduct upon the premises occupied by him, to the disturb¬ ance or annoyance of the neighborhood, under a penalty of not less than fifteen dollars and a forfeiture of his license. Division IV, — Exhibitions, Shows and Amusements. Ibid. Sec. 15. No person shall give or exhibit any theatrical or other exhibition, show or amusement, where money is charged for admission thereto, without a license therefor, under a penalty of not less than double the amount herein assessed and taxed for such license. Ibid. Sec. 16. For fairs, or lectures given before any society, or concerts, or other exhibitions or amusements, given exclusively for citizens of the city, no license shall be required; and where any exhibition or amusements, for which license is required, shall be given for any charitable or benevolent purpose, no license shall be charged. Ibid. Sec. 17. For a license for the exhibition of any circus, menagerie., or other like exhibition, there shall be taxed and collected not less than five dollars for two exhibitions or less, and not less than three dollars for each exhibition thereafter, not including side shows, or other exhibitions traveling therewith, or attached thereto, which .shall be taxed for a license not less than two dollars each. For a license for any other exhibition, show or amusements, there shall be taxed and collected not less than three dollars for any single exhibition, .and not less than two dollars for each exhibition thereafter. Ibid. Sec. 18. Any person giving or conducting any exhibition, show or amusement, shall preserve good order in and about the place ('lIAT. 1(1 91 f. i (i: ,\ s r:s' of his exhibition or amusement, and if necessary for that purpose, shall employ, at his own expense, a sufficient police force. Ibid. Sec. 19. Any person who shall conduct himself in a riot¬ ous or disorderly manner, at any place of exhibition or amusement, shall be subject to a penalty of not less than three dollars; and if any person belonging to or connected with any such 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 of the Mayor or Police Magistrate, and no license shall at any time thereafter be granted for such exhibition, unless for good cause shown, with the consent of the City Council. Division Y. — Peddlers. Ibid. Sec. 20. No person shall hawk or peddle merchandise, or other articles of value, in the city, without a license therefor, under penalty of not less than five dollars. Ibid. Sec. 21. All sales of goods or merchandise made by any person remaining transiently in the city, for the purpose of selling or disposing of the same by retail, or by persons traveling or going about from one place to another, with goods or merchandise, and selling and disposing of the same by retail, whether in any temporary place of business or otherwise, shall be deemed peddling under the provisions hereof. Ibid. Sec. 22. For a license to hawk or peddle, there shall be taxed and collected not less than three dollars for two weeks or less, not less than five dollars for one month or less, and not less than three dollars for each month thereafter. No license shall be required for peddling or vending of [or] marketing vegetables, fruit, cakes, nuts, or other like refreshments. Ibid. Sec. 23. No peddler shall enter any private dwelling in this city 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 purchase the same, or shall otherwise vex or annoy any person, under a penalty of not less than three dollars, and the forfeiture of his license, in the discretion of the City Council, or the Police Magistrate, or other court before whom conviction may be had; and at no time thereafter shall he be licensed, unless, for good cause shown, the City Council shall remove his disability. Division YI. — Wagons and Drays. Sec. 1. (June 15, 1861) — § 24. No person shall pursue the occupation of carrying any goods or property, for gain or hire, in any vehicle, from one place to another within the city, or shall keep, own or use any dray, wagon or other vehicle, for the purpose of carrying any goods or articles of property, for gain or hire, within the limits of the city, without a license therefor, under a penalty of not less than three dollars for each load or parcel so carried without a license. Chap. 10. Licenses-. 02 Sec. 1. (June 15, 1861) — § 25. For a license to pursue the business or occupation of carrying goods, or other property, for gain or hire, upon a dray, wagon or other like vehicle, within the city, there shall be taxed and collected four dollars for six months, and seven dollars for each year. Sec. 26. (June 23, 1860) — § 26. For wagons or other vehicles* kept or used by merchants, lumbermen or other persons, for the deliv* ery, without charge, of articles or property sold by them, or for the carrying of their own property, or the accommodation of their own business, or for the hauling of earth or building material, or for haul¬ ing without and beyond the city, or by hotel keepers for the delivery, without charge, of the baggage of their guests, no license shall be required. Ibid. Sec. 27. No wagon or dray license shall be issued to any minor or non-resident of the city. Before any w T agon or dray license shall be issued to any person, he shall execute bond to the city in the sum of one hundred dollars, with one or more sureties, to be approved by the Mayor, or Mayor pro tern ., conditioned that he will promptly deliver all property entrusted to him, or to his servants, to be carried, and pay all damages caused by the negligence of himself or his servants in the carrying of any property. The bond may be sued on, in the name of the city, by an} r person damaged by a breach of its conditions. Ibid. Sec. 28. The City Clerk shall write in the license, and indorse thereon, the number or other designation of the dray, or other vehicle, and register the same; and the person licensed shall cause such number or designation to be at all times conspicuously and legibly painted or affixed to the outside of the bed or shaft thereof, under a penalty of one dollar for each day such dray or other vehicle may be used without being numbered or designated, as is herein required. Sec. 1. (July 11, 1864) — §29. Any drayman, or other person licensed, may charge and receive not exceeding fifty cents for each load carried from place to place within the city. Sec. 30. (June 23, 1860) — § 30. No drayman, or other person so licensed, or hack or omnibus driver, shall, at any road, station, or elsewhere, conduct himself in a riotous or disorderly manner, or use indecent, profane or abusive language towards any person, or other¬ wise vex or annoy any traveler or other person, or obstruct any side¬ walk, street or alley crossing, street, or other public passage, under a penalty of not less than three dollars in each case. Ibid. Sec. 31. No drayman, or other person so licensed under the provisions hereof, shall, when requested, unless actually employed at the time, refuse to carry any article or load, or shall charge any greater sum than is herein specified for the carriage of any load, under a penalty of three dollars in each case. Ibid. Sec. 32. No owner or driver of any wagon, dray or other vehicle, shall make a permanent stand, or place of stopping, in front Cll.U\ 10. 93 Licenses. of any premises, without the consent of the owner or occupant of the same, under a penalty of three dollars. / bid. Sec. 33. The City Marshal shall designate stands for licensed drays, or other vehicles, or for omnibuses or carriages belong¬ ing to any hotel, upon any street at or adjacent to the railroad depots or stations within the city, while waiting for the arrival or departure of passenger trains; and any person who shall occupy any other stand than the one allotted to him, while any pnssenger train may be standing at any depot or station, shall be subject to a penalty of three dollars. Ibid. Sec. 34. Each person licensed under the provisions hereof, shall, at all times, keep a certified copy of the twenty-eighth section hereof, and shall produce the same for the inspection of any person employing him who shall demand the same, under a penalty of three dollars; and if any such person shall exhibit or produce, to any person employing him, a false copy thereof, he shall be subject to a penalty of ten dollars. % Chip 11. Licit Oft 50 04 *V^O C* CHAPTER XI. Liquors. AN ORDINANCE Regulating the Sale of Intoxicating Liquors, I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XIV. XV. XVI. Liquors, License for the Sale of. License, Term f Price of.. License, Applicant to File, Bond. Drunkenness and Gaming-, Prohibited. Not to Sell on Sunday. Saloons Open and Close, when. City Time. Minors not to he Employed or Sold to. Saloon Keeper, Duty and Power of. Same, when Notified not to Sell. Same, not to Permit Bois¬ terous Conduct, etc. Mhiking Disturbance,Pen¬ alty of. Saloon Keeper, Violation of Secs. 5 and 6, Pen¬ alty of. Marshal and City Officers, Duty of. Subterfuges and Evasions. Saloon Keeper to Keep Copy of Ordinance Posted . XVII. License, Application Pj ,r p* XVIII, * “ to Whom Grant- eel. XIX. License, to be Lssued when. XX. Amends Sec. 19. XXI. Bond to Pay Fines. XXII. Terms for Granting LG C671S6, XXIII. Amends Sec. 22. XXIV. City Attorney to Report Judgment. XXV. No License Lssue till Fines Paid. XXV. Several Convictions, hour Proceed. XXVI. License, Mayor Refuse' when. XXVII. License for Manufac¬ turing. XXVIII. License, Granted Only to One Person. XXIX. License, not Lssued to Copartners. XXX. Selling Outside City a Nuisance. XXXI. Selling Outside City r Penalty of. Secton 1. (May 22, 1871.) — § 1. Be it ordained by the City Council of the City of Champaign, That no person shall, within the city, by himself, his servant or clerk, except for purposes purely medi¬ cinal, mechanical or sacramental, barter, sell, exchange or deliver, or otherwise dispose of, for money or gain, or anything of value, or any check or other thing representing, or intended to represent, any money, or other thing of value, any vinous, fermented, spirituous, mixed or malt, or other intoxicating liquor whatever, in a less quantity than one gallon, to be carried away at one time from the place of sale or delivery, nor allow the same to he drank on the premises, without a license therefor, under a penalty of not less than one hundred dollars' for each offense; and any person furnishing evidence to convict shall be entitled to half the fine when said fine is collected. Chxp. 11. 95 Liocous. Sec. 1. (April 9, 1870) — § 2. Hereafter, licenses may be granted for the period of six months to such person or persons as may apply therefor, to retail liquors in quantities less than one gallon, upon such person or persons paying into the city treasury the sum of two hundred dollars, and entering into bond in the manner required by the third section of the ordinance to which this is an amendment. And .said third section having been repealed by an ordinance, entitled “an ordinance regulating the sale of intoxicating liquors,” passed April 13th, 1869, the same is hereby reordained and declared to be in full force and effect; and such person or persons, to whom licenses afore¬ said may be granted, shall be governed in all matters by the ordinance now in force in relation to the sale of intoxicating liquors.. Sec. 3. (April 7, 1869) — § 3, Before a license shall be issued to any person to retail liquors, under the provisions hereof, such per¬ son shall execute bond to the City of Champaign, in the sum of one thousand dollars, liquidated damages, signed by at least two freehold¬ ers of the city, each to the value of the penalty of the bond at least, as sureties, to be approved by the City Council, 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 retailers of liquors. Such bond shall be executed in the presence of the Mayor, and filed in the office of the Clerk, and any breach of its conditions shall work a forfeiture of the whole penalty thereof, the amount of which shall be recovered before any court having jurisdiction. Ibid. Sec. 4. No retailer of liquors, licensed under the provis¬ ions-hereof, shall, by himself, his servant or clerk, suffer or permit any person to drink to excess or drunkenness in his premises, nor shall'.suffer or permit any species of gaming in any part thereof, or in any place adjacent thereto, under his control, under a penalty of not less than twenty-five dollars in each case. Ibid. Sec. 6 . No retailer of liquors, licensed under the pro¬ visions hereof, shall, on Sunday, keep open, or suffer or permit to be kept open, any part of his place of business, nor shall on Sunday in any manner, sell or deliver any intoxicating or malt liquors or beverage whatever, or suffer or permit any such liquors or beverage to be used or drank at his place of business, or in any place adjacent thereto, under his control, nor shall, on Sunday, admit any per¬ son into his place of business not belonging thereto or connected there¬ with, under a penalty of not less than twenty-five dollars in each case. Sec. 2. (Dec. 10, 1870) — § 6. Hereafter, all drinking and bil¬ liard saloons, and ball alleys, within this city, shall be closed, for the night, promptly at eleven o’clock, p. m., and remain closed until four o’clock, a, m. No keeper of any drinking or billiard saloon, or ball alley, shall, by themselves, their agents or clerks, suffer or permit his, her or their place of business to be open at any time during the hours above specified, nor shall suffer or permit, within said time, any intoxi¬ cating or malt liquors to be sold, given away or drank within his, her Chap. 11. Liquors, % or their place of business, as aforesaid; nor any games upon billiard tables or ball alleys to be played; nor shall suffer or permit, within the hours aforesaid, any person or persons to remain, stop or stay in his, her or their place of business, who are not connected with, or belong to the same, under a penalty of not less than ten dollars for each offense. Sec.. 8 . (Dec. 10, 1870) — § 7, The time of the Illinois Central Railroad Company, in this city, is hereby declared to be the time of the City of Champaign, for the purposes of the city government, and the City Magistrates, Marshal, and all police officers are hereby required to see that their time conforms to the same, and the time for closing and opening drinking and billiard saloons, and ball alleys, as aforesaid, will be governed accordingly. Sec. 7. (April 7, 1869) — § 8. No retailer of liquors, licensed under the provisions hereof, shall employ any minor as a servant or clerk in his business; nor shall, in any manner, sell, give or deliver any intoxicating or malt liquor, or beverage, whatever, to any minor, or intoxicated person; nor shall harbor or entice, or suffer any minor or intoxicated person to remain or loiter in or about his place of busi¬ ness, under a penalty of not less than ten dollars in each case. Sec. 8. (April 7, 1.869) — § 9. Each retailer of liquors, licensed under the provisions hereof, shall, without delay, notify any minor, or intoxicated person, who may frequent or loiter in or about his place of business, to leave and quit the same: and if he shall neglect or refuse to do so, such retailer may arrest him and take him before any Police Magistrate, or may deliver him into the custody of the Marshal, or any Police Constable, to be by him retained in custody until he can be brought before a competent court or magistrate; or he may make complaint before any Police Magistrate, and cause such minor or intox¬ icated person to be arrested and prosecuted; and m> minor or intox¬ icated person shall frequent or loiter in or about any grocery, or other place where intoxicating or malt liquors are sold by retail, after being; notified or requested by the owner or keeper thereof, or any police officer, to leave or quit the same, under a penalty of not less than five dollars. Sec. 9. (April 7, 1869) — § 10. No retailer of liquors, licensed under the provisions hereof, nor any other person, shall sell, give or deliver any intoxicating or malt liquors or beverage, whatever, to any habitual drunkard or habitually intoxicated person, after being notified, by the wdfe, parent, or other relative or acquaintance of such person, that be is an habitual drunkard, or habitually intoxicated person, and reqesting such retailer or other person not to sell, give or deliver him any such liquors or beverage, under a penalty of not less than twenty- five dollars. Sec. 10. (April 7, 1869) — § 11. No retailer of" liquors, licensed under the provisions hereof, shall suffer any loud or boisterous talking, or obscene or profane language, quarreling, singing, fighting, or other disturbance, in or about his place of business, or in any place adjacent Chap. 11. 97 Liquor?. thereto, under his control, to the annoyance or disturbance of persons passing along any street or public place in the vicinity thereof, or to the disturbance of the peace and quiet of persons doing business or residing in the neighborhood thereof, under a penalty of not less than ten dollars for each olfense. Sec. 11. (April T, 1869) — § 12. Whoever shall make any such noise or disturbance, mentioned in the preceding section, or shall speak any profane, indecent, insulting or obscene language, in any public place, loud enough to be overheard by persons passing, and in the presence, or while any female may be near enough to be likely to hear the same, shall be subject to a penalty of not less than five dollars in each case. Sec. 15. (April 7,1869) — § 18. *If any retailer of liquors shall violate any of the provisions of the fifth and sixth sections hereof, the City Marshal, or any Police Constable, may enter and close his place of business, and keep it closed until the next morning, and may take possession of the keys or fastenings thereof, and shall have power to turn out all persons found therein not belonging to the premises; and all offenders shall be prosecuted before any Police Magistrate, or other competent court, and shall be subject to the penalties prescribed in the preceding sections hereof. Sec. 16. (April 7, 1869) — § 14. The City Marshal and Police Constable, or Constables, shall see that the provisions hereof are strictly observed and enforced, and shall prosecute all violations of the same; and in their default, any person may make the proper complaint of such violation, before the Police Magistrate, and have the offender prosecuted as in other cases; and it shall be the duty of the City Marshal, and all Police Constables, at all times, to arrest or cause to be arrested and prosecuted without delay, all persons who may be found intoxicated or riotous in any public place. Sec. 17. (April 7, 1869) — § 15. All subterfuges and evasions, for the purpose of avoiding the requirements or provisions hereof, are hereby declared to be within the meaning and intent, and shall be deemed violations thereof. Sec. 18. (April 7, 1869) — § 16. Every retailer of liquors, licensed under the provisions of the second and third sections hereof, shall keep a copy of tins ordinance posted up in some conspicuous place in his place of business. Sec. 19. (April 7, 1869) — § 17. Any person desiring a license, under the ordinances of the city, to retail intoxicating liquors in less quantities than one gallon, shall make a written application therefor to the Mayor, 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 securities on the bond required by ordi¬ nance. Sec. 20. (April 7, 1869) — § 18. When any such application is made, it shall be the duty of the Mayor, or Mayor pro tem ., to receive * Sacs. 12. 13 and 14, repealed April 13,18f>9. 1 9 lo C it > r 11 98 Liquors, and grant the same, upon the terms and conditions specified by ordi¬ nance, unless the applicant, or applicants, or one or more of the applicants, 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 convicted of violating the ordinances of said city concerning, regulating or governing retailers of liquors; or unless such applicant, or applicants, or some one or more of them, shall have failed or refused, after being once convicted of such violation, to pay the fine or penalty, and the costs, or some part thereof, assessed therefor. If the Mayor, or Mayor pro tern., grant such application, he shall indorse the grant thereof on such application, together with the amount taxed for such license. Sec. 21. (April 7, 1869) — § 19. Upon the filing of the appli¬ cation so indorsed, as aforesaid, in the City Clerk’s office, together with a bond in such sum, on such conditions, with such securities, and approved as hereinafter provided, and paying to the City Treasurer the sum required for such license, a license to retail intoxicating liquors in any quantity less than one gallon, at the place named in such application, for the term granted, shall be issued to such applicant or applicants, in the general form and manner prescribed by the ordi¬ nances of said city for other licenses. *Sec. 2. (April 13, 1869) — § 20. That section twenty-one of said ordinance be so amended as to be as follows: “Upon the filing of the application, so indorsed as aforesaid, in the City Clerk’s office, and paying to the City-Treasurer the sum of four hundred dollars for such license, a license to retail intoxicating liquors, in any quantity less than one gallon, at the place named in such application, for the term granted, shall be issued to such applicant, in the general form and manner prescribed by the ordinances of said city for other license. Sec. 22. (April 7, 1869)—-§ 21. Before a license shall be issued to any person or persons, to retail liquors under the provisions hereof, such person or persons shall execute a bond to the City of Champaign, in the sum of one hundred dollars, with good securities, who shall be residents of the county of Champaign, in the State of Illinois, to be approved by the Mayor and City Clerk, conditioned that the person or persons applying for such license, shall promptly pay and satisfy any and all fines or penalties which may be adjudged against him, her or them, for any violation, during the term of such license, or of any of the ordinances of said city concerning, regulating or governing retailers of liquors. Sec. 23. (April 7, 1869) —§ 22. License, under the provisions hereof, shall be granted or issued for a less term than one year, and the person or persons to whom it is granted shall be subject to all the provisions of the charter, and all the ordinances of the city which now are, or may hereafter be, duly and legally passed, and published, or otherwise enforced in said city. * Sets $ 2 , of tkisi ordinance. Cuvr. 11 Li cron?!. 4)9 Sec. 3. (April 13, 1869) — § 23. That section twenty-three of said ordinance bo amended by adding the word u no," before the word ‘‘license,” in the first line of said section. Sec. 24. (April 7, 1869) — § 24. Whenever any persons, licensed under this, or any other ordinance of said city, to retail liquors, shall be, by any court of competent jurisdiction, adjudged to pay any fine, penalty or costs, for violating the ordinances of said city regulating, governing or concerning retailers of liquors, it shall be the duty of the City Attorney, City Marshal, Police Con¬ stable, or other officer of the city, making complaint in, or prosecuting the cause wherein such judgment was rendered, and each and all such officers immediately to report such judgment to the Mayor, and if any such officer shall fail or refuse to make such report, within two days after the rendition of such judgment, he shall, be subject to a penalty of not less than three dollars. Sec. 25. Whenever any person, licensed to retail liquors as aforesaid, shall be convicted of violating any ordinance of the city concerning, regulating or governing retailers of liquors, it shall be the duty of the Mayor not to grant such persons any other or further license to retail intoxicating liquors in said city, until the fine or pen¬ alty adjudged against such person for such violation shall have been fully paid and satisfied, together with all costs therein, or the case wherein such fine or penalty was adjudged shall have been duly appealed; and whenever any person, licensed to retail liquors as afore¬ said, shall have been twice convicted before any court of competent jurisdiction, of violating any such ordinance of the city, it shall be in the discretion of the Mayor, to refuse such persons so convicted any other or further license to retail intoxicating liquors in said city; and whenever any person so licensed, as aforesaid, shall have been three times convicted, before any such court, of violating any such ordinance, it shall be the duty of the Mayor forever thereafter to refuse to grant such person, so convicted, any license to sell intoxicating liquors in said city : Provided , hoivever , That if any of the cases, wherein the person licensed as aforesaid shall have been convicted as aforesaid, shall be appealed, and upon the hearing of such cause on appeal, such person shall be found not to be guilty of the violation or violations for which he was convicted in the court below; or if the fine or penalty adjudged for such violation, whereof he may be convicted, shall be remitted by the City Council, then such conviction shall not be consid¬ ered, from and after the reversal thereof, or the remission of the fine or penalty assessed therefor, as a conviction within the meaning of this section, so as to bar such person of his right to such license. Ibid. Sec. 26. Whenever any person shall make application to the Mayor for a license to retail intoxicating liquors, and the Mayor, or Mayor pro tem ., shall be satisfied that such application is made for the benefit of any other person, who is not entitled to a license under the provisions of this ordinance, or that any such person, not entitled to a license, is to be in any manner interested in the business to be Chap. 11. too LlQtfottS carried on under such license, or in any manner employed therein, or if he shall be satisfied that such application is made for the purpose of avoiding, in any manner, the provisions of the tenth section of this ordinance, he shall refuse to grant such license. And if any person shall make such application for the benefit of any person not entitled to a license under the provisions hereof, or if any person not entitled to such license shall be in any manner interested in the business to be carried on under such license, or shall be employed as an agent, clerk or servant in such business, then any license which may be granted on such application shall be absolutely null and void. Sec. 28. (April 7, 1869) — § 27. No person or persons, or body corporate, shall, within the limits of said city, make or manufacture any ale, beer, or other malt or fermented liquors, or any intoxicating liquors, under a penalty of not less than fifty, nor more than one hundred dollars for each day such making or manufacturing shall be carried on, unless a license from the City Council, as in other cases, shall first be obtained for that purpose: Provided , Such license shall be granted for one year, and the party applying therefor shall pay into the city treasury the sum of one hundred dollars. Sec. 4. (April 13, 1869) — § 28. Any single license, provided for in this act, or in the act to which this is an amendment, shall be granted or issued to only one applicant, or person, and any license granted or issued hereunder to two or more persons, is hereby declared null and void. Sec. 5. (April 13, 1869) — § 29. No license granted under the provisions hereof, shall in anywise inure to the benefit of any person or persons, as copartners or joint owners, in keeping or maintaining any saloon or place for the sale of liquors, ale or beer (hotels and taverns excepted), unless each of such copartners or joint owners shall have paid for and procured such license in his own name, and for his own benefit, except such copartnerships as. now exist. Sec. 1. (June 29, 1868) — § 30. The sale or giving away of any intoxicating liquors, whisky, brandy, wine, gin, ale, lager beer, or any alcoholic drink, by any person or persons whosoever, at any place out¬ side of the city limits of the City of Champaign, and within one-half mile thereof, be, and the same is hereby declared a nuisance. Sec. 2. (June 29, 1868)—§ 31. Any person who, by himself, his servant, agent or clerk, shall sell or give away any of the articles named in the foregoing section, in violation of said section, after service of a copy of this ordinance by the City Marshal, and its due publication, as required by law, shall be fined for each and every offense, not less than fifty, nor more than one hundred dollars, to be recovered by suit, as in other cases of the violation of the ordinances of said city. Oiiap. 12. 101 L Ail PS, *T<\ CHAPTER XII. Lights and Lamp Districts. AN ORDINANCE to Provide for Lighting the Streets, and Creating Lamp Districts. I. Lamp Dist. No. 1, Bounded.] VI. Lighting Streets, Tax A s- II. N ew Lamp Districts, how sessed for. made. VII. Lamp Posts, Estimated Cost III. Lighting Streets, City Coun-\ of, how made. cil to Proceed how. VIII. Lamp Posts, Tax Assessed IV. Committee, lleport of. | for. V. Lighting Streets, Estimates IX. Light and Posts, Tax As- of Cost of L made how. j sessed for, Generally. SECTON 1. (Aug. 26, 1870.) — § 1. Be it ordained by the City Council of the City of Champaign, That a lamp district is hereby created, to consist of and to include all that territory lying within the corporate limits of the City of Champaign, and, until further ordered, to be known and called Lamp District No. One (1) of said city. Ibid. Sec. 2. Whenever the City Council may determine to alter, change, divide or abolish said lamp district, they shall pass a resolution or ordinance, setting out clearly the alteration or change proposed; and if new lamp districts shall be made of any part of said district (No. 1), said resolution or ordinance shall describe the new district, and also the old one, after said new district has been taken from it, which resolution or ordinance shall be entered in full upon the records of the City Council. Ibid. Sec. 3. The City Council shall take charge of, and exer¬ cise exclusive control of the laying of gas-pipes in the streets, of erecting lamp posts, and of lighting the streets within any lamp district that is herein or may hereafter be created. Whenever it shall be made to appear to the City Council, by petition or otherwise, that it is necessary to light a street or streets, or any part of a street or streets, in any part of said lamp district, or districts, that may hereafter be created, the City Council may, by an order to be entered upon the records, direct the committee properly having charge of the matter (or a special committee, if desirous,) to examine into the matter, ascer¬ tain how many lamp posts (if any) will be required, the place where needed, and as nearly as possible the cost of providing and erecting the same, and make report at the next meeting of the Council. 1 bid. Sec. 4. When the committee shall have made their report, as required in the foregoing section, and recommend that additional lights be provided in any lamp district or districts, the Council may, by a resolution or ordinance, to be entered on the records, direct that lamp posts and lamps be provided and erected upon the place or places, and within the district or districts indicated and named by said com¬ mittee, and under the direction and supervision of the Street Super- e hap. if. 102 Lamps, etc visor, gas-pipes to be laid to connect with the same. Or may take such other action as may be deemed best: Provided , That should the committee report against furnishing additional light in any part of a district or districts, no further action shall be had in relation thereto at that meeting of the Board. Ibid. Sec. 5. Upon the passage of this- ordinance, or as soon thereafter as- practicable, the City Council shall estimate, or cause to be estimated, the cost of lighting the streets of the City of Champaign, within said Lamp District No. One, for the present fiscal year, and at the commencement of each fiscal year thereafter they shall’cause such estimates to be made for said Lamp District No. One, and such other lamp districts as may hereafter be created — the estimates to be made for each district separately, and all the cost of lighting the streets within said Lamp District No. One, incurred by the City of Cham¬ paign, to the passage of this ordinance, shall be included in the esti¬ mate first to be made. Ibid. Sec. f>. When the estimate, as required by the foregoing section, shall have been made, the City Council shall levy and assess upon all the property within said Lamp District No. One, taxable for general purposes, a tax equal to one-half of the estimated cost of lighting the streets as aforesaid within said district, and each year there¬ after shall levy and assess such tax upon the said property within the said Lamp District No. One (1), and such other lamp districts as may hereafter be made, and such tax, so levied and assessed, shall in all cases be equal to one-half the estimated cost of lighting the streets within said district or districts for the year in which said tax is to be levied. The levying, assessing and collecting of the tax, as herein provided, shall be in accordance with the provisions and requirements of an ordinance, entitled “an ordinance regulating the assessment and collection of taxes.” Ibid. Sec. 7, Upon the passage of this ordinance, the City Council shall estimate, or cause to be estimated, the cost of providing and erecting lamp posts already erected within said Lamp District No. One (1), also the cost to the said City of Champaign of providing and erecting necessary lamp posts within said district, to the end of the present fiscal year; and at the commencement of each fiscal year thereafter, the City Council shall cause an estimate be made of the necessary expense in providing and erecting lamp posts within said Lamp District No. One, and such other lamp districts as may be hereafter created, the estimates to be made for each district separately. Ibid. Sec. 8. When the estimate, as required by the foregoing section, shall have been made, the City Council shall levy and assess a tax upon all the property within said Lamp District No. One(l), that shall be equal to one-half of the estimated cost of providing and erecting lamp posts within said district as aforesaid, and shall annually thereafter levy and assess such tax for said district, or such other dis¬ tricts that may hereafter be made, the same to be levied, assessed and collected as required by section six of this ordinance. Crap. 13. 103 Misdemeanors. Ibid. Sec. 9. The City Council shall also, at the time of making levy and assessment of taxes as hereinbefore provided, levy and assess, upon all the property of the City of Champaign, taxable for general purposes, a tax that shall be equal to one-half of the estimated cost of lighting the streets, and of providing and erecting lamp posts in all of the said lamp districts hereby created, or that may hereafter be made, which tax shall be levied, assessed and collected as required by section six of this ordinance: Provided , That the tax mentioned in this section shall not exceed five mills on the dollar of the assessed value of said property, as returned by the Assessor. CHAPTER XIIL Misdemeanors.* AN ORDINANCE Concerning Misdemeanors. I, Public Peace and Safety, Dis¬ turbance of II. Assaults, Penalty of. III. Disorderly Conduct. Penalty. IV. Disorderly Assemblages, Pen¬ alty of V. Unlawful Acts, Abetting of VJ. k VII. Public Assemblies, Disturb¬ ance of VIII. False Fire Alarm, Penalty of IX. Intoxicated in Public Place, Penalty of. X. Indecent Exposure of Person, Penalty of XI. Selling Obscene Books, Pen¬ alty of. XII. Drawing Obscene Cuts, Pen¬ alty of. XIII. Indecent Exposure of -Stud- Horse, Penalty of XIV. & XV. Gambling, Penalty of XVI. Bawdy House, Keeping of Penalty of XVII. Vagrants and Swindlers, Pen¬ alty of. XVIII. k XIX. Sunday, Disturbance on, Penalty of XX. Sunday, Labor on, Penalty of XXL Animals, Cruelty to, “ “ XXII. Public Property, Injury of Penalty of XXIII. Tomb Stones and Cemeteries. Injury of, Penalty of. XXIV. to XXVII. Street Lamps, etc., Of¬ fenses to, Penalty of XXVIII. XXIX. XXXIII. XXXIV, XXXV. XXXVI, XXXVII. XXXVIII. XXXIX. XL. XLI. XLII. XLIII. XLIV. LL L VI. LVII. LXI. Trees and Fences, Hitching to, Penalty of. Handbills, Posting of, Pen¬ alty of. Shooting in the City, Penalty. of Poison, Selling of, Penalty of Cellar Doors, etc., Leaving Opcn, etc., Penalty of Excavations, etc., Unprotect¬ ed, etc., Penalty of. Meats Diseased, Selling of, Penalty of False Weights and Measures, Using of, Penalty of Officer , Pretending to be one, Penalty of. Officer, Resisting, Penalty of. Officer, Rescuing Prisoner from, Penalty of. Officer, may Summon Assist¬ ance. • Officer, Neglect of Duty, Pen¬ alty of. Sidewalk, Obstruction on. Penalty of. Sidewalk, Breaking of Exca¬ vating, etc., Penalty of. Same, Obstructions by Mer¬ chandise, Penalty of. Same, Obstructions by Teams , Penally of Same, Use Three Feet 'of Signs, etc. Penalty of -See ante, .page Go. Chaf. 13. 104 MISDEMEANORS. LXII. Same, Moving Goods upon. LIX. LXI1I. Same, Driving upon, Penalty of. LX. LX IV. Same, Leaving Teams upon. Penalty of. LXVI. LXV. Same, to be Kept Free from Snow, Penalty of LII. LXVII. Same, Water Falling upon, Penalty of. LXVIII. XXX. Streets, Rapid Driving on, Penally of. LXIX. XXXI. Same, Teams Unhitched upon, Penally of i LXX. XXXII. Same, Teams Meeting . Turn to\ the Right, Penally of. \ LXXI. XLV. Same, Moving Building^ through,, Penalty oj. ! LXXII. XLVI. to XLIX. Same, Enclosures upon, Penalty of LXXIIL L. Same, Incumbering of Pen ally o f XL IX. Same, Removing Incumbrance Cost of LIII. Same, Removinq Earth from, Penalty of LTV. Same, Throwing Ashes into, LXXVII. Penalty of LV. Same, Throwing Live Coals or Fire into, Penalty of LVIII. Same, Encroachments upon, Penalty of. LXXIV. LXXV. LXXVI. LXXVIII. LXXIX. Division I. Offenses against Public Safety. Same, Encroachments by Stairway, Penalty of Same, Removed, not to be Re¬ built, Penally of Crossings, Stopping upon, Penalty of Corners, Removing of P t£M E A X ORS. Chap. l:>, 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. *Ibid. Sec. 5. Whoever shall abet or encourage any unlawful act, or any violation of any ordinance of the city, shall be subject to a penalty of not less than three dollars. Ibid. Sec. 6. Whoever shall willfully or heedlessly disturb any assembly of persons, met together for religious worship, shall be sub¬ ject to a penalty of not less than five dollars. Ibid. Sec. 7. Whoever shall willfully or heedlessly disturb any lawful assemblage of persons, or shall, on the Sabbath day, willfully or heedlessly disturb the peace or quiet of any private family, shall be subject to a penalty of not less than three dollars. 1 bid. Sec. 8. Whoever shall make a false alarm of fire, or any false cry for assistance, shall be subject to a penalty of not less than three dollars. 1 bid. Sec. 9. Whoever shall be found in a state of intoxication in any public place, or in any place open to public view, shall be sub¬ ject to a penalty of not less than three dollars. Ibid. Sec. 10. Whoever shall purposely or publicly make any indecent exposure of his or her person, or shall appear in a dress not belonging to his or her sex, or in an indecent or leva! 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. Ibid. Sec. 11. Whoever shall exhibit, sell, or offer to sell, any indecent, obscene or lewd book, picture, statue, or other thing, or shall exhibit or peform any indecent, obscene or lewd play, exhibition or other representation, shall be subject to a penalty of not less than five dollars. Ibid. Sec. 12. 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. Ibid. Sec. 13. 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 inclosed place, out of public viewy shall be subject to a penalty of not less than five dollars. Ibid. Sec. 14. Whoever shall, in any manner. gam[ble] or raffle for any money or thing of value, or for any check or other thing rep¬ resenting, 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 in each case. Ibid. Sec. 15. 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 * Sec 77 and 7S. 14 Chap. 13. 106 MlSDEMEAXOHS. 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- iivejdollars in each case. Ibid. Sec. 16. Whoever shall 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 assigna¬ tion, or any place for the practice of fornication, or shall knowingly suffer or permit any premises owned or occupied by him, under his control, to be used for any such purpose, shall be subject to a penalty of not less than twenty-five dollars. Ibid . Sec. IT. Any person, able to work and maintain himself in some honest and 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 who 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 be an inmate of any house of prostitution, or who shall have in his pos¬ session any implement used for counterfeiting, or for the commission of burglary, or for picking locks or pockets, or any Mexican puzzle, or other implement or device used by cheats and swindlers, without being able to give a good account of his possession of the same; or who shall trespass upon private property in the night time, or habitu¬ ally sleep in sheds, stables, out-houses, 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 twenty-five dollars. Ibid. Sec. 18. Whoever shall, on Sunday, keep open any billiard room, ball or pin alley, house, ground, or other place of amusement, 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. Ibid. Sec. 19. 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 three dollars. I bid. Sec. 20. Whoever shall, on Sunday (except in case of "necessity, or for charitable purposes, or where the party shall con¬ scientiously 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 three dollars. Ibid. Sec. 21. Whoever shall inhumanly, cruelly, or unnecessa¬ rily beat, abuse, or otherwise maltreat any dumb animal, shall be sub¬ ject to a penalty of not less than three dollars. Ibid. Sec. 22. Whoever shall willfully, maliciously or negli¬ gently break, deface, destroy, or otherwise injure any public property of the State, county or city, or any private property, shall be subject 107 Misdemeanor Chat*, lib to a penalty of not less than three dollars, and shall also be liable for the costs and expenses of repairing the injuries committed, which shall be added to the penalty anc| constitute a part thereof. Ibid. Sec. 23. Whoever shall carry away or remove, or shall willfully, maliciously or negligently break, deface, destroy, or otherwise injure any monument, tomb-stone, tree, shrub, railing, fence, or any other property, or article or thing, belonging to any cemetery or burying-ground within the city, or placed or erected therein for orna¬ ment or otherwise, or shall trespass upon or maltreat any grave therein, shall be subject to a penalty of not less than ten dollars, and, in addition thereto, the expenses which may be incurred in repairing the injuries committed, shall be added to the penalty and included in the judgment. Ibid. Sec. 24. Whoever shall willfully, maliciously or negli¬ gently break, deface, destroy, or in any manner injure any street lamp, or lamp post, or telegraph post, or telegraph wire, shall be subject to a penalty of not less than five dollars, and, in addition thereto, the amount of costs and expenses of repairing the injuries committed shall be added to the penalty and form a part thereof. Ibid. Sec. 25. Whoever shall, without due authority, light or extinguish any street lamp, shall be subject to a penalty of not less than five dollars. Ibid. Sec. 26. Whoever shall climb upon any street lamp post, or fasten any horse or other animal thereto, or shall hang or place any goods, boxes, wood, or other substance upon or against the same, shall be subject to a penalty of not less than three dollars. Ibid. Sec. 27. Whoever shall willfully remove, injure, destroy or carry away any cap or lid placed upon the service boxes of the gas light company, upon the sidewalks in the city, shall be subject to a penalty of not less than ten dollars. Ibid. Sec. 28. 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 or 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, sidewalk, 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 otherwise, shall be subject to a penalty of not less than three dollars. Ibid. Sec. 29. 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 fence; or shall mark, cut, scratch, or otherwise deface any fence, or any part of any building, shall be subject to a penalty of not less than three dollars. Ibid. Sec. 30. Whoever shall purposely and rapidly or immod¬ erately ride or drive anv horse, or mule, or any cattle, or other like OhaF\ l:i. 108 MisDEMVAVORS. animals, or any team, in any street or alley in the inhabited part of the city, may he stopped by any person, and shall be stopped by any police officer, and shall be subject to a penalty of not less than three dollars. Ibid. Sec. 31. Whoever shall leave any horse or mule, or any team, in any uninclosed 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. Ibid . Sec. 32. All persons meeting each other in vehicles, in the street 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 shall be likewise liable for all damages that may occur from collision, unless it be satisfactorily shov. n that the same occurred from the fault or misconduct of the other party. *Ibid. Sec. 33. Whoever shall, in the inhabited part of the city, fire or disharge any cannon, gun or pistol, or other fire-arm, or shall set off or explode any torpedo, fire-cracker, fire-ball or rocket, or other fire-works whatever, or shall make or kindle any bonfire, shall be subject to a penalty of not less than three dollars. But the discharge of fire-arms, the setting or exploding of fire-works, and the making of bonfires upon national holidays, and the celebration of other public and general events, or the discharge of fire-arms by the members of any military company, when on parade, and in accordance with the command of the commanding officer, or by any city 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, or be likely to endanger, the safety of any person or the injury of any property, shall not bo deemed violations hereof. Ibid. Sec. 34. Whoever shall keep, sell, or deliver any poison, usually known or used as deadly poison, without legibly marking the name thereof, or the word, “poison,” upon the vial, wrapper, or other inclosure containing the same; or whoever shall sell or deliver any arsenic, strychnine, prussic acid, or other poison, usually known or used as a deadly poison, to any person known to him, without register¬ ing the name of such person, and the kind and quantity of the poison sold or delivered, and the purpose for which the same was obtained; or, whoever shall sell or deliver any such poison to any person to him unknown, shall be subject to a penalty of not loss than five dollars in each case. But the sale or delivery of any such poison as a medicine, upon the prescription of a practicing, physician, shall not be deemed a violation of this section. Ibid. Sec. 36. Whoever shall, in the night time, leave open any cellar, cellar door, vault, well, cistern, excavation, ditch, or other like * .'V jj T'J. Chip. 13. 109 M ISDKil KAN OHS hole, upon or adjoining any street, alley or sidewalk, without securing and protecting the same, so as not to endanger the safety of persons or animals passing thereby, from falling therein, shall be subject to a penalty of not less than three dollars. Ibid. Sec. 36. Any contractor for any public work, officer, or other person, making any excavation upon or adjoining any street, alley or sidewalk, or having the same in charge, who shall, in the night time, leave the same open and unprotected, so as to endanger the safety of persons or animals, passing thereby, from falling therein, shall be subject to a penalty of not less than three dollars. Ibid. Sec. 37. 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 deemed wholesome for food, or any unsound or unwholesome provisions or article of food whatever, or any adulter¬ ated or pernicious milk, drink or liquors, shall be subject to a penalty of not less than ten dollars in each case; and the Mayor, 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. Ibid. Sec. 38. Whoever shall knowingly use any false scale, beam, weight or measure, in the purchase or sale, receipt or delivery of any goods, article or property, purchased or sold, received or deliv¬ ered, by weight or measure; or shall use any weight or measure for the purchase or sale, receipt or delivery of any goods, article or prop¬ erty, purchased or sold, received or delivered, by weight or measure, knowing the same to be materially inaccurate and different from the standard prescribed by the State; or shall sell or deliver any goods, article or property, sold or delivered by weight or measure, and pur¬ porting to be of a certain weight or measure, knowing the same to be materially less than the true weight or measure for which the same [was] sold or delivered, shall be subject to a penalty of not less than ten dollars in each case. Division II.— Offenses against Official Authority. Ibid. Sec. 39. Whoever shall falsely represent himself to be an ■officer of this city, or shall, without authority, exercise, or attempt to exercise any of the powers, duties or functions of any city officer, shall be subject to a penalty of not less than ten dollars. Ibid. Sec. 40. Whoever shall willfully hinder, delay, resist or obstruct any city 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 order or directions of any such officer, shall be subject to a peo.alty of not less than three dollars. Ibid. Sec. 41. Whoever shall rescue, or attempt to rescue, or shall abet or encourage the rescue or escape of any person from the custody of any officer, or other person legally having him in charge. CltJLF' 13 . MlSDKkflAiTOKlif. or shall molest or interfere with any officer, or other person so legally having any person in custody; or shall, in any manner, aid, abet or encourage the rescue or escape, or the attempt to escape, from any prison of any person legally committed thereto, or shall supply, or attempt to supply, any such person with any -weapon, or with any implement or means of escape, or for attempting to escape, or with any intoxicating liquors, shall, in each case, be subject to a penalty of not less than twenty-five dollars. V Ibid. Sec. 42. Any police officer may call upon any white male 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. Ibid , Sec. 43.- Any city officer who shall willfully fail, neglect or refuse to perform any duty required of him by the city charter, or the ordinances of the city, or who shall be guilty of any misfeasance, 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 may be removed from office. Division III. — Offenses Affecting the Streets, Alleys and Sidewalks. Ibid. Sec. 44. Ho builder or other person shall encumber or obstruct any street or alley with building or other like materials, without a written permit from the Mayor; nor shall, except in case of urgent necessity, and for a short time, encumber or obstruct more than one-third of any street or alley, or one-half of the sidewalk; nor shall such obstruction continue, in any case, longer than may be necessary in the diligent erection of such building, or the prompt execution of the work. Whoever shall violate any provision of this section shall he subject to a penalty of not less than five dollars, and to an addi¬ tional penalty of not less than three dollars [for each day] he shall continue in violation thereof. Ibid. Sec. 45. No person shall remove, or cause to be removed, or aid in removing any building, through or across any street or alley, without a written permit from the Mayor; nor shall, in removing such building, unnecessarily encumber or obstruct any street or alley, nor for a longer time than may be necessary in the prompt and diligent removal of such building, under a penalty of not less than ten dollars in each case, and an additonal penalty of not less than three dollars for each day such building shall unnecessarily remain in any street or alley. Ibid. Sec. 46. Ho person shall make, or cause to be made, any erection or inclosure, encroaching, in whole or in part, upon any street, alley or sidewalk, under a penalty of not less twenty dollars, and an additional penalty of not less than three dollars for each day the same shall remain after notice by the Mayor, the Marshal, or the Supervisor,, to remove tile same. Oh ai*. 13. Ill Misdimkanorb. Ibid. Sec. 47. Whoever shall make anv erection or enclosure mf upon or along any street or alley, without first ascertaining the line thereof, from the City Surveyor and Engineer, shall be subject to % penalty of ten dollars. Ibid. ::;Sec. 48. The owner of any erection or inclosure, already erected or placed, and encroaching upon any street or alley, who shall not remove the same, after thirty days’ notice by the Mayor, the Marshal or the Supervisor, 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. Ibid. Sec. 49. The Mayor, the Marshal or the Supervisor shall cause any incubrance, obstruction, erection or inclosure, 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 the penalty, or in a suit in the name of the city- Ibid. Sec. 50. Whoever shall place, throw or leave, or cause to be placed, thrown or left, any obstruction or incumbrance, not author¬ ized 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 hour he shall not remove the -same, when required by the Mayor, the Supervisor or any police officer. Ibid. Sec. 51. No person, not authorized by ordinance, shall make any excavation in any street, alley or sidewalk, without a written permit from the Mayor, or the Supervisor, 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 [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 necessary, continue to repair the same, until the earth is completely settled, and the surface conforms to the proper level of the street, alley or sidewalk. Any person tearing up any phank or paved street, or sidewalk, or bridge or culvert, for any pur¬ pose, or negligently breaking or injuring the same, or breaking or injuring the same by the removing of any building over the same, shall, without dela}' - , cause such plank or paved street, alley, or side¬ walk, or bridge or culvert, to be repaired 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 side¬ walk, 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 the City -Supervisor 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 recovered with the penalty, or in n separate suit in the name of the city. Of a f, Tit: MlSDSMKAXoRSr 712 Ibid. Sec. 52. Whoever shall purposely change or remove any stake, post or stone, placed or set to designate the corner or line of any lot or land, street or alley, or to show the grade of any street, alley or sidewalk, shall be subject to a penalty of not less than five dollars. Ibid . Sec. 5$. Whoever shall, for any private purpose, dig, remove or carry away any earth from any street or alley, without the permission of the City Council, shall be subject to a penalty of not less than one dollar for each load removed or carried away; and any city 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. Ibid. Sec. 54. Whoever shall throw, place or leave any ashes, dirt, filth or other rubbish, in or upon any street, alley or sidewalk, or shall knowingly suffer or permit the same to be thrown, placed or left in or upon any street, alley or sidewalk, in front of or adjoining any premises owned or occupied by him, under his control, shsdl be subject to a penalty of not less than ore dollar, and to a like penalty for each hour the same may remain after notice to remove the same, by the Mayor, the Supervisor or any police officer. Ibid. Sec. 55. Whoever shall throw, place or leave any live coals of fire, or make or kindle any fire upon any planked street crossing, shall be subject to a penalty of not less than three dollar^ and shall likewise be liable for all damages or injury caused thereby, [and] the costs of repairing, which may be recovered with the penalty, or in a separate suit in the name of the city. Ibid. Sec. 56. 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 diligent removal of the same, under a penalty of not less than one dollar, and a like penalty for each hour the same shall not he removed, after notice to remove the same, by the Mayor, the Supervisor or any police officer. Ibid. Sec. 57. When any street or alley may be obstructed by a pirnss of teams, wagons or animals, the Mayor, the Supervisor or any police officer, may give such orders and directions as may be deemed necessary for abating the obstructing, and whoever shall not observe and ©bey such orders and directions shall be subject to a pen¬ alty of not less than three dollars. . Ibid. Sec. 58. 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* city, and to private persons, for all damage or injury arising from such encroachment, incumbrance or obstruction. Ibid . Sec. 59. No steps, platform or other fixtures shall be built to extend into or upon any sidewalk or alley more than three feet; and all steps encroaching upon any sidewalk or alley, and leading to* the upper story of any building, shall be securely suspended. Nor thall any open cellar way or basement way extend into or upon any 7 ft A r 1 . (:] ll:i sidewalk or alley more than three feet, and shall be well protected and secured with a substantial railing round the same. Nor shall any closed cellar way or basement way extend into or upon any side¬ walk or alley more than four feet, nor shall the door or grating of a- *ny such closed cellar way or basement way extend above the grade of the sidewalk. No windows shall extend upon any sidewa k more than eighteen inches; and all cellar windows or coal holes, placed in any sidewalk or alley, shall be well secured by an iron grating or otherwise, laid even with trie grade of the sidewalk or alley. Who-' ever shall violate, or shall fail to comply with the'requirements of this section, shall be subject to a penalty of not less than three dollars, and to a like penalty for each day he shall fail to comply herewith, after notice to do the same, by the Mayor, the Supervisor or the City Marshal. I bid. Sec. GO. J^o fixtures, building, fence, or other erection or inclosure, 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. Ibid. Sec. 61. Whoever shall place, hang or set out, over or upon any sidewalk, any goods, wares or merchandise, except within three feet of the premises or building occupied by him; or shall place, suspend or erect any sign, show r -bili, show-case, flag or other obstruc¬ tion, projecting into or hanging over any sidewalk, exceeding three feet from the building or premises occupied by him, or shall knowingly permit the same to be done in front of any building or premises owned or occupied by him, under his control, shall, in each case be subject to a penalty of not less than one dollar, and an additional penalty of one dollar for each hour the same shall remain, after notice to remove the same, by the Mayor, the Supervisor or any police officer. Ibid. Sec. 6*2. No person shall encumber or obstruct more than four feet of the out edge of the sidewalk with any goods, wares, mer¬ chandise, fuel or other articles of property he may be receiving or delivering, nor shall permit the same to remain upon any sidewalk longer than may be necessary in the diligent removal thereof, nor in any case to exceed twenty-four hours, under a penalty of not less than one dollar, and an additional penalty of one dollar for each hour the same may remain, after notice to remove the same, by the Mayor, the Supervisor or any police officer. Ibid. Sec. 63. Whoever shall purposely push or draw any sleigh, wagon or other vehicle, or drive, lead or ride any team or beast of burden over or upon any paved or planked sidewalk, except it may bo necessary in crossing the same to get into his own premises, or into premises where no wagon crossing or other suitable means of access is provided, shall be subject to a penalty of not less than three dollars. 1 bid. Sec. 6i. Whoever shall fasten or leave any team or beast of burden in such a manner as that the team, the vehicle, the animal, the harness, the lines, or anything belonging thereto, shall be an obstruction to the sidewalk, shall be subject to a penalty of not less than one dollar. i r I'j t'nA”. 13, MiSUKMC AXOnS walks, ia ! hid. k*' ec. 65. Whoever shall not keep the paved or plank side- front of or adjoining - the premises owned or occupied by him, and under his control, so as not to be obstructed by snow, dirt, weeds or other obstructions, shall be subject to a penalty of one dollar, and. to a like penalty for each day he shall not remove such obstruction, after notice to do the same, by the Mayor, the Supervisor or any police officer. Ibid. Sec. 66. Whoever shall obstruct any street crossing by J O v unnecessarily stopping thereon, with any team, vehicle or animal, so as to incommode persons crossing the same, shall be subject to a pen¬ alty of not less than one dollar. Ibid. Sec. 67. Whoever shall suffer or permit the water falling or draining from any building owned by him, or under his control, to spread over the sidewalk, in front thereof, shall be subject to a penalty of one dollar, and to a like penalty for each day he shall not remedy the same, after notice to do the same by the Mayor or the Super¬ visor. Ibid. Sec. 68. Any two or more boys who, in the night time, may be assembled together and disturbing any lawful assembly of' persons, or making 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 the Mayor or any police officer, shall each, severally, he subject to a penalty not exceeding five dollars in each case. Ibid. Sec. 69. No boy or other person shall, in the inhabited part of the city, use or drive any hoop, or use any bow and arrow, or raise or fly any kite, or smoke or fire balloon, of (except upon national holidays or other public and general celebrations) make or kindle any bonfire, or fire, explode or set off any fire-arms, fire-balls, fire-crackers, torpedoes, rocket, or other fire-works, or shall otherwise pursue any amusement or exercise calculated to impede travel, or to frighten animals, or injure or annoy persons passing along the streets or sidewalks, under a penalty not exceeding five dollars in each case. Ibid. Sec. 70. No boy or other person shall purposely or heed¬ lessly cast or throw any stone or other missile, from or into any public place, or at any person, or at, upon, against or into any building, prem¬ ises, tree or other property, or shall walk upon the top or capping of any fence or railing, or climb upon the same, or into any shade or orna¬ mental tree upon any sidewalk or elsewhere, without the consent of the owner thereof, or shall in any wise injure, deface or destroy any building, fence, railing, tree or other property, or shall meddle with any public well, cistern or pump, under a penalty of not exceeding ten dollars in each case. Ibid. Sec. 71. Any boy or other person, who shall willfully or heedlessly make any unusual noise or disturbance, to the disquiet or annoyance of others, or shall disturb any assembly met for religious worship, or any other lawful assembly of persons, or who shall assault Cf.ai* 13 . M'lsmoniAXOKS. or strike any other boy or person, 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 thi g 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 not exceeding ten dollars in each case. Ibid. Sec. 72. Any boy or other person who shall abet or encour¬ age any violation hereof, or any other unlawful act, shall be subject to a penalty not exceeding ten dollars. Sec. 1. (April 2, 1862) — § 73. No person or persons, within the limits of said city, not having a legal license to retail intoxicating liquors, shall exhibit, nor permit any sign, letters or caricature on the outside of his building or place, nor shall keep, or permit to be kept, any bar, with bottles, barrels, kegs, or other vessels containing such liquors, within his building or place, occupied by him or her, indicating, or which shall he intended to indicate, that any vinous, spirituous, fermented, mixed, malt, or other intoxicating liquors whatever, are kept and sold, or to be sold, at such place, in less quantity than one gallon, under a penalty of not less than three dollars for each day the same shall remain in such place or places, after notice by the City Marshal, or other police officer, to such person or persons to remove the same. Sec. 1. (Dec. 12, 1864)—■§. 74. Any boy or other person, who shall, by idling around the depot of any railway, or the grounds adjoining thereto, and used in connection therewith, impede, molest or obstruct the officers or employees, 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- requested so to do, by any such officer or employee, or the Marshal, or any Police Constable of this city, immediately leave such depot or grounds, shall be deemed guilty of a misdemeanor, and be subject to a penalty of not less than three dollars. Sec. 2. (Dec. 12, 1864) — § 75. 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 employee 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 trav- elers by such railroad, or other person or persons having lawful business to transact there, shall be deemed guilty of a misdemeanor, and shall be liable to a penalty of [not] iess than three dollars. Sec. 3. (Dec. 12, 1864)—§ 76. 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 climbing or getting up on any such car or locomo- Chap. 13. 116 Misdemeanors, live, 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 city, 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 city, or from one station to another, pn said railroad, and not being an officer or employee of the person, company or corporation operating and controlling such railroad, shall be deemed guilty of a misdemeanor, and shall be subject to a penalty of not less than three dollars. Sec. 1 . (June 27, 1868) — § 77. Section five of the above entitled ordinance shall not be so construed or held, by any Police or other Magistrate, in said city, as to cause any fine or penalty, or other punishment, to he inflicted upon any person or persons for soliciting and buying, or receiving and drinking, any intoxicating liquors. Sec. 2. (June 27, 1868) — § 78. Any person or persons having bought, or received, and drank any intoxicating liquors, who may hereafter be summoned to testify in relation thereto, in any suit or pros¬ ecution hereafter to be commenced in said city, shall not be excused from stating fully such fact or facts; and any such person refusing so to state, when required by any court in said city, or by any attorney representing any plaintiff or defendant, shall be guilty of contempt, and liable to a fine of not less than five dollars for each and every refusal so to answer, and on a failure or refusal to pay said fine, shall be imprisoned in the city prison until said fine and the costs of commitment are paid, as now provided by law, but the payment of any such fine shall not operate to excuse such person or persons from making answer in the same cause or suit, and a like fine shall be imposed for any subsequent refusal to make such answer or answers in the same suit. Sec. 1 . (June 27, 1868) — § 79. That section thirty-three of an ordinance, entitled “An ordinance, concerning misdemeanors,” passed July 14th, 1860, be, and the same is hereby amended, so that the provision of the said section excepting its operation on national holi¬ days is hereby repealed. Ninsxxcas. CiiAf. 14. ir CHAPTER XIV. 'Nuisances. AN ORDINANCE in Relation to Nuisances. f. Nauseous or Foul Premises.. XV. Old Buildings Declared I. Penalty for Keeping of. II. Hog Ideas. Nuisances when. II. Notice of to be Given how. « III. Foul Substances thrown into Street, etc. IV. Same, thrown within one- half mile of City Limits , Penalty of. V. Dead Animals, Nuisances when. VI. Same, Removing of Nuis¬ ances when. VII. Nuisances found, Notified to Abate , when. VII. Occupant, Notified to Abate, when. VII. Duty of Officer, tv hat. VIII. Stagnant I Voter a Nuisance. IX. When Place Reported a Nuisance, how Proceed. X. Power of City Council in . XI. Duty of Mayor in. XII. Places Filled up, 'when. XIII. Nuisance, Cost of Abating, here Collected. XIV. Dilapidated Building , Nui¬ sance when. insanecs when. X \ r T. Proceedings in, how Con- ducted. XVI. & XVII. Duty of Mayor and Marshal in. XVIIL Refusal of Owner to Abate, how Proceed . XIX. Buildings in Danger of Falling. XX. Inspections of Buildings , 'when. XXI. ScaffoIds.Nuisancc tohcn. XXII. Costs and .Expenses, how Collected. XXIII. City Clerk, Duty of, in. XXIV. Assessor and Collector , Duty of in. XXV. Assessors Warrant, Power under. XXVI. Warrant Unsatisfied, how Proceed. XXVII. Clerk to Certify to Order of Sale. XXVIII. & XXIX. Sale of Prem¬ ises, how Proceed . ♦Division I.— ‘Nuisances in General. Sectqn 1 . (Dec. 12, 1864.)—- § 1 . Be it ordained by the City Council of the City of Champaign, That any premises, or part thereof, which may be nauseous, foul or offensive to the neighborhood, or to any person or family residing near the same, or to persons pass¬ ing along any street or alley near the same, or which mav be in such, 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 neglect or refuse to abate, remedy or remove .such nuisance, or cleanse such premises, after notice thereof, by the Supervisor, the Marshal, or any Police Constable, or any person .aggrieved thereby, shall be subject to a penalty of not less than three dollars for each day he shall so neglect to'abate, remove, remedy or cleanse the same, after suc-h uotieb. . \l .’ill nw«l ’!. ]uk'« 9 'J, xiiU'. I Ciiif 14. IIS’ A L : l'i>A-VC£'Sf-. Sec. 2. Any pen, place or pemises, in which swine are- kept or confined, which may be offensive, or an annoyance to any persons residing near the same, or to persons passing along any street or alley near the same, is hereby declared to he- a nuisance; and the owner or keeper of such swine, or the owner or occupant of the prem¬ ises, who shall neglect or refuse to abate, remedy or remove such nuisance, after notice thereof, by the Supervisor, the Marshal, or any Police Constable, or any person aggrieved thereby, shall be subject to a penalty of not less than three dollars for each day lie shall so neg¬ lect or refuse to abate, remedy or remove such nuisance, after such notice. Ibid . Sec. 3. Any nauseous, foul, offensive or putrid, liquid or substance, or any liquid or substance likely to become nauseous, foul y offensive or putrid, which may be discharged, placed or thrown, or flow from 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 such nauseous, foul, offensive or putrid, liquid or substance, or any liquid or substance likely to become nause¬ ous, foul, offensive or putrid, into any street or alley, or into any adjacent premises, or shall permit any such nuisance to be discharged or to flow from or out of any premises owned or occupied by him, or under his control, into any street or alley, or into any adjacent prem¬ ises, shall be subject to a penalty of not less than three dollars, and to a like penalty for each day he* shall not abate, remedy or remove the same, after notice thereof, by the Supervisor, the Marshal, any peace Constable, or any person aggrieved thereby. Ibid, Sec. 4. Whoever shall deposit, throw or discharge, or leave any nauseous, foul, offensive or putrid liquid, substance or excre¬ ment, or any liquid or substance’ likely to become nauseous, foul, offensive or putrid, within the city, or (so as to be or likely to become offensive or injurious to the health or comfort of any person residing within the city,) within one-half mile thereof, shall he deemed guilty of a nuisance, and be subject to a penalty of not less than three dol¬ lars, and to a like penalty for each day he shall not abate, remedy or remove such nuisance, after notice thereof, by the Supervisor, the Marshal, any Police Constable, or any resident of the city aggrieved thereby. Q, Ibid. Sec. 5. Any person who shall knowingly suffer any dead animal belonging to him to remain within the city, or within one-half mile thereof, so as to be, or likely to become putrid and nauseous, or offensive to any person residing within the city, shall be deemed guilty of nuisance, and shall he subject to a penalty of not less than three dollars. Ibid. Sec. 6 . No person shall, in removing any dead animal or excrement, or any other nauseous, offensive or putrid, liquid or sub¬ stance, purposely or unnecessarily cause the same to he offensive or annoying to any other person, under a penalty of not less than three dollars. i Cn.\p. U. S r isaxces. m ibid. Sec. 7. When anv nuisance, or anythin" likely to become 5* nuisance, shall be found by the Supervisor, the Marshal, or any Police Constable, or shall he reported to them, or either of them, the author, owner or cause of such nuisance, shall forthwith be notified to hate, remedy or remove the same, and, in case he shall not comply with such notice, the officer shall abate such nuisance, and bring suit against such person, in the name of the city, for the penalty, and the •costs of removal or abatement may also be recovered with the penalty, •or by a separate suit in the name of the city, before any court having jurisdiction. When any nuisance, or anything likely to become a nuisance, may be found upon any premises, and the owner, author or cause of such nuisance 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 his agent, or the 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 three dollars, and the officer shall proceed without delay to abate the same, and may bring suit, in the name of the city, 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 under oath to the City Council, for allowance and assessment against the premises •chargeable therewith. When the owner, author or cause [ofj 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 city, the officer shall abate such nuisance forthwith, without •notice, and may bring suit, in the name of the city, for the penalty and the costs of removal or abatement, against the owner, author or cause of such nuisance, or 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, under •oath, to the City Council, for allowance and assessment against the premises chargeable therewith. Ibid. Sec. 8. Any lot or premises upon which stagnant water may be standing, so as to become, or be likely to become putrid, foul, or offensive, or detrimental to the health and comfort of persons residing in the neighborhood thereof, is hereby declared a nub -sauce. Ibid. Sec. 9. When any lot or premises shall be reported to the City Council, either verbally or in writing* by the City Marshal, the City Supervisor, or any Constable, or any other person living in the neighborhood thereof, as a. nuisance, from stagnant water standing thereon, or any other cause detrimental to the public health or com¬ fort, or as likelv to become a nuisance from anv such cause, the Citv Council shall refer the matter to a committee of not less than three, -to be appointed for that purpose by the Mayor, whose duty it shall be •to examine into the condition of such lot or premises, and if the same -shall be found in such a condition as to be detrimental or obnoxious to the health or comfort of persons residing in the neighborhood, fn vr, 14. .VcO'Sa .VeKSO f*2'(T report such lot or premises as a nuisance to the City Council, stating the cause, and the manner deemed best for abating snob nuisance, either hy filling up or draining the same, or otherwise disposing of the same. Ibid . Sec, 10 , When any lot or premises shall be reported to the City Council as a nuisance, by such committee, the City Council may, by the passage of an ordinance, declare such lot or premises to be a nuisance, stating, the cause therefor, and require the owner or occupant of the lot ©r premises, or the person liable? therefor, to fill up or drain such Lot or premises, or otherwise’ abate such nuisance, within such time as may be named in the ordi- J mJ nance. Sec. 11. The Mayor shall, without delay, after the passage- of any ordinance declaring any lot or premises a nuisance, and requiring such nuisance to be abated, by the filling, or draining or otherwise improving, such lot or premises, cause a copy of the ordi¬ nance to be delivered to the owner of such lot or premises, or his- agent, or the occupant thereof, or any person whose duty it is to abate the nuisance thereon. Lf the owner of such lot or premises, or other person whose duty it is to abate the nuisance thereon, is not a resident of the city, the Mayor may inclose a copy of the ordinance to such owner or other person by mail, directed to him at the post office at which he usually receives his letters, if known; but if such owner or other person, whose duty it is to abate such nuisance, and his agent, if any, are unknown, or if his place of residence is unknown, the- ordinance shall be published for at least three weeks in the newspaper publishing the ordinances of the city, which shall be sufficient notice to all persons, 1 bid. Sec. 12. If any lot or premises shall not be filled up or drained, or such nuisance otherwise abated, in compliance with such- ordinance, the Mayor shall cause the same to be done by the Citv Supervisor, or may let the same by contract, in the same manner as- for pubic improvements, and when completed shall report to the City Council an accurate account of the cost thereof, under oath of the Supervisor or of the contractor doing the same; and the amount so necessarily expended in abating such nuisance, may be recovered of the owner of such lot or premises, or of any other person liable therefor, by suit in the name of the city, before any heart having jurisdiction, or may be assessed against the lot or premises chargeable therewith, and collected by warrant and sale of the same, in the same manner as- other nuisances. ]bid. Sec. 13, When any lot or premises shall be filled up or drained, or any nuisance thereon otherwise abated, the officer or con¬ tractor doing the same shall keep an accurate account of the costs of abating such nuisance upon each separate lot or premises, and shall report the same separately; but if the exact cost of each cannot be ascertained, ho shall apportion the costs equitably, as near as may he* to- each separate lot or premises.. Chap. U. Ill XuiSAN'CKS, Division II.—Dangerous Buildings. I bid. Sec. 14. Any wooden building, or wooden part of any building, which may be situated within thirty feet of any contiguous building, and which may be in danger of becoming on fire, or setting fire to any contiguous building, by reason of being dilapidated, out of repair or untenantable, or by reason of any fire-place, grate, stove, stove¬ pipe, funnel or chimney, or any other structure or apparatus therein, used or intended to be used for the purpose of holding, conducting or securing any fire, being insufficient, or being improperly or insuffi¬ ciently secured, is hereby declared a nuisance. Ibid. Sec. 15. When any such building, or part of a building, shall be reported to the City Council, the same shall be referred to the Committee on Fire and Water, or other appropriate committee, who shall examine such building, or part of a building, and report the condition thereof; and if the City Council shall be satisfied that such building is situated within thirty feet of any contiguous building, and is in danger of becoming on fire, or setting fire to any contiguous building, by reason of any of the causes mentioned in the last preceding section, they may, by the passage of an ordinance, declare such building, or part of a building, to be a nuisance, stating the cause thereof, and require the owner or occupant of such building, or part of a build¬ ing, or other person liable therefor, to remove such building without the city limits, or to make good and properly secure any such fire¬ place, grate, stove, stove-pipe, funnel or chimney, or other structure or apparatus in such building, or part of a building, used, or intended to be used, forthe purpose of holding, conducting or securing any fire, or require him, her or them otherwise to abate such nuisance, within such time as they may deem necessary. Ibid. Sec. 16. The Mayor shall, without delay, after the passage of such ordinance as mentioned in the last preceding section, make out, sign and deliver to the Marshal a notice, containing a copy of such ordinance, directed to the owner of such building, or part of a building, requiring him to remove the same, or to make good and properly secure such fire-place, grate, stove, stove-pipe, funnel or chimney, or other structure or apparatus therein used, or intended to be used, as aforesaid, in compliance therewith. The Marshal shall, without delay, serve such notice upon the owner of such building, or part of a building, or his agent, and the person in possession and actual occupancy thereof, if any, retaining a copy thereof; but if the owner is a non-resident of the city, and has no known agent residing in this city, the Mayor shall send the notice to him by mail, directed to him at the post office at which he usually receives his letters — if unknown, retaining a copy thereof. If no owner or his agent can be found in the city, and the owner’s place of residence is unknown, or if the owner is unknown, the Mayor shall cause the ordinance to be published at least twice, in the newspaper publishing the ordinances of the city, which shall be deemed sufficient notice to all persons. If any such building, or part of a building, shall not be removed, or such 16 ' ClilF. 1.4. 122 N C18X3CES. fire-place, grate, stove, stove-pipe, funnel or chimney, or other struc¬ ture or apparatus therein used, or intended to be used, as aforesaid, shall not be made good and properly secured, in compliance with such notice, at the expiration of the time named therein, the Mayor shall, order the City Marshal to remove or tear down such building, or part of a building, or so much thereof as may be necessary, or in some such danger and abate such nuisance. Ibid. Sec. IT. The Marshal shall, without delay, execute the order of the Mayor, and shall report the costs of so doing upon oath to the City Council, and the same may be collected of the owner of the building, or part of a building, or the occupant thereof, or any other person liable therefor, by suit in the name of the city, before any court having jurisdiction, or assessed against the premises chageable there¬ with, and collected by warrant and sale of the same, in the same manner as other nuisances. Ibid. Sec. 18. Any owner of any such building who shall, when notified so to do, neglect or refuse to remove the same, or any such owner, or any occupant thereof, who shall neglect or refuse to make good or properly secure any such fire-place, grate, stove, stove-pipe, funnel or chimney, or other structure or apparatus therein used, or intended to be used, as aforesaid, or otherwise to abate such nuisance, in compliance with such notice, shall be subject to a penalty of not less than twenty dollars. Ibid. Sec. 19. Any building or erection, or part thereof, which shall be in danger of falling, or otherwise in such condition as to endanger the safety of persons passing under or near the same, or residing adjacent thereto, or to endanger any property contiguous thereto, is hereby declared to be a nuisance. Ibid. Sec. 20. When knowledge of any such dangerous building or erection shall come to the Mayor, he shall, without delay, summon three disinterested citizens of the city, who shall with him inspect such building or erection, and if they, or a majority of them, shall be of the opinion that the same endangers the safety of persons passing under or near the same, or residing adjacent thereto, or any property contiguous thereto, the Mayor shall, without delay, notify or cause to be notified, the owner or person having charge of such building or erection, forthwith to remove, demolish 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 Mayor shall, without delay, cause such building or erection, or such part thereof as may be neces¬ sary, 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 dol¬ lars; and the costs of removing, demolishing or securing such building or erection shall be reported to the City Council by the Mayor, and the same may be collected of the owner of such building or erection, or person having the same in charge, by suit in the name of the city, other manner to remedy Chap. 14. 12.4 Xn^.Vits’. before any court having jurisdiction, or assessed against the premises chargeable therewith, and collected by warrant and sale of the same, in the same manner as other nuisances. Ibid. Sec. 21. All scaffolds or other erections used in the erec¬ tion of any building, shall be made secure, and sufficiently wide to insure the safety of persons working thereon or passing under the same, against the falling thereof, or of materials that may be placed thereon. Any scaffold or other erection which may be otherwise con¬ structed shall be deemed a nuisance, and whoever shall erect or use any such insecure or dangerous scaffold, or other erection, shall be subject to a penalty of not less than ten dollars, and upon his failure or refusal to remedy or remove the same, forthwith, when required by the Mayor, the Supervisor or any police, the officer shall cause the same to be done, and the costs of such removal or remedy shall be collected of the owner or builder, or person having control thereof, and recov¬ ered by suit in the name of the city before any court having jurisdic¬ tion. Division III. — Assessments for Abating Nuisances. Ibid. Sec. 22. When any costs or expenses necessarily expended in removing or abating any nuisance upon any premises chargeable therewith shall be reported to the City Council and examined by them, they may, by an order to be entered at full upon the journals, approve and confirm the same, and levy and assess such costs and expenses against the premises chargeable therewith. The order shall contain a correct list and description of the premises, with the name of the owner thereof, if known, and the amount assessed against each lot or premises set opposite thereto, and may be substantially as follows, to- wit: , Name of owner. Lot. DESCRIPTION. Block. | Addition. Amount of Assessment. A-* B—~ I 14 C I) Ad. to Urbana. $20 00 E-* F - N£5 2 John Doe's Addit’n. 5 00 John Smith 4 6 Jdulnig’s. 40 00 Being the costs and expenses approved by the City Council for abating nuisances on each of the aforesaid lots or premises, by the city, after failure of the owners or other persons whose duty it was to abate such nuisance, after due notice to do the same, in pursuance of the ordi¬ nances of the city, be, and the same are hereby levied and assessed against each of said lots or premises, to defray the costs and expenses of abating said nuisances thereon, and that a warrant issue for the collection of said assessment against each lot, part of lot or premises, returnable within sixty days from the date thereof. Ibid. Sec. 23. The City Clerk shall, without delay, after the passage of the order of assessment, make out and deliver to the Assessor and Collector a warrant for the collection of the assessments, containing a true copy of the order of the City Council, signed by the Chap. 34 124 ' Nr iSASHES, Mayor and himself, under the corporate seal, and returnable within sixty days from the date thereof. The Clerk shall take the receipt of the Assessor and Collector for the warrant upon delivery thereof, und charge him with the amount of the same. Ibid. Sec. 24. The Assessor and Collector, upon receipt of the warrant, shall, without delay, cause a notice, signed by him, to be published for two weeks in the newspaper publishing the ordinances of the city, stating that the warrant for the collection of the assess¬ ments made by the City Council against the premises named therein (describing the same, with the name of the owner thereof, if known, and the amount of the assessment as fully as set forth in the warrant), and for the sums set opposite to each, for the costs and expenses of abating nuisances upon such premises, has been delivered to him for collection, and that payment of the same is demanded. Such notice shall be deemed a sufficient demand, and neglect to pay such assess¬ ment for twenty days after the expiration of such notice shall be deemed a refusal. But the Assessor and Collector shall, as far as practicable, make personal demand of payment of the owner of such premises, or his agent, or other person liable therefor, if he may be found within the city. Ibid. Sec. 25. The Assessor and Collector shall, in the collec¬ tion of the warrant, have all the powers conferred on him by law in the collection of general warrants for taxes, and shall perform the same duties and be subject to the same liabilities, and his return may be made in like form. The City Council may, by order or resolution, extend the time of the collection of the warrant. Ibid. Sec. 26. When any warrant shall be returned unsatisfied, in whole or in part, as to any assessment against any lot or premises, or any part thereof, the City Council may, at any time thereafter, by an order to be entered at large upon the journals or record kept by the Clerk, direct the Assessor and Collector to sell the delinquent premises (describing the same, with the name of the owner thereof, if known, and the assessments severally due thereon, and the purpose thereof as fully as set forth in the warrant), or so much thereof as may be necessary for the payment of such assessment and the costs of sale. Ibid. Sec. 27. The City Clerk shall, without delay, after the passage of the order of sale, make out a certified copy thereof, signed by himself and the Mayor, under the corporate seal, and attach to the warrant, and deliver the same to the Assessor and Collector. The copy of the order and the warrant shall constitute the process upon which the Assessor and Collector shall sell the delinquent premises described therein, and they may be sold at any time wdthin two years of the approval or confirmation of such assessment by the City Council. Ibid. Sec. 28. The Assessor and Collector shall then sell the delinquent premises, or so much thereof as may be necessary to pay such assessment and the costs of advertizing the same for sale, he Chap. 14 Nvisancrk. 125 first giving notice of the time and place of sale, by publishing an advertisement at least four times in the newspaper publishing the ordi¬ nances of the city, the first publication to be made at least thirty days before such sale, describing the delinquent lots or premises by figures or otherwise, with the name of the owner, if known, and the amount of the assessments severally due thereon, as fully as set forth in the warrant, and stating that the smallest portion of the lot or premises, to be taken from the east side thereof, will be sold to the person who will take the same, and pay the assessment due against the same for abating nuisances thereon, and the costs of advertising the same for sale. All proceedings may be stopped at any time before sale by pay¬ ment of the assessment and costs of advertising. Ibid. Sec. 29. All subsequent proceedings shall be the same in all respects whatever as in cases of sales for general taxes, and the duties and liabilities of the Assessor and Collector, the City Clerk, the City Council and purchasers, shall in all respects whatever be the same as is prescribed by law or ordinance in sales for general, taxes. ihix p, To. IW Of nc e$&. CHAPTER XV. City Officers. AN ORDINANCE in Relation to the City Officers of the City of fc' w Champaign. I. Municipal G-overrtment, how Composed. II. Officers, to (five Bonaf token. III. Officers, Qualified and Commissioned. III. Commission, Form of. IV. Officers Collecting Money, to Report. V. Salary to he Paid Month ly. VL Records of, Subject to Ex¬ amination. VII, Special Duty, when Per¬ formed. VIII. Office, Vacated when. IX.- Neglect of Duty, Liable for. X. Incompetency of how Pro- X. Charges, Investigations ,1 etc. XI. Officer Accused, Trial of XII. Witnesses at, how Pro¬ cured. XIII. Officer under Charges, to be Suspended.- XIV. Same, Removal of how. XV. The Above Amended. XVI. Officers to Take, an Oath. XVII. & XXL Salaries of City Attorney and Others. XVIII.- Salary of Mayor. XIX. k XX. Salary of Aldermen. XXII. Salary of City Treasurer. XXII1. k XXV. Salaries of City Clerk. XXIV. Salaries of City Supervi¬ sors .. XXVI, Salaries may be In¬ creased or Dimin- is hed. XXVII. Officers to Keep Ac¬ count of Fees. XXVIII. City A ttorney f D u ty a XXIX. Same,Special Duties. XXX. Same, shall Make Report. XXXI. Same, may Appoint Substitute. XXXII. City Engineer, Duty of XXXIII. Same, shall Make and Keep Records* XXXIV. Same, shall Make Surveys. XXX V. Same,shall Establish Boundaries. XXX VI. Same, Clerk to Re¬ turn Records to. XXX VIE City Supervisor, Du- „ Jy »f- XXX I III. Same . may Employ Men. XXXIX. Same, shell Keep an Account Book. XL. Same, shall Exam¬ ine and Certify Accounts. XL I. Same, shall Make Report, when. XLJI. Same , shall Have Control of Streets , XLIIL Street Tax, how CoV lected. XLIV. Bridges , how Con¬ structed* Cftvr. 15 127 Or Fionas. Division I. — Of City Officers in General. Section 1 . (June 16, 1860) — § 1 . Be it or daisied by the City Council of the City of Champaign , That the municipal government of the city shall consist of a City Council, to be composed of the ■mayor and one alderman from each ward. The cityjofficers of the corporation shall be as follows: A City Clerk; a City Marshal; a City Treasurer; a City Attorney; a City Assessor and Collector; a City Surveyor and Engineer; a City Supervisor or Supervisors; who, in addition to the duties prescribed in the act, and the amendments thereto, under which and as which the City of Champaign is incor¬ porated as a city, shall perform such other duties as may be prescribed by ordinance. There shall also be such other officers, servants and agents of the corporation as may be provided by ordinance, to be appointed by the city council, and to perform such duties as may be prescribed by ordan&nce-* Ibid. Sec. 2. The City Council may, by an order, require Aany ■city officer, before entering upon the discharge of the duties of his ■office, to execute bond to the city, in such sum as may be named in the order, and with such sureties as they may approve. But no member of the City Council, or officer of the citv, shall be received as surety on the official bond of any city officer hereby created and provided for, and herein required to execute bond as a city officer. The bond of each city officer shall he conditioned u tJmt he will faithfully execute the duties of his office , and account for and pay over and deliver all moneys and other property received by him on account of the city." All official bonds shall be drawn by the City Attorney, or submitted to him after being drawn up, for his approval of the form thereof, and shall then be submitted to the City Council for their approval, which, when given, the City Clerk shall certify thereon, and shall file and preserve the same in his office. The City Council may at any time require a new bond to be executed by any city officer, if from any cause they shall deem the old bond, or the .sureties thereon, to be insufficient, but the execution of such new bond -shall not, in any maimer, affect any liablity, loss or damage incurred under the old bond, or release the sureties from any liabilities incurred thereon. All bonds and contracts shall be written or [printed,] or partly both, in a plain and legible manner. Ibid. Sec. 3. When any city officer shall have qualified as re¬ quired by the charter and ordinances of the city, the City Clerk shall make out and deliver to him a commission under the corporate sea! of said city, if said city shall at the time have a corporate seal, and in •case the city shall have no corporate seal, then under the private seal of the Mayor of said city. The said Clerk certifying that the said city has not, at the time, any corporate seal, said commission shall be signed by the Mayor or presiding officer of the City Council, and the City 'Clerk. The commission may be substantially as follows, to-wit: ”*^6 'Charter, $ 1. Art. JI. 128 CiiAiv K o. OFE'ICEKS _ “A. B., Mayor of the City of Champaign , to all whom these presents ' shall come, Greeting : Knew ye, f/mf (7. Z>., having been duly (elected or appointed, as the ease may be), and qualified to the office of - -, 0 / the City of Champaign , /, M. />., Mayor (or Acting Mayor, a* the case may be,) of said city, for and in behalf of the people thereof, do hereby' commission him - ---- in and for said city; to have and possess the said office, with all the rights, powers and emoluments incident thereto, with authority to execute all the duties thereof accord¬ ing to law, until liis successor shall be duly chosen and qualified. In testimony whereof, 1 have hereunto set my hand, dnd caused the corporate seal of said city (if any) to be affixed - this - day of --, A. LK 186—. E. T., City Clerk. A. B., Mayor. Ibid. Sec. 4. All officers collecting or receiving any moneys on account of the city shall pay the same, as fast as colletced, into the city treasury, in same hind of funds as received by them, and shall, on the first Monday of each month, report to the City Council an accurate statement of all moneys received by them for the preceding month, specifying the amount, from whom, and on what account" received. No officer shall retain any moneys collected or received by him, towards the payment of any salary or fees which may be coming to him from the city, but shall pay the same into the treasury. Any officer violating any provision of this section shall he subject to a penalty of not less than ten dollars. Ibid. Se€. 5. The salaries of ail city officers, unless otherwise specially provided, shall be payable monthly, on the third Monday of each month, and they may present their accounts to the City Council or City Clerk for adjustment or payment; but no warrant shall be drawn in favor of any officer for bis salary until he shall have filed his report as herein required, nor shall any warrant, m any ease, be drawn in favor of any officer who shall be in default or arrears with the citv. %/ Ibid. Sec. 6. The records, books and papers pertaining to any citv officer shall at all seasonable times, be subject to the inspection and examination of the Mayor, the [City] Council, or any of its committees, or any person interested in the same, and all city officers shall, when requested, give all the information in their power, pertain¬ ing to their respective offices, to the City Council, or any of its committees, or -any other department of the city government. Ibid. Sec. 7. When any particular officer, required by ordinance to execute any particular duty, shall be absent, or incompetent, or otherwise unable to? discharge such duty, the Mayor, or Mayor pro tern., may assign the discharge of such duty to some other officer, and such officer shall act in such case with the same powers and authority as if specially named in the ordinance. Ibid. Sec. 8. If any city officer shall remove from the city, or absent himself therefrom for three months, his office shall be vacated. Chap. 15, Officers. 120 Ibid. Sec. 9. All officers shall be liable to the city for all loss i/ or damage that may arise from their negligence or willfull misconduct, in the discharge of any official duty, and the City Council may, in their discretion, by order, withhold the salary of any such officer, in order to secure the city from loss; and if any officer shall fail, neglect or refuse to discharge or perform any duty required of him, the City Council may employ or appoint some competent person to perform such duty, and the costs and expenses of doing the same shall be charged to such officer and deducted from his salary, or, if his salary shall be insufficient to pay the same, they may be collected from him and recovered by suit in the name of the city, before any court having jurisdiction. Ibid. Sec. 10. Whenever it shall come to the knowledge of the Mayor, or any member of the City Council, that any city officer is incom¬ petent, or has wilfully neglected or refused to discharge any of the duties of his office, or has been guilty of any malfeasance, in’sf a ance, or other improper conduct in the discharge of his official duties, he shall forthwith prefer charges in writing against such officer to the City Council, specifying the nature of the offence or offences with which he is charged. The City Council shall immediately thereupon appoint, by ballot, a committee to consist of three members, to examine into such charges, and who, if upon such examination they shall deem well founded, shall frame such charges with such additional charges as they may find probable cause for preferring, with specifications, and repoit them to the City Council ; whereupon the City Council shall set a day for hearing and determining the same, within ten days. A copy of the charges, with the specifications, with a notice of the day set for hearing the same, shall, without delay, be made out by the City Clerk and delivered to the accused. Upon the day appointed the City Council shall proceed to hear and determine concerning such charges, and hear and examine all evidence that may be offered on both sides, and may, if necessary, adjourn from day to day, and shall, upon con¬ cluding such examination, vote by “ayes and nay I' upon the charges, whether the accused is guilty. The question upon each charge shall be : Is the accused guilty V' And if a majority of the aldermen re¬ quired to be elected by law, shall vote that he is guilty of any charge preferred, they may resolve that he be removed from office, and shall thereupon proceed to fill such vacancy according to law. The pro¬ ceedings shall be entered at large upon the journals by the City Clerk. Ibid. Sec. 11. The accused shall be heard, if he shall so desire, by himself or council in his defense, and the City Attorney, if required, shall attend and prosecute on behalf of the city. But no exceptions shall be taken to the form of the charges or specifications, and it shall be sufficient if the offience charged is clearly and substantially set forth. *Ibid . Sec. 12. The'Mayor shall issue warrants under the corpo¬ rate seal, (if any,) for all witnesses or the production of all papers 17 Chap. 15. 130 0 rEiOEK.a tliat may be required either before the city council or before the special committee, and deliver the same to the City Marshal, who shall serve the same by reading or by delivery of a copy thereof, to the person summoned, and shall make a return in what manner he has executed the same. And any person who shall neglect or refuse to appear, or to testify when so required, or to produce any papers which he may have in his possession or under his control, pertaining to such trial, shall be subject to a penalty of not less than fifty dollars, and may be compelled to appear or testify in any other legal manner. When any witness may be unable to attend from sickness or any other cause, or is beyond the jurisdiction of the City Council, his deposition, taken in accordance with the laws of this State, may be read in evidence. 1 bid. Sec. 13. When any charges shall be preferred, the officer shall be immediately suspended until they are disposed of, and the City Council may make a temporary appointment to fill such vacancy. If any officer shall, without good cause, neglect to appear at the time appointed, and answer the charges against him, his office shall be declared vacant. Any officer who may be removed from office, shall not receive any salary from and after the date charges are prefered against him. Ibid. Sec. 14. Any city officer authorized or required by the city charter to be appointed by the City Council, may be removed from office at any time by a vote of a majority of the aldermen re¬ quired by law to be elected. But the City Council may, at its option, .cause charges to be preferred against such officer, and proceed to hear and determine the same in the same manner as is prescribed in the tenth section hereof. Sec. 1. (July 8, 1871) — § 15. That section fourteen of an ordinance entitled “an ordinance in relation to the city officers of the City of Champaign,” passed June 16th, 1860, be so amended that the words “a majority,” occuring in third line of said section, be stricken out and the words “three-fourths” inserted in its place. Sec. 1. (July 2, 1860) — § 16*. That all officers of the city ap¬ pointed by the City Council, shall, before or upon entering upon the discharge of the duties of their respective offices, take an oath for the faithful performance of the duties of the same. Division II. — Salaries and Fees. Section 1. (July 12, 1871) — § 17. The salaries and compen¬ sation of city officers shall be as follows, to-wit: That for the cur¬ rent municipal year, and for each and every year thereafter,the City Attorney of the City of Champaign, shall have and receive a salary of three hundred dollars, payable quarterly, and no more for all services required of him to be rendered as such City Attorney by the charter and ordances of said city, excepting services rendered by him for the city in courts of record ; and he shall have and receive, in addition to said salary, reasonable fees for such services as he may Chap. 15. 131 Officers. render for the city in courts of record, and for such services as are not required of him as aforesaid. Sec. 1. (May 8, 1809) — § 18. That the salary of the Mayor of said city be two hundred dollars per annum. Sec. 2. (May 8, 1869) — § 19. That each of the Aldermen of said city shall receive the sum of two dollars for each regular meeting, and the sum of one dollar each for all special meetings'of the City Council, and the sum of five dollars each for service on any standing committee, and a like sum for service on any special committee. Sec. 3. (May 8, 1869) — § 20. For any other special service rendered said city by any member of the City Council, by order of the Mayor or City Council, he shall receive such compensation as the City Council may deem reasonable. Sec. 1. (June 15, 1861) — § 21. The City Marshal shall receive such fees and emoluments as the City Council may direct.* The City Surveyor and Engineer shall receive such fees for [his] services as may be provided by the City Council. The City Assessor and Collector shall receive such per cent, as the City Council may provide, from time to time, for such services as [he] may perform. The City Marshal and Police Constable shall receive the same fees, to be charged and collected in the same manner as other Con¬ stables. Sec. 1. (- 7,1862) — § 22. That the City Treasurer shall be allowed three per cent, on all moneys received and paid out by him, in the discharge of the duties of his office. Sec. 1. (April 23, 1864) — § 23. The City Clerk shall receive a salary of forty dollars per annum. Sec. 2. (June 30, 1869) — § 24. The City Council shall have power to fix the salary of the City Supervisor, by resolution. Sec. 17. (June 16, 1860) — § 25. The City Clerk may charge and receive the following fees, to-wit: For copies or exemplifications of any records of his office, fifteen cents for every one hundred words; for certificate of authentication, under the corporate seal, fifty cents; for any official certificate, without the corporate seal, when not required for public use, twenty-five cents; for administering an oath and attest¬ ing the same, when not done for the use or on account of the city, twenty-five cents; for cancelling each tax or other certificate of sale, fifteen cents. But neither he nor any other city officer shall, in any case, be entitled to charge any fees against the city for any services performed for the use of the city, in the discharge of his official duties. Sec. 16. (June 16, 1860) — § 26. The City Council may increase or diminish the salaries of city officers at anytime, in their discretion, but no ordinance changing the salary or compensation of any officer shall be retrospective in its operation, but such increase or diminution of salary or compensation shall take effect from the third Monday of * | 20. Chap XVII., pern*. Chat. 15. 132 Officers. the next month succeeding, after the passage of the ordinance chang¬ ing such salary or compensation. Sec. 18. (June 16, 1860) — § 27. All city officers receiving fees as part of their compensation, shall keep an accurate account thereof, and shall, at the end of each year, report to the City Council the amount of fees of all kinds received by them during the preceding year. Division III. — City Attorney. Sec. 19. (June 16, 1860) — § 28 The City Attorney shall be licensed to practice in the courts of the State, and shall prosecute or defend, in behalf of the city, in all cases in which the interests of the city, or the official acts of any officer or agent of the city, are involved. He shall, when required, advise the City Council, or any of its com¬ mittees, or any city officers, in relation to all matters of law arising in which the interests of the city are in question. He shall examine all assessments and tax lists, or other papers, in relation to the assess¬ ment or collection of taxes or assessments, and approve the same, or draft any ordinance, bond, contract, or other instrument of writing, on behalf of the city, or examine and approve the same, when required by the City Council, or any of its committees, or the Mayor. Sec. 20. (June 16, 1880) — § 29. He shall, when required, pros¬ ecute any suit brought in the name of the city, before any Police or other Magistrate, for the recovery of any penalty or otherwise. He shall cause execution to issue upon all judgments recovered in favor of the city, and attend to their prompt collection, tie shall report to the City^ Council, or the Mayor, all cases in which he shall deem it expedient to take any appeal or writ of error on behalf of the city, and the City Council may, by an order or resolution, authorize the same to be done; and the Mayor shall enter into such bond or other obligation on the part of the city, under the corporate seal, and with such sureties as may be necessary; and such sureties shall be indemni¬ fied by the city from all loss or damage. He shall prepare and file all necessary papers in all cases in which the city is a party or inter¬ ested. The City Clerk shall deliver to him any bond or other paper necessary to be used in any suit or other proceeding, taking his receipt for the same. Sec. 22. (June 16, 1860) — § 30. He shall report to the City Council, without delay, after the adjournment of each term of any court of record, and at such other times as he may be required, the state or disposition of all cases of the city pending in such court. He shall examine all fee bills of officers of courts and others, and certify to the correctness of the same, and the liability of the city therefor. But no fee bills for cost for the prosecution of any citizen of the city, for any criminal offense, in the Circuit Court of Cham¬ paign county, or for jail fees, shall be certified to or paid, unless the offender shall have been duly convicted, and such costs cannot be col¬ lected from him. Sec. 23. (June 16, 1860) — § 31. The City Attorney may, in case of temporary absence, or otherwise being unable to attend to the Chai\ 13. 1 lj.) Officers. duties of his office, with the consent of the Mayor, and at liis own expense, appoint some competent attorney to act in his place. The City Council may authorize the retaining of assistant counsel when deemed expedient. Division IV. — City Engineer. Sec. 24. (June Id, 1880) — § 82. The City Engineer or Sur¬ veyor shall, when required by.the Mayor, the City Council, or any of its committees, make out plans, estimates and specifications for public work, which may be ordered or proposed by the City Council, and superintend the construction thereof. He shall, when required by the City Council, make surveys of the grades or boundaries of streets or alleys, and prepare plats or profiles thereof, and report the same to the City Council, and no such survey of any grade or boundary shall be established and valid, until the plats or profiles thereof shall be reported to and approved by the City Council. He shall, when required, receive, inspect or measure any lumber, or other materials to be used for any public work, and, if necessary, shall keep an accu¬ rate account, in a suitable book, of the quantity and quality of the same, and from whom received, and the cost thereof, and also for what purpose used, or to be used, and to whom delivered. He shall examine all accounts for materials received by him on account of the city, and if correct, certify the same to the City Council. Sec. 25. (June 16, I860) — § 88. He shall preserve in his office all records and plats of surveys, and all books, papers and writings pertaining to his office. He shall make out and keep a diagram or plat of all the grades and boundaries of streets and alleys established by the City Council, correcting the same when any grade shall be changed, and adding thereto when any new grade or boundary shall be established, and he shall record, in a suitable book, the profiles and notes of all surveys of grades and boundaries established, and shall preserve the original papers relating thereto, and shall otherwise keep a systematic record of all the transactions pertaining to his department. Sec. 26. (June 16, 1860) — § 84. He shall make all surveys in the city that he may be called upon to make, and shall employ, at his own expense, the necessary chain-men and other assistants, who shall, before entering upon their duties, be sworn, before him or any person authorized to administer oaths, “to measure accurately and justly, and co perform their duties to the best of their knowledge and ability.” He shall acquaint himself with the original surveys of the town and city, and shall, as far as practicable, provide himself with copies of the field notes of the original surveys, and shall make his surveys in accordance therewith; and he shall note all errors and discrepancies in the original survey or surveys as soon as discovered. Sec. 27. (June 16, 1860) — § 85. He shall, upon finding or establishing the boundary of any lot or tract surveyed, plant a sub¬ stantial stake or stone at each corner thereof, and give to the owner Chap. 15. Officers.. 154' or person employing him, if required, a certificate, stating the date, and as far as practicable, the metes and bounds of the survey, and he shall record all such surveys in a suitable book, stating the date of the survey, for whom made, and describing, as far as practicable, the metes and bounds thereof. Sec. 29. (June 16, 1860)—§ 36 : . The City Clerk shall return to the City Surveyor and Engineer all plats and other papers pertain¬ ing to his department, as soon as the City Council shall have no further use for them. Division V. — City Supervisors. Sect. SO. (June 16, 1860) — § 37. The City /Supervisor shall superintend all improvements ordered by the City Council upon the streets and alleys, and make all necessary repairs thereof; but no improvement or repair, except such repairs as may be actually neces¬ sary, shall be made without the order of the City Council; and shall y without delay, cause all breaks in any planked street or alley, bridge, culvert, apron or street-crossing, or other insecure or unsafe place, to- be repaired, and report the costs thereof to the City Council for allowance. And when the probable cost of any such repair shall exceed twenty-five dollars, the same shall be made with the concurrence of the Mayor, or of the Committee on Streets and Alleys. He shall annu¬ ally, as early as practicable in the spring of the year, under the direction of the Mayor, or Committee on Streets and Alleys, cause the streets and alleys, where needed, to be cleansed, and the gutters- to be opened; and he shall, so far as it is practicable, keep them in that condition during the year. He shall, from time to time, examine into the condition of the streets and alleys, bridges, culverts, cross¬ walks and sidewalks, and report the same to the City Council, and recommend such improvements or repairs as he may deem needed.* Se€. 31. (June 16, 1860) — § 38. He may, by authority of the City Council, when the street labor shall be insufficient for repairing the streets, employ such laborers and carts and teams, as may be deemed necessary by the City Council, and at such price as may be fixed by them, not exceeding the usual rates paid by others for similar labor and service. He shall oversee and direct the street laborers and workmen in the employ of the city, and require them to labor faithfully, and shall keep a correct account of their time in a suitable book. He may procure the necessary implements for performing street work, or materials for bridges, culverts or cross-walks; but he shall purchase no implements or materials without making his written requisition to the Mayor, and getting his order therefor. Sec. 32. (June 16, 1860) — § 39. He shall keep, in an appro¬ priate book, and in such manner as maybe required by the Committee on Finances, a plain and accurate account of all expenditures made under his supervision, specifying to whom made, for what purpose, and to what ward chargeable. He shall keep a correct list and * Actions will lie for damage resulting from negligence, from failure of Supervisor to repair. Se«- fcrown vs. Springfield, 17 Ill., 143; City of Champaign vs, Patterson, 50 I1R 61.. IS. Officers. account of all implements, materials and other property of the city in their charge, and shall be accountable therefor; and shall deliver the same to his successor in office, taking his receipt therefor, which he shall file with the City Clerk, who shall credit him with the same, and ^charge his successor therewith. When he shall purchase any imple¬ ments on account of the city, he shall immediately report the bill thereof to the City Clerk, who shall charge him with the same at cost. He shall cause all implements belonging to the city to be legibly marked with the letters U C. C.” Sec. 33. (June 16, 1860) — § 40. He shall examine all accounts •of contractors and others for work pertaining to his department, or for implements and materials furnished therefor, and if correct certify the same to the City Council. Sec. 34. (June 16, 1860) — § 41. He shall, on the first Monday of each month, report to the City Council a statement of all expendi¬ tures under his supervision for the preceding month, specifying the purpose of such expenditure, and the ward in which the same was made, and, if required, the person to whom made. No account pre- •sented or certified shall be allowed, or warrant issued thereon, unless it shall be so rendered as to show to what account and ward it is ■chargeable. Sec. 35. (June 16,1860) — §42. The City Supervisor shall cause •all ordinances in relation to the streets and alleys, and sidewalks, to be enforced, and shall prosecute all violations thereof. He shall obey all such orders, general or special, as he may receive from the City Council, the Committee on Streets and Alleys, or the Mayor, and for refusal or willful neglect to perform any duty required of him by the charter, or any ordinance, he shall be subject to removal from office. Sec. 36. (June 16* 1860) — § 43. The City Council shall, as soon as practicable after the commencement of each fiscal year, appro¬ priate from the general fund an amount to be expended in improving ■and repairing the streets and alleys, setting apart to each ward a sum •equal, as near as may be, to the proportion of general taxes paid by such ward. Street taxes shall be exclusively expended in the wards in which the persons paying the same reside. The City Clerk shall credit each ward with the amount of such appropriation and street taxes paid, and charge it with the amount of all warrants drawn •against it. The City Clerk shall immediately notify the Mayor, or City Council, when any such appropriation is exhausted, and thereafter no warrant shall be drawn against the same until the further order of the City Council; and no new contracts shall be let or improvements •ordered, except for such repairs of the streets and alleys as may be actually necessary. Sec. 37. (June 16, 1860)—.§ 44. When any bridge, cross-walk, culvert, or other street work, shall be ordered by the City Council, the location and manner of constructing thereof shall be designated in the order. Cross-walks shall be constructed not less than three, nor exceeding eight feet in width, and shall be so laid as not materially Cm at. I Ill., 87; Main vs. McCarty, L r > Til.. 44V. 4 Rotors to £ TO. f ’o LTC'£ (.) KPA UT.MK.Vr, (/MAP. f7„ [Cl seal and signature of the Mayor, a suitable number of temporary watchmen, or policemen, whose powers, duties and liabilities shall be the same as other watchmen and Police Constables, and who shall take and subscribe the same oath, and may be required to execute bond to the city in like manner. The persons so appointed shall receive such compensation as may be agreed upon, or as may be provided by the City Council, and the City Council may continue or discontinue the same in its discretion. Division II.— Police Magistrates. Sec. 12 . (July 14, I860) —§ 14. All suits or actions for the recovery of any line, penalty or forfeiture, arising under the city charter, or the ordinances of the city, where the amount sued for, or in controversy, does not exceed one hundred dollars, may he brought before any Police Magistrate of the city, or before any justice of the- peace in the city, designated by the City Council. Sec. 18. (July 14, I860)'—§15. Before any suit shall be brought in the name of the city by any Police Magistrate, or justice of the peace, for any fine or penalty, the City Attorney, or other officer or person prosecuting, shall file a statement, signed by him, substantially as follows, to-wit i AL A. B., H To the City of Champaign r Dr. “ To - dollars , for a violation of the —- section (or sections), of an ordu nance of the City of C hampaign, entitled (here set forth the title of the ordinance), passed on the — day of --, 186— (or of the city charier, as the case may he ), in this, to-wit: that the said A. B,, on or about the — day of — A. D. 186 — r before the commencement of this suit, did, at the City of Champaign (or within the jurisdiction of said city), (here state the particular violation or violations Cum-- plained of as near as may bt, in the language of the ordinance or city charier). 11 Signed , C. DC Sec. 14. (July 14, I860) —§ 16. Upon affidavit being made by any person, of the violation of any ordinance by any other person,, stating the nature of the violation,, and that the offender is a non¬ resident of the city, or is about to leave or remove from the cily, or that there is otherwise danger that the debt or penalty will be lost to the city, unless the defendant be arrested and held to bail, stating the ' # 7 O cause of such danger, to the satisfaction of the court; or, if it shall appear from the affidavit that the offense committed is an assault, breach of the peace, or other offense in which a warrant is authorized to be issued by the laws of the State, a warrant may be issued for the person accused as in other cases.* Sec. 15. (July 14, 1860) — § 17. No process shall be necessary where the person is legally arrested without warrant, and brought before the court; but the officer making the arrest shall, unless waived by the person arrested, return a written statement of the cause, time- and place of arrest, and a note thereof shall he entered upon the- * See Gross’ Statutes, 1871, ? 119, paRe 407; also pome, J 28, pajre .190; also er part* Smith. 10 Til., 347.. Hid MeKiitdley rr. Ttising:, 28 Til., 337. PoUCK 1)EPAICI'MEHT. . Chit, IT. 143 docket of the court, but in all cases the statement required by the thirteenth section hereof, shall be made out, signed and filed as therein described. Sec. 16. (July 11, 1860) — § 18. Any person who n\ay be arrested by, or in the custody of an officer, for the violation of any ordinance of the city, may release himself from custody or imprison¬ ment 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 conditione 1 that he will appear before the Police Magistrate or court, named therein, at the time named therein, 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 recognizance shall be filed 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 conditions thereof, the same shall be adjudged forfeited, and suit shall forthwith be brought thereon against tiie offender, and his surety or sureties, for the full amount of the penalty thereof, and judgment 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. 17. (July 14, 1860)—-§ 19. 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 City Attorney. Sec. 18. (July 14, 1860) — § 20. Witnesses and jurors attend¬ ing before any Police Magistrate, in any suit or action for any fine or penalty arising under the ordinances of the city, shall, in case judg¬ ment is obtained against the offender and collected of him, be entitled to the same fees as in like cases before justices of the peace; but no costs of any kind shall be taxed against or collected of the city. Sec. 19. (July 14, 1860) — § 21. The City Attorney shall not be compelled to bring or prosecute any suit in any case where he and the court may be satisfied that the complaint is instituted maliciously or vexatiously, and without any probable cause, and that the interests of the public, or of the city, will not be subserved thereby; and if any person, charged with any offense, shall, upon his trial therefor; be acquitted, and it shall satisfactorily appear to the court that the com¬ plaint or prosecution was instituted maliciously or vexatiously, and without probable cause, judgment may be rendered against the com¬ plainant or prosecutor for the costs arising in the case, and execution issued for the collection of the same. Sec. 20. (July 14, 1860) — § 22. When any person shall be committed by any court or Police Magistrate, for the non-payment of any fine or penalty, the City Marshal or any Police Constable may take such person from the county jail, or other place of confinement, and deliver him, with a copv of the execution, and with the amount Police Department. V •PflAP. 17. of fine and costs, into the custody of the City Supervisors, or either of them, or any other person having charge of any of the public works of the city; and the Supervisor, or such other person, shall receive the person so committed into his custody, and receipt for him, and shall enter in a book the amount of the fine and costs, and the number of days which the person will be required to labor to discharge the same, at the rate of one dollar for each day he shall diligently labor; and he shall compel such person to labor on the streets and alleys, or any other public works of the city, for ten hours in each day, and shall credit him with one dollar for each dav he shall so diligently labor, and shall discharge him when he shall have labored out his fine and costs. Sec. 1. (May 19, 1868) — § 23. When any person is delivered to the City Supervisor, or any person having charge of any of the public works of said city, in pursuance of section twenty of the ordi¬ nance to which this is an amendment, for the purpose of being com¬ pelled to labor, in pursuance of said section, that said Supervisor or other person may, if in his or their judgment necessary to enforce obedience, or prevent escape, secure the person so required to labor, by fastening to the leg, immediately above the ankle, a chain with a ball attached, of sufficient weight to prevent the escape of such person, and the person so required to labor shall wear such ball and chain during the time he is out of confinement, for such purpose; but said Supervisor or other person shall not, in fastening upon or removing said ball and chain from such person, wound or bruise the flesh of such person, or thereby be guilty of any personal violence or cruelty to such person, under a penalty of not less than twenty-five dollars for each offense. Sec. 21. (July 14, 1860) — § 24. Any person so committed who shall refuse to labor, or who shall conduct himself in a riotous manner, or shall refuse to obey the orders of the Supervisor, or other persun having him in charge, or shall resist him, or attempt to escape, shall not be entitled to any credit on his [fine], and may be recommitted to the county jail, or other safe place of confinement, until he shall consent to labor. If any such person shall escape he shall forfeit the whole of his labor performed, and if retaken shall work out the whole amount of the fine and costs for which he was originally committed. Sec. 22. (July 14, 1860) — § 25. Any person committed may, any time, pay the amount of the execution and costs, and upon the payment being, made, or upon his working out the amount of the fine and the costs against him, or otherwise being entitled to his discharge, the Marshal, Supervisor, or other officer or person having him in cus¬ tody, shall, if required, give him a written discharge and set him at liberty. Sec. 23. (July 14,1860) — § 26. The Supervisor, or other officer or person, having any person so committed into his custody for the purpose of laboring out his fine and the costs, shall furnish him with comfortable lodging and plain, wholesome food, for which he shall be Cwxf*. ir. u; Poi.ict: Dkpautmkmt. allowed forty cents a day, to be paid by the person so committed; and if he shall not pay the same it shall bo paid by the city, and charged to him and labored out in the same manner- as his fine, or he may commit such person to the county jail or other secure place for safe keeping, when not laboring, and take him therefrom each day for the purpose of laboring. Sec. 24. (July 14, 1860) — § 27. The Supervisor, the Marshal, or other officer having such person in custody, shad, from time to time, report to the City Council the names, the amount of the fine, the manner of discharging the same, a id the number of days’ labor performed ; and if any person so committed shall escape, the officer or person having him in custody shall immediately notify the Mayor and Marshal thereof, giving the Marshal a description of such per¬ son. Sec. 25. (July 14, 1860)—-§ 28. Until a city prison shall be provided or established by the City Council, any person arrested or in custody for the violation of any law‘or ordinance of the city, may be placed in the county jail of the county of Champaign for safe keeping, until he can be brought before a competent court or magis¬ trate, a id any person committed in default of the payment of any fine, forfeiture or penalty, arid costs recovered against him, may be confi >ed in such county jail, subject to labor as herein required. Sec. 1. (June 15, 1861)—-§ 2d. The City Marshal, or any other Constable, shall be allowed ten per cent, on all fines prosecuted by them, and collected and paid over to the City Treasurer, in lieu of all costs and charges against the city. Sec. 27. (July 11, 1861)—*§ 30 Any Police Magistrate or other officer collecting fi ms or moneys on account of the city, shall pay the same into the city treasury as fast as collecte l. The Police M i.gistrate before whom any suit or suits may be brought, in the name of the city, for the recovery of a \j fines or penalties,, shall, quarterly, on the first Mon lays of* March, June, September and December, in each year, report to tire City Council a list of all the suits brought in the name of the city, since his last report, with the disposition made of each case, the amount of the fine imposed, if any, the name of the officer charged with the collection of the same, by whom, and the ainou it collected, and the amou it of percentage hie to such officers ; also, the amount collecte 1 since his last report, upon any judgment, for any fine rendered prior to such report, with the amount of the percentage due the proper officer thereon; and, upon the approval of his report, the City Council shall order the amount of percentage to be paid to the officer entitled thereto. If any Police M igistrate shall neglect or refuse to hold a Police Court at any ream mble time, when required, or shall refuse to accept any allowance made by the City Council, in lieu of all costs and charges against the city, or shall neglect or refuse to pay over any moneys collected by him, or make his quarterly report as is herein required, the City Council may order ali suits, in the name of the city, 19 t'fiAC. 18. 14« Uaii.hoad*. for the recovery of any fine or penalty, to be brought before some other Police Magistrate, or justice of the peace, who shall agree to comply with the requirements hereof, and before whom all suits, in the name of the city, for the recovery of any line, forfeiture or pen¬ alty, shall be brought. If any Police Magistrate, or other officer, shall neglect or refuse to pay over any fine, or any moneys collected by him, on account of the city, legal proceedings may be commenced at any time to compel *ueh payment. PH AFTER XVIII Railroads. AN ORDINANCE in Relation to Railroads. L II. Rate of Speed in City. Crossings , Cars not to Stop 071. III. IV. Proceedings against , how Con - ducted. Fines , how Collected. Section 1. (Nov. 25, 1863)-—§ 1. Be it ordained by the City Council of the City of Champaign , That no train, locomotive, cars or car, shall be run upon any railroad, railroad switch or side-track, within the corporate limits of said city, by any person or persons, at a rate exceeding five miles an hour, under the penalty of a fine of not less than twenty-five dollars for each offense. Ibid. Sec. 2. That no train, locomotive, cars or car, shall be allowed to stand upon any railroad, railroad switch or side-track, within the corporate limits of said city, where there is a street of said city crossing such railroad, railroad switch or side-track, for more than five minutes at one time, under a penalty of not less than twenty-five dol® lars’ fine for each offense. Ibid. Sec. 3. That if the owner of any such railroad, railroad switch or side-track, upon which offenses may be committed, as men¬ tioned in sections first and second of this ordinance, be a corporation, it shall be liable to a fine, the same as an individual, and the suit shall be commenced against such a corporation in its corporate name ; and service upon any of its agents, clerks or authorized officers, by leaving a copy of the writ with such agent, clerk or authorized officer, will be sufficient to maintain the suit, and such corporation shall be fined according to the provisions of said first and second sections: Provided , that if the owner of any such railroad, railroad switch or side-track, upon which offenses may be committed, as mentioned in said sections first and second of this ordinance, be not a eroporation, that then the person or persons connected with such train, locomotive, cars or car. ft Chap. 19. 147 Siri¬ us conductor, engineer or superintendent, shall be arrested and fined, as provided by said sections, according to the offense, the proceedings being the same as required in cases of ordinary violation of the city ordinances of said city. Ibid. Sec. 4. That if a corporation is fined under the provisions of this ordii ance, such fine may be realized by a levy upon and sale of any personal property within the corporate limits of said city, belong¬ ing to such corporation, the execution and the proceedings thereunder being the same as by law is required under an execution issuing from a justice of the peace in this State. CHAPTER XIX. Seal. AN ORDINANCE Defining and Establishing the Corporate Seal of the City. I. Seal Described. II. Official Paper to be Sealed by Clerk. Section 1. (June 16, I860)*—§ 1. Be it ordained by the City Council of the City of Champaign , That the corporate seal of the City of Champaign shall be of circular shape, with the words—* “Corporate Seal of the City of Champaign, i860” — engraved on the face thereof. Ibid. Sec. 2. The City Clerk shall prepare all commissions, or other official documents, required to be issued, and affix the corporate seal thereto, and attest or countersign the same. He shall affix the corporate seal to all official acts of the Ma} r or 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 required by any officer or other person. But in no case shall the impression of the corporate seal be binding upon the city, unless it be authorized by the charter or ordinances of the city, and it attested by the signature of the City Clerk. Chap. 20. 148 Skw tits. CHAPTER XX. Sewers. AN ORDINANCE in relation to Sewers, and Establishing the First Sewerage District. O I. I. II. II. III. IV. Sewers, Petition for and Con-} straction of. Same, Cost of\ how Paid. Same, may Borrow Money for and Issue Bonds. Same, Name of Bonds and ivhen Payable. Same, Bonds for, how Paid. Same, “ Interest on, how Paid. VI. Same, Lateral, /mw CW- sir acted.. VII. Private Property, how Brained. VIII. Intersections of Sewers,how. IX. Sewers, Repairs upon, how Made. X. Private Brains, hoiv Made. XI. Sezvers, Cesspools not to be Brained into. V. VI. Same, City Engineer to Re¬ port of. Same, Material of and Con¬ struction of. XII. Petitions for, to be Filed. XIII. Sezvers, Map of , Kept by Engineer. XIV. First Saver age Bist., Lim¬ its of. Section 1. (May 15, 1862) — § 1. Be it ordained by the City Council of the City of Champaign, That whenever a majority in number of the owners of the real estate situated and embraced in any sewerage district, established by ordinance, shall petition to the City Council for the construction, extension, enlargement or alteration of any sewer, or part of a sewer, within such district, the City Council may, by ordinance, order and direct and provide for the construction, extension, enlargement or alteration of such sewer, or part of a sewer, by letting the same by contract, in the same manner as the other public works of the city, or in such other manner as may be prescribed. And to defray the costs of the construction, extension, enlargement or alteration, a tax not exceeding five mills on the dollar, per annum, shall be annually assessed upon the real estate within such sewerage district, according to the assessed valuation thereof, and collected in the same manner as other general city taxes, until the total cost of the construction of such sewer, or the debt with the interest thereon which may be incurred therefor, shall be fully paid, and such tax shall be a lien upon the real estate of the district in which it is levied and assessed. Ibid. Sec. 2. The Mayor, when authorized by ordinance, may, with the concurrence of the Committee on Streets and Alievs, borrow money upon the credit of the city to such amount as may be necessary to defray the cost of the construction of the sewers ordered in any sewerage district of the city, and issue, sell or dispose of the bonds of the city therefor to the best advantage. Such bonds shall be designated “sewer bonds’’ of District No. — (according to the Chap. 20. St'ff UO number of the district for which the same were issued) and shall be dated the day of issuing or delivery thereof, and signed by the Mayor and City Clerk, under the corporate seal, and shall be payable, either in gross or by installments, in not less than two nor exceeding ten years, and bear interest at not exceeding the rate of interest authorized by the city charter, payable as may be agreed upon, not oftener than semi-annually, and the principal and interest payable at such place within the United States, to be named on the bond, as may be agreed upon. Ibid. Sec. 3. The principal and interest Which may become due upon such bonds shall be payable from the special tax of five mills to the dollar per annum upon the assessed valuation of all the real estate within such sewerage district, which tax shall be thereafter annually assessed and levied thereon, and collected therefrom, until the whole of the principal and interest accruing and due upon such bonds shall be paid. The proceeds arising from the sale or disposition of such bonds shall be pai 1 into the city treasury, to the credit of the sewerage district for which the bonds were issued or sold, and shall be exclusively expended and applied toward the construction of the sewers ordered in such district. Ibid. Sec. 4. The City Clerk shall annually enter, in the appro¬ priate'column, in the Assessor’s and Collector’s warrant, the tax of five mills to the dollar upon the assessed valuation of all the real estate within a ly sewerage district herein provided for, or such percentage thereof as may be necessary to meet the payment of any installment of principal and interest for that year, and such tax shall be collected by the Assessor and Collector in the same manner in all respects as general taxes, and paid into the city treasury to the credit of the sew¬ erage district paying the same, and the Treasurer shall keep a separate account thereof. Ibid. Sec. 5. The City Engineer, or other officer having charge of the construction of any sewer, shall, from time to time, when required by the City Council or Mayor, report the costs and progress thereof, and he shall, without delay, after the completion of such sewer, report the total costs thereof to the City Council. The City Clerk shall keep a separate account with each sewerage district, and such district shall be charged with all the expenditures made on account of the construction of sewers therein, and credited with all taxes or moneys received on account thereof. Ibid. Sec. 6. All sewers ordered and provided for by the City Council shall be constructed of such form, dimensions and material, of the best quality, laid in such manner, and to such thickness, and grade and depth below the surface as the Committee on Streets and Alleys may prescribe, or as may be provided by ordinance. All sew¬ ers shall be laid to such depth below the grade of the streets as will effectually drain such lateral sewers as may be conducted thereinto, and the cellars and grounds of the lowest part of the district in which they may be located; and suitable wells, “man-holes,” stench-traps and t'Mir. 20. Skvvkss, 150 inlets, properly secured with coping-stones, iron grates or plate-covers, shall be constructed, when necessary, at proper intervals. If any sewer will probably require to be extended, or the construction of lat¬ eral sewers leading thereinto, it shall be built with reference to such extension or lateral sewers, and suitable openings shall be left in the sides of such sewer, at and under the intersections of the streets crossing the same, to admit of the proper connection with such lateral sewers as may thereafter he constructed in such cross streets; such opening shall he sustained by a brick arch or ring, and the spaces- tilled with brick, so laid as to bo capable of removal without impairing the sewers or arch; for the purpose of carrying off surface drainage, suitable graded openings shall be made at proper distances; such openings shall be securely roofed or covered with cast iron, or stone, or other suitable materials, and shall connect with pipes or lateral drains of such construction and dimensions, laid with such descent or grade as will carry all the surface water into the sewer. Ibid. Sec. 7. The drainage of all private property into the sew¬ ers constructed by the city shall be effected by lateral sewers, of a good and substantial construction, or by suitable conduct pipes, of iron or other suitable material, which shall, in all cases, be made under the super¬ intendence of or by the City Supervisor or the City Engineer, at the cost of the person applying therefor; and, when constructed by the City Supervisor or by the City Engineer, the officer constructing the same shall require the person applying for the same to deposit, in advance, the probable cost thereof with the City Treasurer, or give bond,, with such sureties as he (the City Treasurer) may approve, conditioned for the prompt payment of the reasonable and proper costs of such private drain or sewer, upon the completion thereof. Ibid. Sec. 8. All lateral sewers, at their intersection with the main sewer, shall, if necessary, be covered toward the lower end of the lateral sewer, so as to lessen the obstruction of the current in the main sewer by the influx from the lateral sewer. Ibid. Sec. 9. All repairs which may become necessary to any main or lateral sewer (except private sewers) in any sewerage district, shall be made at the expense of the real estate in such district, and such costs and expenses shall be levied and assessed against and col¬ lected of the real estate in such district according to the assessed valua¬ tion thereof, in the manner herein prescribed for the construction of sewers. Ibid. Sec. 10. No person shall construct, or cause or permit or procure to be constructed, any private drain or sewer, from any prem¬ ises or otherwise, and leading into any sewer built by the city, without the consent of the City Supervisor or City Engineer, or unless under the supervision of some one of them, or otherwise than in the manner directed by one of them, under a penalty of not less than twenty-five dollars; and such person shall likewise be liable for all damages to any public sewer which may arise from the building of guch un an thorn ©Hi private sewer or drain. 20 . * tit p. R*. 161 Ibid. Sec. 11. No privy or cesspool shall be drained or emptied into any public sewer, under a penalty of not less than fifty dollars for each offense, and a like penalty for each week the same may be continued. 1 bid. Sec. 12. All petitions of the owners of real estate in any sewerage district, for the construction of sewers therein, shall be filed and preserved by the City Clerk in his office. Ibid. Sec. 13. The City Engineer shall keep a map in his office, upon which shall be platted and shown the sewerage districts, numbered as herein required, with the location of the sewers therein, and their dimensions, openings, inlets and connections. Sec. 1. (Oct. 28, 1871)—-§ 14. All the lands, lots and real estate, lying within the following boundaries, to-wit: Commencing at the southeast corner of lot number nine (9), in block number ten (10), in railroad addition to Urbana, now in the City of Champaign, Cham¬ paign county, Illinois, running thence northwesterly with the north line of Second South street, to the southwest corner of lot number three (3), in block number nine (9), of said addition; thence in a line north to the northwest corner of said lot number three (3), in said block number nine (9), of said addition; thence northeasterly in a line diagonally across an alley, to the southwest 'corner of lot number one (1), in block number nine (9), aforesaid; thence northeasterly to the southwest corner of lot number one (1), in block number eight (8), of said addition; thence in a line northwesterly to the southwest cor- ner of lot number four (4), in block number eight (8), of said addition; thence north to the northwest corner of said lot number four (4), in said block number eight (8); thence northeasterly, in a line across Main street, to the southwest corner of lot number fifteen (15), in block number three (3), of said addition; thence in a line northeast¬ erly, to the northwest corner of said lot number fifteen (15), in said block number three (3); thence in a line southeasterly, to the northeast corner of said lot number fifteen (15), in said block number three (3), of said addition; thence in a line northeasterly, across a street to the northwest corner of lot number thirteen (13), in block number three (3), in said addition; thence in a line southeasterly, to the northeast corner of said lot number thirteen (13); thence in a line easterly, to the northwest corner of lot number one (1), in block number nineteen (19), in Illinois Central Railroad Company’s second addition to Urbana, now in the City of Champaign; thence southeasterly, in a line to the northeast corner of lot number seven (7), in said block number nine¬ teen (19), in said second addition; thence in a line southwesterly, diagonally across Main street, to the northeast corner of lot number twelve (12), in block number seven (7), in said railroad addition; thence in a line soutwesterly, to the place of beginning—shall consti¬ tute and be designated the First Sewerage District of the City of Champaign. i'tt AP. 21. 152 SlDfcWALKIL CHAPTER XXL Sidewalks. AN ORDINANCE in relation to Sidewalks., L SidewalksJimv Constructed. [ 1. Supervisors to Superintend Building of, III, Order of City Council, Form of IV. Clerk to Give Notice , how, Form of. V. Supervisor s Notice to .Par¬ ties, Form of. VL Non-residents, how Notified. VII. Sidewalks, Built by Owner, Time of. VIII. Same, «Built by Owner, 7/ow Proceed. IX. Same t Ofder of City Coun¬ cil to Build, Form of. X. Same, Supervisor to Keep Account of Cost of. Same, Supervisor to Make Report of , Form of. XIV XV ■x. XIII. Order of City Council , Form of. Warrant for the Collection of Assessmenis, Form Duty of City Clerk There - in. Collectors, how Proceed. XVII. Same, Powers of, herein „ XVIII. Unsatisfied , how Proceed. XVIII, Application for Judg¬ ment, Form of. XIX. City Attorney , Duty of herein. XX. Judgments , City Attorney to Give Notice of. XXI. Repairs in Sidewalks, how Proceed. XXII. Grades of Sidewalks. XL Same, Commissioners of, .XXIII. Non-compliance herewith , Aow; Oho sen, Duty of Penalty of. XII. Same, Amends the Above ; XXIV. Neglect to Repair, Penalty Section . C or. XIII. Report of Commissioners,' XXV. TAVs; Ordinance to Apply Form of. when. XIII. City Council to Assess Ben - iM. I Section 1. (Oct. 31, 1868) — § 1. Be it ordained by the Oily Council of the City of Champaign, That all sidewalks shall be laid to the established grade, or, if no grade shall be established, to such temporary grade as may be given by the City E .gineer. They shall be built of good sound pine plank, not less than two inches in thickness, laid crosswise with the sidewalk [unless otherwise especially directed in the order], and firmly set upon and well spiked to suitable bearings or stringers, of not less than two by four-inch sea itli >g, so supported, let into the earth, filled in between, or supported by posts, so as to form a substantial, even grade; and all sidewalks shall be laid with a slope towards the curb, or outer edge thereof, of one-third of an inch to- the foot. Suitable wagon-crossings, of at least five feet in width, and extending across the street or alley, shall be constructed, when neces¬ sary, of at least two-inch plank, laid evenly and lengthwise with the siklewalkv CH.vK. I'f. Si dkuai.ks. 15 *? .1 Ibid. Sec. 2. The City Supervisors shall superintend the con¬ struction of all sidewalks, and shall require them to be built of the materials, and in the manner herein prescribed; and if any sidewalk shall not be so constructed and laid in compliance herewith, and if the person whose duty it is to do the same shall neglect or refuse to com¬ ply with his order, he may cause such sidewalk to be properly relaid, without delay, and shall report the costs thereof to the City Council, as in other cases, or he may report such sidewalk to the City Council, in the same manner as if it had not been laid. I bid. Sec. 3. The City Council may, by the passage of an order, to be entered upon the journals by the City Clerk, require the sidewalks in front of or adjoining any premises (describing the same), along any streets, or parts of [a] street, to be laid, relaid, or widened to such width, and with such materials, and within such time, as may be desig¬ nated in the order. Unless a different width shall be specified in the order, they shall be laid to the full width. The order may be substan- tially as follows, to-wit: Ordered , That a plank sidewalk [or sidewalks],-feet wide, be, by the - day of -— next [or instant], constructed and laid, in conformity with the ordinance in relation to sidewalks, to [the established or temporary] grade, on the-- side of -street, in front of [or adjoining] the following described premises, to-wit: [here describe premises.]” Ibid. Sec. 4. The City Clerk shall, without delay, after the passage of any order for sidewalks, give notice thereof by publishing, for three days at least, an advertisement in the newspaper publishing the ordinances of the city, stating in such advertisement the side of the street on which, and describing the premises in front of, or adjoin¬ ing which sidewalk, such sidewalks are required to be laid, the day on or before which they are to be built, and the width, and less than the full width, and materials thereof. The notice maybe substantially as follows, to-wit: SIDEWALK NOTICE. “Notice is hereby given, that the City Council of the City of Cham¬ paign has ordered a plank sidewalk,-feet wide, to be constructed and laid to the established or temporary grade, on the-side of -street, by the-day of-next, in front of or adjoin. ing the following described premises, to-wit: [here describe the lots.] Now, unless the same shall be built within the time and in the manner mentioned, and as required by the ordinance in relation to sidewalks, the City Supervisor will cause such sidewalks to be built, and the value of the benefits, if any, which may accrue to said premises, by reason thereof, will be assessed against the premises above described. “City Clerk.” If other sidewalks have been ordered, they may also be embraced in the said notice. 20 154 i'ii. 21 SlDE'W ALKS. Ibid. Sec. 5. The City Clerk shall also, without delay, after the passage of any order for sidewalks, cause a copy thereof to be deliv¬ ered to the proper City Supervisor, who, upon the receipt of the saute, shall, without delay, notify any known owner of each separate lot or premises, or his agent, or any other person whose duty it is, by any lease, contract or’Otherwise, to build such 'sidewalk ; or, if no owner, or his agent- or other person liable therefor, can be found in the city. any occupant of the premises, by delivering to him (or each of them, in his discretion,) or leaving at his usual abode or place of business, wijth some clerk, partner, or member of the house or household, above the age of ten years, a notice describing the premises in' front of or adjoining which the sidewalk is ordered, and stating the grade, width and materials thereof, and the day by which it is required to be laid; and if he shall neglect to notify any known owner, of his agent, or occupant, or other person, whose duty it is to build such sidewalk, as is herein required, he shall he subject to a penalty of five dollars in each case. The notice may be written or printed, or partly both, and may be substantially as follows, to-wit: “City Supervisor’s Office, \ Champaign, Ill., -180—. “To Mr.-—; “You are hereby notified that the City Council of the City of Cham¬ paign lias ordered a plank sidewalk, - feet in width, to be laid to [the established or temporary] grade, along the front [or-- side] of lot number —, of the original town (or of any addition thereto, as the case may he), in conformity with the ordinance in relation to side¬ walks. Now, unless such sidewalk shall be constructed and laid in the manner required by ordinance, by the -- day of -— next, or •instant (the day to he thirty days at least from the delivery of the notice), the undersigned will cause the same to he constructed and laid, and will report the costs and expenses thereof to the City Council, land the value, if any, of the benefits of such sidewalk to said prem¬ ises will be assessed against the premises herein described.* .... . “City Supervisor.” Ibid. SEC. 6. If the owner of any lot or premises, or his agent, or any person whose duty it is to build such sidewalk, is not a resident of the city, the Supervisor shall send such notice to him by mail, directed to him at the post office at which he usually receives his letters, if known ; , hut the notice published by the City Clerk, in the newspaper publishing; the ordinances of the city, shall be deemed a sufficient notice to all persons, whether resident or non-resident. Ibid. Sec. 7. All sidewalks shall be built by the owner of the adjoining premises, or by any other person who may be liable to build the same, by any contract or agreement with the owner, or otherwise, within the-time specified in the order of the City Council; or, if no time be specified in the order, within thirty days after the giving of the notice by the Supervisor, as is herein required ; but if no owner. or other person liable therefor,,jC^-n. be found by the Supervisor lliev ; shall be built within the. time specified jn the.notice published by ilu? City Clerk, in the newspaper publishing the ordinances of the city, which time shall be at least thirty days after the last publication thereof. Ibid . Sec. 8 . If, at the expiration of the time of notice, any sidewalk shall not be built, the proper City Supervisor shall, without delay, report the same to the City Council, in writing ; or, if any side¬ walk which may be laid shall not be constructed and laid in compli¬ ance herewith, to his satisfaction, he may report the same in like manner. This report shall contain a list and description of each delinquent lot or premises, and'shall state opposite thereto the name of each owner, or his agent, or the occupant, or other person liable, upon whom he has served notice, and the date and manner of service. If any owner is unknown and cannot be found, he shall state, owner “unknown,” or “cannot be found,” as the case may be. He shall obtain, and file with his report, a copy of the sidewalk notice published by the City Clerk, with the proper certificate of the printer of its due publication attached; and Id's report shall not be received or approved by the City Council, unless made as herein required. Ibid. Sec. 9. The City Council may, at any time after the approval of the report of the Supervisor, pass an order requiring him, without delay, to cause the sidewalks to be constructed in front of or adjoining the premises mentioned in his report, and to report the costs and expenses thereof to the City Council. The order may be substantially as follows, to-wit f "* ' i ' r “Whereas, The sidewalks fronting or adjoining the following described lots and premises, to-wit: •• Names of Owners. DESCRIPTION. Lot. | Block. | Addition. . 1* ? Have not been constructed and laid in pursuance of an order passed --, 186—, after due notice to the owners thereof, or theiriagents, or the occupants of the premises, or other persons liable therefor, as appears from the return of the City Supervisor; it is therefore ordered by the.City Council, that the City Supervisor cause the same to be constructed and laid forthwith, in conformity with the original order, and report the cost and expenses thereof to the City Council. Ibid. Sec. 10. The proper Supervisor shall keep an accurate account of the cost of each sidewalk built in front of or adjoining each separate lot or premises, under his supervision, by the order of the City Council, and he shall, as soon as the same may be completed, report such costs to the City Council, with the description of the lot or premises, and the name of the owner thereof, if known. This report roav be substantially as follows, to-wit * Sidewalks'. Cjia 15(5 Champaign. --, 18G—. To the City Council of the City of Champaign : In compliance with an order of the City Council, passed--, 186—, the undersigned has caused a sidewalk (or sidewalks) to be constructed and laid fronting (or adjoining) the foliowing described premises, at the costs and expenses set opposite to each, to-wit: Name of Owner. DESCRIPTION'. Lot. * Block. | Addition, j Costs. ■ s ' •! ! i 1 If the sidewalks shall be built in front of or adjoining several con¬ tiguous lots or premises, and the exact cost of such cannot be ascer¬ tained, he shall apportion the costs equitably, as near as may be, to each lot or premises. Sec. 11. (Oct. 81, 1868) — § 11. When any costs and expenses, necessarily made and expended in the construction of any sidewalk in front of or adjoining any delinquent premises, shall be reported by the proper City Supervisor to the City Council, and examined and approved by them, it shall be the duty of the City Council to appoint, on motion, three freeholders, residents of said city, commissioners, whose duty it shall be, after first being duly sworn, by any officer authorized to administer oaths, to faithfully and impartially discharge and perform the duties required of them by ordinance, to go upon said delinquent premises, and ascertain, and report in writing to the City Council, whether the benefits, if any, accruing to such premises, by reason of the construction of such sidewalk, are equal in value to the cost and expense of constructing said sidewalk, or whether said benefits, if any, are less in value than the cost of constructing said sidewalk in front of or across any lot or tract of land as aforesaid delinuqent. It shall also be the duty of said commissioners to ascertain if any of the lots, parcels of land or premiees, other than those across or in front of which said sidewalk is constructed, have been benefited by reason of such construction, and if so to go upon the same, ascertain the value of such benefits, and apportion the same to each lot or parcel of land separately, and report the same to the City Council, the amount of which benefits shall be assessed and levied against such premises, as and in the manner hereinafter provided for levying and assessing the value of benefits against premises, in front of or across which said improvement is made. Sec. 1 . (Sep. 25, 1869) -- § 12. The commissioners provided for by section eleven of the above named ordinance, shall be chosen by ballot. That a majority of all the Aldermen authorized by law to be elected shall be necessary to a choice of such commissioners, and, before entering upon their duties, they shall give at least five days’ notice, to all persons interested, of the time and place of their meet¬ ing for the purpose of viewing the delinquent premises, and making Cn vp. m. SlDEWAt.TvS. •n ^ %• 10 < their assessments, which notice shall be given personally, if the owners are residents and known, or by publication in the newspaper publishing the ordinances of the city, if non-residents or unknown. The com¬ missioners shall view the premises, and may, in their discretion, receive any legal evidence, and may adjourn from day to day. Sec. 12. (Oct. 31, 1868) — § 13. It shall be the duty of the City Clerk to give to said commissioners, at the time of their appoint¬ ment, a copy of the Supervisor’s report, required by section ten hereof, and said commissioners shall report to the City Council, as welt the cost of constructing said sidewalk in front of or across any lot or ground, as the value of the benefits accruing to such lot of ground or other premises by reason thereof, which report may be in the following form: To the City Council of the City of Champaign : The undersigned commissioners, heretofore appointed by your honorable body, to ascertain the value, if any, to the premises herein described, of the sidewalk built adjacent to the same by order of your honorable body, dated -—, 186—. Name of Owner. ( Lot. i j Block i Addition. Cost Benefits. i Beg leave to report as follows. * ■ f ...| Commissioners. And if it shall appear, from the report of said commissioners, that the benefits to any lot or tract of ground, by reason of constructing a sidewalk in front of or across the same, or other premises, are equal in value to the cost of building such sidewalk, the City Council shall, by an order to be entered upon the records of the city, levy and assess the whole of such costs and expenses against the premises chargeable therewith, and direct that a warrant issue for the collection of the same, returnable within sixty days from the date thereof; but if it shall appear, from the report of said commissioners, that such lot or tract of land is not benefited, by reason aforesaid, then no part of the cost of constructing such sidewalk shall be assessed against any such lot or tract of ground; but if it shall appear from such report that such premises are benefited, and that such benefits are less in value than the cost aforesaid, then the City Council shall, by order aforesaid, levy and assess the amount of the benefits so found against the prem¬ ises chargeable therewith, and no more, to be collected by warrant as aforesaid. The order shall contain a correct list of the lots and prem¬ ises, with the name of the owner thereof, if known, and with the amount assessed against each set opposite thereto, and may be in the following form: • • • • * Chap. 34. ■ 4.53 3 ( DilitV Al'.k.V- Ordered by the City Council of the City of Champaign, that the seve¬ ral sums set opposite to the following described lots respectively, to-wit r; Names of Owners. Lot. Block. i) e sen ip Addition. TION. Costs. Assessment. Being the value of benefits, as found and reported to the City Council, accruing to* the premises above described, by reason of the construction of a sidewalk by said City Supervisor, adjacent;-to said premises, in pursuance of an order of said City Council, passed on the-- day of --—, 186—, after failure of the owner thereof, or the person liable therefor, to do the same, after due notice, be and the same are hereby levied and assessed against each of the said lots or premises, and that a warrant issue for the collection of said assessment,, returnable within sixty days from the date thereof. Sec. 13. (Oct. 8-1, 18(18) — § 14. The City Clerk shall, without delay, after the passage of the order or resolution of assessment, make out and deliver to- the Assessor and Collector a warrant for the collec¬ tion of the assessments, signed by the Mayor and himself, under the corporate seal, and containing a true copy of the order or resolution of the City Council, and returnable within sixty days from the date thereof. The warrant may be substantially as follows, to-wit; State of Illinois,. 1 ■ 1 y cc • '[ • / . City of Champaign, y The People of the State of Illinois, to-the City Assessor and Collector of the City of Champaign : Whereas, The City Council of the City of Champaign did, on the --day of -, 186—, by the passage of an order, levy and assess against the lots and premises hereinafter described, the several sums set opposite to each respectively, being the value of benefits found to accrue to said lots and premises, by reason of constructing and laying the sidewalk in front of or adjoining said premises, by the City Supervisor, as reported to said City Council by the commissioners appointed to ascertain and determine the same, which said order is in the words and figures following,,.to-wit: [Here insert a true copy of the order of assessments, with a blank' column for payments]. Now, therefore, you are hereby commanded to make levy and collect the several sums of money set opposite to each of the lots or tracts of land hereinbefore described, as the assessment against the land, of the goods and -chattels, of the respective owners thereof, and make due return in what manner you have executed this warrant, within 'sixty., days from the date hereof. Witness-- said city- this — —-, City Clerk. the Mayor, and corporate seal of of -, 18 —. , Mavor. rt.vr*. 21. 159 a LA Sec. 14. (Oct. 31, 1868) — § 15. The City Clerk shall take the receipt of the Assessor and-Collector for the warrant, upon the deliv¬ ery thereof, and shall charge him with the amount of the same. He shall keep a sidewalk account, and all expenditures for building or repairing sidewalks, and all money collected or received for the same, shall be properly charged or credited thereto, and the entries shall, in all cases, show the lot or premises for which such charge is made or credited. If.there shall be, from time to time, any uncollectable bal¬ ance due on such'account, it may be- charged or carried to the general ' account- chargeable therewith. .... . Sec. 15. (Oct. 31, 1808)—-§ 16. The Assessor and Collector, upon the receipt of the warrant, shall, without delay, cause a notice, signed by him, to be published for six days, in the newspaper publish¬ ing the ordinances of the city, stating that the warrant for the col lee- tion of tl-ief assessments made by the City Council, against the premises named therein [describing the'same, with the owner thereof, if known* and. the amount of the assessment, as fully as set forth in the warrant], and for the sums set opposite to each, for the value of benefits found to accrue to said •premises by reason of constructing and laying side¬ walks in front of ‘ or adjoining said premises, have been delivered to him for collection, and that payment of the same is demanded. Such notice shall be deemed as sufficient demand, and a neglect to pay such assessment for twenty days thereafter shall be deemed a refusal. But the Assessor and Collector shall, as far as practicable, make personal ■demand of payment of any known owner of such premises, or his agent, or any other petson liable therefor, if to be found within the city. Sec. 16. (1888) —§ 17. The Assessor and Collector shall, in the collection of the warrant, have all the powers conferred on him by law, in the collection of general warrants for taxes, and shall perform me same, duties and be subject to the same liabilities, and bis return may be made, as near as may be, in like form. The Council may, by order or resolutions, extend the time of the return of the warrant. Sec. 17. (1868) — § 18. When any warrant shall be returned unsatisfied, in whole or in part, as to any sidewalk assessment against any lot or premises, or -any part thereof, the City Council may, at any time thereafter, by an order, to be entered upon the journals or record kept by the City Clerk, direct the City Attorney to make application, for and on behalf of said city, to the County Court of Champaign county, Illinois, for judgment against any lot, or piece or parcel of land delinquent, and against which benefits have been found and assessed, as hereinbefore provided, for the amount of said assess¬ ments and costs, which order may be in form as follows, to-wit: Whereas, The warrant issued the-day of -, 186 —, for the collection of a sidewalk made by the Council, for the value of benefits ascertained as having accrued to the premises hereinafter warned, by reason of constructing and laying sidewalks, in front of ClLi z. 21. Sidkw a f.ivs. 11; 0 or adjoining the premises therein named, has been returned unsatisfied, as to the following described lots or premises, and for the amount set opposite to each, to-wit: Names of Owners. Lot. DESCRIPT Block. 1 ION. Addition. Amount of assessment. S It is therefore ordered by the City Council of the City of Cham¬ paign, that the City Attorney, without delay, give notice in writing to the owners or agents of the above described premises, that he will, on behalf of said city, at the expiration of ten days from the date of the service of such notice, apply to the County Court of Champaign county, Illinois, for a judgment against each of said lots or premises, for the amount of said assessment and costs, to be signed by said Attorney and served by copy. Sec. 18. (1868) — § 19. The Clerk shall, without delay, after the passage of the order aforesaid, make out and deliver to said Attorney a certified copy of such order, who shall, at least five days before the day on which application for said judgments shall be made, file the same, together with a copy of the notice served by him on said owmers or agents, in the office of the Clerk of said County Court, and also his affidavit, in writing, of the time and manner in which such notices were served. Sec. 19. (1868)—§ 20. When judgments shall be rendered, as aforesaid, against any premises delinquent as aforesaid, it shall be the duty of the City Attorney, or City Clerk, to cause notice to be pub¬ lished, in any newspapers published in said city, addressed to the owners or agents of such premises, describing the same, notifying him, her or them that judgment has been had against such premises, and the amount of said judgment and costs, and why obtained, and that unless said judgment and costs shall be fully paid and satisfied within twenty days from the date of said judgment, that such prem¬ ises will be sold to satisfy the same, by the Sheriff of Champaign county, in the manner and with like effect as if sold upon execution at law. Said notice shall be sufficiently published by the publication of one insertion in the newspaper publishing the same. Sec. 20. (1868) — § 21. When any sidewalk, or sidewalk curb¬ ing, in front of or adjoining any premises, shall be broken, and need repairs, or require to be wholly relaid, the proper Supervisor shall, without delay, cause a printed or written, or partly printed and partly written, or verbal, notice to be served upon any known owner of the premises, or his agent, or any other person w ho may be liable to repair or relay such sidewalk, or upon both, in his discretion, stating the material and extent of the repairs necessary, and requiring them to- be made within thirty days after notification, unless it shall be neces¬ sary wholly to relay the sidewalk, in which case not less than, ten, nor Chap. 21. Kittevtaia's Tt.'l exceeding thirty days, shall be specified in the notice. But if no known owner of the premises, or his agent or occupant, or other per¬ son liable therefor, can be found within the city, or if the cost of such repairs or relaying will not exceed five dollars, or if the sidewalk or the curbing thereof [is] in such a condition as to be unsafe or dan¬ gerous, the proper Supervisor shall cause the same to be repaired or relaid, without notice, and the City Council shall ascertain the value to such lots of the improvement so made, and assess and collect the same, as hereinbefore provided in cases of original construction of sidewalks. Sec. 21. (1868) — § 22. The grades of sidewalks shall be estab¬ lished by the City Council; but the City Engineer may give a tempo¬ rary grade, where permanent grade is not established, and lie shall, when requested by any person desirous to build any sidewalk, stake out the grade thereof without charge. Sec. 22. (1868) — § 23. Whoever shall build, or cause to be built, or assist in building any sidewalk, contrary to any grade estab¬ lished by the City Council, or in a different manner than is herein required, or shall, where no permanent grade is established, build, or cause to be built, or assist in building any sidewalk, without first obtaining a temporary grade therefor, from the City Engineer, or shall build, or cause to be built, or assist in building, such sidewalk, contrary to the grade which may be given by the City Engineer, shall, in each case, be subject to a penalty of no less than three dollars, and an additional penalty of not less than one dollar for each day he shall not remedy or rebuild such sidewalk, when required by the proper City Supervisor, and shall likewise be liable for all damages from the same. Sec. 23. (1868) — § 24. If the owner of any premises, or any occupant or lessee thereof, whose duty it is, by any contract or other¬ wise, to do the same, shall neglect or refuse to repair, relay or rebuild any sidewalk, or sidewalk curbing, in front of or adjoining his prem¬ ises, after due notice to do the same, as is herein required, he shall be subject to a penalty of not less than one dollar for each day he shall not comply with such notice, and shall also be liable for all damages arising from the bad condition of such sidewalk. Sec. 24. (1868) — § 25. That all and singular the terms and provisions of this act shall apply to each and every road district or division, into which the city is now divided, or may hereafter be divided, and to each and every Supervisor of such district or division, to the end that this ordinance be completely executed in every partic¬ ular, in the same manner as though there was but one district or division in the city, and but one Supervisor for the city. arising Chap. 162 STHKT5T3 Aj.U£TS. V CHAPTER XXII. Streets and Alleys. AN ORDINANCE in Relation to Public Grounds, Streets and Alleys. I. II. III. III. IV. Y. YI. VII. VIII. IX. X. XI. XII. XIII. Order by City Council , Form of- Proposed Improvement, to be Surveyed. Compen sation, Disagree¬ ment of, how Proceed. Notice, when, Form of. Commissioners, how Chosen, Duty of. Same, to be Sworn, to Give Notice. Building upon Land, lioiv Proceed. Same, Commissioners to Give Notice, Form of. Same, Appraisal of. Same, Assessments in Dela¬ tion to. Same, Assessments, Dama¬ ges and Benefits. Property of Different Par ties, how Proceed. Assessments, Commission¬ ers’ Report of, Form of. On Return of Commission¬ ers, Clerk to Give Notice. XIY. XIY. XIY. XY. XY. XYI. XVII. XVII. XVIII. XIX. XX. XXI. ^ XXIII. XXIV. XXY. City Council to Hear Ob¬ jections. Confirmation, Form of, Order of. Not Confirmed, how Pro¬ ceed. Collection of Assessments , how. Ordinances for, Form of. Warrant for Collections, Form of. Powers of City Officers herein. Reference to Charter and Tax Ordinance. Assessments, when Due. Removal of Commission¬ ers. when. Land Appropriated,when. XXII. Land under Lease, or Contract, how Pro - ceed. Appeals Taken, when. Infants Interested, how Proceed. Commissioners to Make Chap. 22. Streets and Alleys. 103 Section 1. (Aug. 24, 1870) — § 1. Be it ordained by the Gity Council of the City of Champaign, That whenever the City Council slmll determine to open, lay out, alter, widen, contract, straighten or discontinue any public ground or square, street, alley or highway, they shall make an order, to be entered upon the records of the City of Champaign, setting out clearly what improvement is proposed, and describing, as nearly as may be, the land and the amount to be used in said improvement; the direction, width dnd dimensions of any street, alley or highway, proposed to be opened, laid out, altered, widened, contracted, straightened or discontinued, as nearly as may be, giving the names of all persons to be affected thereby, if known, which order may be substantially as follows, to-wit : Ordered, That a [street, etc. — here state the nature of the improvement,] be [opened, etc. — here describe the improvement intended], according to the charter and ordinancess of the City of Champaign, the same to occupy portions of the following described real estate, to-wit: [here give names of owners and descriptions of land, as nearly as may be]. Ibid. Sec. 2. Whenever the City Council shall have passed an order, as required by the foregoing section of this ordinance, to open, lay out, alter, widen, contract, straighten or discontinue, any public ground or square, street, alley or highway, it shall be the duty of the Clerk to furnish the City Surveyor with a copy thereof, who shall at once proceed to survey the proposed improvement, describing, platting and recording the same in a book, to be kept by the City Clerk, show¬ ing accurately and particularly the proposed improvement, and the real estate to be taken therefor. Ibid. Sec. 8. Whenever any street, alley or highway, public ground or square, is proposed to be opened, laid out, altered, widened, contracted, straightened or discontinued, according to the provisions hereof, and the amount of compensation cannot be agreed upon between the owners of the real estate and the City Council, or the owners of said real estate are unknown, or non-residents, the City Council shall give notice of their intention to appropriate and take the land necessary for the proposed improvement, to the owner or owners thereof, by publishing said notice twice in the paper publishing the ordinances of the city, which notice may be substantially as follows, to-wit: NOTICE. Notice is hereby given that a [street, etc.—here give nature of the improvement,] will be [laid out, etc.—-here describe the improvement,] which improvement will occupy, in whole or in part, the following described real estate, to-wit: [here give description of the land, and names of owners, if known,] and the City Council of the City of Cham¬ paign have determined, by an order entered upon the records of the city, to take and appropriate the land necessary for said improvement. Ibul. Sec. 4. After the expiration of ten days from the first publication of the notice, hereinbefore mentioned, the City Council 164 Chap, 22. Streets axe Alleys, shall choose, by ballot, three disinterested freeholders, residing in the city, as commissioners, to ascertain and assess the damages and recom¬ pense due the owners of said real estate respectively, and at the same time to determine what persons and what real estate will be benefited thereby, in proportion, as nearly as may be, to the benefits resulting to each. A majority of all the Aldermen authorized by law to be elected shall be necessary to a choice of such commissioners. I hid. Sec. 5. The commissioners shall be sworn faithfully and impartially to execute their duties to the best of their abilities, and, before entering upon their duties, they shall give at least five days’ notice, to all persons interested, of the time and place of this meeting, for the purpose of viewing the premises [describing them] and making their assessments, which notice shall be served personally, or in writing, if the owner or owners are residents and known, or by leaving a copy thereof at their usual place of abode; and, if non-residents or not known, by publication once in the paper publishing the ordinances of the city, which publication shall be five days before said meeting. Said commissioners shall view the premises, and in their discretion receive any legal evidence that may be necessary to aid in the perform¬ ance of their duties, and, if necessary, may adjourn from day to dav. Ibid. Sec. 6 . If there should be any building or buildings, in whole or in part, upon the land to be taken, the commissioners, before proceeding to make their assessments, shall first estimate and deter¬ mine the whole value of such building or buildings, to the owner or owners thereof, aside from the value of the land and the actual injury to him, her or them, in having such building or buildings taken from him, her or them; and secondly, the value of such building or build¬ ings to him, her or them, to remove the same. Ibid. Sec. 7 . The commissioners, when they shall have pro¬ ceeded as required in the foregoing section, shall give at-least five days’ notice of their determination in the premises, to the owner or owners of such building or buildings, which notice shall be in writing, and served personally upon the parties interested, or a copy thereof left at their usual place of abode, if residents and known, and if the party or parties are non-residents or unknown, by publication at least once in the paper publishing the ordinances of the city, which publi¬ cation shall be at least five days prior to the time named therein, for the parties to appear and make their election as hereinafter provided. Such notice shall, as accurately as may be, specify the buildings and the award of the commissioners, and shall be signed by them ; it shall also require the persons interested to appear by a day, to be named therein, or give notice to the City Council of their election, either to, accept the award of the commissioners, and allow the building or buildings to be taken with the land condemned or appropriated, or of their intention to receive such building or buildings at the valueijset thereon by the commissioners to remove the same, which notice may be substantially as follows, to-wit; %/ / 22. Streets am> All’eys- 105 NOTICE. Notice is hereby given to A. B. [or, if unknown, whom it may concern], that the undersigned commissioners, in accordance with the requirements of an order of the City Council of the City of Cham¬ paign, and the ordinances of said city, did, on the-day of —-, A. D. — —-, examine a certain building [here give locality and an accurate description, and, if more than one, describe each separately, giving the names of the owners of each, if known], which occupies certain land to be taken and appropriated for [here describe the improvement proposed], and having duly considered the premises, do ^assess and determine the value of said building or buildings, to the •owners thereof, aside from the value of the land occupied by the same, -and the injury to the owners thereof, in having said building taken from him, to be as follows, to-wit': Building first above described, belonging to A. B, (or unknown), to be -— dollars, -- cents, (building second above, etc., continue as above), and that the value of said building first above described, to the owner or owners thereof, for the purpose of removing the same, to be --dollars-- cents [and building second, etc., continue as before,] and you are further notified to appear before the City Council of the City of Champaign, on the --- day of .■■ ■ 1 —A. D. 18— , at-o’clock, —. m., and there make or give notice of your election, either to receive such building at •the value set thereon bv the commissioners, and remove the same, or to accept the award of the commissioners, and allow such building to be taken with the land. Signed, A. B., 1 C. D., V Commissioners. E. F.J Ibid. Sec. 8. If the owners shall agree to remove such building or buildings, they shall have such reasonable time for that purpose as the City Council may direct. If the owners refuse to take the build¬ ing at its appraised value to remove, or shall neglect or fail to give ■notice of his, her or their intention, as aforesaid, the City Council shall, by an order to be entered upon the records of the City of ‘Champaign, direct the sale of such building or buildings, at public auction for cash, or on credit, giving at least five days’ public notice of the sale, by posting written or printed, or partly written and partly printed, notices of the time, place and terms of the sale, in at least three of the most public places in the city, or by publication once in the newspaper publishing the ordinances of the city, which shall be at ileast five days before the day of sale. The proceeds of said sale ■shall be paid to the owner, or deposited to his, her or their use. Ibid. Sec. 9. The commissioners shall thereupon proceed to •make their assessments, and determine and appraise, to the owner or •owners, the value of the real estate appropriated, and the injury arising from the condemnation thereof, which shall be -or owners as damages, after making due allow awarded to such owner mice therefrom for any Chaf, 22. & r TAE'ETg a so Alleys, Kff- benefits which such owner or owners may derive from such improve¬ ment. In the estimate of damages to the land, the commissioners shall include the value of the buildings, if the building or buildings be the property of the owner or owners of the land as aforesaid, less the proceeds of the sale thereof: or if taken by the owner or owners, at the estimated value to remove, in that case they shall only include the difference between such value and the whole estimated value of Such buildings. Ibid. Sec. 10. If the damages to an}?- person or persons be greater than the benefits received, or if the benefits be greater than the damages, in either case the commissioners shall strike a balance, and carry the difference forward to another column, so that the assess¬ ment shall show what amount is to be received or paid by such owner or owners respectively, and the difference only shall in any case be collected of or paid to him, her or them, 1 bid. Sec. 11. If the lands and buildings? belong to different persons, or if the land and buildings, both the land and buildings, be subject to lease or mortgage, the injury or damages done persons respectively, may be awarded to them respectively, according to the- provisions hereof, less the benefits resulting to them respectively from such improvement. Ibid. Sec, 12. The commissioners, after having ascertained and determined the damages and the expenses of such improvements as aforesaid, shall thereupon apportion and assess the same, together with the costs of the proceeding, upon the real estate by them deemed ben¬ efited, in proportion to and not exceeding the amount of the benefits- resulting to the same from the improvements, as nearly as may be, and shall, as accurately as maybe, describe the real estate upon which the- assessments may be made, and when completed, shall sign and return the same to the City Council within thirty days of their assess¬ ments. Such return of the commissioners may be substantially as follows, to-wit : 1 o the City Council of the City of Champaign r The undersigned commissioners, elected by your honorable body, on the-day of --, A. 13. 18-—, for the purpose of determining and assessing the damages and benefits to certain real estate, resulting, from the taking and appropriating the same, or a part thereof, for certain improvements, to wit: [here describe the improvements,] do hereby make return and say, fihat of the land of A. B., and shown in the columns below as Bo. 1, to-wit: [here describe accurately the land belonging to A. B., and state, as nearly as may be, the size of the land], there has been taken [here state the amount of land taken for the improvement], (aid of the land of C. I)., etc,, continue •as above until each tract has been described, and if the parties are not known, say unknown), aid do assess the damages or benefits accruing to said tract cr tracts, pieces cr parcels of lard, from said knprovemout, as lb 11 *>ws : Czxv. 22. 167 Streets axu AL;m Ibid. Sec. 13. Upon the return of the 'commissioners being made to the City Council, as hereinbefore provided, the City Cl >rk shall give notice by publication at least twice in the paper publishing the ordinances of the city, that such assessment has been returned by the commissioners, and that, on a day to be specified therein, the same will be confirmed by the City Council, unless objection be made to the same by some person or persons interested, and the first publication of said notice shall be at least ten days before the time named for parties to appear and make objections. Any person or persons intei- ested shall, by themselves or agent,be heard by the City Council, in '“See the City of Chicago vs. Larnod, 34 III., 303. f HAP. 21 StR PETS' AST) As RETS. 168 favor of or against the confirming by the City Council of the assess- merits as returned by the commissioners, and the City Council may a hour a the hearing from dav to day. iJ 1_J * «/ «/ Ibid, Sec. 14. After the City Council have heard all parties interested, who desire to be heard in favor of or against said assess- ment, they shall, by an order to be entered upon the record of the city by the City Clerk, approve and confirm, annul or refer said assessment return back to the commissioners, which order may be as- follows : Ordered by the City Council of the City of Champaign, that the assessment returns of A. B., C. D. and E. F., commissioners, to-wit : [here set out in full the returns,] be, and the same is hereby approved and confirmed, [or annulled, or referred back to the commission¬ ers]. If annulled, all proceedings had shall be void, and if referred back to the commissioners, they shall again make their assessments, giving: notices as hereinbefore provided, arid make returns of the same in the* manner of the first assessment, and the City Council shall act in the premises the same as provided herein for the first assessment. Ibid. Sec. 15. If said assessment returns be confirmed by the City Council, such assessment may at any time thereafter be collected of the owner or owners of such lot or lots, tract, piece or parcel of land, against which the same is assessed, and recovered by suit in the name of the city, before any court having jurisdiction: or the City Council may, by the passage of an ordinance or resolution, to be entered in full upon the records of the city, by the Clerk, levy and assess the amount of such assessments against the land, lot or prem¬ ises, against which the same is assessed by the commissioners, and direct that a warrant issue for the collection of the same; which ordinance or resolution shall be substantially as follows, to-wit: - An Ordinance (or resolution) for the collection of assessments. Be it ordained (or resolved) by the City Council of the City of Champaign, That there be hereby levied and assessed against a certain lot, piece or parcel of land, the property of A. B., situated within the City of Champaign, to-wit: [here describe the land], the sum of - dollars, —-cents. Also against a certain lot, etc , [here con¬ tinue as at first, until complete with each lot of land separately]. And it is hereby ordered and directed that a warrant issue for the collection of said sum (or sums) of money, in accordance with the provisions of the charter and ordinances of the City of Cham- paign. Ibid. Sec. 16. Within thirty days after the passage of said ordinance or resolution, a warrant or warrants, for the collection of said assessments, shall be issued, the same to be signed by the Mayor and Clerk, and have the corporate seal thereto affixed, and said war¬ rant or warrants shall contain true and perfect copies of the assess¬ ment list, as made by the commissioners, and approved and levied and C n .v i Streets and Allkvs. 99 assessed by tlie City Council, together with a description of the real estate against which said assessments have been made, as nearly as may be, and shall be delivered to the City Collector, for collection, within thirty days after the passage of the ordinance or resolution by the City Council, directing the issuing of such warrant. The warrants- may be substantially as follows, to-wit: The People of the State of Illinois, to the City Collector of the City of Champaign, greeting: Whereas, The City Council of the City of Champaign did, on the-day of -, A. D. 18—, levy and assess upon certain lot or lots, pieces, parcels or tracts of land, real estate herein described, the several sums of money set opposite to each respectively in the appropriate column, for special assessments as benefits accruing to the same from the [opening, etc.—here describe the improvement,] as follows, to-wit: [here describe the real estate against which the assessment is made, giving the names of the owner or owners, if known, making accurate copy of the assessment, as returned by the commissioners and assessed and levied by the City Council, setting down the several sums against each piece of real estate, leaving a blank column for the entry of payment]. Now, therefore, you are commanded to make levy and collect the several sums of money set opposite to the real estate herein described, as assessments thereon for the improvements aforesaid, of the said real estate, or of the goods and chattels of the owners of said real estate, and make due return in what manner you shall execute this warrant, within ninety days from the date thereof. Witness A. B., Mayor of the City of Champaign, and the corporate seal thereof, this -day of -, A. I). 18—. A. B., Mayor. C. D., Clerk. I bid. Sec. 17. Upon the issuing of the warrant, as herein¬ before provided, the City Clerk, City Collector, and City Council, and all other officers of the City of Champaign who may be officially required to act in the further proceedings for the collection of the assessments aforesaid, shall be governed in all things in accordance with the provisions of an ordinance entitled, “ An ordinance regu¬ lating the assessment and collection of taxes,” passed May 15th, 1862, commencing at the twenty-first section thereof; and according to the provision of section nine, of the amendments to the charter of the City of Champaign, and of article nine of the charter of the City of Champaign: Provided , That whenever it shall become necessary for the collection of the assessments, as herein provided, to give notices by publications or otherwise, as may be required by the provision of an ordinance, entitled “ An ordinance regulating the assessment and collection of taxes,” as aforesaid, the word “assess¬ ments ” shall be used in the place of “taxes,” whenever it occurs- in 99 170 Streets and At,L eys. Chap. 22 . said ordinance, including and after the twenty-first section thereof, and at all times when such notices shall be required, or the passage of a resolution or an ordinance, or the making an order by the City Council, for the carrying out the provisions hereof, an accurate state* ment shall be made therein for what purpose said assessments are assessed and levied, and shall also contain accurate descriptions of the real estate against which said assessments are made, together with the names of the owner or owners thereof, if known, and in all things and to the same extent shall the officers charged with the execution hereof, have the same powers and the same authority, and shall be subject to the same conditions in the collection of the said assessments herein provided for, as is conferred upon and required of the same for the collection of taxes, in the ordinance aforesaid. Ibid. Sec. 18. The said assessments shall be due and payable from and after the passage of the ordinance or resolution levying the same, as hereinbefore provided, and from that time shall be a lien upon the real estate against which said assessments may be made for two years, and shall be a lien upon the personal property of the owner or owners of said real estate, from and after the delivery of the warrant to the collector until paid, and no sale or transfer thereof shall affect the lien. Ibid. Sec. 19. The City Council shall have power to remove any or all of the commissioners, and from time to time may elect others to fill vacancies of such as are removed, or refuse, or neglect, or are unable, from any cause, to serve. Ibid. Sec. 20. The land required to be taken, according to the provision hereof, for the making, opening, widening, straightening, or altering, any public ground, square, street, alley or highway, shall not be appropriated until the damages awarded therefor, to any owner thereof, shall be paid or tendered to such owner, his, or her or their agent; or, in case such owner or his agent cannot be found in the city, deposited to his, her or their credit, in some safe place of deposit, other than the hands of the City Treasurer; and then, and not before, may such lands be taken and appropriated for the purpose required in making such improvement, as aforesaid. Ibid. Sec. 21. When the whole of any lot or parcel, or other premises, under lease or other contract, shall be taken for any of the purposes aforesaid, according to the provisions hereof, all the covenants, contracts and agreements between the landlord and tenant, or other contracting parties, touching the same, or any part thereof, shall, upon the confirmation and approval of the report of the com¬ missioners, respectively, fully cease and be absolutely discharged. Ibid. Sec. 22. When part, only, of any lot, or tract, or parcel of land, or other premises, so under lease or contract, shall be taken and appropriated for any of the purposes aforesaid, according to the provision hereof, then all the covenants, contracts and agree¬ ments in relation thereto, shall, upon the confirmation of the return of the commissioners, be absolutely discharged as to the part thereof Chap. ‘2:!. Str^kt Labor* so taken, but shall remain valid as to the residue thereof, and the rents, consideration and payments received, payable and to be paid for, or in respect to the same, shall be so proportioned as that the part thereof justly and equitably payable for such residue thereof, and no more, shall be paid or recoverable in respect of the same. Ibid. Sec. 23. That whenever any person interested shall desire to appeal, according to the provision of section sixteen, of article seven, of the charter of the City of Champaign, the final order therein mentioned shall be the order of the City Council, confirming the report of the commissioners, as herein provided, and twenty days from the date of said order shall be the period allowed wherein to make such appeal. Ibid. Sec. 24. When any known owner, or other person having an interest in any real estate, residing in the city, or elsewhere, shall be an infant, and any proceeding in relation thereto shall be had according to the provision hereof, the City Council shall apply to the judge of the Circuit Court, the judge of the County Court, or any judge of the Supreme Court, for the appointment of a guardian for such infant, according to the provisions of section nineteen, of article seven, of the charter of the City of Champaign, and all notices and summons required by the provision of this ordinance, shall be served upon said guardian, provided that nothing herein shall be so construed as to prevent such infant, or his next friend, making application for the appointment of guardian, as aforesaid. Ibid. Sec. 25. When all the proceedings shall have been com¬ pleted, and the damages assessed shall have been paid, or tendered to the owner or owners of the land taken, or deposited to the credit of him, her or them, as required herein, the commissioners shall, by deed, convey to the city the lands, lots or real estate so taken, which deed shall vest the land, lot or real estate in the city, and be conclusive evidence that all the proceedings in relation to the same have been in conformity to the charter and ordinances of said city. CHAPTER XXIII. Streets and Alleys. AN ORDINANCE in Relation to Labor upon Streets and Alleys. I. Streets , lylio to Labor upon. I. Streets, Labor upon Commuted how. II. Supervisor , to give Notice hoiv. III. Labor upon , how Conducted. IV. Refusal to Labor , Penalty of. Y. Moneys Collected , Expended when. Section 1 . (May 15, 1865) — § 1. Be it ordained by the City Council of the City of Champaign , That every male resident of the City of Champaign, over the age of twenty-one years, and under the age of fifty years, be and hereby is required to labor three days in Oiap. 2M Street Labor. 172 each year upon the streets and alleys of said city, and the City Council shall, by resolution or ordinance, fix a certain amount of money, not less than two nor more than six dollars, to be paid by each person liable to perform such labor, in lieu thereof.* The City Clerk .shall note the resolution or ordinance upon the journals, and it shall be the duty of the City Clerk to make out and deliver, within ten days after the passage of such resolution or ordinance, to the City Supervisor, a certificate of the amount of money so fixed by the City Council to be paid in lieu of labor, as aforesaid. Ibid. Sec. 2. The City Supervisor shall notify any or all of the persons liable to perform such labor to appear at such place or places, and on such days as he may think proper, to perform such labor : Provided , no person shall be required to perform such labor out of the ward where he resides. Such notice shall be written or printed, or partly written and partly printed, and shall require the person or persons notified to appear on a certain time or times, at a certain place or places, to be stated in the notice, for the purpose of laboring on the streets and alles of the city, and shall state the tools which he or they shall bring with them to do the same, and may be given by delivering said notice, or causing it to be delivered, or leaving or caus¬ ing it to be left at the usual place of abode or business of any person thereby required to labor as aforesaid, at least five days previous to the first day on which such person is required to labor, as aforesaid, or said notice may be given by publishing the same in the newspaper publishing the ordinances of the city, once, which publication shall be at least ten days before the first day appointed for the person or persons so notified to labor as aforesaid, or by posting up such notice in three of the public places of the ward or district wherein such person or persons reside, which shall be done at least ten days before the first day set for such labor. Ibid. Sec. 3. Each person liable to perform such labor having been duly notified, in either of the aforesaid methods, shall, in accord¬ ance with the terms of such notice, perform the same labor, either by himself or a substitute equally able, working at least nine hours each day; and if any such person or his substitute shall spend the time in idleness, be turbulent, or disobey the Supervisor, he or his said substi¬ tute shall be discharged from such labor, and the balance due, at the rate fixed by the City Council to be paid in lieu of such labor, together with fifty per cent, added thereto, shall be collected of such person or the person for whom such substitute was to labor, by suit in the name of the city, before any court of competent juris¬ diction. Ibid . Sec. 4. Each person liable to labor on the streets and .alleys of the said city, who shall fail or refuse to perform such labor, when duly notified by the City Supervisor, shall, within five days after the first day appointed in said notice for such labor, pay to the City Supervisor or City Treasurer the amount of money so fixed by -^See Charter, # 6, page 18; also, g 2, page 30, ante. Oh.u\ 23. 173 Stuket La nait. the City Council to be paid in lieu thereof; and, in default of such payment, the amount of money so fixed, together with fifty per cent, thereof added thereto, for damages, may he collected of the person so failing or refusing to pay the amount of money fixed by the City Council, as aforesaid, without any deduction by way of set-off, by suit in the name of the city, before any court of competent jurisdiction, with costs of suit; or the same may be collected, together with said fifty per cent., in the same manner as other taxes. But it shall be the duty of the City Supervisor, unless otherwise instructed by the Mayor or City Council, to institute the proper proceedings for collect¬ ing by suit. Ibid. Sec. 5. AW moneys collected or received by the city, through its proper officers, in lieu of such labor, shall be accredited to, and disbursed in, the ward or district where the person or persons pa vino* the same shall reside at the time it becomes due. it -e/ 4 \ 'h a p. 2 4 . rr-f Taxes. CHAPTER XXI VC Taxes. AN ORDINANCE Regulating the Assessments and Collections of m l axes. XXV. Taxes Paid, to be Marked! , Paid. XXVI, Collectors to Correct Error r when. XXVII. Taxes, Property Liable for r ic hen. XXYIII. Return of Warranty token r Form of. XXIX. Assessor's Satement with Re- turns , XXX. Warrant not Satisfied, ‘hour Proceed. XXX. Order of Council therein? Form of, XXXI. Same, Clerk to Certify Copy XXXII. Sale of Delinquent Premises? Notice, Form of, XXXIII. Payment to Stop Proceedings, XXXIV. Sale of Real Estate, when. XXXV. Sale ' “ “ how. XXXVI. To Sell the Smallest Portion, XXXVII. Certificate of Purchase T Form of. L Reed Estate, Listed how. II. Names of Owners, Arranged how. III. A ssessmenls, how Made and upon Wind. IV. The Valuation, when Made, Party to Make Oath. X. Parties Sick or Absent, how Pro¬ ceed. VI. Parties not Found, or Neglecting, how Proceed . VIT. Fru d a lent Listing, Penalty of. VIII. Parties Refusing to List, how Pro¬ ceed. IX. Not Listed by Owner 7 how Pro ceed. X. Not Assessed in Former Years r June Proceed. XI. Assessor^ Return, how Made, Form of XII. Objections, Clerk to Give Notice for. Form of XIIT. Parties Objecting, how Proceed. XIV. Duty of City Council herein. XV. Assessor to Attend when Oljec- XXXVII b Certified List of Lands Soldl r tions are Made. XVI. Order of Confirmation, Form XVII. City Council to Levy Tax 7 how. XVIII. Warrant for Collection *f Taxes, ta Issue when. XVIII. Duty of City Clerk herein, XIX. The Warrant. Form of, XX. 7 'axes, Due and Payable when. XXI. Taxes, Collector Charged with r when. XXII. Taxes, Collections of how Made. XXIII. Taxes, Collector may Distrain for, when. XXIV. Taxes, Personal Property Sold Jbr, when, — how. how Made, . Certificate oj Redemption. XL, Sale, Redemption from, whew XLT. Tax Deeds, when Made. XLIJ. City Clerk to Make Deed. XLIII. Taxes Collected After Settle¬ ment, XLIV. Taxes Twice Paid, how Pro¬ ceed. X L V. Double Assessments, hoiv Pro¬ ceed, XLVI. Same, Refunding of. XL VII. Land Sold not Subject to Tax t how Proceed. XLVIII. Sales not Invalid, when. XLIX. Laws of the Slate to Govern. Division I. — Assessments Generally. Section 1. (May 15, 1862) — § 1. Be it ordained by the City Council of the City of Champaign , That the City Assessor and Col¬ lector shall, annually, after being qualified and entering upon the Cn\r. '24. Txxirs. discharge of tlie duties of his office, make out, in a suitable book or books, a list of all the real estate within the city, subject to taxation, listing and describing the lots or tracts in each addition, in numerical order, and subdividing any lot or tract by correct descriptions, when known to him to be owned in part by different persons. The valua¬ tion thereof, and the name of the owner, if known, shall be set opposite thereto. If the owner is unknown, a blank shall be left, to be filled with his name when ascertained ; and if after reasonable diligence, the owner cannot be found, he shall designate, opposite to such lot or tract, the name of the owner as “ unknown.” I bid. Sec. 2. The Assessor and Collector shall also rule columns in his book for the listing of personal property subject to taxation. The names of the owners of personal property shall be entered in alphabetical order. The lists of real and personal property may be made in the same form, as near as is practicable, as the real and personal property lists of County Assessors under the lavs of the State. I bid. Sec. 8 . lie shall, after making out his list, proceed to Ascertain the value of the real property within the city, subject to taxation, by actual view thereof, and from the best information he can obtain, and shall make the assessed valuation of each separate lot or tract, in figures, opposite the description thereof. He shall call upon each inhabitant required by law to list any property for taxation, at his or her residence, lodging, place of business, or elsewhere, and shall demand a certified statement of all their personal property within the city, and of all the personal property belonging to o»* in the possession of such person, made taxable by the laws of the State, for State purposes, including moneys, credits, investments in bonds, stocks, joint stock companies, or otherwise, in his possession or under his control, which he or she is required to list for taxation, by the laws of this State, either as owner, agent, guardian, parent, husband, trustee, executor or adminisitrator, receiver, accounting officer, partner or factor, with such description thereof as will enable him to list and value the same. Ibid. Sec. 4. He shall procure the necessary blank forms for such certified statement, and shall value all property at its cash valua¬ tion. Personal property shall be listed and assessed with reference to the quantity and value on hand on the first day of May in each year, including all property purchased on that day. If the personal droperty is in view, and lie can ascertain the value thereof, lie shall value the same ; but when it is not in view, or he is unable to ascertain the value thereof to his satisfaction, he shall require the person listing to give in the description and value thereof under oath. I bid. Sec. A If any person shall be sick or absent when called upon by the Assessor and Collector, he shall leave at his or her resi¬ dence, lodgings or place of business, a notice with a blank form attached, requiring him or her to make out and leave at his office, on or before ri certain day (not less than five days thereafter), to bo named therein, 176 Cha f. 24. Taxes. a statement certified by him or her (under oath, if required), of all the personal property which he or she is required to list; the name of the person and the date of the notification shall be noted in a book to be kept for that purpose. Ibid. Sec. 6. If the Assessor and Collector shall be unable to^ find the owner of any personal property, or any other person required to list the same, or if such owner or other person shall neglect to give in a list of his property when duly notified, the Assessor and Collector shall list and value the personal property of such person, according to the best information he can obtain ; or if he believe that the personal property of any person has been undervalued in the listing thereof, he shall list and re-value such property at what he considers its true valuation, and shall notify such person of such increased valua¬ tion. Ibid. Sec. 7 . If any person shall give in a false or fraudulent list of his personal property, or of any personal property which he is required to list, or shall refuse to deliver to the Assessor and Collector, when called upon, a true list, certified by him, of his personal prop¬ erty, or of personal property which he is required to list, or shall refuse to give in such list upon oath, when required by the Assessor and Collector, the Assessor and Collector shall, in either case, as a penalty therefor, list his personal property, or the personal property 'which he is required to list, at what he may deem double its value, and, upon his failure to do so, he shall be subject to a penalty of fifty dollars in each case. Ibid. Sec. 8. The Assessor and Collector, if any person shall neglect or refuse to list his personal praperty, or any personal property which he is required to list, or if he shall be unable to find any person required to list any personal property, or if any person shall refuse to list the personal property which he is required, under oath, when required by him ; or if he believes any person has listed his personal property, or any personal property which he is required to list, at less than the true valuation, or falsely or fraudulently, shall have power to examine, upon oath, any other person whom he may suppose to have any knowledge of the amount or value uf all the personal prop¬ erty, moneys and credits, which any such person was required to list. Any person who shall refuse to be sworn, or to testify when so required by the Assessor and Collector, shall be subject to a penalty of not less than five dollars in each case. Ibid. Sec. 9 . When personal property is not listed by the owners, the Assessor and Collector shall note, opposite the name of the owner, by whom listed, as, by- --, agent, or by Assessor, as the case may be. He shall arrange the certified statements of property received by him alphabetical order, and shall carefully file and pre¬ serve them in his office. Ibid. Sec. 10 . If he shall find any real or personal property which has not been listed, assessed and taxed in any former year, when, by the laws and ordinances governing the city, it ought to have Chap. 24. ITT AXES* been listed, assessed and taxed, he shall list and value the same for each year so omitted, noting each year for which the same is so listed and assessed. Ibid. Sec. 11. When the Assessor and Collector shall have completed his list, he shall revise and correct them, and shall add up the several columns of his list and carry the amount forward, so as to show at the end thereof the total valuation of his real and personal property. He shall return his lists to the City Council on or before the first Monday of August in each year (unless the City Council shall, by an order, extend the time of such return), with an affidavit annexed, in substance as follows, to-wit: I, —-- - —, City Assessor and Collector of the City of Cham¬ paign, do hereby solemnly swear, or affirm (as the case may be), that the foregoing is a correct and full list of all the real and personal property within the city, subject to taxation, so far as I have been able, with diligence, to ascertain the same, and that I have valued the same, as I believe, at the full cash value thereof, estimated agreeably to the rules prescribed therefor in the laws of the State for the assess¬ ment of property, and that the aggregate value thereof, such as set forth, is true and correct, as I believe. Assessor and Collector. OF THE RETURN OF THE ASSESSOR AND COLLECTOR’S LIST. Ibid. Sec. 12. When the Assessor and Collector shall have- returned his lists to the City Council, they shall, by an order, fix a day for the hearing of objections thereto. The City Clerk shall give notice of the time and place so fixed for the hearing of such objections, by publishing in the paper publishing the ordinances of the city, which publication shall be made at least five days before the day appointed for the hearing of such objections, an advertisement, sub¬ stantially as follows, to-wit: NOTICE TO TAX-PAYERS —ASSESSMENT LISTS. City Clerk’s Office, ) Champaign, III., -, 18—. / Notice is hereby given that the lists of all the taxable and real and personal property within the city, for the municipal year A. I). 18—, have been returned to the City Council by the City Assessor and Col¬ lector, and that objections thereto will be heard by the City Council, at the meeting to be held at -, on the *- day of - T instant (or next), at which time and place all persons aggrieved by the- assessment of their property may appear, and no others, and make and file their objections in writing. - -, City Clerk. Ibid . Sec. 13. Any person aggrieved by the assessment of hia property, or any property which he is required to list, may appear at OQ Ciiap. 21. 178 1 AXE&. the time specified, and make and file his objections in writing, stating, as specifically as maybe, the nature of his objections. All objections shall be made or filed at or before the meeting of the City Council called to hear and determine the same, and at no other, and the facts .stated in such objections shall be verified upon oath, either by the person making the same, or by a creditable witness. Ibid. Sec. 14. The City Council, convened for the purpose of hearing objections, shall hear and determine them in a summary mam ner, and shall correct all errors and supply any omissions they may discover in the lists, and, for the purpose of equalizing them, may alter, add to, take from, or otherwise correct and revise the same, or may refer them back to the Assessor and Collector, with instructions to him to revise and correct them, or they may be referred to a com¬ mittee for that purpose; but all corrections and alterations shall be reported to the City Council, for their final action and approval. The City Council shall not, in any case, remit or reduce the assessment of double the value of the property of any person listed by the Assessor and Collector as a penalty for his refusing to list his property, or for refusing to give it in upon oath when required, or for giving in a false or fraudulent list. Ibid. Sec. 15. The Assessor and Collector shall attend the meeting of the City Council, convened for the purpose of hearing objections to his lists, and shall give all information in his power in relation to any property, to the assessment of which any objection may be made by any person aggrieved. Ibid. Sec. 16. When the Assessor and Collector’s lists shall have been revised and corrected by the City Council, they shall, by the passage of an order, to be entered at full upon the journals of the Clerk, approve and confirm them, and direct that they be filed, and that a warrant issue for the collection of the several taxes which may be levied and assessed thereon. The order may be substantially as follows, to-wit: Whereas, The assessment lists for the municipal year one thousand eight hundred and-• have been duly made and returned by the City Assessor and Collector, and revised and corrected by the City Coun¬ cil, after due notice to all persons aggrieved thereby, and full hearing of all objections thereto, it is Ordered, by*the City Council of the City of Champaign, that the said assessment lists, and the several assessments therein contained, as revised and corrected by the City Council, be, and the same are hereby confirmed and approved, and that they be filed, and that a warrant issue for the collection of the several taxes which may be assessed and levied thereon. Ibid. Sec. IT. The City Council shall thereupon, by an ordi¬ nance, levy upon all the taxable real and personal property listed, such sums of money as may be sufficient for any or all of the several pur¬ poses for which taxes are authorized to be levied, not exceeding the % Chap. 21. 179' • Tax ns. authorized percentage, particularly specifying each purpose for which the same are levied, and if not for general purposes, or for the whole city, the district or division upon which they are laid. Division II. — Of the Collection of Taxes. 1 bid. Sec. 18. The City Clerk shall, as soon as may be after the passage of the ordinance or resoltion levying taxes, and within thirty days at least, unless the time shall be extended by the City Council, make out and deliver to the Assessor and Collector a warrant for the collection of such taxes. The warrant shall contain a true copy of the corrected assessment lists, with additional columns ruled therein for the entry of each tax which may be levied by the City Council. Each column shall be headed with the name of the tax ; a column shall also be ruled for the entry of payment, when taxes are paid to the Assessor and Collector. The City Clerk, shall calculate the amount of each separate tax, rejecting fractions of a cent, in all cases, and place it in the proper column, opposite the name of the person or description of the property chargeable therewith. He shall carefully compare and add up each column, and carry the amount forward, so as to show at the end of the tax list the total amount of the taxes levied. He shall test the accuracy of his computations and additions by calculating the tax on the total valuation of the property on each page, so that he may be certain that the taxes have been correctly extended and added. If the property is assessed for any former year, he shall calculate the percentage of each several tax due for that year, noting the year for which such taxes are leveid, and the Assessor and Collector shall collect the same, with the interest thereon at the rate of ten per cent, per annum, from the date from which they were due until paid. Ibid . Sec. 19. The warrant shall be issued returnable within ninety days from the date thereof, and shall be signed by the Mayor and City Clerk, under the corporate seal, and may be substantially as follows, to-wit: STATE OF ILLINOIS, \ City of Champaign, j The People of the State of Illinois, to the City Assessor and Collector of the City of Champaign, greeting: Whereas, The City Council of the City of Champaign did, on the --day of -, A. D. 18—, assess and levy upon the assessed value of the real and personal property herein described, the several sums of money set opposite to each, respectively, in the appropriate columns, for general — and — taxes (according to the several kinds of taxes levied), of the City of Champaign, for the municipal year one thousand eight hundred and —, as follows : [here describe the real and personal property, with the valuation thereof, making a perfect copy of the corrected assessment lists, and specifying and setting down the several taxes levied by the City Council, in separate columns, carrying Ch.' r. 24. T80 Ta’X4S, forward the totals of each column, and leaving a blank column for the entry of payment]. Now, therefore, you are hereby commanded to make levy and collect the several sums of money set opposite to the real and personal property herein described, as the taxes thereon, for the year aforesaid, of the goods and chattels of the respective owners of said real and personal property, and make due return in what manner you shall execute this warrant, within ninety days from the date thereof. Witness A. B., Mayor of the City of Champaign, and the corporate seal thereof, this -- day of —«-, A. D. nne thousand eight hundred and —-. A. B., Mayor. C. D., City Clerk. Ibid. Sec. 20. The several taxes shall be due and payable from and after the approval of the corrected lists, and the passage of the ordi¬ nance or resolution levying the taxes, and from that time be a lien upon real property for two years, and shall be a lien on personal property from and after the delivery of the warrant to the Assessor and Col¬ lector until paid, and no sale or transfer thereof shall affect the lien. Ibid. Sec. 21. On issuing any warrant for taxes, the City Clerk shall take duplicate receipts from the Assessor and Col¬ lector, specifying the amount of taxes levied by the warrant, one of which he shall file with the Treasurer, and they shall charge the Assessor and Collector on their books with the full amount thereof. Ibid. Sec. 22. The Assessor and Collector, upon receipt of the warrant, shall immediately proceed to collect the taxes levied therein; and he shall, without delay, cause a notice, signed by him, to be pub¬ lished for two weeks successively in the newspaper publishing the ordinances of the city, stating that the warrant for the collection of the several city taxes for the municipal year A. D. 18—, upon all the taxable real and personal property within the city, and all the taxable personal property of the inhabitants thereof, has been delivered to him for collection of the same, and that payment thereof is demanded. Such notice shall be deemed a sufficient demand, and a neglect to pay such tax, for twenty days after the expiration of said notice, shall be deemed a refusal; but he shall, as far as is practicable, make personal demand of payment of each person charged with taxes, of his agent, if knoAvn, and to be found within the city. Ibid. Sec. 28. He shall have power, by virtue of his warrant, to distrain and sell any personal property of any person charged with real or personal property taxes, for the payment thereof, together with the costs, who shall refuse to pay the same on a personal demand, or for twenty days after the due publication of notice, when no per¬ sonal demand has been made, or he may distrain forthwith, if he apprehend danger of the loss of the taxes by the removal of the / CilAP. '24. 181 ^Axr.k property of any person owing taxes or otherwise, or he may collect such taxes b} r suit in the corporate name, before any court having jurisdiction, at any time after a demand and refusal to pay the same.* Ibid. Sec. *24. He shall, before selling any personal property 'distrained by him, give at least five days’ notice of the time and place of sale, by posting up notices thereof at the front of the post office, and in at least two other of the public places of the'city, describing the personal property to be sold, and stating the name of Hie delin¬ quent, and the amount of the taxes and costs for which the same Will be sold. The sale shall be at public auction, between the hours of nine o’clock a. m. and five o’clock p. m., and no more of the property distrained shall be unnecessarily sold than will be sufficient to pay the taxes due and the costs of distraining and sale. Any surplus shall be paid to the delinquent. For levying and selling, the Assessor and Collector may charge and receive a fee of fifty cents, and five per cent, on the amount collected by such sale, together with the necessary costs and charges of removing such property, and keeping the same., from ■the time of distraining thereof until sold. Ibid. Sec. 25. The Assessor and Collector, upon the receipt of the money for the payment of taxes, shall mark the word “paid” opposite to the name of the person or description of the property charged therewith, and he shall also give a receipt therefor to the person paying the same, stating the amount, describing the property, the valuation thereof, and the several taxes for which the same was paid. Ibid . Sec. 26. If the Assessor and Collector, in collecting taxes^ shall find any error in calculation of taxes in his warrant, he shall correct the same; and if he shall discover any taxable property omit¬ ted in his warrant, he shall note the same, and report such property, with the valuation thereof, to the first meeting of the City Council thereafter, and the City Council shall, by an order, direct the City Clerk to enter such property, with the valuation thereof, in the war¬ rant, and he shall compute the amount of the several taxes due upen such property, and set the same down in the appropriate columns, in the same manner as if it had been originally listed, and the taxes thereon shall be collected in like manner. Ibid. Sec. 27. Real property shall in all cases be liable for the taxes levied thereon. Personal property shall be liable for the taxes levied on real property, and real property shall be liable for the taxes levied upon personal property; but the taxes due upon personal property shall not be charged upon real property, except in cases of removal or insolvency, or otherwise where the taxes cannot be collected and made out of the personal property; but the Assessor and Collector may, in all cases, distrain and sell personal property for taxes due upon real property. * A collector of taxes, under municipal ordinance, must, in distraining property for taxes, in all ti# .Vlfceedings, strictly follow its directions. See Allen vs. Scott, 13 Ill., 80. Chap. 24. 182 1 axes: £ '5*^ I Division III. — Of tiie Return of the Warrant. Ibid. Sec. 28. The City Council may extend the return day of any warrant, by order or resolution. On the return day of the war¬ rant, the Assessor and Collector shall make return thereof to the City Council, or, if not in session, he shall make return to the next meeting of the City Council after the return day. His return may be substantially as follows, to-wit: STATE OF ILLINOIS, 1 gg City of Champaign. j City Assessor and Collctor's Office, Ciiampaihn, - -, 18—. To the City Council of the City of Champaign : The undersigned, City Assessor and Collector of the City of Cham¬ paign, makes return to the City Council of the foregoing warrant, that he has collected the taxes on all the real and personal property described in said warrant, opposite to which, in the appropriate column, the word “paid” is written; chat demand of payment has been made of all the taxes not marked “paid,” by notice, duly published in the news¬ paper publishing the ordinances of the city, and personally of tho several persons charged therewith, in each case, where he has been able, by diligent inquiry, to find such persons ; and that he has not been able to collect such tax of such persons, or to find any personal property belonging to them, or either of them, out of which the taxes could be made. He therefore returns the said warrant unsatisfied, as to all the taxes not marked “ paid ” on the face thereof. A. B., City Assessor and Collector. Ibid. Sec. 29. The Assessor and Collector shall also make out and return with his warrant a statement, in writing, of the names of all persons charged with personal property taxes, and the amount thereof which he has been unable to collect., by reason of insolvency y removal or otherwise. If the delinquent shall own any real estate within the city, the fact shall be reported, and the City Council may order that the personal property taxes due from each delinquent shall be charged to any of his real estate, and the same shall be so charged and added to the taxes due upon any of his real property,, by the Assessor and Collector. He shall report any error which he may have found in the warrant and corrected- Ibid. Sec. 30. When any warrant shall be returned unsatisfied r in whole or in part, as to any taxes due on real property, or as to any taxes due on personal property, charged against any real property, the City Council shall, by the passage of an order, to be entered at full upon the journals, by the City Clerk, direct the Assessor and Col¬ lector to sell the delinquent premises (describing the same, with the name of the owner thereof, if known, and the several taxes due against the same, as fully as set forth in the warrant), or so much thereof as may be necessary to pay such taxes and the costs of sale.. Chap. 24. Taxes. 183 he first giving due notice of the time and place of such sale, as required by law. The order may be substantially as follows, to- wit :* Whereas, The warrant issued oh the -—— day of ——-, A. D. 18-—, for the collection of the taxes levied by the City Council of the AJity of Champaign, upon the assessed value of all the real and per¬ sonal property within said city, and the personal property of the inhabitants thereof, listed for and subject to taxation for the municipal year A. D. 18—, has been returned by the City Assessor and Col¬ lector unsatisfied as to the following described real property not marked “paid,” in said warrant, and upon which the taxes thereon, as charged against the same, yet remain due and unpaid, to-wit: [here describe each separate delinquent lot or tract, with the name V)f the owner thereof, if known, and the several taxes due thereon, as full as set forth in the Warrant], It is therefore ordered by the City 'Council of the City of Champaign that the Assessor and Collector proceed to sell the afore described delinquent lots, premises and real estate, or so much thereof as may be necessary to pay the several taxes respectively due thereon, and charged against the same, ■and the costs of the sale thereof, in the manner prescribed by law, he first giving due notice of the time and place of such sale, as regu¬ lated by law. Ibid. Sec. 31. The City Clerk shall, without delay, after the passage of the order of sale, make out a certified copy thereof, signed by the Mayor and himself, under the corporate seal, and shall attach the same to the warrant, and deliver them to the Assessor and Col¬ lector. The warrant, and the certified copy of the order of the City, Council attached thereto, shall constitute the process upon which the Assessor and Collector shall sell the delinquent lots, premises and real estate described therein, and they may be sold at any time within two years after the approval and confirmation cf the corrected assessment lists by the City Council. Ibid. Sec. 32. The Assessor and Collector shall then sell the delinquent premises, or so much thereof as may be necessary to pay the several taxes respectively due and charged thereon, and the costs of advertising the same for sale, he first giving notice of the time and place of sale, by publishing an advertisement at least four times in the newspaper publishing the ordinances of the city, the first publica¬ tion to be made at least thirty days before such sale, describing in such notice the delinquent lots or premises, by figures or otherwise, with the name of the owner thereof, if known, and the amount of the several taxes respectively due thereon, as fully as set forth in the warrant, *and the year for which such taxes are due, and the cost of sale, and stating the smallest portion of the delinquent lot, part of lot, or premises, to be taken from the east side thereof, will be sold to the * There is no power to sell real estate for non-payment of taxes, save upon a judgment of a court of •record. See Brown rs. City cf Joliet, 22 Ill., 125. \Cn.vT: 2 1 1ST 1' A X ESA person who will take the same and pay the several taxes due thereon, and the costs of advertising the same for sale. The notice of sain may he substantially as follows, to-wit: CITY TAX SALE. City: Assessor and Collector's Office,. V Champaign, -, 13—. f Kotice is hereby given that the undersigned, in pursuance of the- Warrant for the collection of the taxes, and the order of the City Council of the City of Champaign, passed on the —-day of —- f A. D. 18-—, will on the —-day of —-— next, between the hours- of ten o’clock a. m. and six o’clock p. m., at —-—, in this city, sell at public auction the smallest portion of each of the lots, parts of lots^ real estate and premises hereinafter described, to be taken from thr- east side thereof, to the person who will take the same and pay the several sums set opposite to each, being the taxes levied, assessed and charged thereon by the City Council of said city, for the several pur¬ poses named, for the municipal year A. D. 18—, together with the costs of advertising the same for sale, to-wit: (here describe the delinquent premises, with the name of the owner thereof, if known, and the sev¬ eral taxes respectively due thereon,, as fully as set forth in the warrant),. -cents will be charged upon each separate lot, or tract, as the costs of advertising the same for sale. - —-, City Assessor and Collector. Ibid. &-eG. 33. All proceedings may be, stopped at any time* before sale by payment of the amount of the taxes due and the costs-, of advertising. Ibid. Sega 34. The Assessor and Collector shall sell the delin¬ quent real property for the taxes charged against the same and due thereon, at his. office, or at such other public place in the city as may be named in his notice, on or before the first Monday of February in each year, unless the City Council, by order or resolution, extend the- time of such sale. Division IY. — Sale of Real Property for Taxes. Ibid. Sec. 35. The Assessor and Collector shall, on the day of sale, attend at the place of sale mentioned in his notice, and shall,, between the hours of ten o’clock a. m. and six o’clock p. in., of such day, offer for sale each lot, part of lot, or tract of real estate, so advertised, for sale, upon which the taxes then remained due and unpaid, and if he shall fail to attend such sale, unless prevented by sickness or other unavoidable cause, in which case the City Clerk shall attend such, sale and. act in his place, he shall be liable to pay to the city the full, amount of the taxes due upon all property so advertised for sale, with all the costs and charges thereon, in the same manner as if the same had been sold; and he may afterwards collect such taxes and costs, and may re-advertise and sell the delinquent real property, bn the. manner, herein required foi; such taxes and costs, to re-imburses Chap. 2L.. Taxes. T Bo¬ th e amount so paid by him ; but no additional cost shall be made at such sale, and no property shall be struck off to the city, nor shall the Assessor and Collector, or the City Clerk, at any sale for the taxes, either for himself or others, bid upon or purchase any lot or tract, or any part thereof, for the taxes due thereon, under a penalty of not less, than twenty-five dollars, and any such sale shall be void. Ibid. Sec. 36. The sale shall be made for the smallest portion of the lot or tract, to be taken from the east side thereof, to the person who will take the same, and pay the amount of taxes charged against and due upon such lot or tract, and the costs of advertising the same for sale. The purchaser shall, upon the lot or tract, or the smallest part thereof bid for, being struck off to him, pay the amount of the taxes due thereon, and if he shall fail to do so, the premises shall again be offered for sale, and no sale shall be considered as completed until payment is made. The person so forfeiting shall be subject to a penalty of not less than three times the amount of the taxes due upon the property bid off and forfeited by him, to be recovered as in other cases. The sale shall be continued from day to day, until all the premises advertised are sold. Ibid. Sec. 37. The Assessor and Collector, upon the receipt of the taxes due, shall make out and sign duplicate certificates of purchase, one of which shall be delivered to the purchaser and the other shall be filed with the City Clerk. The certificate shall contain a description of the delinquent premises sold, with the name of the owner thereof, if known, and the amount of the several taxes due- thereon, and the costs for which the same was sold, the part sold, with the name of the purchaser thereof, and shall state the payment of the taxes due, and the cost, by the purchaser, the date of the sale, and the time when the right of redemption will expire, and may be substan¬ tially as follows, to-wit: City Assessor and Collector’s Office, f Champaign, -, 18—. \ This certifies that at a sale of the delinquent real property within the City of Champaign, for the several taxes due thereon, for the municipal year A. D., 18—, held at -, in said city, on the - day of --, 18—,-purchased the-of the following described lot (part of lot or real estate), being the smallest part thereof bid for, for the total amount of the several taxes and the costs set opposite thereto, to-wit: Name of owner, description, taxes, costs, total, lot, block, addition, general taxes, lamp tax, which said taxes and costs the said-has this day paid to the undersigned, and he will be entitled to a deed for-(and describe the premises sold),unless the same shall be redeemed on or before the-day of -, A. I). 18— (two years from the date of sale), at which date the right of redemption will expire. City Assessor and Collector. fCiiAP. 24. 186 • *'i> I a x as* Ibid. Sec. 38. The Assessor and Collector shall, without delay., make out a certified list of all the sales of real property made by him for the taxes due thereon, and the costs, describing the delinquent premises sold, with the name of the owner thereof, if known, and the several taxes due thereon, for which the same were sold, and the costs, the total amount of the taxes and costs, the name of the pur¬ chaser, and the date of the sale thereof, and shall return the same, together with the warrant and order of sale, to the City Council. He shall also obtain, attach to and file with his certified list, a copy of the notice of sale, with the proper certificate of the printer or publisher, that such notice was published in the newspaper publishing the ordi¬ nances of the city (naming the same) at least four times; that the first publication was made on the-day of -, 18 — (at least thirty days prior to said sale), and the last on the-day of --, 18 —. Upon the approval of such return by the City Council, the City Clerk shall make an entry thereof upon the journals, and he shall, without delay, record such certified list in the record book, for the entry of tax sales, and shall file and preserve the original in his office. Ibid. Sec. 39. When any real property shall be redeemed, the City Clerk shall make an entry thereof upon the record of the tax sales, opposite the description of the property sold, naming the person redeeming, the amount paid, and the date thereof, and he shall make a special deposit of the redemption money, if paid to him, with the City Treasurer, taking his receipt therefor, and giving to [the] person redeeming a certificate of redemption, signed by him, under the corpo¬ rate seal, describing the premises sold, and stating to whom sold, the amount of taxes and costs sold for, and the amount paid to redeem, including taxes subsequently paid, and the interest thereon, if the same have been paid by the purchaser; and he may charge and receive a fee of fifty cents for each certificate of redemption issued by him, to be paid by the person redeeming. Ibid. Sec. 40. The person redeeming shall pay, within two years after the date of the sale, to the purchaser or his assignee, or to the City Clerk, for his use, double the amount in specie of the taxes and costs for which the premises were sold, together with all taxes accruing sub¬ sequent to the sale, and paid by such purchaser or his assignee, for his use, with interest upon such taxes, at the rate of ten per cent, per annum from the date of payment thereof. But any infant, lunatic, or feme covert may redeem any of his or her real estate sold for taxes due thereon, at any time within one year after his or her disability is removed, upon the terms herein specified; or the guardian, friend, or other person, for any such infant, feme covert , or lunatic, may, at .any time before his or her disability is removed, redeem such real estate from any sale for the taxes due thereon. 1 bid. Sec. 41. If any real property (not belonging to any known infant, feme covert or lunatic), shall not be redeemed within two years ftfter the date of the sale thereof, for the taxes due thereon, and the Chap. 24 . 167 T AXP.S costs, or within one year after the removal of the disability of any known infant, feme covert or lunatic, owning the same, the City Council shall, upon the return of the certificate of purchase, or proof of its loss, order a deed to be executed to the purchaser, or his assignee, under the corporate seal, signed by the Mayor or the presid¬ ing officer of the City Council, and countersigned by the City Clerk, and conveying to such purchaser, or his assignee, the premises so sold and unredeemed. But hereafter no purchaser of any land, lot or real estate, at any sale thereof for taxes due to the city thereon, or at any sale thereof for any assessment levied for any purpose, authorized by law, and due the city thereon, shall be entitled to a deed for any land, lot or real estate so purchased, until he shall comply with the following conditions, to-wit: Such purchaser or his assignee, shall serve, or cause to be served, on every person in possession of such lot, land or real estate, at leastr three months before the expiration of the time of redemption on such sale, a written notice of such purchase, in which he shall state the time when he purchased such lot, land or real estate, with a description of the same, and the time when the right of redemption will expire. In like manner he shall serve, or cause to be served, a similar written notice upon the person or persons in whose name or names such land, lot or real estate is taxed, or listed for taxation, if such person or persons shall reside in the count}? - of Champaign; but if the person in whose name the land, lot or real estate is taxed, does not reside in the county of Champaign, such purchaser, or his assignee, shall cause such notice to be given by publishing, for three times at least, an advertisement in some newspaper printed and published at the City of Champaign, the last publication to be made not less than three months before the time of redemption will expire. Every such purchaser, or his assignee, by himself or agent, before he shall be entitled to receive a deed, shall make an affidavit of his having complied with the condi¬ tions of this section, stating particularly the facts relied on as such compliance, which affidavit shall be delivered to the City Clerk, ■who shall enter the same upon the records of deeds for tax sales in his office, and he shall carefully file and preserve the same in his office, and such record or affidavit shall be prima facie evidence that such notice has been given. Any person swearing falsely in such affidavit shall be deemed guilty of perjury, and punished accordingly. In any case [where] any person shall be compelled to publish a notice- in a newspaper, as herein required, then before any person, who may have a right to redeem such land, lot or real estate from such tax sale, shall be permitted to redeem the same, he or she shall pay to the' officer or person authorized by law to receive such redemption money, the customary printer’s fee for publishing such notice, and the* expenses of swearing or affirming to the affidavit and filing the same. Ibid. Sec. 42. The City Clerk shall, after the passage of the* order, make out and deliver to the person entitled thereto, upon his- compliance with the requirements of the preceding section, a deed 'Chap. 24. Taxi’S - . 188 for the premises sold, conveying the same to him in behalf of the city, and he shall make an entry in the record of tax sales of deeds so made and delivered by him, describing the premises conveyed, the person to whom conveyed, and the date of the deed. Division Y. — Miscellaneous Provisions. Idl'd. Sec. 43. The Assessor and Collector shall have power, to levy and collect any taxes which may remain due and unpaid after his return or final settlement, at any time, and in the same manner as before the return of his warrant. If any person, or the personal property of any person Who shall have been returned delinquent, shall be afterwards found, he shall levy and collect the taxes due from such person or property* by distress or suit, as in other cases. Ibid. Sec. 44. When the taxes due upon the same property shall be more than once paid for the same year, by different persons* the Assessor and Collector shall pay all such surplus taxes into the city treasury, and shall make a return thereof to the City Council* with the names of the persons paying the same, and he shall also enter the names of the persons paying the same opposite to the descrip¬ tion of the property in the warrant. Ibid. Sec. 45. When any property shall be double assessed, oi 4 assessed for taxation when not subject thereto, and the taxes so erro¬ neously assessed have been paid, the City Council shall, upon applica¬ tion being made by the proper person, and satisfactory evidence of the facts, order such taxes, and the costs, if any, to be refunded to such person ; and if the Assessor and Collector, after the payment of the taxes due upon any property, shall erroneously sell such property for such taxes, he shall refund to the purchaser double the amount of the purchase money. Ibid. Sec. 46. If the Assessor and Collector shall over-pay into the city treasury, the City Council shall order the amount of such over-payment to be refunded to him. Ibid. Sec. 47. When any real estate not subject to taxation, of upon which the taxes due have been paid prior to the sale, shall be sold for taxes, the City Clerk shall make an entry in accordance with * * the facts, upon the record of tax sales, opposite to the description of the property. Ibid. Sec. 48. No sale of real property for taxes shall be invalid on the account of the same not being listed and assessed in the name of the proper owmer thereof, if such real estate shall be, in other respects, sufficiently described, and the taxes thereon were due and unpaid at the time of the sale thereof; and in describing any property, or stating the value thereof, and the amount of taxes due thereon, figures and the usual abbreviations may be used in any list, warrant, notice, of other proceeding, in relation to the assessment or collection of taxes. Ibid. Sec. 49. In all cases arising in the assessment of property for taxation, or the collection of taxes thereon, not herein provided for, the laws of the State in relation thereto, so far as the same may be applicable, shall be pursued and adhered to. 'Oil a rs 25-26. 189 V sLociPEDES—W ards CHAPTER XXY. Velocipedes. AX ORDINANCE in Relation to Velocipedes. 1. Velocipedes Prohibited from Running on Sidewalks. Section 1. (July 24, I860) — § 1. Be it ordained by the City Council of the (\ity of Champaign , That on and after the due publi¬ cation hereof, no person shall be permitted to run a velocipede over the sidewalks or street crossings of said city. Any person violating the provisions hereof shall be lined in any sum not less than three dollars. CHAPTER XXVI. Wards. AN ORDINANCE Defining the Wards of the City* IV. Defines Fifth Ward. V. Defines Sixth Ward. VI. Defines Seventh Ward. I. Defines First and Second Ward. II. Defines Third Ward. III. Defines Fourth Ward. ' Section 1. (Feb. 15, 1868) —§ 1. Be it ordained by the City Council of the City of Champaign , That the First Ward of said city shall consist of and include so much and such part of the terri¬ tory within the limits of said city as lies east of the centre of the main line of the Illinois Central Railroad, and north of the centre of East Park street, and that the Second Ward of said city shall consist of and include so much and such part of the territory within the limits of the City of Champaign as Ires east of the centre of the main line of the Illinois Central Railroad, and south of the centre of East 51 ain street. Sec. 1 . (April 2, 1862) — § 2. The Third Ward shall be bounded as follows : On the north, commencing at a point in the centre of said railroad track, also in the centre of East and West Main street; thence west along the centre of West Main street, to the western boundary of the city; on the wrnst and south by the bounda- uries of the city, and on the east by the centre of said railroad track-, and shall be called the “Third Ward.” Sec. 1. (Feb. 22, 1868)—-§ 3. That the Fourth Ward of said, city shall consist of all that territory lying west of the centre of the main track of the Illinois Central Railroad, and north of the centre cf North street and Washington street, of said city. Chap. 26 . W ARC'S, 190 " Sec. 1. (April 2, 1862) —§ 4. The Fifth Ward shall include all the territory of the city south of the centre of West Church and: Main streets, and west of the centre of said railroad tract* and north of the centre of West Main street, and east of the western boundary of the city, and shall be called the “ Fifth Ward.” Sec. 1. (Feb. 15, 1868) — § 5. That the territory lying within the limits of said city and between the centre line of East Park street and the centre line of East Main street, and east of the centre of the main line of the Illinois Central Railroad, shall constitute and be included in, and is hereby made and declared to be the Sixth Ward of the said City of Champaign. Sec. 1. (Feb. 22, 1868) — § 6. All that territory lying and being within the following boundaries, to-wit: Commencing at the centre of the main line of the Illinois Central Railroad, running west along the centre of Main street, to centre of Neil street; thence north to centre of Church street; thence west, along the centre of Church street, to city limits; thence north to centre of Washington street^ thence east, along the centre of Washington street, to centre’ of Neil street; thence south to centre of North street; thence east" to centre of main track of Illinois Central Railroad; thence south, along centre of said track to place of beginning — is hereby made* constituted and declared to be a new ward, to be called and known as¬ dic k< Seventh Ward ” of said City of Champaign. CERTIFICATE of Authentication. f yj ^CERTIFICATE OF AUTHENTICATION. ss. STATE OF ILLINOIS, City of Champaign. We, the undersigned, Major and City Clerk of the City of Chains paign, do hereby certify that the foregoing are true and authentic -copies of the original charter of the City of Champaign, and the acts amendatory thereof, and of the ordinances of said city, passed by the City Council of said city, now on file in the office of the City Clerk ; and that the same were revised, printed and published herein by authority of the City Council of the said City of Champaign. ( SEAX^In testimony whereof, we have hereunto set our hands, and caused the corporate seal of said City of Champaign to -be affixed, this 31st day of January, A. D. 1872. JOSHUA DICKERSON, Mayor, J. W. Pollock, Clerk. Off’If SR# Of Cirffv. f92 OFFICERS OF THE CITY OF CHAMPAIGN, ILL* MAYOR, JOSHUA DICKERSON. ALDERMEN, John Graham, 1st Ward. Levi S. Bullard, 2d, M William Nash, 3rd Patrick Coffey, 4th Geo. N. White, 5th “* Laban Brazelton, 6th “ Levi Dodson, 7th “ city attorney, J. S. Jones. CLERK AND TREASURER, J. W. Pollock. ASSESSOR AND COLLECTOR* U. Shivers. Marshal, jE. T. McCann. POLICE MAGISTRATES* I. II. Hess, H. Hopkins. SUPERVISOR* Tiios. P. Cady. I IsT ID IE X. Abatement— Of Nuisance, refusing to. penalty for.. a U cost of, collected how.. it u cost of, account of kept, report of.. It it in scaffolds and other erections, how pro¬ ceed . a a assessments for, how made, form of_.... in frame buildings, within fire limits, how.. u Abetting— it Illegal voting, penalty for.... Unlawful acts, penalty for. ... The hindering-or resisting of an officer, penalty for..... The escape of parties under arrest, penalty for... Absent— Officer, duties of, assigned to another, how.. Accounts— Supervisor shall keep, of expenditures, how. Of implements, Supervisor shall keep, how. Supervisor shall examine all, in his department.. “ shall keep, of cost of constructing sidewalks, form of.... Against city, how presented.... “ “ audited, how.... u u to be sworn to, when. And expenditures of city, how kept...... Acting Mayor— Appointment of, powers and duties of.. Action— Right of, under ordinance, not lost by repeal of... Of Commissioners, in laying out streets, etc., notice of, form of....... To be brought in the corporate name... For fines, etc., to be in debt. First process in, to be summons. Former rights of, to be prosecuted by the corporation... Acts— Legal, not to be invalidated, when. Additions— To city, how made,. To be platted, how... To city, how made. Platting and approval of.. Of tracts to the city, how made.. Platting, lots and blocks in. Must conform to original town.. Section . Paget. 1-2 117-118 12 120 13 120 21 123 22 123 6 80 22 73 5 105 40 109 41 109 7 128 39 134 39 134 40 135 10 155 1 63 1 63 1 63 10 7 8 7 9 137 7 164 12 33 12 33 13 33 17 34 22 34 3 X 6 32 12 40 12 40 l 63 1 64 1 64 194 IVDEX. Additions— To be submitted to City Council for approval. In making of, violation of See. 1 of ordinance on, pen¬ alty for.. Affidavits— For the arrest of parties, what to contain. In commencing suits under ordinances. Alarm— False fire, penalty for.. Aldermen— The number of.. The salary and fees of.. The term of office of.. To be residents of their wards. One-half of, to be elected annually. No quorum of, an election held, how.. Removal of, from his ward, vacates the office of. Election of, tie in, how proceed. Duties of, as Fire Wardens. Members of, Police Department. May make arrests, when. Alleys—(S ee Streets and Alievs)—- Encroachments on, prosecutions in, penalty for. Throwing ashes or filth into, penalty for. Encumbered or obstructed by merchandise, penalty for Alternates— Ofjud ges of elections, appointed, how and when. Amendments— To charter, certificate of authenticity. To charter, publication of notices generally. To Sec. 2, Art. 1 of charter, boundaries... To charter, Sec. 4, A’t. 5, bonds, power to issue. To charter, Art. 6, and Sec. 3, Art. 11, labor on streets, and notices therefor. To charter, Sec. 11, Art. 11, publication of ordinances.. To charter, Sec. 19, Art. 11, ordinances to be received as evidence in courts, when.... To charter, collector's notice of sale, publication of.. To charter, Sec. 2, Art. 7, notice for opening streets, publication of.. To charter, Sec. 3. Art. 7, notice of commissioners for opening streets, publication of.. To charter, Sec. 5, Art, 7, notice for parties to appear and make elections in proceedings for opening streets, publication of. To charter, Sec. 6, Art. 7, notice of sale in opening streets, how given. To charter, Sec. 11, Art. 7, notice therein named, how given. To charter, Sec. 13, Art. 11, summons in suits, when... Amusements—(S ee Exhibitions, Shows, &c.)— Keeping place of open on Sunday, penalty for. Disturbing the peace and quiet by, on Sunday, penalty for. . Animals— Not to run at large, where, when, penalty for. Marshal to impound those found at large, when. Marshal to feed when impounded.,. Impounded, Marshal shall sell, when..... [, u notice of sale of, how given. Section. Page. 3 64 2 64 16 142 18 41 8 105 1 2-127 19-20 131 3 3 3 3 3 3 4 o O 4 3 18 72 26 81 1 13.9 7 140 47-48-49 111 54 112 56 112 2 68 43-44-191 25 42 1 43 1 36 2 36 3 37 4 37 7 38 8 38 8 38 8 38 8 38 9 39 17 41 90 18 106 19 106 1 84 2 84 2 84 3 84 o O 84- InDKX. i9£ Animals— Impounding of, fees of officers in. Abuse of, punished... ... Running at large, restrained. u “ “ power of council in restraining. Impounded, money for sale of, to be paid into city treasury.,. Impounded,when sold, owners of,, how to proceed. “ sale of, officers may purchase, when. Impounding of, officers may employ assistance in. “ of, hindering an oflicer in, penalty for. Impounded, releasing from, penalty fur. Pound for, how provided..... Impounding, inticing or driving within city limits for, penalty for.. Dangerous and mischievous, at large, penalty for. Impounding of, Marshal or Constable neglecting, pen¬ alty for. Cows, &c., not to be at large, when, penalty for. Cruel treatment of, penalty for. Hitching of to lamp posts, penalty for. Dead, permitted to lie within the city, penalty for. u removal of, a nuisance, when, penalty for. Annexation—(S ee Additions) — Of lots to city, when, how. Appeals— By the city, in any court, how taken. u u u bond in, how made . From order of Council in opening streets, how taken, when. City may take, when, how. From Police Magistrate, as from Justice of the Peace., From action of Council in laying out streets, when taken. Ai plication —(See License)— For license, how and to whom made. u u to sell liquors, how made. 11 u u u u Mayor shall grant, when. 11 u u u u applicants to file bond.... u u for the benefit of another, refused. Apparatus— For Fire Department, provided and repaired, how. 11 u u not to be removed from city with¬ out permission.. For Fire Department, not to be used for private pur¬ poses, penalty for. For Fire Department, injury of, penalty for. Apportionment— Of damages and benefits in opening streets, how made, Appointments— Of city officers, how made. Failure to make, when, how proceed. Of commissioners to open streets, how made. Of guardian for infant-owner of land to be taken for streets . Of police constables, how. Of watchmen, how.. Of night-watchmen, when, how... Of commissioners in constructing side-walks, how. Section, rage. 4 85 U28 4 14 1130 4 14 1130 4 14 5 85 5 85 6 85 7 85 7 86 8 86 2 84 9 86 10 86 11 86 13 86 21 106 26 107 5 118 6 118 21 34 29 132 29 132 16 21 22 42 6 55 23 171 1-2 87 17 97 18 97 24 99 26 99 2 76 7 77 8 77 15 78 10 20 2 2 4 / 3 4 163 24 171 2 140 3 140 13 141 11 -12 15fr 196 Appointed— Officers, removal of, how proceed... “ to take an oath, when...... Appropriations— Of funds for improvements of streets, when, how made.. Of land for streets, &e., how made, (See Streets). For city purposes, &c., limit of.... Approval— Of Council, of collectors’ returns of tax sales.... Arrest— On civil process, prohibited at elections. Of parties at fires, when made... . Of parties without process, when made. By supervisors without process, when..... Of parties on warrants, how made. Legal, without warrant, no process needed... Parties may give bail, when in... Officers making, to attend trial as witnesses.. Of minor by liquor dealer, when may be made... . Releasing parties from, penalty for. Officers in making may call assistance, when.... Without process, when may be made... Generally how made, proceedings in. Without warrant, proceedings in... Ashes— Depositing of, how regulated. Thrown into streets or alleys, &c., penalty for. How deposited, penalty in......,. 4k Assault— Making an, penalty for_ .4 ... Assemblies— Disorderly, suppression of...... Assistance— In impounding cattle may be employed, when... Assessments— For taxes cn property not subject to, how proceed. . u u to be governed by laws of the State.,.. “ improvements, collected how. ... “ opening and laying out streets, &c., how made. . u u streets, of damage and benefits, how made Lists of, for taxes, power of Council in... u u form of, prescribed by Council,. u 11 to be returned, when. “ 11 u objections to, to be heard by Council, when..... . ...... Lists of, for taxes, corrected, &c., by Council, how proceed To be a lien upon property, when..... For construction of sidewalks, sale of premises for, how- made ......... . For opening and laying out streets, &c., proceedings in “ u streets, &c., when buildings are on land to be taken for, how proceed. . ... . . For opening streets, &c., notice of commissioners in, form of.......... Of benefits and damages in opening streets, &c., how made... For opening streets, &c., damage greater than benefits, how proceed... For opening streets, &c., benefits greater than damages, how proceed.*.. InDe'Xa Section. i* Page * 14-15 130 16 130 43 135 2 19 ifi 4 11 38 186 5 5 13 78 7 140 12 141 16 142 17 140 18 143 19 143 9 96 41 109 42 110 23 34 17*—18 41 19 41 P 2 30 54 112 20 80 2 104 Pi 4 14 7 85 46-47 188 49 188 31 52 7 20 8 20 1 25 1 25 2 25 2 25 3 25 4 25 20 160 5-6-7 164 6-7 164 7 164-5 9 165 10 166 10 166 ASSESSM ENTS— For opening streets, when land and buildings are owned by different parties, how proceed. For opening streets, &c., lease or mortgage on land to be taken, how proceed.v... For opening streets, &c., order of Council levying, form of u ix “ collection of^ warrant for,how to issue, form of.... 11 11 collection of, proceedings in..... 11 u “ due and payable when,lieu when, For taxes, how made.>... Of property for taxes, generally how made. u u u “ when made... For taxes, parties agrieve 1 may object to, how.. u when objected to, proceedings in. u list of. returned and corrected by Council, when, ofder of, form of.... li when double, how proceed... For abating nuisances—(See Nuisances) .. “ “ u collection of.. u ■ collected as other taxes. “ u u collected by suit, how proceed. City attorney to examine, when....•. Assessor and Collector —(See Assessor)— Assessor and Collector —(See Collector)— Assessor— Fees and salary of..... To list property for taxation, how. u u personal property for taxes, how. To value property for taxes, how..... How to proceed when owners of property are sick or absent. . . How to proceed when owners of property cannot be found.... How to proceed when owner of property gives a false list ’ l “ u u “ refuse to list.... u u personal property not listed by owner “ 11 he finds property not listed the year before...,. When list completed, returned to Council, how, form of, oath in, form of.......... Shall correct lists before returning to Council.. On return of, clerk to give notice how, form of. To attend meeting of Council when objections are made to his assessment lists. His duties in general.. .. His powers same as county assessor... Attorney— City, duties of in general..... To'furwsh written opinions, to whom, when.,. City, may be city clerk, when.. “ to report to Mayor judgments against liquor dealers, wh i, penalty for neglecting.. City, to report to Council the disposition of city suits in Circuit Court, when...,...•... City, shall examine fee-bills of Circuit Courts, &c. in absence of, may appoint another. u to file statements in suits before police courts, when 11 shall not prosecute vexatious suits, when.. shall procure judgments against premises for non payment of side-walk assessments, w r hen.... Section. Page. 11 166 11 166 15 168 16 1G8-9 17 169 18 17(1 1 174 2-3-4H5 175 4 175 13 177 14 178 16 178 45 188 22-23 123 24 124 25 124 26-27-28 124 28 152 21 131 1 174 2 175 3 175 5 175 6 173 7-8 173 8 173 9 175 19 176 11 177 11 177 12 177 15 178 15 8 15 8 11 7-8 11 7-8 li 7-8 24 99 30 132 30 132 31 132 15 142 21 143 18 159 L C JS Attorney— City, in procuring judgments against premises for non¬ payment of sidewalk assessments, how proceed. City, salary of.. “ who shall be, duty of in' general..,. u shall advise the City Council, &c., when. u u examine tax warrants, &c., when.,. u “ prosecute all city suits, when, his duty in. u u shall report when necessary to take appeals.. Auctioneer— Making sales without license, penalty for.... License of, price of.. To give bond to Mayor, when.. Auditing— Of accounts against city, kow T .. Authentication— Certificate of, to original charter.. “ “ 1st amendment to charter. u u 2nd “ il u a 11 to ordinances and charter.. Bail— Parties when arrested may give, when, hown. Upon continuance of trial, when required. Parties arrested may give, how. Ball and Chain— Prisoners shall wear, when. Ball Alleys— Operating of, without license, penalty for... License for, price of... Permitting minors to play upon, penalty for....,. Ballot Box— How made and how used,.... Before using at elections, how proceed. Carrying away of at elections, penalty for. Destroying of at elections, elections void, when. Ballots— For elections, description of.......... How used by electors. Duty of judges of election in receiving. Of electors, rejected, how proceed,.. Bawdy House— Keeping or frequenting of, penalty for..-,,.. Parties permitting house to be used for, penalty for. Benefits— For laying side-w r alks—(See Side-walks). Benefits and Damages— For opening and laying out streets—(See Streets. Begging— Restrained, how. Billiard Tables— License for, price of........ Operating of, without license, penalty for. Permitting minors to play upon, penalty for. Saloon of, to be closed, when, penalty in. Rooms of, open on Sunday, penalty for.. Bills— Posting of on private premises prohibited, penalty for.,. Inde^, Section. Page 19 160 17 130 28 132. 28 132 28 132 29 132 29 132 9 89 10 89 a 89 1 63 35 43 44 / 191 18 41 19 41 18 146 23 144 12 90 13 90 14 90 8 69 8 69 25-26 Y3 26 73 10 70 10 70 10 70 9-10 70 16 106 16 106 ^29 4 14 13 90 12 90 14 90 6 95 18 106 29 107 INDEX. TO Blanks— For election registry purposes, how procuied. Board of Registry— How composed, first meeting of, duties at. Second meeting of, duties at. General duties of—(See Elections). Bonds— Of city officers, when required., how executed. 11 u limit of by City Council, what. 11 u beyond limit of Council, how issued. u u interest upon, how paid. 51[1 11 11 for hospital, hall, markets, &c., when issued. Same.. Of auctioneers, amount of.. Of wagoners aud draymen, &c., amount of..... Of retailers of liquors, when given, how taken. 4i u to be approved by City Council. Of applicant for license to sell liquors, to file, when. Of city officers, conditions of... “ u 11 to be examined by city attorney.... In all city matters examined bv city attorney, when. Of city, in appeals, how executed.. Of watchmen and police constables, how executed. Of parties arrested, conditions of... Of city, for sewers, how issued.. 11 u 11 u interest upon, how paid. u u u u tax for payment of, how levied. u 11 u u name of.-. 11 u u “ sale of, proceeds of, how applied. 11 u 11 u payment of, collection of, tax for Boiling— Soap, regulations of to prevent fire, penalty in. Pitch, &e., regulations of, penalty in....... Boisterous Conduct— On premises of liquor dealers, penalty for.... Boundaries— Of city, limits of, defined...... u “ amended... Power of City Council in establishing—. Of fire limits, defined...... Of lamp districts, No. 1, defined.. Of lots and blocks, found and established, how... Of sewer district, No. 1, defined. ■..... Of wards—(See Wards)... Books— Of city officers, inspected, when, how...... Obscene, selling of, penalty for. Boys— Disturbing the peace in the night time, penalty for... Loitering about the streets in the night time, penalty for Flying kites, rolling hoops, &c., penalty for. Exploding fire-crackers, &c., penalty for. Throwing stones, climbing trees, &c., penalty for... Meddling with city property, penalty for. , Climbing into wagons, penalty for..... Encouraging unlawful acts, penalty for... Or other persons idling about R. R. depots, penalty for. M u u interfering with R R. employees about depots, penalty for... Section. Page. 93 51 79 45 82 48 17 9 3 11 3 11 4 11 3 11 5 37 11 89 27 92 o D 95 3 95 21 98 2 127 O u 127 28 132 29 132 4 140 18 143 2 148 2 148 3-4 149 2 148 3 149 4 149 20 80 22 80 11 96 2 1 1 43 4 32 1 81 1 101 35 133 14 151 189-190 6 128 11 105 68 114 68 114 69 114 69 114 70 114 70 114 71 114 72 115 74 115 75 ns Index,. Section. Page.. Bread— Power of Council to regulate weight of... ^[25 4 14 Breweries— Power of Council to regulate.•...... ^[35 4 15, Breaking— " _ Or forcing open pound, penalty for..,,,................ g § 6 , Bridges — _ __ City Council to control.... 11 4 11 Ill 4 11 in 4 11 p 4 12 p 4 12 P 4 12 P 4 12 ire 4 12 V 4 12 p 4 12 p 4 12 po 4 12 1111 4 12 If 12 4 12 If 13 4 13 1114 4 13 If 15 4 13 1fl6 4 13 1fl7 4 13 IF 18 4 13 IF 18 4 13 IF 19 4 13 1F20 4 13 IF 21 4 14 IF 2 2 4 14 IF 2 8 4 14 1F24 4 14 1F25 4 14 IF 25 4 14 IF 2 7 4 14 IF 2 8 4 14 IF 2 9 4 14 po 4 14 pi 4 15 P'2 4 15 1f33 4 15 P 4 4 15 p5 4 15 pfi 4 15 1137 4 15 p8 4 15 1139 4 16 po 4 16 pl 4 16 20.4 In ntx. City Council— Ordinances, may pass, amend, revise, &c., their power therein. Shall make improvements in the city, power therein. Shall provide markets, hospitals, &c., how. Shall purchase lire apparatus, power therein. Shall make re-survey of additions, &c., when. Shall direct the numbering of lots and blocks, when. Shall approve plats of additions, when. Not liable for defects in side-walks, &c., when. May remit lines, &c., when, how.. Shall prescribe the form of process, power therein. Rules governing the deliberations of. Plats of additions must be approved by . Shall appoint judges of elections, when, how.. Shall appoint alternate judges of elections, when, how... Shall canvass election returns, how, when. Shall order elections, when, how.... May increase or diminish salary of officers, when. Officers to report to, of amount of fees received, when... City attorney to advise with, when. .. Shall authorize appeals to be taken, when, how.. Shall authorize retaining of additional legal counsel,when Shall direct the work of the city engineer, when. Shall authorize the repairing of streets, when. Supervisors shall make returns of street expenditures to, yvhen. Supervisors shall obey all orders of.. Shall make appropriations for repairing streets, when... Shall hear contested election cases, when. Election of Mayor contested, proceedings of, in. Shall provide fire engines, £x. City Council — Sii 1 1 levy tax for lighting streets and lamp posts, how, when..... M iv permit earth to he taken lrotn streets, when. Duty of, when there is an error in tax collector’s warrant Haw proceed when tax warrant returned unsatisfied. Order uf, for sale of prew i.ses for taxes, form of, (See Note) T > approve collector’s sales for taxes, when..... Order of, upon return of commissioners in laying out streets, k c., form of..... Order of, in levying assessments in laying out streets, dice., form of..... Duty of, in c dlecting assessment; for opening streets,&c. M ty remove commissioners for opening streets, &c. Action of, in laying out streets, &c., appeal from..... ■Shall determine amount to be paid in lieu of street labor Shall hear objections to assessments for taxes, when, how proceed in.... Shall revise and confirm assessment lists, when, form of, Shall levy taxes, how, when... May appoint police constables, when.. May appoint watchmen, when.. . May order the laying of side-walk, when, form of. May order the re-laying of side-walk, when, form of__ To approve the report of supervisors wheti walk"not built To order supervisors to lay walk, when, form of... To approve supervisor’s return of costs in laying side-walk Shall appoint commissioners to assess side-walk benefits, when, how........ Order of, in collecting benefits for laying side-walks, form of.......... Order of, in applying for judgment against premises for non-payment of side-walk benefits, form of... Proceedings of, in laying out streets, Appointed, how... 2 140- To take oath of office, w hen. 4 140 To execute bond, when.. 4 140 Shall have station, when, attendance at. 6 140 Shall have power to serve process, when.. 9 141 Shall have summons delivered to, to serve,v\ hen, penalty m 10-11 141 Fees of.... 29 145 Conservators— Ot the peace, who are.............. 9 7 Construction— Of sewers.,... 1 148 Of sewers, proceedings by Comminee on Streets in. 6 149 Of lateral sewers, how...... 7—8 150 Of ordinances when they conflict, how. 2 185 Of the word “ court ”. 3 137 Of the word ‘‘ person ” or “ persons ” . 5 137 Of the word “ month . 6 137 Of the word oatli r „... 6 137 Of the word u sworn".. 6 187 Oi the words “ reasonable notice ”. 11 1 H 8 Ol the words “ reasonable time”...... 11 138 Rides of, how applied. 8 137 Of Sec. 5, of ordinance on misdemeanors. 77 116 Of side-walks, proceedings in. 1 152 Of street crossings, proceedings in.... 1 152 Contested— Elections, proceedings in.... 27 73 Elections, duty of city clerk it .,..... 27 73 Elections, City Council to hear, when.. 27 73 Elections, of the Mayor, how proceed.... 28 74 Contempt— For refusing to testify, when, penalty in. 78 116 Conviction—• Ot licensed liquor dealer of violation of liquor ordinance,. penally for.......... ............ 25 99 Copartners— Shall not take out license to sell liquors, when. 29 109 Copies.— Of registrv lists,used and disposed of, how.... 80 47 Of registry lists, publication of, how... 80 47 Corner— Or line,, change or removal of, penalty for,,,,,,,,,,,...,,..,,, 52 112 Index. 209 Corrections— Of registry lists, how made.... Costs— in suits, not to be taxed against city, when. Jn suits, instituted vexatiously, how paid. Of constructing sewers, how paid. Of repairing sewers, how collected.. in suits, city not to pay, when.. Bond for, city not toVive, when. Of re-laying side-walk, report of, to Council, when. Of laying side-walk, account of, to be kept, how, report of, torin of. Of abating nuisances, how collected. Of abating nuisances, account of, to be kept, when. Of tearing down buildings declared a nuisance, how collected. For constructing sewers, how paid. Counsel— Accused officers on trial, shall have, when. Court—■ What construed to be... Magistrate refusing to hold, penalty for. Cows— To be impounded, when.,. Crossings— Street, throwing or kindling fire upon, penalty for. Street, obstructing of, penalty for. Street, how constructed... Street, running velocipedes upon, penalty for. Street, the construction of.. Cruelty— To animals, penalty for.. Culverts— Injury to, penalty for. ... When and how constructed. Damages— In opening streets and alleys, to be paid, when. Parties receiving, in streets, to be paid by private persons, when..... Dangerous— Dogs, not to run at large, when... Animals at large, penalty for. And dilapidated buildings declared a nuisance, when... Dead— Burial of, regulations of.. Animals, permitted to lie in the city, penalties for. Animals, a nuisance in removing of, when, penalty for.. Deed— For premises at tax sales, when given. Made assignee of certificate of tax sale, when. Tax, what to contain. Of commissioners for opening streets, Ac., when made.. Of land taken for streets, Ac., how given. Condition required of purchaser at tax sale, before giving of...... To purchasers at tax sales, when made. Dkrt— Of city, interest upon, tax for, how levied. / Section. Page. 83 48 20 143 *21 148 5 149 9 150 21 4 2 22 42 2 153 10 155 12 120 13 120 17 122 1 148 11 129 <) O 137 30 145 13 86 66 114 70 114 44 135 1 189 1 152 21 106 51 111 44 185 13 21 58 112 2 66 IS 86 14-15 121 6 4 15 . 5 118 6 118 12 28 12-13 28 14 28 10 39 25 171 11 12. in 187 3 1.1 IT 210 Debt— Action of, to be brought for violations of ordinances. Defaulter— Cannot hold office in city......, Officer, not to be paid, when . . . Defacing— Tombstones and cemetery property, penalty for.*.... Deposit— ✓ Of ashes, how regulated, penalty in...■... Depots— Persons idling about, penalty for.... Destitute—■ Children, the education of, how provided for. Disease— To prevent, places to be kept cleansed, Ac.... In meats, sale of, penalty for.. ... Digests— Of charter and ordinances, when made. Discharge—■ Pi dsoners entitled to, when.... Of lire arms in the city, penalty for. Same.. . Disorderly—- Conduct, penalty for..... Districts— , Lamp, tax in... Lamp, No. 1, boundary of.. Lamp, new created, how. Lamp, erection of lamp posts in, how provided for. Lamp, tax in, for lighting streets, how levied. Lamp, tax in, for providing lamp posts, how levied.. Sewer, tax in, for sewers, how levied. Sewer, bonds of, issued when, how. a. Sewer, bonds of, how payable, tax for . Sewer, No. 1, boundaries of, defined. Disturbance— Of the peace at elections, penalty for.. Of the peaen, assemblages for, penalty for. Of the peace, upon one’s own premises, penalty for. Of religious worship, penalty for. Of the quiet, on Sunday, by amusements, penalty for... In the night time, by boys, penalty for. By noise, making of, penalty for. Distraining— Property for taxes, how, (See Note). Dogs— Running of, at large, prohibited how... Urging to fight, penalty for.... Dangerous, not to run at large, penalty for permitting.. Not permitted to run at large, when, duty of Mayor in.. To be killed by poLce officer, when.... Interfering with Marshal, Ac., in killing of, penalty for.. Drains— From private premises into sewer, how constructed.. From private premises into sewer, without permit, pen¬ alty for...,. Drays and Draymen, Ac— Using, or being without license, penalty for. License for, price of..... . License for, parties taking out, to execute bond. 1 nPeX\ 'Section. Page * 12 33 fcr 4 1 4 1 128 23 107 20 80 74 115 p9 4 10 p4 4 15 •) — O i 109 24 34 25 144 108 79 110 3 104 Ifd 1 18 I 101 2 101 3-4 101 0 102 8 102 1 148 2 148 3-4 149 14 151 20 72 1 104 4 104 0 105 19 100 08 114 71 114 23 180-1 W 4 14 1 05 2 00 4 00 4 00 5 00 7 150 10 150 24 91 25 92 ■27 92 f VtlK.V. Section. l\ujc. Drays and Draymen— To bo numbered, when.. 2S 92 Foes for services of, to be charged in city, amount of.... 29 92 Riotous conduct of, penalty for. 20 92 Refusing to carry goods, penalty for. 21 92 Occupying stands without consent of owner of, penalty for 22 92 Shall have stand designated how, penalty in. 22 92 Shall keep a copy of 28th Sec. of license ordinance. 21 92 Dress— Of opposite sex, appearing in, penalty for. 10 105 Drinking— Saloons, to be closed when, penalty in.. (> 95 Education—■ Of destitute children, how provided for. ^[29 4 16 Election— Of city officers, general power in. 1 2 Of city officers, failure in. 4 2 Of city officers, to fill vacancy in, when held.... 6 2 Of city officers, tie in, how proceed.,... 8 4 Of city officers, qualifications of electors in. 7 4 Of city officers, time of. holding of. 1 4 Of city officers, notice of how given. 1 4 Of city officers, judges in, oath of. 2 4—5 Of city officers, shall not be held at grog shop. 4 5 Of city officers, illegal voting at, how punished. 5 5 Of city officers, privilege from arrest at, when. 5 5 Of aldermen, City Council judge of, when. 2 11 For or against issuing bonds, when held. 3 11 State laws on. 45 Residence under, what constitutes. 72-74 45 State laws on, violation of, penally for.. 72 45 Oath of witness, for voter at, form of.. 72—74 45-46 Penalties against judges of, when. 75 46 Perjury of witnesses or voter at, penalty for. 76 4(1 Special and general, laws governing. 77 46 Liquors sold at, penalty for. 78 46 Duty of officer at. 78 46 Board of registry of, duty of.. 79 46 Board of registrv, how constituted. 79 46 Who may be registered for. 79 46 Registrv lists of, how arranged. WO 47 Registry lists, copies of, and disposition of by the board 80 4 7 Registrv, lists of, posted when, removing of, penalty for 80 47 New districts of, how proceed. 81 48 Registry, board of, second meeting of, time in session... 82 48 Registrv, lists of, correction of, how made. 82 48 Proof of non-registered voter at, how made. 84 48 Parties not, registered for, how proceed. M 48 Registry, lists of, completed, how proceed. 85 49 Non-registered voter at, affidavit of.. 85 49 Dutv of registry clerks of.. 86 49 False statement of voter at, penalty for. 86 50 Registry, lists of, after canvass, how disposed of.. 87 50 Clerks of registry of, appointment of.. 88 50 Registry, lists of, to lie open to public inspection. 89 50 Registry, eleik and judges of, compensation of.. 90 50 Registry, board of, meetings of, preserving order at. 91 n0 Double registration for, penalty for. 92 .>0 Falsi* swearing at registrv for, is perjury. 92 •>() IXI) EX. 212 Erection— Registry, blanks of, how procured. For city purposes, time of holding of.. For city purposes, city clerk to give notice of, how. For city purposes, special, how held. For city purposes, judges of, appointed when, how. For city purposes, judges of, clerk to certify appoint¬ ment of... For city purposes, judges of, refusal to act, how proceed For city purposes, judges of, majority of, not attending, how proceed.. For city purposes, clerk of, how chosen, who may not be For city purposes, judges and clerk of, to take oath when, form of. For city purposes, judges of, sick, how proceed. For city purposes, polls for, open and close at what time. For city purposes, polls for, open, proclamation of.. For city purposes, ballot-box at, how made and used_ For city purposes, poll-lists of, how provided, form of... For city purposes, clerk of, to keep poll-lists, how. For city purposes, voting at, to be by ballot. For city purposes, voting at, proceedings in generally... For city purposes, votes at, rejected, how proceed. For city purposes, who can vote at. For city purposes, votes at, oath of, form of. For city purposes, clerks of, to copy poll-lists of, when... For city purposes, votes at, canvass of, how proceed. For city purposes, votes at, canvass of, duty of clerk of,in For city purposes, canvass of returns of, how made, form of For city purposes, returns of, made to city clerk, how... For city purposes, City Council to canvass, when. For city purposes, City Council to canvass, duty of city clerk in... ... Of Mayor, tie in, how proceed. Of aldermen, tie in. how proceed. Of officers, notice of, how given..... Order at, how pre-erved. Illegal voting at, penalty for. Abetting illegal voting at, penalty for.... Judges of, refusing legal vote, penalty for. Judges of, receiving illegal vote at, penalty for. Ballot-box of, carrying away of, penalty for. Ballot-box of, destruction of, voids elections, when. Contested, proceedings in. Contested, City Council to hear, when. Of Mayor, contested, how proceed....• Contested, in trial of, witnesses how obtained. Encumbering— Streets, builders to, must have permit of Mayor. Streets and side-walks, penalty for. Encroaching— Upon streets, &c., penalty for, proceedings in. Upon streets, &c., not to be repaired, penalty for. Engines— Fire, provided how. Fire, care of, how provided for. Fire, purchase of, how made. Fire, purchase of, tax for, how levied... Fire, and companies, how procured and organized. Eng inker— Fire, appointment of.... Section . Pcuje* 98 51 1 68 1 68 1 68 2 68 2 68 8 68 8 68 4 68 5 68 6 69 7 69 7 69 8 69 9 69 9 70 10 70 10 70 9-10 70 11 70 12 70 18 70 18 70-71 14 71 15 71 lf> 71 17 72 17 72 18 72 18 72 19 72 20 72 21 78 22 73 28 73 24 73 25 73 26 73 27 73 27 73 28 74 29 74 44 110 46 110 47 - 48-49 111 60 113 •) «> 30 H2 8 30 6 38 6 38 2 76 <14 8 31 I NT)EX, ■2T3 \ Engineer— Fire, chief of fire department, duties of. . Fire, to require bystanders at fires to work. Fire, duties of, as fire warden..... City, duty of, powers of.,. City, shall superintend public works.„.., City, shall make surveys, establish grades, &e. City, shall make plats of streets, &c.,.... City shall make specifications for public works, when... City, shall make surveys and plats, when.. City, shall establish grades, inspect material, when.. City, shall preserve records of plats, &c,, in office, of.... City, shall make surveys when, how.... City, shall find and establish boundaries, how...„ City, city clerk shall return plats to, when... City, shall report costs of sewers to Council, when. City, shall keep maps of sewers, when...., City, shall fix grades of side-walks, when. City, same.... City, duty of, in opening streets, &c.. City, duty of, in general... f!ity, sa 1 aiy of.... Erection— Of frame buildings within fire limits prohibited.. Evasion— Of liquor ordinance a violation of, penalty for_____ Evidence— State law on... I • * 1 • -o ••••••• •-» • • • • « Copies of papers, books, &c., are, when .. Corporate seal, duty of keeper of, in. Excavations— Left unprotected, penalty for.,, . In streets, penalty for, proceedings in......., Executions— For the collection of fines, &c., when may issue For the collection of fines, ‘5 14 33 4 31 9 77 11 105 13 105 15 90 1 fi- 17 90 18-19 90-91 19 91 39 134 41 135 1 31-32 1 31-32 w 4 32 8 105 38 109 39 109 13 s 1 2 r r i:i:s—- Of city clerk for issuing license. Of Marshal for colled iug license money...,.. Of wagoners and «d ray men, limit of.... Of city oilicers.. < )f city attorney,,.............. Of Mayor........ ( )f aldermen..... Of Marshal, (See Chap. 17,)..... Of surveyor... t )f treasurer........... Of city clerk.-....... Of supervisor.... ()f collector......... Of assessor .......... Of officers may he increased or diminished, how. Officers receiving, to report amount of, to City Council, when,........ Bills of, city attorney to examine, when.. Of witnesses before police courts,.. .... Of City Marshal and constable,..,,... Of collector in selling property for taxes..... F EXCES- Private, injury of,, penalty for,..'.,,,...... Fixes and Penalties— For refusing to obey the Mayor, when... Of Mayor, for neglect of duty, when,....... In in it of.. To lie paid into the city treasury,.,., May he remitted, how... Actions for, hrnv brought... Actions for, to be in debt. Paiu by imprisonment, how... Vested in the corporation.. For the recovery of, how proceed,...-. Beinittal of, power of Council in, how done....._ Xon-pavment of, commitment for, how proceed. Collected,, to lie paid into treasury. Police magistrate to make report of, when.... Assessed against railroads, how collected..... Fire Apparatus— Provided and repaired, how.......... Not to he removed from fires without permission. Not to boused for private purposes, penalty for. injury of. penalty for.......—..—.....-, Fire Companies— Members of, how admitted.. (jrovomment. of..... Mow organized..... Duty of, at iires.\....-.. Shall not leave the "round at tires, when. Members of, exempt from work on streets, etc., how. Names of members of, reported to Mayor, when. Citv clerk to keen register of names of members of. Fire D e p a kt m e n t— Power of Council in.... Buckets for, how provided and used. Shall’ cause the arrest of suspicious persons, when. Kugiueer of, appointment of.. Mow composed..... ... ...1.. Index'. Section. Pai/e, 6' 88 8 89 29 92 130 17 I HO 18 I HI 19-20 1HT 21 IHT 21 1H1 22 1 HI 22-2.7 1H1 24 1 HI 21 1 HI 21 1 HI 26 1 HI 27 ] 32 HO IH2 20 143 29 145 24 181 28 107 *y .) 6 5 6 ^[42 4 1(7 5 H2 9 •'■>•■> 12 HH 12 HT 14 O o on 17 34 T6 4,1 20 42 22 143 HO 145 HO 145 4 147 2 7(7 Mr i 4 ( 8 77 15 78 H 7(7 •) «•> - 70 0 7 (7 - — i i i mm hr* i 9 fi i i i ( $ 77 7 T 1 29 e |4 2 HO ^10 2 HO V! H HI 1 75 I \ -.* Fire Department— Council to provide eugines, Ac., for, wlien. General supervision of, who to have. Condition of. Mayor to report, when........ Chief engineer of, duty of...... Duty of Marshal at fires........ Duty of supervisor at fires.■.*.... Refusal of Marshal and supervisor to attend fires, pen¬ al tv for.......... To regulate the storing of paper, Ac..-...•..■. Combustible material, careless handling of, penalty for. Combustible material, accumulation of, prohibited.. Precautionary regulations of.....„........ Live coals not to be carried when, penalty for..,-.. Ashes deposited how, penalty in.... Soap boilers, construction of........... Burning shavings, Ac., how, penalty in..—.. Pitch, boiling, Ac., how, penalty in. .. Fires in out-houses, Ac., prohibited, penalty in . v ... . Burning out chimney, how, penalty in.. .. Scattering combustible material, where, penalty for — Fire Engineer— Chief, appointment of, duty of......... . Chief, duty of, as fire warden.. - ....... Fir® Engines—• Provided, how. ... Care of, how provided . ......... Purchase of, power of Council in... Purchase of, tax to be levied for, when. Firemen— Duties of, to be prescribed, how .. Exempt from street tax, when... Fire Limits— To be established, how. Boundaries of. . Frame buildings prohibited within. Roofing of buildings within, materials of. Frame buildings, enlarged or removed within, prohibited Ordinances on, violation of, penalty for. Frame buildings within, a nuisance, when. Fire Wardens— Who are.. Same... ....... ..... Duties of... Fire-Works— Regulation of, how... Discharge of, within city, penalty for. Discharge of, within city, by boys, penalty for__ See Ordinance on Misdemeanors. .. Fires— Water for, how provided.. Prevention of, kow. T . Buildings in danger of, to be torn down, when. Bystanders at, to work, when .. Bystanders at, refusing to work, penalty for. Hindering work at, penalty for.. . Parties arrested at, when.. Limits about, how prescribed.—. False alarm of, penalty for._. CN tierlion. Page. 2 7(> O o 7G ♦ > 7G 4 7 G 7G ,~t 7G .1 x 7G hi 79 3 7 7'9 IS 79 79 IS 8(1 2(1 SO 20 SO 21 ■SO 22 so 22, so 2 4 SOI 2o ■SO) 4 2(«; 7G si o t> 30 f I2 :s 30 (> 3S (i 38 <[3 :? :;1 4 ■ :jl 1 28 1 si 2 82 4 oZ 82 f> G 82 S2 $ < 2(i 83 2G SI 1T« ^ 30 *» •> «’)«> 108 (ill 114 79 11G «[f> J 12 *[11 2 30 7 7 n 7 7 n 7 7—7 s 12 78 n 78 1 1 '78 ] 05 Foirtis — Of oath of witnesses for voter. Of oath of j udges and clerks of elections. . *_ Of poll-lists of elections..... - Of oath of challenged voter.. ..... Of election returns.... r . Of licenses... Of assessments for abating nuisances. < )f commissions of city officers.. Of order to lay or relay side-walks... Of notice, of order to lay side-walks. Of supervisor’s notice to lay side-walks..... Of order of Council to supervisor to lay side walk. Of supervisor’s report of costs-in laying side-walks. Of commissioner's report of side-walk assessments.. Of order of Council in collecting side-walk assessments. Of warrant for collecting side-walk assessments....... Of order of Council in applying for judgment against premises for non-payment of side-walk assessments... Of order of Council in opening streets, &c..... Of notice of commissioner in laying out streets, &c. Of notice of commissioner in opening streets r &c.. Of return of commissioner in laying out streets, &c__ Of order of Council upon return of commissioner m lay¬ ing out streets, 69* 9 69 12 70 15 71 hr i 89 22 128 a 128 a 158 4 158 5 154 9 15n 10 155 la 157 la 157 14 158 18 159 1 168 «> O 163 7 165- 12 166 14 168 15 168 16 169 11 177 12 17T 16 178 19 179 28 182 ao 182-8 82 184 37 185 1-2 83 4 95 14 105 15 105 3-4 101 27 107 61 113 62 113 14 8 tf6 4 12 52 112 82 133 1 152 22 161 4 5 10 4 12 Index. 217 Grounds— Section. Page. To be filled, cleansed, drained, &c. ^[40 4 16 City Council to grade, when. |3 1 23 Private, injury to, penalty for. 28 107 Guardian— For infant owner of land to be taken for streets, &c., ap¬ pointed how. 24 171 G UAIIDS— At fires, how appointed. 14 78 Gunpowder—(S ee Combustible Material)— Regulations of, storing of.. ^[7 2 30 Health— Duty of Council in. j[4 4 12 To be promoted by acts necessary. ^[33 4 15 To promote, what places to be kept cleansed. ^]34 4 15 Power of Council to provide for preservation of.. 25 35 Highways— Inhabitants of city not to labor upon, when. 2 32 Hitching— Animals to lamp-posts, penalty for. 26 107 Hindering— Or resisting an officer, penalty for. 40 109 Railroad employees, penalty for... 74-75 115 Hook— And hose companies, organized how. fll 3 30 Hoors— Rolling of, prohibited... ^[31 4 15 Rolling of, by boys, penalty for... 69 114 Horses—(S ee Animals)— Racing of, prohibited. f28 4 14 And other animals not to run at large when, penalty in 1 84 Marshal shall impound, when. 2 84 Impounded, Marshal shall sell, when. 3 84 Impounded, notice of sale of, how given. 3 84 Impounded, officer’s fee for, what. 4 85 Impounded, money from sale of, to be paid into treasury 5 85 Impounded, and sold, owner of, how proceed. 5 85 Marshal may employ assistance in impounding. 7 85** Hindering officer in impounding, penalty for. 7 85-6 Pound for, how provided. 2 84 Dangerous and unruly, at large, penalty for. 10 86 Stud, exhibiting of in public view, penalty for. 13 105 Hitching of, to lamp-posts, penalty for. 26 107 Left unhitched, penalty for. 31 108 Hospitals— Erection of, how provided. flll 4 12 House— Of correction, how established... ^[38 4 15 Of correction, who confined in... ^[38 4 15 Permitted to be used for bawdy purposes, penalty for... 16 106 Idling— About depots, penalty for. 74 115 Illegal— Voting, how punished. 5 5 Voting, penalty for. 21 73 Voting, abetting of, penalty for. 22 73 Voting, election judges permitting, penalty for. 24 73 28 218 Index,. Illinois Central Railroad— Section. Page. Time of, tbe time of the city, when. 7 96 Implements— For gaming, seized and destroyed when, how. 1-2 83 For working streets, &c., supervisor to keep account of.. 39 134 Impounding— Animals, when done. 2 84 Animals, may be sold for, when. ......... 3 84 Animals, fees of officers in.... 4 85 Ammals, when sold for impounding, money to be paid into treasury. 5 85 Animals, when sold for, owner of, how proceed . 5 85 Animals, sale of for, officer may bid at, when... 6 85 Animals, officer may employ assistance in... 7 85 Animals, hindering officer m, penalty for. 7 85 Animals, breaking pound for, penalty for. 8 86 Cows, &c., when may be. 13 86 Animals, enticing or driving of, into city for, penalty for. 9 86 Imprisonment— Power of Council therein.. ^[42 4 16 Under the ordinances, when. 14 33 Of parties fined, when, how proceed..,... 20 42 Incompetent— Officer, duties of assigned to another, when... 7 128 Indictment— Of Mayor, when. 5 6 Of supervisor, when. 8 33 Infants— Property of, affected in opening streets, &c., how proceed 19 22 Guardian appointed for, when, how. 19 22 Same. 24 171 May redeem from tax sale, when.. 40 186 Injury— To public property, penalty for....,. 22 106 To property in cemeteries, penalty for. 23 107 To street lamp or lamp-post, penalty for. 24 107 To telegraph post or wires, penalty for. 24 107 To service caps of gas pipes, penalty for. 27 107 To private fences or grounds, penalty for... 28 107 To side-walks, culverts, &c., penalty for.....* 51 111 Interest— On bonds, what may be the. *f[l 4 11 Tax for payment of, how levied. f3 1 17 Upon sewer bonds, payable how. 2 148 Intoxicating Liquors—(S ee Liquors)— Intoxicated— In public place, penalty for... 9 105 Judges— Of election to examine ballot-box, when. 8 69 Of election, duty of, in taking ballots. 10 70 Of election appointed when, how... 2 68 Of election, city clerk to certify appointment of.. 2 68 Of election, refusal of to act, how proceed. 3 68 Of election, majority of, not attending, how proceed.... 3 68 Of election shall choose two clerks of election. 4 68 Of election shall take an oath, form of,.* 5 68-69 Of election, who administer oath to. 6 69 Lvdkx Judges— Of election when taken sick, how proceed. Or justice, inhabitant of city, competent for. Of election to make returns of, form of.. Of election to make return of to City Council, how. Of election not making returns, penalty for. Of election shall maintain order at. Of election refusing to take vote, penalty for. Of election taking illegal vote, penalty for.. Judgment— Execution to issue upon, when. Execution to issue upon, when.... Transcript from, when made, effect of.. Against liquor dealer reported to Mayor, when. Against premises for non-payment of side-walk benefits, how obtained... Jury— Duty of, who exempt from... Inhabitant of city, competent to be on. Parties exempt from sitting on. Jurisdiction— Of courts, in case of nuisance, not lost, when.,. Of Police Justices. Justices— Police, (See State law upon). Kites — Flying of, by boys, penalty for...... Labor— Upon streets, &c., supervisor to oversee. Upon streets, &c., by parties committed for non-payment of fines, how..... Upon streets, &c., prisoner refusing to, penalty for. LTpon streets, &c., prisoner to, when. Upon streets, &c., who to perform. Upon streets, &c., amount of money to be paid in lieu of, how fixed... Upon streets, &c.,when parties are notified to, how proceed Upon streets, &c., parties refusing to, penalty for. Upon streets, &c., monies received in lieu of, applied how Lamps—• For streets, City Council to provide. Districts for, how created. And lamp-posts, tax for. Districts, tax for in. Careless handling of, penalty for. District for No. 1, boundaries of.. District for, new ones how made. District for, erection of lamp-posts in, how done. Posts for, cost of, how estimated. Posts for, tax for, how levied . Posts for, tax for, and lighting streets levied on property of whole city, how. Street, injury to, penalty for. Posts for, injury to, penalty for . Street, lighted or extinguished without authority, penal- tv for... . 4 2 Li Section. Page. 6 69 15 34 15 71 16 71 16 72 20 72 23 73 24 73 14 33 20 42 23 42 24 99 18-19 160 9 7 15 34 9 77 9 33 14 40 54 69 114 38 134 22 144 24 144 26 145 1 171 1 171 3 172 4 172 5 173 P 4 12 P 4 12 115 1 18 P 1 18 17 79 1 101 2 101 3-4 101 7 102 V 8 102 9 103 24 107 24 107 25 107 220 Lamps— Posts for, climbing of, or hitching to, penalty for. Landlord— Property of, under lease, taken for streets,& c.,how proceed Part of property of, under lease, how proceed.. To pay expenses in opening streets, &c..... Language— Profane or obscene,that may be heard by ladies,penalty for. Lhvd— Conduct, penalty for...... Books, selling of, penalty for.......... License— City Council to grant........ To what business issue_'... To be granted to hackmen, &c.... ......... To be granted to billiard tables... How granted, term of...... Fee for issuing of....... Of butchers, to be granted to....... Application for, how made.. .... Application for, to to the Mayor, his duty in. To sell liquors, applicant for to file bond.. To sell liquors, not to issue for longer time than one year.. To sell liquors, parties holding, subject to ordinance on. To sell liquors, not to issue to parties owing unpaid fines, when........ .. To sell liquors, not to be granted to one for the benefit of another......... To sell liquors, to be granted to one person only.. To sell liquors, to issue to copartners, when.... To manufacture liquors, price of........ Application for, how and to whom made.... City clerk to issue, when................... How issued, term of............. To be subject to ordinances on.... Violation of ordinances on, penalty for. May be revoked, when, how... .. Not to be assigned or transferred, when. Clerk to keep registry of....... Money for, clerk to deposit in treasury, when..... Issuing of, fee for... Form of.... Marshal to enforce ordinance on. Marshal collecting money for, commission on...... Of auctioneer, penalty for selling as, without... Of auctioneer, price of..... Of auctioneer, applicant for to give bond, when... For billiard tables and ball alleys, operating without, penalty for......... For billiard tables and ball alleys, price of..... For exhibitions, shows, &c., not having, penalty for.. For exhibitions, shows, &c., price of...... For exhibitions, shows, &c., what may be without.. For exhibitions, shows, &c., revocation of, when. Peddler, being without, penalty for........ Peddler, price of.... Peddler, what is a....... Of wagons, drays, &c., being run without, penalty for.. Of wagons, drays, Ac., price of... . .— Index. Section. Page. 26 107 14 21 15 21 IT 22 12 97 10 105 11 105 m3 4 13 If 13 4 13 iri4 4 13 If 15 4 13 1fl6 4 13 1fl6 4 13 1fl9 4 13 1 87 1* 87 21 98 22- -23 98 22 98 25 99 26 99 28 100 29 100 27 100 2 88 2 88 3 88 4 88 4 88 4 88 5 88 6 88 6 88 6 88 7 89 8 89 8 89 9 89 10 89 11 89 12 90 13 90 15 90 17 90 16 90 19 - 91 20 91 22 91 21 91 24 91 25 92 Index. License— What wagons, •••»• •••'«'• •»*•••*•»• • • • * Judgments against dealers in, to be reported to Mayor, w h e n............ .....................................a. License not to issue when applicaat for is owing fines.. Dealer in, three times convicted of violation of ordi¬ nance on, effect of. License to sell, not to be granted to one for the benefit of another.. Manufacture of, license for, price of, penalty in. License to sell, granted to one party only, when. Sold outside city limits, within one-half mile, a nuisance.. Violation of sec. 30 of ordinance on, penalty for... Sign of dealer in, without license for, penalty for. Lottery— Setting up of, disposing of tickets for, penalty for. Lodging— Of prisoners, supervisor to provide for, when.. Of prisoners, generally, how.... Locomotive— Rate of speed of, within city. Lumber— Inspection of.. Magistrate— Police, (see State law on............... Police, term of office of... Police, practice before.. Police, appeal from, how prosecuted.... Police, trials before.............. Police, Council may appoint additional, when...... Police, (see police department)...... Ma&ufactqries— Regulation of, power of Council in.... Of liquors, without license, penalty for....... Map—- Of sewers, to be kept by engineer, when.____ Marshal— City, dMy of, generally....... .. City, may act as constable, when.... City, power of, in serving process. City, fees of............ Index, Section . Page, 11 96 12 97 13 97 16 97 14 97 15 97 IT 97 18 97 19 98 20 98 21 98 22-23 98- 22 98 24 99 25 99 25 99 26 99 2T 100 28 100 30 100 31 100 T3 115 14 105 26 144 28 145 1 146 CNl 14 54 I 55 4 55 6 55 19 41 14 40 139 115 2. 30 27 100 13 151 13 8 13 8 15 40-41 15 40-41 I.n'dex. 223 Section. Paye*. City, shall execute process of police magistrate. 5 55 City, shall suppress dog fights. 1 66 City, shall kill ana remove fierce dogs, when. 2 66 City, shall kill and remove bitch, when. 3 66 City, shall kill and remove dogs, when..... 4 66 City, interfering with, when enforcing dog ordinance, penalty for. 5 66 City, fees of, i* enforcing dog ordinance. 6 66 City, shall keep order at elections... 20 72 City, shall serve warrant for witnesses, when. 29 74 City, duty of at fires... 5 76 City, refusing to attend fires, penalty for_.._...* 5 76 City, shall require bystanders at fires to work, when.., 11 77 City, shall appoint guards at fires, when. 14 78 City, duty of as fire warden.• 26 81 City, duty of, in enforcing ordinance on fire limits. 5-6 82 City, may seize gaming implements, when.... 1-2 83 City, to impound animals running at large, when,. 1 84 City, shall sell impounded animals, when, notice of...... 3 84 City, fees of for impounding animals..... 4 85 City, may buy impounded animals, when.. 6 85 City, may employ assistance in impounding animals. 7 85 City, hindering of, in impounding animals, penalty for... 7 85-86 City, to provide pound, when... 2 84 City, neglecting to impound animals, penalty for.. 11 86 City, commissions of, for collecting license money. 8 89 City, shall designate stands for draymen, &c., when. 33 93 City, may close premises of liquor dealer, when. 13 97 City, shall enforce provisions of liquor oi’dinance.. 14 97 City, shall report judgment against liquor dealer to Mayor, when, penalty in.......... 24 99 City, notify parties to abate nuisance, when..... 1 117 City, duty of in all nuisance matters and proceedings, (see ordinance on nuisances)... 117 City, duty of, when premises are likely to become a nuisance. * 7 119 City, notify owner of building declared to be a nuisance, 16 121 City, to tear building down, when....., 16 121 City, to collect costs for tearing down building, how. 17 122 City, fees and salary of, (see chap. 17). 21 131 City, member of police department. 1 139 City, to be chief of police, power of.... 6 149 City, to have a station, attendance at... 6 140 City, shall serve process... 9 141 City, shall serve summons, when, power in. 10-11 141 City, to imprison parties, when. 22 143 City, having prisoners in custody, to report to Council, when....... 27 145 City, fees of.. 29 145 Markets--- Council to provide, power in. 1(9 4 12 House, &c., tax for.... 1|4 1 17 House, &c., construction of, power of Council in. 5 37 House, &c., construction of, proceedings in. 5 37 House, &c., construction of, may levy tax for. 5 37 Mayor— Oath of, duties of..✓.. 2 5 Shall preside at City Council. 2 6 Shall suppress riots.......—. 3 6 2'24 Txdex., Mayor— Shall examine books, &c., of city officers.... Shall be liable to indictment, when.... His salary, how fixed.... His veto power..... May administer oaths, &e., when. Vacancy in office of, how proceed..... Shall commission officers, when.... Shall preside at meetings of Council, vote of...'..* In absence of, who preside.....*.... Shall prohibit dogs running at large, when.... Election of, tie in, how proceed.. Election of, contested, how proceed. .. Shall summons witnesses in contested election cases... Shall have general supervision of fire department .... To report to Council, condition of fire department, when To require bystanders at fires to work, when. Duty of as fire-warden...- To notify parties violating fire-limits ordinance, when.. Duty of, in enforcing ordinances on fire limits. ....... May seize gaming implements, when.. To grant licenses, how... ... To sign licenses,when.. —.. To take bond of auctioneers.... May revoke license of exhibition, when.. To take bond of parties running wagons or drays...... Shall grant application for liquor license, when....... Shall approve bond of applicant for liquor license,when. May refuse license to liquor dealer, when. Shall refuse license to liquor dealer, when. To grant permission to builders to occupy streets, when. To give notice to parties encroaching on streets, how.. May abate obstructions, w r hen... To notify parties encroaching on side-walk, how.. To notify parties hanging goods over side-walks, when. Duty of, when premises have been declared a nuisance. Duty of, when building is declared a nuisance .. Duty of, when building is in danger of falling. To sign commissions of city officers... To inspect books and records of officers, when. To assign duties of absent or incompetent officer to another In trial of officers, to summons witnesses, how.... Salary of..._ .... To execute bonds in appeal cases, when... Acting, duties of.. Member of police department.... May remove watchmen.. To have supervision of police department. May arrest parties, when.. May appoint night watchmen, when.. Official acts of, attested by seal.... May borrow money for construction of sewers, when.. . To draw warrant for collection of benefits in opening streets, &c., when, form of...... To draw warrant for collection of taxes, when, form of. To sign copies of order of sale for taxes, when. Meats— Inspection of. Diseased, sale of, penalty for... ,,... Section . 4 5 6 7 7 3 19 1 1 4 18 28 29 3 3 11 26 5 5—6 1-2 1 3 11 19 27 18 21 25 26 44 46 57 59 61 11 16 20 3 6 7 12 18 29 7 1 3 5 7 13 2 2 16 19 31 <[18 4 37 Page . 6 6 7 7 7 7 9 10 10 66 72 74 74 76 76 77 81 82 82 83 87 88 89 91 92 97 98 99 99 110 110 112 112 113 120 121 122 127 128 128 129 131 132 137 139 140' 140* 140 141 147 148 168 179 183 13 109 Tsdkx. Section. Page. Measures- Council to establish.-. *1^0 4 14 False, use of, penalty for. . . -.-. 38 109 Meeting— Ol City Council, when, where.. 1 10 Of City Council, number of. 3 11 Of City Council, special, wheu. 3 11 Of teams, in the street, to turn to right . 32 108 Of commissioners, in laying out streets, notice et. 4 164 Minors— Not to be employed in billiard saloon, penalty for. 14 90 Not to be employed in liquor saloon, penalty for. 8 96 Not to be permitted on premises of liquor dealer, pen¬ alty for.. - 8-9 96 May be arrested by liquor dealer, when . - .. 9 96 Property of, to be affected by opening streets, how proceed. 19 22 Misdemeanors— Of judges of elections, what is. 75 46 Encouraging dogs to fight, penalty for. 1 65 Permitting fierce dog to run at large, penalty for. 2 66 Permitting bitch to run at large, penalty for. 3 66 Preventing Marshal from enforcing dog law, penalty for- 5 66 Permitting dogs to run at large, is, when .. 4 66 Violation of ordinance on fire limits, penalty for. ..... 5 82 Assemblages for the disturbance of the peace, penalty for. 1 104 Assaults, penalty for. 2 104 Disorderly conduct, penalty for. 3 104 Disturbing the peace, upon one’s own premises, penalty for. 4 104 Abetting unlawful acts, penalty for. 5 105 Disturbing religious worship, penalty for.- 6 105 Disturbing the peace on the Sabbath day, penalty for.. 7 105 False fire alarm, penalty for. j . 8 105 Intoxicated in public place, penalty for. 9 105 Indecent exposure of person, penalty for. 10 105 Appearing in dress of opposite sex, penalty for. 10 105 Selling obscene or lewd books, penalty for . 11 105 Obscene exhibitions, penalty for. 11 105 Obscene masks or cuts, in public view, penalty for.... 12 105 Exhibiting stud-horse in public place, penalty for. 13 105 Gambling, penalty for. 14 105 Setting up lottery, &c., or raffling, penalty for. 14 105 Permitting gaming on premises of owner of, penalty for_ 15 105 Keeping of or frequenting bawdy house, penalty for.. . 16 106 Fornications, penalty for . 16 106 Permitting house to be used for baw r dy purposes, pen¬ alty for. 17 106 Vagrancy, what constitutes, penalty for. 17 106 Keeping open billiard room or place of amusement on Sunday, penalty for. 18 106 Disturbing the peace, by amusements on Sunday, pen¬ alty for. 19 106 Keeping open place of business on Sunday, penalty for 20 106 Cruelty to animals, penalty for. 21 106 Injuring public property, penalty for. 22 106 Defacing tomb-stones, penalty for. 23 107 Injury to property of cemeteries, penalty for. 23 710 Injury to street lamps or lamp posts, penalty for. 24 107 Injury to telegraph posts or wires, penalty for.... 24 107 / 220 t^DEi. Section. Page. Misdemeanors— Extinguishing' or lighting lamps without authority, pen¬ alty for. 25 107 Climbing lamp posts, penalty for. 26 107 Injury to service caps of gas pipes* penalty for . 27 107 Hitching to, or injury of private fences, penalty for.. 28 107 Posting bills on private premises, penalty for. 29 107 Rapid driving on streets, penalty for. 30 107 Leaving teams unhitched, penalty for......... 31 108 Teams meeting in streets, to turn to right, penalty in... 32 108 Discharge of fire-arms in city, penalty for.. 33 108 Same. 79 116 Sale of poison, how, penalty for. 34 108 Leaving open cellar-door, cistern &c._, penalty for. 35 108 Leaving excavations unprotected, penalty for. 36 109 Sale of diseased meats, penalty for... 37 109 False weights and measures, using of, penalty for.. 38 109 Falsely representing to be an officer, penalty for... 39 109 Hindering or resisting an officer, penalty for.... 40 109 Rescuing parties from arrest, penalty for....,. 41 109 Officer may call assistance, in making arrests in. 42 110 Neglect of officer to perform duty, penalty for... 43 110 Builders, not to encumber streets without permit, pen¬ alty in. 44 110 Moving building in streets without permit, penalty for.. 45 110 Erecting encroachments on streets, penalty for,..,. 46 110 Encroachments on streets, &c., penalties and proceed¬ ings in. 47-48—49 111 Obstructing streets, &c., penalty for. 50 111 Excavations in streets, prohibited, penalty for. 51 111 Injury to side-walks, &c., penalty for. 51 111 Removal of corner or line mark, penalty for. 52 112 Removing earth from streets, penalty for. 53 112 Placing ashes or filth in streets, &e., penalty for. 54 112 Throwing or kindling fire on street croossings, penalty for 55 112 Encumbering streets or walks with merchandise, pen¬ alty for.....,..... 56 112 Streets obtructed by press of teams, &c., how proceed, penalty in. 57 112 Parties obstructing streets, liable to parties for damages.. 58 112 Three feet of side.walk may be used, when, penalty in.. 59 112 Encroachments on streets, &c., not to be rebuilt, penalty in 60 113 Goods, show-cases, signs, &c., on side-walk, penalty for.. 61 113 Goods, may obstruct part of side-walk, when. 62 113 Driving teams, &c., upon side-walk, penalty for. 63 113 Fastening teams so as to obstruct walks, penalty for.... 64 113 Walks to be kept free from snow, penalty in.. 65 114 Obstructing street crossing, penalty for... 66 114 Permitting water to fall upon walks, penalty for. 67 114 Boys, disturbing the peace in the night-time, penalty for.. 68 114 Boys, loitering about streets in the night, penalty for... 68 114 Boys, flying kites, rolling hoops, &c., penalty for. 69 114- Boys, exploding fire-crackers, &c., penalty for. 69 114 Boys, throwing stones, climbing trees, &c., penalty for.. 70 114 Boys, climbing into wagons, penalty for. 71 114- Making loud noises, penalty for. 71 114 Encouraging unlawful acts, penalty for. 72 115 Keeping out sign of liquor dealer without license, pen¬ alty for. 73 115 i v i.'i: .v. '>■> Misdemeanors— Idling about depots, penalty for.. Interrupting railroad employees, penalty for. Climbing into ears when in motion, penalty for.. Section five of ordinance on, amended.. Persons purchasing liquors, to testify in. Money— Drawn from treasury, how. Paid in lieu of street labor, when. For licenses, to be paid into city treasury... Collected by city officers, to be paid into city treasury.. Collected by city officers, to be reported to Council, when. In lieu of labor on streets, amount of, how fixed. In lieu of labor on streets, to be expended, where.. Of city officers....,.... Neglect— Of side-walks, «fcc., Council not’liable for, when. Of officers, damage caused by, collected of officers, how. Night— Watchmen, appointed how... Watchmen, oath of....;. Noise— Loud disturbing, making of, penalty for. Notice—• Of elections, how given. In laying out streets, &c., how given.. In laying out streets, &c., by commissioners, how given In laying out streets, &c., to non-ressidents, how given. In laying out streets, &c., of owner of building, of their election therein...'. In laying out streets, &c., of commissioners, of sale of building in. In laying out streets, &c., of clerk, how given. Of returns of assessment lists. Of tax collector, when given. Of sale of premises for taxes. To labor upon streets, how given. Same... r. . Of collector's sale, publication of.... For opening streets, &c., publication of.. Of commissioners for same, publication of.. To parties, to make election of award in. . Of sale, in same. To officer, of his election, how given.. Of sale of impounded animals, how given. To be given parties encroaching on streets, &c., how given. ... Of Mayor, &c., to parties encroaching on side-walks, &c. Of Mayor, &c., to parties having goods or signs on side-walks.. To paities to abate nuisances, how given. To owner of premises, when same has been declared a nuisance. To owner of building declared to be a nuisance. “ Reasonable,'’ how construed. Of order of City Council, in laying side-walk... Of supervisors, to owner of premises, in laying side-walk.. Seel ion. Vtuje. 74 Ilf) 7 <> 115 7(5 115 77 llfi 78 no 12 8 9 36 fi 88 4 128 4 128 1 171 5 17.*? 192 13 40 29 129 13 141 13 141 71 114 1 4 2 19 -5 19 5 19 5 19 6 20 11 20 2 25 6 26 9 27 3 32 2 36 hr i 38 8 38 8 38 •8 38 8 38 19 72 3 84 46 110 59 112 61 113 2 118 11 120 16 121 11 138 4 153 5 154 228 Section . Notice— Of supervisor, to non-resident owner of premises, in laying sidewalk. 6 Of commissioners, in assessing side-walk benefits. 12 Of supervisors, in relaying old walks. 21 Of commissioners, in laying out streets, Ac... 3 Of commissioners, of meeting of, in laying out streets, &c. 5 Of commissioners, in laying out streets, &c., form of... 7 Of commissioners, in laying out streets, &c., of sale of building, on land to be taken for. 8 Of Council, for objections to return of street commis¬ sioners. 13 To parties, to labor on streets, how given. 2 Of clerk, to tax-payers, on return of assessor. 12 Of tax collector, to tax-payers, how given. 22 Of collector, of sale of personal property, how given... 24 Of collector, of sale of real property, form of. 32 Of purchaser at tax sale, how given. 41 Nuisance— Abatement and removal of, power of Council in. T[4 4 Same. ^[32 4 Abatement of, costs in, how collected. 5 Dilapidated building, Council may declare to be. 1 Courts, not to lose jurisdiction in cases of... 9 Power of Council to abate and control. 25 Frame buildings, within fire limits, are, when.. 6 Selling liquors outside of city limits, declared to be. 30-31 What is, refusing to abate, penalty for. 1 Swine pens are, when, abatement of.. 2 Substances likely to become, removal of, penalty in. 3 Depositing nauseous or offensive matter,where, penalty in 4 Dead animals permitted to lie in city, penalty for. 5 In removing dead animals, when, penalty in. 6 Premises likely to become, duty of Marshal in. 7 Stagnant water is, when.. 8 Stagnant water, reported to Council, how, when. 9 Reported on premises, proceedings in. 10 Premises declared to be, duty of Mayor in.../. II Abatement of, cost of, how collected. 12 Abatement of, cost of, to be accurately kept. 13 Building declared to be, when. 14-15 Dangerous building reported to Council, when.. 15 Building declared to be, duty of Mayor in. 16 Building declared to be, torn down, when. 16 Cost of teariug down buliding, how collected.... 17 Building in danger of falling, declared to be, when. 19 Building declared to be, refusal to make secure, pen¬ alty in-. 18 Building in danger of fire, duty of Mayor in. 20 Scoff >lds, and other erections, declared to be, when. 21 Abating of, assessments for, form of.. 22 Abating of, assessments for, clerk to draw warrant for collection of.. 23 Abating of, assessments for, collected, how..24-26-27-28 Oath— Of judges of election, when taken.. 2 Of challenged voter, form of.. 3 .Of city officers, to be filed with clerk, when... 1 Index. Page, 154 156 160 163 164 164 165 167 172 177 180 181 183-4 187 12 15 24 29 33 35 83 100 117 118 118 118 118 118 119 119 119 120 120 120 120 121 121 121 121 122 122 122 122 123 123 123 124 5 5 6 V OjlTH Of electors, whew required. Of witnesses for voter, form of.. Of judges and clerk of elections, form of.... Who may administer to. Of challenged voter, form of.. Of appointed officers, when shall take. The word, construction of.. Of watchmen and police constables, when taken. Of night watchmen, when taken.. Of commissioners, to assess side-walk benefits. Of assessor, on return of assessment lists, form of...... O BgCENE-- Book, selling of, penalty for...... Exhibition, penalty for.... Marks or cuts, in public places, penalty for.... Obstructions— On streets, &c., penalty for.. On side-walks, by signs, &c., penalty for. On outer edge of side-walk, receiving or discharging goods, when........ On side-walk, by fastening teams on, penalty for. Objection— To tax assessments, made how...,., / To tax assessments, proceedings in.... Council to hear, assessor to attend meeting for. Office— Defaulter, cannot hold...,.. Aldermen to hold but one, when..... Officers— Of city, what required by charter....— Terms of office of......... Vacancies, how filled... Appointment of, what to be. Failure to appoint, how proceed. Removal of, power of Council in.. Appointed, how removed...... Alderman or Mayor, vacancy in office of, how proceed.. Quallocation ot.... ........» Tie in election of, how proceed.. .. Oath of, when, shall be taken.. ... .. To exhibit his book to Mayor, when. Shall give bonds, when .... Successors of, to have books and papers of... Shall be commissioned bow. Shall pay fines, &c., collected by him, into treasury — Shall be conservators of the peace... May arrest without process, when.. Salaries and accounts of, how audited.... Tie iu election of, how proceed . ■Notice to, of election of, how given. May direct the destruction of buildings at fires___ May buy impounded animals, when. Hindering of, in impounding animals, penalty for.. . .. Neglect of, to impound animals, penalty for... Shall report judgment against liquor dealer to Mayor. Persons falsely representing to be, penalty for _ Hindering or resisting of, penalty for . Rescuing arrested parties from. May call assistance in making arrests.. ........ Section. 74 74 5 5 12 16 6 4 13 11 11 Page, 45 43 69 69 70 130 137 140 141 156 177 li 105 11 105 12 105 50 111 61 113 62 113 64 113 13 177 14 178 15 178 7 4 2 10 1 2 3 2 4 5 5 6 ■7 8 1 4 17 18 91 5 23 23 1 18 19 10 a *7 4 11 24 39 40 41 42 2 2 3 2-3 3 3 3 3 4 4 6 6 9 9 9 32 34 34 63 72 72 77 85 86 86 99 109 109 109 110 2 Officer Shall properly di charge his duties, penalty in. To direct the abatement of street obstructions. Abating nuisances, to keep account of costs of... Of city, what required.................. City Council may require bond of,.... Attorney to examine bond of.,.... Commission of, form of,..,...... Collecting moneys, to report same to Council, when..... Collecting moneys, to pay same into city treasury.. Salaries of, paid how..,,...... .. Accounts of, to be presented to clerk, when,...... Accounts ot, audited how.. Books and records-, subject to inspection, when.•. Absent, or incompetent, duties of assigned to another,how Removal of, causes vacancy, when..,.,..... Shall be liable lor loss caused by negligence of. Neglecting duty, expense of employing another, to be deducted from salary of. Removal of, on charges, when, proceedings in.. Oath of, when taken....... City attorney, salary of-... Mayor, salary of...... Aldermen, salary of....... Marshal, salary of, (see chap. 17).... City engineer, fees of. ... Treasurer, salary and fees of.. . City clerk, salary and fees of...... Supervisors, salary of.... Collector, fees of.. . Assessor, salary of......... Salaries of, may he increased or diminished, when.. Receiving fees, shall make account of, and return to Council.. ........ City attorney, duty of, who shall be... City attorney,shall examine bonds, assessments, &e.,when City atttorney, shall prosecute suits before mrgistrate, when....... City attorney, shall report when necessary to take appeal City attorney, shall report to Council disposition of cases in Circuit Court.... City attorney, shall examine fee bills, when...... City attorney, in absence of, may appoint another to fill place, when....... Engineer, duty of.. Engineer, shall establish grades, when—.. Engineer, shall make plats, when... Engineer, shall keep record of plats and sewers.. Engineer, shall make surveys, when, how.... Engneer, shall find and establish boundaries, bow. Engineer, clerk shall return plats and surveys to, when... Supervisor, shall s-upervise improvements on streets.... Supervisor, his duties in general....... Supervisor, shall oversee work on streets, &c.,. Supervisor, shall keep account of expenditures and receipts, how... Supervisor, shall examine accounts presented from his department. Supervisor, shall make statements, monthly, of expendi¬ tures.... ....... Section . Page. 43 116 57 112 13 120 1 127 2 127 2 127 3 127 4 128 4 128 5 128 5 128 1 63 6 128 7 128 8 128 9 129 9 126 10-15 129-156 10 136 17 136 18 131 19-20 131 21 131 21 131 22 131 23-25 131 24 131 21 131 21 131 26 131 27 132 28 132 28 132 29 132 29 132 36 132 30 132 31 132 32 133 32 133 32 133 3 a 133 34 133 3>5 133 36 134 37 134 37 134 38 134 39 134 40 135 11 135 RST>El. * 231 Officer— Supervisor, shall cause ordinances on streets, &c., to be enforced.*....*. Supervisor, shall obey City Council, &c . City Council, shall make appropriation for streets, Sic., when... 4 .,... . May enter premises on suspicion, when..... . . Making- arrests., to attend trial as witnesses, wken.». Collecting fines, to pay same into city treasury... Of the city, names of.... Opening— Streets, &c., (see streets).....* Order— Of Council, to lay or relay sidewalk, form of.. Of Council, in laying side-walk, delivered to supervisor, when........ .. Of Council, for supervisor to lay side-walk, form of.__ Of Council, in collecting side-walk benefits, form of. Of Council, in applying for judgment against premises, in collection of side-walk benefits...... Of Council, in laying out streets, &c., form of.. Of Council, on return of comm’rs, in opening streets, Of Council, for sale of real property for taxes, form of (see note)...... For sale of property for taxes, made when.... Ordinances— Mayor to see enforced. Power of Council in, passage of, how... Publication of, when required... Proof of, how made.......:*... What, to be in force after passage of charter.... To be received as proof, when.... Style of... Digest of, when made.... Publication of, what sufficient..... Shall be received without further proof, when.... Violation of, city may sue for, how..*..*...*.. Authorizing revision of ordinances.. On dogs, duty of Mayor in.*.... On dogs, duty of Marshal in-. On fire limits, violation of, penalty for. On licenses, licenses subject to.* On liquors, officers to enforce...*.*.* Copy of, on liquors, to be posted by liquor dealer, when.. On liquors, parties selling, subject to.*... On liquors, violation of, penalty for. On liquors, violation of sec. HO of, penalty for. On misdemeanors, sec. 5 of construed. On streets, &c., supervisor to enforce. Repealed and modified, how.•. Conflict in, construction of.. The word “court” in, construction of.. Revived, how.... The word “ person or persons ” in, how construed.. The word “month” in, liow construed... The word “oath” in, how construed. The word “sworn” in, how construed. Rule of construction in, how applied. Rights of action under, not lost by repeal of.. Section. Page. 42 135 42 135 4:1 135 8 141 18 143 30 145 .132 3 '15.1 5 154 9 155 13 157 18 159 1 3G3 14 1G8 30 1 -M GO 31 183 2 6 4 16 3 1 33 11 33 1G 34 1.9 34 20 34 24 35 3 37 4 37 1G 41 62 4 GG GG 5 82 4 88 34 97 1G 97 22 98 25 99 33 99 f-r *r l \ 1 16 42 135 1 13G 2 136 3 137 4 137 ' 5 137 G 137 G 137 G 137 8 137 ■9 137 * m TxAE#. Okd u ./ 6 [NANCES— Giving two causes of action, selection in. The words “reasonable time” in, how construed.. The words “ reasonable notice ” in, how construed. Records of, how kept,. . .„. . When passed by Council, to be filed in clerk’s office. To be in force, when.,..... Who charged with enforcement of,.,.... On side-walks, &c,, violating provisions of, penalty for.. In levying assessments, in opening streets, &c., form of.. For levying taxes, when passed........,.... Certificate of authenticity of.,........ Racking— Houses, Ac,, regulation of...... Parks— And other improvements, tax for, when levied. S a m e.,...... Paving— Injury to, penalty for..... Peace— Conservators of, who are... Assembly for disturbing of, penalty for... Disturbance of, upon one’s own premises, penalty for.... Disturbance of, penalty for... Disturbance of, on Sabbath day, penalty for........ Peddlers-— City Council to control..... Without license, penalty for,..,... License of, price of,.. What is a..... Shall not enter private residence, when, penalty in.. Penalties— Against election judges, for permitting illegal voting,... For selling liquors at elections. For false swearing at elections... For making false statements at elections. For violating ordinance on additions....,.... For violating ordinances on combustible material. For encouraging dog fights... For permitting fierce dog to run at large. For permitting any dog to run at large, when.. For interfering with officer in killing dogs, when.. For disturbing the peace at elections..... For illegal voting....,..... For abetting illegal voting..... For judges of election, taking illegal votes... For judges of election, refusing legal votes...,.,.. For carrying away ballot-box. For refusal of Marshal and supervisor to attend at fires.. For using fire apparatus for private purposes... For refusing to woik at fires. For hindering men working at fires.,,,..,,.,,..,. For injury to fire apparatus. For insecurely putting up stove, Ac. For careless handling of combustible material. For carrying live coals, when. For burning shavings, Ac., when. For boiling pitch, Ac., when.... faction 4 Pag?. 10 138 11 138 11 138 12 138 13 138 14 138 7 140 23 161 15 168 71 178 192 p5 4 15 iri 4 11 5 37 51 111 9 7 1 104 4 104 3 104 7 105 1fl3 4 13 20 91 22 91 21 91 23 91 75 46 78 46 92 51 86 50 2 64 1-2-3 65 1 65 2 66 4 66 5 66 20 72 21 73- 22 73 24 73 23 73 25 73 5 76 8 77 11 77 12 78 15 78 16 79 16 79 19 80 21 80 22 80 fxotrx. * Penalties-— For building fires in out-house.... For scattering combustible material, when.. For refusing to put premises in safe condition. For violating fire limits ordinance. For having gaming implements in possession. . . _ For permitting animals to run at large in city limits For hindering officers in impounding animals. For breaking pound.. For enticing or driving animals within city, to impound... For permitting dangerous or vicious animal to he at large For refusal or neglect of Marshal, &e, to impound animals. For violation of ordinance on licenses.. For transferring license, when... For auctioneer to work at his business without license. For billiard tables to be used witout license...... For permitting minors to play upon billiard tables, &c. For conducting exhibitions or shows without license... For peddling without license. For peddler to enter private house, when. For running wagons or drays without license. For riotous conduct of wagoner or drayman. For refusal of wagoner or drayman to carry goods. For wagoner or drayman occupying station without consent of owner.. For wagoner or drayman, not using station designated. For wagoner or drayman, not keeping copy of 28th section of license ordinance. .. For selling liquor without license.. For permitting drinking to excess on premises of liquor dealer—.. For garni lg on premises of liquor dealer. For keeping open liquor saloon on Sunday ... For not closing liquor saloon at time, when, &c.. For employing minors in liquor saloon. For permitting minors on premises of liquor dealer. For obscene or profane language, when, where... For officers, failing to report to Mayor judgment against liquor dealer— ..... For violating the liquor ordinance. For manufacturing liquors without license. For violating section HO of liquor ordinance. For assembling to disturb the peace... For an assault. For disorderly conduct. ... ... For permitting a disturbance of the peace on owner’s premises. For abetting unlawful acts... For disturbing religious meetings. ..._ . For disturbing the Sabbath day. For raising false fire alarm. For being intoxicated in public place. For indecent exposure of person. For appearing in dress of opposite sex. For selling obscene books, exhibitions, &c... .... For making obscene marks or cuts, iu public place. For exhibiting stud in public place.... For gambling, raffling, setting up lottery, &c. For permitting gaming on premises. .... .. 30 m Section. Page. 23 80 25 80 26 81 5 82 2 83 1 84r 7 86 8 86 9 86 10 86 11 86 4 88 5 88 9 89 12 90 1.4 90 15 90 20 91 23 91 24 91 30 92 31 92 32 92 33 93 34 93 1 94 4 95 4 95 5 95 6 95 •8 9G 11 96 12 97 24 99 25 99 27 100 31 100 1 104 2 104 3 104 4 104 5 105 6 105 7 105 8 105 9 105 10 105 10 105 11 105 12 105 13 105 14 105 15 105 234 Index. Penalties— Section . Page , For keeping or frequenting bawdy houses, permitting of. 16 .106 For vagrancy .... 17 106 For disturbing the peace on Sunday, by amusements.,. 19 ~ 106 For keeping open billiards, or place of amusement on Sunday. 18 106 For keeping open place of business on Sunday... 20 .106 For cruel treatment to animals..... 21 106 For injury to public property... 22 106 For defacing tomb-stones, and injury to property in cemeteries. 23 107 For injury to street lamps, telegraph poles, wires, &c. . 24 107 For lighting or extinguishing street lamps without authority.. 25 107 For climbing, or hitching animals to, lamp posts. 26 107 For injury to service caps to gas pipes. 27 107 For injury to private fence or grounds...... 28 107 For -posting bills on private premises. 29 107 For rapid driving on streets. 30 107 >: For leaving team -unfastened.. 31 108 For teams meeting on street, not passing to the right.. 32 108 For discharging fire-arms in city. 33 108 For selling poison, when_.... 34 108 For leaving open cellar doors, cisterns, &c. 35 108 For leaving excavations unprotected.36 109 For selling diseased meats......... 37 109 For rising false weights or measures... 38 - 109 For pretending to be an officer..... 39 109 For hindering or resisting an officer..... 40 109 For rescuing or abetting the-rescue of parties from an officer. . 41- 109 For refusing to assist in.. makingarrests.... 42 110 For neglect of officer to perform his duties_.... 43 — 11 Of. . y F >r builders, encumbering, the streets., without permit.. 44 110 For moving buildings through the streets, when_ 45 110. •y. . For encroaching upon streets,. &c M by erections. 48 110 f... And proceedings, when encroachments are made upon streets, &e.,. by erections, &c... 47-48-49 111 For obstructing streets, &c.. For making excavations, &e M in streets, &c.. For injury to streets, side-walks., &c... For removing corner or line marks.. For removing, earth from streets, &c . For placing ashes or filth in streets, &c. For throwing or kindling fire on crossings. For encumbering or obstructing streets, &c., with merchandise ..... .. ...— ..—.. For not obeying officer in removing obstructions from streets, &e.......... For occupying more than three feet of side-walk... For repairing nr rebuilding encroachments on streets.. For placing goods, show-cases, signs, &c., on side-walks,. For obstructing side-walk, in receiving goods, when.. For driving teams or vehicles on side-walk.. For hitching teams so as to obstruct side-walk. For not keeping snow off of sidewalks. For obstructing street crossings. For permitting water to fall upon walk. For boys disturbing the peace or loitering about streets in the night time.;,..,......... 51 111 51 111 52 112 53 112 54 112 55 112 56 112 57 112 59 112 60 113 61 113 62 113 63 113 64 113 65 114 66 114 67 114 68 114 Index. Penalties— For boys, flying kites, or rolling hoops, &c. For boys, throwing stones, climbing trees, &c . For boys, climbing Into wagons,or making dist’bing noises For boys, encouraging unlawful acts.. For idling about depots..... For interrupting railroad employees..... . For climbing upon cars when in motion........ For refusing to testify* when.........._........ For refusing to abate nuisance, when. For refusing to remove substances likely to become nuisances_......... ...... ' J For depositing nauseous or offensive matter in city.. For permitting, dead animals to lie in city. For committing nuisance in removing dead animals.. For not paying money collected into treasury. For failure of witness to attend trial of officer. For injury to prisoner.. For prisoner refusing to labor, when. For refusal of Police Magistrate to hold court. For railroad cars standing on streets... For connecting privy drains with sewers... For refusing to repair side-walks, &c. For idling away time when laboring on streets. For refusing or neglecting to labor on streets. For giving false or fradulent tax assessments.. For not paying for property purchased at tax sale.. For running velocipedes on side-walks, &c... Limit of..... Petition— For sewer3 (see sewers).. Pitch— Boiling, &c., how*, penalty in. Plats — Of additions, how made. Of additions, to be approved by City Council. Of additions, bow proceed.,. Of additions, shall conform to original town. Of additions, shall be submitted to Council, for approval.. Of additions, violation of ordinance on, penalty for.. Engineer to make, when. Record of, to be kept in office of engineer. Returned to engineer by clerk, when. Of streets, &c., how kept. Poli'.e Constable— (See constable.). Police Department— Appointment of policemen in, bow. Regulation of, power of. Council in. Officer of, to keep order , at elections. Officer of, to require bystanders at lires to work, when.. Officer of, shall arrest parties at fires, when. How composed. . Constables in, may be appointed when, how. Watchmen, appointed in, how, powers of, removal of.. Constables and watchmen, in, to take oath of office.. Mayor, to have supervision of.... Marshal, to be chief of, powers of, duties of.. Members of. to cause ordinances to be enforced., Section . Page. 69 114 70 114 71 114 72 115 74 115 75 115 76 •; ns 78 u 116 1-2 117-118 3 118 4 118 5 118 6 118 4 128 12 130 23 144 24 144 30 145 2 146 11 151 24 161 3 172 4 172 7 176 36 185 1 189 1T42 4 16 22 80 6 32 12 40 1 64 1 64 3 64 2 64 32 133 33 133 36 134 2 163 2 2 H26 4 14 20 72 11 • 77 13 78 1 139 2 - 140 - 3 140 4 , 140 5 140 6 140 7 i 140 286 .. Lvbii&i ■Police Department— Members of, may make arrests, when, how. Officers of, may enter premises, on suspicion, when.. Constables of, have power, when........ Marshal and constable in, to serve summons, when Supervisor, may arrest without process, when. Mayor and Police Committee, may appoint night watch¬ men, when, duties and oath of.. Magistrates in, jurisdiction of....... Statements, in suits before Police M t gist rates, form of.. Arrest of parties, warrant for, how issued....... -No process necessary, when..,... Parties arrested, may give bail, when. Officers making arrests, to attend as witnesses.. Parties committed for non-payment of fine, how.... Parties committed, to labor on streets, when.. Prisoners laboring on streets,to be delivered to supervisor. Prisoners laboring on streets, shall wear ball and chain, when...,..,...... .... Prisoners laboring on streets, injury to, penalty for.. Prisoner refusing to labor, how proceed. Prisoners committed, to be discharged, when.. Prisoners, to be supplied with food and lodging.... Prisoners, working out fine, allowed, what..,.,.. Prisoners, marshal or supervisor, having in custody, to report, when....... Prisoners, lodged where.... Fines collected, in, to lie paid into treasury, when.. Fines collected by Police Magistrate, to be reported, when. Magistrate, refusing to hold court, penalty for.,..... Police Justice—(S ee. Police Magistrate) Police Magistrate— Jurisdiction of.,...... Rules of practice bef >re. State law on, regulations concerning... Practice before. Appeal from, how prosecuted.... Term of office of.... Duty of, in seizing gaming implements.. May revoke peddlers’ license, when.. Shall be member of police department. Jurisdiction of..... In suits before, statements of, filed in, form of..... In suits before, fees of witnesses in. Arrested party before, may give bail.. Officers making arrests to attend before as witnesses. In vexatious suits before, costs how assessed. May commit parties for non-payment of fines. To make report to Council, when.. Refusing to hold court, penalty for.... Pound—(S ee Animals)— Polls and Poll-Lists—(S ee Elections)— Posts, Lamp—(S ee Lamps)— Process— In city cases, first, what to be.... To arrest without, when.. What officers may serve. Not necessary, when.... Affidavit for, what contain..... t. . Section. Page , 2 140 8 141 9 141 10-11 141 12 141 13 141 14 142 15 142 16 142 17 142 18 143 19 143 ' 22 143-4 23 144 23 144 23 144 24 144 24 144 25 144 26 144 26 144 27 145 28 145 30 145 30 145 30 145 i4 40 14 40 54 4 55 6 55 1 54 2 83 23 91 1 139 14 142 15 142 20 143 18 143 19 143 21 143 22 143 30 145 30 145 13 33 23 34 15 40 17 41 IS 41 / Index. Process— Council may prescribe form of. Parties may be arrested without, when. Constable has power to serve, when. Marshal and constable shall serve, when....-. Supervisor may arrest without, when. Proceedings— Of City Council, how kept..... For violation of ordinance on lire limits..... In seizing and destroying gaming implements....... When nuisance is reported on premises ........... Of Council, when dangerous building is reported... When parties refuse to make buildings secure_.. When buildings are in danger of falling. In collecting assessments for abating nuisances. In appropriating moneys lor the improvement ofstreets.&c* In committing for non-payment of tines... For the collection of assessments in opening streets. &c. In opening streets, &c., when owner of land is an infant. Of Council, in bearing objections to tax assessments. Property— Held by officer to be delivered to successor.. Of city, when to vest.. ...*. Sale of, for taxes.*...... Private, drained into sewer, how, penalty in.. Listed for taxation, how.... Valuation of, for taxes, how ascertained.. Owner of, sick, absent, or not found by assessor, how proceed....... False list of, to assessor, penalty for.. Refusing or neglecting to list fur taxes, penalty for. Not listed for taxes, in present or former year,how proceed. Real and personal, taxes a lien upon, when. Personal, distrained for pavineut of taxes, how, when... Personal, sold for taxes, when, how... Real and personal, what taxes liable for... Real, sold for taxes, proceedings in, (See Note).... Sold for taxes, purchaser to pay for, when.. Sold for taxes, iiow redeemed.......... Sold for taxes, deed given when, how... Not subject to taxes, assessed, bow proceed.. Sold for taxes, sale not invalid, when. Public— Grounds, improvement of, power of Council in...... Grounds, to be surveyed when, laid out how........ Improvements, power of Council in..... Improvements, construct side-walks, grade grounds, &c. Works, specifications of, how made... Publication— Of ordinances, how made, proof of, how made. Of ordinances, what sufficient, proof of. Of ordinances, in book form, proof of.. Of ordinances, no further proof required in, when. Of various notices in opening streets, &c... Of notices of clerk in opening streets, when. Of matters in general, time of....... Of ordinances, to be in force after.... Of registry lists, how made....... Purchaser— At tax sales, (See Taxes.) Section. Page . 24 42 • 7 140 9 141 10-11 141 12 141 10 7 ’ 5 82 2 83 - 9 119 121 IS 122 29 12 2 124 43 135 " 22 143 17 109 24 171 14 178 18 9 18 34 30 52 7-10 150 L 174 3-4. 175 5-6 175^-6 7-8 170 8 170 9-10 176 20 180 23 180-1 ' 24 181 27 181 35-30 184 30 185 39-40 180 41 186-7 46-47 188 48 188 tflO 4 12 1 18 1 23 T[ 2—3 1 23 32 133 11 33 3 37 • 4 37 19 34 8 38 9 39 25 42 14 138 80 47 238 ' Index. rrBr.-.r.-gccsa Qualification-— -T. Of voters... Of officers.. Quarantine-— ~;i Power of Council in. Section . Page* * * • •v *■ • I O • ' « * 0 • « • • « Baffling— - Penalty for_...I;;.,...;;..'.. Railroads— / " _ , ' . . r. Regulations of, power of'Council in...........;......... Rate, -of -speed on, in city, penalty in.;.............,.. •Trains upon, not to stand on streets..............__ How liable for violation of ordinances... Fines against, bow collected.......... Reconsideration— Of vote in Council, when bad.. ... Receipts and Expenditures— ' " y Statement of, to be published when.......... Statement of, wbat shall contain......... Records— •; - Of officers, inspection of, how made..... Of plats and surveys, kept when.... Of ordinances, how kept........... Of surveys of streets, how kept...... Of tax sales, how kept.-........_ • o'*" Of redemption from tax sales, how kept.. Of tax deeds issued, how kept.. Redemption— From tax sales, (See Taxes).............. Registry— Board of, how composed, meeting of...... Board of, second meeting of.......... Board of, shall keep order at meetings of...... Board of, may appoint clerks-................ ........__ Of elections, wbat shall contain, how arranged..... Of elections, copies of, disposed of how... Of elections, copies of, posted when...... Of elections, new districts of, how proceed... . Of elections, correction of...... Of elections, voters not registered, how proceed.... Of elections, completed, lists- of..■.-.. Board of, oath of members of.. Clerks of, duties of.... Lists of, bow kept.-.. .. Lists of, after canvass, how proceed. Double, penalty for........ Blanks- for, how obtained ..... Of names of members of fire companies, how kept. Of licenses, how kept. Remitting— Fines and penalties, how... Same....... Penalties for violating liquor ordinance, when. Removal— Of aldermen, from their ward, effect of.. Of officer for misconduct, how. .,. Of Mayor from office, when, how.,. Of Commissioners for opening streets, when.... Of nuisances, expense of..—... » o' & of o'o • • • O' *W” : 3 5 -7 -- . q - 4 f 3 . -o -L - - 4-- ■pr 12 — -- t , a ^ A . H :X- 105 pj ' 4 10 1 ;'r 140 2 ;V 140 - 3 140 4 ICt 1 T 6 33 12 2 38 39 42 79 8-2 91 88 80 80 80 81 83 84 85 85 80 80 87 92 93 9 0 9 20 25 4 5 5 12 5 “T47' 33 31-32 31-32 128 133 138 163 180 180 187 40 48 50 50 47 47 47 48 48 48 49 49 49 49 50 50 51 77 88 33 42 99 3 3 0 21 24 t'jr&EX 239 Removal— Section . Page » Of firemen, when, how.. ^[3 3 31 Of frame buildings within fire limits, prohibited.... 4 82 Buildings through streets, Major to permit, when.. 45 110 Corner, line or grade marks, penalty for .. 52 112 Earth from streets, penalty for. 53 112 Of substances likely to become a nuisance, when.. 3 118 Of dead animals from city, how, a nuisance, when.. 6 118 Of officer, vacates office when... 8 128 Of city officer for misconduct, proceedings in. 10 129 Of city officer for misconduct, proceedings in.. 14-15 130 Of buildings from land to be taken for streets, how. 8 165 Of commissioners for opening streets, how........ 19 170 Residence— Return— Of votes cast at elections, (See Election)..., Of commissioners in laying out . streets, &c. 12 166 Of commissioners in laying out streets, notice for objections to......_............................... 13 _ 167 Of commissioners in laying out streets,order of Councilin 14-15 168 Of assessor to City Council, form of....,....... 11.-12 177 Of collector, of warrant for collection of taxes, form of. 28 182 Of tax warrant, collections made after, how_..... 43 188 Report— Of a nuisance on premises, .how proceed............. 9 119 Of officer, of moneys collected on fines....... 27 132 Of city attorney, in taking appeal's'........'.._........ 29 13.2 Of city attorney, of suits pending in Cireuit Court. 30 132 Of Marshal and supervisor, of prisoners in custody. 27.1 145- Of Police Magistrate, of fines collected, &c. 30 130 Of engineer, of cost, of sewers, when....._ 5 140 Of supervisor, of side-walk not built, bow.. 8 155 Of supervisor, of side-walks built, cost of, &c__ 8-10-11 155-6 Of commissioners, in assessing benefits of side-walks. 13 157 Repairs— On streets, &c., how made.................................. 37 134 On streets, &e., when costs of, exceed $25, how proceed. 37 134 Side-walks to be kept in...... 37 134 On streets, &c., Council shall authorize, when...... 38 134 On sewers, how made... 9 150 On -sewers, cost of, how collected..... 9 150 On side-walks, how made.... 21 160 On side-walks, refusing to make, penalty for. 24 161 Re-Survey— Of city, when and how made.... ....... 11 4® Revocation of Licenses—(S ee Licenses)— Rejecting Votes at Elections—(S ee Election)—- Revision— Of ordinances, authority for....... Roads— Inhabitants of city exempt from working on, outside of- city limits....v.... 2 32 Rules— . Of City Council...... 56 Sabbath— Place for the sale of liquors not to be open upon 5 95 Disturbance upon, penalty for. 7 105 HO Sabbath— Keeping open billiard room, or place of amusement upon, penalty for............ Disturbing- the peace, by plays or amusements upon,. penalty for........ Keeping open place of business on, penalty for,,... Salaries— Of Of Of Of Of Of Of Of Of Of Of Of Of Of Of Of City Council, what shall be....... city officers, how audited............ city officers, paid how...'..... city officers, not to be paid when officers in default, city officer, neglecting his duty, stopped bow..., city attorney.......... Ma\or. ...... ......... aldermen... Marshal, (See Chap, 17, engineer. treasurer city clerk. supervisor... collector.. assessor....... officers, may be increased or diminished!,. Sale—• Of property for taxes, proceedings in_............. Of impounded animals, how made, notice in. Of impounded animals,money for,to be paid intotreasury Of impounded animals, owners of how to proceed. Of impounded animals, officer vnav buy at. Of liquors^ license for, (See Liquors,)... Of poison, how made, penalty in.... Of diseased meats, penalty for.,---.. Of premises, for abating mb an nee r (See Nuisance.) Of sewerage bonds, bow made-......... Of premises, for side-walk assessments-, (See Side-walks,) Of buildings, in opening streets, &e., (See Streets,.) Of personal property, for taxes, (See Taxes,) Of real property, for taxes, (See Taxes,) Seal— Corporate, city may have..... Corporate, to lie kept by city clerk.. Corporate, to be affixed to certificates of clerk, when... Corporate, description of....... Corporate, to be affixed, when .. Sewers— Power of Council to construct...... Petitions for, construction of..... Construction of, cost of, how paid.. City may borrow money for, how..... Bonds, when and how issued, interest upon, how paid. Bonds, payable how, tax for, bow levied.. Bonds, sale of, proceeds, where expended, tax for, h o w eol fee ted.......... Engineer to report cost of, to Council.. Construction of, material and dimensions to be pre¬ scribed by street committee, when. Private premises drained into, how.... Lateral, how constructed... Bepairs on, how made, cost, of how collected. Private,connected with main sewer,.must have permission iXLEX, Section . Page . 1 Ofi- 19 lOO 20 TOO 1-2 10' £ 63 5 128* f> 128* 0 120 17 130 18 131 19-20 131 21 ' 131 21 131 22 131 23-25 131 24 131 21 131 21 13! 2G> 131 30 50 3 84 5 85 & 85 6 85 94 34 108 37 100 $-4 140 I I 10 7 4 37 1 147 2 147 4 12 1 148 1 148 ; 2 148 : 2 148’ 3-4 140 3-4 149 5 - 140 6 140 -7 150 7-8 150' 9 150 10 150 IXDKY. SkWIHS — Privy or cess-pool not to be drained into, penalty for.. Petitions for, where filed. Engineer, shall keep map of. District, No. 1, of, boundaries of..... Side-Walks— . Encumbering of, power of Council in. Council not liable for the neglect of, when. Leaving open cellar-door in, penalty for.. Encroachments upon, penalty for. Encroachments upon, penalties and proceedings in. Injury to, penalty for...... Three feet of, may be occupied when, penalty in. Goods, show-cases, and signs over, prohibited, penalty for Outer edge of, may be used in receiving goods, when... Driving vehicle upon, penalty for. Hitching teams so as to obstruct, penalty for.. Snow to be kept from, penalty in. Permitting water to fall upon, penalty for. To be kept in repair, bow... How laid, dimensions of, grade of, crossings of, Ac.. Supervisor, to superintend building or relaying of... Cost of, to be reported to Council, when... Laying, or relaying of, order of, form of.. Notice of order of Council to build, published, how, when.. Copy of order to build, delivered to supervisor, when, how. Notice to owners of premises, to build, given how. Notice to build, to non-resident, given how. May be built by owner, how, when. Not built, to be reported to Council, when, how... On report of supervisor, Council to order supervisor to build, when, form of.... Cost of, account of, how kept, report of, form of.. Supervisor’s report of cost of, approval of.... Commissioners, to assess benefits of, appointed, how Commissioners, to assess benefits of, meetings of, ho w held Commissioners, to assess benefits of, report of, form of proceedings in... Benefits, warrant for collection of, form of.. Benefits, war’nt for collection of, deliv’d to collector, when. Benefits, collected how. Benefits, non-collection of, judgment in, applied for, how. Benefits, collection of, sale of premises for, how made. Repair of, how proceed.*. Grade of, established how.. Building of, contrary to regulations, penalty for. Refusing to repair, penalty for. Velocipede, run upon, penalty for. Shows—(S ee Exhibitions). Slaughter-Houses— Regulation of, power of Council in. Streets and Alleys—(S ee Streets). Streets— Labor upon, who exempt from. Plats made of, how. Supervisor to superintend work on. City Council to have control of.. Obstructions upon, power of Council in. Lighting of, Council to provide for. Encumbering of, power of Council in. 31 241 Section. Page . 11 151 12 151 13 151 14 151 If 12 4 12 13 40 53 108 46 110 47-48-49 111 51 111 59 112 61 113 62 113 63 113 64 113 65 114 67 114 37 134 1 152 2 152 2 152 3 153 4 153 5 154 5 154 6 154 7 154 8 155 t 155 10 155 11 156 11-12 156 12 156 13 157 14 158 15 159 16-17 159 18-19 159-60 20 160 21 160 22 161 23 161 24 161 1 189 p5 4 15 9 7 14 8 16 9 P 4 12 P 4 12 lie 4 12 m.2 4 12 242 Indbx. Section . Page. Streets— Disturbance upon, prohibited, how. ^[31 4 15 Labor upon, bow performed, who may . ^[6 1 18 Laid out, when, how, proceedings in... 1 18 Opening of, ofder of Council in, proceedings in.... 1-2 163 0pacing of, &c., Council to give notice when, form of.. 3 163 Laying out of, commissioners for, appointed how, duties of 2-3 19 Opening of, commissioners for, elected when, how, duty of.......... 4 163 Opening of, commissioners for, meeting of, notice of proceedings of.... 5 164 Building upon land, to be taken for, how proceed.. 4-5-6 19 Building upon land, to be taken for, proceedings in, generally....... 4-5-6 19 Building upon land, to be taken for, how proceed.. 6-7-8 164 Building upon land, to be taken for, proceedings in generally. 6-7-8 164 Opening of, notice of, publication of, and general amendments to charter of, proceedings under. 8-9 38-39 Opening of, assessments of benefits and damagei, how made. 9-10 165-6 Opening ©f, lands and building upon, to be taken for, belonging to different parties, how proceed... 11 166 Opening of, mortgage or lease on land to be taken for, how proceed. 11 166 Opening of, commissioners for, to make return to Council, form of.. 12 166 Opening of, objections to returns of commissioners, how made, v^hen,. 13 167 Opening of, returns of commissioners for, proceed¬ ings of Council in. 14 168 Opening of, assessments for, levy of, form of.. 15 168 Opening of, assessments for, collection of, warrant for, how issued, form of.. 16 168 Opening of, assessments for, collection of, proceedings in. 17 169 Opening of, assessments for, a lien, when. 18 170 Opening of, commissioners for, may be removed, when.. 19 170 Opening of, land to be taken for, not to be appro¬ priated until paid for. 20 170 Opening of, land to be taken for, under contract or lease, how proceed. 21-22 170 Opening of, appeal from order of, when maybe taken... 23 171 Opening of, owner of land to be taken for, an infant, &c., how proceed... 24 171 Opening of, land to be taken for, deed of to city, how given. 15 171 Firemen, exempt from labor upon... 9 77 Lighting of, Council to control, how proceed. 3 101 Lighting of, tax for, how levied. 6 102 Lamp, injury to, penalty for. 24 107 Lamp, lighting or extinguishing without authority penalty for. 25 107 Rapid driving upon, penalty for. 30 107 Teams, meeting on, to pass to the right, penalty in. 32 108 Excavations in, unprotected, penalty for.... 36 109 Builders, to encumber, must have permit. 44 110 Removing buildings upon, must have permit. 45 110 Encroachments upon, penalty for. 46 110 Encroachments upon, penalties and proceedings in. 47-48-49 111 Streets— Obstructions upon penalty for. Excavations in, penalty for, proceedings in. Grade marks of, removal of, penalty for. Removing earth from, penalty for... Throwing ashes or filth into, penalty for., . Crossing, throwing or kindling fire upon, penalty for... Obstructed by merchandise, penalty for. Obstructed by a press of teams, how pr©ceed. Parties obstructing, liable to private parties for inju¬ ries caused by. Encroachm’ts upon, not to be repaired, when, penalty in... Ctossings, obstructions of, penalty for. Boys loitering upon in the night time, penalty for.. Repairs upon, how made, cleansed how. Council to authorize labor upon, when. Council to make appropriations for, when.. Taxes for, when expended, how proceed .. Culverts and bridges in, how constructed. Prisoners to labor upon, when. Prisoners laboring upon, allowed what.. Railroad trains not to stand upon, penalty for. Committee on, may borrow money, when, how. Committee on, to prescribe construction of sewers in... Labor upon, who to perform. Labor upon, amount to be paid in lieu of, how fixed.... Labor upon, notice for, how given... Labor upon, parties notified for, how proceed. Labor upon, parties engaged in, idle and disobedi¬ ent, penalty for.. Labor upon, refusing to, penalty for. Labor upon, money received in lieu of, how applied. Suits— Costs in, city not to pay, when. Appeals in, proceedings in.. In Circuit Court, attorney to report, when .. Iu City Court, prosecutor may elect under which section to proceed. Right of, not lost by repeal of ordinance. . Summons in, to be served by whom, how. Vexatious, not to be prosecuted when, costs in, how paid.. Witnesses in, fees of, how collected. Parties defendant in, may give bail, when. Report of, by Police Magistrate, when made. Against railroads, how proceed. Supervisor— Duties of, generally. Duties of, at fires. Refusal of to attend fires, penalty for. To notify parties to abate nuisance, when. Duties of in all matters pertaining to nuisances.... Shall superintend improvements on streets. .... Shall make repairs in streets, &c., when, how. Shall keep streets cleansed. Shall repair side-walks... Shall keep account of expenditures, receipts and implements. Shall examine all accounts in his department. Shall make statements to Council of expend itures, when.. Section. Page. 50 Ill 51 111 52 112 53 112 54 112 55 112 5(1 112 57 112 58 112 00 113 (>•6 114 (18 114 37 134 38 134 43 135 43 ^ 135 44 135 22-23-24 143-4 26 145 2 146 2 148 6 149 1 171 1 171 2 172 3 172 <3 172 4 172 5 173 21 42 29 132 30 132 10 138 9 137 10-11 141 21 143 20 143 18 143 30 145 3 146 16 9 5 76 0 1 1 o 117 117 37 134 37 134 37 134 37 134 39 134 40 136 41 135 244 Sue4rtisor— Shall cause ordinances cm aide-walka and street.® to be enforced......... Shall obey City Council, &e.... May arrest without process, when.... Shall have charge of prisoners working streets...... May attach ball and chain to prisoners working streets, when.............. Shall supply prisoners with food and lodging, when... Having prisoners in custody, to report to Council, when. Shall superintend building and rebuilding of side-walks, when......... Shall give notice to owners of property to build aide- walks, when, how... Shall report aide-walk not built to Council, when, approved of........ Shall report cost of building side-walk, form of, approval of....... Duty of, in repairing side-walks... Shall notify parties to labor upon streets, when, how... Taxes— How levied, power of Council in. For general purposes, limit of..... For school purposes, limit of.... To pay interest city debt, limit of.. For market bouse and other public improvements, limit of... For lamps and lamp posts, bow levied, limit of.. For street labor, bow determined. .. Assessment lists for, form of, proceedings in... Assessment lists for, when returned, clerk to give notiee in, how... Levy of, by Council, how made.... Assessments for, a lien, when, sale ©f property for, when.. Warrant for collection of, when to issue, how, style of.... Collection of, power of collector in.... Collector of, shall pay into treasury, when.. Sale of premises for, order of Council in. Sale of premises for, collector to advertise for, how. Sale of premises for, how conducted... Sale of premises for, deed in, when given, how. Sale of premises for, certificate in, assignment of........ Sale of premises for, to be forfeited to city, when. Sale of premises for, deed in, what to contain.. Street, fireman exempt from....... Street, where expended....... May be levied for halls, makets, hospitals, &e., when... May be levied for fire engines, when... Sate of property for, how proceed... For lighting streets, how levied..... For erecting lamp posts, how levied.. For lighting streets and erecting lamp posts, how levied.. Collection of, warrant, when drawn, how, form of.. Due and payable, when, a lien on property, when.. Collector of, to give receipts to clerk, when..... Collector receiving warrant for, how proceed, his notice in, how given... Collector of, may distraip when, how, (See Note,). Collector of, selling personal property for, notice of, fees in. Index. Section. Page. 42 135 42 136 12 141 23 144 23 144 26 144 26 144 2 153 5-6 154 8-1 155 1C i-l i 155-6 21 160 % 172 1 17 P 1 17 P 1 17 P 1 17 P 1 17 115 1 18 P 1 18 1 25 2 25 3 25 4 26 5-6 26 6 28 7 26 8 26 9 27 10 27 11 27 11 -12 27-8 13 28 14 28 4 31 7 32 5 37 6 38 30 52 6 102 8 102 9 103 18 -19 179 20 180 . 1 21 180 22 180 23 180-1 24 181 Taxes— Collector receiving, shall mark paid in hook. Error in warrant for, how proceed.... What, real or personal property liable for.. Collectors return of warrant for, form of.. Collector’s statement of delinquents, when made. Collector of, returning warrant unsatisfied, how proceed. Unpaid, sale of premises for, order of, form of, (See Note). Order of sale for, clerk to give to collector, when, how.. Collector to sell property for, how, notice of, form of.... Sale of property for, stopped by payment of......... Collector to sell premises for, when, how..... Sale of property for, what part sold, purchaser to pay, when Sale of property for, certificates of, how given, form of.. Collector to return list of property sold for,to Council, when Sale of property for, collector shall return to Council certificate of printer of publication of notice in...._ Sale of property for, Council shall approve_____ Sale of property for, redeemed from when, how.... Sale of property for, infants, &c., may redeem from, when. Sale of property for, deed given in, when, how...,. Sale of property for, conditions required of purchaser at, before deed will issue.....,....... Term—- Of licenses, what is....... Teams— Left unfastened, penalty for.... Meeting on streets, to pass to right, when.... Obstructing streets, how proceed, penalty for..... Driven upon side-walks, penalty for..................... Fastened go ae to obstruct side-walk, penalty for.. Telegraph— Posts or wires, injury to, penalty for...... Tu¬ la election of officers, how proceed.... —....._.... Time— Of Illinois Central R. R. Co. to be that of city... Treasury— Warrants on, how drawn............... Warrants on, what may contain, money to be drawn on Fines and penalties paid into, when.. All moneys collected paid into, when.. Treasurer, City— Duties of, in general............... To pay out money on warrants, when.. Shall exhibit accounts, when... Salary and fees of.. Trial— Of officers, for misdemeanors, proceedings in......... Unlawful Acts— Encouraging of, penalty for. Vacancy— In any of city offices, how proceed. Elections to fill, how held.. In office of Mayor, how proceed.... Caused by removal of officers, when." Caused by suspension of officers, filled how,. Vagrants— Punished, power of Council in... Stction. Payc. ' 25 181 26 181 27 181 28 182 29 182 30 182 30 182-3 31 183 32 183-4 33 184 34—35 184 36 185 37 185 38 186 38 186 38 186 39-40 186 40 186 41 186-7 41 187 3 88 31 108 32 108 57 112 63 113 64 113 24 107 18 72 t 96 10 7 12 8 5 32 4 128 U 8 n § 12 8 22 131 10 129 72 116 2 2 6 3 8 7 8 128 13 130 9 4 14 246 IiNDfiX, Vagrants— To be confined in work-house, when.. What persons are, penalty of........ Veto— Power of Mayor in, proceedings in.. V ELOCIPEDES— Running of, on side-walks or crossings, penalty for. Vexatious Suits— Proceedings in.......... Violations—(S ee penalties)— 1° r E S !- —(See Elections)— V OTING j v ’ Wagons— And drays, running without license penalty for..... And drays, license for, price of....... And drays, what used without license... And drays to be numbered..... Roys climbing into, penalty for.■. Wagoner— May charge what........ Shall give bond, when........ Riotous conduct of, penalty for... Refusing to carry goods, penalty for... Occupying stand,without consent of owner of,penalty for. Shall have stands designated, when, how, penalty in.... Shall keep copy of 28th Sec. of License Ord., penalty in.. Wards— Number of, created how..... Street taxes, expended in......... First, boundaries of, defined...... Second, boundaries of, defined....... Third, boundaries of, defined.. Fourth, boundaries of, defined^.. .. Fifth, boundaries of, defined.....'. ...... Sixth, boundaries of, defined...-....... Seventh, boundaries of, defined... Wardens—- Fire, who are, duties of.......... ... Same.......... Warrants— On city treasury, how drawn...... On city treasury, what must contain.i. Of cities and towns, State law on, Chap. 107. For collection of assessments for opening streets, &c., shall issue, when....... For collection of taxes, bow issued.. For collectiiig assessments for abating nuisance, how drawn.. ...... For collecting nuisance assessments, bow proceed.. For collecting nuisance assessments,collected by sale,how For payment of officers’ salaries, should not be drawn, when..... For witnesses, on trial of officers, how issued. For collection of side-walk benefits, issued how..... For collection of side-walk benefits, delivered to collector, when.... For collecting side-walk benefits, satisfied how...... For collecting assessments for opening streets, &e., how proceed...... . Stction. p8 4 17 7 1 21 24 25 26 28 71 29 27 30 31 32 33 34 5 43 1 1 2 3 4 5 6 26 9 10 12 11 5-6 23 25 26-27-28 5 12 14 15 16-17 16-17 Pagt, 15 106 7 189 143 91 92 92 92 114 92 92 92 92 92 93 93 2 135 189 189 189 189 190 130 190 81 7 7 8 53 20 26 123 124 124 128 129 158 159 159 168-9 Index. 217 Section. Page. Warrants— For collecting taxes, what contains,how drawn, form of. 18-19 179 For collecting taxes, collector to receipt for, when. 21 180 For collecting taxes, how proceed. 22 180 For collecting taxes, error in, how proceed. 26 181 For collecting taxes, return of, form of. 28 182 For collecting taxes, unsatisfied, how proceed. 30 182 For collecting taxes, after return of, how proceed. 43 188 For arrests, when may issue. 13 33 For arrests, issued when . ; . 18 41 Arresting without, proceedings in. 19 41 For arrests, affidavit for, proceedings in. 16-17 142 Water— Council to provide, power in. f5 4 12 Cours-es in city, regulation of.. ^[7 4 12 Permitted to fall on walks, penalty for. 67 114 Stagnant, a nuisance, when, proceedings in..... 8—9 119 Watchmen— Appointment of, how... 2 2 Appointment, of, power of Council in. ^26 4 14 Shall be members of police department. 1 139 Appointed bow, powers of. 3 140 Mayor may remove, when. 3 140 To take oath of office, when, shall give bond. 4 140 Weights— Council to establish........... ^[20 4 13 False, use of, penalty for.. 38 109 Witnesses— Inhabitants ef city, not incompetent for. 15 34 For voter at election, how testify. 74 45 In contested election eases, how obtained. 29 74 In trials of officers, how obtained.. 12 129 Officer to be when. 19 . 143 In suits before Police Magistrate, fees of.. 20 143 < \ ' l J • - 1 V I < \ 'l ) ' ■ ' V(- B9 ✓ * ♦ I •' * r 1 \ ( i ✓ l ■C> m i Y3 m W s//l rrtjT- > T\- j/' A : 'M i/fMl ‘ \ s V HrA m 1 f/^^% Wl L \J/r y/J (ry// \oi y* • 1 1 ^ # rWMRW|feRipNHI«|#^; -#? $C f ■ # • m : # t/ / f irs m] mi 7/ J; \lfr r 7 H\ \V \\ \IJ/Z m:m m)\\} -JL -:/ ;•• 4 >•/// -\i!r W^\ fir r=a Ate >#; f;. WW^iiiNlNft'PW 9 ■ x ^ JLj ^jLf '-. v^-- * ■fTim ". ' ^ # * * * > & 1 .*M ; ,'m # 7 # //vs \iii