THE UNIVERSITY OF ILLINOIS LIBRARY 55eOTT3 D23or tj^^- Return this book on or before the Latest Date stamped below. University of Illinois Library LAWS OF THE STATE OF ILLINOIS APPLICABLE TO THE CITY of DANVILLE AND THE Ordinances of Said City COMPILED AND ARRANGED BY O. M. JONES AND. A. A. PARTLOW PUBLISHED BY THE AUTHORITY OF THE CITY COUNCIL OF THE CITY OF DANVILLE, ILLINOIS ILLINOIS PRINTING CO., DANVILLE, IL ABSTRACT OF STATUTES OF THE STATE OF ILLINOIS APPLICABLE TO CITIES AiA. Sections and Chapters Noted, Refer to Kurd's Statute of 1909, Except as Otherwise Indicated. v:> 9672 1 6 CITIES AND VILLAGES. OF THE MAYOR. 1. Qualifications.] (Chapter 24, Sec. 14.) § 1. The chief executive officer of a city shall be a mayor, who shall be a citizen of the United States, a qualified elector, reside within the city limits, and hold his office for two years, and until his successor is elected and qualified. 2. Vacancy one year or over.] § 2. Whenever a vacancy shall happen in the office of the mayor, when the unexpired term shall be one year or over from the date when the vacancy occurs, it shall be filled by an election. 3. Vacancy less than year.] § 3. If the vacancy is less than one year, the city council shall elect one of its number to act as mayor, who shall possess all the rights and powers of the mayor until the next annual election, and until his successor is elected and qualified. 4. Mayor pro tern.] § 4. During a temporary absence or disability of the mayor, the city council shall elect one of its number to act as mayor pro tem., who, during such absence or disability,, shall possess the powers of mayor. 5. Vacancy by removal from city.] § 5. If the mayor, at any time during the term of his office, shall remove from the limits of the city, his office shall thereby iDccomc vacant. 6. Mayor to preside — casting vote.] § 6. The mayor shall preside at all meetings of the city council, but shall not vote except in case of a tie, when he shall give the casting vote. 7. May remove officers.] § 7. The mayor shall have power to remove any officer appointed by him, on any formal charge, whenever he shall be of the opinion that the interests of the city demand such removal, but he shall report the reasons for such removal to the coun- cil at a meeting to be held not less than five days nor more than ten days after such removal; and if the mayor shall fail, or refuse to file with the city clerk a statement of the reasons for such removal, or if the council by a two-thirds (§) vote of all its members authorized by law to be elected, by yeas and nays, to be entered upon its record, disapprove of such removal, such officer shall thereupon become restored to the office from which he was so removed ; but he shall give new bonds and take a new oath of office. No officer shall be removed a second tinic for the same offense. ABSTRACT OF STATUTES 8. Power to keep peace.] § 8. He may exercise within the city limits, the i)o\vers conlVrrcd iiiion sheriffs, to su]jpress disorder and keep tlie peace. 9. Release of Prisoners.] § 9. He may release any person im- l^risoncd for violation of any city ordinance, and shall report such release, with the cause thereof, to the council at its first session thereafter. 10. General duties.] § 10. He shall perfonn all such duties as are or may be prescribed by law or by the city ordinances, and shall take care that the laws and ordinances are faithfully executed. 11. Power to examine records, etc.] § 11. He shall have power at all times to examine and inspect the books, records and papers of any a,e;enl, employe or ofiicer of the city. 12. Messages to council.] § 12. The mayor shall, annually, and from time to time, gi\'e the council infonnation relati\^e to the affairs of the city, and shall recommend for their consideration such measures as he may deem expedient. 13. To call out militia, etc. — riots, etc.] § lv3. He shall have ])Ower, when necessary, to call on every male inhabitant of the city over the age of 18 years, to aid in enforcing the laws and ordinances, and to call out the militia to aid in suppressing riots and other disor- derly conduct, or carrying into effect any law or ordinance, subject to the authority of the governor as commander-in-chief of the militia. 14. Misconduct, etc. — penalty.] § 14. In case the mayor or any other municipal officer shall at any time be guilty of a palpable omission of duty, or shall willfully and corruptly be guilty of oppres- sion, malconduct or misfeasance in the discharge of the duties of his office, he shall be liable to indictment in any court of competent jurisdiction, and, on conviction, shall be fined in a sum not exceeding $1,000; and the court in which stich conviction shall be had shall enter an order removing such officer from office. 15. Revising ordinances after change of organization.] § 15. He may appoint, by and with the advice and consent of the cit}- coun- cil, immediately after such change of organization, one or more com- petent persons to prepare and submit to the city council, for their adoption or rejection, an ordinance in revision of the ordinances of such city, and for the government of such city, the compensation of such rcvisor or revisors to be detennined and fixed by the city council and paid out of the city treasury. 16. In case of strike — duty of mayor.] (Chapter 10, vSec. 24 a). " § 6a. It shall be the duty of the mayor of every city, and the presi- dent of every incorporated town or village, whenever a strike or lockout, involving more than twenty five employes, shall be threaten- ed or has actually occurred within or near such city, incorporated town or village to imnriediatelv communicate the fact to the State ABSTRACT OF STATUTES 7 Board of Arbitration, stating the name or names of the employer or em- ployers and of one or more employes, with their postoffiee addresses, the nature of the eontroversy or difference existing, the number of eiTiployes involved and such other information as may be required by the said Board. It shall be the duty of the president or chief executive officer of every labor organization, in case of a strike or lockout, actual or threatened, involving the members of the organiza- tion of which he is an officer to immediately communicate the fact of such strike or lockout to the said Board, with such information as he may possess, touching the differences or controversy, and the number of employes involved." OF THE CITY COUNCIL. 17. Council — how composed.] (Chapter 24, Sec. 29). §1. The city council shall consist of the mayor and aldennen. 18. Aldermen.] §2. The number of aldermen, when not elected by the minority representation plan, shall be as follows: In cities not exceeding 3,000 inhabitants, six aldermen; exceeding 3,000, but not exceeding 5,000, eight aldermen; exceeding 5,000 and not exceeding 10,000, ten aldermen; exceeding 10,000 and not exceeding 30,000, fourteen aldermen; and two additional aldermen for every 20,000 inhabitants, over 30,000: Provided, however, that in cities of over 350,000 inhabitants there shall be elected forty-eight alderman and no more, unless additional territory shall be annexed to such city, after such city shall have been divided into wards on the basis of forty-eight aldermen, in which case and as often as new territory shall be annexed to such city, as aforesaid, containing three or more square miles of territory or 15,000 inhabitants and not exceeding 25,000 inhabitants, such annexed territory shall constitute a ward of such city, and the city council of such city shall authorize the legal voters of such annexed territory to elect two aldermen from such ward in such annexed territory, which said aldermen in such annexed territory shall be additional to "said forty-eight aldermen, and who shall possess all the qualifications of, and be elected at the time and in the manner, provided in the said Act, of which this is an amend- ment: Provided, that if said annexed territory' shall contain more than 25,000 inhabitants, then the city council shall authorize the legal voters of such annexed territory to elect two aldennen for every 25,000 inhabitants thereof, and two additional aldermen for every fraction of 15,000 inhabitants or more. The number of inhabitants to be detennined by the last preceding national. State or school census of such annexed territory. And if any such annexed territory has less than 15,000 inhabitants, and less than three square miles in extent, then the city council shall annex it to any ward or wards which it adjoins: Provided, Jurther, that when the number of aldermen in an}" such city shall reach seventy by reason of such annexed terri- ABSTRACT OF STATUTES tory, the city council shall redistrict said city into thirty-five new- wards and no more; and when said number of aldermen shall reach seventy, if any new territory is thereafter annexed which shall contain 25,000 inhabitants, or more, as determined by the last preceding national, State, school or other census authorized by law to be taken, then said city council shall redistrict said city into thirty-five wards; Provided Juriher, that w^henever, after such new territory shall have been annexed, as aforesaid, said city shall be redistrictcd, the number of wards at the time said city is redistrictcd, shall be preserved, and the city council thereof ma3^ in its discretion, change the boundary between such new ward and the original territory of the city, and make said new ward larger or smaller, to comply with the require- ments of said Act as to compactness and cquaHty of inhabitants: And, provided, further, if it shall appear from any census heretofore or hereafter taken, that any city has the requisite number of inhabit- ants to authorize it to increase the number of aldermen, it shall be the duty of the city council thereof to proceed without delay and re- district such city in accordance with the provisions hereof, and to call and hold its next city election in accordance with such new redistrict- ing: Provided, that at such election, the aldermen who hold over shall be considered aldermen of the new wards respectively in which their residence shall be, unless there shall be two or more aldermen who hold over in the same ward under tliis proviso, then, in such case, it shall be determined by lot in presence of the city council, in such manner as they shall direct, which alderman shall hold over for such ward. 19. Term of office.] § 3. Aldermen shall hold their office for the term of two years, and until their successors are elected and qualified. 20. Vacancy.] § 4. If any vacancy shall occur in the office of alderman by death, resignation, removal or otherwise, such vacancy shall be filled by election. 21. Qualifications.] § 5. No person shall be eligible to the office of aldei-man unless he shall be a qualified elector, and reside within the ward for which he is elected, nor shall he be eligible if he is in arrears in the pa^mient of any tax or other liability due to the city ; nor shall he be directly or indirectly interested in any con- tract whatever to which the city is a party ; nor shall be he eligible if he shall have been convicted of malfeasance, bribery or other corrupt practices or crimes; nor shall he be eligible to any office, the salary of which is payable out of the city treasury, if at the time of his appointment he shall be a member of the city council ; nor shall any member of the city council at the same time hold any other office under the city government ; nor shall he be either directly or indirect- ly, individually, or as a member of a fimi, engaged in any business transaction (other than official) with such city, through its mayor or ABSTRACT OF STATUTES any of its authorized boards, agents or attorneys, whereby any money is to be paid, directly or indirectly, out of the city treasury to such member or firms. 22. Council judge of its members.] § 6. The city council shall be judge of the election and qualification of its own members. 23. Rules — expulsion — bribery.] §7. It shall determine its own rules of proceeding, punish its members for disorderly conduct, and with the concurrence of two-thirds of the aldermen elect, may expel a member ; but not a second time for the same offense : Provided, that any alderman or councilman who shall have been convicted of bribery shall thereb}' be deemed to have vacated his office. 24. Quorum — compelling attendance.] § 8. A majority of the aldermen elect shall constitute a quorum to do business, but a smaller number may adjourn from time to time, and may compel the attend- ance of absentees, under such penalties as may be prescribed by ordinance. 25. Meetings.] § 9. The city council may prescribe, 1:)y ordi- nance, the times and places of the meeting thereof, and the manner in which special meetings thereof may be called. 26. Chairman pro tem.] § 10. It may elect a temporary chair- man in the absence of the mayor. 27. Open doors.] §11. It shall sit with open doors. 28. Journal.] § 12. It shall keep a journal of its own p'rocced- ings. 29. Yeas and nays — record — vote required.] § 13. The yeas and nays shall be taken upon the passage of all ordinances, and on all propositions to create any liability against the city, or for the expen- diture or appropriation of its money, and in all other cases at the request of any member, which shall be entered on the journal of its proceedings; and the concurrence of a majority of all the members elected in the city council shall be necessary to the passage of any such ordinance or proposition: Provided, it shall require two-thirds of all the aldermen elect to sell any city or school property. 30. Not to rescind vote at special meeting, unless, etc.] § 14. No vote of the city council shall be reconsidered or rescinded at a special meeting, unless at such special meeting there be present as large a number of aldenncn as were present when such vote was taken. 31. When report laid over.] § 15. Any report of a committee of the council shall be deferred, for final action thereon, to the next regular meeting of the same after the report is made, upon the request of any two aldermen present. 32. Territorial jurisdiction.] § 16. The city council and board of trustees shall also ha\^e jurisdiction in and over all places within one-half mile of the city or village limits, for the purpose of enforcing health and quarantine ordinances and regulations thereof. 10 ABSTRACT OF STATUTES 33. Special meeting.] § 17. The mayor or any three aldermen ma_\- c-all sjieeial meeting's of the eity eouneil. 34. Ordinances approval — veto. J § 18. All ordinances passed by the eity eouneil shall, before they take effect, be deposited in the office of the city clerk; and if the ma3'^or approves thereof, he shall sign the same, and such as he shall not approve he shall return to the council, with his objections thereto, in writing, at the next regular meeting of the council occurring not less than five days after the passage thereof. Such veto may extend to any one or more items or appropriations contained in any ordinance or to the entire ordi- nance; and in case the veto only extends to a part of such ordinance, the residue thereof shall take effect and be in force. But in ease the inayor shall fail to return any ordinance, with his objections thereto, by the time aforesaid, he shall be deemed to have approv^ed such ordi- nance, and the same shall take eflPect accordingly. 35. Reconsideration — passing over veto.] § 19. Upon the re- turn of an_\' ordinance by the mayor, the vote by which the same was passed shall be reconsidered by the council; and if, after such recon- sideration, two-thirds of all the members elected to the city council shall agree, by yeas and nays, to pass the same, it shall go into effect, notwithstanding the mayor may refuse to approve thereof. The vote to, pass the same over the mayor's veto shall be taken by yeas and nays, and entered on the journal. ELECTIONS. 36. Australian Ballot.] The Australian ballot law will be found in Kurd's Statutes of 1909, Chapter 46, pages 982 to 993, Sections 288 to 323. For amendments thereto see Session Laws of 1911, page 310. 37. Election Commissioners.] The law governing the conducting of elections h\ the Election Commissioners will be found in Kurd's Statutes of 1909, Chapter 46, pages 941 to 982, Sections 155 to 287 (a). For amendments thereto see Session Laws of 1911, page 313. 38. Primary Elections.] The law governing Primary Elections will be found in Kurd's Statutes of 1909, Chapter 46, pages 1004 to 1026, Sections 452 to 531. 39. Annual Election.] (Chapter 24, Sec. 48.) § 1. A general election for city officers shall be held on the third Tuesday of April, of each year: Provided, That in cities which include wholly within their corporate limits a town or towns, such elections shall be held on the first Tuesday of April. 40. Election of mayor, etc.] § 2. At the general election held in 1877, and biennially thereafter, a mayor, a city clerk, a city attorney, and a eity treasurer shall be elected in each city : Provided, that no person shall be elected to the office of city treasurer for two tenns in succession. ABSTRACT OF STATUTES 11 41. Who entitled to vote.] § 3. All persons entitled to vote at anv general election for State officers within any city or village, having resided therein thirty days next preceding thereto, ir.ay \^ote at any election for city or village officers. 42. Wards.] § 4. The city council of any city in this State, whether organized tuider this Act or under any special law of this State, may, from time to time, divide the city into one-half as many wards as the total number of aldennen to which the city is entitled ; and one alderman, shall, annually, be elected in and for each ward, to hold his office for two years, and until his successor is elected and qualified. In the formation of wards the population of each shall be as nearly equal, and the ward shall be of as compact and contiguous territory as practicable. 43. Aldermen at first election — classified.] § 5. At the first election under this Act, there shall be elected the full number of aldemien to which the city shall be entitled. At the first meeting of the city council after such election, the aldermen elected shall be divided, by lot, into two classes : Those of the first class shall continue in office for one year, and those of the second for two years. And upon, any increase of the number of aldermen, at their first election, one-half shall be elected for one ^^ear, and one-half for two years. 44. Minority representation.] § 6. Whenever this Act shall be submitted lo the qualified electors of any city for adoption, there shall be submitted at the same time for adoption, or rejection, the question of minority representation in the city council or legislative authority of such city. At the said election the ballot shall be in the following form: "For minority representation in the city council," or "against minority representation in the city council," and at any subsequent time on petition of the legal voters equal in numiber to one-eighth the number of legal votes cast at the next preceding general city election, the city council shall cause the question of minority representation to be submitted to the legal voters of said city, and the ballots shall be in form, as provided in this section: Provided, that no such question of representation shall be submitted more than once in every two years. The judges of such election shall make returns thereof to the city council, whose duty it shall be to canvass such returns, and to cause the result of such canvass to be entered on the records of such city. If a majority of the votes cast at such election shall be for equal representation in the city council, then the members of the city council, or legislative authority of such city, shall be thereafter elected in the following manner: The council or legis- lative authority of such city, at least one month before the general election in the year in which this Act shall take effect in such city, shall apportion such city by dividing the population thereof, as ascertained by the last Pt-deral census, by any number not less than two, nor more than six, and the quotient shall be the ratio of rcioresentation in the 12 ABSTRACT OF STATLTKS city council. Districts shall be formed of contiguous and compact territory, and contain as near as practicable, an equal number of inhabitants: And, provided, further, that where said council or legislative authority of such city have not fixed a ratio of representa- tion and fonned the districts or wards, at the time above s];ecificd, the same may be done by any subsequent board of alderm.en ; but all official acts heretofore done, and ordinances heretofore passed by any board of aldermen elected at large by the legal electors of any such city on the minority representation plan, shall be held and taken by all courts in this State to be of as mtich validity and binding force as if they had been elected from wards or districts. After any city shall have ado]3ted minority representation as provided in this Act, then at any subsequent timic on petition of the legal votes in number to one-eighth the number of legal votes cast at the next preceding general city election, the city council shall cause the question of minority representation to be submitted to the legal voters of said city, and the ballot shall be in form as provided in this section : Provided, that no such question of representation shall be submitted more than once in every two years. If a majority of the votes cast at such election shall be "against minority representation in the city council" the aldennen of such city shall be elected as otherwise provided for in this Act. 45. Aldermen under minority plan.] § 7. Every such district shall be entitled to three aldermen, who shall hold their office for two years, and until their successors shall be elected and qualified. At the first general election for mayor, after the passage of this Act, and every two years thereafter, there shall be elected in each ward as many aldermen as such ward shall be entitled to: Provided, that aldermen elected under this Act, in wards wherein aldenr.en were elected for two years at the last previous annual election, shall not take their seats as such until the tenns of the aldennen last aforesaid shall expire. Vacancies shall be filled at an election to he held by the voters of the district in which such vacancies shall occur, at the time to be designated by the city council. In all elections for aldermen aforesaid, each qualified voter may cast as many votes as there are aldermen to be elected in his district, or may distribute the same or equal parts thereof, among the candidates, as he shall see fit, and the candidate highest in votes shall be declared elected. 46. Aldermen minority plan — council may classify.] (Chapter 24, Sec. 92.) § 1. That in all cities having adopted, or that may hereafter adopt, the minority representation plan for the election of aldermen, it shall be lawful for the city council to provide by ordinance that at any ensuing general city election the aldenr.en in every alternate district or ward shall be elected for one year, and at the general city election in the following year, and ex'cry two years thereafter, aMermcn in such alternate districts or wards shall be ABSTRACT OF STATUTES 13 elected for two years; and that at such first election and every two years thereafter aldermen in the other districts or wards shall be elected for two years. 47. Aldermen when minority plan not adopted.] § 8. If a majority of the ^'otes cast at such election shall be "Against minority representation in the city council," the preceding section shall be null and void, so far as it relates to such city at such election, and the aldennen of such city shall be elected as otherwise provided for in this Act. 48. Result — tie.] § 11- The person having the highest number of votes, for any office, shall be declared elected. In case of a tie in the election of any city or village officer, it shall be determined by lot, in presence of the city council or board of trustees, in such manner as thc}^ shall direct, which candidate or candidates shall hold the office. 49. Notice to persons elected or appointed.] § 12. It shall be the duty of the village or city clerk, within five days after the result of the election is declared or appointment made, to notify all persons elected or appointed to office of their election or appointment, and unless such persona shall respectively qualify in ten days after such notice, the office shall become vacant. 50. When no quorum in office — special election.] § 13. If, for any cause, there shall not be a quorum in office of the city council or board of trustees, the inayor, clerk, or any alderman or trustee, as the case may be, may appoint the time and place for holding a special election to supply such vacancy and give notice and appoint the judges thereof. 51. Special elections.] § 14. If there is a failure to elect any officer herein required to be elected, or the person elected should fail to qualify, the city council or board of trustees may forthwith order a new election therefor; and in all cases, when necessary for the pur- poses of this Act, may call special elections, appoint judges and clerks thereof, canvass the returns thereof, and provide by ordinance for the mode of conducting the same; and shall give notice of such special elections, in which shall be stated the questions to be voted upon, and cause such notices to be published or posted for the same length of time and in the same manner as is required in the case of regular annual elections in such cities or villages. OF THE POWERS OF THE CITY COUNCIL. (Chapter 24, Sec. 62.) 52. § 1. The city council in cities, and president and the board of trustees in villages, shall have the following powers: First — To control the finances and property of the corporation. Second — To appropriate money for corporate purposes only, and provide for payment of debts and expenses of the corporation. 14 ABSTRACT OF STATUTES Third — To levy and collect taxes for j^eneral and special ]jurposcs on real and personal property. Fourth —To fix the amount, tcnns and manner of issuing and revoking licenses. Fifth- - To borrow money on the credit of the corporation for cor- porate purposes, and issue bonds therefor, in such amounts and form, and on such conditions as it shall prescribe, but shall not become indebted in any manner or for any purpose to an amount, including existing indebtedness, in the aggregate to exceed five (5) per centum on the value of the taxable property therein, to be ascertained by the last assessment for the State and county taxes previous to the incur- ring of such indebtedness ; and before or at the time of incurring any indebtedness, shall provide for the collection of a direct annual tax sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal thereof within twenty years after contracting the same. Sixth — To issue bonds in place of or to supply means to meet maturing bonds, or for the consolidation or funding of the same. Seventh — To lay out, to establish, open, alter, widen, extend, grade, pave or otherwise improve streets, alleys, avenues, sidewalks, wharves, parks and public grounds, and vacate the same. Eighth — To plant trees upon the same. Ninth — To regulate the use of the same. Tenth — To prevent and remove encroachments or obstructions upon the same. Eleventh — To provide for the lighting of the same. Twelfth — To provide for the cleansing of the same. Thirteenth — To regulate the openings therein for the laying of gas or water mains and pipes, and the building and repairing of sewers, tunnels and drains, and erecting gas lights: Provided, how- ever, that any company heretofore organized under the general laws of this State, or any association of persons organized, or which may be hereafter organized for the purpose of manufacturing illuminating gas to supply cities or villages, or the inhabitants thereof, with the same, shall have the right, by consent of the common council (subject to existing rights), to erect gas factories, and lay dow^n pipes in the streets or alleys of any cit\' or \-illage in this State, subject to such regulations as anv such citv or village may bv ordinance impose (178 111., 299; 180 'ill., 235; 186 111., 326; 127 Fed. Rep., 73). Fou;v-v.nth — To regulate the use of sidewalks and all structures t!>:i:;:atuer; and to require the owner or occupant of any premises to r.. .': V. sidewalks in front of, or along the same, free from snow ■.tmctions. ABSTRACT OF STATUTES I5 Fifteenth-- To regulate and prevent the throwing or depositing of ashes, offal, dirt, garbage, or any offensive matter in, and to prevent mjury to any street, avenue, alley or public ground. Sixteenth— To provide for and regulate crosswalks, curbs and gutters. Seventeenth— To regulate and prevent the use of streets, sidewalks and pubhc grounds for signs, sign posts, awnings, awning posts tiseSt ^™''^^'' '''''^''' ^''''^'"" ^""'''^ ''^"'^ ^"^ ^^^^^- Eighteenth—To regulate and prohibit the exhibition or carrvintr 01 banners, placards, advertisements or hand bills in the streets or ])ublic grounds, or upon the sidewalks. Nineteenth— To regulate and prevent the flying of flags, banners or signs across the streets or from houses. LJctiuiers Twenty-first-To regulate the speed of horses and other animals vehicles, cars and locomotives within the limits of the corporation ' Twenty-second— To regulate the numbering of houses and lots Twenty-third-To name and change the name of anv street, avenue. alley or other pubhc place. " ' Twenty-fourth-To peniiit, regulate or prohibit the locatin- constructing or laying a track of any horse railroad in anv stree?' aney or public place; but such permission shall not be for a onger time than twenty years. ^v^ns^i Twenty-fifth— To provide for and change the location, grade and crossings of any railroad. '^ Twenty-sixth— To require railroad companies to fence their respec- tive railroads, or any portion of the same, and to construct cattle guards, crossings o streets and public roads, and keep th^ same in repair, withm the limits of the corporation. In case anv rXoad lSSFe7ZT^ '"^ '^r^P^^ ^''""^^y ^-^h ordmancriLh^'be hable for all damages the owner of any cattle or horses or other do- mestic animal may sustain by reason of injuries thereto while on the track of such railroad, in like manner and extent as under the genera! e^ove tcb^'^'"' ''^"'"" 'V^^ '^"^"^^^ °^ ^^^^™-ds; and actions to recover such damages may be instituted before anv lusticc of the l^eace or other court of competent jurisdiction Twenty-seventh-To require railroad companies to keep flagmen at railroad crossings of streets, and provide protection against in un- to persons and property m the use of such railroads. To compel suJh rai roads to raise or lower their railroad tracks to confonu to any grade which may, at any time, be established by .such citv, and where such tracks run lengthwise of any such street allev or highwaT to keep 15 ABSTRACT OF STATUTES their railroad tracks on a level with the street surface, and so that such tracks may be crossed at any place on such street, alley or high- way. To compel and require railroad companies to make and keep open and to keep in repair ditches, drains, sewers and culverts along and under their railroad tracks so that filthy or stagnant pools of water can not stand on their grounds or right of way, and so that the natural drainage of adjacent property shall not be impeded. Twenty-eighth— To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof. Twenty-ninth"To constrvict and keep in repair culverts, drains, sewers and cess pools and to regulate the use thereof. Thirtieth— To deepen, widen, dock, cover, wall, alter or change channel of water co\u-ses. Thirty- first— To construct and keep in re])air. canals and sHps for the accommodation of commerce. Thirty-second— To erect and keep in repair public landing i^laces, wharves, docks and levees. Thirty-third— To regulate and control the use of public and private landing places, wharves, docks and levees. Thirty-fourth— To control and regulate the anchorage, moorage and landing of all water craft and their cargoes within the jurisdiction of the corporation. Thirty-fifth — To license, regulate and prohibit wharf-boats, tugs and other boats used about the harbor, or within such jurisdiction. Thirty-sixth— To fix the rate of wharfage and dockage. ' Thirty-seventh— To collect wharfage and dockage from all boats, rafts or other craft landing at or using any public landmg place, wharf, dock or levee within the limits of the corporation. Thirty-eighth— To make regulations in regard to use of harbors, towing of vessels, opening and passing of bridges. Thirty-ninth— To appoint harbor masters and define their duties. Fortieth— To provide for the cleansing and purification of waters, water-courses and canals, and the draining or filling of ponds on l^rivate property, whenever necessary to prevent or abate nuisances. Forty-first— To license, tax, regulate, suppress and prohibit hawk- ers peddlers, pawn brokers, keepers of ordinaries, theatncals and other exhibitions, shows and amusements, and to revoke such hcense at pleasure. Forty-second— To license, tax and regulate hackmen, draymen, omnibus drivers, carters, cabmen, porters, expressmen, and all others pursuing Hke occupations, and to prescribe their compensation (199 111., 484; 103 111., App. 290). Forty-third— To license, regulate, tax and restrain runners tor stages, cars, public houses, or other things or persons. ABSTRACT OF STATUTES 17 Forty-fourth — To license, rc<^iilate, tax or prohil^it and suppress billiard, bagatelle, pigeon-hole or any other tables or implements kept or used for a similar purpose in any place of public resort, pin alleys and ball alleys. Forty-fifth — To stippress bawdy and disorderly houses, houses of ill-fame or assignation, within the limits of the city, and within three miles of the outer botmdaries of the city ; and also to suppress gaming and gambling houses, lotteries and all fraudulent devices and practices for the purpose of gaining or obtaining money or property; and to prohibit the sale or exhibition of obscene or immoral publications, prints, pictures, or illustrations. Forty-sixth — To license, regulate and prohibit the selling or giving away of any intoxicating, inalt, vinous, mixed or fermented liquor, the license not to extend beyond the municipal year in which it shall be granted, and to determine the amount to be paid for such license : Provided, that the city council in cities, or president and board of trustees in villages, may grant permits to druggists for the sale of liquors for medicinal, niechanical, sacramental and chemical purposes only, subject to forfeiture, and under such restrictions and regulations as may be provided by ordinance : Provided, further, that in granting licenses, such corporate authorities shall comply with whatever general law of the State may be in force relative to the granting of licenses.. Forty-seventh — The foregoing shall not be construed to affect the ]jro visions of the charter of any literary institution heretofore granted. Forty-eighth — And the city council in cities, and president -and board of trustees in villages, shall also have the power to forbid and punish the selling or giving away of any intoxicating, inalt, vinous, mixed or fennented liquor to any minor, apprentice or servant or insane, idiotic or distracted person, habitual drunkard, or person intoxicated. Forty-ninth — To establish markets and market -houses, and provide for the regulation and use thereof. Fiftieth — To regulate the sale of meats, poultry, fish, butter, cheese, lard, vegetables, and all other provisions, and to provide for place and manner of selling the same. Fifty-first — To prevent and punish forestalling and regrating. Fifty-second — To regulate the sale of bread in the city or village; prescribe the weight and quality of the bread in the loaf. Fifty-third — To provide for and regulate the inspection of meats, poultry, fish, butter, cheese, lard, vegetables, cotton, tobacco, flour, meal and other provisions. Fifty-fourth — To regulate the inspection, weighing and measuring of brick, lumber, fire-wood, coal, hay and any article of merchandise. Fifty-fifth — To provide for the inspection and scaling of weights and measures. 18 ABSTRACT OF STATUTES Fifty-sixth- To enforce the keepinjj; and use of ]jro])er weiji;hts and measures by vendors. Fifty-seventh— To rejj;ulatc the construction, repairs and use of vaults, cisterns, areas, hydrants, pumps, sewers and gutters. Fifty-eighth — To regulate places of amusement. Fifty-ninth — To prevent intoxication, fighting, quarreling, dog fights, cock fights, and all disorderly conduct. Sixtieth — To regulate partition fences and party walls. Sixty- first — To prescribe the thickness, strength, and manner of constrtxcting stone, brick and other buildings, and construction of fire escapes therein. Sixty-second — The city council, and the president and trustees in villages, for the purpose of guarding against the calamities of fire, shall have power to prescribe the limits within which wooden build- ings shall not be erected or placed, or repaired, without pennission, and to direct that all and any buildings, within the fire limits, when the same shall have been damaged by fire, decay or otherwise, to the extent of fifty per cent, of the value, shall be torn down or removed, and to prescribe the manner of ascertaining such dainage. Sixty-third — To prevent the dangerous construction and condition of chimneys, fire places, hearths, stoves, stove-pipes, ovens, boilers and apparatus used in and about any building and manufactory, and to cause the same to be removed or placed in a safe condition, when considered dangerous; to regulate and prevent the carrying on of manufactories dangerous in causing and promoting fires; to prevent the deposit of ashes in unsafe places, and to cause all such buildings and enclosures as may be in a dangerous state to be put in a safe con- dition. Sixty-fourth — To erect engine houses, and pro^dde fire engines, hose carts, hooks and ladders, and other iinplements for prevention and extinguishinent of fires, and provide for the use and management of the same by voluntary fire companies, or otherwise. Sixty-fifth. — To regulate and prevent storage of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, hemp, cotton, nitro-glycer- ine, petroleum, or any of the products thereof, and other combustible or explosive material, and the use of lights in stables, shops and other places, and the building of bonfires; also to regulate, restrain and prohibit the use of fireworks, fire-crackers, torpedoes, Roman candles, sky-rockets and other pyrotechnic displays. Sixty-sixth — To regulate the police of the city or village, and pass and enforce all necessary police ordinances. Sixty-seventh — To provide for the inspection of steam boilers. Sixty-eighth — To prescribe the duties and powers of a superin- tendent of police, i^olicemen and watchmen. ABSTRACT OF STATUTES 19 Sixty-ninth — To establish and erect calabooses, bridewells, houses of correction and workhouses for the reformation and confinement of vagrants, idle and disorderly persons, and persons convicted of violat- ing any city or village ordinance, and make rules and regulations for the government of the same, and appoint necessary keepers and assistants. Seventieth — To use the county jail for the confinement or punish- ment of offenders, subject to such conditions as are imposed by law, and with the consent of the county board. Seventy-first — To provide by ordinance in regard to the relation between all the officers and employes of the corporation in respect to each other, the corporation and the people. Seventy-second — To prevent and suppress riots, routs, affrays, noises, disturbances, disorderly assemblies in any public or private place. Seventy- third — To prohibit and punish cruelty to animals. Seventy-fourth — To restrain and punish vagrants, mendicants and prostitutes. Seventy-fifth — To declare what shall be a nuisance, and to abate the same; and to impose fines upon parties who may create, continue or suffer nuisances to exist. Seventy-sixth — To appoint a board of health, and prescribe its powers and duties. Seventy-seventh — To erect and establish hospitals and medical dispensaries, and to regulate hospitals, medical dispensaries, sana- totia and undertaking establishments, and to direct the location thereof. Seventy-eighth — To do all acts, make all regulations which may be necessary or expedient for the promotion of health or the suppres- sion of disease. Seventy-ninth — To establish and regulate cemeteries within or without the corporation, and acquire lands therefor, by purchase or otherwise, and cause cemeteries to be reinoved, and prohibit their establishment within one mile of the corporation. Eightieth — To regulate, restrain and prohibit the nmning at large of horses, cattle, swine, sheep, goats, geese and dogs, and to impose a tax on dogs. Eighty-first — To direct the location and regulate the management and construction of packing houses, renderies, tallow chandleries, bone factories, soap factories and tanneries, within the limits of the city or village, and within the distance of one mile without the city or village limits. Eighty-second — To direct the location and regulate the use and construction of breweries, distilleries, livery, boarding or sale stables. 20 ABSTRAtT OF STATUTES blacksmith shops, foundries, machine shops, garages, laundries and bathing beaches, within the limits of the city or village. Eighty-third — To prohibit any offensive or unwholesome business or establishment within or within one mile of the limits of the cor- l)oration. Eighty-fourth — To compel the owner of any grocery, cellar, soa]:) or tallow chandlery, tannery, stable, pig-sty, privy, sewer or other unwholesome or nauseous house or place, to cleanse, abate or remove the same, and to regulate the location thereof. Eighty- fifth — The city council or trustees of a village shall have ]:)Ower to provide for the taking of the city or village census; but no city or village census shall be taken by authority of the council or trustees oftener than once in three years. Eighty-sixth — To provide for the erection and care of all jjublic buildings necessar}^ for the use of the city or village. Eighty-seventh — To estabhsh ferries, toll bridges and license, and regulate the same, and from time to time fix tolls thereon. Eighty-eighth — To authorize the construction of mills, mill-races and feeders on, through or across the streets of the city or village, at such places and under such restrictions as they shall deem proper. Eighty-ninth — The city council shall have power, b}^ condemnation or otherwise, to extend any street, alley or highwa^^ over or across, or to construct any sewer under or through an}* railroad track, right of way, or land of any railroad company (within the corporate limits) ; but where no compensation is made to such railroad company, the city shall restore such railroad track, right of way or land to its former state, or in a sufficient manner not to have impaired its usefulness. Ninetieth — The cit}- council or board of trustees shall have no power to grant the use of or right to lay down an}^ railroad tracks in any street of the city to any steam, dtimmy, electric, cable, horse or other railroad company, whether the same shall be incorporated under any general or special law of the State, now or hereafter in force, except tipon the petition of the owners of the land represent- ing more than one-half of the frontage of the street, or so much thereof as is sought to be used for railroad purposes, and when the street or part thereof sought to be used shall be more than one mile in extent, no petition of land owners shall be valid unless the same shall be signed by the owners of the land representing more than one-half of the frontage of each mile and of the fraction of a mile if any in excess of the whole miles measuring from the initial point named in such petition, of such street or of the part thereof sought to be used for railroad purj^oses. Location of road — consent — notice — damages.] § 3. No such ■com])any shall have the right to locate or construct its road upon or along any street or alley, or over any public ground in an\^ incorpor- ABSTRACT OF STATUTES ' 21 ated cit}', town or village, without the consent of the corporate authorities of such city, town or village nor upon or along any road or highway, or upon any public ground without any incorporated" city, town or village, except upon the consent of the county board. Such consent may be granted for an}^ period, not longer than twenty years, on the petition of the company, upon such terms and condi- tions, not inconsistent with the provisions of this Act, as such corpor- ate authorities or county board, as the case may be, shall deem for the best interests of the public: Provided, no such consent shall be granted unless at least ten days' public notice of the time and place of presenting such petition shall have first been given by publication in some newspaper published in the city or county where such road is to be constructed, and except upon the condition that the company wnll pay all damages to owners of property abutting upon the street, alley, road, highway, or public ground upon or over which such road is to be constructed, which they may sustain by reason of the location or construction of the road; the same to be ascertained and paid in the manner provided by law for the -exercise of the right of eminent do- main. Control of streets reserved — police power.] ^ 4. Every grant to any such company of a right to use any street, alley, road, highway or public ground shall be subject to the right of the proper authorities to control the use, improvement and repair of such street, alley, road, highway or public grotmd, to the same extent as if no such grant had been made, and to make all necessary police regulations concerning- the management and operation of such railroad, whether such right is reserved in the grant or not. Ninety-first — To tax, license and regulate auctioneers, distillers, brewers, Itunber yards, livery stables, ])ublic scales, money changers and brokers. Ninety-second — To prevent and regulate the rolling of hoops, playing of ball, fl}'ing of kites, or any other amusement or practice having a tendency to annoy persons passing in the streets or on the sidewalks, or to frighten teams and horses. Ninety-third — To regulate and prohibit the keeping of any lumber yard or coal yard and the placing or jjiling or selling any lumber, tim- ber, wood or other combustible material within the fire limits of the city. Ninety-fourth — To jjrovide by ordinance that all the paper, print- ing, stationery, blanks, fuel, and all the supplies needed for the use of the city, shall be furnished by contract let to the lowest bidder. Ninety-fifth — To tax, license and regulate second hand and junk stores and yards, and to forbid their purchasing or receiving from minors, without the written consent of their parents or guardians, anv article whatsoever, and to direct the location thereof. 22 AHSTRACT OF STATUTES Ninety-sixth To (.lirccl, license and control all wagons and other vehicles conveyinj^ loads within the city, or any particular class of such wagons, and other \-ehiclcs, and prescribe the width and tire of the same, the license fee when collected to be kept as a separate fund and used only for paying the cost and expense of street and alley improvement or repair. Ninety-seventh — To acquire in the manner now or hereafter pro- \-ided by law for the taking of private property for public use, private lands l)ordering upon public or navigable waters, useful, desirable or adN^antagcous for bathing beaches and recreation piers. Ninety-eighth — To pass all ordinances, rules, and make all regula- tions, proper or necessary, to carry into effect the powers granted to cities or villages, with such fines or penalties as the city council or board of trustees shall deem proper: Provided, no fine or penalty shall exceed $200.00, and no imprisonment shall exceed six months for one offense (78 111., 405-548; 79 III.. 500). 53. To license — itinerant merchants, etc.] (Chapter 24, Sec. 62 a.) § 1 . That the city council in cities, and the president and board of trustees in villages and incorporated towns, shall have poAver to license, tax, regulate, suppress or ])rohibit itinerant merchants and transient vendors of merchandise. 54. Style of ordinances.] § 2. The style of the ordinances in cities shall be: "Be it ordained by the Cit}^ Council of " 55. Publication of ordinances- when take effect.] § 3. All or- dinances of cities and \-illages imposing any fine, penalty, imprison- ment, or forfeiture, or making any appropriation, shall, within one month after they are passed, be published at least once in a newspaper published in the city or village, or, if no such newspaper is published therein, by posting copies of the same in three public places in the city or village ; and no such ordinance shall take effect until ten days after it is so published. And all other ordinances, orders and resolutions shall take effect from and after their passage, unless otherwise provi- ded therein. 56. Proof of ordinances.] § 4. All ordinances, and the date of ]jubli cation thereof, may be proven by the certificate of the clerk, under the seal of the corporation. And when printed in book or pamphlet form, and purporting to be pubHshed by authority of the board of trustees or city council, the same need not be otherwise published; and such book or pamphlet shall be received as evidence of the ]jassage and legal publication of such ordinances, as of the dates mentioned in such book or ]:iam]3hlet, in all courts and ]3laccs without further j^roof. 57. Suits for violating ordinances.] § 5. All actions brought to recover any fine, or to enforce any penalty, under any ordinance of any city or village in this state, shall be brought in the corporate name of ABSTRACT OF STATUTES 23 the city or village as plaintiff; and no prosecution, recovery or acquit- tal, for the violation of any such ordinance, shall constitute a defense to any other prosecution of the same party for any other violation of any such ordinance, although the different causes of action existed at the same time, and, if united, would not have exceeded the jurisdic- tion of the court or magistrate. 58. Fines and licenses — paid to treasurer.] § 6. All fines and forfeitures for the violation of ordinances, when collected, and all moneys collected for licenses or otherwise, shall be paid into the treasury of the corporation, at such times and in such manner as may be prescribed by ordinance. 59. Arrest — imprisonment — workhouse.] § 7. That in all ac- tions for the violation of any ordinance of any city or village organized under any general or special law of this State, the first process shall be a summons: Provided, hoivever, that a warrant for the arrest of the offender may issue in the first instance, upon the affidavit of any person that any such ordinance has been violated, and that the person making the complaint has reasonable grounds to believe the party charged is guilty thereof; and any person arrested upon such warrant, shall, without unnecessary delay, be taken before the proper officer, to be tried for the alleged offense. Any person upon whom any fine or penalty shall be imposed may upon the order of the court or magistrate before whom the conviction is had, be committed to. the county jail or the calaboose, city prison, work house, house of correc- tion, or other place provided by such cities or villages by ordinance for the incarceration of such offenders until such fine, penalty and cost shall be fully paid: Provided, that no such imprisonment shall exceed six months for any one offense. The city council or board of trustees of any such cities or villages shall have power to provide by ordinance that every person so committed shall be required to work at such labor as his or her strength will permit, within and without such prison, work house, house of correction, or other place provided for the incarceration of such offenders, not to exceed ten hours each working day ; and for such work the person so employed, or worked, shall be allowed, exclusive of his or her board, the sum of fifty cents for each day's work on account of such fine and costs. (Also vSee Chapter 24," Sec. 299). 60. Jurisdiction of Justices, etc.] § 8. Any and all justices of the peace and police magistrates shall have jurisdiction in all cases arising under the provisions of this Act, or any ordinance passed in pursuance thereof. 61. Constable or sheriff may serve process, etc.] § 9. Any constable or sheriff of the county may serve process, or make any arrest authorized to be made by any city officer. 62. Jurisdiction over waters — street labor.] § 10. The city or village government shall have jurisdiction upon all waters within or 24 ABSTRACT OF STATUTES bordering upon the same to the extent of three miles beyond the Hmits of the city or village, but not to exceed the limits of the State; and may, by ordinance, require every able-bodied male inhabitant of such cit>' or village, above the age of twenty-one years and under the age of fifty years (excepting paupers, idiots, lunatics and such others as are exempt b\' law), to labor on the streets and alleys of such city or village, not more than two (2) days in each year, but such ordinance shall provide for commutation of such labor at seventv-five cents per day. (See Sec. 289, Chapter 24 Kurd's Statutes, 1909.) ADDITIONAL POWERS. 63. Bill boards — licensing.] (Chapter 24, Sec. 696.) That the city council in cities and the president and board of trustees in villages and incori^orated towns shall have the power to license street adver- tising by means of bill boards, sign boards and signs, and to regulate the character and control the location of such bill boards, sign boards and signs upon vacant property and upon buildings. 64. Sales of Merchandise by Weight.] (Chapter 147, Sec. 16.) That the city council in cities, and the president and board of trustees in villages and incorporated towns, shall have power to require all grain, flour, meal, hay, feed, seeds, fruit, nuts, vegetables and non- liquid vegetable products, meats and non-liquid animal products, fish, butter, cheese and other similar dairy products, dry groceries and all other similar articles of merchandise, or any particular class or classes of such merchandise, in the absence of a contract or agreement in writing to the contrary, to be sold by standard avoirdupois weight or by numerical count. 65. Jurisdiction to enforce ordinances on boats.] (Chapter 24, Sec. 244.) § 1. That cities and towns on an\- ri\-cr within or on the borders of this State shall have the right to extend and enforce their ordinances so as to include any boat or other floating structure, which shall be kept within two miles of the city or town limits, as a place for drinking spirituous liquors, or for gaming, or for the purposes of prostitution: Provided, no authority shall be given by this law, laeyond what the law now authorizes, to interfere with any steamer or other boat, the usual business of which is the carrying of freight or passengers. 66. Licensing of houses ot ill-fame prohibited.] (Chapter 24, Sec. 245.) § 1. That it shall be unlawful for the corporate authori- ties of any city, town or village in this State to grant a license to any person, male or female, to keep what is known as a house of ill-fame or house of prostitution. And it shall be unla\^'ful for any board of health (or any members or employe of the same), now existing, or which may hereafter exist under the laws of this State, to interfere in the management of any house of ill-fame or house of prostitution, or ABSTRACT OF STATUTES 25 to provide in any nianner for the medical inspection or examination of any inmate of the same. 67. Police district.] (Chapter 24, Sec. 251.) §1. That the territory which is embraced within the limits of adjoining cities, villages and incorporated towns, within any ccxmty in this State shall be a police district. 68. Police may go into such district to suppress riotj etc. — duty of mayor.] § 2. It shall be lawful for the police of any city, village or incorporated town in such district to go into any part of such dis- trict to suppress riot, to preserve the peace and protect the lives, rights and property of citizens, and for such purposes it shall be the duty of the mayor of any city, the president, or the president and board of trustees of any village or incorporated town in such district, and the chiefs of police therein, to use the police forces under their control anywhere in such district. 69. May contract for sewerage, etc.] (Chapter 24, Sec. 323.) § 1. That whenever any city, or incorporated town or village, shall be adjacent or contiguous to any other city or incorporated town or village, they shall be authorized to contract with each other upon such tenns as may be agreed upon between them, to allow and permit the one the use and benefit of any sewer or drain, or of any system of sewerage or drainage heretofore constructed, or which may be here- after constructed by the other; and further, that any such sewer or drain or system of sewerage or drainage constructed or which may hereafter be constructed by the one, may be extended or furnished to the inhabitants of the other, and they may by contract with each other provide for the joint construction of any sewer or drain by the municipalities so contracting, and for the common use thereof by the inhabitants of such municipalities. 70. How contract made.] § 2. The contract contemplated in section one of this Act may be made by ordinance or resolution diily enacted or passed by the common council, board of trustees, or other' proper legislative authority of the city, incorporated town or ^'illage proposing such contract, and ratified or assented to by ordinance or resolution duly enacted or passed by the common council, board of trustees, or other proper legislative authority of the city or incorpora- ted town or village confirming or agreeing to such contract, and every such contract, when ratified or confinned b}^ the proper corporate authorities of the municipal corporations who arc parties thereto, shall be in all res]3ects valid and binding. 71. Public improvements exceeding $500.00 in value, how let.] (Chapter 24, Sec. 116 a.) Any work or other public improvement, except any work or public improvement to be paid for in whole or in part by a special assessment shall, when the expense thereof shall exceed $500, either be constructed by contract let to the lowest re- sponsible bidder in the manner orescribed hv ordinance: Provided, 26 ABSTRACT OF STATUTES however, any such contract may be entered into by the proper officers without advertising for bids, by a vote of two-thirds of all the alder- men or trustees elected; or such work or other pubHc improvement shall be constructed in the following manner, by a vote of two-thirds of all the aldermen or trustees elected ; to-wit : The commissioner of public works, or other proper officers to be designated by ordinance, shall superintend and cause to be carried out the construction of such work or other public improvement, and shall employ for the performance of all manual labor thereon, ex- clusively, laborers and artisans whom the city or village shall pay by the day or hour, and all material of the value of S500 and upwards used in the construction of such work or other public improvement, shall be purchased by contract let to the lowest responsible bidder in the manner to be prescribed b}' ordinance. In every city which has adopted an Act entitled, "An Act to regu- late the civil service of cities," approved and in force March 20, 1895, every such laborer and artisan shall be certified by the civil service commission to the commissioner of public works or other proper offi- cer, in accordance with the requirements of said Act entitled, "An Act to regulate the civil service of cities." (Laws 1911, page 185.) 72. Houses of Correction — Cities may establish.] (Chapter 67, Sec. 1.) § 1. That it shall be lawful for the municipal authorities of any city within this State to establish a house of correction, which shall be used for the confinement and punishment of criminals, or persons sentenced or committed thereto under the provisions of this Act, or any law of this State, or ordinance of any city or village, authorizing the confinement of convicted persons, in any such house of correction. 73. Houses of Correction outside Corporation.] (Chapter 24, Sec. 506.) That it shall be lawful for the municipal authorities of any- city within this State, to purchase, own and control not to exceed forty acres of land within the incorporate limits of such city or outside and within three miles of the corporate limits of any such city, for the purpose of establishing thereon a house of correction an-l other buildings or appurtenances thereto which shall be used for the con- finement and punishment of criminals or persons sentenced or com- mitted thereto under the provisions of this Act, or any law of this State, or ordinance of any city or village authorizing the confinement of convicted persons in any such house of correction. And when such land is purchased and house of correction establish- ed by any such city outside of the corporate limits thereof, such city and the municipal authorities thereof shall have full and complete police power over such lands and territory surrounding the same as is now conferred b\- law upon incorporated cities, towns and villages mthin this State over territory lying within the corporate limits thereof. ABSTRACT OF STATUTES 27 74. Farmer may sell without license.] (Chapter 5, Sec. 23.) § 1. That e\'cry fanner, fruit and vine grower, and gardener, shall have an undisputed right to sell the produce of his farm, orchard, vineyard and garden in any place or market where such articles are usually sold, and in any quantity he may think proper, without paying any vState, county or city tax, or license, for doing so, any law, city or town ordinance to the contrary notwithstanding: Provided, that the corporate authorities of any such city, town or village may prohibit the obstruction of its streets, alleys and public places for any such purposes: And, provided further, that nothing in this Act shall be so construed as to authorize the sale of spirituous, vinous or malt liquors, contrar}' to laws which now are or hereafter may be in force prohibi- ting the sale thereof. 75. Soldier may peddle without license.] (Chapter 24, Sec. 65.) § 1. That on and after the passage of this Act all ex-Union soldiers and sailors, honorably discharged from the military or marine service of the United States, shall be permitted to vend, hawk and peddle goods, wares, fruits or merchandise not prohibited by law, in any count3^ town, village, incorporated city or municipality within this State without a license : Provided, said soldier or sailor is engaged in the vending, hawking and peddling of said goods, wares, fruits or merchandise for himself only. 76. Clerk to issue license free.] § 2. Upon the presentation of his certificate of discharge to the clerk of any county, town, \'illage, incorporated city or municipality in this State, and showing proofs of his identity as the person named in his certificate of honorable discharge, the clerk shall issue to said ex-Union soldier or sailor a license, but such license shall be free, and said clerk shall not collect or demand for the county, town, village, incorporated city or munici- pality any fee therefor. Any clerk of any county, town, village, in- corporated city or municipality in this State who shall violate any of the foregoing provisions of this Act, by failing or refusing to comply with such pro\4sions, as herein directed, shall be fined in a sum not less than ten dollars ($10) nor more than fifty dollars ($50), to which may be added imi)risonmcnt in the county jail not exceeding ten (10) days. 77. Licensing and regulating person in charge of elevator.] (Chapter 24, sec. 653.) § 1. That the city council in cities and the board of trustees in towns and villages, shall have the power to adopt ordinances within their respective limits to provide for the examining, licensing, and regulation of persons having charge or control as start- ers or operators of all freight and passenger elevators run by hydrau- lic, electric, steam, water balance, compressed air or any other motive power, and to fix the amount of charges, terms and manner of issuing and revoking licenses to such persons; and to provide that it shall not be lawful for any person or persons to exercise, within the ?S ABSTRACT OF STATUTES limits of llic rcsi:cclivc cities, towns and villaj^es which n-.ay adopt such ordinance, the business of o].eratinj^ freight or passenger eleva- tors, or the business of controlling the running of such elevators as starters or o|Jcrators, without a license; and to provide that any per- son violating the provisions of such ordinance shall be liable to a pen- alty for each l)reach thereof. 78. Examination — qualifications — license.] § 2. Such cities, towns and \ilUiges so adopting such ordinances shall have power to require that all persons engaged in such occupation within their jurisdiction shall Idc of a certain age and shall submit to an examina- tion by a competent exaUiiner, who shall be a practical and ex]:crien- ced elevator starter or operator, or board of such examiners to be appointed by the mayor or president of the board of trustees of such cities, towns and villages touching their competency and qualifica- tions in regard to such occupation, with power to such examiner or board of examiners to license such persons as may be found caf able and trustworthy in that behalf. 79. Persons in charge of steam boilers — license.] (Chapter 24, Sec. 439.) § 1. That the city council in cities and the president and board of trustees in towns and villages shall have power to adopt ordinances within their respective limits, to provide for the exam.ina- tion, licensing and regulation of persons having charge of steam boilers under steam pressure, exhausting through an engine, to fix the amount, form and manner of issuing and revoking licenses to such persons; to ]:;rovide that it shall not be lawful for any person to exer- cise within the limits of the respective cities, towns and villages which may adopt such ordinances, the business of operating steam boilers, under steam pressure, exhausting through an engine, without a license; and to provide that any person violating the provisions of such ordinances shall be liable to a penalty for each breach thereof. 80. Board to examine, etc.] ^2. To require that all persons engaged in such occupation within the jurisdiction of such town, cities and villages, so adopting such ordinances, shall submit to an examination by a competent board of examiners to be appointed b}' such councils and boards of trustees, touching their competency and qualifications in regard to such vocations, with power to such board of examiners to license such persons as may be found capable and trustworthy in that behalf. 81. Regulate speed of trains through cities.] (Chapter 114, See. 87.) § 24. Whenever any railorad corporation shall by itself or agents, run any railroad train, locomotive engine, or car, at a greater rate of speed in or through the incorporated limits of any city, town or village, than is permitted by any ordinance of such city, town or village, such corporation shall be liable to the person aggrieved for all damages done the person or i:roperty by such train, locom.otive engine or car; and the same shall be presumed to have been done by ABSTRACT OF STATUTES 29 the negligence of said corporation or their agents; and in addition to such penalties as may be provided by such city, town or village, the person aggrieved by the violation of any of the provisions of this section, shall have an action against such corporation, so violating any of the provisions, to recover a penalty of not less than one hun- dred dollars ($100), nor more than two hundred do'lars ($200), to be recovered in any court of competent jurisdiction; said action to be an action of debt, in the name of the People of the State of Illinois, for the use of the person aggrieved; but the. court or jury trying the case may reduce said penalty to any sum, not less, however, than fifty dollars ($50), where the offense committed by such violation may appear not to be malicious or willful: Provided, that no such ordi- nance shall limit the rate of speed, in case of passenger trains, to less than ten miles per hour, nor in any other case to less than six miles ]3cr hour. 82. Require flagman — shelter.] (Chapter 114, Sec. 99.) § 35. In all cases where the public authorities having charge of any street over which there shall be a railroad crossing, shall notify any agent of the corporation ov/ning, using or operating such railroad, that a flagman is necessary, at such crossing, it shall be the duty of such railroad company, within sixty days thereafter, to place and retain a flagman at such crossing, who shall perform the duties usually required of flagmen; and such flagman is hereby empowered to stop any and all persons from crossing a railroad track when, in his opin- ion, there is danger from approaching trains or locomotive engines; and any railroad company refusing or neglecting to place flagmen, as required by this section, shall be liable to a fine of $100 per day for ever}' day they shall neglect or refuse to do so; and it is hereby made the duty of such public authorities having charge of such street, to enforce the payment of such fine, by suit, in the name of the town or municipal corporation wherein such crossing shall be situate, before any court of competent j urisdiction in the county, and the prosecut- ing attorney shall attend to the prosecution of all suits as directed by said public authorities. All the moneys collected under the pro- visions of this Act shall be paid into the treasury of the town or muni- cipal corporation in whose name such suits shall have been brought: Provided, that when any railroad company is required to keep a flagman at a crossing, it shall have the right to erect and maintain in the highway or street crossing a suitable house for the shelter of such flagman, the same to be so located as to create the least obstruc- tion to the use of such street or highway, and afford the best view of the railroad track in each direction from such crossing. 83. Penalties.] § 36. If any railroad corporation, or any of its agents, servants or employes, shall violate any of the provisions of this Act, such corporation, agent, servant or employe shall, sever- ally, unless otherwise herein provided, be liable to a fine of not less 30 ABSTRACT OF STATUTES than $10 nor more than $200, to be recovered in an action of debt, in the name of the People of the State of Illinois, for the use of an\- person aggrieved, before any court of competent jurisdiction. 84. Consent to lay pipes or string wires.] (Chapter 24, Sec. 491.) § 1 . I'hat the city council in cities, or the president and board of trus- tees in villages and incorporated towns shall have no power to pass an ordinance granting to any person or corporation the right or privilege to lay any gas j^ipes for the distribution of inflammable ga.s for fuel or lighting purposes, or to pass an ordinance granting to an\- person or corporation the right or privilege to lay in or on the ground, or string on poles any wires on, over or by which electricity for lighting purposes is to be used, conveyed or distributed in any street, alley or public grounds in any such city, village or incorporated town, except upon the petition of the owner of the land representing more than one-half of the frontage on the street or alley, or so much thereof as is sought to be used for the purposes above mentioned, or any or either of them, and when the street or alley, or part thereof sought to be used shall be more than one mile in length, no right or privilege to lay pipes, or lay or string wires for lighting purposes shall be granted, unless a petition therefor shall be presented to the city coimcil of the city, or board of trustees of the incorporated town or village in which such right or privilege is sought, signed by the owners of the land representing more than one-half of the frontage of each mile, and of the fraction of a mile, if any, in excess of the whole mile, measuring from the initial point named in such petition, of such street or alley, or of the part thereof sought to be used for the purpose above mentioned, or either of them. Any person being the owner of, or interested in any lot fronting on any street or alley, or part thereof, as is sought to be used for any or either of such purposes, shall have the right by bill in chancery, in his or their name own, to enjoin any person or corporation from vising such street or alley, or part of street or alley for either of such purposes, under any grant by the city council or board of trustees, which is not made in con- formity with the provisions hereof, and the sufficiency of the petition herein required, shall be ascertained by the court in w^hich such bill in chancery may be filed. 85. Consent necessary to erect telephone poles, etc., on roads, streets, etc.] (Chapter 134, Sec. 4.) § 4. No such company (tele- graph or telephone) shall have the right to erect any poles, posts, piers, abutments, wires or other fixtures of their lines along or upon any road, highway or public ground, outside the corporate limits of a city, town or village, without the consent of the county board of the county in which such road, highway or public ground is situated, nor ui)on any street, alley, highway or public ground, within any incorporated city, town or village, without the consent of the cor- porate authorities of such city, town or village. The consent herein ABSTRACT OF STATUTES 31 required must be in writing, and shall be recorded in the recorder's office of the county. And such county board, or city council, or board of trustees of such city, town or village, as the case may be, shall have power to direct any alteration in the location or erection of any such poles, posts, piers or abutments, and also in the height of the wires, having first given the comj^any or its agent opportunity to be heard in regard to such alteration. 86. Gas safety appliances.] (Laws 1911, page 146.) §1. That it shall be the duty of the fire marshal or such other officer or officers as are or may be charged with the duty of fire protection in each town, village or city in the State of Illinois, to require the owner, agent or person in charge of each public building, factory, store, hotel theatre, tenement or other building, except private residences in each of said towns, villages or cities, in which gas is used for illumin- ating, heating or other purposes, to equip said building or buildings with an automatic gas cock, valve or appliance by means of which, in case of fire, accident or other necessity, the supply of gas may be shut off from said building or buildings, without requiring fire- inen or other ])ersons to enter within said building or buildings for said purpose. 87. Approval of appliances.] § 2. That all such safety cocks, valves or appliances, as herein provided for, shall be of such design and quality of workmanship as to be reasonable certain to perform the work required to be done thereby and shall be approved by, and installed under the supervision and control of the duly authorized officer or officers charged with the duty of fire protection in said town, village or city in -which said gas cocks, valves or devices are required to be installed; and when thus installed in any building shall continue to be and remain under their supervision and control : Provided, however, that in all cases where the total volume of gas led into any building or buildings, is not more than the average volume delivered through a three-fourths inch pipe, then all such buildings shall be exempt from the requirements herein named, unless the con- ditions under which the gas is used are such as to endanger life or property to the saine extent as the larger average volume carried by pipes of the next larger size, then in all such cases, at the discretion of said duly authorized officer or officers, all such buildings may be required to be equipped as provided for herein. 88. Violation — penalty. § 3. That from and after the time of taking effect of this Act any owner, agent or person in control of any building or buildings within the requirements thereof, who shall fail, neglect or refuse to equip said building or buildings or to comply with the requirements set forth herein, shall be served with legal notice by the officer or officers duly charged with the fire protection of same to comply therewith within thirty days, and if at the expiration of the time specified in said notice, said building or buildings are not 32 ABSTRACT OF STATl'TES cquipijcd as provided for herein, then said owner, agent or person in control shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than ten (10) nor more than fifty (50) dollars for each offense. And upon such conviction such owner, agent or person in control of any building or buildings, it shall be unlawful for any person, firm or corporation or company to supply gas to such building or buildings for a longer period of time than thirty days next succeeding said conviction, until such building or buildings have been equipped as provided herein. 89. Tampering with device.] § 4. That when any such device is installed and approved, it shall be unlawful for any unauthorized person to wilfully disturb, destroy, meddle or tamper with any such device in any way, and upon conviction thereof, shall be punished by a fine of not less than fifty dollars ($50.00) for each offense. OFFICERS THEIR POWERS AND DUTIES. 90. Officers.) (Chapter 24, See. 72.) § 1. There shall be elected, in all cities organized under this Act, the. following officers, viz: a ma^'or, a city council, a city clerk, city attorney, and a city treasurer. 91. Other officers — duties of city marshal.] § 2. The city council may, in its discretion, from time to time, by ordinance passed by a vote of two-thirds of all the aldermen elected, provide for the election by the legal voters of the city, or the appointment by the mayor, with the approval of the city council, of a city collector, a city marshal, a city superintendent of streets, a corporation counsel, a city comptroller, or any or either of them, and such other officers as may ^by said council be deemed necessary or expedient. The city council may, by a like vote, by ordinance or resolution, to take effect at the end of the then fiscal year, discontinue any oflfice so created, and devolve the duties thereof on any other city officer ; and no officer fill- ing any such office so discontinued, shall have any claim against the city on account of his salary, after such discontinuance. The city marshal shall perform such duties as shall be prescribed by the city council for the preservation of the public peace, and the observ- ance and cnforceinent of the ordinances and laws; he shall possess the power and authority of a constable at common law, and under the statutes of this state' (78 111., 237.) 92. Appointments — vacancies — duties — powers.] § 3. All offi- cers of any city, except where herein otherwise provided, shall be ap- pointed by the mayor (and vacancies in all offices except the mayor and aldermen shall be filled by like api)ointment) by and with the advice and consent of the city council. The city council may, by ordinance not inconsistent with the provisions of this Act, prescribe the duties and define the ])owers of all such officers, together with the term of an\' such office : Provided, the term shall not exceed two years. ABSTRACT OF STATUTES 33 93. Oath — bond. I § 4. All officers of any city or village, whether elected or appointed, shall, before entering upon the duties of their respective offices, take and subscribe the following oath or affirmation : I do solemnly swear (or affirm, as the case may be,) that I will support the Constitution of the United States, and the Constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of according to the best of my ability. Which oath or affirmation, so subscribed, shall be filed in the office of the clerk. And all such officers, except aldermen and trustees, shall, before entering upon the duties of their respective offices, execute a bond with security, to be approved by the city council or board of trustees, payable to the city or village, in such penal sum as may, b}^ resolution or ordinance, be directed, con- ditioned for the faithful perfonnance of the duties of the office and the payment of all moneys received by such officer, according to law and the ordinances of said city or village: Provided, however, that in no case shall the mayor's bond be fixed at a less sum than three thousand dollars ($3,000) ; nor shall the treasurer's bond be fixed at a less sum than the amount of the estimated tax and special assessments for the current year — which bonds shall be filed with the clerk (except the bond of the clerk, which shall be filed with the treasurer.) 94. Commission — certificate — delivery to successors.] § 5. All officers elected or appointed under this Act (except the clerk, alder- men and inayor, and trustees), shall be commissioned by warrant, under the corporate seal, signed by the clerk and the mayor or presiding officer of the city council or board of trustees. The mayor or president of the board of trustees shall issue a certificate of ap- pointinent or election, under the seal of the corporation, to the clerk thereof, and any person having been an officer of the city or village, shall, within five days after notification and request, deliver to his successor in office all property, books and effects of every description in his possession, belonging to the city or village, or appertaining to his said office; and upon his refusal to do so, shall be liable for all the damages caused thereby, and to such penalty as may b}^ ordin- ance be prescribed. 95. Qualification of officers.] § 6. No person shall be eligible to any office who is not a qualified elector of the city or village and who shall not have resided therein at least one year next preceding his election or appointment. Nor shall any person be eligible to any office who is a defaulter to the corporation: Provided, however, this shall not apply to the appointment or election of city engineer in incorporated cities and villages : And provided, that the same shall not apply to appointment of attorneys in incorporated villages, if such ai)iJointee be not a defaulter to the corporation. ABSTRACT OF STATUTES 96. Not interested in contracts, etc.] § 7. No officer shall be directly or indirectly interested in any contract, work or busi- ness of the city, or the sale of any article, the expense, price or con- sideration of which is paid from the treasury, or by any assessment levied by any act or ordinance ; nor in the purchase of any real estate or other property belonging to the corporation, or which shall be sold for taxes or assessments, or by virtue of legal process at the suit of said corporation. 97. Bribery — penalty.] § 8. Every person who shall promise, offer or give, or cause, or aid, or abet in causing to be promised, offered or given, or furnish or agree to furnish, in whole or in part> to be promised, offered or given to any member of the city council or board of trustees, or any officer of the corporation, after or before his election or appointment as such officer, any moneys, goods, right in action, or other property or anything of value, or any pecuniary advantage, present or prospective, with intent to influence his vote, opinion, judgment or action on any question, matter, cause or pro- ceeding which may be then pending, or may by law be brought before him in his official capacity, shall, upon conviction, be impris- oned in the penitentiary for a term not exceeding two years, or shall be fined not exceeding $5,000, or both, in the discretion of the court. Every officer who shall accept any such gift or promise, or under- taking to make the same under any agreement or understanding that his vote, opinion, judgment or action shall be influenced thereby or shall be given in any question, matter, cause or proceeding then pending, or which may by law be brought before him in his official capacity, shall, upon conviction, be disqualified from holding any public office, trust or appointment under the city or village, and shall forfeit his office, and shall be punished by imprisonment in the penitentiary not exceeding two }'ears, or by a fine not exceeding $5,000, or both, in the discretion of the court. Every person offend- ing against either of the provisions of this section, shall be a competent witness against any other person offending in the same transaction, and may be compelled to appear and give evidence before any grand jury or in any covirt in the same manner as other persons; but the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying. 98. Mayor, etc., not to hold other office.] § 9. No mayor, alderman, city clerk, or treasurer shall hold any otlicr office under the city government during his tenn of office. 99. Duties of clerk.] § 10. The clerk shall keep the corporate seal, to be i^rovided under the direction of the city council or board of trustees, and all papers belonging to the city or village; he shall attend all meetings of the city council or board of trustees, and keep a full record of its proceedings in the journal; and copies of all papers duly filed in his office, and transcripts from the journals ABSTRACT OF STATUTES 35 and other records and files of his office, certified by him under the corporate seal, shall be evidence in all courts in like manner as if the originals were produced. 100. Record of ordinances.] § 11. The clerk shah record, in a book kept for that purpose, all ordinances passed by the city council or board of trustees, and at the foot of the record of each ordinance so recorded shall make a memorandum of the date of the passage and of the publication or posting of such ordinance, which record and memorandum, or a certified copy thereof, shall be prima facie evidence of the passage and legal publication or posting of such or- dinances for all purposes whatsoever. 101. Conservators of the peace — powers of.] § 12. The trus- tees in villages, the mayor, aldermen, and the marshal and his depu- ties, policemen and watchmen in cities, if any such be appointed,, shall be conservators of the peace, and all officers created conserva- tors of the peace by this Act, or authorized by any ordinance, shall have power to arrest or cause to be arrested, with or without process,, all persons who shall break the peace, or be found violating any ordinance of the city or village, or any criminal law of the State, commit for the examination and, if necessary, detain such persons. in custody over night or Sunday in the watch house or any other safe place, or until they can be brought before the proper magistrate, and shall have and exercise such other powers as conservators of the peace as the city council or board of trustees may prescribe. All warrants for the violation of ordinances, and all criminal war- rants to whoinsoever directed, may be served and executed within the corporate limits of any such city or village by any policeman of such city or village; such policeman being hereby clothed with all the common law and statutory power of constables for such pur- poses. 102. Compensation of mayor.] § 13. The mayor of any city shall receive such compensation as the city council may by ordin- ance direct, but his compensation shall not be changed during his. term of office. 103. Compensation of aldermen and trustees.] § 14. The alder- men and trustees may receive such compensation for their services as; shall be fixed by the ordinances : Provided, however, that in cities of less than 350,000 inhabitants such compensation shall not exceed the sum of three dollars to each alderman for each meeting of the city council or board of trustees actually attended by him; in cities of more than 350,000 inhabitants such compensation shall not exceed the sum of thirty-five hundred dollars per annum for each aldemian, and in villages the compensation to trustees shall not exceed the sum of one dollar and fifty cents for each meeting of the board of trustees actually attended by such trustees. No other salary or compensation shall be allowed any alderman or trustee: Provided,. 36 ' ABSTRACT OF STATUTES further, that this Act shall apply to all cities, towns and villages in in this state whether incorporated under a general or special law, and that in all such villages and incorporated towns the trustees thereof shall receive comrjensation for not more than one meeting in each week. 104. Compensation of other officers.] § 15. All other officers may reccix'c a salary, fee or other compensation to be fixed by ordin- ance, and after the same has been once fixed, such fees or compen- sation shall not be increased or diminished, to take effect during the term for which any such officer was elected or appointed; and every such officer shall make and return to the mayor, or president of the board of tnistccs, a semi-annual report, verified by affidavit, of all svich fees and cmohimcnts received by him. (See chapter 53, Sec. 38.) 105. Compensation — when to be fixed — not changed during term.] (Chapter 24, Sec. 271.) It shall and may be lawful for the common council or legislative authority of any city in this state to establish and fix the amount of salary to be paid any and all city officers, as the case may be, except members of such legislative body, in the annvial appropriation bill or ordinance; and the salaries or compensation thus fixed or established shall neither be increased nor diminished by the said common council or legislative authority «of any such city, after the passage of said annual appropriation bill or ordinance, during the year for which such appropriation is made, and no extra compensation shall ever be allowed to any such officer or employe over and above that provided in manner aforesaid. 106. Unlawful to take greater sum than the percentage, etc.] (Chapter 24, Sec. 372.) That, whenever any officer, agent or em- ploye of any incorporated town or village, hereafter to be elected or appointed, is paid by a commission or percentage on the moneys collected, handled or paid over by him, it shall be unlawful for said officer, agent or employe to receive or retain for his compensation for collecting, handling or paying over such moneys, any greater sum than that produced by such percentage or commission, and in no case shall such compensation exceed the sum of five thousand dol- lars ($5,000) per anntmi. 107. Administering oaths.] (Chapter 24, Sec 87.) § 16. The mayor of any cit}-, and the clerk of any city or village, shall have power to administer oaths and affirmations upon all la^^^ul occasions. 108. Police magistrate — election and term of office — jurisdic- tion.] (Chapter 24, Sec. 249.) § 1. That all towns, cities and villages in the state which have been incorporated under charters granted by special acts, or under a general act, when the law under which they are incorporated does not authorize the election of a police magistrate, be and they are hereby authorized to elect one police magistrate at the first annual election of town, city or village officers that shall occur after the passage of this Act. and quadren- ABSTRACT OF STATUTES 37 nially thereafter. Such police magistrates shall hold their offices for the same term, be commissioned and qualified and have the same jurisdiction and fees as police magistrates of villages have under the general law for the incorporation of cities and villages. Provided, that in all cities, towns and villages in this state where a. police magistrate is now elected at a time when no regular city election is held for athcr city officers, the police magistrate elected at the last election shall hold his ofhce until the next regular election of city officers which shall occur after the expiration of the present term for which such police magistrate has been elected, and such cities be, and they are hereby authorized to elect one police magis- trate at the first regular election for city officers which shall occur after the expiration of the tenii of office for which the magistrate now holding office is elected, and QYQvy four years thereafter. 109. Non-resident not to be sheriff, special policeman, etc.| (Chapter 24, Sec. 444.) That it shall be unlawful for the sheriff of any county, or the corporate authorities of any city, town or village to authorize; empower, employ or permit any person to act as deputy sheriff, special constable or special policeman for the pur- pose of preserving the peace who is not a citizen of the United States and has not been an actual resident of the county where such person is authorized to act as deputy sheriff, special constable or special policeinan, one whole year before such authorization. Penalty — Any sheriff or public officer violating the provisions of this Act shall be deemed guilty of a misdeineanor, and shall, on. conviction, be punished bv a fine of not less than $100 and not more than $500. 110. Appointment of police matrons.] (Chapter 24, Sec. 490.) That in all incorporated cities in this State, having a population of sixteen thousand inhabitants or more, it shall be the duty of the mayor of such city, subject to the confirmation by the council of such city, to appoint for the term of one year, one or more police, matrons, who shall have charge of all female prisoners in their re- spective cities, in the police station, city prison, workhouse, or cala- boose of such city, and who shall perform such duties in that regard as shall be prescribed by the ordinances of such city: Provided, in cities of over 50,000 inhabitants they need not be confirmed by the council or board of trustees. Salaries of police matrons — The salaries to be paid to each of said matrons shall be fixed annually by the council or president, and, as the case may be, out of the funds to be duly appropriated for that purpose. RESIGNATIONS AND VACANCIES. 111. Of elective offices.] (Chapter 46, Sec. 124.) §124. Resig- nations of elective officers shall be made to the officer, court or c(umty 38 . ABSTRACT OF STATUTES board authorized by law to fill a vacancy in such office by appoint- ment, or to order an election to fill such vacancy. 112. When office becomes vacant.] §125. Every elective office shall become vacant on the haiJioening of either of the following events, before the expiration of the term of such office : First — The death of the incumbent. Second — His resignation. Third — ^His becoming insane. Fourth — His ceasing to be an inhabitant of the state; or, if the office is local, his ceasing to be an inhabitant of the district, county, town or precinct for which he was elected. Fifth — His conviction of an infamous crime, or of any offense involving a violation of official oath. Sixth — His removal from office. Seventh — His refusal or neglect to take his oath of office, or to give or renew his official bond, or to deposit or file such oath or bond within the time prescribed by law. Eighth — The decision of a competent tribunal declaring his elec- tion void. 113. Who may determine when vacancy exists.] §126. When- ever it is alleged that a vacancy in any office exists, the officer, court, or county board whose duty it is to fill the vacancy by appointment, or to order an election to fill such vacancy, shall have power to determine whether or not the facts occasioning such vacancy exist. OF FINANCE. 114. Fiscal year.] (Chapter 24, Sec. 88.) § 1. The fiscal year of each city or village organized under this Act shall commence at the date established by law for the annual election of municipal officers therein, or at such other times as may be fixed by ordinance. 115. Annual appropriation ordinance.] § 2. The city council of cities, and board of trustees in villages, shall, within the first quarter of each fiscal year, pass an ordinance, to be termed the an- nual appropriation bill, in which such corporate authorities may appropriate such sum or sums of money as may be deemed necessary to defray all necessary expenses and liabilities of such corporation; and in such ordinance shall specify the objects and purposes for which such appropriations are made, and the amount appropriated for each object or purpose. No further appropriations shall be made at any other time within such fiscal year, unless the proposi- tion to make each appropriation has been first sanctioned by a majority of the legal voters of such city or village, either by a petition signed bv them, or at a general or special election dulv called therefor. (80 111.. ,=;87; 78 111., 101; 144 111., 458; 111 111., 63.) ABSTRACT OF STATUTES 39 116. Limitation — emergency — borrowing money.] § 3. Neither the city council nor the board of trustees, nor any department or officer of the corporation, shall add to the corporation expenditures in any one year anything over and above the amount provided for in the annual appropriation bill of that year, except as is herein otherwise specially provided; and no expenditure for an improvement to be paid for out of the general fund of the corporation shall exceed, in any one year, the amount provided for such improvement in the annual appropriation bill: Provided, however, that nothing herein contained shall prevent the city council or board of trustees from ordering, by a two thirds vote, any improvement, the necessity of which is caused by any casualty or accident happening after such annual appropriation is made. The city council or board of trus- tees may, by a like vote, order the mayor or president of the board of trustees and finance commiittee to borrow a sufficient amount to provide for the expense necessary to be incurred in making any improvements, the necessity of which has arisen as is last above mentioned, for a space of time not exceeding the close of the next fiscal year — which sum, and the interest, shall be added to the amount authorized to be raised -in the next general tax levy, and embraced therein. Should any judgment be obtained against the corporation, the mayor, or president of the board of trustees and finance comimttee, under the sanction of the city council or board of trustees, may borrow a sufficient amount to pay the same, for a space of time not exceeding the close of the next fiscal year — which sum and interest shall, in like manner, be added to the amount authorized to be raised in the general tax levy of the next year, and embraced therein. (68 111., 530.) 117. Contracting liabilities limited.] § 4. No contract shall be hereafter made by the city councillor board of trustees, or any com- mittee or member thereof; and no expense shall be incurred by any of the officers or departments of the corporation, whether the object of the expenditure shall have been ordered by the city council or board of trustees or not, unless an appropriation shall have been previously made concerning such expense, except as herein otherwise expressly provided. 118. Duties of treasurer.] § 5. The treasurer shall receive all moneys belonging to the corporation, and shall keep his books and accounts in such manner as may be prescribed by ordinance, and such books and accounts shall always be subject to the inspec- tion of any member of the city council or board of trustees. 119. Separate accounts.] § 6. He shall keep a separate account of each fund or appropriation, and the debits and credits belonging thereto. 120. Receipts.] § 7. He shall give every person paying money into the treasury a receipt therefor, specifying the date of payment, and upon what account paid; and he shall also file copies of such receipts with the clerk, at the date of his monthly reports. 40 ABSTRACT OF STATUTES 121. Monthly statements — warrants — vouchers — register.] § 8. The treasurer shall, at the end of each and every month, and oftener if required, render an aecount to the city council or board of trustees, or such officer as may be designated by ordinance (under oath) showing the state of the treasury at the date of such account, and the balance of money in the treasury. He shall also accompany such accounts with a statement of all moneys received into the treas- ury, and on what account, together with all warrants redeemed and ]xiid by him; which said warrants, with any and all vouchers held b>' him, shall be delivered to the clerk, and filed with his said account in the clerk's office, upon every da}- of such settlement. He shall return all warrants paid by him stamped or marked "paid." He shall keep a register of all warrants redeemed and paid, which shall describe such warrants, and show the date, amount, number, the fund from which paid, the name of the person to whom and when paid. 122. Deposit of funds — separate from his.] § 9. The treasurer may be required to keep all moneys in his hands, belonging to the corporation, in such place or places of deposit as may be designated by ordinance: Provided, however, no such ordinance shall be passed by which the custody of such money shall be taken from the treasurer and deposited elsewhere than in some ;regularly organized bank, nor without a bond to be taken from such bank, in such penal sum and with such security as the city council or board of trustees shall direct and approve, sufficient to save the corporation from any loss; but such penal sum shall not be less than the estimated receipts for the current year from taxes and special assessments levied, or to be levied, by the corporation. The treasurer shall keep all moneys belonging to the corporation in his hands separate and distinct from his own moneys, and he is hereby expressly prohibited from using either directly or indirectly, the corporation money or warrants in his custody and keeping, for his own use and benefit, or that of any other person or persons whomsoever; and any violation of this pro- vision shall subject him to immediate removal from office by the city council or board of trustees, who are hereby authorized to declare said office vacant ; and in which case his successor shall be appointed, who shall hold his office for the remainder of the term unexpired of such officer so removed. (Sec Laws 1911, p 149.) 123. Treasurer's annual report — publication.] § 10. The treas- urer shall report to the city council or board of trustees, as often as required, a full and detailed account of all receipts and expendi- tures of the corporation, as shown by his books, up to the time of said report; and he shall, annually, between the first and tenth of April, make out and file with the clerk a full and detailed account of all such receipts and expenditures, and of all his transactions, as such treasurer, during the preceding fiscal year, and shall show in such account the state of the treasurv at the close of the fiscal year; ABSTRACT OF STATUTES 41 which account the clerk shall immediately cause to be published in a newspaper printed in such city, if there be one, and if not, then by posting the same in a public place in the clerk's ofifice. 124. Warrants.] § 11. All warrants drawn upon the treasurer must be signed by the mayor and countersigned by the clerk, stating the particular fund or appropriation to which the same is chargeable, and the person to whom payable ; and no money shall be otherwise paid than upon such warrants so drawn, except as hereinafter pro- vided. 125. Special assessment funds kept separate.] §12. All moneys received on any special assessment shall be held by the treasurer as a special fund, to be applied to the payment of the improvement for which the assessment was made, and said money shall be used for no other purpose whatever, unless to reimburse such corporation for money expended for such improvement. 126. When warrants may be drawn.] (Chapter 146, a.) § 1. That warrants, payable on demand, shall hereafter be drawn and issued upon the treasurer of this state or of any county, township, city, school district or other municipal corporation, or against any fund in his. hands, only when at the time of the drawing and issuing of such warrants there shall be' sufficient money in the appropriate fund in the treasury to pay said warrants. 127. Issued in anticipation of taxes — in payment of .] §2. That whenever there is not sufficient money in the treasury of any county, city, town, village, school district or other municipal corporation to meet and defray the ordinary and necessary expenses thereof, it shall be lawful for the proper authorities thereof to provide a fund to meet said expenses by issuing and disposing of warrants drawn against and in anticipation of any taxes already levied by said au- thorities for the payment of the ordinary and necessary expenses of such county, city, village, school district or other municipal corpor- ation, to the extent of seventy-five per centum of the total amount of any such tax levied : Provided, That warrants drawn and issiied under the provisions of this section shall show upon their face that they are payable solely from said taxes when collected and not otherwise, and shall be received by any collector of taxes in payment of the taxes against which they are issued, and which taxes against which said warrants are drawn, shall be set apart and held for their payment. (231 111., 63.) 128. When warrants bear interest.] § 3. Every warrant issued under this Act shall, unless paid within thirty days after its issuance, bear interest, payable only out of the taxes against which it shall be drawn, at the rate of five per cent per annum from the date of its issuance until paid, or until notice shall be given by publication in a newspaper or otherwise, that the money for its payment is avail- able, and that it will be paid on presentation unless a lower rate of 42 ABSTRACT OF STATUTES interest shall be specified therein, in which case the interest shall be computed and paid at such lower rate. (209 111., 142; 231 111., 63; 103 111., App. 95; 135 111., App. 494.) 129. Referendum on issue of bonds.] (Chapter 24, Sec. 697.) That hereafter no ordinance passed by the city council of any city, or board of trustees of any village or incorporated town, as the case may be, which provides for or authorizes the issue of bonds (except bonds to refund any existing bonded indebtedness), shall become operative, effective or valid until any such ordinance shall have been submitted to the voters of any such city or village or in- corporated town, as the case may be, at the next succeeding general or special election, or any special election called for that purpose, and approved by a majority of such voters voting upon the question. 130. Form of ballot.] § 2. Such ordinance shall be printed on a ballot, which shall be separate and distinct from. the ballot for candi- dates for office, stating the amount of the bond issue provided for in such ordinance and the suecific purpose or purposes for which such bonds or obligations are to be issued. The ballot to be used at any such election in voting under this Act shall be substantially in the following form : Shall bonds or obligations for the purpose of (state specific purpose) in the sum of $ GO be issued by the city council (or board of trus- tees as the case may be.) Yes No 131. Sinking fund — commission.] (Chapter 113, Sec. 45.) In every city, village and incorporated town there shall be a sinking fund commission composed of the mayor (or president of the board of trustees), the chairman of the finance committee and the city comptroller, or if there be no city comptroller, the clerk of said city, village or incorporated town. 132. Purchase of bonds.] § 2. Whenever there shall be in in the sinking fund of any city, village or incorporated town a sum in excess of that required for the payment of the bonded indebted- ness of such city, village or incorporated town maturing in that or the succeeding fiscal year, and the interest due in that period, the sinking fund commission may use such excess in the purchase of the outstanding bonds for the payment of which, at maturity, such sink- ing fund was or shall be created, paying therefor no more than the market price. When any such bond is so purchased, it shall be cancelled, and thereafter no taxes for the payment of such bonds or the interest thereon shall be levied. No further appropriation by such city, village or incorporated town shall be required for the ABSTRACT OF STATUTES 43 application of money in such sinking fund to the payment of such bonds than is made hereby. 133. Purchase of warrants.] (Laws 1911, p. 150.) § 1. That ■every city, incorporated town or village, now or hereafter holding in its treasury any fund set aside for use for some particular purpose, that is not immediately necessary for such purpose, may by ordinance of the city council of such city or board of trustees of such town or village use the money in such fund in the purchase of tax anticipation warrants issued by said city, town or village against taxes levied by said city, town or village; such warrants to bear interest not to exceed four per cent per annum, and all interest upon such warrants, and all money paid in redemption of said warrants shall at once be credited to and place in such fund so held by such city, town or village. Disposition of interest.] § 2. Interest accruing upon deposits of inoney derived from special assessments may by ordinance of the city coucil of such city or board of board of trustees of such town or village be used in the retiring outstanding special assessment vou- chers and bonds that may be delinquent by reason of any deficiency in the fund out of which such vouchers or bonds are to be paid. • CITY COLLECTOR. 134. His duties.] (Chapter 24, Sec. 100). §13. It shall be the duty of the collector, when one is appointed, to preserve all warrants which ate returned into his hands, and he shall keep such books and his accounts in such inanner as the city council may be prescribe. Such warrants, books, and all paper pertaining to his office, shall at times be open to the inspection of and subject to the examination of the mayor, city clerk, any inember of the council, or committee thereof. He shall weekly, and oftener if required by the council, pay over to the treasurer all moneys collected by him froin any source whatever, taking such treasurer's receipt therefor, which receipt he shall immediately file with the city clerk, but the city clerk shall, at the time, or on demand, give such tax collector a copy of an}' such receipt so filed. 135. He shall report, etc. — publication.] § 14. He shall make a report, in writing, to the council, or any officer designated by the council, of all moneys collected by him, the account whereon collected or of any other matter in connection with his office, when required by the council or by any ordinance of the city. He shall also, an- nually, between the firSt and tenth of April, file with the clerk a state- ment of all the moneys collected by him during the year, the particu- lar warrant, special assessment or account on which collected, the balance of moneys uncollected on all warrants in his hands, and the' balance remaining uncollected at the time of the return on all war- rants which he shall have returned, during the ]:receding fiscal year 44 ABSTRACT OF STATUTES to the city clerk. The city clerk shall publish or post the same, as hereinbefore required to be done in regard to the annual report of the treasurer. 136. Not to detain money — penalty.] § 15. The collector hereby expressly prohibited from keeping the moneys of the city in his hands, or in the hands of any jjcrson or corporation, to his use beyond the time which may be prescribed for the payment of the same to the treasurer, and any violation of this provision will subject him to immediate removal from office. 137. Examination of his books — paying over.] § 16. All the city collector's papers, books, warrants and \'0uchers may be ex- amined at any time by the mayor or clerk, or any member of the city council; and the collector shall every two weeks, or oftener, if the city" council so directs, pay over all money collected by him froin an}^ person or persons, or associations, to the treasurer, taking his receipt therefor in duplicate, one of which receipts he shall at once file in the" office of the clerk. CITY COMPTROLLER. 138. His powers and duties.] § 17. The city comptroller (if there shall be any city comptroller appointed, if not, then the clerk) shall exercise a general supervision over all the officers of the cor- poration charged in an}' manner with the receipt, collection or dis- bursement of corporation revenues, and the collection and return of all such revenues into the treasury. He shall have the charge, custody and control of all deeds, leases, warrants, vouchers, books and papers of any kind, the custody and control of which is not herein given to any other officer; and he shall, on or before the fif- teenth day of May, in each year, and before the annual appropria- tions to be made b}' the city council or the board of trustees submit to the city council or board of trustees a report of his estimates, as nearly as may be, of inoneys necessary to defray the expenses of the corporation during the current fiscal year. He shall, in said report, class the different objects and branches of expenditures, giving as nearly as may be, the amount required for each; and for the purpose of making such report, he is authorized to require of all officers their statement of the condition and expenses of their respective offices or departments, with any proposed improvements and the probable expense thereof, all contracts made and unfinished,- and the amount of any and all unexpended appropriations of the preceding year. He shall, in such report, show the aggregate income of the preceding fiscal year, from all sources, the amount of liabilities outstanding upon which interest is to be paid, the bonds and debts pa>'able during the year, when due and when payable; and in such report he shall give such other infonnation to the council or board of trustees as he may deem necessarv, to the end that the citv council or board of trustees may ABSTRACT OF STATUTES 45 fully understand the money exigencies and demands upon the cor- poration for the current year. 139. Council may define the duties — transfer of clerk's financial duties.] § 18. When there shall be appointed in any city a comp- troller, the city council may, by ordinance or resolution, confer upon him such powers, and provide for the performance of such duties by him, as the city council shall deem necessary and proper; and all the provisions of this Act relating to the duties of the city clerk, or the powers of the city clerk in connection with the finances, the treasurer and collector, or the receipt and disbursements of the moneys of such city, shall be exercised and performed by such comp troller, if one there shall be appointed; and to that end and purjDose, wherever in this Act heretofore the word "clerk" is used, it shall be held to mean "comptroller"; and whenever the "clerk's office" is referred to, it shall be held to mean "comptroller's office." 140. Record of bonds issued by city.] § 19. The comptroller, when there shall be a comptroller, and if not, then the clerk, shall keep in his office, in a book or books kept expressly for that purpose, a correct list of all the outstanding bonds of the city, showing the number and amount of each, for and to whoin the said bonds are issued ; and when any city bonds arc purchased, or paid, or canceled, sa.id book or books shall show the fact; and in his annual report he shall describe, particularly, the, bonds sold during the year, and the terms of sale, with each and every item of expense thereof. GENERAL PROVISIONS. 141. Further duties may be required.] (Chapter 24, Sec. 107.) § 20. The collector and treasurer, and all other officers connected with the receipt and expenditure of money, shall perform such other duties, and be subject to such other rules and regulations as the city council or board of trustees may, from time to time, by ordinance, provide and establish. 142. Appeal to finance committee.] § 21. In the adjustment of the accounts of the collector or treasurer with the clerk (or com])- troller, if there shall be one) there shall be an appeal to the finance committee of the council or board of trustees, whose decision in all matters of controversy arising between said officers shall be binding, unless the city council or board of trustees shall otherwise direct and provide. 143. Who may appoint subordinates.] § 22. The comptroller (if there shall be one), the clerk, the treasurer and collector, shall, severally, appoint such various clerks and subordinates in their respective offices as the city council or board of trustees may authorize and shall be held, severally, responsible for the fidelity of all persons so appointed by them. 46 ABSTRACT OF STATUTES ANNEXING TERRITORY. 144. Petition to be annexed— vote of people — annexing.] (Chap- ter 24, Sec. 195.) § 1. That on petition, in writing, signed by a majority of the legal voters, and by a majority of the proj^erty owners in any territory contiguous to any city or incorporated village or town, and not embraced within its limits, the city council or board of trustees of said village, city or town (as the case may be) shall sub- mit to a vote of the people of said city, village or town (as the case may be) at its next regular election or a special election to be called within sixty (60) days after said petition is presented, the question of the annexation of such proposed territory: Provided, however, that where the said petition shall be presented within ninety (90) days prior to a regular election no special election shall be called. In case the question of such annexation shall receive a majority of all the votes cast at said election in favor thereof, the city council or board of trustees of said city, village or town (as the case may be) shall, within ninety days thereof, by ordinance, annex such territory to such city, village or town, upon filing a copy of such ordinance, with an accurate map of the territory annexed (duly certified b}^ the mayor of the city or president of the board of trustees of the village or town), in the office of the recorder of deeds in the county where the annexed territory is situated, and having the same recorded there- in: Provided, that no portion less than the whole of an incorpor- ated city, town or village shall be annexed to another incorporated city, town or village, except in the mode provided in this Act for the annextion of the whole of an incorporated city, town or village to an- other city, town or village. 145. Annexing one corporation to another.] § 2. Any incor- porated city, village or town may be annexed to another incorporated city, village or town, by ordinance passed by a two-thirds vote of all the aldemicn or trustees elect of each corporation 'desiring an- nexation: Prozided, such annexation shall not affect or impair any rights or liabilities either in favor of or against such corporations; and suits founded upon such rights and liabilities may be commenced and pending suits may be prosecuted and carried to final judgm.ents and executions, the same as if such annexation had not taken place. In making sucli annexation, the corporations so uniting m.ay, by ordinance, fix the terms of annexation, which shall have the force and effect of a binding contract: Provided, however, that no such ordinance shall be of any binding force or effect until svibmitted to a vote of the legal voters of such city, town or village, at a general election thereof, and adopted by a majority of all voters voting thereon at such election, notice of which shall be given at the sam.e time and in the same manner as required for the election of the officers of such city, town or village: And, provided, also, that the votes shall be V)}^ ballot, which shall be "for union ordinance," or "against tmion ABSTRACT OF STATUTES 47 ordinance." and shall be received, canvassed and returned the same as ballots for municipal officers of such city, town or village. 146. Proceedings by corporation to annex territory.] § 3. When any incorporated city, village or town shall desire to annex any contiguous territory thereto, and the same shall not have been peti- tioned for as provided in section one of this article, it shall be lawful for the city council or board of trustees of such city, village or town, by a two-thirds vote of all the aldermen or trustees elect, by ordin- ance or resolution, to authorize the mayor of such city or the presi- dent of the board of trustees of such village or town, to petition the circuit court of the county in which the territory desired to be an- nexed or a major part thereof is situated, praying such annexation to be made. The petition shall contain a copy of such ordinance or resolution, and an accurate map of the territory which it is desired to annex, showing all such subdivisions that shall have been made therein. Such petition shall be filed with the clerk of the court at least ten days before the first day of the term at which it is proposed to be heard : Provided, that nothing in this section contained shall authorize said petition to be filed unless the territory so sought to be annexed (except territory intervening between a city and town, or two more cities or towns, desiring to become united under this Act) , shall contain an actual resident population of at least one hun- dred and fifty inhabitants to each section or fractional part of a sec- tion so sought to be annexed, — which said fact shall be alleged in said petition and proved on the hearing thereof, the same as any other allegation in said petition. (75 111., 152.) 147. Notice of proceedings.] § 4. When it shall be detennined to present such petition, the mayor or president of the board of trus- tees (as the case may be) shall cause notice of the time and place where and when the petition will be or has been filed, and at what term of court the hearing thereof will be had, and setting forth the boundaries of a general description of the territory proposed to be annexed — to be given by publication at least once in each week for two successive weeks, in some newspaper published in the county where the petition is filed or to be filed (or, if no newspaper is published in such county, then in the nearest newspaper published in ' this state) , and by posting up notices at least fourteen days before such time of hearing, in at least three of the most public places in the territory proposed to be annexed, and a like number in the city, village or town to which it is desired to annex such territory. 148. Objections to annexation — trial.] § 5. The Icga' voters resident upon the territory thus proposed to be annexed, or any of them, or any owner of land therein, or any voter of such city, village or town, may appear at such hearing and show cause why such an- nexation should not be made; and the court, or a jury impaneled for that purpose (no member of the jury so impaneled shall be a 48 ' ABSTRACT OF STATUTES resident of the corijoration or territory to be annexed, nor of the town or towns in which said corporation or territory may be situated), shall hear all competent evidence that may be offered by either party ; and the court may continue the hearing from time to time, for any cause, and make all proper orders in regard to the hearing, giving of notices and other disposition of the case. 149. Finding — costs, etc.] § 6. If, upon the hearing, the court or the jury shall find that such territory ought to be annexed to such city, village or town, and can be so done without injustice to the in- habitants or persons interested, the court shall so order. If the court or jury shall find against the petitioners, the petition shall be dismissed at the cost of the petitioners; and no subsequent petition shall be presented for the annexation of any of the territory embraced in such petition, within one year from the time of entering such order: Provided, that new trials may be granted as in other jury cases. 150. Proceedings by owner to be annexed.] § 7. When not less than a majority in number of the legal voters or the owner or owners of any tract or tracts of land, contiguous to any incorporated city, village or town, shall, by petition, in writing, signed by them, and filed in the circuit court of the county where such territory or a inajor part thereof is situated, pray to be annexed to such city, village or town, the like proceedings may be had thereon, and with the like effect, as in case of a petition by a city, village or town: Provided, a copy of the notice required to be given shall be left with the mayor of such city, or president of such village or town, at least ten days before such petition is heard. 151. Map and ordinance recorded.] §9. When any territory is annexed to any cit}', village or town, as provided in this Act, it shall be the duty of the mayor of the city, or the president of the board of trustees of the village or town (as the case may be) to cause an accurate map of such added territory, together with the ordin- ance for the annexation, certified by such mayor, and if a decree or order of the court has been made therefor, a copy of the same, to be filed for record and recorded in the recorder's office for the county in which such added territory is situated. If territory is disconnected or excluded from any city, village or town, a copy of the ordinance or decree therefor shall be so filed for record and recorded. 152. School districts.] § 10. All school districts and other corporations incorporated for school purposes, under special acts, of the legislature, desiring to annex Or disannex territory, may pro- ceed under the provisions of this Act. 153. Judicial notice.] § 11. All courts in this State shall take judicial notice of cities, towns and villages, and of the changes of their territory, made under the provisions of this Act. . ABSTRACT OF STATUTES 49 DISCONNECTING TERRITORY. 154. Petition.] (Chapter 24, Sec. 206.) § 1. That whenever the owners representing a majority of the area of land of any terri- tory within any city or village, and being upon the border and within the boundary thereof, not laid out into city or village lots or blocks, shall petition the city council of such city, or the trustees of such \411age, praying the disconnection of such territory therefrom, such petition shall be filed with the city clerk of such city, or the president of the trustees of such village, accompanied with the certificate of the county clerk, showing that all city taxes or assessments due up to the time of presenting such petition are fully paid, at least 30 days before the meeting of such city council or trustees at which it is proposed to present such petition, and the city clerk of such city, or president of the trustees of such village, shall present such petition to the city council or trustees, as the case may be, and upon such presentation the city council of such city, or trustees of such village, may in the discretion of such city council, or trustees of such vil- lage, by ordinance, to be passed by a majority of the members elected to such city council, or board of trustees, disconnect the territory described in such petition from such city or village: Pro- vided, however, that the territory so disconnected shall not thereby be exempted from taxation for the purpose of paying any indebted- ness contracted by the corporate authorities of such city or village while such territory was within the limits thereof, and remaining unpaid, but the same shall be assessed and taxed for the purpose of paying such indebtedness the same as if such territory had not been disconnected, until such indebtedness is fully paid. 155. Ordinance recorded.] § 2. A copy of the ordinance dis- connecting the territory from any city or village, certified by the clerk of such city, or president of the trustees of such village, shall be filed for record and recorded in the recorder's ofhce of the county in which such disconnected territory is situated, and a copy of such ordinance, so certified, shall be filed with the clrk of the county court of the county in which such disconnected territory is situated. 156. Judicial notice.] § 3. All courts in this state shall take judicial notice of cities and villages and changes made in their territory under this Act. 157. What Property Act applies.] § 4. This Act shall apply to and affect all cases where property has not been disconnected by such city council, or trustees of such village, whether application has been made for disconnection or not. ANNEXATION OF ONE CITY OR VILLAGE TO ANOTHER. 158. Law governing.] For the law governing the annexation of one city or village, or a part of one city or village to another city 50 ABSTRACT OF STATLTES or village, see Hurd's Statues of 1909, Chapter 24, page 371, Sections 211 to 233. For amendments thereto see Session Laws of 1911, page 133. BRIDGES AND FERRIES. 159. Bridges— ferries— limits.] (Chapter 24, Sec. 194.) § 1. That it shall be lawful for any city or village within this state to build, or acquire by purchase, lease or gift, and to maintain ferries and bridges, and the approaches thereto, for each ferry or bridge within the corporate limits, or within five (5) miles of the corporate limits of such city or village; also to construct, improve and maintain roads within five (5) miles of the corporate limits of such city or village connecting with such bridges or ferries on either side thereof; also to donate money to aid the township or townships in which such ferry, bridge or road connecting with the same is situated in building, con- structing or improving the same, and to issue the bonds of such city or village for such purpose. That all such ferries, bridges and roads shall be free to the public and no toll shall ever be collected by any such city or village authority: Provided, That where any city or village has become or is the owner of any toll bridges or ferries and is keeping up and maintaining the same by authority of law, all owner- ship and rights vested in such city or village shall continue in and be held and exercised by them, and they may from time to time fix the rates of toll on such bridges and ferries. CEMETERIES. 160. Power of city to establish cemetery.] (Chapter 21, Sec. 5.) § 1. That any city, village or township in this State may establish and maintain cemeteries, wdthin and without its corporate limits and acquire lands therefor, by condemnation or otherwise, and may lay out lots of convenient size for families ; and may sell lots for family burying ground, or to individuals for burial purposes: Provided, Associations duly incorporated under the laws of this State for ceme- tery purposes shall have the same power and authority to purchase lands and sell lots for burial purposes as are conferred upon cities, villages or townships under this Act. 161. Power of two or more cities to establish jointly.] §2. That any two or more cites, villages or townships in this State may jointly unite in establishing and maintaining cemeteries within and without the corporate limits of either, and acquire lands therefor in common, by purchase, condemnation or otherwise, and may lay out lots of convenient size for families, and inay sell lots for family burying ground or to individuals for burial purposes. 162. When cemetery may be removed — expense.] (Chapter 21, Sec. 2.) § 1. That whenever any cemetery shall be embraced within the limits of any town or city, it shall be lawful for the corporate ABSTRACT OF STATUTES 51 authorities thereof, if, in their opinion, any good cause exists why such cemetery should be removed, to cause the remains of all persons interred therein to be removed to some other suitable place: Pro- vided, said corporate authorities shall have first obtained the assent of the trustees or other persons having the control or ownership of said cemetery, or a majority thereof: And, provided, further, that when such cemetery is owned by one or more private parties, or private corporation or chartered society, the corporate authorities of such town or city may require the removal of such cemetery to be done at the expense of such private parties, or private corporation or chartered society, if such removal be based upon their application. CHANGE IN NAME. 163. Petition.] (Chapter 24, Sec. 234.) § 1. That whenever a petition, signed by the qualified electors of any city, incorporated town or incorporated village of this state, equal in number to one- half of those who voted for the officers therein at the last election, shall be presented to the corporate authorities of such city, town or village, praying that the name of such city, town or village may be changed, it shall be la\^^ul for such corporate authorities to make such change in the manner hereinafter prescribed. 164. Proceedings.] §2. Previous to the presentation of the peti- tion in the preceding section mentioned, the name proposed to be given to such city, town or village shall be filed in the office of the secretary of state, to be there retained for the period of at least sixty days, and upon application, the secretary of state shall, at any time after the filing of such name, grant a certificate, stating that such name has not been given to any other city, incorporated town or incorporated village or municipality, in this state, if such be the fact; but if such name has been adopted by any other city, town, village or municipality, as appears from information in his office, the secrtary of the state shall so notify the party or parties making such application, in which case another name shall be filed in his office, which name shall likewise remain for the like period of sixty days; and no petition shall be acted upon by said corporate authorities unless accompanied by the certificate of the secretary of state, set- ting forth that such name has not been adopted elsewhere in this state. 165. Duties of secretary of state.] § 3. The secretary of state shall, as soon as practicable after the passage of this Act, communi- cate with the clerks of the several counties of this State, and ascertain the names of all the cites, towns, villages or other municipal cor- porations therein, and arrange such names in alphabetical order for convenient reference. Such lists of names shall be kept filed in his office, and shall be changed whenever a change of name shall be effected under the provisions of this Act. 52 ABSTRACT OF STATUTES 166. Time of hearing to be fixed — notice.] § 4. At any meeting of the corporate authorities of any city, incorporated town or incor- porated village, after the presentation of the petition herein provided, such corporate authorities shall fix the time when such petition shall be considered, and order notice of the presentation thereof to be given by publishing such notice for three successive weeks in some news- paper having a general circulation in such city, town or village. Such notice shall state that a change of the name of such city, town or village has been prayed for, and the time when action on said petition will be had, at which time remonstrances, if any, will be heard. 167. Hearing petition and remonstrances.] § 5. At the time fixed in the notice provided for in the preceding section, or if, from any cause, action thereon is not taken, such petition praying for a change of name shall be, with all remonstrances, heard at any sub- sequent meeting of the corporate authorities of any such city, town or village; and if said corporate authorities are satisfied that such change of name is necessary and proper, they shall thereupon make an order changing the name of such city, town or village, and adopting the name prayed for in such petition. 168. Order filed with secretary of state — notice.] § 6. If said change of name is made, said corporate authorities shall cause a copy of the order making such change to be filed in the office of the secre- tary of state, who shall thereupon make known the fact of such change, by publication in some newspaper of the county in which such city, town or village is situated, and also in some newspaper in the city of Chicago; and all the courts of this state shall take judicial notice of the change thus made. 169. Rights saved.] § 7. Nothing in this Act contained shall affect the rights or privileges of such city, town or village, or those of any person, as the same existed before such change of name. And all proceedings pending in any court or place in favor of or against said city, town or village, may be continued to final consummation under the name in which the same was commenced. 170. When change void.] § 8. If the name of any such city, town or village shall be changed contrary to or without complying with the provisions of this Act, such change shall be void and held for naught in any court of competent jurisdiction in this state : Pro- vided, however, that all proceedings instituted or acts done under such name as changed shall be valid and binding if the same would have been valid and binding if done under the old name. All proceedings heretofore instituted or acts heretofore done by any city, town or village under the new name as changed, if the change shall be declared void, shall be held as good and valid as if done and perfonned under this Act. 171. Name of unincorporated town, etc.] § 9. When the plat of any unincorporated town or village shall be placed upon- record ABSTRACT OF STATUTES 53 in any county of this State, the Circuit Court of said county shall have power, at any regular term of said court, to change the name of such unincorporated town or village, upon the petition of a majority of the legal voters residing within the limits of such town or village : Provided, notice of the proposed change of name shall be filed in the office of the secrtary of state, as provided in section two of this Act. CIVIL SERVICE. 172. Commissioners appointed — oath.] (Chapter 24, Sec. 446.) § 1 . The mayor of each city in this state which shall adopt this Act as hereinafter provided shall, not less than forty nor more than ninety days after the taking effect of this Act in such city, appoint three persons, who shall constitute and be known as the Civil Service Commissioners of such city, one for three years, one two years and one for one year from the time of appointment and until their respec- tive successors are appointed and qualified ; and in every year there- after the mayor shall, in like manner, appoint one person as the suc- cessor of the commissioner whose term shall expire in that year to serve as such commissioner for three years and until his successor is appointed and qualified. Two commissioners shall constitute a quorum. All appointments to said commission, both original and to fill vacancies, shall be so made that not more than two members shall, at the time of appointment, be in embers of the same political party. Said commissioners shall hold no other lucrative office Or employment under the United States, the Stae of Illinois, or any municipal corporation or political division thereof. Each commis- sioner, before entering upon the duties of his office, shall take the oath prescribed by the Constitution of this State. 173. Removal of commissioners — vacancy.] § 2. The mayor may, in his discretion, remove any commissioner for incompetence, neglect of duty or malfeasance in office. The mayor shall within ten days report in writing any such removal to the city council, with his reasons therefor. Any vacancy in the office of commissioner shall be filled by appointment by the mayor. 174. Classification.] §3. Said commissioners shall classify all the offices and places of employment in such city with reference to the examinations hereinafter provided for, except those offices and places mentioned in section eleven of this Act. The offices and places so classified by the commission shall constitute the classified civil ser- vice of such city ; and no appointments to any of such offices or places shall be made except under and according to the rules hereinafter mentioned. 175. Rules.] § 4. Said commission shall make rules to carry out the purposes of this Act, and for examinations, appointments and removals in accordance with its provisions, and the commission may, from time to time, make changes in tjie original rules. 54 ABSTRACT OF STATUTES 176. Publication of rules — time of taking effect.] § 5. All rules made as hereinbefore i^rovided, and all changes therein shall forth- with be printed for distribution by said commission ; and the coinmis- sion shall give notice of the place or places where said rules may be obtained, by publication in one or more daily newspapers, ])ub- lished in such city, and in each such publication shall be specified the date, not less than ten days subsequent to the date of such pub- lication, when said rules shall go into operation. 177. Examinations.] § 6. All aplHcants for offices or places in said classified service, except those mentioned in section eleven, shall be subjected to examination, which shall be public, competi- tive and free to all citizens of the United States, with specified limi- tations as to residence, age, health, habits and moral character. Such examinations shall be practical in their character, and shall relate to those matters which will fairly test the relative capacity of the persons examined to discharge the duties of the positions to which they seek to be appointed, and shall include tests of physi- cal qualifications and health, and, when appropriate, of manual skill. No questions in any examination shall relate to political or religious opinions or affiliations. The commission shall control all exaininations, and may, whenever an examination is to take place, designate a suitable number of persons, either in or not in the oflficial service of the city, to be examiners, and it shall be the duty of such examiners, and, if in the official service, it shall be a part of their official duty, without extra compensation, to con- duct such examination as the cominission inay direct, and to make return or report thereof to said commission, and the commission mav at an\' tiine substitute any other person, whether or not in such ser\dce, in the place of any one so selected, and the commis- sion may theinselves at any time act as such examiners, and without appointing examiners. The examiners at any examination shall not all be members of the same political party. 178. Notice of examinations.] § 7. Notice of the time and place and general scope of e^'er}' examination shall be given by the com- mission by publication for two weeks preceding such examination in a daily newspaper of general circulation published in such city, and such notice shall also be posted by said commission in a con- spicuous place in their office for two weeks before such examination. Such further notice of examinations may be given as the commission shall prescribe. 179. Registers.] § 8. From the returns or reports of the exam- iners, or froin the examinations made by the commission, the com- mission shall prepare a register for each grade or class of positions in' the classified service of such city of the persons whose general average standing upon examination for such grade or class is not less than the minimum fixed b\- the rules of such commission, and who ABSTRACT OF STATUTES 55 are otherwise eligible, and such persons shall take rank upon the register as candidates in the order of their relative excellence as determined by examination, without reference to priority of time of examination. 180. Promotions.] § 9. The commission shall, by its rules, provide for promotions in such classified service, on the basis of ascertained merit and seniority in service and examination, and shall provide, in all cases where it is practicable, that vacancies shall be filled by promotion. All examinations for promotion shall be competitive ainong such members of the next lower rank as desire to submit themselves to such examination; and it shall be the duty of the commission to submit to the appointing power the names of not more than three applicants for each promotion having the highest rating. The method of examination and the rules govern- ing the same, and the method of certifying, shall be the same as provided for applicants for original appointment. 181. Appointments to classified service.] § 10. The head of the department or office in which a position classified under this Act is to be filled shall notify said commission of that fact, and said commissioners shall certify to the appointing officer the name and address of the candidate standing highest upon the register for the class or grade to which said position belongs, except that, in cases of laborers where a choice by competition is impracticable, said commission may provide by its rules that the selection shall be made by lot from among those candidates proved fit by examination. In making such certificate sex shall be disregarded, except when some statute, the rules of said commission, or the appointing power specifies sex. The appointing officer shall notify said commis- sion of each position to be filled separately, and shall fill such place b}' the appointment of the person certified to him by said commis- sion therefor, which appointment shall be on' probation for a period to be fixed by said rules. Said commission may strike off names of candidates from the register after they have remained thereon more than two years. At or before the expiration of the period of proba- tion, the head of the department or office in which a candidate is employed may, by and with the consent of said commission, dis- charge him, upon assigning in writing his reasons therefor to said com- mission. If he is not then discharged, his appointment shall be deemed complete. To prevent the stoppage of public business, or to meet extraordinary exigencies, the head of any department or office may, with the approval of the commission, make temporary appointment to remain in force not exceeding sixty days, and only until regular appointments under the provisions of this Act can be made. 182. Soldiers who are eligible to have their names placed at the head of the list.] § 10|. Persons who were engaged in the military 56 ABSTR \CT OF ST^TTTES or naval service of the United Slates during the years 1861, 1862, 1863, 1864 or 1865, and who were honorably discharged therefrom, shall be preferred for appointment to civil offices, pro\4ded they are found to possess the business capacity necessary for the proper discharge of the duties of such office, and it shall be the duty of the examiner or commissioner certifying the list of eligibles who have taken the examinations provided for in this Act, to place the name or names of such persons at the head of the list of eligibles certified for appointment. 183. Officers excepted from classified service.] § 11. Officers who are elected b>- the people, or who are elected by the city council pursuant to the city charter, or whose appointment is subject to confirmation by the city council, judges and clerks of election, mem- bers of any Board of Education, the superintendent and teachers of schools, heads of any principal department of the city, members of the law department, and one private secretary of the mayor, shall not be included in such classified serA'ice. 184. Removals.] § 12. No officer or employe in the classified civil service of any city who shall have been appointed under said rules and after said examination, shall be removed or discharged except for cause, upon written charges and after an opportunity to be heard in his own defense. Such charges shall be investigated by or before said civil service commission, or by or before some officer or board appointed by said commission, to conduct such investiga- tion. The finding and decision of such commission or investigating officer or board, when approved by said commission, shall be certi- fied to the appointing officer, and shall be forthwith enforced by such officer. Nothing in this Act shall limit the power of any officer to suspend a subordinate for a reasonable period, not exceeding thirty days. In the course of an investigation of charges each member of the commission, and of any board so appointed by it, and any officer so appointed shall have the power to administer oaths and shall have power to secure by its subpoena both the attendance and testimony of witnesses, and the production of books and papers relevant to such investigation. Nothing in this section shall be construed to require such charges or investigation in cases of labor- ers or persons having the custody of public money, for the safe keep- ing of which another person has given bonds. 185. Reports to conimission.] § 13. Immediate notice in writing shall be given b\- the appointing power, to said commission, and all appointments, permanent or temporary, made in such classi- fied civil service, and all transfers, promotions, resignations, or vacancies from any cause in such service, and of the date thereof; and a record of the same shall be kept by said commission. When any office or place of employment is created or abolished, or the compensation attached thereto altered, the officer or board making such change shall immediately report it in writing to said commission. ABSTRA CT OF STATUTES 57 186. Investigations.] § 14. The commission shall investigate the enforcement of this Act and of its rules, and the action of the examiners herein provided for and the conduct and action of the appointees in the classified service in its city, and may enquire as to the nature, tenure and compensation of all offices and places in the public service thereof. In the course of such investigation each commissioner shall have power to administer oaths, and said com- mission shall have power to secure by its subpoena both the attend- ance and testimony of witnesses and the production of books and papers relevant to such investigations. 187. Report by commission.] § 15. Said commission shall, on or before the fifteenth day of January of each year, make to the mayor for transmission to the city council a report showing its own action, the rules in force, the practical effects thereof, and any sug- gestions it may approve for the more effectual accomplishment of the purposes of this Act. The mayor may require a report from said commission at any other time. 188. Chief examiner.] § 16. Said commission shall employ a chief examiner, whose duty it shall be, under the direction of the commission, to superintend any examination held in such city under this Act, and who shall perform such other duties as the commission shall prescribe. The chief examiner shall be ex-officio secretary of said commission, under the direction of such commission; he, as such secretary, shall keep the minutes of its proceedings, preserve all reports made to it, keep a record of all examinations held under its direction, and perform such other duties as the commission shall prescribe. 189. Officers to aid — rooms.] § 17. All officers of any city which shall have adopted this Act shall aid said commission in all proper ways in carrying out the provisions of this Act, and at any place where examinations are to be held shall allow reasonable use of public buildings for holding such examinations. The mayor of such city shall cause suitable rooms to be provided for said com- mission at the expense of such city. 190. Salaries and expenses.] § 18. In cities having a popu- lation of one hundred thousand inhabitants, or more, each of said commissioners shall receive a salary of three thousand dollars a year ; the chief examiner shall receive a salary of three thousand dollars a year. Any person not at the time in the official service of the city, serving as a member of the board of examiners or of a trial board, shall receive compensation for every day actually and necessarily spent in the discharge of his duty as an exmainer or a member of the trial board, at the rate of five dollars per day, arid said commission may, in such city, also incur expenses not exceeding five thousand dollars per year, for clerk hire, printing, stationery and other inciden- tal matters. In cities having a population of fifty-thousand inhabit- 58 ABSTRACT OF STATUTES anis and less than one hundred thousand, such commissioners shall receive an annual salary of one thousand five hundred dollars each, the chief examiner shall receive an annual salary of one thousand five hundred dollars. Any person not at the time in the official service of the city, serving as a member of the board of examiners, or of a trial board, shall receive compensation for every day actually and necessarily spent in the discharge of his duty as an examiner or member of the trial board, at the rate of three dollars per day; and said commission inay, in such city, also incur expenses not exceeding three thousand dollars per year, for clerk hire, ]3rinting, stationery, and other incidental matters. In cities having a popu- lation of twenty-five thousand and less than fifty thousand inhabit- ants, such commissioners shall receive an annual salary of one thousand dollars each, and the chief examiner shall receive an annual salary of one thousand dollars. In cities having a population of less than twenty-five thousand inhabitants, such commissioners shall receive an annual salary to be fixed by the city council of such cities, not to exceed five hundred dollars each; the chief examiner shall re- ceive an annual salary to be fixed by the city council of such cities, not to exceed five hundred dollars. In cities having a population of less than fifty thousand inhabitants, any person, not at the time in the official service of the city, serving as a member of the board of examiners, or of a trial board, shall receive compensation for every day actually and necessarily spent in the discharge of his duty as an exaininer or member of the trial board, at the rate of two dollars per day, and said commission may, in such city, also incur expenses not exceeding two thousand dollars per year, for clerk hire, printing, stationery, and other incidental matters. 191. Appropriations.] § 19. A sufficient sum of money shall be appropriated each year by each city which shall adopt this Act, to carr\- out the provisions of this Act in such city. In such cities as shall have already made the annual appropriation for municipal pur- poses for the current fiscal year, the mayor is authorized and required to pay the salaries and expenses as herein provided for such fiscal year out of the moneys appropriated for contingent purposes by such municipality, or out of any moneys not otherwise appropriated. 192. Frauds prohibited.] § 20. No person or officer shall will- fulh- or corruptly by himself or in cooperation with one or more other persons, defeat, deceive or obstruct any person in respect to his or her right of examination, or corruptly or falsely mark, grade, estimate or report upon the examination or proi^er standing of any person examined hereunder or aid in so doing, or willfully or corruptly make any false representation concerning the same, or concerning the person examined, or willfully or corruptly furnish to any person any special or secret information for the ptirpose of either improving or injuring the prospects or chances of any person so ex- amined or to be examined, being appointed, employed or promoted. ABSTRACT OF STATUTES 59 193. No officer to solicit or receive political contributions.] § 21. No officer or employe of such city shall solicit, orally or by letter, or receive or pay, or be in any manner concerned in soHciting, receiving or paying, any assessment, subscription or contribution for any party or political purpose whatever. 194. No person to solicit political contributions from officers or employes.] § 22. No person shall solicit, orally or by letter, or be in any manner concerned in soliciting any assessment, contribu- tion or payment, for any party or any political purpose whatever from any officer or employe in any department of the city govern- ment of any city which shall adopt this Act. 195. Assessments and contributions in public offices forbidden.] § 23. No person shall in any room or building occupied for the dis- charge of official duties by any officer or employe in any city which shall adopt this Act, solicit orally or by written communication, delivered therein, or in any other manner, or receive any contribu- tion of money or other thing of value, for any party or political pur- pose whatever. No officer, agent, clerk or employe under the govern- ment of such city, who may have charge or control of any building, office or room, occupied for any purpose of said government, shall permit any person to enter the same for the purpose of therein solicit- ing or delivering written solicitations for receiving or giving notice of any political assessments. 196. Payments of political assessments to public officers pro- hibited.] § 24. No officer or employe in the service of such city shall, directly or indirectly, give or hand over to any officer or employe in said service, or to any senator or representative or alderman, councilman or commissioner, any money or other valuable thing, on account of or to be applied to the promotion of any party or political object whatever. 197. Abuse of official influence prohibited.] § 25. No officer or employe of such city shall discharge or degrade or promote, or in any manner change the official rank or compensation of an}^ other officer or employe, or promise or threaten to do so for giving or with- holding or neglecting to make any contribution of money or other valuable thing for any party or political purpose, or for refusal or neglect to render any party or political service. 198. Payment for places prohibited.] § 26. No applicant for ap- pointment in said classified civil service, either directly or indirectly, shall pa}' or promise to pay any money or other valuable thing to any person whatever for or on account of his appointment or proposed appointment, and no officer or employe shall pay or promise to pay, either directly or indirectly, any person any money or other valuable thing whatever for or on account of his promotion. 199. Recommendations in consideration of political services prohibited.] § 27. No applicant for appointment or promotion in 60 ABSTRACT OF STATITES said classified civil service shall ask for or receive a recommendation or assistance from any officer or einploye in said service, or of any person upon the consideration of any ]:)olitical service to be rendered to or for such person, or for the ]iromotion of such person to any office or appointment. 200. Abuse of political influence prohibited.] § 28. No person while holding any office in the government of such city, or in nomin- ation for, or while seeking a nomination for, or appointment to any such office, shall corruptly use or promise to use, either directly or in- dircctl^^ any official authority or influence (whether then possessed or inerely anticipated) in the way of conferring upon any person > or in order to sectire or aid any person in securing any office or public employment, or any nomination, confirmation, promotion or increase of salary upon the consideration or condition that the vote or political influence or action of the last named person or any other shall be given or used in behalf of any candidate, officer or party, or upon any other corrupt condition or consideration. 201. Auditing officer.] § 29. No accounting or auditing officer shall allow the claim of any public officer for services of any deputy or other person employed in the ptiblic service in violation of the i)ro- visions of this Act. 202. Appointments and removals to be certified to the comp- troller.] § 30. The commission shall certify to the comptroller or other auditing officers, all appointments to offices and places in the classified civil service, and all vacancies occurring therein, whether by dismissal or resignation or death, and all findings inade or approved by the commission under the provisions of section twelve of this Act, that a person shall be discharged from the classified civil service. 203. Comptroller to pay salaries only after certification.] § 31. No coiTLptroller or no other auditing officer of a cit}- which has adopted this Act shall approve the payment of, or be in any manner concerned in paying any salary or wages to any person for services as an officer or employe of such city, unless such person is occupying an office or place of employment according to the provisions of law and is en- titled to payment therefor. 204. Paymaster, etc., to pay salaries only after certification.} § 32. No paymaster, treasurer or other officer or agent of a cit}" which has adopted this Act shall willfully pay, or be in any manner concerned in paying any person any salary or wages for services as an officer or employe of such city, unless such person is occupying an office or place of employment according to the provisions of law and is entitled to payment therefor. 205. Compelling testimony of witnesses — production of books and papers.] § 33. Any person who shall be served with a subpoena to appear and testify, or to produce books and papers, issued by the commission or by any commissioner or by any board or ABSTRACT OF STATUTES 61 person acting under the orders of the commission in the course of an investigation conducted either under the provisions of section twelve or section fourteen of this Act, and who shall refuse or neglect to appear or to testify, or to produce books and papers relevant to said investigation, as commanded in such subpoena, shall be guilty of a inisdemeanor, and shall, on conviction, be punished as provided in section thirty-four of this Act. The fees of witnesses for attendance and travel shall be the same as the fees of witnesses before the circuit courts of this state and shall be paid from the appropriation for the expenses of the commission. Any circuit court of this state or any judge thereof, either in term time or vacation, upon application of any such com- missioner, or ofhcer or board, may in his discretion compel the at- tendance of witnesses, the production of books and papers, and giving of testimony before the commission, or before any such commissioner, investigating board or officer, by attachment for contempt or other- wise in the same manner as the production of evidence may be com- pelled before said court. Every person who, having taken an oath or made affimiation before a commissioner or officer appointed by the commission authorized to administer oaths shall swear or affirm willfully, corruptly and falsely shall be guilty of perjury and upon conviction shall be punished accordingly. 206. Penalties.] § 34. Any person who shall willfully, or through culpable negligence violate any of the provision of this Act or any rule promulgated in accordance with the provisions thereof, shall be guilty of a misdemeanor and shall, on conviction thereof, be punished by a fine of not less than fifty dollars and not exceeding one thousand dollars, or by imprisonment in the county jail for a term not exceeding six months or both, such fine and imprisonment in the discretion of the court. 207. Penalties — disqualification to hold office.] § 35. If any person shall be convicted under the next preceding section, any public office or place of public employment, which such person may hold shall, by force of such conviction, be rendered vacant, and such per- son shall be incapable of holding any office or place of public employ- ment for the period of five years from the date of such conviction. 208. What officers to prosecute.] § 36. Prosecutions for vio- lations of this Act may be instituted either by the Attorney General, the State's Attorney for the county in which the offense is alleged to have been committed, or by the commission, acting through special counsel. Such suits shall be conducted and controlled by the prose- cuting officers who institute them, unless they request the aid of other prosecuting officers. 209. Repeal. § 37. All laws or parts of laws which are incon- sistent with this Act, or any of the provisions thereof, are hereby repealed. 62 ABSTRACT OF STATUTES 210. Adoption.] § 38. The electors of any cily now existing^ or hereafter existing in this state, may adopt and become entitled to- the benefit of this Act, in the following manner: Whenever one thousand of the legal voters of such city, voting at the last pre- ceding election shall petition the judge of the county court of the county, in which such city is located, to submit to a vote of the elec- tors of such city the proposition as to whether such city and the electors thereof shall adopt and become entitled to the benefits of this Act, it shall be the duty of such county court to submit such propo- sition accordingly at the next succeeding general state, county or city election; and if such proposition is not adopted at such election, the same shall in a like manner be submitted to a vote of the electors of such city by such county court upon like application at any general state, county or city election thereafter, and an order shall be en- tered of record in such county court submitting such proposition as aforesaid. If one thousand shall exceed one-eighth of the legal voters of any such city voting at the last preceding election, then such petition or application need not be signed or made by more than one- eighth of the legal voters of such city voting at the last preceding election. 211. Notice.] § 39. The judge of such county court shall give at least ten days notice of the election at which such proposition is to be submitted by publishing such notice in one or more newspapers published within such city for at least five times, the first publica- tion to be at least ten days before the day of the election ; and if no- newspaper is published in such city, then by posting at least five copies of such notice in each ward at least ten days before such elec- tion. Such election shall be held under the election law in force in such city, except as herein otherwise provided. The proposition so to be voted for shall appear in plain, prominent type at the head of every ticket, and preceding the names of persons to be voted upon for any oflfice at such election. If a majority of the votes cast upon such proposition shall be for such propsition, this Act shall thereby be adopted by such city, and the mayor shall thereupon issue a procla- mation declaring this Act in force in such city. CONVEYING REAL ESTATE OR PERSONAL PROPERTY. 212. May sell real or personal estate no longer necessary.] (Chapter 24, Sec. 378.) § 1. That any city or village incorporated underany general or special law of this state, which shall have acquired or hold any real or personal estate for any purpose whatsoever, is. hereby authorized and empowered by ordinance passed by three- fourths of the members of the city council of any such city, or of the board of trustees of any such village, at any regular or at any special meeting called for such purpose, to sell such property when the same shall in the opinion of such majority of such city council or board of trustees, be no longer necessary, appropriate or required for ABSTRACT OF STATUTES 63 the use of such city or village, or profitable to, or its longer retention be for the best interests of such city or village. 213. What ordinance shall specify — notice of sale — opening of bids, etc.] § 2. Such ordinance shall specify the location of such real or personal estate, and the use thereof, of whatever kind the same may be, and before any sale shall be made under or by virtue of any such ordinance, by the city council of any such city or the board of trustees of any such village, such ordinance and proposal to sell shall be published in one of its daily or weekly papers for a period of not less than sixty days, and if no paper be published in such city or village, then it shall be published in some paper of general circu- lation in this state nearest to such city or village. Such notice shall contain an accurate description of such property, the purpose for which it is used, and at what meeting the bids will be considered and opened, and shall advertise for sixty days for bids therefor. All such bids shall be opened only at a regular meeting of such city council or board of trustees, and shall be accepted only upon a vote of three- fourths of the members of such city council or board of trustees: Provided, however, that the city council or board of trustees may, by a majority vote, reject any and all bids. 214. By whom and when conveyances to be made.] Upon any bid having been accepted, and the purchase price duly paid or secured, the mayor and city clerk, or the president of the board of trustees and the clerk of such board, shall have the power to convey such real or personal estate and transfer the same to such party or parties whose bids have been accepted, by proper deed or deeds of convey- ance, stating therein the price therefor, with the seal of the corpora- tion. CORRUPT PRACTICES OF OFFICERS. 215. Aldermen of cities.] (Chapter 102.) § 2. That it shall be and is hereby declared unlawful for any alderman of any city, or member of the board of trustees of any village of this state, during the term of office for which he is elected, to accept or be appointed to or hold any office, by the appointment of the mayor or president of the board of trustees thereof; and any and all such election or ap- pointment shall be absolutely null and void. 216. Not to be interested in contracts — not to act as attorney to procure — bribery.] § 3. It shall not be lawful for any person now or hereafter holding any office, either by election or appointment under the constitution of this state, to become in any manner in- terested, either directly or indirectly, in his own name or in the name of any other person or corporation, in any contract, or the perform- ance of any work in the making or letting of which such officer may be called upon to act or vote. And it shall not be lawful for any such officer to represent, either as agent or otherwise, any person, company or corporation, in respect of any application or bid for any 64 ABSTRACT OF STATUTES contract or work in regard to which such officer may be called upon to vote. Nor shall any such officer take or receive, or offer to take or receive, either directly or indirectly, an>' money or other thing of value, as a gift or bribe, or a means of influencing his vote or action in his official character ; and any and all contracts made and procured in violation hereof shall be null and void. 217. Penalty.] § 4. Any alderman, member of a board of trus- tees, supervisor or county commissioner, or person now or hereafter holding any office, either by election or appointment under the consti- tution of this state, or any law now or hereafter in force in this state, who shall violate any of the provisions of the preceding sections, shall be deemed guilty of a misdeiTieanor, and on conviction thereof may be punished by confinement in the pentitentiary for a term not less than one year nor more than five years, or fined in a sum not less than $200 nor more than $1,000, or both, in the discretion of the court before which such conviction shall be had; and in addition thereto, any office or official position held by any person or persons so convicted shall, by the fact of such conviction, become vacant, and shall be so declared as part of the judgment of court; and the person or persons so convicted shall be disqualified from holding any office or position of trust and confidence in this state for the per- iod of two years from and after the date of such conviction. 218. Bribery — punishment.] (Chapter 38.) § 31. Whoever corruptly, directly or indirectly, gives any money or other bribe, present, reward, promise, contract, obligation or security for the pajinent of any money, present, reward or any other thing, to any judge, justice of the peace, sheriff, coroner, clerk, constable, jailer, attorney-general, state's attorney, county attorney, member of the General Assembly, or other other officer, ministerial or judicial, or to any legislative, executive or other officer of any incorporated city, town or village, or any officer elected or appointed by virtue of an}^ law of this state, after his election or a])pointment, either before or after he is qualified, with intent to influence his act, vote, opinion, decision or judgment on any matter, question, cause or proceeding which may be then pending, or may by law come or be brought before him, in his official capacity, or to cause him to execute any of the pow- ers in him vested, or to perform any duty of him required, with par- tiality or favor, or otherwise than is required by law, or in consider- ation that such officer being authorized in the line of his duty to contract for any advertising, or for the furnishing of any labor or material, shall directly or indirectly arrange to receive, or shall re- ceive, or shall withhold from the parties so contracted with, any portion of the contract price, whether that price be fixed by law or by agreement, or in consideration that such officer hath nominated or appointed any person to any office, or exercise any power in him vested, or performed any duty of him required, with partialit}^ or favor, or otherwise contrary to law, the person so giving, and the ABSTRACT OF STATUTES 65 officer so receiving any money, bribe, present, reward, promise, con- tract, obligation or security, with intent or for the purpose or consid- eration aforesaid, shall be deemed guilty of bribery, and shall be punished by confinement in the penitentiary for a term not less than one year nor more than five years. 219. Offering to give or receive.] § 32. Every person who shall offer or attempt to bribe any member of the General Assem- bly, judge, justice of the peace, sheriff, coroner, clerk, constable, jailer, attorney general, state's attorney or other officer, ministerial or judicial, or any legislative, executive or other officer of any in- corporated city, town or village, or any officer elected or appointed by virtue of any law of this state, in any of the cases mentioned in the preceding section, and every such officer who shall propose or agree to receive a bribe in any of such cases, shall be fined not ex- ceeding $5,000. 220. Embezzlement.] (Chapter 38.) § 80. If any state, county, township, city, town, village or other officer elected or ap- pointed under the constitution or laws of this state, or any clerk, agent, servant or employe of any such officer, embezzles or fraudu- lently converts to his own use, or fraudulently takes or secretes, with intent so to do, any money, bonds, mortgages, coupons, bank bills, notes, warrants, orders, funds or securities, books of record, or of accounts or other property belonging to, or in the possession of the state or such county, township, city, town or village, or in the pos- session of such officer by virtue of his office, he shall be imprisoned in the penitentiary not less than one nor more than fifteen years. 221. Misconduct of officers — malfeasance.] (Chapter 38.) § 208 Every person holding any public office (whether state, county, or municipal), trust or employment, who shall be guilty of any palpable omission of duty, or who shall be guilty of diverting any public money from the use or purpose for which it may have been appro- priated or set apart by or under authority of law, or who shall be guilty of contracting, directly or indirectly, for the expenditure of a greater sum or ainount of money than may have been, at the time of making the contracts, appropriated or set apart by law, or author- ized by law to be contracted for or expended upon the subject mat- ter of the contracts, or who shall be guilty of willful and corrupt oppression, malfeasance or partiality, where no special provision shall have been made for the punishment thereof, shall be fined not exceeding $10,000, and may be removed from his office, trust or employment. (86 App., 174.) 222. Intoxication of officers, etc.] § 209. That any officer of a town, village, city, county or state, who shall be intoxicated while in discharge of the duties of his office, shall be fined for the first offense the sum of $10, and for the second offense the sum of $20, and for the third offense shall be guilty of a misdemeanor, and 66 ABSTRACT OF STATUTES on conviction of such misdemeanor, shall forfeit his office; and in such case the vacancy occasioned thereby shall be filled in the same manner as if such officer had filed his resignation in the proper office, and it had been accepted by the proper officer: Provided, such ac- ceptance shall have been necessary to make the office vacant. The penalties for the first and second offense given by this section, may be recovered in an action of debt, in the name of the People of the State of Illinois, before any justice of the peace of the proper county, and when collected shall be paid to the county superintendent where such ofifense shall have been committed, for the use of the school fund. 223. Furnishing liquor to prisoners.] § 210. Every person who procures for, furnishes or conveys to any prisoner confined in any jail or city prison, intoxicating or spirituous liquors, shall, upon conviction thereof, for each offense, be fined not exceeding $50, or imprisoned in the county jail not exceeding thirty days, or both, in the discretion of the court, which fine may be recovered in an action of debt, in the name of the People of the State of Illinois, before any justice of the peace of the county where said ofifense shall have been committed. All fines collected under the provisions of this section shall be paid into the common school fund of the proper county. 224. Extortion.] §211. If any judge, justice of the peace, sheriff, coroner, constable, police officer, clerk or other officer, state, county, town or municipal, executive, ministerial or judicial, shall willfully or corruptly receive or take any fee or reward to execute or do his duty as such officer, except such as is or shall be allowed by law, or if any such officer shall willfully or corruptly ask or demand as a condition precedent to the performance of his duty as such officer any fee or reward, except such as shall be allowed by law, every such officer so offending shall be fined not exceeding $200, and may be removed from office. 225. Shaving warrants, etc.] § 212. If any collector of taxes, county treasurer, or other person authorized to collect, receive or pay out any of the state, county, city or school revenues, shall directly or indirectly, by himself or his agent take, buy, shave, discount or receive any auditor's warrant, coiinty order; or jury certificate or city or school order at less than the full sum due thereon, or shall directly or indirectly receive any profit or advan- tage on account of any other person's buying, shaving or discount- ing any such warrant, order or jury certificate, such collector, treasurer or other person shall be liable in double the amount made thereb}^ to be recovered in an action of debt before any court of competent jurisdiction, one-half to the person complaining, and the other half to the school fund of the county where such collector, treasurer or other person may reside. ABSTRACT OF STATUTES 67 226. Penalty for taking illegal fees.] § 213. If any officer authorized by law to charge or receive fees, salary or pay, shall charge, claim, demand, or take any greater fee, salary or pay, than such as is by law allowed to him for the service performed, or shall charge, claim, demand or take any fee, salary or pay, or shall know- ingly charge any fee, salary or pay, when no fee, salary or pay is allowed him by law, or when the services for which such fee, salary or pay is charged, have not been performed by him, or by some other person for him, he shall, on conviction under this section, for the first offense, be fined in any sum not less than twenty-five dollars ($25), nor more than two hundred dollars ($200), and upon con- viction for a second or any subsequent offense under this section, he shall forfeit his office and shall be confined in the county jail not less than thirty days nor more than one year. (77 111., 596.) 227. Illegal fees — remedy.] §214. Any officer who violates the provisions of the preceding section shall, in addition to the penalty therein provided, be fined for each item so charged, collected or re- ceived, not less than $10, nor more than $100, to be sued for and recovered before any justice of the peace of the proper county, in action of debt, in the name of the People of the State of Illinois, and for the use of the person against whom such fee is charged, or from whom the same is received or collected. 228. Withholding funds.] § 215. If any state, county, town, municipal or other officer or person, who now is or hereafter may be authorized by law to collect, receive, safely keep or disburse any money, revenue, bonds, mortgages, coupons, bank bills, notes, warrants or dues, or other funds or securities belonging to the state, or any county, township, incorporated city, town or village, or any state institution, or any canal, turnpike, railroad, school or college fund, or the fund of any public improvement that now is or may hereafter be authorized by law to be made, or any other fund now in being or that may hereafter be established by law for public pur- poses or belonging to any insurance or other company or person, required or authorized by law to be placed in the keeping of any such officer or person, shall fail or refuse to pay or deliver over the same when required by law, or demand is made by his successor in office or trust, or the officer or person to whom the same should be paid or delivered over, or his agent or attorney, authorized in writing, he shall be imprisoned in the pentitentiary not less than one nor more than ten years: Provided, such demand need not be made when, from the absence or fault of the offender, the same cannot conveniently be made: And, provided, that no person shall be com- mitted to the penitentiary under this section, unless the money not paid over shall amount to $100, or if it appear that such failure or refusal is occasioned by unavoidable loss or accident. Every person convicted under the provisions of this section shall forever thereafter 68 ABSTRACT OF STATUTES be ineligible and disqualified from holding any office of honor or profit in this state. 229. Withholding records, etc., from successors.] § 216. If any person whose office shall be abolished by law, vacated or determined by removal from office, resignation, death, expiration of the time for which he was elected or appointed, or other cause, or his executors, administrators or other persons, shall willfulh' and unlaw- fully withhold or detain from his successor or other person entitled thereto by law, the records, papers, documents or other writings, or other articles of property appertaining or belonging to such office, or mvitilate, destroy or take away the same, the person so offending shall be imprisoned in the penitentiary not less than one year nor more than five years. DAMAGES BY MOBS. 230. City liable for three-fourths damages.] (Chapter 38. Sec. 256 a). § 1. That whenever any building or other real or personal property, except property in transit, shall be destroyed or injured in consequence of any mob or riot composed of twelve or more per- sons, the city, or if not in city, then the county in which such property was destroyed, shall be liable to an action by or in behalf of the party whose property was thus destroyed or injured for three- fourths of the damages sustained by reason thereof. 231. Action, how brought — judgment.] § 2. Such action may be brought in the fonn of an action on the case, or other appropriate action, and whenever any final judgment shall be secured against any such city or county in any such action, the same shall be paid in due course as in cases of other judgments. 232. When entitled to recover.] § 3. No person or incorpor- ation shall be entitled to recover in any such action if it shall appear on the trial thereof that such destruction or injury of property was occasioned, or in any way aided, sanctioned or permitted by the carelessness, neglect or wrongful act of such person or corporation; nor shall any person or corporation be entitled to recover any dam- ages for any destruction or injury of property as aforesaid, \mless such party shall have used all reasonable diligence to prevent such damage. 233. Action by party against persons engaged in riot — lien of city, etc.] § 4. Nothing in this Act shall be construed to prevent any person or corporation whose property has been injured or des- troyed in consequence of any mob or riot from having or maintain- ing an action or actions against any person or persons, engaged or in any manner participating in such mob or riot, for the recovery of the damages sustained thereby: Provided, that when such city or county shall have paid any part of such damages, such city or county making such payment shall have a lien to the amoimt so paid upon ABSTRACT OF STATUTES 69 any judgment or claim, against any person or persons engaged in, or in any manner participating in such mob or riot, together with the right and power to enforce and collect such judgment or claim, and when such city or county shall have been reimbursed, the money so paid by it, such portion of such judgment or judgments, or claim, or claims remaining unpaid shall then revert to, and become the pro- perty of, the original owner thereof, and such owner shall have the right to enforce and collect the same. 234. Action by city or county against persons engaged in riot.] § 5. It shall be lawful for the city or county against which a judg- ment or judgments for damages shall be recovered under the pro- visions of this Act, to bring an action or actions against any person or persons engaged or in any manner participating in said mob or riot, for the recovery of the amount of said judgment or judgments and costs, and such action shall not abate or fail by reasons of too many or too few parties defendant being named therein; the same shall to all intents and purposes be treated as an action of trespass brought by the owners of stich property, except that the statute of limitations as to such action shall not begin to run against said city or county until its liability is fixed by judgment as hereinbefore provided. 235. Notice of claim of damages — when action shall be brought.] § 6. No action shall be maintained under the provisions of this Act, by any person or corporation whose property shall have been destroyed or injured as aforesaid, unless notice of claim for damages be presented to such city or county within thirty days after such loss or damage occurs, and such action shall be brought within twelve months after such destruction or injury occurs, but nothing in this Act shall be construed as authorizing any recovery by the United States, the State of Illinois, or any county, for the destruction of or injury to property by mobs or riots. 236. When city or county settles claim.] § 7. Any city or county may settle with, and pay, the owner of any such property the damages so sustained; and any such city or county which shall have paid any sum under the provisions of this Act, whether by voluntary settlement or otherwise, may recover the same with all costs paid by it from any or all the persons engaged in the destruction or injury of the property so paid for. 237. Limitation on Suits.] (Chapter 70, Sec. 6.) § 1. No suit or action at law shall be brought or commenced in any cotu-t within this state for damages against any incorporated city, village or town by any person for an injury to his person unless such suit or action be commenced within one year from the time such injury was received or the cause of action accrued. 238. Notice to be given.] Sec. 2. Any person who is about to bring any action or suit at law in any court against any incorporated 70 ■ ABSTRACT OF STATUTES city, village or town for damages on account of any personal injury shall, within six months from the date of injury, or when the cause of action accrued, cither by himself, agent or attorney, file in the office of the city attorney (if there is a city attorney, and also in the office of the city clerk) a statement in writing, signed by such per- son, his agent or attorney, giving the name of the person to whom such cause of action has accrued, the name and residence of the person injured, the date and about the hour of the accident, the place or location where such accident occurred, and the name and address of the attending physician, if any. 239. Effect of failure to file notice.] § 3. If the notice provided for by section two of this Act shall not be filed as provided in said section two, then any such suit brought against any such city shall be dismissed and the person to whom any such cause of action accrued for any personal injury shall be forever barred from further suing. DRAM SHOPS. 240. How license may be granted.] (Chapter 43, Sec. 3.) § 1. That hereafter it shall not be lawful for the corporate authorities of any city, town or village in this state to grant a license for the keep- ing of a dram shop, except upon the payment, in advance, into the treasury of the city, town or village granting the license, such sum as may be determined by the respective authorities of such city, town or village, not less than at the rate of five hundred dollars ($500) per annum: Provided, that in all cases when a license for the sale of malt liquors only is granted, the city, town or village granting such license, may grant the saine on the payment, in advance, of the sum of not less than at the rate of one hundred and fifty dollars ($150) per annum: And, provided, further, that the city councils in cities, the board of trustees in towns, and president and board of trustees in villages, may grant permits to phannacists for the sale of liquors for medicinal, mechanical, sacramental and chemical purposes only, under such restrictions and regulations as may be provided by ordi- nance. (186 111., 162.) 241. Bond — how taken — suit on.] § 5. No person shall be licensed to keep a dram shop, or to sell intoxicating liquors, by any county board, or the authorities of any city, town or village, unless he shall first give bond in the penal sum of $3,000, payable to the People of the State of Illinois, with at least two good and sufficient sureties, freeholders of the county in which the license is to be granted, to be approved by the officer who inay be authorized to issue the license, conditioned that he will pay to all persons all damages that they may sustain, either in person or property, or means of support by reason of the person so obtaining the license selling or giving away intoxicating liquors. The officer taking such bond may ex- amine any person offered as security upon any such bond, under ADSTRACT OF STATUTES 71 oath, and require him to subscribe and swear to his statement in regard to his pecuniary abihty to become such security. Any bond taken pursuant to this section may be sued upon for the use of any person, or his legal representatives, who may be injured by reason of the selling or giving away any intoxicating liquor by the person so licensed, or by his agent or servant. 242. Prohibited within one and one-eighth miles of Soldiers' Home.] (Chapter 43, Sec. 21.) § 1. That it shall hereafter be un- lawful to sell, distribute or give away any intoxicating liquors within one and one-eighth miles of the boundary of any lands owned and used as a home by the national home for disabled volunteer soldiers in this state: Provided, This section does not affect the sale, distribu- tion or gift of such intoxicating liquors within the boundary of the grounds of such home. 243. Penalty for violating Act.] § 2. Any person, by himself, agent or employe, violating the provisions of the foregoing section of this Act, shall, upon conviction thereof, be punished by being fined in any sum not exceeding two hundred dollars, or shall be imprisoned in the county jail not inore than six months, or by the infliction of both such fine and imprisonment, in the discretion of the court, for each and every offense. POREIGN FIRE INSURANCE COMPANIES TAX ON FOR BENEFIT OF FIRE DEPARTMENT. 244. Foreign insurance companies to pay tax.] (Chapter 24, Sec. 420.) All corporations, companies and associations not incorporated under the law of this state, and which are engaged in any city, town or village organized under any general or special law of this state, in effecting fire insurance shall pay to the treasurer of the city, town or village for the maintenance, use and benefit of the fire depart- ment thereof, a sum not exceeding two per cent of the gross receipts received by their agency in such city, town or village ; and any city, town or village of less than fifty thousand inhabitants, having an .organized fire department, shall cause to be passed an ordinance pro- viding for the election of officers of such organized fire department, by the department, which shall include a treasurer, and make all such rules and regulations in respect thereof and the management of said fund as inay be needful; that in all such cities, towns or villages the treasurer shall pay such sum received from insurance companies to the treasurer of the fire department of the city, town or village in which it is collected. The treasurer of such fire department shall give a sufficient bond to the city, town or village in which such fire department is organized, to be approved by the president of the village, or mayor, as the case may be, conditioned for the faithful performance of his duties under the ordinances passed aforesaid by said city, town or village, and the treasurer of the fire department 72 ABSTRACT OF STATUTES shall receive the money so collected and shall pay out the same upon the order of the said fire department for the ]3urposes of the mainten- ance, use and benefit of such department: Provided, that in any city, town or villaj];c where a fireman's pension fund is or may be estab- lished under other laws of this state fifty per cent of the amount so collected shall be set apart and appropriated by the city, town or village to the fund for the pensioning of disabled and superannuated members of the fire department, and of the widows and orphans of deceased members of the fire department of cities, towns and villages having an organized fire department. Cities, towns and villages are hereby empowered to prescribe by ordinance the amount of tax or license fee to be fixed, not in excess of the above rate, and at that rate such corporations, companies and associations shall pay upon the amount of all premiums which, during the year ending on every first day of July, shall have been received for any insurance effected or agreed to be effected in the city, town or village, by or with such corporation, companies or association respectively. Every person who shall act in any city, town or village as agent or otherwise, for or on behalf of such corporation, company or association shall, on or before the fifteenth day of July, of each and every year, render to the city, town or village clerk a full, true and just account, verified by his oath, of all the premiums which, during the year ending on every first day of July preceding such report, shall have been received by him, or any other person for him, in behalf of any such corporation, company or association, and shall specify in said report the amounts received for fire insurance. Such agent shall also pay to the treasurer of such city, town or village, at the time of rendering the aforesaid re- port, the amount of rates fixed by the ordinance of the said cities, towns or villages, for which the companies, corporations or associa- tions represented by them are severally chargeable by virtue of this Act, and the ordinance passed in pursuance thereof. If such account be not rendered on or before the day herein designated for that pur- pose, or if the said rates shall remain unpaid after that day, it shall be unlawful for any corporation, company or association so in default to transact any business or insurance in any such city, town or village until the said requisition shall have been fully complied with ; but this provision shall not relieve any company, corporation or asso- ciation from the payment of any risk that may be taken in violation hereof. 245. Penalties.] § 2. Any person or persons violating any of the provisions of this Act shall be subject to indictment, and upon conviction thereof in an}" court of competent jurisdiction, shall be fined in any sum not exceeding one thousand dollars or imprison- ment in the county jail not exceeding six months, either or both, in the discretion of the court. The amount of said tax or license fee may be also recovered of said corporation, company or association, ABSTRACT OF STATUTES . 75 or its agents, by an action in the name and for the vise of any such city, town or village as for money had and received: Provided, that this Act shall only apply to such cities, towns and villages as have established and maintained, by and under municipal ordinances, a fire department for the prevention of fires. 246. Foreign insurance companies — license, etc. — penalties.] (Chapter 24, Sec. 110.) § 23. All corporations, companies or associa- tions not incorporated under the laws of this state, engaged in any city in effecting fire insurance, shall pay to the treasurer the sum of $2 upon the $100 of the net receipts by their agency in such city, and at that rate upon the amount of all premiums which, during the half year ending on every first day of July and January, shall have been received for any insurance effected or agreed to be effected in the city or village, by or with such corporations, companies or asso- ciations, respectively. Every person who shall act in any city or village as agent, or otherwise, for or on behalf of any such corpora- tion, company or association, shall, on or before the fifteenth day of July and January, in each year, render to the comptroller (if any ther.e be; if not, to the clerk) a full, true and just account, verified by his oath, of all premiums which, during the half year ending on every first day of July and January preceding such report, shall have been received by him, or any other person for him, in behalf of any such corporation, company or association, and shall specify in said accounts the amounts received for fire insurance. Such agents shall also pay over to the treasurer, at the time of rendering the aforesaid accovmt, the amount of rates for which the company or companies represented by them are severally chargeable by virtue hereof. If such account be not rendered on or before the day here- inbefore designated for that purpose, or if the said rates shall remain unpaid after that day, it shall be unlawful for any corporation, company or association so in default to transact any business of insurance in any such city or village, until the said requisitions shall have been fully complied with; but this provision shall not relieve any company from the payment of any risk that may be taken in violation hereof. Any person or persons violating any of the provisions of this section shall be subject to indictment and, upon conviction thereof, in any court of competent jurisdiction, shall be fined in any sum not exceeding $1,000, or imprisoned not exceeding six months, or both, in the discretion of the court. Said rates may also be recovered of such corporation, company or asso- ciation, or its agent, by action in the name and for the use of any such city or village, as for money had and received for its use : Pro- vided, that this section shall only apply to such cites and villages as have an organized fire department, or maintain some organization for the prevention of fires. 74 ABSTRACT OF STATUTES FIRI-: AND POLICE COMMISSIONERS. 247. Appointment of board of commissioners — terms of office.] (Chapter 24, Sec. 434 a). § 1. In every city in this state having a population of not less than (7,000) seven thousand nor more than (100,000) one hundred thousand, shall be appointed by the mayor, by and with the consent of the city council, a board of fire and police commissioners, consisting of three members, whose term of office shall be three years, and until their respective successors shall be appointed and qualified, except as hereinafter provided: Provided, no such appointments shall be made by any such mayor within thirty (30) days before the expiration of his term of office. 248. First appointments — terms of service.] § 2. The first appointments under this Act shall be made within thirty days after the mayor chosen at the election by which this bill may be approved shall have assumed the duties of his office. One of the members shall be then appointed to serve until the end of the then current municipal year next ensuing: Provided, That each of said members shall serve until his successor is appointed and qualified. 249. Qualifications of members — oath of office — bond — removal.] § 3. The members of said board shall possess the qualifications required of other officers of the city, shall take oath (or affirmation) of office and give bond in the same manner as other appointive officers of the city, and shall be subject to removal from office as such other officers. 250. Appointment of officers and members of the department- how made.] § 4. Such board of fire and police commissioners shall appoint all officers and members of the fire and police depart- ment of such city: Provided, That all appointments to such depart- ment other than that of the lowest rank, shall be from the rank next below that to which the appointment shall be made. This Act shall not include volunteer fire departments. 251. Board to make rules.] § 5. Such board of commissioners shall make rules to carry out the purpose of this Act, and for ap- pointments and removals in accordance with its provisions, and the board may, from time to time, make changes in such rules. 252. Rules to be printed for distribution — publication of notice.] § 6. All such rules and changes therein shall be forthwith printed for distribution, and such board shall give notice of the place or places where such printed rules may be obtained, by publication in the official paper of the city, if there be one, and if there be no official paper, then in a newspaper published in such city. In such publication shall be specified the date, not less than ten days subse- quent to the time of such pubh cation, when such rules shall go into operation. ABSTRACT OF STATUTES 75 253. Examination of applicants.] §7. All applicants for position in the fire and police department of such city, shall be subjected to examination, which shall be public, competitive and free to all persons possessing the right of suffrage in such city, subject to reason- able limitations as to residence, age, health, habits and moral char- acter. Such examinations shall be practical in their character, and shall relate to those matters which will fairly test the relative •capacity of the persons examined to discharge the duties of the posi- tions to which they seek to be appointed, and shall include tests of physical qualifications and health; but no such applicant shall be •examined concerning his political or religious opinions or affiliations. Such examination shall be conducted by said board of fire and police •commissioners. 254. Notice of time and place of examination.] § 8. Notice of the time and place of every examination shall be given by the board of publication for two weeks preceding such examination in the official paper of such city, and such notice shall also be posted in a conspicuous place in the office of said board for two weeks pre- vious to such examination. If there be no official paper of such city, such publication inay be made in any newspaper of general circulation published in such city. 255. Standing of those examined — how determined.] § 9. The board of fire and police commissioners shall prepare and keep a register of persons whose general average standing, upon examina- tion, is not less than the minimum fixed by the rules of such board, and who are otherwise eligible, and such persons shall take rank upon the register as candidates in the order of their relative excel- lence as determined by examination, without reference to priority •of time of examination. 256. Rules — examinations for promotions.] § 10. Such board ■of fire and police commissioners shall, by its rules, provide for pro- motion in the said department on the basis of ascertained merit and seniority in service and examination, and shall provide in all cases, where it is practicable, that vacancies shall be filled by promotion. All examinations for promotion shall be competitive among such members of the next lower rank as desire to submit themselves to such examination, and all promotions shall be made from the three having the highest rating. The method of examination and the rules governing the same shall be the same as provided for applicants for original appointment. 257. Temporary appointments.] § 11. Said board may, in order to prevent a stoppage of public business, to meet extraordi- nary exigencies, or to prevent material impairment of the police or fire department, make temporary appointments, to remain in force until regular appointments may be made under the provisions of this Act, and not in any event to exceed sixty days. 16 ABSTRACT OF STATUTES 258. Board may remove or discharge upon written charges.] § 12. No officer or member of the fire or police department of any- such city, who shall have been such for more than one year prior to the passage of this Act, or who shall have been appointed under the rules and examination provided for by this Act, shall be removed or discharged, except for cause, upon written charges, and after an opporttmity to be heard in his own defense. Such charges shall be investigated by such board of fire and police commissioners, and in case such officer or member be found guilty, such board may remove or discharge him, or may suspend him not exceeding ten days with- out pay. Such board of fire and police commissioners may suspend any officer pending such investigation, but not to exceed thirty days at any one time. In the conduct of such investigation each mem- ber of said board shall have power to administer oaths and affirma- tions, and said board shall have power to secure, by its subpoena, both the attendance and testimony of witnessess and the production of books and papers relevant to such investigation. 259. Board of commissioners to make annual report.] § 13. Such board of commissioners shall annually, at such time as the city council may provide, make to the mayor, to be by him transmitted to the city council, a report of its actings and doings, the rules in force and the practical effect thereof, and may in such report make such suggestions as such board believe will result in the greater efficiency of such departments. 260. Appointment and duties of secretary.] § 14. Such board may employ a secretary, or may designate one of its own members to act as such. He, as such secretary, shall keep the minutes of its proceedings, shall be the custodian of all papers pertaining to the business of such board, keep a record of all examinations held, and shall perform such other duties as such board shall prescribe. 261. Who may be member of such board.] § 15. No person holding any lucrative office under the United States, or this State, or any municipality, shall be a member of such board, and the ac- ceptance of such office by any such member shall be deemed and held as a resignation of the oflfice by such member. Not more than two members of such board shall belong to or be members of the same political party. 262. Rooms to be provided for such board.] § 16. The city council shall provide suitable rooms for such board of fire and police . commissioners, and shall allow all reasonable use of public buildings for holding examinations by such board. 263. Compensation of secretary and members of board.] § 17. The secretary shall be paid a resaonable compensation for his services, to be fixed b\^ the city council. The city council shall also fix the compensation to be paid to the members of said board, but until ABSTRACT OF STATUTES 77 the city council shall make provision therefor the members of said board shall serve without compensation. 264. Appeal may be taken from orders of such board.] § 18. An appeal may be taken from an order of such board by any person interested or affected thereby to the circuit court of the county in which said city may be located, by such person filing with the secre- tary of said board a bond with sufficient surety in the sum of one hundred dollars, conditioned that he will pay the costs of such appeal in case they should be adjudged against him, and by paying to said secretary the necessary fee for entering such appeal in such circtiit court within ten days after the entry of such order. The' secretary shall forthwith transmit to the circuit court a complete transcript of all matters and proceedings concerning the order ap- pealed from and the docket fee so deposited. (230 111., 496.) 265. How city may adopt provisions of this Act.] § 19. The electors of any city, of the population herein described, may adopt the provisions of this Act in the following manner: Whenever the legal voters of said city equal in number to twenty per cent of the legal votes cast at the last [preceding] general city election shall petition the city clerk, or the officer or officers whose duty it is to prepare the ballots, to submit the proposition as to whether such city shall adopt the provisions of this Act, then it shall be the duty of such officer or officers to submit such proposition accordingly at the next succeeding regular city election, and if Such proposition be not adopted at such election, the same may in like manner be submitted to any regular city election thereafter. The proposition so to be voted for shall be prepared and provided for that purpose in the same manner as other ballots, and shall be substantially in the following form : For the adoption of the provisions of an Act to provide for the appointment of a Board of Fire and Police Commis- sioners in all cities of this State hav- ing a population of not less than 7,000 and not more than 100,000, and pre- scribing the powers and duties of such board. YES NO If a majority of the votes cast in said city at said election shall be for such proposition, then this Act shall be declared adopted and in force in such city. FIREMEN AND POLICE RELIEF FUND. 266. How funds created.] (Chapter 24, Sec. 382.) § 1. That one-half of all the rates, taxes and Hcense fees which are, or may be 78 ABSTRACT OF STATUTES hereafter required by law, to be paid by corporations, companies, or associations not incorporated under the laws of this state, engaged in any village or city in this state, effecting fire insurance, and one- fourth of all moneys collected as tax on dogs, where such city or village contains a population of 10,000 or more, has a regularly organ- ized fire department, by such city or village, and all moneys received from fines inflicted upon members of the police and fire departments, for violation of the rules and regulations of the service, and all fines recovered for violation of the fire ordinances, and all moneys accru- ing from the sale of unclaimed stolen property, and (if authorized as. provided in Sections lA and IB) two per centum of all moneys re- ceived from licenses for the keeping of saloons or dramp shops, shall be set apart by the treasurer of the city or village, to whom the same shall be paid, as a fund for the relief of disabled members of the police and fire departments of such city or village. 267. Per cent from licenses for keeping of saloons, etc.] § la. In any city of over 10,000 inhabitants where it shall be authorized by a majority vote of the electors of such municipality, two per centum of all moneys received from licenses for the keeping of saloons or dram shops shall be also set apart in like manner for the fund above mentioned in this Act. 268. How city may adopt provisions of section la.] § lb. The electors of any city may adopt the provisions of section la of this Act in the following manner : Whenever twenty per cent of the legal voters of such incorporated city shall petition the city clerk, or the officer or officers whose duty it is to prepare the ballots, to submit the proposition as to whether such city shall adopt the provisions of Section la of this Act, then it shall be the duty of such officer or officers to submit such proposition accordingly at the next succeed- ing regular city election, and if such proposition is not adopted at such election the same may, in like manner, be submitted at any regular city election thereafter. The proposition so to be voted for shall be prepared and provided for that purpose in the same manner as other ballots, and shall be substantially in the following form: For the adoption of the provisions of an Act setting apart two per centum of moneys received by the city from licensing of saloons or dram shops for a pension fund for disabled members of the police and fire department. Yes. No. If a majority of the members of the number of votes cast in said city at the last general election shall be voted for such proposition, then Section la of this Act shall be declared adopted and in force in such citv. ABSTRACT OF STATUTES 79 269. Mayor, etc., trustees of fund.] § 2. The mayor or presi- dent of the board of trustees, the superintendent or chief officer of the police department, the fire marshal or chief officer of the fire department, and the chairman of the committee on police and fire and water, of the city council or board of trustees of the city or vil- lage, with the comptroller (if there be one) or city clerk and treastu^er, shall constitute and be a board by the name of the trustees of the police and firemen's relief fund, and the treasurer of the city or vil- lage, shall be custodian of the funds of said police and firemen's relief fund. The said board shall select from their number a president and secretary. 270. Board to control fund.] § 3. The said board shall have exclusive control and management of the fund mentioned in the first section of this Act, and of all money donated, paid, or assessed for the relief of disabled policemen or firemen, and shall have the power to assess each and every member of the police and fire depart- inents of such city or village, including all such persons who have become entitled to the benefits of this fund while such members of said police and fire departments, have not forfeited their rights to share in such benefits after leaving such departments as herein- after provided, not to exceed the sum of five dollars ($5.00) per annum, which shall be received and held by the treasurer of said relief fund, in like manner as the other moneys herein provided, to be paid to him; and any person who, having become entitled to the benefits of this fund, shall not within one month after notice in writing to him from said board of the assessment against him, pay the same, shall not be entitled to, or receive any benefits secured to him under the provisions of this Act, unless he shall make written application to the trustees of the fund to become a member thereof, and shall have by a majority vote of said trustees been admitted to membership in said organization, and upon his making payment of all delinquent assessments due by him accruing during his membership in such police or fire department. The said board may make all needful rules and regulations for its government in the discharge of its duties, and shall hear and decide all applications for relief under this Act, and its decisions on such applications shall be final and conclusive, and not subject to review or reversal except by the board : Provided, that nothing herein contained shall render the payment of any sum of money or annuity which may be awarded by the board, obligatory on the board, or chargeable against it as a legal right; but the board may, at any time in its discretion, order that such sums of money or annuity shall be reduced, or that payment of the same shall not be made. The board shall cause to be kept a record of all its meetings and proceedings. 271. Treasurer to give bond for fund.] § 4. The treasurer of the board shall be the custodian of the fund in the first section 80 ABSTRACT OF STATUTES of this Act mentioned, and of all moneys donated, paid or assessed towards or on account of the rcHcf fund hereby created, and shall secure and safely keep the same, subject to the control and direc- tion of the board, and shall keep his books and accounts in such a manner as may be prescribed by the board , and the same shall always be subject to the inspection of the board, or any member thereof. The treasurer shall, within ten days after his election or appointment, execute a bond to the city or village, as the case may be, with good and sufficient securities in such penal sum as the board may direct, to be approved by the board, conditional for the faithful performance of the duties of his office, and that he will safely keep and well and truly account for all moneys and property which may come to his hands as such treasurer, and that on the expiration of his term of office he will surrender and deliver over to his successor all unexpended moneys and all property which may have come to his hands as such treasurer. Such bond shall be filed in the office of the clerk of such city or village, and in case of a breach of the same, or the conditions thereof, suit may be brought on the same, in the name of such city or village, for the use of said board or of any person or persons injured by such breach. 272. Warrants drawn on treasurer.] § 5. It shall be the duty of the mayor and clerk, or the comptroller, if there be one, and the officer or officers of such city or \'illage, who are or may be authorized by law, to draw warrants upon the treasurer of such city or village, upon request made in writing by said board, to draw warrants upon the treasurer of such city or village, payable to the treasurer of said board, for the fund set aside by such city or village treasurer, as prescribed by the first (1) section hereof. 273. Permanent disability — death — annuity.] § 6. When, in the judgment of the board, a sufficient amount shall have accumulated in said fund to justify the application thereof to the use for which the same is hereby created, if any member of the poHce or fire de- partments, while in the actual perfomiance of duty, or other persons entitled to the benefits of this ftmd, as hereinafter provided, shall become permanently disabled, so as to render proper his retirement from membership, a smn not exceeding six hundred dollars ($600) per annum, or such less sum as in the judgment of the board the fund will justfy, shall be paid to such member out of said fund; or if any member, while in the actual discharge of duty shall be killed, or shall die from the immediate effects of an injiu-y received by him while in such discharge of duty, or shall die after ten years' ser\'ice in the police or fire departments, and shall leave a widow, or if no widow, any child or children under the age of sixteen (16) years, a sum not exceeding six hundred dollars ($600) per annum, or such less sum as, in the judgment of the board, the condition of the fund will ABSTRACT OF STATUTES 81 justify, shall be paid to such widow so long as she shall remain un- married, or to such child or children while under the age of sixteen years. 274. Who may obtain benefits.] § 7. Any person who shall have served in either the police or fire departments of said city or inllage for the full term of ten (10) years, and shall have paid into the fund hereby provided for, all assessments regularly made upon hiin by the board of trustees as required by this Act, and the regu- lations of the said board of trustees passed in pursuance of this Act, and shall have complied with all the rules and regulations lawfully established b}^ the board of trustees in the same manner as if such person was an active member in said police or fire department, may continue his membership in this organization, and be entitled to the benefits of this fund after he shall have ceased to be a member in either said police or fire department, by complying with all the pro- visions of this Act, relative to the payment of assessments, etc., the same as prior to his ceasing to be a member of said departments, and the widow or children of such person shall be entitled to all benefits hereby secured to other members of this organization. 275. How money paid out.] § 8. All moneys ordered to be paid from said relief fund to any person or persons shall be paid by the treasurer of said board only upon warrants signed by the presi- dent of the board and countersigned by the secretary, and no warrant shall be drawn except by order of the board duly entered in the record of the proceedings of the board. In case the said relief fund, or any part thereof, shall, by order of the said board or other- wise be deposited in any bank, or loaned, all interest on money which may be paid, or agreed to be paid, on account of any such loan or de- posit shall belong to and constitute a part of said fund: Provided, that nothing herein contained shall be construed as authorizing the said treasurer to loan the said fund, or any part thereof, unless so authorized by said board. FIREMEN'S PENSION FUND BOARD OF TRUSTEES. 276. Fund how created — treasurer. (Chapter 24, Sec. 403.) § 1. That in all cities, villages or incorporated towns whose population exceeds five thousand, having a paid fire department, one (1) per centum of all revenues collected or received by such cities, villages or incorporated towns from licenses issued by such cities, villages or incorporated towns; also all fines imposed for violations of fire ordinances, the enforcement or correction of which may be charged to and be under the supervision of the chief officer or subordinate officers of such fire department, of any such cities, villages or incor- porated towns, shall be set apart by the treasurer of such cities, vil- ages or incorporated towns, to whom the same shall be paid as a fund for the pensioning of disabled and superannuated members of the fire 82 ABSTRACT OF STATUTES departments and of the widows and orphans and dependent parents of deceased members of the fire departnients of such cities, villages or incorporated towns. The treasurers of such cities, villages or incorporated towns shall be ex officio treasurers of such fund. In each city and village in this state whose population exceeds 5,000, wherein a fund has been set apart for the relief of disabled members, of the police and fire departments of such city or village, by virtue of an Act entitled, "An Act for the relief of disabled members of poHce and fire departments in cities and villages," approved May 24, 1877, in force July 1, 1877, as amended by Act approved May 10, 1901, in force July 1, 1901, one-half of all funds and property fomiing a part of such fund shall be transferred by the authorities having charge thereof to, and fonn part of the pension fund provided for in such cites and villages, under the provision of this Act. 277. Board of trustees of firemen's pension fund.] § 2. The treasurer, clerk, attorney, marshal ( r chief officer of the fire depart- ment, and the comptroller of such city, village or incorporated town, and two other persons, who shall be chosen from the active members of the fire department of such city, village or incorporated town, shall constitute and be a board by the name of the "board of trustees of the firemen's pension fund. ' ' The members of this board to be chosen from the active members of the fire department shall be elected by ballot at an annual election, at which election all active members of the fire department of said city, village or incorporated town shall be entitled to vote : Provided, that in any city, village or incorpor- ated town where there is no comptroller appointed or elected, that the mayor of such city, village or incorporated town shall be a mem- ber of such board. The election in this section provided for shall be held annually, on the third Monday in April, under the Australian ballot system, at such place or places in such city, village or incorporated town, under such regulations as shall be prescribed by the members of this board who are members of such board by reason of their official positions : Provided, however, that no person entitled to vote under the pro- visions of this section shall cast more than one vote at any such elec- tion. In the event of the death, resignation or inability to act of any member of said board, elected under the provisions of this sec- tion, the successor to such member shall be elected at a special election, which shall be called by said board, and shall be conducted in the same manner as are the annual elections hereunder. The said board shall select from their number a president and secretary: Provided, that in villages and incorporated towns the "board of trustees of the firemen's pension fund" shall consist of the president of the board of trustees, the town or village clerk, the town or village attorney, the chief officer o'' the fire department and two other per- sons who shall be chosen annually from the active members of the ABSTRACT OF STATUTES S3 fire department of such village or incorporated town. The two members of said board to be chosen from the active members of the fire department of said village or incorporated town to be elected in the manner provided for in this section for election of such members in cities. 278. Management of fund — assessment of members — deciding upon applications — record of meetings.] § 3. The said board shall have exclusive control and management of the fund mentioned in the first section of this Act, and of all money donated, paid, or assessed for the relief or pensioning of disabled, superannuated and retired members of the fire departments, their widows, minor children and dependent parents, and shall assess each member of the fire de- partment not to exceed one per centum of the salary of such member, to be deducted and withheld from the monthly pay of each member so assessed, the same to be placed by the treasurer of such city, village or incorporated town, who shall be ex officio, treasurer of such board, to the credit of such fund subject to the order of such board. The said board shall make all needful rules and regulations for its govern- ment in the discharge of its duties, and shall hear and decide all appli- cations for relief or pensions under this Act, and its decisions on such applications shall be final and conclusive, and not subject to review or reversal except by the board. The board shall cause to be kept a record of all its meetings and proceedings. 279. Rewards.] § 4. All rewards in moneys, fees, gifts and emoluments that may be paid or given for or on account of extra- ordinary services by said fire department, or any member thereof (except when allowed to be retained by petitive [competitive] award) , shall be paid into said pension fund. The said board of trustees may take by gift, grant, devise or bequest, any money, real estate, per- sonal property or other valuable thing, the annual income of which shall not exceed one hundred thousand dollars ($100,000) in the whole; and such money, real estate, personal property, right of property or other valuable thing so obtained ; also all fines and penal- ties imposed upon members of such fire department, shall in like manner be paid into said pension fund and treated as a part thereof, for the use of such pension fund: Provided, that when the sum of $200,000 shall be received and accumulated, in cities having a population of over 100,000; and when $50,000 shall be received and accumulated in cities having a population of less than 100,000 and more than 75,000 ; and when $25,000 shall be received and accumulated in cities having a population of less than 75,000 and more than 25,000; and when $15,000 shall be received and accumulated in cities having a popula- tion of less than 25,000 and more than 5,000, such sums shall in each case be retained as a permanent fund, and thereupon and thereafter the annual income of each such fund, and any excess thereof, in each such case, shall be available for the uses and purposes of such pension fund. 84 ABSTRACT OF STATUTES 280. Power of board to draw fund — investing same — deposit of securities.] $ 5. The said board of trustees shall have power to draw sueh ])ension fund from the treasury of such city, village or incorpor- ated town and may invest such fund, or any part thereof, in the name of the "board of trustees of the firemen's pension fund," in interest- bearing bonds of the United States, of the State of Illinois, of any county of this state, or of any township or of any municipal corpora- tion of the State of Illinois. And all such securities shall be deposited with the treasurer of said city, village or incorporated town as ex officio treasurer of said board, and shall be subject to the order of said board. 281. Interest from investment from fund.] § 6. The interest re- ceived from any such investment of said fund, after said fund shall have reached the simi of two l:mndred thousand dollars (S200,000), shall be applicable to the payment of pensions under this Act. 282. Retirement on account of physical or mental disability.] § 7. If any member of the fire department of any such city, village or incorporated town shall, while in the performance of his duty, be- come and be found, upon an examination by a medical officer ordered by said board of trustees to be physically or mentally permanently dis- abled, by reason of service in such fire department, so as to ren- der necessary his retirement from ser\4ce in said fire department, said board of trustees shall retire such disabled member from service in such fire department : Provided, no such retirement on account of dis- ability shall occur unless said member has contracted said disability while in the service of such fire department. Upon such retirement the said board of trustees shall order the pa>'ment to such disabled member of such fire department, monthly, from said pension fund, a sum equal to one-half the monthly compensation allowed to such member as a salary at the date of his retirement. 283. Death while in the service, etc. — pension to widow — minor children — dependent parents — when fund insufficient.] § 8. If any member of such fire department shall, while in the service of such fire department, be killed or die as the result of injuries received while in such service, or of any disease contracted by reason of his occupation, or if any member of such fire department shall, while in said service, die from any cause while in said service, or during re- tirement, or after retirement, after 22 years' service as hereinafter provided, and shall leave a widow, minor child or minor children under sixteen years of age, or dependent father or mother sur^dving, said board of trustees shall direct the pa\niient from said pension fund of the following sums monthly, to-wit : To such widow, while umnarried, thirty-five dollars; to the guardian of such minor child or children, eight dollars for each of said children, until it or they reach the age, of sixteen years; to the dependent father, or dependent mother, of such firemen, twenty-five dollars each: Provided, it shall be proven that the deceased fireman, at the time of his death, was the sole and ABSTRACT OF STATUTES 85 only support of such parent or parents. Where the wife of such de- ceased fireman shall have died, either prior or subsequent to the death of such fireman, leaving a minor child or children, the said board shall pay to the duly appointed guardian of such child or children, for their support and maintenance, until it or they shall have reached the age of sixteen years, to each, the sum of fifteen dollars per month : Pro- vided, however, that there shall not be paid to the family or depend- ents of any such member, a total pension exceeding one-half the amount of the annual salary of such deceased fireman at the time of his decease ; or, if a retired member, a sum not exceeding one-half the amount of the annual salary of such retired member at the date his retirement. If at any time there shall not be sufficient money in such pension fund to pay each person entitled to the benefits there- of, the full amount per month, as hereinbefore provided, then, and in that event, an equal percentage of such monthly payments shall be made to each beneficiary thereof, until the said fund shall be replen- ished to warrant the payment in full to each of said beneficiaries. 284. Beneficiaries under prior Act.] § 9. The widows and orphans of deceased firemen and retired members of the fire depart- ment, who are now entitled to pension or annuity under the pro- visions of an Act entitled "An Act for the relief of disabled members of police and fire departments in cities and villages," approved May 24, 1877, as amended, shall be entitled to the benefits, pensions and annuities provided for by this Act : Provided, such persons shall there- upon cease to receive pensions, relief or benefits under said Act of May 24, 1877. 285. Retirement after twenty-two years' service, etc.] § 10. Any member of the fire department of any such city, village or incor- porated town, after having served twenty-two years or more in such fire department, of which the last two years shall be continuous, may make application to be relieved from such fire department, or if he shall be discharged from such fire department, the said board of trus- tees shall order and direct that said person shall be paid a monthly pension equal to one-half the amount of salary attached to the rank which he may have held in said fire department at the date of his re- tirement or discharge ; and the said board upon the recommendation of the fire marshal or the chief officer of any fire department pro- vided for in this Act shall have the power to assign members of the fire department retired or drawing pensions under this Act, to the performance of light duties in such fire department in case of extra- ordinary emergencies. After the decease of such member, his widow, minor child or children, under sixteen years of age, his dependent parent or parents, if any surviving him, shall be entitled to the pen- sion provided for in this Act, but nothing in this or any other section of this Act shall warrant the payment of any annuity to any widow of a deceased member of such fire department after she shall have remarried. 86 ABSTRACT OF STATUTES 28:. To whom Act applies.] § 11. This Act shall apph^ to all persons who are now or shall hereafter become members of such fire departments and to all persons who are now beneficiaries of the fire- men's pension fund and all such persons shall be eligible to the benefits secured by this Act. 287. Treasurer of board — custodian of fund — book and accounts - bonds.] § 12. The treasurer of the l)oard shall be custodian of said pension fund and shall secure and safely keejj the same subject to the control and direction of the board; and shall keep his books and ac- counts concerning said fund in such a manner as inay be prescribed by the board; and the said books and accounts shall always be subject to the inspection of the board or any member thereof. The treasurer shall within ten days after his election or appointment, execute a bond to the city, village or incorporated town, with good and sufficient securities, in such penal sum as the board shall direct, to be approved by the board conditioned for the faithful performance of the duties of his office, and that he will safely keep and well and truly account for all moneys and property which may come into his hands as such treasurer; and that on the expiration of his term office he will sur- render and deliver over to his successor all unexpended moneys and all property which may have come to [into] his hands as treasurer of such fund. Such bond shall be filed in the office of the clerk of such city, village or incorporated town, and in ease of a breach of the same, or the conditions hereof, suit may be brought on the same in the name of such city, village or incorporated town, for the use of said board, or of any person or persons injured by such breach. 288. Duty of mayor, etc., to draw warrants.] § 13. It shall be the duty of the mayor, or the president of the board of trustees and cleriv, or the comptroller, if there be one, and the officer or officers of such city, village or incorporated town who are or may be authorized by law to draw warrants upon the treasurer of such city, village or in- corporated town, upon request made in writing by said board, to draw warrants upon the treasurer of such city, village or incorporated town, payable to the treasurer of said board for all funds in the hands of the treasurer of such city, village or incorporated town belonging to said pension fund. 289. Money paid only upon warrants signed, etc.— interest from fund.] § 14. All moneys ordered to be paid from said pension fund to any person or persons shall be paid by the treasruer of said board only upon warrants signed by the president of the board and counter- signed by the secretary thereof ; and no warrant shall be drawn except by order of the board duly entered in the records of the proceedings of the board. In case the said pension fund or any part thereof shall, by order of said board or otherwise, be deposited in any bank, or loaned, all interest or money which may be paid or agreed to be paid on account of any such loan or deposit, shall belong to and constitute ABSTRACT OF STATUTES 87 a part of said fund : Provided, that nothing herein contained shall be cons rued as authorizing said treasurer to loan or deposit said fund or any part thereof, unless so authorized by the board. 290. Report of board of conditions of fund.] §15. The board of trustees shall make report to the council of said city, village or incor- porated town, of the condition of said pension fund on the first day of January in each and every year. 291. Fund not subject to levy either before or after order of distribution, etc.] § 16. No portion of said pension fund shall, either before or after its order of distribution by said board to such disabled members of said fire department, or to the widow, or guardian of such minor child or children, or to the dependent parent or parents, of a deceased or retired member of such department, be held, seized, taken, subject to, or detained or levied on by virtue of any attach- ment, execution, injunction, writ, interlocutory or other order or decree, or any process or proceeding whatever issued out of or by any court of this state for the payment or satisfaction in whole or in part of any debt, damages, claim, demand or judgment against any such member, or his said widow, or the guardian of said minor child or children, dependent parent or parents, of any deceased member ; but the said fund shall be sacredly held, kept, secured and distributed for the purposes of pensioning the persons named in this Act, and for no other purpose whatever. 292. Repeal.] § 17. All acts or parts of acts inconsistent with this Act are hereby repealed. POLICE PENSION FUND. 293. How fund created.] (Chapter 24, Sec. 402a.) § 1. That in all cities, villages and incorporated towns having a population of not less than 20,000 and not more than 50,000 inhabitants, said population to be determined by the United States government statis- tics, there shall be set apart the following moneys to constitute a police pension fund : First — Three-fourths of all moneys received for licenses upon dogs. Second — Two per cent of all moneys received from licenses for the keeping of saloons, dram shops and wholesale liquor houses. Third — All moneys received for special detail of police officers. Fourth — Ten per cent of all fines collected for violations of city or- dinances. Fifth — One per cent per month, which shall be paid or deducted from the pension of every police pensioner of such city, village or town. Sixth — All moneys received from fines imposed upon members of the police department of such city, village or town for violation of the rules and regulations of police department. 88 ABSTRACT OF STATUTES Seventh — All rewards given or paid to members of such police force except such as shall be excepted by the board of trustees of the police pension fund. Eighth — One per cent per month, which shall be paid or deducted from the salary of each and every member of the police department of such city, village or incorporated town : Provided, however, the sum so received shall in no case exceed $1.00. Ninth — Ten per cent of all revenues collected from licenses by such city, village or incorporated town not heretofore mentioned in this bill. Tenth — All moneys that may have been accimiulated by such city, village or town in confonnity with any previous legislation establish- ing a fund for the benefit of disabled or superannuated policemen, and one-half of all the funds accumulated in any such city, village or town for the benefit of disabled or superannuated police or firemen by vir- tue of any previous legislation: Provided, however, there shall not be collected in any city, village or incorporated town in any year more than $2,500, and should it be necessary to reduce the collections as above provided the reduction shall be made from the amotmt col- lected from dram shop licenses. 294. Board of trustees of police pension fund.] § 2. A board composed of three members, residents of such city, village or town, to be chosen as hereinafter provided, shall be and constitute a board of trustees to provide for the disbursement of said fund and designate the beneficiaries thereof as herein directed, which board shall be known as the board of trustees of the police pension fund of such city, village or town. Two of said board shall be appointed by the mayor of such city, village or town. One of said members shall serve for the period of one year, beginning on the second Tuesday of the first Ma}" after the passage of this Act, it having been determined that such city, village or town is within the provisions of this Act; or, beginning on the second Tuesday in May, as soon after the passage of this Act as any city, village or town, not at this time within the provisions of this Act, may by virtue of having attained the necessary population, come within the provisions of this Act. One of said members shall serve for a period of two years, beginning on the same date. The successors to any of the foregoing trustees shall serve for a period of two years each, or until such time as their successors are appointed and qualified. The other person who, with the members above desig- nated, shall con titute said board, shall be elected from the regular police force or from the beneficiaries under the provisions of this Act. The member to be elected shall be elected by ballot at a regular elec- tion, as aforesaid, at which election all members of the regular police force and all beneficiaries of lawful age shall be entitled to vote. The election provided for in this section shall be held annually on the third Monday in April, under the Australian ballot system, at such place or places in such city, village or town, under such regulations ABSTRACT OF STATUTES 89 as shall be prescribed by the appointed members of said board : Pro- vided, however, that no person entitled to vote, under the provisions of this Act, shall cast more than one vote at any such election. In the event of the death, resignation or inability to act of any member of said board, elected under the provisions of this section, the suc- cessor of such member shall be elected at a special election, which shall be called b}^ said board and shall be conducted in the same man- ner as are the annual elections provided for above. Suitable rooms for offices and meetings of such board shall be assigned by the mayor or city council of such city, village or town. Who shall be pensioned — service for twenty years, etc.] § 3. Whenever any person who, at the time of the taking effect of this Act, is a member of a regularly constituted police force of such city, village or town, or who shall thereafter become a member of such a police force, shall have served for the period of twenty years or more upon the regularly constituted police force of such city, village or town of this State, said board shall, subject to the provisions of this Act, order and direct that such person, after becoming fifty years of age and his service on such police force shall have ceased, shall be paid from such fund a yearly pension equal to one-half of the amount of salary at- tached to the rank which he may have held on such police force for one year immediately prior to the time of such retirement: Provided, however, the maximum of said pension shall not exceed the sum of $600.00 per year, and after the decease of such member his widow or minor child or children under sixteen years of age, if any survive him, or dependent parent if such there be, shall be entitled to the pension provided for in this Act, of such a deceased husband, father or son. But nothing in this or any other section of this Act shall warrant the payment of any annuity to any widow, child or depend- ent parent of a deceased member after she or he shall have married or remarried after the decease of such policeman. Nor shall any part of this section or any other section in this Act be so construed as to necessitate the retirement of any capable policeman at the age of fifty years. 295. Physical disability. § 4. Whenever any policeman while serving as such, in any such city, village or town, shall become physic- ally disabled while in and in consequence of the performance of his duty as such policeman, to such an extent as to necessitate his sus- pending the performance of his duty on such police force, or retire- ment from the poHce force, said board shall order and direct that he be paid from said fund a pension of one-half of the amount of the salary attached to the rank which he may have held on said police force at the time of his so suspending performance of his duty or his retirement : Provided, that the maximimi sum of such pension shall not exceed the sum of $600.00 per year. And, provided, further, that whenever such disability shall cease and said policeman shall 90 ABSTRACT OF STATUTES resume the performance of his duty on said police force such pension shall cease. 296. Certificate.] § 5. No person shall receive any benefits from said fund, unless there shall be filed with said board certificates of his disability, which certificate shall be subscribed and sworn to by said person and by the police surgeon (if there be one) , and two prac- ticing physicians of such city, vilage or town, and such board may require other evidence of disability before ordering such payment, as aforesaid. 297. Death in performance of duty — pension to widow — death in service.] § 6. Whenever any member of the police force of any city, village or town shall lose his life while in the performance of his duty or receive injuries from which he shall thereafter die, leaving a widow, or child, or children under the age of sixteen years, or parent who is dependent upon such policeman for maintenance and support, then, upon satisfactory proof of such facts made to it, such board shall order and direct that a yearly pension equal to one-half the salary received by said member, not to exceed $600.00 per year, shall be paid to such widow during her life, or if there be no widow then to such child or children until they shall be sixteen years of age, or if there be no widow or child under the age of sixteen years, then to such parent, if such there be, as is dependent upon such policeman for their sup- port : Provided, if such widow, child or chilclren or dependent parent shall marry, then such person so marrying shall thereafter receive no pension from this fund: And, provided, further, that whenever any member of the police force of such city, village or town shall have retired or shall have been retired after twenty years' service or on account of being physically disabled, shall then marry, such wife or child or children or dependent parent of such policeman, shall after his death, receive no pension from said fund. Whenever any mem- ber of a police force shall die after ten years' service therein and while still in the service of such city, village or town, leaving a widow or child or children under the age of sixteen years or dependent parent upon such policeman for their maintenance and support, then upon satis- tory proof of such facts made to it, said board shall order and direct that a pension equal to one-half of the salary of such policeman : Pro- vided, however, that the sum shall not be more than $600.00 ]3er year, shall be paid to such widow, or, if there be no widow, then to such child or children until they shall be sixteen years of age, or if there be no widow, or child under the age of sixteen years, then to such parent or parents as is or are dependent upon such policeman for their support, said pension to cease upon the marriage, as is here- tofore provided. 298. Reporting to chief for examination service in case of emer- gency.] § 7. Any policeman suspending the performance of his duty on account of disability may be summoned to appear before the ABSTRACT OF STATUTES 91 board, herein provided for, at any time thereafter, and shall submit himself thereto for examination as to his fitness for duty, and shall abide by the decision and order of such board with reference thereto, and all members of the police force who may be retired under the provisions of this Act, except those who voluntarily retire after twenty years' service, shall report to the chief of police or the chief officer of the police department of the city, village or town where so retired on the second Tuesday of each and every month, and in, case of emer- gency may be assigned to and shall perform such duty as said chief of police or said chief officer may direct; and such person shall have no claim against the city, village or town for payment for such duty so performed. 299. Pensioners living outside state.] § 8. No pensioner under the provisions of this Act shall reside outside of the State of Illinois, except such as have satisfied the board of trustees of the police pension fund that their health is of such a nature as to render further residence in this climate hazardous, in which case such pensioner must, from time to time, furnish to the said board such proof and affidavits that they are complying with all the provisions of this Act as the board may require. 300. Pension lost by crime.] § 9. Whenever any person, who shall have received any benefits from said fund, shall be convicted of any felony or shall become an habitual drunkard or shall become a non-resident of this State, except as is heretofore provided, or shall fail to report himself, if physically able, for examination for duty as required herein, unless excused by the board, or shall disobey the requirements of said board under this Act, in respect to said examina- tion or duty, or the orders of the chief of police, then such board shall order that such pension allowance, as may have been granted to such person shall immediately cease and determine, and such person shall receive no further pension, allowance or benefit under this Act. 301. Meeting of board — officers — certificate — record — list of pensioners.] § 10. The board herein provided for shall hold quar- terly meetings on the second Tuesday of July, October, January and April of each eyar, and special meetings upon the call of the president of said board. On the second Tuesday of July of each year, it shall select one of its members who shall act as the president of such board for the period of one year, or until such time as his successor is elected and qualified. Said board shall on the same day also select another of its members who shall act as the secretary of said board, for the period of one year or until such time as his successor is elected and qualified. Said board shall issue certificates signed by its president and secretary to the persons entitled thereto of the amount of money ordered paid to such persons from said fund by said board, which certificates shall state for what purpose said payment is made. Said board shall keep a record of all its proceedings, which records shall 92 ABSTRACT OF STATUTES be a public record. Said board shall submit annually to the city- council of such city, a list of persons entitled to payments from the fund herein provided, stating the amount of such payments, and for what granted, as ordered by such board, which list shall be signed and certified by the secretary and president of such board, and attes- ted by such secretary under oath: Provided, that no resolution shall be passed or order made for the payment of money unless by the affirmative vote of a majority of the members of said board. 302. Powers of board.] § 11. In addition to the other powers herein granted, the following further powers and authority are here- by conferred upon said board : First — The said board shall have exclusive control and manage- ment of the fund mentioned herein, and of all moneys donated, paid or assessed for the relief or pensioning of disabled, superannuated and retired members of the police department, their widows, minor children and dependent parents, the same to be placed by the treas- urer of such city, village or town, to the credit of such fund subject to the order of such board. Second — Said board of trustees shall have the power to draw such pension funds from the treasurer or other officials of such city, village or town, and may invest such fund or any part thereof in the name of the board of trustees of the police pension fund in interest-bearing bonds of the United States, of the State of Illinois or of any county of this state, or of any township or municipal corporation of the State of Illinois, and all securities shall be deposited with the treas- urer of such city, town or village, and shall be subject to the order of said board. The interest received from any such investment of said fund shall be credited to the account of said pension fund. Third — To compel witnesses to attend and testify before it, upon all matters connected with the operation of this Act, in the same manner as is or may be provided by law for the taking of testimony before the masters in chancery, and its president, or any member of said board may administer oaths to such witnesses. Fourth — To appoint a clerk and define his duties. Fifth — To provide for the payment from said fund of all its neces- sary expenses, including clerk hire, printing and witness fees: Pro- vided, that no compensation or emolument shall be paid to any micm- ber of said board, for any duty required or perfonned under this Act. Sixth — To make all necessary rules and regulations, for its guid- ance in conformity with the provisions of this Act. 303. Report to board by treasurer.] §12. On the second Tuesdays in May of each year, the treasurer and all other officials of such city,. viPage or town, who have had the custody or possession of any such pension funds herein provided, shall make a sworn statement to the ABSTRACT OF STATUTES 93 board of trustees of such police pension fund, and to the mayor and council of such city, of all moneys received and paid out by such official on account of said pension fund during the year, and of the amount of said funds then on hand and owing to said pension fund. All surplus then remaining in said official's hand shall be paid by him to the treasurer of said city, village or town: And, provided, further, any official shall at any and all times upon demand by said pension board, furnish to said board, statement or information of any kind relative to said official method of collection or handling of said pension funds : And, provided, further, that all books and records of such official shall be produced at any time by said official for exam- ination and inspection by said board of pension trustees for the pur- pose herein provided. 304. Beneficiaries under this Act when not sufficient money.] § 13. All members of the police force and any widow or child or children or dependent pareijt of such members of any city, village or town, who after the taking effect of this Act shall be entitled to receive any benefits under the provisions of this Act, or who may thereafter become entitled to benefits under the provisions of this Act and to whom the board of trustees have ordered and directed such benefits to be paid, shall receive in twelve equal monthly installments each year, a sum in all aggregating the amount to which they are entitled under the provisions of this Act. Btit, if at any time there shall not be sufficient moneys belonging to this fund to pay the allowances of such board to its beneficiaries, then they shall be paid pro rata from said funds, but no allowance or order of such board shall be held to create any liability against any such city, village or town, except upon the fund so set apart as aforesaid for the payment thereof. HOSPITALS. 305. City, etc., may contribute to non-sectarian hospitals.] (Chap- ter 24, Sec. 148.) § 1. That it shall be lawful for any county or any city of this state to contribute such sum or sums of money towards the support of any non-sectarian public hospital for the sick or infirm, located within its limits, as the county board of the county, or city council of the city, shall deem discreet and proper. 306. Cities may maintain non-sectarian hospitals.] (Chapter 23, Sec. 149.) § 2. That the city council of each incorporated city of this state having a population of less than one hundred thousand (100,000) inhabitants shall have the power to establish and main- tain a non-sectarian public hospital for the use and benefit of the inhabitants of such city, and any person falling sick, or being in- jured or maimed within its Hmits, and may levy a tax not to exceed three mills on the dollar annually, on all taxable property of the city, such tax to be levied and collected in like manner with the general taxes of said city and to be known as the ' ' hospital fund ' ' : Provided, 94 ABSTRACT OF STATUTES that said annual hospital tax in cities of over fifteen hundred inhabi- tants shall not be included in the aggregate amount of taxes as- limited by section one of article eight of "An Act for the incorpora- tion of cities and villages," approved April 10, 1872, and the amenda- tory Act thereto or by any provision of any special charter under which any city in this state is now organized. 307. How established.] § 2. When one hundred legal voters of any such incorporated city shall present a petition to the city council of such city, asking that an annual tax may be levied for the estab- lishment and maintenance of a public hospital in such city, and shall specify in their petition a rate of taxation not to excceed two mills on the dollar, such city council shall instruct the city clerk to and such city clerk shall, in the next legal notice of the regular annual election in such city, give notice that at such election every elector may vote ' ' for a mill tax for a public hospital , " or " against a mill tax for a public hospital," specifying in such notice the rate of taxation mentioned in such petition ; and if the majority of all the votes cast in such city shall be ' ' for the tax for a public hos- pital, " the tax specified in such notice shall be levied and collected in like manner with other general taxes of said city, and shall be known as the "hospital fund," and thereafter the city council of such city shall include and appropriate in the annual appropriation bill such stim or sums of money as may be deemed necessary to defray- all necessary expenses and liabilities of such hospital. 308. Board of directors.] § 3. When any such city council shall have decided to establish and maintain a public hospital under this Act, the mayor of such city shall, with the approval of the city council, proceed to appoint a board of three directors, one of whom may be a woman, for the same, chosen from the citzens at large, with reference to their fitness for such office. 309. Director's term of office — removal.] § 4. Said directors, shall hold office one-third for one year, one-third for two years and one-third for three years from the first of July following their ap- pointment, and at their first regular meeting shall cast lots for the respective terms; and annually thereafter the mayor shall, before the first of July each year, appoint as before one director to take the place of the retiring director, who shall hold office for three years, and until his successor is appointed. The mayor may, by and with the consent of the city council, remove any director for misconduct or neglect of duty. 310. Vacancies — how filled.] § 5. Vacancies in the board of directors occasioned by removals, resignation or otherwise shall be reported to the city council and be filled in like manner as original appointments, and no director shall receive compensation as such and shall not be interested, either directly or indirectly, in the pur- chase or sale of any supplies for said hospital. ABSTRACT OF STATUTES 95 311. Organization and power of board,] § 6. Said directors shall immediately after appointment, meet and organize by the elec- tion of one of their number president," and one as secretary, and by the election of such other ofhcer as they may deem necessary. They shall make and adopt such by-laws, rules and regulations for their own guidance and for the government of the hospital as may be expedient, not inconsistent with this Act and the ordinances of the said city. They shall have the exclusive control of the expenditures of all moneys collected to the credit of the "hospital fund," and of the construction of any hospital building, and of the supervision, care and custody of the grounds, rooms or buildings constructed, leased or set apart for the purpose: Provided, that all moneys received for such hospital shall be deposited in the treasury of said city to the credit of the" hospital fund," and drawn upon by the proper officers of said city upon the properly authenticated vouchers of the hospital board. Said board shall have the power to purchase or lease ground, to occupy, lease or erect an appropriate building or buildings for the use of said hospital; shall have power to appoint a suitable super- intendent or matron, or both, and necessary assistants, and fix their compensation, and shall also have power to remove such appointees; and shall, in general, carry out the spirit and intent of this Act in establishing and maintaining a public hospital, and one or all of said directors shall visit and examine said hospital at least twice each month and make monthly reports of its condition to the city council. 312. For whose benefit established.] § 7. Every hospital established under this Act shall be for the benefit of the inhabitants of such city, and any person falling sick or being injured or maimed within its limits; but every such inhabitant or person who is not a pauper shall pay such board or such officer as it shall designate for such city, such reasonable compensation for occupancy, nursing, care, medicine or attendance, according to the rules and regulations prescribed by said board; such hospital always being subject to such reasonable rules and regulations as said board may adopt in order to render the use of said hospital of the greatest benefit to the greatest number ; and said board may exclude from the use of said hospital any and all inhabitants and persons who shall willfully violate such rules or regulations. And said board may extend the privileges and use of such hospital to persons residing outside of such city in this state upon such terms and conditions as said board may from time to time by its rules and regulations prescribe. 313. Duty of directors — meetings, etc.] § 8. Said board of directors shall, in the name of such city, receive and collect from such inhabitant or person the compensation aforesaid, and shall as often as once each month, pay over to the city treasurer all compensation received or collected during the month, and take the receipt of such treasurer therefor; and shall also at the regular monthly meeting of 96 ■ ABSTRACT OF STATUTES the city council rci)ort to such city council the names of the persons or inhabitants from whoin such compensation has been received or col- lected, and the amount so received or collected from each and the date when so received or collected. And said board of directors shall make, on or before the second Monday in June, an annual report to the city council, stating the condition of their trust on the first day of June of that year, the various simis of money received from the "hospital fund" and from other sources, and how much money has been expended and for what purposes; the number of patients and such other statistics, information and suggestion as they may deem of general interest. 314. Rules and regulations.] § 9. When such hospital is so estab- lished, the physicians, nurses, attendants, the persons sick therein and all persons approaching or coming within the limits of the same, and all furniture and other articles used or brought there shall be subject to such rules and regulations as said board may prescribe. 315. Donations.] § 10. Any person desiring to make dona- tions of money, personal property or real estate for the benefit of such hospital, shall have the right to vest the title to the money or real estate so donated in the board of directors created under this Act, to be held and controlled by such board, when accepted, accord- ing to the terms of the deed, gift, devise or bequest of such property; and as to such property the said board shall be held and considered to be special trustees. 316. Physicians, privileges of.] § 2. All physicians who are recognized as legal practitioners by the State Board of Health of Illinois shall have equal privileges in treating patients in said hospital. TUBERCULOSIS SANITARIUMS. 317. City council may establish.] (Chapter 24, Sec. 685.) § 1. That the city council of cities and board of trustees in villages of this state shall have the power, in the manner hereinafter provided, to establish and maintain a public sanitarium for the use and benefit of the inhabitants of such city or village for the treatment and care of persons afflicted with tuberculosis and to levy a tax not to exceed one mill on the dollar annually on all taxable property of such city or village, such tax to be levied and collected in like manner with the general taxes of the said city and to be known as the " tuberciilosis sanitarium fund," which said tax shall be in addition to all other taxes which such city or village is now or hereafter may be authorized to levy. 318. Petition for annual tax — rate of taxation^submission to vote.] § 2. When one hundred legal voters of any such city or village shall present a petition to the cit}^ council or board of trus- tees of such city or \'illage, as the case may be, asking that an annual ABSTRACT OF STATUTES 97 tax may be levied for the establishment and maintenance of a public tuberculosis sanitarium in such city or village, such city council or board of trustees, as the case may be, shall instruct the city or vil- lage clerk to, and any such city or village clerk shall, in the next legal notice of the regular annual election in such city or village, give notice that at such election every elector may vote ' ' for the levy of a tax for a public tuberculosis sanitarium," or "against the levy of a tax for a public tuberculosis sanitarium," and if the majority of all the votes cast upon the proposition is, that such city or village shall be "for the tax for a tuberculosis sanitarium," the city council or board of trustees of such city or village shall thereafter annually levy a tax of not to exceed one mill on the dollar, which tax shall be collected in like manner with other general taxes in such city or village and shall be known as the "tuberculosis sanitarium fund," and thereafter the city council or board or trustees, as the case may be, of such city or village shall include and appropriate from such fund in the annual appropriation bill such sum or sums of money as may be deemed necessary to defray all necessary expenses and liabilities of such tuberculosis sanitarium. 319. Board of three directors — how appointed.] § 3. When any such city council or board of trustees shall have decided to establish and maintain a public tuberculosis sanitarium under this Act, the mayor of such cities and the president of the board of trustees of such vil- lages, shall with the approval of the city council or board of trustees, as the case may be, proceed to appoint a board of three directors, one of whom, in cities or villages having a board of health, shall be from such board of health, and the other two from the citizens at large and shall be chosen with reference to their special fitness for such office. 320. Term of office — removal.] § 4. Said directors shall hold office one-third for one year, one-third for two years and one-third for three years from the first of Jrdy following their appointment, and at their first regular meeting shall cast lots for the respective terms; and annnually thereafter the mayor or the president of the board of trustees, as the case may be, shall before the first of July each year, appoint as before, one director to take the place of the retiring director, who shall hold office for three years and until his successor is appointed. The mayor or president of the board of trustees, as the case may be, by and with the consent of the city council or board of trustees, as the case may be, remove any director for misconduct or neglect of duty. 321. Vacancies — how filled — compensation.] § 5. Vacancies in the board of directors occasioned by the removal, resignation or other- wise, shall be reported to the city council or board of trustees, as the case may be, and be filled in like manner as original appointments, 98 ABSTRACT OF STATUTES and no director shall receive compensation as such and shall not be interested, either directly or indirectly, in the purchase or sale of any supplies for said sanitarium. 322. Organization of directors — manner of doing bnsiness.I § 6. Said directors shall, immediately after ajjpointmcnt, meet and organize by the election of one of their number president and one as secretary, and by the election of such other officer as they may deem neces- sary. They shall make and adopt such by-laws, rules and regiila- tions for their own guidance and for the government of the sanitar- ium as may he expedient, not inconsistent with this Act, and the ordinances of such city or village. They shall have exclusive control of the expenditiu-e of all moneys collected to the credit of the "tuber- ctilosis sanitariimi fund," and of the construction of any sanitarium building and of the supervision, care and custody of the grounds, rooms or buildings constructed, leased or set apart for that piu-pose : Provided, that all moneys received for such sanitariiun shall be deposited in the treasur>^ of said village or city to the credit of the "tuberculosis sanitarium fund," and shall not be used for any other piu-pose, and shall be drawn upon by the proper officers of said city or \411age upon the properly authenticated vouchers of the sanitarium board. Said board shall have the power to purchase or lease ground, and to occupy, lease or erect an appropriate building or buildings for the use of said sanitarium by and with the approval of the city cotmcil or board of trustees, as the case may be; shall have the power to appoint a suitable superintendent or matron or both and all ne- cessary assistants and fix their compensation, and shall also have power to remove such appointees; and shall in general carr^- out the spirit and intent of this Act in establishing and maintaining a public sanitarium, and one or all of said directors shall visit and examine said sanitarium at least twice in each month and to make monthly reports of its condition to the city council or board of trustees, as the case may be. 323. Sanitarium to be free — regulations — non-residents.] § 7. Every sanitarium established under this Act shall be free for the benefit of the inhabitants of such city or village who may be afflicted with tuberculosis, and they shall be entitled to occupancy, ntusing, care, medicines and attendance according to the rules and regula- tions prescribed by said board. Such sanitarium shall always be subject to such reasonable rules and regulation as said board may adopt in order to render the use of said sanitarimn of the greatest benefit to the greatest number, and said board may exclude from the use of said sanitarium any and all inhabitants and persons who shall willfully violate such rules or regulations. And said board may ex- tend the privileges and use of such sanitarium to persons residing outside of such city or village in this state so affiicted, upon such ABSTRACT OF STATUTES 99 terms and conditions as said board may from time to time by its rules and regulations prescribe. 324. Contributions — reports of trustees.] § 8. Said board of directors, in the name of the city or village, may receive from any inhabitant or person any contribution or donation of money or property, and shall pay over to said city or village treasurer all moneys thus received as often as once in each month and shall take the receipt of such treasurer therefor; and shall also, at the regular monthly meeting of the city council or board of trustees, report to such city council or board of trustees, the names of such persons or inhabi- tants from whom any such contribution or donation has been received and the amount and nature of property so received from each and the date when the same was received. And said board of directors shall make on or before the second Monday in June of each year, an annual report to the city council or board of trustees, as the case may be, stating the condition of their trust on the first day of June of that year, the various sums of money received from the ' ' sanitar- ium fund" and from other sources, and how such moneys have been expended and for what purposes; the number of patients and such other statistics, infonnation and suggestions as they may deem of general interest. 325. Physicians, nurses, etc., subject to rules of board.] § 9. When such sanitarium is established, the physicians, nurses, attend- ants, the persons sick therein and all persons approaching or coming within the limits of the same or grounds thereof, and all furniture and other articles used or brought there shall be subject to such rules and regulations as said board may prescribe. 326. Board special trustees of gifts.] § 10. Any person desiring to make any donation, gift, bequest or devise of any money, personal property or real estate, for the benefit of such sanitarium shall have the right to vest the title to the money, personal property or real estate so donated in the board of directors created under this Act, to be held and controlled by such board, when accepted, according to the terms of the deed, gift, devise, bequest of such property and as to such property, the said board shall be held and considered to be spec- ial trustees. 327. Privilege of reputable physician to treat patients.] § 11. All reputable physicians shall have equal privileges in treating pa- tients in said sanitarium. LIBRARIES. 328. City may establish — tax — fund, etc.] (Chapter 81.) §1. That the city council of each incorporated city, whether organized under general law or special charter shall have power to establish and maintain a public library and reading room for the use and benefit 100 ABSTRACT OF STATUTES of the inhabitants of such city, and may levy a tax of not to exceed one and two-tenths (1.2) mills on the dollar annually on all the tax- able property in the city : Provided, That in cities of over one hun- dred thousand inhabitants after the year 1896, such tax shall not exceed six cents on the one hundred dollars annually, such tax to be levied and collected in like manner with the general taxes of said city and to be known as a library fund: Provided, That said annual library tax in cities or over two thousand inhabitants shall not be inclvided in the aggregate amount of taxes as limited by Section one (1) of Article eight (8) of "An Act for the incorporation of cities and villages," approved April 10, 1872, and the amendatory Acts thereto or by any provision of any special charter under which any city in this state is now organized. 329. Directors.] § 2. When any city council shall have decided to establish and maintain a public library and reading room under this Act, the mayor of such city shall, with the approval of the city council, proceed to appoint a board of nine directors for the same, chosen from the citizens at large with reference to their fitness for such office; and not more than one member of the city council shall be at any one time a member of said board. 330. Term of office — removal.] § 3. Said directors shall hold office one-third for one year, one-third for two years, and one-third for three years, from the first of July following their appointment, and at their first regular meeting shall cast lots for the respective terms and annually thereafter the mayor shall, before the first of July of each year, appoint as before, three directors, to take the place of the retiring directors, who shall hold office for three years, and until their successors are appointed. The mayor may by and with the consent of the city council, remove any director for misconduct or neglect of duty. 331. Vacancies — compensation.] § 4. Vacancies in the board of directors, occasioned by removals, resignation, or otherwise, shall be reported to the city council, and be filled in like manner as original appointments, and no director shall receive compensation as such. 332. Organization — powers of directors — funds.] § 5. Said directors shall immediately after appointment, meet and organize by the election of one of their number president, and by the election of such other officers as they may deem necessary. They shall make and adopt such by-laws, rules and regulations for their own guidance and for the government of the library and reading room as may be expedient, not inconsistent with this Act. They shall have the ex- clusive control of the expenditure of all moneys collected to the credit of the Hbrary fund, and of the construction of any library building, and of the supervision, care and custody of the grounds, ABSTRACT OF STATUTES 101 rooms or buildings constructed, leased, or set apart for that purpose: Provided, that all moneys received for such library shall be deposited in the treasury of said city to the credit of the library fund, and shall be kept separate and apart from other moneys of such city, and drawn upon by the proper officers of said city, upon the properly authenti- cated vouchers of the library board. Said board shall have power to purchase or lease grounds, to occupy, lease or erect an appropriate building or buildings for the use of said library; shall have power to appoint a suitable librarian and necessary assistants, and fix their compensation, and shall also have power to remove such appointees; and shall, in general, carry out the spirit and intent of this Act, in establishing and maintaining a public library and reading room. 333. Who may use library.] § 6. Every library and reading room, established under this Act, shall be forever free to the use of the inhabitants of the city where located, always subject to such reasonable rules and regulations as the library board may adopt, in order to render the use of said library and reading room of the greatest benefit to the greatest number ; and said board may exclude from the ■use of said library and reading room any and all persons who shall willfully violate such rules. And said board may extend the privi- leges and use of such library and reading room to persons residing out- side of such city in this state upon such ternis and conditions as said ■ board may from time to time by its regulations prescribe. 334. Report of directors.] § 7. The said board of directors shall make, on or before the second Monday in June, an annual report to the city council, stating the condition of their trusts on the first day of June of that year, the various stuns of money received from the library fund and from other sources, and how such moneys have been expended, and for what purposes; the number of books and periodicals on hand, the number added by ptu-chase, gift or otherwise, diuing the year; the number lost or missing; the num- ber of visitors attending; the number of books loaned out, and the general character and kind of such books, with such other statistics, infonnation and suggestions as they may deen of general interest. All such portions of said report as relate to the receipt and expendi- ture of money, as well as the number of books on hand, books lost or missing, and books purchased," shall be verified by affidavit. 335. Penalties,] § 8. The city council of such city shall have power to pass ordinances imposing suitable penalties for the pun- ishment of persons committing injury upon such library or the grounds or other property thereof, and for injury to or failure to return any book belonging to such library, 336. Donations.] § 9. Any person desiring to make dona- tions of money, personal property or real estate for the benefit of such library, shall have the right to vest the title to the money or 102 A BSTRACT OF STATUTES real estate so donated in the board of directors created under this Act, to be held and controlled by such board, when accepted, accord- ing to the terms of the deed, gift, devise or bequest of such prop- erty; and as to such property the said board shall be held and con- sidered to be special trustees. 337. Erection of buildings — plan — cost — bonds — certificate.] § 13. Whenc\-cr any board of directors of any ])ublic library organized under the provisions of the Act, of which this is an amendment, shall determine to erect a building to be used for their library, or to purchase a site for the same, or both, or to accumulate a fund for the erection of such building, or to pay for a library site, or both, they may do so as follows : The directors shall cause a plan for such building to be prepared and an estimate to be made of the cost, and if site is to be provided for the same, they shall also cause an estimate to be made of the cost of such site; they may then determine the time or years over which they will spread the collection of the cost of such building, or site, or both, not exceeding twenty (20) years -and shall make a record of their said proceedings and transmit a copy thereof to the city council for its approval. If the city council shall approve of the action of the board it may, in its own discretion, by ordinance, provide that bonds of the city be issued for the payment of the. cost (so estimated as aforesaid) of the said building or site, or both, in which even the said ordinance shall also state the time or times when such bonds, and the interest thereon, shall become payable: Provided, that the whole of the principal of such bonds and the in- terest thereon shall be payable within twenty (20) years: Provided, further, that the interest on such bonds shall not exceed the rate of five (5) per cent per annum; but the said interest may be made payable at such time (annually or semi-annually) as the said ordi- nance shall prescribe : Provided, always, that in case the city coun- cil shall provide for such payment by the issuance of bonds it shall make provisions at or before the issuance thereof by ordinance, which shall be irrepealable, for the levy and collection of a direct annual tax upon all the taxable property within such city sufficient to meet the principal and interest of said bonds as the same mature, which tax shall be in addition to that otherwise authorized to be levied and collected for corporate piu"poses. If, however, the said council shall not provide that bonds of the city be issued as and for the purposes aforesaid, but shall otherwise approve the action of the said board, then the board shall divide the total cost of said building, or site, or both, into as many parts as they shall determine to spread the collection thereof, and shall certify the amount of one of said parts to the city council each and every year during the time or tenns over which they shall have determined to spread the col- lection of the cost of such building, or site, or both. ABSTRACT OF STATUTES 103 The city council, on receiving the said last mentioned cerLihcate shall, in its next annual appropriation bill, include the amount so certified, and shall for the amount so certified, levy and collect a tax to pay the same with the other general taxes of the city: Pro- vided, the said levy shall not exceed five (5) mills on the dollar in any one year and shall not be levied oftener than the number of years into which the library board, in those cases where bonds are not issued, as aforesaid, shall have divided the cost of said building, or site, or both; and when collected as last aforesaid the tax shall cease. 338. Duty of Board — erection of building — investment of funds.] § 14. The library board shall determine when they will proceed with the construction of the building; they may proceed at once or may determine to wait and allow the fund to accumulate, but shall not delay construction of said building longer than for the col- lection of said fund. If they shall determine to wait, they shall certify their action to the city council, and said city council shall invest said money in good interest-paying securities, there to remain until the same is needed for the construction of the building under the provisions of this Act. 339. How contract to be let.] § 15. When the directors shall determine to commence the construction of the building they may then revise the plan therefor or adopt a new plan and provide esti- mates of the cost thereof, and shall advertise for bids for the construc- tion of said building and shall let contract to the lowest and best re- sponsible bidder, and may require from such bidder securities for the performance of his bid as the board shall detennine: Provided, the said directors may let the contract for one part of said building to one bidder, and for another part to another bidder as they shall determine: And, provided, further, the board of direc- tors shall not in any new plan increase the per cent of the tax levy hereunder, without the approval of the city council. 340. May rent portion — borrow money — tax — levy.] § 16. If the board of directors shall think best, they may construct the building so that a portion thereof may be rented, and may at any time during the construction thereof borrow money and execute a mortgage on the lot and building, not exceeding one-half the value thereof, and the money so obtained shall be used exclusively in the completion of said building. The levy of a tax hereunder shall not be included in the aggregate amount of taxes as limited by Section one (1) Article eight (8) of "An Act for the incorporation of cities and villages," approved April 10, 1872, and amendatory Acts thereto, nor shall it effect [affect] any appropriation made or to be made for the support of the library. This Act shall not apply to any city in this state having over one hundred thousand inhabitants. 104 ABSTRACT OF STATUTES LOCAL IMPROVEMENTS. 341. Powers conferred.] (Chapter 24, Sec 507.) § 1. That the corporate authorities of cities, villages and incorporated towns are hereby \-ested with the power to make such local improvements as are authorized by law, by special assessment, or by special taxa- tion, of contiguous ]3roperty, or by general taxation, or otherwise, as they slall by ordinance prescribe. Provided, That this Act shall apply only to such cities and villages as are now, or shall hereafter become, incorporated under an Act entitled, "An Act to provide for the incorporation of cities and vil- lages," approved April 10, 1872, in force July 1, 1872, and to all cities, villages and incorporated towns which have heretofore adopted Article 9 of the Act above meiitioned, in the manner therein pro- vided, or shall hereafter adopt this Act, as herein provided; but all other corporate authorities, having power to levy special assess- ments or special taxes for local improvements, may make use of the provisions of this Act for that purpose in the manner hereinafter provided. 342. Municipal officers in cities of 50,000 inhabitants and over.] § 2. In cities of this state having a population of fifty thousand (50,000) or more, by the last preceding census of the United States, or of this state, there shall be appointed and designated, in the manner pro- vided by law, or if no such method be pro\dded, then by appointment of the mayor, a commissioner of public works, a superintendent of streets, a superintendent of special assessments, a superintendent of sewers and a city engineer. The compensation of such officers, if not fixed by law, shall be determined by the city council or board of trustees, and no order, resolution or ordinance to change the same shall be passed within one month after its introduction and publica- tion. Such office shall not be discontinued at any time, by ordi- nance or otherwise, but vacancies therein shall be filled in the same manner as the original appointment. The appointees to said offices shall be subject to removal by the mayor, but the term of office shall be held to expire as soon after the end of the term of the mayor appointing as their successor shall be appointed and qualified. 343. In cities having a population of less than 50,000.] § 3. In cities having a population of less than fifty thousand (50,000), ascertained as aforesaid, and in villages and incorporated towns, the city council or board of trustees may, in their discretion, provide by ordinance that the mayor or president, as the case may be, shall appoint and designate a superintendent of streets and a public engi- neer, which offices may be discontinued by ordinance, to take effect at the expiration of the then fiscal year, and no officer, filling any office so discontinued, shall have any claim against such city, \dllage o town, for any compensation after such discontinuance. Vacancies ABSTRACT OF STATUTES 105 therein shall be filled as above provided. The compensation and term of office shall be ascertained as in the last paragraph. 344. Ordinance authorizing improvements — petition of property owners.] § 4. When any such city, town or village shall, by ordin- ance, provide for the making of any local improvement, it shall, by the same ordinance, prescribe whether the same shall be made by special assessment or by special taxation of contiguous property, or general taxation, or both. 346. Restriction on passage of ordinance.) § 5. No ordinance for any local improvements, to be paid wholly or in part by special assessment or special taxation, shall be considered or passed by the city council or board of trustees of any such city, village or town, unless the same shall be first recommended by the board of local improvements provided for by this Act. 347. Board of local improvements.] § 6. In cities within the terms of this Act, having a population of one hundred thousand (100,000) or more, by the last preceding census of the United States, or of this state, there is hereby created a board of local improvements, consisting of five members; such five members shall be nominated by the mayor and shall be confirmed by the city council or board of trustees of such city; and no one of which shall be the head of any department of the government of such city, or hold any other office or position therein. Said board shall elect from its members a presi- dent, a vice-president and an assistant secretary. The superintend- ent of special assessments shall be ex-officio secretary of the board. In the absence or the inability of the president or the vice-president to act, the vice-president for the president, and the assistant secre- tary' for the vice-president, are hereby given full power to sign and execute contracts, vouchers, bonds, pay-rolls and all other papers, documents and instruments necessary to carry this Act and atl pro- ceedings hereunder into full force and effect. Said board shall hold daily sessions for the transaction of all business in rooms accessible to the public to be provided by the city council. ■ The city council or board of trustees of such city shall provide for salaries for said board of local improvements. In cities within the terms of this Act having a i:opulation of more than fifty thousand (50,000) and less than one hundred thousand (100,000), by the last preceding census of the United States, or of 106 ABSTRACT OF STATUTES this State, there is hereby created a board of local imi>rovcments, consisting of five members, of which board the commissioner of l)ublic works shall be the president. The other members of said board shall be the sui)erintendent of streets, the superintendent of sewers, the suijcrintcndcnt of s]3ccial assessments and the city engi- neer. In cities having a poj^ulation of less than fifty thousand (50,000), and in villages and incorporated towns, the board of local improve- ments shall consist of the mayor of said city, or the president of such village or town, who shall be president of such board, and the public engineer and the superintendent of streets of such municipal- ity, where such offices shall be provided for by ordinance; but if. at any time, no such officer shall be provided for, then the city council or board of trustees, as the case may be, shall by ordinance designate two or more members of such body, who shall, with such mayor or president of such village or town, until otherwise provided by ordi- nance, constitute the members of the board. 348. Proceedings preliminary to public hearing.] §7. All ordi- nances for local improvement to be paid for wholly or in part by special assessment or special taxation shall originate with the board of local improvements. Petitions for any such public improve- ment shall be addressed to said board. Said board shall have the power to originate a scheme for any local improvement, to be paid for bv special assessment or special tax, either with or without a petition, and in either case shall adopt a resolution describing the proposed improvement, which resolution shall be &t once transcribed into the records of the board. Whenever the proposed improvement will require that private property be taken or damaged, stich resolution shall describe the property proposed to be taken for that purpose. Said board shall by the same resolution, fix a day and hour for the public considera- tion thereof, which shall not be less than ten days after the adoption of such resolution. Said board shall also cause an estimate of the cost of such improvement (omitting land to be acquired) to be made in writing by the engineer of the board (if there be one, if not, then by the president) o\'cr his signature, which shall be item- ized to the satisfaction of said board, and which shall be made a part of the record of such resolution. Notice of the time and place of such pubHc consideration or hearing shall be sent by mail ABSTRACT OF STATUTES 107 directed to the person who paid the general taxes for the last pre- ceding year on each lot, block, tract or parcel of land fronting on the proposed improvement, not less than five days prior to the time set for such public hearing. Said notice shall contain the substance of the resolution adopted by the board and the estimate of the cost of the proposed improvement, and a notification that the extent, nature, kind, character and estimated cost of such proposed improve- ment may be changed by said board at the public consideration thereof, and that if upon such hearing the board shall deem such improvement desirable, it shall adopt a resolution therefor and pre- pare and submit an ordinance therefor as hereinafter provided. Provided, however, that in proceedings only for the laying, build- ing, constructing or renewing of any sidewalk, water service pipe or house drain, no resolution, public hearing or preliminary pro- ceedings leading up to the same shall be necessary. In such pro- ceedings the board may submit to the city council or board of trus- tees, as the case may be, an ordinance, together with its recommenda- tion, and the estimated cost of the improvement, as made by the engineer, as herein provided, and such proceedings shall have the same force and effect as though a public hearing had been had thereon. (201, 111., 93-344.) 349. Public hearing.] § 8. At the time and place fixed in said notice for the public hearing, the said board shall meet and hear the representations of any person desiring to be heard on the subject of the necessity for the proposed improvement, the nature thereof, or the cost as estimated. In case any person shall appear to object to the proposed improvement or any of the elements thereof, said board shall adopt a new resolution abandoning the said proposed scheme or adhering thereto, or changing, altering or modifying the extent, nature, kind, character and estimated cost, provided such change shall not increase the estimated cost of the improvement to exceed twenty (20) per centum of the same without a further public hearing thereon, as it shall consider most desirable; and thereupon, if the said proposed improvement be not abandoned, the said board shall cause an ordinance to be prepared therefor, to be submitted to the council or board of trustees (as the case may be). Such ordi- nance shall prescribe the natiire, character, locality and description •of such improvement and shall provide whether the same shall be made wholly or in part by special assessment or special taxation ■of contiguous property; and if in part only, shall so state. If property is to be taken or damaged for said improvement, such ordinance shall describe the same with reasonable certainty. In cities of 100,000 inhabitants or over when a remonstrance peti- tion is filed by the owners of a majority of the frontage on the line of the proposed improvement with the board of local improvements 108 ABSTRACT OF STATUTES within thirty (30) days after the public hearing thereon, said board shall thereupon stay all proceedings therein for one year from said date. The remonstrance above referred to, to be filed with the board, shall contain the signatures of the owners or legal representatives, the description of the property owned or represented, the number of feet so owned or represented, and shall be verified by affidavit of one or more property owners fronting on the line of the proposed improvement, setting forth that the party making the affidavit is a property owner, fronting on the proposed improvement, and that the parties who signed the same are the owners or legal representa- tives of the property described therein. 350. Recommendation by board.] § 9. With any such ordi- nance, presented by such board to the city council or board of trustees, shall be presented, also a recommendation of such improve- ment by the said board, signed by at least a majority of the mem- bers thereof. The recommendation by said board shall be prima facie evidence that all the preliminary requirements of the law have been complied with, and if a variance be shown on the proceedings in the court, it shall not affect the validity of the proceedings, unless the court shall deem the same willful or substantial. (201, 111., 68.) 351. Estimate of cost.] § 10. Together with the said ordi- nance and recommedation shall be presented to the city council or board of trustees, an estimate of the cost of such improvement, as originally contemplated, or as changed, altered or modified at the public hearing, itemized so far as the board of local improve- ments shall think necessary, over the signature of the engineer of the board, if there be one; if not, then the president of said board, who shall certify that in his opinion, the said estimate does not exceed the probable cost of the improvement proposed, and the lavv^ul expenses attending the same. The recommendation by said board shall be prima facie evidence presumed to be based upon a full compliance with the requirements of the Act. 352. Publication of ordinance.] § 11. Upon the presentation to the common council or board of trustees of such proposed ordi- nance, together with such recommendation and estimate, if the said estimate of cost shall exceed the sum of one hundred thousand dol- lars ($100,000.00), (exclusive of the amount to be paid for land to be taken or damaged), such ordinance shall be referred to the proper committee, and published in the proceedings of the council or board of trustees, in the usual way, in full, with the recommendation and estimates, at least one week before any action shall be taken thereon, by the council or board of trustees. 353. When property is taken.] § 12. Should such an ordinance provide for improvements which require the taking or damaging; ABSTRACT OF STATUTES 109 of property, the proceeding for making just compensation therefor shall be as described in sections 13 to 33, inclusive, in this Act. 354. Petition.] § 13. Whenever any such ordinance shall be passed by the legislative authority of any such city, village or town, for the making of any local improvements that such city, village or town is authorized to make, to be paid for wholly or in part by special assessment, or by special taxation, the making of which will require that private property be taken or damaged for public use, such city or village shall either in such ordinance or by subsequent order, designate some officer to file a petition in some court of record of the county in which such city, village or town is situated in the name of the municipality, praying that steps may be taken to ascer- tain the just compensation to be made for private property to be taken or damaged for the improvement or purpose specified in such ordinance, and to ascertain what property will be benefited by such improvement, and the amount of such benefit. 355. Contents of petition — commissioners.] § 14. Such peti- tion shall contain a reasonably accurate description of lots, blocks, tracts and parcels of land which shall be taken or damaged. There shall be filed with or attached to such petition a copy of said ordi- nance, certified by the clerk, under the corporate seal, but the failure to file such copy shall not affect the jurisdiction of the court to proceed in said cause, and to act upon said petition; but if it shall appear in any such cause that a copy of the ordinance has not been at- tached to or filed with said petition before the report of the commis- sioners shall be filed, as provided in section fifteen, then, upon motion of any person whose real estate is to be taken, or to be assessed, the entire petition and proceedings shall be dismissed. Upon the filing of the' petition the court shall enter an order designating two competent persons as commissioners, to act with the superintendent of special assessments (where such officer is provided for by this Act, and in other cases the president of said board of local improvements), who shall investigate and report to the court the just compensation to be made to the respective owners of private property which will be taken or damaged for the said improvement, and also what real estate will be benefited by such improvement, and the amount of such bene- fits to each parcel. Neither shall be employes of the petitioning municipality, and both shall be disinterested persons. They shall be allowed a fee for their services, which shall be fixed by the court in advance and taxed as costs and included in the amount to be ass- essed. The amount so allowed may be taxed as costs, and included in the amount to be assessed. The amount so allowed may be re- viewed by the court on motion. Said three commissioners shall be duly sworn to make a true and just assessment of the cost of said improvement, according to law. The concurrence of any two in a report shall be sufficient. 110 ABSTRACT OF STATUTES 356. Commissioners' report.] § 15. Such commissioners shall thereupon make such investigation, and prepare and file in court their report accordingly, in and by which report they shall, in one column, describe the respective parcels of property to be taken or damaged for such improvement ; in another column the respective owners of record of the parcels of land, the name and residence of each such owner being set opposite his own property ; in another col- umn the name and residence of the occupant, where the property is occupied, so far as known to such commissioners, or can be found upon diligent inquiry; in another column the amount of the value of each piece or parcel to be taken for such improvement, setting the same opposite the property to which it relates; and in another column the amount of damages, if any, which in their opinion, will result to any piece or parcel of land not taken, by reason of the said improvement, describing each piece or parcel so damaged by a reasonable accurate description; said commissioners shall further estimate and report what proportion of the total cost of such im- provement (including therein their estimate of value and damages, and the estimate of cost) will be of benefit to the public, and what proportion thereof will be of benefit to the property, and shall ap- portion the same between the municipality and such property so that each shall bear its relative equitable proportion; and having found said amounts, shall further report what lots, blocks, tracts. and parcels of land will be specially benefited by the said improve- ment, and shall describe the same by a reasonably accurate descrip- tion, and shall apportion and assess the amount so found to be of benefit to the property upon the several lots, blocks, tracts and parcels of land in the proportion in which they will be severally benefited by said improvement: Provided, That no lot, block, tract or parcel of land shall be assessed a greater amount than it will be actually benefited. 357. Thirty installments for waterworks, bridges, etc.] § 15a. Whenever any local improvement provided to be made by any ordi- nance therefor passed by virtue of this Act, to which this Act is an amendment, shall consist of a system of waterworks or a bridge or viaduct, any portion of the cost of which is to be defrayed by special assessment, it shall be lawful to provide by the ordinance for the same or by ordinance passed at any time before the confirmation of the as- sessment roll, that the aggregate amount assessed and each individual assessment, and also of the assessment against the municipality for the pubHc benefits and on account of property owned by it, may be divided into not exceeding thirty installments in the man- ner" provided in section 42 of said Act, to which this Act is an amend- ment, as near as may be. 358. Net damage or benefit.] § 16. If the amount awarded to any person for property taken or damaged for such improvement ABSTRACT OF STATUTES HI be greater than the amount assessed against the property for such improvement, or if the benefit be greater than the damage, in either case the difference only shall be collectible of the owner or be paid to him. 359. Offset for land donated.] § 17. In the assessment of damages and benefits for the opening of any street or alley it shall be lawful for such commissioner[s], in making such assessment, where part of the land to be laid out into such street or alley has- been theretofore donated by any person or persons for such street or alley, to appraise the value of the land so donated, and to apply the value thereof, so far as the amount so appraised shall go, as an offset to the benefits assessed against the person or persons making such donation, or parties claiming under them, but nothing herein con- tained shall authorize any person or persons by whom such dona- tion is made to claim from the city, village or town, the amount of such appraisement, except as an offset, as herein provided; and where the assessment is only for the widening of any street which may have been theretofore donated, either in whole or in part, to the public by the proprietors of the adjoining land, it shall also be lawful for said commissioners, in their discretion, to make such allowance therefor in their assessment of benefits as shall seem to them equitable and just; but in either such case they shall state in their report the amount of such allowance, and the same shall be subject to review, as the court shall direct. (201 111., 264.) 360. Commissioners' certificate.] § 18. Such commissioners shall retiu-n their said report to the court in which said petition was filed, and file the same with the clerk thereof, with their certificate, duly verified, stating in substance that they have carefully exam- ined the questions referred to in their report, and that in their opin- ion the amounts awarded for damages and value therein, and the assessment district therein shown, and the respective amounts assessed against the private property, and also the apportionment of the cost of said improvement iDetween the public and the private property assessed, and the allowance for property theretofore dedi- cated, if any, are correct, equitable and just. The return and filing of such report shall be deemed an application by the petitioner for judgment of condemnation of the property so to be taken or dam- aged, and for a confirmation of the said assessment of benefit. 361. Affidavit of ownership.] § 19. The superintendent of special assessments, or president of the board of local improve- ments (as the case may be), shall file with said report an affidavit made by himself, or by some employe of his office, that the affiant has carefully examined the records in the recorder's office of the said county for the names of the owners of the record of the sev- eral lots, blocks, tracts and parcels of land to be taken or damaged for said improvement, and also for the names of the owners of record 112 ABSTRACT OF STATUTES of the respective lots, blocks, tracts and parcels of land against which benefits are assessed in said report, and that the names of such owners are correctly shown in the column or schedule of ownership in said report; also that he has diligently inquired as to the resi- dence of the respective owners of property to be taken or damaged for said improvement, and of all of the respective lots, blocks, tracts and parcels of land against which benefits have been assessed in said report (specifying the nature of the inquiry and examination he has made for that purpose) , and that the residences of the owners are correctly stated, according to the result of his said examination, in the column or schedule of residences in said report; also that in all cases where he has been unable to find the residence of the owner of such record title, he has examined the return of the collector's warrant for taxes on real estate for the preceding year, and has set opposite each such parcel, whose owner has not been found, the name of the person who paid the tax on said parcel for the preceding 3^ear, together with his place of residence, wherever, on diligent inquiry, he was able to find the same. Said affidavit, or an affidavit filed therewith, shall further state that affiant has visited each of the parcels of land to be taken or damaged for said improvement de- scribed in said report, for the purpose of ascertaining whether or not the same was occupied, and the name and residence of the occu- pant, if any; and that in every case where said parcels of land were found to be occupied, upon such investigation, the name of the oc- cupant is stated in said report opposite such parcel, together with his residence, when ascertained. Such affidavit and report shall be prima facie evidence that the requirements of this Act have been complied with. 362. Jurisdiction of defendants.] § 20. Every person who shall be named in said report as the owner of property to be taken or damaged for the said improvement, and every person who shall be therein named as an occupant of any parcel thereof, shall be made a party defendant in said proceeding. All other persons having or claiming interests in any of said premises shall be described and designated as "all whom it may concern," and by that description shall be made defendants. Upon the filing of the report aforesaid, a summons, which may be made returnable upon any day in term time, not less than fifteen (15) days after its date, shall be issued and served upon the persons made party defendants, as in cases in chancery. But if the service of such summons shall be had less than ten days before said return day, no steps shall be taken in said matter against the defendant so served, or his property, before the first day of the next term of said court, which shall occur ten days or more after such service. And as to such of said defendants as are shown by said affidavit to be non-residents of the State of Illinois, or whose residences are shown thereby to be unknown, ABSTRACT OF STATUTES 113 and the defendants designated as "all whom it may concern," the clerk of the court shall cause publication to be made in some news- paper designated by the court for that purpose by an order to be entered of record in the cause, containing notice of the pendency of such proceeding, the parties thereto, the title of the court, the time and the place of the return of the summons in the case, the description of the property to be taken or damaged, the total cost of the improvement as shown by the estimate and report, and the nature of the proceeding ; such notice shall further state that a special assessment has been made to raise the cost of said improvement, and the time and place of filing the report thereof; such publication to be made four weeks, consecutively, at least once in each week, the first of which shall be at least thirty days before the return day of such summons. A similar notice shall be posted for ten days be- fore such return day in two public places in the vicinity of said im- provement. 363. Mailing notice to owners.] § 21. Where the residence of any defendant named in said report is shown thereby to be out- side of the State of Illinois, and such residence is stated therein, a copy of the said notice shall be sent by mail to such party, at the address so given, at least fifteen days prior to the return day of the said summons. If the residence of any defendant shall be found to be unknown, as shown by the said report and affidavit^ a similar notice shall be sent to the person last paying taxes upon such prem- ises, if his residence be stated in such report. Such service, publi- cation and notices shall be sufficient to give the court jurisdiction of all the parties whose lands are to be taken or damaged, so as to de- termine all questions relating to said proceedings, and affecting the lands described in the report. 364. Mailing notices to parties assessed.] § 22. There shall be sent by mail, post paid, to each person whose property has been assessed for benefits in said proceeding (not being owners of prop- erty taken or damaged therefor) , directed to the address as shown in said report, or where not so shown, then generally to be city, village or town in which said improvement is to be made, at least fifteen days before the said return day, a notice stating the nature of said improvement, the description of such owner's property assessed therefor, the amount of such assessment, and the date when the summons in said cause will be returnable, and when objections thereto may be filed. An affidavit of one of the commissioners, or some other person, showing such service, mailing, posting and publication, shall be prima facie evidence of a compliance with all the requirements thereof; but the publication may be proved in any other manner provided by law. 365. Trials.] § 23. Upon the return of said summons, or as soon thereafter as the business of the court will permit, the court 11-1 ABSTRACT OF STATUTES shall proceed to a hearing of the said cause, and shall impanel a jury to ascertain the just comj^ensation to be paid to all such owners of ]jropcrty to be taken or damaged; and if objections shall be filed to the confinnation of the assessment of benefits, such objections shall be submitted to the same jury at the same time ; and thereupon such jury shall ascertain the just compensation to be paid to the owner of each lot, block, tract or parcel of land to be taken or dam- aged in said proceeding, and shall also determine whether or not any lot, jjicce or parcel of land assessed in said proceedings, for which objections have been filed, has been assessed more than it will be benefited by said improvement, and on such hearing the report of the officer, so returned and filed as aforesaid, shall be prima facie evidence, both of the amount of the compensation to be awarded and of the benefits to be assessed. (204 111., 61 1 ; 217 111., 343.) 366. Separate trials.] § 24. If, however, any defendant or party interested shall demand, and if the court shall deem it proper, separate juries may be impaneled, either as to the benefits assessed, or as to the compensation or damages to be paid to any one or more of such defendants or parties in interest. 367. View by the jury.] § 25. The court may, upon the motion of the petitioner, or of any other person claiming any such compensa- tion, direct that the jury (under the charge of an officer) shall view the premises which it is claimed by any party to said proceeding will be taken or damaged by said improvement, and in any case, where there is no satisfactory evidence given to the jury as to the ownership of, or as to the extent of the interest of any defendant in, the property to be taken or damaged, the jury may return their ver- dict as to the compensation or damage to be paid for the property, or part of property, to be taken or damaged, and for the entire inter- ests therein. 368. Adjournments.] § 26. Upon the return of such verdict, the court shall order the same to be recorded, and shall enter such judgment or decree thereon as the nature of the case may require. The court shall continue or adjourn the cause from time to time, as to all occcupants and owners named in such petition who shall not have been served with process, or brought in by notice or by publication, and shall order a new summons to issue and publica- tion to be made, and upon such occupants or owners being brought into court, shall impanel a jury to ascertain the compensation so to be paid to such defendant or defendants for private property taken or damaged, and the amount of benefits to be assessed against them, if any ; and like proceedings shall be had for such purpose as herein- before provided in the case of other owners; but no final judgment shall be entered as to any of the property embraced in said roll until all the issues in the case have been disposed of, including revised or recast rolls, if any. ABSTRACT OF STATUTES 115 369. Where title has changed.] § 27. The court shall have power, at any time, upon proof that any such owner named in such petition who has not been served with process, has ceased to be such owner since the filing of such petition, to impanel -a jury and ascertain the just compensation to be made for the property (or damage thereto) which has been owned by the person so ceasing to own the same and benefits thereto; and the court may, upon any finding or findings of the jury, or at any time during the course of such proceedings, enter such order, rule, judgment or decree as the nature of the case may require. 370. Adverse claimants.] § 28. No delay in making an assess- ment of compensation shall be occasioned by any doubt or contest which may arise as to the ownership of the property or any part thereof, or as to the interests of the respective owners or claimants, but in such case the court may require the jury to ascertain the entire compensation or damage that should be paid for the property, or part of the property, and the entire interests of all parties therein, and may require adverse claimants to interplead, so as to fully determine their rights and interests in the compensation so ascer- tained. And the court may make such order as may be neces- sary in regard to the deposit or payment of such compensation. 371. Infant or insane owners.] § 29. When it shall appear from said petition, or otherwise, at any time during the proceedings upon such petition, that any infant or insane or distracted person is interested in any property that is to be taken or damaged, the court shall appoint a guardian ad litem for such infant or insane or distracted person, to defend the interest of such infant, insane or distracted person, in such property, or the compensation which shall be awarded therefor. 372. Effect of judgment.] § 30. Any final judgment or judg- ments, rendered by said court, upon any finding or findings of any jury or juries, shall be a lawful and sufficient condemnation of the land or property to be taken, upon the payment of the net amount of such finding, as hereinafter provided. It shall be final and con- clusive as to the damages and benefits caused by such improvement, unless such judgment or judgments shall be appealed from; but no appeal or writ of error upon the same shall delay proceedings under said ordinance, if the petitioner shall deposit, as directed by the court, the amount of judgment and costs, after deducting the benefits assessed and adjudged against such property, if any, and shall file a bond in court in which said judgment was rendered, in a sum to be fixed, and with security to be approved by the judge of said court, which shall secure the payment of any future compen- sation which may at any time be finally awarded for the property in. question, and costs. 116 ABSTRACT OF STATUTES 373. Order for possession.] §31. The court, ii|)on proof that the amount of said just compensation, so found by the jury (in excess of the benefits so assessed and adjudged against the same property), has been paid to the person entitled thereto, or has been deposited as directed by the court (and bond given, in case of an appeal or writ of error) , shall enter an order that the j^etitioner shall have the right, at any time thereafter, to take possession of or dam- age the property, in respect to which com])ensation shall have been so paid or deposited as aforesaid. Such order shall not be appeal- able as a separate order, if the same be entered in time to be made a part of the record on appeal or writ of error from the judgment, or before the cause is taken under advisement upon hearing by the Supreme Court, but may be reviewed upon appeal or writ of error from the judgment. (93 111., 125; 77 111., app., 242.) 374. Proceedings pending appeal.] § 32 Upon the return of a verdict in a proceeding to acquire property for a public improve- ment, if no motion for a new trial be made, or if made, then if over- ruled, the petitioner shall within ninety days after final judgment as to all defendants, both as to the amount of damages and com- pensation to be awarded and benefits to be assessed, elect whether it will dismiss said proceeding or enter judgment in [on] said verdict. If it shall elect to enter such judgment, it shall become thereby bound and liable to pay the amount thereof, whether such assess- ment be collected or not, and such judgment or condemnation shall not be conditional. Petitioner shall not thereafter be permitted to withdraw from such proceedings or to dismiss the same, without the consent of all parties whose land is thereby condemned, except as hereinafter provided. In case an appeal or writ of error be taken by either party from the judgment of condemntaion or confirmation, then unless the petitioner shall file in the cause its written election to proceed with the improvement, notwithstanding the appeal, no steps shall be taken to collect the assessment, nor to compel payment of the compensation awarded, until said appeal or writ of error be disposed of and final judgment entered in the cause; or in case of reversal, until a new trial and judgment; but in case of final reversal petitioner may still elect to abandon the proceeding ; Provided, the same be done within sixty (60) days thereafter. 375. Filing roll — commissioners- — deficiency^ — revised assess- ment roll — notice.] § 33. If, in any case, upon the filing of the roll by the commissioners, it shall appear that the amount assessed as benefits is not sufficient to pay the awards, with the costs; or if, upon the disposition of the whole case, any such deficiency shall appear, the court may, on the application of the petitioner, cause the roll to be again referred to the same or other commissioners, to be recast; and in such cases said commissioners shall consider and report whether or not other premises will be benefited by said ABSTRACT OF STATUTES 117 improvement, or whether or not the premises already assessed will be benefited thereby in any greater amount, and in what amount, if any; and shall make and return a revised assessment roll and the same may be done from time to time, as often as any deficiency shall appear. But no lot, block, tract or parcel of land shall be assessed more than it will be benefited by said improvement, nor more than its proportionate share of the costs of the improvement. If any premises not already described in said roll shall be assessed by the commissioners, the owners thereof shall be shown, a[nd] notice given as for an original assessment ; and if the assessment on any premises previously assessed shall be increased thereby, or if any property shall be newly assessed, the owner thereof, if not already represented in court, shall be notified in like manner, and a hearing shall be had as above provided. 376. Special waterworks tax or bridge tax.] § 33a. Whenever any ordinance shall be passed for the making of a local improvement consisting of a waterworks system or a bridge or viaduct, the esti- mated cost of which shall not be less than thirty thousand dollars ($30,000) (any portion of which is to be defrayed by special assess- ment), and the assessment therefor shall have been made and the report thereof filed in the court having jurisdiction thereof, in and by which assessment the amount assessed against the city, town or village as public benefits, shall exceed one per centum of the total amount of the taxable property in such city, town or village as shown by the last preceding assessment for state and county taxes, the city council of such city, and the board of trustees of such town or village shall have power to levy, in addition to the taxes now authorized by law, a direct annual tax for not exceeding thirty successive years, and not exceeding one cent on the dollar of all taxable property in such city, town or village, the same to be levied and collected with, and in like manner as the general taxes of said city, town or village, and be known as "the waterworks tax," or "bridge tax," as the case may be, and the fund arising therefrom shall be known as the "water- works fund," or "bridge fund, " as the case may be; which funds shall be used solely for the purpose of paying such assessments for public benefits: Provided, however, that the proposition to levy such tax shall first be submitted to the voters of such city, town or village at a general or special election to be called by an ordinance duly passed by the city council of such city, or the board of trustees of such town or village, in and by which the proposition or propositions to be submitted shall be defined, the time of holding of such election shall be fixed and the form of the notice to be given shall be prescribed. Such notice shall be given by posting a copy thereof in each of ten public or more public places, in such city, town or village, and by pub- lishing the same once in each week for three successive weeks in one or more newspapers published in such city, town or village, the 118 ABSTRACT OF STATUTES first publication of which notice and the posting of said notice shall be at least twenty days before the day on which said election is to be held, and in case no newspaper shall be published in said city, town or village, then by the publication thereof in the nearest newspaper thereto, and by posting at least five notices in each ward thereof for the length of time aforesaid. At such election official ballots shall be used and the judges and clerks thereof shall be appointed in the same manner and the number and location of the polling ])laces shall be the same as at the general elections for the election of officers in such city, town or village, and such elections shall in all other respects be conducted and the returns thereof made in the same manner as in ease of such general elections. If more than two-thirds of the votes cast upon the proposition or propositions submitted at such election shall be in favor of the same, the tax so authorized shall be levied according to the specifications contained in such ordinance, but no more than three mills upon the dollar shall be levied for the purpose of paying the assessment for the construction of an\- bridge, or viaduct, and no more than ten mills on the dollar for the construction of any such water works system. 377. Improvements requested by majority of frontage — side- walks.] § 34. Whenever the owners of one-half of the property abutting on any street, alley, park or public place, or portion thereof, shall petition for any local improvement thereon, the board of local improvements in any city, village or town shall take the steps here- inbefore required for hearing thereon, but at such hearing shall consider only the nature of the proposed improvement and the cost thereof, and shall determine, in the manner above provided, the nature of the improvement which it will recommend, and shall thereupon prepare and transmit to the legislative body a draft of an ordinance therefor, together with an estimate of the cost, as above described, and shall recommend the passage thereof, which recommendation shall be prima facie evidence that all the prelim- inary steps required by law have been taken; and thereupon it shall be the duty of such legislative body to pass an ordinance for the said jinprovement, and take the necessary steps to have the same carried into effect. Whenever any ordinance shall provide only for the building or renewing of any sidewalk, the owner of any lot or piece of land fronting on such sidewalk shall be allowed forty (40) days after the time at which said ordinance shall take effect in which to build or renew such sidewalk opposite to his land, and thereby relieve the same from assessment: Provided, the work to be done shall in all respects conform to the requirements of such ordinance. Notice of the passage of such ordinance shall be sent by mail within ten days after such passage to the person who paid taxes the on sa^-d premises for the preceding year, if he or they can be found ABSTRACT OF STATUTES 119 in said county, and also a like notice addressed to the "occupant" of said property, if the same be at such time actually occupied and an affidavit of such service shall be filed with the official report of such assessment. Such affidavit shall be prima facie evidence of a compHance with said requirements. (188 111., 348.) 378. Special tax.] § 35. When the ordinance under which a local improvement shall be ordered shall provide that such im- provements shall be made whooly [wholly] or in part by special taxation of contiguous property, such special tax shall be levied, assessed and collected, as nearly as may be, in the manner provided in the section of this Act providing for the mode of making, assess- ing and collecting special assessments: Provided, That no special tax shall be levied or assessed upon any property to pay for any local improvement in an amount in excess of the special benefit which such property shall receive from such improvement. Such ordinance shall not be deemed conclusive of such benefit, but the question of such benefit and of the amount of such special tax shall be subject to the review and determination of the court, and be tried in the same manner as in proceedings by special assessment. 379. Special assessment.] § 36. When the ordinance under which a local improvement is ordered to be made, containing no provisions for the condemnation of private property therefor, shall provide that such improvement shall be wholly or in part paid for by special assessment, the proceedings for the making of such assess- ment shall be in accordance with the following provisions of this Act. 380. Jurisdiction of courts.] § 37. Upon the passage of any ordinance for a local improvement pursuant thereto, it shall be the duty of the officer specified therein, to file a petition in some court of record in said county, in the naine of such municipality, praying that steps be taken to levy a special assessment for the said improvement, in accordance with the provisions of the said ordinance. The several circuit, county and city courts of this state, and the Superior Court of Cook county, shall have jurisdiction of any proceeding under this Act. There shall be attached to or filed with such petition a copy of the said ordinance, certified by the clerk, under corporate seal; also a copy of the recommendation of the board of local improvements, and of the estimate of the cost, as approved by the legislative body. The failure to file any or either of said copies shall not effect the jurisdiction of the court to proceed in said cause, and to act upon said petition, but if it shall appear in any such cause that such copies have not been attached to or filed with said petition before the filing of the assessment roll therein, then upon motion of any objector for that purpose, on or before the appearance day in said cause, the entire petition and pro- ceeding shall be dismissed : Provided, that city courts shall have juris- diction only within their respective territorial jurisdiction. All pro- 120 ABSTRACT OF STATUTES ceedings had and all decrees, judgments and orders heretofore entered in any city court in this state, concerning special assessments or special taxes concerning local improvements within the territorial jurisdic- tion of said city court shall be held good and valid as if done and performed under this Act. 381. Order for assessment.] § 38. Upon the filing of such petition, the superintendent of special assessments, in cities where such officer is provided for by law, otherwise some competent person appointed by the president of the board of local improvements, shall make a true and impartial assessment of the cost of the said im- provement, upon the petitioning municipality and the property benefited by such improvement. 382. Apportionment of cost.] § 39. It shall be the duty of such officer to estimate what proportion of the total cost of such improvement will be of benefit to the public, and what proportion thereof will be of benefit to the property to be benefited, and to apportion the same between the city, village or town and such property, so that each shall bear its relative equitable proportion; and, having found such amounts, to apportion and assess the amount so found to be of benefit to the property, upon the several lots, blocks, tracts and parcels of land, in the proportion in which they will be severally benefited by such improvement : Provided, that no- lot, block, tract, or parcel of land shall be assessed a greater amount than it will be actually benefited; and when the proposed improve- ment is for the construction of a sewer, to investigate and report the district which will be benefited by such proposed sewer, describ- ing the same by boundaries. 383. Descriptions of property assessed.] § 40. In levying any special assessment or special tax, each lot, block, tract or parcel of land shall be assessed separately, in the same manner as upon assessment for general taxation: Provided, That this requirement shall not apply to the property of railroad companies, or the right- of-way and franchise of street railway companies, but the same may be described in any manner sufficient to reasonably identify the property intended to be assessed. 384. Assessment roll — notices.] §41. The assessment roll shall contain a list of all lots, blocks, tracts and parcels of land as essed for the proposed improvement, the amount assessed against each, the name of the person who paid the taxes on each such parcel during the last preceding calendar year in which taxes were paid, as ascertained upon investigation by the officer making the return, or under his direction, the residence of the person so paying the taxes on x;aeh such parcel if the same can, on dihgcnt inquiry, be found; in case of assessment in installments the amount of each in- stallment shall also be stated; and the officer making such roll shall ABSTRACT OF STATUTES 121 certify under oath that he verily beHeves that the amounts assessed against the pubHc and each parcel of property are just and equitable, and do not exceed the benefit which will in each case be derived from said improvement, and that no lot, block, tract or parcel of land has been assessed more than its proportionate share of the cost of said improvement. Several lots, or parts of land, owned and improved as one parcel, may be assessed as one parcel. Unsubdivided tracts of land may, for the purpose of spreading assessments for house drains and water service pipes, be divided into lots of a frontage of twenty-five (25) feet each; and any fraction of frontage then remaining may be assessed as a fractional lot. Notice shall be given of the nature of the improvement, of the pendency of said proceeding, of the time and place of filing the petition therefor, of the time and place of filing- the assessment roll therein, and of the time and place at which application will be made for confirmation of the assessment, the same to be not less than fifteen (15) days after the mailing of such notices. Such notices shall be sent by mail postpaid to each of the said persons paying the taxes on the respective parcels during the last preceding year in which taxes were paid, at his residence as shown in the assessment roll, or, if not shown, then to such person so paying the taxes, directed generally to the city, village or town in which said improvement is proposed to be made. Such notice shall state the amount assessed to the person to whom the same is directed for the improvement proposed, the total amount of the cost of said improvement, and the total amount assessed as benefits upon the public. An affidavit shall be filed be- fore the final hearing showing a compliance with the requirements of this section, and also showing that the afifiant (either the officer making the said return, or some one acting under his direction) made a careful examination of the collector's books showing the pajrments of general taxes during the last preceding year in which the taxes were paid theron, to ascertain the person or persons who last paid the taxes on said respective parcels, and a diligent search for their residences, and that the report correctly states the same as ascertained by the affiant ; and said report and affidavit shall be con- clusive evidence, for the purpose of said proceeding, of the correct- ness of the assessment roll in said particulars; but in case the said affidavit shall be found in any respect wilfully false, the person mak- making the same shall be deemed guilty of perjury, and subject to the pains and penalties provided for such offense by the laws of this state. (236 111., 129.) 385. Division into installments — payment of interest.] § 42. It shall be lawful to provide by the ordinance for any local im- provement, any portion of the cost of which is to be defrayed by 122 ABSTRACT OF STATUTES special assessment or special taxation, or by ordinance passed at any time before the confirmation of the assessment roll, that the aggregate amount assessed, and each individual assessment, and also the as- sessment against the municipality on account of property owned by the municiimlity and for public benefits, be divided into installments, not more than ten (10) in number: Provided, however, that any such special assessment or special tax levy for building sewers, subways or \'iaducts may in like manner be divided into not exceeding twenty (20) installments. In all cases such divisions shall be made so that all installments shall be equal in amount, except that all fractional amounts shall be added to the first installment, so as to leave the remaining installments of the aggregate equal in amount and each a multiple of one hundred dollars ($100). The first installment shall be due and payable on the second day of January next after the date of the first voucher issued on account of work done, and the second installment one (1) year thereafter, and so on annually until all installments are paid; and it is hereby made the duty of the board of local improvements to file in the office of the clerk of the court in which such assessment was confirmed a certificate, signed by its secretary, of the date of said first voucher and of the amount thereof, within thirty (30) days after the issuance thereof. All in- stallments shall bear interest as hereinafter provided until paid, at the rate of five (5) per centum per annum. Interest on assessments shall begin to run from the date of the first voucher issued on ac- count of work done as aforesaid. The interest on each installment shall be payable as follows : On the second day of January next suc- ceeding the date of the first voucher aforesaid, so certified as afore- said, the interest accrued up to that time on all unpaid installments shall be due and payable and be collected with the installment, and thereafter the interest on all unpaid installments, then payable, shall be payable annually, and be due and payable at the same time as the installments maturing in such year and be collected therewith. In all cases it shall be the duty of the municipal collectors, as the case may be, whenever payment is made of any installment, to col- lect interest thereon up to the date of such payment, whether such payment be made at or after maturity. Any person may at any time pay the whole assessment against any lot, piece or parcel of land, or any installment thereof, with interest as provided herein up to the date of payment. Whenever any city, town or village has heretofore levied for any public improvement a special tax or a special assessment, payable in not to exceed ten (10) installments, of which all except the first draw interest at any rate specified in the ordinance under the authority of which such improvement is made, not exceeding five (5) per cent, per annum, and judgment has been duly entered in such proceeding confimiing such tax or such assessment, payable as aforesaid, the judgment in such pro- ceeding shall not be invalid because said assessment is so divided or ABSTRACT OF STATUTES 123 because the rate of interest therein is fixed at five or at four per cent, as the case may be, but all such judgments, unless void for other reason, shall be valid and enforcible. And when improvement bonds shall have been issued for the purpose of anticipating the collection of the deferred installments of any such special tax or assessment, such bonds shall not, if otherwise valid, be void either because of the number of series into which they are divided or the rate of interest they bear; but if such bonds are in other respects in compliance with the statute of the State of Illinois in such case made and provided, they shall be valid and enforceable to the extent that the tax or assessment against which they are levied is enforce- able, or any re-levy thereof. The provisions of this section as to the division of installments and rate of interest shall apply to all ■cases pending in court and unconfirmed on July 1, 1903. 386. Retirement of bonds annually.] § 43. On or before January tenth of each year the treasurer of the municipality issu- ing such bonds, or some other officer designated by ordinance for that purpose, shall ascertain the amount of such assessment col- lected and applicable to the payment of bonds of each series unma- tured, and shall select by lot bonds of series, to such amount, to be paid therewith, and shall give notice in some newspaper published in such municipality (or if none be so published, then in the nearest newspaper), of the number of bonds to be so paid, the series thereof, the assessment to which they relate, and the particular bonds so selected to be paid, and that the same will be paid, at a place to be specified, on the tenth day of February next following. And, there- upon, from and after said tenth day of February, said bonds shall be payable, at the place so appointed, on demand, and no further interest shall accrue thereon. 387. Notice by posting and publication.] § 44. Petitioner shall, in addition to other notices hereinbefore provided for, cause at least fifteen (15) days' notice to be given prior to the time at which confirmation of said assessment shall be sought, by posting notices in at least four public places in such city or village, all of which shall be in the neighborhood of such proposed improvement, and by pub- lishing the same at least five successive days in some daily new- paper of said city, village or town; or, if no daily newspaper is pub- lished in such city, village or town, and a weekly paper is pub- lished therein, then at least once in each week for two successive weeks in some weekly newspaper; or if no daily nor weekly news- paper is published in such city, village or town, then at least once in each week for two successive weeks in some other newspaper published in the county in which said city, village or town is situated. Where other corporate authorities having power to make use of the provisions of this Act shall do so, the notice may be published in any daily or weekly newspaper in the county in which such pro- 124 ABSTRACT OF STATUTES ceeding shall be had. The notice shall be over the name of the officer levying such assessment, and be substantially as follows: "SPECIAL ASSESSMENT NOTICE." "Notice is hereby given to all persons interested that the city council (or board of trustees, or other corporate authorities, as the case may be) of having ordered that (here insert a brief description of the nature of the improvement) the ordinance for the SMme being on file in the office of the clerk having appHed to the court of county for an assessment of the costs of said improvement according to benefits, and an assessment therefor having been made and returned to said court, the final hearing thereon will be had on the day of A. D. 19... ., or as soon thereafter as the business of the court will permit. All persons desiring may file objections in said court before said day, and may appear on the hearing and make their defense." (Here give date.) Where the assessment is payable in installments, the number of installments and the rate of interest shall also be stated. 388. Continuance for notice.] § 45. If fifteen days shall not have elapsed between the first publication, or the putting up of such notice, and the day fixed in said notice for filing objections, said cause shall be continued until the next term of the court, at or prior to which time objections may be filed with the same effect as if within said fifteen days. 389. Objections.] § 46. Any person interested in any real estate to be affected by such assessment may appear and file objec- tions to such report, by the time mentioned in said notice, or in case of incomplete notice, then as specified in the last preceding section, or within such further time as the court may allow, and the court may make such order in regard to the time of filing such objections as may be made in cases at law in regard to filing pleas; but no prior rule need be taken therefor unless directed by the court; As to lots, blocks, tracts and parcels of land, to the assessment of which objections are not filed within the time aforesaid, or such other time as may be ordered by the court, default may be entered, and the assessment confirmed by the court, notwithstanding objections may be pending and undisposed of as to other property. 390. Review of roll by the court.] § 47. Upon objection or motion for that purpose, the court in which said proceeding is pending may, in a summary way, inquire whether the officer mak- ing the report has omitted any property benefited; also whether or not the assessment, as made and returned, is an equitable and just distribution of the cost of said improvement, first between the pub- lic and the property; and, second, among the parcels of property assessed. The court shall have the power, on such application be- ing made, to revise and correct the assessment levied, to change or modifv the distribution of the total cost between the public and ABSTRACT OF STATUTES 125 property benefited, and also to change the manner of distribution among the parcels of private property, so as to produce a just and equitable assessment, considering the nature of the property assessed, and its capacity for immediate use of the improvement when com- pleted. The court may either make such corrections or changes, or determine in general the manner in which the same shall be made, and refer the assessment roll to the person filing the same for re- vision and correction. The determination of the court as to the correctness of the distribution of the cost of the improvement be- tween the public and the property to be assessed shall be conclusive and not subject to review on appeal or writ of error. ( 1 85 111. , 280.) 391. Hearing of legal objections.] § 48. On the applica- tion of petitioner, at any time after the return day, the court may set down all objections, except the objection that the property of the objector will not be benefited to the amount assessed against it, and that said property is assessed more than its proportionate share of the cost of such improvement, for a hearing at a time to be fixed by the court, and upon such hearing the court shall determine all questions relating to the sufficiency of the proceedings, the dis- tribution of the cost of the improvement between the public and the property, and of the benefits between the different parcels of prop- erty assessed, together with all other question arising in such pro- ceeding, with the exception aforesaid, and shall thereupon enter an order in accordance with the conclusions it shall reach; but such order shall not be deemed a final disposition of any such questions for the purpose of appeal, unless objectors shall waive further con- troversy as to the remaining question upon the record. 392. Trial by jury.] § 49. If it be objected on the part of any property assessed for such improvement that it will not be bene- fited thereby to the amount assessed thereon, and that it is assessed more than its proportionate share of the cost of such improvement, and a jury be not waived by agreement of parties, the court shall impanel a jury to try the said issue, and in such case, unless other- wise ordered by the court, all such objections shall be tried and dis- posed of before a single jury. The assessment roll, as returned by the officer making the same, or as revised and corrected by the court on the hearing of the legal objections, shall be prima facie evidence of the correctness of the amount assessed against each ob- jecting owner, but shall not be counted as the testimony of any wit- ness or witnesses in the cause. Either party may introduce such other evidence as may bear upon the said issue or issues. The hear- ing shall be conducted as in other cases at law, and if it shall appear that the premises of any objector are assessed more than they will be benefited by the said improvement or more than its proportionate share of the cost of such improvement, the jury shall so find, and 126 ABSTRACT OF STATUTES shall also find the amount for which such ]jrcmises ought to be as- sessed, and judgment shall be rendered accordingly, 393. Distribution of deficiency.] § 50. Wherever, on a hear- ing by the coi;rt, or before a jury, the amount of any assessment shall be rendered [reduced] or canceled, so that there shall be a deficiency in the total amount remaining assessed in the proceed- ing, the court shall have the power, in the same proceeding, to dis- tribute such deficiency upon the other j^roperty in the district assessed, in such manner as the ( ourt shall find to be just and equitable, not exceeding, however, the amount it will be benefited by said improve- ment. In case any portion of such deficiency be charged against such property not represented in court, a new notice, of the same nature as the original notice, shall be given in like manner as the original notice, to show the cause why the said assessment, as thus increased, should not be confirmed, and the owners of or parties interested in such property shall have the right to object in the same form and with the same effect as in case of the original assessment, and the court shall have the same power to dispose thereof. 394. Precedence for trial.] § 51. The hearing in all the eases arising under this Act, if in the County Court, may be had at either a law or a probate term of said court; and such proceedings shall have precedence over all others cases in any court where the same shall be brought, except criminal cases or other cases in which the public is a moving party. 395. Modification by court.] § 52. The court before which any such proceedings may be pending shall have authority to modify, alter, change, annul or confirm any assessment returned as afore- said, in addition to the authority already conferred upon it, and may take "all such proceedings, and make all such orders, as may be necessary to make a true and just assessment of the cost of such improvement, according to the principles of this Act, and may from time to time, as may be necessary, continue the application for that purpose, as to the whole or any part of the premises. 396. Land to be first acquired.] § 53. No special assessment or special tax shall be levied for any local improvement until the land necessary therefor ; hall be acquired and in possession of the municipality, except in eases where proceedings to acquire such land shall have been begun, and proceeded to judgment. 397. Prior improvement of same kind no objection.] § 54. It shall be no objection to the legality of any local improvement, that a similar one shall have been previously made in the same locality, if the ordinance therefor be recommended by the board of local improvements, as above provided; but nothing herein con- tained shall be construed to interfere with any defense in said pro- ceeding relating to the benefits received therefrom. ABSTRACT OF STATUTES 127 398. Judgment on installment assessments.] § 55. In case of a special assessment or a special tax levied to be paid by install- ments, under the provisions of this Act, the order of confirmation that shall be entered upon the return of the assessment roll shall apply to all of the installments thereof, and may be entered in one order. 399. Effect of judgment.] § 56. The judgments of the court shall be final as to all the issues involved, and the proceedings in said cause shall be subject to review by appeal or writ of error, as hereinafter provided, and not otherwise : Provided, however, that by mutual consent the same may be vacated or modified at a subsequent terni, except as hereinafter provided. Such judgments shall have the effect of several judgments as to each tract or parcel of land assessed, and no appeal from any such judgment or writ of error shall invalidate or delay the judgments, except as to the property concerning which the appeal or writ of error is taken. Such judgments shall be a lien upon the property assessed from the date thereof, to the same extent and of equal force and validity as a lien for the general taxes, for a period of five years, if such assessment is payable in a single sum; if payable by install- ments, then until five years after the lasc installment comes due. Nothing in this section contained shall interfere with the right of the petitioner to dismiss its proceedings, and for that purpose to vacate such judgment at its election at any time before commencing the actual collection of such assessment, and no judgment entered in such proceeding so dismissed and vacated shall be a bar to another like or different improvement : Provided that after the contract for the work shall have been entered into, or the bonds mentioned in this Act issued, no judgment shall be vacated or modified or any petition dismissed at a term subsequent to that at which the judg- ment was rendered, nor the collection of the assessment be in any way stayed or delayed by the council or board of trustees, or board of local improvements, or any officer of the municipality, without the consent of the contractor and bondholder. 400. Vacation of assessment — new assessment.] § 57. If any assessment shall be annulled by the city council or board of trustees, or set aside by any court, a new assessment may be made and re- turned, and like notice given and proceedings had as herein required in relation to the first; and all parties in interest shall have like rights, and the city council or board of trustees and the court shall perform like duties and have like power in relation to any subse- quent assessment as are hereby given in relation to the first assess- ment. 401. New assessments for completed work.] § 58. No special assessment shall be held void because levied for work already done under a prior ordinance, if it shall appear that such work was done 128 ABSTRACT OF STATUTES in good faith, by the contracts duly let and executed, pursuant to an ordinance j^roviding that such improvement should be paid for by special assessment or special tax. This provision shall only apply when the prior ordinance shall be held insufficient for the purpose of such assessment, or otherwise defective, so that the collection of the assessment therein provided for becomes impossible. A new or special ordinance shall in such case be passed providing for such assessment, and such ordinance need not be presented by the board of local improvements. 402. Supplemental assessments — rebates.] § 59. At any time after bids have been received pursuant to the provisions of this Act, if it shall appear to the satisfaction of the board of local improvements that the first assessment is insufficient to pay the contract price, or the bonds or vouchers issued or to be issued in payemnt of such con- tract price, together with the amount required to pay the accruing interest thereon, said board shall make and file an estimate of the amount of such deficiency, and thereupon a second or supplemental assessment for such estimated deficiency of the cost of the work and interest may be made in the same manner as nearly as mav be as in the first assessment, and so on until sxifficient mone}' shall have been realized to pay for such improvement and such interest. It shall be no objection to such assessment that the prior assessment has been levied, adjudicated and collected, unless it shall appear that in such prior cause upon proper issue made, it was specially found in terms, that the property objected for would be benefited by said improve- ment no more than the amount assessed against it in such prior pro- ceedings. If too large a sum shall at any time be raised, the excess shall be refunded ratably to those against whom the assessment was made: Provided, however, the petitioner, in case it so elects, may dismiss the petition and vacate the judgm.ent of confirmation either at or after the term at which the judgment of confirmation is rendered, and begin new proceedings for the same or a different im- provement as provided in section 56 of this Act, as amended : Pro- vided, further, that if said estimated deficiency shall exceed ten per centum of the original estimate, then a public hearing shall be had on said supplemental proceeding in like manner as in the original proceedings: And, provided, further, that no more than one supple- mental assessment shall be levied to meet any deficiency where said deficiency is caused by the original estimate made by the engineer, being insufficient. 403. New assessment against delinquents.] § 60. If from any cause any city, village or town shall fail to collect the whole or any portion of any special assessment or special tax which may be levied which shall not be canceled or set aside by the order of any court, for any public improvement authorized to be made and paid for by a special assessment or a special tax, the city council or board of trus- ABSTRACT OF STATUTES 129 tees may, at any time within five years after the the confirmation of the original assessment, direct a new assessment to be made upon the delinquent property for the amount of such deficiency and inter- est thereon from the date of such original assessment, which assess- ment shall be made, as nearly as may be, in the same manner as herein prescribed for the first assessment. In all cases where partial pay- ments shall have been made on such former assessinents, they shall be credited or allowed on the new assessment to the property for which they were made, so that the assessment shall be equal and impartial in its results. If such new assessment prove insufficient, either in whole or in part, the city council or board of trustees may, at any time within said period of five years, order a third to be levied, and so on in the same manner and for the same purpose ; and it shall con- stitute no legal objection to such assessment that the property may have changed hands, or been encumbered, subsequent to the date of the original assessment. 404. Certifying roll.] § 61. Within thirty (30) days after the fili ng of the report of the amount and date of the first voucher issued on account of work done, as provided in section 42 of this Act as herein amended, the clerk of the court in which such judgment is rendered shall certify the assessment roll and judgment to the officer of such city, village or town, authorized to collect such special assessment; or, if there has been an appeal or writ of error taken on any part of such judgment, then he shall certify such part of the judgment as is not included in such appeal or writ of error, and such certification shall be filed by the officer receiving the same in his office. With such assessment roll and judgment the clerk of such court shall also issue a warrant for the collection of such as- sessment. The court shall have power to recall such warrants as to all or any of the property affected at any time before payment or sale, in case the proceedings be abandoned by the petitioner or the judgment be vacated or modified in a material respect as hereinbe- fore provided, but not otherwise, and in case said assessment roll has been abated and the judgment reduced in accordance with the provisions of section eighty-four (84) of this Act, the clerk of said court shall, within thirty (30) days thereafter, certify the said order of reduction or the said roll as so reduced or re-cast, under the directions of the court, to said officer so authorized to collect such special assessment, and shall issue a warrant for the collection of such assessment as so reduced or re-cast. 405. Effect of issue of warrant.] § 61a. Whenever any warrant shall be issued by the clerk of the court in which the judgment of confirmation is rendered, for the collection of any special assess- ment to which this amendatory Act relates, such warrant shall not authorize the collection of any assessment levied against the city, town or village for or on account of public benefits; but said 130 ABSTRACT OF STATUTES clerk shall likewise certify the assessment roll and judgment to the clerk or comptroller, if any, of such city, town or village upon being requested so to do by such clerk. The several and respective install- ments of the amounts that may be assessed against the city, town or village for and on account of benefits and confirmed by the court, shall be paid out by the treasurer of the city, town or village from and out of any moneys arising from the collection of the direct annual tax provided for in and by section 33a of this amendatory Act, and out of any other moneys in his hands that may be used for that purpose whenever he shall be legally authorized so to do by an ordi- nance of said city, town or village. Any such city, town or village may pay for any land to be taken or damaged in the making of any local improvement to which this amendatory Act relates, before any such assessment or any installment thereof shall become due, and when the same becomes due, the amount so paid shall be credited upon the assessment against the city, town or village so paying in advance. 406. Warrant to collector.] § 62. Should an appeal or writ of error be taken on any part of such judgment, and the board elect to proceed with the improvement, notwithstanding such an appeal, as provided for in section seventy-five (75) of this Act, the clerk shall certify such appealed portion, from time to time, in the manner above mentioned, as the judgment is rendered thereon, and the warrant accompanying such certificate in each case shall be author- ity for the collection of so much of such assessment as shall be in- cluded in the portion of the roll thereto attached. The warrant in all cases of assessment, under this Act, shall contain a copy of such certificate of the judgment describing lots, blocks, tracts and parcels of land assessed so far as they shall be contained in the por- tion of the roll so certified, and the respective amount assessed on each lot, block, tract or parcel of land, and shall be delivered to the officer authorized to collect such special assessment. The collector having a warrant for any assessment levied to be paid by installments may receive any or all of the installments of such assessment, but if in part only, then in their order. 407. Collector's notice.] § 63. The collector receiving such warrant shall immediately give notice thereof by publishing a notice in one or more newspapers in such city, town or village, if such news- paper is there; and if there is no such newspaper, then by posting fotir copies thereof in public places along the line of the proposed improvement; such notice may be substantially in the following form: SPECIAL ASSESSMENT NOTICE. Special Warrant, No Notice: Public notice is hereby given that the (here insert title of court) has rendered judgment for a special assessment (or special tax) upon property ABSTRACT OF STATUTES 131 benefited by the following improvement: (here describe the character and location of the improvement in general terms), as will more fully appear from the certified copy of the judgment on file in my office; that the warrant for the collection of such assessment (or special tax) is in the hands of the undersigned. All persons interested are hereby notified to call and pay the amount assessed at the collector's office, (here insert location of office,) within thirty days from the date hereof. Dated this day of A. D. 19 .... Collector. When such assessment or special tax is levied to be paid in in- stallments, such notice shall, in addition to the foregoing, contain the amount of each installment, the rate of interest deferred install- ments bear, the date when payable. 408. Collector's demand — penalty — entry of payment.] § 64. It shall be the duty of the collector into whose hands the warrant shall come, as far as practicable, to call upon all persons, resident within the neighborhood, whose names appear upon the assessment roll, or the occupants of the property assessed, and personally, or by written or printed notices left at his or her usual place of abode, inform them of such special assessment, and request payment o' the same. Any such collector omitting to do so shall be liable to a penalty of ten dollars for every such omission, but the validity of the special assessment, or the right to apply for and obtain judgment thereon, shall not be affected by such omission. It shall be the duty of such collector to write the word "paid" opposite each tract or lot on which the assessment is paid, together with the name and post- ofifice address of the person making the pa>Tnent, and the date of payment. 409. Report of collector of delinquent list to general officer.] § 65. It shall be the duty of the collector on or before the first day of April in each year, to make a report in writing to the general officer of the county authorized or to be designated by the general revenue laws of this state to apply for judgment and sell lands for taxes due the county and state, of all the land, town lots, and real property on which he shall be unable to collect special assessments, or installments thereof matured and payable, or interest thereon, or interest due to the preceding January second on installments not yet matured on all warrants in his hands, with the ainount of such delin- quent special assessment or installments and interest, together with his warrants; or, in case of an assessment levied to be paid by in- stallments, with a brief description of the nature of the warrant or warrants received by him authorizing the collection thereof, which report shall be accompanied with the oath of the collector that the list is a correct return and report of the land, town lots and real property on which the special assessment (or special tax levied by 132 ABSTRACT OF STATUTES the authority of the city of or town or village of as the case may be), or installments thereof, or interest, remaining due and unpaid; that he is unable to collect the same, or any part thereof, and that he has given the notice required by law that such warrants have been received by him for collection. 410. Report to be evidence.] § 66. Said report, when so made, shall be prima facie evidence that all the forms and requirements of the law, in relation to the making of said return, have been com- plied with, and that the special assessments, or special taxes, or the matured installments thereof, and the interest thereon, and the interest accrued on installments not yet matured, mentioned in said report, are due and unpaid, and upon the application for judgment of sale upon such assessment or matured installments thereof, or the interest thereon, or the interest accrued on installments not yet matured, no defense or objection shall be made or heard which might have been interposed in the proceeding for the making of such assessment, or the application for the confirmation thereof, and no errors in the proceeding to confirm, not affecting the power of the court to entertain and consider the petition therefor, shall be deemed a defense to the application herein provided for. When such application is made for judgment of sale on an install- ment only of an assessment payable by installments, all questions affecting the jurisdiction of the court to enter the judgment of con- finnation and the validity of the proceedings shall be raised and determined on the first of such application. On application for judgment of sale on any subsequent installment, no defense, except as to the legality of the pending proceeding the amount to be paid, or actual payment, shall be made or heard. And it shall be no defense to the application for judgment on any assessment or any installment thereof that the work done under any ordinance for an improvement does not conform to the requirements of such ordi- nance, if it shall appear that the said work has been accepted by or under the direction of the board of local improvements. And the voluntary payment by the owner or his agent, of any installment, of any assessment, levied on any lot, block, tract or parcel of land, shall be deemed and held in law to be an assent to the confirmation of the assessment roll, and to be held to release and waive any and all right of such owner to enter objections to the application for judgment of sale and order for sale. The judgment of sale on any installment shall include all interest accrued on said installments up to the date of said judgment of sale, and also the annual interest due as returned delinquent by the municipal collector on any install- ment or installments not matured; and all judgments of sale for a matured installment shall bear interest on the amount of the prin- cipal of said matured installment to the date of payment or sale. (188 111., 206.) ABSTRACT OF STATUTES 133 411. Application for judgment — sale — revenue laws to govern.] § 67. When such general officer shall receive the report above provided for, he shall proceed to obtain judgment against said lots and parcels of land and property for said special assessments and said special taxes, or installments thereof, and interest remaining due and unpaid, in the same manner as is or may be by law provided for obtaining judgment against lands for taxes due and unpaid the county or state; and shall in the same manner proceed to sell the same for the said special assessments, special taxes or installments thereof, and interest remaining due and unpaid. In obtaining such judg- ments and making such sale, the said officer shall be governed by the general revenue law of the state, except when otherwise provided herein. No application for judgment against lands for unpaid special taxes or special assessments shall be made at a time different from the annual application for judgment against lands upon which general taxes remain due and unpaid. The appHcation for judgment upon delinquent special assessments or special taxes in each year shall include only such special assessments, special taxes, or installments thereof, and interest as shall have been returned as delinquent to the county collector on or before the first day of April in the year in which said application is made: Provided, That such judgment of sale shall include interest on matured installments up to the date of such judgment, as herein provided. 412. Return of sale — redemption.] § 68. After making said sale, the list of lots, parcels of land and property sold thereat shall be returned to the office of the county clerk and redemption may be made as provided for by the general revenue law of this state. 413. Sale where assessment paid — penalty.] § 69. If the collector shall receive any moneys for taxes or assessments, or in- stallments thereof, and give a receipt therefor, for any land or parcel of land, and afterwards make a return that the said tax, assessment or installment thereof was unpaid, to the State officers authorized to sell land for taxes, or shall receive the said amount so payable after such return has been made, and the said property be sold for any tax, assessment or installment thereof which has been so paid and receipted for by himself or his clerks, he and his bondsmen shall be liable to the holder of the certificate given to the purchaser at the said sale for double the amount of the face of the certificate, to be demanded in two years from the date of the sale, and recovered in any court having jurisdiction of the amount; and the city, village or town shall in no case be liable to the holder of such certificate. 414. Paying over — compensation.] § 70. The collector or col- lectors, and the general officer aforesaid to whom the said warrants shall be returned, shall pay over to the city, village or town treasury to which it shall belong, all moneys collected by them, respectively. 134 ABSTRACT OF STATUTES upon, and by virtue of such warrant, or upon any sale for taxes, or otherwise, at such time or times and in such manner as shall be pre- scribed by ordinance, and shall be allowed such compensation for their services in the collection of such assessment as the ordinance of the city or village may provide, except when such compensation is fixed by a general law. (120 111., 234.) 415. General revenue laws apply.] § 71. The general revenue laws of this State, in reference to proceedings to recover judgment for delinquent taxes, the sale of property thereon, the execution of certificates of sale and deeds thereon, the force and effect of such sales and deeds, and all other laws in relation to the enforcement and col- lection of taxes, and redemption from tax sales, except as herein other- wise provided, shall be applicable to proceedings to collect such special assessments and special taxes. (165 111., 154; 185 111., 369.) 416. Municipality may buy in.] § 72. Any .city, village or town interested in the collection of any tax or special assessment, may, in default of other bidders, become a purchaser at any sale of propert}' to enforce the collection of the same, and may, by ordi- nance, authorize and make it the duty of one or more municipal officers to attend such sales and bid thereat in behalf of the corpor- ation. 417. Contracts payable from assessments — claim limited to funds collected — account to be kept.] § 73. No person or persons or bodies corporate, taking any contracts from the city, village or town, and agreeing to be paid out of special assessments or special taxes, shall have any claim or lien upon the city, village or town in any event, except* from the collection of special assessments or special taxes made or to be made for the work contracted for, but the munici- pality s/.all cause collections and payments to be made with all reasonable diHgence. And in such case, if it shall appear that such assessment or tax can not be levied nor collected, the municipality shall not, nevertheless, be in any way liable to such contractor or contractors in case of failure to collect the same, but shall, so far as it can legally do so, with all reasonable diligence, cause a valid assess- ment or assessments, special tax or taxes, to be levied and collected to defray the cost of said work until all contractors shall be fully paid, and any contractor shall be entitled to summary relief of mandamus or injunction to enforce the provisions hereof. The city treasurer shall keep a separate account with each special assessment warrant number, and with the money received there- under. 418. Letting contracts — when city, etc., may perform the work.] § 74. All contracts for the making of any pubhc improvement, to be paid wholly or in part by special assessment or special tax, and any work or other public improvements, when the expense thereof ABSTRACT OF STATUTES 135 shall exceed five hundred dollars ($500), shall be let to the lowest responsible bidder in the manner herein prescribed, such contracts shall be approved by the president of the board of local improvements. In case of any work in which it is estimated that the work will not cost more than five hundred dollars ($500), if after receiving bids it shall appear to said Board of Local Improvements that said work can be performed better and cheaper by the city, town or village, or the authorities thereof, the authorities of the city, town or village, shall perform said work and employ the necessary help therefor, and the cost of said work by said city, town or village, or the authorities thereof, shall in no case be more than the lowest bid received. 419. When steps to be taken to let contracts.] § 75. Within ninety (90) days after the tenn of court at which judgment of con- formation of any special assessment or special tax, levied in pursuance of this Act, has been entered, if there be no appeal perfected, or other stay of proceedings by a coiirt having jurisdiction, or in case the judg- ment for the condemnation of any property for any such improve- ment, or the judgment of confirmation as to any property be appealed from, then, if the petitioner shall file in such cause a written election to proceed with the work, notwithstanding such appeal, or other stay, steps shall be taken to let the contract for such work in the manner herein provided. If the judgment of condemnation or of confirmation of the special tax or special assessment levied for such w^ork be appealed from, or stayed by a supersedeas or other order of a court having jurisdiction, and the petitioner file no such election, then the steps herein provided for the letting of the contract for such work, shall be taken within fifteen (15) days after the final determination of said appeal or writ of error, or the determination of such stay, unless the proceeding be abandoned as herein provided. 420. Notice for letting contracts — bids.] § 76. Notice shall be given by advertisement in some newspaper, adopted for that purpose, by the board of local improvements by an order entered in their records, that bids will be received for the construction of such im- provement, either as a whole or in such sections as the board shall specify in its notice, in accordance with the ordinance therefor; which notice shall state the time of opening such bids (not more th9,n fifteen (15) nor less than ten (10) days thereafter), and shall further state where the specifications for such improvements are to be found, and whether the contractors are to be paid in cash or in bonds, and if in bonds, then the rate of interest such vouchers or bonds shall draw. If no newspaper be published in said municipality, then four such notices shall be posted, all of which shall be in the vicinity of the proposed improvement. Proposals or bids may be made either for such work as a whole or for such specified sections thereof. All pro- posals or bids offered shall be accompanied by cash or by a check 136 ABSTRACT OF STATUTES payable to the order of the president of the board of local improve- ments in his official capacity, certified by a responsible bank, for an amount which shall not be less than ten (10) per centum of the aggre- gate of the proposal. Said proposals or bids shall be delivered to the board of local improvements, and said board shall, in open session, at the time and place fixed in said notice, examine and publicly declare the same: Provided, however, that no proposals nor bids shall be considered unless accompanied by such check or cash. 421. Accepting bid — contract.] § 77. Said board of local im- provements ma}' reject any and all proposals or bids, should they deem it best for the public good; and if they shall be of the opinion that a combination exists between contractors, either to limit the numl^cr of bidders or to increase the contract price, and that the lowest bid is made in pursuance thereof, it shall be their duty to do so; and said board may reject the bid of any party who has been delinquent or unfaithful in any former contract with the munici- pality, and shall reject all proposals or bids other than the lowest regular proposal or bid of any responsible bidder, and may award the contract for said work or improvement to the lowest responsible bidder at the prices named in his bid, which award shall be recorded in the record of its proceedings. Such award, if any, shall be made within twenty days after the time fixed for receiving bids. If no award be made within said time, another advertisement for pro- posals or bids for the performance of the work, as in the first in- stance, shall be made, and thereafter [the board shall] proceed in the manner above in this Act provided ; and such re-advertisement shall be deemed a rejection of all former bids, and thereupon the respective checks and bonds corresponding to the bids so rejected shall be returned to the proper parties, but the checks accompany- ing such accepted proposals or bids shall be retained in the possession of the president of the said board until the contract for doing said work, as hereinafter provided, has been entered into, either by said lowest responsible bidder or by the owners of a majority of the frontage, whereupon said certified check shall be returned to said bidder. But if the said bidder fails, neglects or refuses to enter into a contract to perform said work or improvement, as herein pro- vided, then the certified check accompanying his bid, and the amount therein mentioned, shall be declared to be forfeited to said city, village or town, and shall be collected by it and paid into its fund for the repairing and maintenance of like improvements; and any bonds forfeited may be prosecuted, and the amount due thereon collected and paid into the said fund. 422. Effect of contract before levy of tax. § 77a. Whenever any contract shall have been awarded to any bidder for the construction of any waterworks system, bridge or viaduct referred to in this Amendatory Act, the bid of the party to whom the contract shall ABSTRACT OF STATUTES 137 have been awarded and the award therefor shall be treated as pro- visional and shall not be binding upon the party to whom the same was awarded, or upon the city, town or village until the levying of the tax herein provided for shall have been authorized by the voters of such city, town or village voting at an election to be held as herein provided. 423. Person interested entitled to hearing.] § 78. Any owner or person interested in any of the property assessed and any bidder shall be entitled to a hearing before said board on any question con- nected with any such award. 424. Notice of awarding contract.] § 79. Notice of such award of contract shall be published for two (2) days in a daily newspaper published and [and] circulated in said city, village or town, designated by the said board of local improvements, by general order for that purpose, duly entered in its records. Or where there is no daily newspaper in said city or village, by one (1) insertion of the same in a semi -weekly or weekly newspaper so published and circulated, and so designated : Provided however that in case there is no newspaper printed or published in such city, village, or town, then four (4) notices of such award shall be posted, all of which shall be in the vici- nity of the proposed improvement. 425. Owners of a majority of frontage may take contract.] § 80. The owners of a majority of the frontage of the lots and lands upon the street wherein said work is to be done, or their agents, who shall take oath that they are such owners or agents, shall not be required to present sealed proposals or bids, but may, within ten days after the first posting and publication of said notice of said award, elect to take said work, and enter into a written contract to do the whole work at ten per centum less than the price at which the same has been awarded. Should the said owners fail to elect to take said work, and enter into a written contract therefor within ten days, or to cominence the work within thirty days after the first posting and publication of said award, and to prosecute the same with diligence, it shall be the duty of the board of local improvements to enter into a contract with the. original bidder to whom the contract was awarded, and at the prices specified in his bid. 426. Rejecting bids in case of default.] § 81. If such original bidder fails or refuses for fifteen (15) days after the first posting or publication of the notice of award, or in case a contract be made with the owners, and default by them, then, within ten (10) days after notice that such owners are in default, to enter into a contract, then said board of local improvements, without further proceedings, shall again advertise for proposals or bids, as in the first instance, and award the contract for said work to the then regular lowest bidder. The bids of all persons, and the election of all owners as aforesaid, who 138 ABSTRACT OF STATUTES have failed to enter into the contract as herein provided, shall be rejected in any bidding or election subsequent to the first for the same work. 427. Completing unfinished work — contractor's bonds — pay- ment of expenses.] § 82. If the owners or contractors, who may have taken any contract, shall not complete the same within the time mentioned in the contract, or within such further time as the board of local improvements may give them, the said board may re-let the unfinished portions of the said work, after pursuing the formalities prescribed hereinbefore for the letting of the whole in the first in- stance. All contractors, contracting owners included, shall, at the time of executing any contract for such public work, execute a bond to the satisfaction and approval of the board of local improvements of said city, village or town, in such sum as the said board shall deem adequate, conditioned for the faithful performance of the contract; and the sureties shall justify, before some person competent to ad- minister an oath, in double the amount mentioned in said bond, over and above all statutory" exemptions. 428. Appointment of attorneys, engineers, clerks, inspectors, etc. — execution and acceptance of work — recourse on municipality.] § 83. The board of local improvements in cities of one hundred thousand (100,000) inhabitants and over, according to the last census, as hereinbefore provided, may appoint an attorney for the board who shall have charge, under its direction and control, of all legal matters pertaining to the board of local improvements, the conJirmation of special assessments and the collection of the same. It may also appoint an engineer for the board, and such assistant attorneys, engineers, clerks, inspectors, etc., etc., as may be necessary to carry into effect the purposes of this Act. The board is hereby authorized to make or cause to be made, the written contracts, and receive all bonds authorized by this Act, and to do any other act, expressed or implied, that pertains to the exe- cution of the work provided for by such ordinance or ordinances, and shall fix the time for the commencement of the work thereunder and for the completion of the work under all contracts entered into by it, which work shall be prosecuted with diligence thereafter to completion, and said board may extend the time so fixed from time to time, as they may think best for the public good. The work to be done pursuant to such contracts must, in all cases, be done under the direction and to the satisfaction of the board of local improve- ments, and all contracts made therefor must contain a provision to that effect, and also express notice that in no case, except as other- wise provided in the ordinance, or the judgment of the court, will said board, or municipality, except as herein otherwise provided, or any officer thereof, be liable for any portion of the expenses, nor for any delinquency of persons or property assessed ABSTRACT OF STATUTES 139 The acceptance by the said board of any improvement, shall be conclusive in the proceeding to make said assessment, and in all proceedings to collect the same, or installments thereof, on all per- sons and property assessed therefor, that the work has' been per- formed substantially according to the requirements of the ordinance therefor, but if any property owner be injured by any failure so to construct such improvement, or suffer any pecuniary loss thereby, he may recover the amount of such injury in an action on the case against the municipality making said improvement. Provided, however, that such action be commenced within one year from the date of the acceptance of the work by the board of local improve- ments. 429. Crediting excess upon assessments — report to court.] § 84. Within thirty (30) days after the final completion and ac- ceptance of the work, as hereinbefore provided, the board of local improvement shall cause the cost thereof ta be certified in writ- ing to the court in which said assessment was confirmed, together with an amount estimated by the board to be required to pay the accruing interest on bonds or vouchers issued to anticipate col- lection, and thereupon, if the total amount assessed for said im- provement upon the public and private property exceeds the costs of the same, all of said excess, excepting the amount required to pay such interest as herein provided for, shall be abated and the judgment reduced proportionately to the public and private property owners, and shall be credited pro rata upon the respective assess- ments for said improvements under the direction of the court, and, in case the assessment is collectible in installments, such reduction shall [shall] be made so that all installments shall be equal in ■amount, except that all fractional amounts shall be added to the first installment, so as to leave the remaining installments in the aggregate equal in amount and each a multiple of one hundred dol- lars ($109). If prior to the entry of the order abating and reducing said assessment the same shall have been certified for collection pursuant to the provisions of section 61 of this Act as herein amended, and any of the installments of such assessment so certified for col- lection have become due and payable, the reduction and abatement above referred to shall be made pro rata upon the other install- ments; the intent and meaning hereof being that no property owner shall be required to pay to the collector, a greater amount than his proportionate share of the cost of said work and of the interest that may accrue thereon. " In every assessment proceeding in which the assessment shall be divided into installments, it shall also be the duty of the board of local improvements to state in said certificate whether or not the said improvement conforms substantially to the requirements of the original ordinance for the construction of the improvement, and to make an application to said court to consider 140 ABSTRACT OF STATUTES and determine whether or not the facts stated in said certificate are true; and thereupon, the court shall, upon such appHcation, fix a time and place for hearing upon said petition, and shall enter the same of record, such time to be not less than fifteen (15) days after the filing of such certificate and application. PubHc notice shall be given of the time and place fixed for such hearing by posting and publishing in a newspaper, in the same manner and for the same period as provided in this Act for publishing notice of appli- cation for the confinnation of the original assessment, the posting and publication of such notice to be not less than fifteen (15) days before the day fixed by the order for such hearing. At the time and place fixed by such notice, or at any time thereafter, the court shall proceed to hear said application, and any objections which may be filed thereto within the time fixed in such order, and upon such hearing, the said certificate of the board of local improvements shall be prima facie evidence that the matters and things therein stated are true, but if any part thereof are controverted by objections duly filed upon such petition, the court shall hear and determine the same in a summary manner, and shall enter an order according to the fact. Such order of the court shall be conclusive upon all the parties, and no appeal therefrom, or writ of error thereto, shall be allowed to review or reverse the same. If upon such hearing, the court shall find against the allegations of the said certificate, it shall enter an order accordingly, but it shall then be the duty of the said board of local improvement to procure the completion of the said improvement in substantial accordance with the said ordinance, and said board may, from time to time, file additional or supplemental applications or petitions in respect thereto, until the court shall be eventually satisfied that the allegations of such certificates or petitions are true, and that said improvement is constructed in sub- stantial accordance with the said ordinance. If before the entry of such order upon such certificate, there shall have been issued to the contractor, in the progress of any such work, any bonds to apply upon the contract price thereof, said contractor, or the then owner or holder of such bonds, shall be entitled to receive in lieu thereof new bonds of equivalent amount, dated and issued after the entrv of such order. (218 111., 97.) 430. Inspector of work.] § 85. The said board of local im- provements shall cause the entire work done pursuant to any such proceeding and contract, and the materials therefor, to be care- full}' inspected during the progress of the work, to the end that the contractor or contractors shall comply fully and adequately with all the provisions of the said ordinances, and of the contract under which said work is to be done, and the specifications therefor; and upon the complaint of any property owner that the work or materials do not comply with such requirements, the president of the said ABSTRACT OF STATUTES 141 board of local improvements shall either examine the said work and materials himself, or designate some member of said board to do so, who shall make personal examination and certify in writing as to the result thereof, which written certificate shall be filed with the papers pertaining to the said board, and be open to public inspection at any time. 431. Bonds to anticipate installments of assessment.] § 86. For the purpose of anticipating the collection of the second and succeeding installments, provided for in this Act, it shall be lawful for such city, village or town, to issue bonds, payable out of said in- stallments, bearing interest at the rate of five per centum per annum, payable annually and signed by such officers as may be by ordinance prescribed ; said bonds shall be issued in sums of one hundred dollars, or some multiple thereof, and shall be dated and draw interest from the date of the issuing of the same. Each bond shall state on its face out of which installment it is payable, and shall state, by number or other designation, the assessment to which such installment belongs. The principal of such bonds shall not exceed, in the aggregate, the amount of such deferred installments, and shall be divided into as many series as there are deferred installments: Provided, Nothing herein contained shall be construed to prevent the payment of any voucher or bond out of an installment having a surplus to its credit, other than the one against which the same is issued. The intent and meaning thereof being that in case from any cause the installment against which such bond or voucher is drawn has not sufficient money to the credit thereof to pay the same, the entire amount of the assess- ment or any installment thereof may be applied toward the payment of any such vouchers or bonds issued against the assessment. Each series shall become due at some time in the year in which the corres- ponding installment will mature, such date to conform, as nearly as may be, to the time when such installment will be actually collected, such time to be estimated and determined by the municipal officers issuing such bonds : Provided, also, That it shall be lawful to provide in the case of any one or more of the bonds in any series, that such bond or bonds shall not become due until some subsequent date, not later than the thirty-first day. of December next succeeding the January in which the installment against which such series is issued, shall become due and payable. Such bonds may be in the following form: State of Illinois, \ County of J ' $ Series No Bond No of IMPROVEMENT BOND. ''The of in County, Illinois, for value received, promises to pay the bearer on the .day 142 ABSTRACT OF STATUTES of , A. D , the sum of dollars^ with interest thereon, from the date hereof, at the rate of five per centum, payable annually on presentation of the coupons hereto annexed. "Both principal and interest of this bond are payable at the office of the treasurer of said pf "This bond is issued to anticipate the collection of a part of the installment of special assessment No , levied for the purpose- of , which said installment bears interest from the day of , A. D. , and this bond and the- interest thereon are payable solely out of said installment when collected. "Dated this day of , A. D " Which said bond may have coupons attached to represent the in- terest to accrue thereon. 432. Bonds to be issued at par and accrued interest.] § 87. Said bonds may be sold or paid to the contractor having the con- tract for the improvement for which the assessment was levied, at not less than their par value and interest accrued to time of delivery, whether sold or paid to the contractor. 433. Payment by bonds — how costs paid.] § 88. Pa}anent for any improvement done or perfonned under the pro^asions of this Act to be paid for out of any special assessment or special tax levied in installments, as herein provided, may be made in the bonds herein provided for; and the first installment thereof, shall be paid to the persons or persons entitled thereto on the contract for said work: Provided however that in cities, towns and villages having a popu- lation of less than one hundred thousand, where the ordinance for the improvement provides for the collection of costs, such costs shall be first paid out of said first installment. If such first installment is not collected when payments fall due, vouchers therefor may be issued, payable out of the first installment when collected. Such vouchers shall bear no interest and shall be paid from said install- ment when collected. 434. Payment of assessment in bonds.] § 89. Any property owner may pay his assessment, wholly or in part, with the bonds or vouchers issued under this Act on account of such assessment, apply- ing, however, the bonds and vouchers of each series only to the pay- ment of the installments to which they relate. In making such pay- ments, such vouchers and bonds shall be taken at their par value and interest accrued to the date of making such payment. All vouchers and bonds received in pa\-ment of such assessment shall be canceled by the officer receiving the same, as of the date of their receipt, and deposited with the treasurer of the said town or village issuing the same. 435. Bonds secured by lien on waterworks, etc.] § 89 (a). When any city, town or village shall have provided by ordinance for the construction of a waterworks s^'stem, any portion of the cost of which is to be paid by special assessment and a direct annual tax ABSTRACT OF STATUTES 143 shall have been authorized by a vote of the people as provided in this amendatory Act, then in order to secure the payment of the cost of such construction, the contractor and holders of the bonds that may be issued in payment of such costs, in the manner provided in the Act hereby amended, shall have a lien upon such waterworks system and upon the income to be derived from the operation of the same, to secure the payment of the atnounts due them respectively, such lien to be to the fullest extent that such city, town or village may be authorized by law to create. Such city, town or village shall, upon the request in writing of the contractor for the construction of such waterworks, or the holder or holders of a majority in amount of the said bonds, convey by a deed of trust in the nature of a mortgage the waterworks system so to be constructed, and all the property, both real and personal pertaining thereto such deed of trust to secure the payment of such assessment for public benefits or such bonds as the contractor or holder of such bonds may elect, the trustee in such deed of trust to be selected by the contractor or the holder or holders of such inajority of such bonds. 436. Disposition of waterworks fund.] § 89 (b). The entire proceeds arising from the operation of such waterworks system shall be paid into the treasury of said city, town or village and be kept in a separate fund to be known as the "waterworks fund," and after the payment therefrom of the necessary running and operating expenses of such waterworks system, the balance shall from time to time be credited by said treasurer upon the assessment levied against said city, town or village for public benefits and the respective install- ments thereof; and shall be applied toward the payment of the cost of such waterworks system in the manner provided by said Act as amended; and until the said bonds so issued to pay the costs of the construction of such waterworks system, and the interest thereon shall have been fully paid, the treasurer of such city, town or village shall not pay any warrants drawn on said "waterworks fund" for any other purpose except for the payment of the necessary operating expenses of such waterworks system. In case such waterworks sys- tem shall be used and operated to supply water for any existing distributing system, then the entire proceeds derived from the opera- tion of such waterworks system and such distributing system so supplied with water shall be apportioned and divided in proportion to the original cost of such distributing system, and the cost of said waterworks system herein provided for. Such cost to be ascertained and determined by the clerk of such city, town or village. The por- tion of such income that shall be so found or determined to be on ac- count of or arose from the operation of such waterworks system shall be paid to said treasurer and placed in said "waterworks fund" and used only in the manner aforesaid. 144 ABSTRACT OF STATUTES 437. § 2. This amendatory Act shall not apply to any city, town or \'illage having a population of more than one hundred thousand inhabitants. 438. No claims except against the assessment.] § 90. No person or persons accepting the vouchers or bonds as provided herein shall have any claim or lien upon the city, town or village in any event for the payment of such vouchers or bonds or the interest thereon, except from the collections of the assessment against which said vouchers or bonds are issued, but the municiijality shall not, nevertheless, be in any way liable to the holders of said vouchers or bonds in case of failure to collect the same, but shall, with all reason- able diligence, so far as it can legally do so, cause a valid special assessment or assessments, special tax or taxes, as the case may be, to be levied and collected, to pay said bonds and vouchers, until all bonds and vouchers shall be fully paid. Any holder of vouchers or bonds, or their assigns, shall be entitled to summary relief by way of mandamus or injunction to enforce the provisions hereof. 439. Payments as work progresses.] § 91. From time to time, as the work under any contract for such improvement pro- gresses, upon certificates by the said board of local improvements, or by some officer designated by such board for that purpose, pay- ments may. be made either in money, vouchers or bonds, as herein provided, to apply upon said contract price, reserving, however, a sufficient amount upon each of said payments to properly secure, in the judgment of said board, the faithful performance of the said contract, said reserve to be paid over at such time and on such con- ditions as the board shall fix, after the said work has been completed or accepted. 440. Interest on bonds — how to be paid.] § 92. The board of local improvements, before the crediting of the excess as provided for in section eighty-four, as herein ainended, shall determine an esti- mated amount deemed as sufficient to make up any probable de- ficiency of interest, by which from any cause, collections of interest may prove insufficient to meet the interest to be paid on said bonds until they mature as hereinbefore provided. Said estimate shall be deducted out of said installments as an item of expense before credit- ing rebates of excess as herein directed and shall be used for no other purpose than to make up such deficiency until the bonds are fully paid, both principal and interest. 441. Rebates declared and paid.] § 93. If, upon final settle- ment with the contractor for any improvement and full payment of all vouchers or bonds, issued on account of such contract, there shall be any surplus remaining in such special assessment or special tax above the payments aforesaid, and above the amount necessary for the payment of interest on such vouchers or bonds as above pro- vided, it shall be the duty of the proper authorities of such city. ABSTRACT OF STATUTES 145 incorporated town or village to at once cause a rebate to be declared upon each lot, block, tract or parcel of land assessed, of its pro rata •proportion of such surplus. The board of local improvements shall cause to be kept and exhibited publicly in its office an index of all warrants upon which rebates are due and payable, and upon proper proofs, the same shall be repaid to the person entitled thereto. 442. Expenses, costs, etc., how to be paid.] § 94. The costs and expenses of maintaining the board of local improvements herein authorized, of paying the salaries of the members of said board, and the expense of making and levying special assessments or special taxes and of letting and executing contracts ; and also the entire cost and expense attending the making and return of the assessment rolls and the necessary estimates, examinations, advertisements, etc., etc., connected with the proceedings herein provided for, in- cluding the court costs, including the fees to commissioners in con- demnation proceedings, which are to be taxed as above provided, shall be paid by the city, village or town out of its general fund: Provided, however, that in cities, towns or villages of this state having a population of less than one hundred thousand by the last preceding census of the United States, or of this state, the city, village or town, as the case may be, may in and by the ordinance providing for the assessment prescribed, provide that a certain sum, not to ex- ceed six per centum of the amount of such assessment, shall be ap- plied toward the payment of the aforesaid, and other costs of making and collecting such assessment. (230 111., 180.) 443. Appeals.] § 95. Appeals from final judgments or orders of any court made in the proceedings provided for by this Act, may be taken to the supreme court of this state, in the manner provided by law, by any of the owners or parties interested in lands taken, damaged or assessed therein, and the court may allow such an appeal to be taken jointly, and upon a joint bond, or severally, and upon several bonds, as m^y be specified in the order allowing the same. 444. Writs of error.] § 96. Writs of error from the Supreme Court of this State may issue upon any such judgment on the appli- cation of owners or parties interested in the property affected thereby, as shown by the record, at any time after the disposition of the last remaining objections to the confirmation, if any, and prior to the first day of June following the entry of such judgment: Pro- vided, that if the warrant for collection as to any parcel be not returned delinquent in any year before April first, a writ of error as to such parcel may be sued out at any time before June first in the year in which the same is so returned or certified: And, pro- vided, further, that in every case there shall be filed with the clerk of the Supreme Court, with the application for such writ, an affidavit by the plaintiff in error or his agent setting forth the time when 146 ABSTRACT OF STATUTES such warrant, as to such property, was returned delinquent or so certified; and further setting:; forth that the i)erson to whom such notice of the fihng of assessment roll as to such property, as shown by the record, did not receive the same, or otherwise learn of the j.^cn- dency of the proceedings for the confirmations of said assessment until less than ten days before the entry of default against his said property in the court below. (186 111., 464.) 445. Adoption of this Act by other municipalities.] § 97. Any city or incorporated town or village, may, if it shall so detenriine by ordinance, adopt the provisions of this Act, and where it shall have so adopted this Act, it shall have the right to take all the proceedings herein provided for, and have the benefit of all the provisions hereof. 446. Cities joining in improvements.] § 97a. Any city, village or incorporated town or other corporate authorities to which the provisions of this Act shall apply, may, if it or they shall see fit, join with any other city or cities, village or villages, incorporated town or towns, or other corporate authorities (lying within the same county) to which the provisions of the Act shall apply, in the making of any local improvement or improvements hereunder, and all of the terms and provisions of the Act shall govern each of the cities, \dllages, incorporated towns, or other corporate authorities so join- ing, except where the same are hereinafter modified as follows, to-wit : The first resolution of the board of local improvements of each of the cities, villages, incorporated towns or other corporate authori- ties so joining, shall recite the advisability of making the proposed improvement with the city or cities, village or villages, incorporated town or towns, or other corporate authorities whose co-operation is desired, and the notice for public hearing, the ordinance, and the petition for the confirmation of the assessement shall, on the part of each of the cities, villages, incorporated towns or other corporate authorities so joining, make reference thereto: Provided, however, that only so much of said proposed improvement as lies within each of said municipalities, shall be described in said resolution: Pro- vided, also, that whenever a remonstrance petition as provided in section eight of this Act is filed by the owners of a majority of the property fronting that portion of said improvement which lies within any one of said petitioning municipalities, said remonstrance shall stay said joint proceeding one year from said date. Upon the coming into court of the petitions, the court shall ascer- tain if there is any substantial variance between the ordinances of the cities, villages, incorporated towns or other corporate authorities so joining, and if such substantial variance shall be found no further proceedings shall be had thereon until time shall have been granted for amendments to such ordinance or ordinances : Provided, hoifever. ABSTRACT OP STATUTES 147 that in case amendments are necessary, no further resolution, public hearing or preliminary proceedings leading up to the same shall be required. When the court shall be satisfied that the ordinances are alike in substance, it shall enter an order consolidating said petitions, and in said order, shall designate and appoint one of said petitioning municipalities thenceforth to conduct all proceedings therein in the name of the municipality so designated, and all of the provisions of this Act now applicable to municipalities of the class so designated, shall govern the proceedings for the levy and confirmation of the assessment for said improvement. The commissioner or commis- sioners so appointed by the court in special assessments or condem- nation proceedings are hereby expressly authorized and empowered to file one assessment roll and report and to levy said assessment upon all lands within the limits of said petitioning municipalities to the extent that the same may be benefited by said improvement. The proportion of the cost of said improvement, if any, which shall be of benefit to the public, shall be assessed between the peti- tioning municipalities in such amounts as shall to the court appear to be just and equitable. Neither of the petitioning municipalities shall dismiss its petition except by agreement with its co-petitioner or co-petitioners, or upon such terms as to costs as may be fixed by the court : Provided, however, that the cost of making and collect- ing that assessment for that part of the improvement lying within, the respective municipalities, shall be paid out of the general funds or levied upon the lands of each of the petitioning municipalities in the manner now provided by law. The board of local improvements of the municipality so designated by the court, shall have charge and control of all matters relating to the letting of contracts, accepting or rejecting bids, awarding and executing contracts, completing unfinished work, execution, super- intendence and inspection of work, and the issuing of bonds and vouchers, the report of the cost of the work, crediting the excess upon assessments, rebates, and final hearing as to whether the im- provement conforms substantially to the requirements of the ordi- nances therefor, and of all matters necessary to the construction of said improvement. Each petitioning municipality shall have charge and control of the collection of the assessments levied upon the land lying within its jurisdiction, and the treasurer of each of said municipalities or such other office as may be authorized by law to collect the same shall pay over the moneys so collected to the municipality so designa- ted, and appointed by the court and said municipality shall pay such moneys to the parties entitled thereto: Provided, however, that nothing in this section contained, shall be construed to prevent any city, village, incorporated town, or other corporate authorities from 148 ABSTRACT OF STATUTES proceeding independently in the making of any improvement, or portion thereof, which might be made jointly as aforesaid; Provided, that where a proposed improvement lies wholly within one munici- pality, the proportional cost may be paid out of the funds of any other municipality which may be benefited thereby, where such munici- pality has by previous agreement, under the terms and conditions of this Act entered into said improvement, either by special assess- ment, special tax or by general taxation. 447. Use of provisions of this Act by other corporate authorities.] § 98. Where\'er authority of law now exists in corporate authorities in this State to levy special assessments or special taxes for local im- pro^'ements, and for that purpose to use the proceedings or methods ])rovided by Article 9 of an Act entitled "An Act to provide for the incorporation of cities and villages"; approved April 10, 1872, in force July 1, 1872, such corporate authorities are hereby authorized to make use of the provisions of this Act for such purpose, with the same effect and to the same extent as heretofore authorized to use the provisions of said Article 9; and any such corporate authorities as may be hereafter authorized by law to levy such special assessments or special taxes, may, whether otherwise expressly authorized thereto or not, make use of the provisions of this Act in like manner. If, in any such case, a board of local improvements, as required in this Act, does not exist, such corporate authorities shall take such steps for a public hearing, on the subject of the proposed im- provement or improvements, to be paid for by special assessment or special taxation, as are herein required of the board of local im- provements, and shall act as such board in the manner herein pro- Added, as nearly as may be, both in originating such improvements and in executing such work and making payment therefor. 448. Repeal of conflicting acts — pending cases — reservations.] § 99. All acts and parts of acts in conflict with this Act are hereby repealed : Provided, That the laws subsisting at the time of the taking effect of the Local Improvement Act of June 14, 1897, shall continue to apply to all proceedings for the condemnation of lands, or the confirmation of special assessments or special taxes for local im- provements, which were pending in any court in this State at the time of the taking effect of the Local Improvement Act of June 14, 1897, and to all proceedings for the collection- of any deficiency under past levies already made under any laws existing at the time of the taking effect of the Local Improvement Act of June 14, 1897; and also to all proceedings for new assessments made in lieu of others annulled before the Act concerning local improvements of Jime 14, 1897, took effect by order of some coiirt. When any in- ABSTRACT OF STATUTES 149 stallment of an assessment confinned under prior Acts shall mature, proceedings to return the same delinquent and to collect the same shall conform to the provsions of this Act. Where proceedings for local improvements to be made by special tax or special assessment shall have been instituted, when this Act shall take effect, and where the assessment provided for therein has not been confirmed by any court, all future proceedings thereunder shall be as herein provided, with the same effect as if such proceed- ings had been commenced in accordance with the provisions herein provided: Provided, that nothing in this Act shall be construed to repeal an Act entitled "An Act to provide additional means for the construction of sidewalks in cities, towns and villages. Provided, also, That nothing in this Act contained, shall be held or construed to be a repeal of any of the laws of the State of Illinois, relating to civil service, and that nothing in this Act contained, shall be held or construed to be a repeal or modification of any of the rules of the civil service commission of the city of Chicago adopted pur- suant to the civil service laws of the State of Illinois. mechanic's lien. 449. For public improvements, notice; duty of officer notified.] (Chapter 82, Sec. 37.) § 23. Any person who shall furnish material, apparatus, fixtures, machinery, or labor to any contractor for a public improvement in this State, shall have a lien on the money, bonds or warrants due or to become due such contractor for such improve- ment: Provided, such person shall, before payment or delivery thereof is made to such contractor, notify the officials of the State, county, township, city or municipality whose duty it is to pay such contractor of his claim by a written notice. It shall be the duty of such official so notified to withhold a sufficient amount to pay such claim until it is admitted, or by law established, and thereupon to pay the amount thereof to such person, and such payment shall be a credit on the contract price to be paid such contractor. Any officer violating the duty hereby imposed upon him shall be liable on his official bond to the person serving such notice for the damages re- sulting from such violation, which may be recovered in an action at law in any court of competent jurisdiction. There shall be no preference between the persons serving such notice, but all shall be paid pro rata in proportion to the amount due under their respective contracts. (200 111., 527.) MUNICIPAL OWNERSHIP OF STREET RAILWAYS. 450. May own and operate street railways.] (Chapter 24, Sec. 653.) § 1. That every city of this State shall have the power to own, construct, acquire, purchase, maintain and operate street rail- ways within its corporate limits, and to lease the same or any part 150 ABSTRACT OF STATUTES of the same to any com])anY incorporated under the laws of this State for the purpose of operating street raihvays for any period not longer than twenty years on such terms and conditions as the city council shall deem for the best interests of the public. Bui no cit>- shall proceed to operate street railways unless the proposition to operate shall first have been submitted to the electors of such city as a separate proposition and ap])roved by three-fifths of those voting thereon. It shall be lawful for any such city to incorporate in any grant of the right to construct or operate street railways a reservation of the right on the part of such city to take over all or part of such street railways, at or before the expiration of such grant, upon such terms and conditions as may be provided in the grant; it shall also be lawful to provide in any such grant that in case such reserved right be not exercised by the city and it shall grant a right to another company to operate a street railway in the streets and parts of streets occupied by a grantee under the former grant the new grantee shall piu"chase and take over the street railway of the former grantee upon the terms that the city might have taken it over, and it shall be lawful for the cit}' council of any city to make a grant containing such a reservation, for either the construction or operation or both the construction and operation of a street railway in, upon and along any of the streets or public wa^^s therein, or portions thereof, in which street railway tracks are already located at the time of the making of such grant, without the petition or consent of any of the owners of the land abutting or fronting upon any street or public wa}', or portion thereof, covered by such grant. No ordinance authorizing a lease for a longer period than five years, 'ov any ordinance renewing any lease, shall go into effect until the expiration of sixty days from and after its passage. And if, within such sixty days, there is filed with the city clerk of such city a petition signed by ten per cent, of the voters voting at the last preceding election for mayor, in such city, asking that such ordinance be submitted to a popular vote, then such ordinance shall first be submitted to the electors of such city and approved by a majority of those voting thereon. The signatures to such petition need not all be appended to one I)aper, but each signer shall add to his signature, which shall be in his own handwriting, his place of residence, giving the street and number. One of the signers of each such paper shall make oath before an officer competent to administer oaths, that each signature to the paper appended is the genuine signature of the person whose name purports to be thereto subscribed. The city council of any city that shall decide by popular vote, as in this Act provided, to operate street railways, shall have the power to make all needful rules and regulations respecting the operation ABSTRACT OF STATUTES 151 of the same, including the power to fix and prescribe rates and charges, but such rates and charges shall be high enough to pro- duce a revenue sufficient to bear all costs of maintenance and oper- ation, and to meet interest charges on all bonds or certificates is- sued on account of such railways, and to pemiit the accumulation of a surplus or sinking fund that shall be sufficient to meet all such outstanding bonds or certificates at maturity. Street railways owned and operated by any such city, or owned by the city and leased for operating purposes to a private company, may carry pas- sengers and their ordinary baggage, parcels, packages and United States mail, and may be utilized for such other purposes as the city council of such city may deem proper. Such street railways may be operated by such motive power as the city council may approve, except steam locomotives. For the purpose of acquiring street railways either by purchase or construction as provided for in this Act, or for the equipment of any such street railways, any city may borrow money and issue its negotiable bonds therefor, pledging the faith and credit of the city; but no such bonds shall be issued unless the proposition to issue the same shall first have been subinitted to the electors of such city and approved by two-thirds of those voting thereon, nor in an amount in excess of the cost to the city of the property for which said bonds are issued ascertained as elsewhere provided in this Act and ten (10) per cent of such cost in addition thereto. In the exer- cise of the powers, or any of them, granted by this Act, any such city shall have the power to acquire, take and hold any and all nec- essary property, real, personal or mixed for the purposes specified in this Act, either by purchase or condemnation in the manner pro- \'ided by law for the taking and condemning of private property for public use, but in no valuation of street railway property for the purpose of any such acquisition except of street railways now oper- ated under existing franchises, shall any siun be included as the value of any earning power of such property or of the unexpired portion of any franchise granted by said city. In case of the leas- ing by any city of any street railway owned by it, the rental re- served shall be based on both the actual value of the tangible prop- erty and of the franchise contained in such lease, and such rental shall not be less than a siifficient sum to meet the annual interest upon all outstanding bonds or street railway certificates issued by said city on account of such street railway. 451. Street railway certificates — secured by mortgage or deed of trust — default in payment — foreclosure.] § 2. In lieu of issuing bonds pledging the faith and credit of the city, as provided for in sec- tion 1 of this Act, any city may issue and dispose of interest-bearing certificates, to be known as "street railway certificates," which shall under no circumstances, be or become an obligation or liability of 152 ABSTRACT OF STATUTES the city or payable out of any general fund thereof, but shall be pay- able solely out of a specified portion of the revenues or income to be derived from the street railway property for the acquisition of which they were issued. Such certificates shall not be issued and secured on any street railway property in amount in excess of the cost to the city of such property as hereinbefore provided, and ten (10) per cent of such cost in addition thereto. In order to secure the pay- ment of any such street railway certificates and the interest thereon, the city may convey, by way of mortgage or deed of trust, any or all of the street railway property acquired or to be acquired through the issue thereof; which mortgage or deed or trust shall be executed in such manner as may be directed by the city council and acknowl- edged and recorded in the manner provided by law for the ac- knowledgment and recording of mortgages of real estate, and may contain such provisions and conditions not in conflict with the pro- visions of this Act as may be deemed necessary to fully secure the payment of the street railway certificates described therein. Any such mortgage or deed of trust may carry the grant of a privilege or right to maintain and operate the street railway property covered thereby, for a period not exceeding twenty (20) years from and after the date such property may come into the possession of any person or corporation as the result of foreclosure proceedings; which privilege or right may fix the rates of fare which the person or cor- poration securing the same as the result of foreclosure proceedings shall be entitled to charge in the operation of said property for a period not exceeding twenty (20) years. Whenever, and as often as default shall be made in the payment of any street railway cer- tificates issued and secured by a mortgage or deed of trust, as afore- said, or in payment of the intreest thereon when due, and any such default shall have continued for the space of twelve (12) months, after notice thereof has been given to the mayor and financial officer of the city issuing such certificates, it shall be lawful for any such mortgagee or trustee, upon the request of the holder or holders of a majority in amount of the certificates issued and outstanding under such mortgage or deed of trust, to declare the whole of the principal of all such certificates as may be outstanding, to be at once due and payable, and to proceed to foreclose such mortgage or deed of trust in any court of competent jurisdiction. At a fore- closure sale, the mortgagee or the holders of such certificates may be- come the purchaser or purchasers of the property and the rights and privileges sold, if he or they be the highest bidders. Any street railways acquired under any such foreclosure shall be subject to regulation by the corporate authorities of the city to the same extent as if the right to construct, maintain and operate such prop- erty had been acquired through a direct grant without the inter- vention of foreclosure proceedings. Provided, however, that no street railway certificates or niortgage shall ever be issued by any ABSTRACT OF STATUTES 153 city under the provisions of this Act unless and until the question of the adoption of the ordinance of the city council making provision for the issue thereof shall first have been submitted to a popular vote and approved by a majority of the qualified voters of the city voting upon such question. 452. Books of account, how to be kept — report of city owner- ship — expert accountant.] § 3. Every such city owning, or own- ing and operating street railways, shall keep the books of account for such street railways distinct from any other city accounts and in such manner as to show the true and complete financial results of such city ownership, or ownership and operation, as the case may be. Such accounts shall be so kept as to show the actual cost to such city of street railways owned; all costs of maintenance, extension and improvement; all operating expenses of every descrip- tion, in case of such city operation; the amounts set aside for sinking fund purposes ; if water or other service shall be furnished for the use of such street railways without charge, the accounts shall show, as nearly as possible, the value of such service, and also the value of such similar service rendered by the street railways to any other city department without charge ; such accounts shall also show reasonable allowances for interest, depreciation and insiirance, and also estimates of the amount of taxes that would be chargeable against such property if owned by a private corporation. The city council shall cause to be printed annually for public distribution, a report showing the financial results, in form, as aforesaid, of such city ownership, or ownership and operation. The accounts of such street railways, kept as afore- said, shall be examined at least once a year by an expert accountant, who shall report to the city council the results of his examination. Such expert accountant shall be selected in such manner as the city council may direct, and he shall receive for his services such com- pensation, to be paid out of the income or revenues from such street railways, as the city council may prescribe. 453. Adoption of Act — reserving right in grant or lease.] § 4. This Act shall not be in force in any city until the question of its adoption in such city shall first have been submitted to the electors of such city and approved by a majority of those voting thereon. The city council of any such city may, by ordinance, direct that the question of the adoption of this Act in such city be submitted to popular vote at any general, city or special election in and for the entire city, coming not sooner than thirty days from and after the passage of the ordinance. If the city council in any city shall incorporate in any grant to a private company of the right to construct or operate street railways a provision re- serving to such city the right to take over such street railways at or before the expiration of the grant, in case the people of such city shall later adopt this Act as herein provided, such provision 154 ABSTRACT OF STATUTES shall be as valid and effective for all purposes, in case such city shall later adopt this Act as herein provided, as if the said ]jro vision were made a part of such grant after the adoption of this Act by such city. 454. Submission of question to popular vote — ordinance — elec- tion.] § 5. In all cases provided in this Act for the submission of questions or propositions to popular vote, the cit}^ council shall pass an ordinance stating the substance of the proposition or question to be voted upon and designating the election at which such question or projiosition is to be submitted, which may be any general, city or special election in and for the entire city coming not sooner than thirty days from and after the passage of said ordinance. The city clerk of such city shall promptly certify the passage of such ordinance to the proper election officials, and it shall thereupon be the duty of such election officials to submit such question or proposition to popular vote. 455. Act how to be construed as to period for which city may make grant or lease.] § 6. Nothing in this Act contained shall be construeed to authorize any city to make any street railway grant, or to lease any street railway property, for a period exceeding twenty (20) years from the making of such grant or lease. Provided, that when a right to maintain and operate a street railway, for a period not exceeding twenty (20) years is contained in a mortgage or deed of trust to secure street railway certificates (and no such right shall be implied), such period shall commence as provided in section two (2) of this Act. OFFICIAL BONDS. 456. When additional or new bonds may be required.] Chapter 103. § 1. That all official bonds required by law to be given by any pubHc officer, or public employe, including executors, administra- tors, guardians and conservators, in this State, shall be signed and sealed by any said officer, employe, executor, administrator, guar- dian or conservator and his securities, and acknowledged before some officer authorized by law to take acknowledgments of instru- ments, under seal, which said acknowledgments shall be substan- tialh- in the following fonn : State of 1 County of I,' ', hereby certify that , who are each persoiially known to me to be the same persons whose names are subscribed to the fore- going instrument, appeared before me this day in person and acknowledged that they signed, sealed and delivered said instrument as their free and volun- tary act for the uses and purposes therein set forth. " Given under my hand and seal this day of , A. D Which acknowledgment shall be deemed and taken as prima facie e\-idence that the instrument was signed, sealed and acknowledged ABSTRACT OF STATUTES 155 in the manner therein set forth, and such acknowledgment shall have the same force and effect as evidence in all legal proceedings as that given to acknowledgments of deeds of conveyance of real estate. That all public officers or employes who are compelled to give official bonds may be required by the court, officer or board whose duty it is to take or approve such bonds, to give additional surety or new bonds whenever the security of the original bond has become insufficient by the subsequent insolvency, death or removal of the sureties or any of them, or when for any cause any such bond shall be deemed insufficient. Any officer or employe faihng to give bond when required, pursuant to this section, within ten days after he is notified in writing of such request, shall be deemed to have vacated his office. 457. Release of sureties.] § 10. When a surety upon the official bond of any State officer or agent, county, town, city, village, incorporated town or other public officer, or the heir, executor or administrator of such surety, desires to be released from such bond, he may give notice in writing to the officer upon whose bond he is siirety that he desires to be so released, and that such officer give a new bond with sufficient sureties within ten days after receiving such notice, and may within five days after the service of such notice deliver a copy of the same, with an affidavit showing the time and manner of service, to the court, officer or board authorized to approve the bonds of such oificers. And if such officer shall not within ten days after receiving such notice, or within such further time, not •exceeding twenty days, as the court, officer or board shall allow, give a new bond, with sufficient security, approved as required by law, his office shall become vacant, and the vacancy shall be filled as provided by law. 458. Effect of new bond.] § 11. If a new bond shall be given by any officer, as provided in the foregoing sections of this Act, then the former sureties shall be entirely released and discharged from all liabilities incurred by any such officer in consequence of business which may have come to hand from and after the time of the approval of the said new bond, and the sureties to the new bond are hereby declared to be liable for all the official delinquencies of said officer, whether of omission or commission, which may occur after the approval of the new bond as aforesaid; but the provisions of this Act shall not be so construed as to operate as a release of the sureties of any of the aforesaid officers for liabilities incurred previous to the filing of a new bond, as required in the foregoing sections of this Act. 459. When effects to be delivered to sureties.] § 12. It shall be the duty of such officer, if he shall fail to give bond as provided for in this Act, forthwith to deliver over to his sureties all books, moneys, vouchers, papers and every description of property what- 156 ABSTRACT OK STATUTES ever pertaining to his office, and the said sureties may, at any time after said failure to file said bond, maintain an action of replevin, or other ap]jropriate action, to recover such property, money or effects from their said principal. 460. Cost of furnishing security on oflacial bond. (Chapter 104, Sec. 19.) § 1. That the State, or any county, township, municipal- ity, public board or body may pay out of the funds of said State, county, municipality, township or board the cost of any official bond furnished by any officer of said State, county, township, municipality, public board or body required by the laws, rules or regulations thereof to execute the same, in case said officer shall furnish the same with a surety company or companies authorized to do business in this State under the laws thereof, said cost not to exceed, however, one- half of one per cent, per annum on the amount of said bond or obli- gation by said surety executed. PARKS. 461. Special fund for parks and boulevards.] (Chapter 105, Sec. 103.) § 1. That the city council in cities having a population of not less than five thousand nor more than one hundred thousand inhabitants to be ascertained by the last United States census, whether incorporated under the general law or special charter, shall have the power, by ordinance, to provide annually by taxation, a special fund not to exceed (18) eighteen cents on each one hundred dollars valuation of the taxable property within the corporate limits of said cities, to be assessed and collected in the same manner as the other general taxes for said cities are assessed and collected, to be used only for the purpose of purchasing land for parks and boulevards in and around such cities, and for opening, improving and maintaining the same: Provided, that the said annual park and boulevard tax shall not be included in the aggregate amount of taxes as limited by section one (1) of article eight (8) of "An Act for the incorporation of cities and villages," approved April 10, 1872, and the amendatory Acts thereto, or by any provision of any special charter under which any city in this State is now organized; and, provided further, that an amount not to exceed twenty per cent, of such special fund may. be expended for the purpose of providing music in such parks during the months of May, June, July, August and September in each year. 462. Tax may be paid to associations.] § 2. The funds so provided, may be used for the purchase of land for such purpose within the corporate limits or in adjoining townships, and in such cities where boulevard and park associations have been or may hereafter be incorporated under the general law and are now in operation, doing the work provided for under this Act, the proceeds of such tax may be placed in the hands of such association for such purposes. ABSTRACT OF STATUTES 157 463. Submitted to voters.] § 3. Nothing in this Act con- tained shall authorize any city to levy or collect any tax herein provided for until the question of such levy shall have been sub- mitted to the legal voters of such city at a general or special election and authorized by a majority of the votes cast at such election, and ■at least one week's public notice that such question will be so sub- mitted at such election shall be previously given by the mayor of such city, by publishing such notice in one or more of the news- papers of such city. PATROL WAGONS. 464. Patrol wagons to be covered.] (Chapter 24, Sec. 441.) § 1. That all cities of fifty thousand inhabitants or upwards in this State owning, controlling or using patrol wagons, omnibuses, vans or other vehicles of any class or kind, for the purpose of conveying prisoners to police stations, jails, houses of correction, penitentiaries or other places for the detention of such prisoners, shall provide suitable covers or canopies for such patrol wagons, omnibuses, vans or other vehicles, so that the prisoners who may be conveyed therein shall not be exposed to public view. 465. Unlawful to convey prisoner in uncovered patrol wagon.] § 2. It is and shall be unlawful for the authorities or officers of any such city in this State to compel any person who is under aiTcst, imprisoned or detained, or in their care, custody or charge, to ride or to be driven in an open or uncovered patrol wagon, omnibus, van or other vehicle of any class or kind, named in the first section of this Act in or through the public streets, or other public places in this State. PLATS. 466. Laying out towns, etc.] (Chapter 109.) § 1. Whenever the owner of lands shall wish to subdivide the same into two or more parts for the purpose of laying out a town, or making any addition to any city, village or town, or of re-subdividing any lots or blocks therein, he shall cause the same to be surveyed and a plat thereof to be made by the county surveyor or some other competent surveyor, which plat shall particularly describe and set forth all the streets, alleys, common or public grounds, and all the in and out lots or fractional lots or blocks within, adjoining or adjacent to the land so divided, giving the names, widths, courses and extent of all such streets and alleys, and numbering all lots and blocks by progressive numbers, giving their precise length and width. Reference shall also be made upon the plat to some known and permanent monument from which future surveys may be made, or if no such monument shall exist within convenient distance, the surveyor shall, at the time of making his survey, plant, and fix in such manner that the same shall not be moved by frost, at the corner of some public ground, or 158 ABSTRACT OF STAT UTES if there be none, then at the comer of some lot or block most con- venient for reference, a good and sufficient stone, to be furnished by the person for whom the survey is made, and designate upon the plat the point where the same may be found. 467. Certificate of surveyor — acknowledgment — record.] § 2. The plat having been completed, shall be certified by the surveyor and acknowledged by the owner of the land, or his attorney duly authorized, in the same manner as deeds of land are required to be acknowledged. The certificate of the surveyor and of acknowledg- ment, together with the plat, shall be recorded in the recorder's office of the county in which the land is situated, and such acknowl- edgment and record shall have like effect and certified copies thereof and of such plat or of any plat heretofore acknowledged and certified according to law, may be used in evidence to the same extent and with like effect, as in case of deeds. 468. Dedication — effect of.] § 3. The acknowledgment and recording of such plat shall be held in law and in equity to be a conveyance in fee simple of such portions of the premises platted as are marked or noted on such plat as donated or granted to the public, or any person, religious society, corporation or body politic, and as a general warranty against the donor, his heirs and repre- sentatives to such donee or grantee for their use or for the use and purposes therein named or intended, and for no other use or pur- pose. And the premises intended for any street, alley, way, com- mon or other pubHc use in any cit^^ village or town, or addition thereto, shall be held in the corporate name thereof in trust to and for the uses and purposes set forth or intended. 469. Neglect to plant comer stone, etc.] § 4. Whoever shall lay out any town or make any addition to any city, village or town, or re-subdivide any lots or blocks therein, and neglect to plant any comer stone when required by this Act, or shall survey the same or cause it to be surveyed in any other manner than that which is prescribed in this Act, shall be fined in any sum not less than $25 nor exceeding $100. 470. Penalty for selling without plat recorded, etc.] § 5. Who- ever shall sell or offer for sale, or lease for any time exceeding five years, any lot or block in any town, city or village, or any addition thereto, or any re-subdivision of any lot or block therein, before all the requisitions of this Act have been complied with, shall be fined $25 for each lot or block or part thereof so disposed of, offered for sale or leased. 471. Vacation of plats.] § 6. Any such plat may be vacated by the owner of the ])rcmises at any time before the sale of any lot therein, by a written instrument declaring the same to be vacated, executed, acknowledged or proved, and recorded in like ABSTRACT OF STATUTES 159 manner as deeds of land; which declaration being duly recorded, shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the streets, alleys and public grounds, and all dedications laid out or described in such plat. When lots have been sold, the plat may be vacated in the manner herein provided by all the owners of lots in such plat -join- ing in the execution of such writing. 472. Of parts of plat.] § 7. Any part of a plat may be vacated in the manner provided in the preceding section, and subject to the conditions therein prescribed: Provided, such vacation shall not abridge or destroy any of the rights or privileges of other pro- prietors in such plat: And, provided, further, that nothing contained in this section shall authorize the closing or obstructing of any public highway laid out according to law. 473. Canceling plat of record.] § 8. When any plat or part thereof is vacated, the recorder in whose office the plat is recorded, shall, upon the recording of such vacation, write in plain letters across the plat or part so vacated the word "vacated," and shall also make a reference on the same to the volume and page in which the instru- ment of vacation is recorded. 474. Plats of highways, etc., to be made and recorded.] § 9. Whenever any highway, road, street, alley, public ground, toll- road, railroad or canal is laid out, located, opened, widened or ex- tended or the location thereof altered, it shall be the duty of the com- missioners, authorities, officers, persons or corporations, public or private, laying out, locating, opening, widening, extending or altering the same, to cause a plat thereof showing the width, courses and extent thereof, and making such reference to known and estab- lished corners or monuments that the location thereof may be ascertained, to be made, and recorded in the office of the recorder of the county in which the premises taken or used for the same, or any part thereof, are situated, within six months after such high- way, road, street, alley, public ground, toll-road, railroad or canal is laid out, located, opened, widened or extended, or the location thereof altered; and when any highway, road, street, alley, pub- lic ground, toll-road, railroad or canal is vacated, the order, ordi- nance or other declaration vacating the same shall be in like man- ner recorded. This Act shall not be construed to alter or affect any law specifically providing for the recording of any such plat, or to require the same to be recorded sooner than is so specific- ally provided; except that any requirements to record such plat in any other place than is provided herein, shall not excuse the parties from complying with this Act. Whoever shall refuse or neglect to comply with this section shall forfeit $25, and the like sum for every month he shall continue in such refusal or neglect after conviction therefor, to be recovered before any justice of the 160 ABSTRACT OF STATUTES peace of the county, in the name of the county, one-half to the use of the county, and the other half to the use of the person complain- ing. 475. Prosecuting offenders.] § 10. Whenever it shall come to the knowledge of the recorder of deeds of any county that any of the provisions of this Act have been violated, it shall be his duty to notify the state's attorney of the fact, and the state's attorney shall immediately institute suit, and prosecute the same to final jud<^ment against the person offending. 476. Vacation of streets.] (Chapter 145.) § 1. That no city council of any city, or board of trustees of any village or town, whether incorporated by special Act or under any general law, shall have power to vacate or close any street or alley, or any portion of the same, except upon a three-fourths majority of all the aldermen of the city or trustees of the village or town authorized by law to be elected; such vote to be taken by ayes and noes, and entered on the records of the council or board. And when property is damaged by the vacation or closing of any street or alley, the same shall be ascer- tained and paid as provided by law. 477. Rights of adjoining owners.] § 2. When any street, alley, lane or highway, or any part thereof, has been or shall be va- cated under or by virtue of any act of this State or by order of the city council of any city or trustees of any village or town, or by. the commissioners of highways, county board, or other authority au- thorized to vacate the same, the lot or tract of land immediately ad- joining on either side shall extend to the central line of such street, alley, lane or highway or part thereof so vacated, unless otherwise specially provided in the act, ordinance or order vacating the same, unless, in consequence of more of the land for such street, alley, lane or highway having been contributed from the land on one side thereof than the other, such division is inequitable, in which case the street, alley, lane or highway so vacated shall be divided accord- ing to the equities of the adjoining owners. PLEASURE DRIVEWAYS. 478. May establish pleasure driveways.] (Chapter 24, Sec. 435.) § 1. That the city council in cities, the president and the board of trustees in villages, or the board of trustees in incorporated towns, whether incorporated under the general law, or special charter, shall have the power to designate by ordinance the whole or any part of not to exceed two streets, roads, avenues, boulevards or highways, under their jurisdiction, as a pubHc driveway, to be used for pleasure driving only, and to improve and maintain the same, and also to lay out, establish, open, alter, widen, extend, grade, pave or other- wise improve and maintain not more than two roads, streets or ave- ABSTRACT OF STATUTES 161 nues, and designate the same as pleasure driveways to be used for pleasure driving only: Provided, said powers shall only be exercised when said corporate authorities are petitioned thereto by the own- ers of more than two-thirds (f) of the frontage of land fronting upon said proposed pleasure driveway. 479. May be laid out under article 9.] § 2. Said pleasure driveways may be laid out, extended and improved under the pro- visions of article 9 of an Act to provide for the incorporation of cities and villages, approved April 10, 1872, in force July 1, 1872, and any and all amendments thereto. 480. Powers of corporate authorities to regulate, etc.] § 3. Said corporate authorities may, by ordinance, regulate, restrain and control the speed of travel upon said pleasure drives, and pre- scribe the kind of vehicles that shall be allowed upon the same, and in all things may regulate, restrain and control the use of said pleasure driveways by the public or individuals, and may exclude therefrom funeral processions, hearses and traffic teams and vehi- cles, so as to free the same from any and all business traffic or ob- jectionable travel, and make the same a pleasure driveway for pleasure driving only, and may prescribe in such ordinances such fines or penalties for the violation thereof as they are allowed by law to prescribe for the violation of other ordinances. PLUMBERS. 481. Certificate.] (Chapter 24, Sec. 498.) § 1. That any per- son now or hereafter engaging in or working at the business of plumb- ing in cities or towns of 5,000 inhabitants or more in this State, either as a master plumber or employing plumber, or as a journeyman plumber, shall first receive a certificate thereof, in accordance with the provisions of this Act. 482. Board to examine plumber's certificate.] § 2. Any per- son desiring to engage in or work at the business of plumbing, either as a master plumber or employing plumber, or as a journeyman plumber, shall make application to a board of examiners herein- after provided for, and shall, at such time and place as said board may designate, be compelled to pass such examination as to his qualifications, as said board may direct; said examination may be made in whole or in part, or [in] writing, and shall be of a practical and elementary character, but sufficiently strict to test the qualifi- cations of the applicant. 483. Board to be appointed by the mayor.] § 3. That there shall be in every city, town or village of 10,000 inhabitants or more, a board of examiners of plumbers, consisting of three members, one of which shall be the chainiian of the board of health; who shall be office [ex officio] chainnan of said board of examiners, a second 162 ABSTRACT OF STATUTES member, who shall be a master plumber, and a third member who shall be a journeyman plumber. Said second and third members shall be appointed by the mayor and approved by the [city] council or by the board of trustees of said town, or village within three months after the passage of this Act, for the term of one year from the first day of May, in the year of appointment, and thereafter annually before the first day of May, and shall be paid from the treasury of said city, town or village, the same as other officers, in such sums as the authorities may designate. 484. Meeting of board of examiners — scope of examination — certificate of qualification — fee for.] § 4. Said board of examiners shall, as soon as may be, after the appointment, meet and shall then designate the times and places for the examination of all ajjplicants desiring to engage in, or work at the business of plumbing, within their respective jurisdiction. Said board shall examine said appli- cants as to their practical knowledge of plumbing, house drainage, and plumbing ^'entilation ; and, if satisfied of the competency of such applicants, shall thereupon issue a certificate to such applicant, authorizing him to engage in, or work at the business of plumbing, whether as master plumber, or employing plumber, or as a journey- man plumber. The fee for a certificate for a master plumber, or employing plum- ber, shall be $50.00; for a journeyman plumber it shall be $1.00. Said certificate shall be valid and have force throughout the State for a period of one year from date of issuance, and may be renewed upon its expiration by payment in advance of an annual renewal fee of $10.00 for the certificate of a master plumber or employing plum- ber, and the pa^nment in advance of an annual renewal fee of $1.00" for the certificate of a journeyman plumber. All fees received for said certificate shall be paid into the treasury of the city, town, or village where said certificates are issued. 485. Cities, etc., to prescribe rules and regulations for the material, constructions, alterations and inspection of all plumbing ind sewerage, etc.] § 5. Each city, town or village in this State . , i\-ing a system of water supply or sewerage, shall by ordinance or i: /-law, within three months of the passage of this Act, prescribe rales and regulations for the materials, constructions, alteration and inspection of all plumbing and sewerage placed in, or in connection with, any building in such city, town or village; and the board of health, or proper authorities, shall further pro\4de that no plimibing work shall be done, except in case of repairing leaks, without a permit being first issued therefor, upon such terms and conditions as such city, town or village shall prescribe. 486. Who required to take examination and procure certificates.] § 6. All persons who are required by this Act to take examinations ABSTRACT OF STATUTES 163 and procure a certificate as required by this Act, shall apply to the board in the city where he resides or to the board nearest his place of residence. 487. Penalty for violating act.] § 7. Any person violating any provision of this Act shall be deemed guilty of a misdemeanor, and be subject to a fine of not less than five dollars ($5.00) nor exceeding fifty dollars ($50.00) for each and every violation therefor, and his certificate may be revoked by the board of health or proper authori- ties of said city, town or village. PUBLIC BUILDINGS. 488. Doors to open outward.] (Chapter HI.) § 1. That all public buildings now in process of construction or hereafter to be built or constructed, which may or shall be used for churches, school houses, operas, threaters, lecture rooms, hotels, pubHc meetings, town halls, or which may or shall be used for any purpose whereby a collection of people may be assembled together for religious worship, amusement or instruction, shall be so built and constructed that all doors leading from the main hall or place where said collection of peo- ple may be assembled, or from the principal room which may be used for any of the purposes aforesaid, shall be so swung upon their hinges and constructed that said doors shall open outward; and that all means of egress for the public from the main hall or principal room and from the building, shall be by means of doors which shall open outward from the main hall or building. 489. Penalty.] § 2. That any person or persons who shall fail or refuse to comply with the provisions of this Act shall be fined in any sum not less than $100 nor more than $1,000. 490. When public buildings may be closed.] § 3. That in all cities and towns having a population of two thousand inhabit- ants, and upwards, the mayor, or other corporate authorities of said town or city, shall be empowered and is hereby authorized to close and prohibit all public buildings, hereafter erected, from being used in violation of this Act. 491. Power to construct drains.] (Chapter 24, Sec. 334.) § 1. That the corporate authorities of cities and villages are hereby vested with power to construct drains, ditches, levees and dykes, to erect pumping works, and acquire the necessary land and machinery for such purposes, and otherwise to provide for draining any portion of the lands within their corporate limits, by special assessment upon the property benefited thereby. 492. Drainage by Special Assessment.] § 2. That the cor- porate authorities of cities and villages are hereby vested with the power to lay out, establish, construct, maintain and keep in repair, such drains, ditches, levees, dykes, pumping works and machinery, 164 ABSTRACT OF STATUTES and such drainage improvements by special assessment on the prop- ert\' benefited thereby, or by general taxation, or both: Provided, that no lot, block, tract or parcel of land shall be assessed more than once on any one year for maintenance and repair. 493. Authorities have power to pass Ordinances.] § 3. The cori)oratc authorities of any city or village shall have ])Ower, of their own motion, to pass ordinances providing for the making of said im- provements in this Act mentioned, and for the nature, character and locality and description thereof, and upon the passage of such ordi- nance therefor, all proceedings thereafter to be had for the making of said improvements, and for the maintenance and repair thereof, and for the levy and collection of special assessments to defray the cost thereof, shall be in accordance with the provisions of an act entitled "An Act concerning local improvements," approved June 14, 1897, in force July 1, 1897, and the amendments thereto. 494. Power to obtain outlet — eminent domain.] § 4. That whenever, in the judgment of the corporate authorities of said city or village, it shall be necessary or advantageous for the proper construc- tion of said improvements to enlarge, construct or improve any natural or artificial drain without and below the corporate limits of said corporation to obtain a proper outlet, the said corporate authorities shall have the right to acquire the right of way therefor under the provisions of the statutes relating to the exercise of the right of eminent domain, and upon the establishment of the said improve- ment by the confirmation of the assessment therefor, the said cor- porate authorities shall have the right to contract with all persons or corporations owning or interested in property or drains, without the corporate limits of said cit}^ or village, who will be benefited by the construction of said improvement, for the pa\Tnent to the said city or village, of such an amount as the said improvement will benefit such person or corporation or the property thereof, and in case of a failure to agree on the amount to be paid for such benefits, the said corporate authorities of such city or village shall have the right to sue for and recover the same in an action of debt in any court of com- petent jurisdiction in this State, and service of process therein may be had as in cases in chancery. The amounts recovered or realized by such agreement or proceedings shall be paid over and become a part of the moneys raised to pay for such improvement, and may be re- bated or refunded in accordance with the provisions of section 59 of said Act concerning local improvements, and the amendments there- to. SEWERAGE. 495. May contract for sewerage, etc.] § 1. That whenever any city or incorporated town or village shall be adjacent or con- tiguous to any other city or incorporated town or village, they shall ABSTRACT OF STATUTES 165 be authorized to contract with each other upon such terms as may be agreed upon between them, to allow and permit the one the use and benefit of any sewer or drain, or of any system of sewerage or drainage, heretofore constructed, or which may hereafter be con- structed by the other, and further, that any such sewer or drain or system of sewerage or drainage constructed or which may hereafter be constructed by the one, may be extended or furnished to the inhabitants of the other, and they may, by contract with each other, provide for the joint construction of any sewer or drain by the municipalities so contracting, and for the common use thereof by the inhabitants of such municipalities. 496. How contract made.] § 2. The contract contemplated in section 1 of this Act may be made by ordinance or resolution, duly enacted or passed by the common council, board of trustees, or other proper legislative authority of the city or incorporated town or village proposing such contract, and ratified or assented to by ordi- nance or resolution duly enacted or passed by the common council, board of trustees or other proper legislative authority of the city or incorporated town or village confirming or agreeing to such contract, and every such contract, when ratified or confirmed by the proper corporate authorities of the municipal corporations who are parties thereto, shall be in all respects valid and binding. SIDEWALKS. 497. Sidewalks by special taxation.] (Chapter 24, Sec. 291.) § 1. That in addition to the mode now authorized by law, any city or incorporated town or village may, by ordinance, provide for the construction of sidewalks therein, on, along or upon any street or streets or part of street therein, and may, by such ordinance, provide for the payment of the whole or any part of the cost thereof by special assessment of the lot, lots or parcels of land touching upon the line where any such sidewalk or sidewalks, shall be ordered, and such special taxation may be either by levying the whole or any part of the cost thereof, upon each of the lots or parcels of land touching upon the line of such sidewalk, pro rata upon each of said lots or parcels, according to their respective values — the values to be determined by the last preceding assessment thereof for the purpose of State and county taxation; or the whole or any part of the cost thereof may be levied upon such lots or parcels of land in proportion to their frontage upon such sidewalk or sidewalks, or in proportion to their superficial area, as may be provided by ordinance ordering the laying down of such sidewalk; and in case such ordinance shall only require the payment of a part of the cost of such sidewalk to be paid by a special tax as aforesaid, then the residue of such cost shall be paid out of any fund of such city, town or village, raised by general taxation upon the property thereof, and not otherwise appropriated. 166 ABSTRACT OF STATUTES And any such city, town or village may, by one and the same ordi- nance, provide for the construction of sidewalks hereunder on two or more streets, or parts of streets, or on one or both sides of any street or streets : Provided, that such sidewalks are so connected, or otherwise related, as to constitute, but a single system of improvement. 498. What ordinance may provide.] § 2. Said ordinance shall define the location of such proposed sidewalks with reasonable cer- tainty, shall prescribe its width, the materials of which it shall be constructed, and the manner of its construction, and 'may provide that the materials and construction shall be under the supervision of and subject to the approval of some officer or board of officers of such city, town or village to be designated in said ordinance. Said ordinance may require all owners of lot or parcels of land touching the line of said proposed sidewalk to construct a sidewalk in front of their respective lots or parcels of land in accordance with the speci- fications of said ordinance, within thirty days after the mailing of notice of the passage of such ordinance, addressed to the party who paid the last general taxes on the respective lots or parcels; and in default thereof, said city, village or town may ftu-nish the materials and construct said sidewalk in accordance with said ordinance, or may enter into a contract for the furnishing of the materials and the construction of said sidewalk as hereinafter provided, and the cost of such part thereof, as may be fixed in said ordinance, may be collected as hereinafter provided; and it shall be lawful for such city, town or village to issue non-interest-bearing vouchers in payment for such walks, payable solely out of the special tax herein provided for when the same is collected. 499. r.pecial tax list.] § 3. Such ordinance may provide that a bill of the cost of such sidewalk, showing the cost of the construc- tion and super\asion thereof, shall be made by the officer or board designated by said ordinance to take charge of the construction of said sidewalk, together with a list of the lots or parcels of land touching upon the line of said sidewalks, the names of the parties who paid the last general taxes on the respective lots or parcels, and the frontage, superficial area or assessed value as aforesaid accord- ing as such ordinance may provide for the levy of said costs by the frontage, superficial area or assessed value; and thereupon, if the owner of any lot, block, tract or parcel of land has failed, neglected or refused to construct said sidewalk in accordance with the provisions of said ordinance, said officer or board shall proceed to prepare a special tax list against said lots, blocks, tracts or parcels of land in front of, or touching upon which said sidewalk has not been con- structed, ascertaining, by computation, the amount of special taxes to be charged against each of said lots, blocks, tracts or parcels of land on account of the construction of said sidewalks, according to the rule fixed for the levy of such special tax by said ordinance, which ABSTRA CT OF STATUTES 167 special tax list shall be filed in the office of said officer or board, and said officer or board shall thereupon have warrants issued to the city, village or town collector, or to such officer as may be designated in such ordinance, for the collection of the amount of special tax so ascertained and appearing from said special tax list to be due from the respective lots, blocks, tracts or parcels of land touching upon the line of said sidewalks; and such officer shall proceed to collect such warrants by giving notice in writing by mailing the same to the address of the party who paid the last general taxes on the respec- tive lots, blocks, tracts or parcels of land in said list, that said tax list is in the hands of said officer for collection, and all moneys so collected by said officer shall by him be immediately paid over to the treasurer of said city, town or village. 500. Special tax — duty of clerk — report.] § 4. Upon failure to collect such special tax as heretofore provided in this Act, it shall be the duty of said officer, on or before the first day of April in each year, to make report of all such special tax, in writing, to such general officer of the county as may be authorized by law to apply for judg- ment against, and sell lands for taxes due county or State, of allthe lots or parcels of land upon which such special tax shall be so unpaid, with the names of the respective owners thereof, so far as the same are known to said officer, and the amount due and unpaid upon each tract, together with a copy of the ordinance ordering the construction of said sidewalk, which report shall be accompanied by the oath of the officer that the list is a correct return of the lots and parcels of land on which the special tax levied by authority of said city, town or village, for the cost or partial cost (as the case may be) of the side- walk in said ordinance specified, remains due and unpaid, and that the amounts therein stated as due and unpaid have not been collected, nor any part thereof. Said reports, when so made, shall be prima facie evidence that all the forms and requirements of the law in re- ation to making such return have been complied with, and that the special tax, as mentioned in said report is due and unpaid. 501. General officer to obtain judgment — by what laws governed,] § 5. When said general officer shall receive the aforesaid report, he shall at once proceed to obtain judgment against said lots or parcels of land for said special tax remaining due and unpaid, in the same manner as may be provided by law for obtaining judgment against lands for taxes due and unpaid to the county and State, and shall in the same manner, proceed to sell the same for the said special tax due and unpaid. In obtaining said judgment and making said sale, the said officer shall be governed by the general revenue laws of the State, except when otherwise provided herein, and said general laws shall also be applicable to the execution of certificates of sale, and deeds thereon, and the force and effect of such sales and deeds; and all other laws in relation to the enforcement and collection of taxes, and re- 168 ^ ABSTRACT OF STATUTES demption from tax sales, shall be applicable to proceedings to collect such special tax, except as herein otherwise provided. 502. When constructed by owner may obtain order.] § 6. Whenever payment of the costs of any such sidewalk is required to be made in part by special tax, and in part out of any general fund of such city, town or village, and the owner of any such lot or parcel of land shall construct such sidewalk in accordance with the ordi- nance providing for its construction, such owner shall file with the clerk of such city, town or village, an itemized statement of the cost of such sidewalk so constructed, by him verified by affidavit, together with a certificate of the officer or board directed by such ordinance to superintend the construction thereof, that such sidewalk has been constructed and fully completed by such owner in accordance with such ordinance, and the council of such city, town or village shall thereupon, at its first meeting thereafter, allow and order to be issued to such owner, -an order on the treasurer of such city, town or village, for the cost of the construction of such sidewalk, less the amount of special tax chargeable to the lot or parcel of land of such owner on the line of which such sidewalk has been so constructed. 503. Manner of letting contract.] § 7. All contracts for the construction of sidewalks as hereinbefore provided, when the expense shall exceed $500, shall be let to the lowest responsible bidder in the following manner: Notice shall be given by said officer or board designated in said ordinance to take charge of the construction and supervision of said sidewalk, by advertisement in some newspaper of general circulation in said city, town or village, that bids will be re- ceived for the construction of such sidewalk in accordance with the ordinance, therefor. Such notice shall state the time of opening said bids, not more than ten, nor less than five days thereafter. If no newspaper be pubHshed in said city, village or town, then four such notices shall be posted in the vicinity of the proposed sidewalk. All proposals or bids offered, shall be accompanied by cash or check payable to the order of the officer or board having charge of the im- provement, and certified by a responsible bank, for an amount which shall not be less than ten per centum of the aggregate of the pro- posal. All contracts shall be approved by the officer or the president or presiding officer of the board having the supervision of the con- struction of said sidewalk. 504. When tax is set aside.] § 8. If any special tax for the construction of a sidewalk shall have been made prior to the taking effect of this amendment, or shall hereafter be annulled by the city council or board of trustees, or set aside by any court, anew ordinance may be passed and a new tax may be made and returned and the proceedings therefor shall be the same as in the first instance, and all parties in interest shall have Hke rights and like powers in relation to any subsequent tax as are hereby given in relation to the first ABSTRACT OF STATUTES 169 tax. No special tax shall be held void because levied for work already- done under a prior ordinance, if it shall appear that such work was done in good faith, by the city, village or town, or under contract duly let and executed, pursuant to an ordinance providing that such sidewalk should be paid for by special tax. TAXES. 505. Ordinance of levying tax — limitation.] (Chapter 24, Sec. 111.) § 1 . The city council in cities and boards of trustees in villages may levy and collect taxes for corporate purposes in the manner fol- lowing: The city council or boards of trustees, as the case may be, shall annually, on or before the third (3d) Tuesday in September in each year, ascertain the total amount of appropriations for all corpor- ate purposes legally made and to be collected from the tax levy of that fiscal year; and, by an ordinance specifying in detail the purposes for which such appropriations are made and the sum or amount appropriated for each purpose respectively, levy the amount so ascertained upon all the property subject to taxation within the city or village as the same is assessed and equalized for State and county purposes for the current year. A certified copy of such ordi- nance shall be filed with the county clerk of the proper county, whose duty it .shall be to ascertain the rate per cent, which, upon the total valuation of all property subject to taxation within the city or village as the same is assessed and equalized for State and county purposes, will produce a net amount of not less than the amount so directed to be levied, and it shall be the duty of the county clerk to extend such tax in a separate column upon the book or books of the collector or collectors of State and county taxes within such city or village. And where the corporate limits of any city or village shall lie partly in two or more counties, the city council or board of trustees shall ascertain the total amount of all taxable property lying within the corporate limits of said city or village in each county as the same is assessed and equalized for State and county purposes for the current year, and certify the amount of taxable property in each county within said city or village, under the seal of said city or village, to the county clerk of the county where the seat of government of such city or village is situated, whose duty it shall be to ascertain the rate per cent, which, upon the total valuation of all property subject to taxation within the city or village, ascertained as aforesaid, will produce a net amount not less than the amount so directed to be levied; and said clerk shall, as soon as said rate per cent, of taxation is ascertained, certi- fy under his hand and seal of ofhce to the county clerk of any other county wherein a portion of said city or village is situate, such rate per cent., and it shall be the duty of such county clerk to whom such rate per cent, is certified to extend such tax in a separate col- umn upon the book or books of the collector or collectors of the 170 ABSTRACT OF STATUTES State and county taxes for such county against all property in his county within the limits of said city or village: Provided, the aggre- gate amount of taxes levied for any one year, exclusive of the amount levied for the payment of bonded indebtedness or interest thereon, shall not exceed the rate of one and two tenths (1.2) per centum upon the aggregate valuation of all property within such city or village subject to taxation therein, as the same was equalized for vState and county taxes for the current year. And, provided, further, that nothing herein contained shall be held to repeal or modify the limitations contained in section 49 of an act entitled, "An Act for the assessment of property and pro\'id- ing the means therefor, and to repeal a certain act therein named, approved February 25, 1898." 506. Manner of collecting.] § 2. The tax so assessed shall be collected and enforced in the same manner and by the same officers as State and county taxes, and shall be paid over by the officers collecting the same to the treasurer of the city or village. 507. Time of paying over.] § 3. It shall be the duty of the officer collecting such tax to settle with and pay over to such treasiirer, as often as once in two weeks from the time he shall commence the collection thereof, all such taxes as he shall then have collected, till the whole tax collected shall be paid over. 508. When tax levied for particular purpose.] § 4. Whenever any city or village is required to levy a tax for the payment of any particular debt, appropriation or liability of the same, the tax for such purpose shall be included in the total amount assessed by the city council or board of trustees, and certified to the county clerk as aforesaid; but the city council or board of trustees shall determine, in the ordinance making such assessment, what proportion of such total amount shall be applicable to the payment of such particular debt, appropriation or liability; and the city or village treasurer shall set apart such proportion of the tax collected and paid to him for the payment of such particular debt, appropriation or liability, and shall not disburse the same for any other purpose until such debt, appropriation or liability shall have been discharged. 509. Uniformity.] § 5. All taxes levied or assessed by any city or village, except special assessments for local improvements, shall be uniform upon all taxable property and persons within the limits of the city, and no property shall be exempt therefrom other than such property as may be exempt from taxation under the con- stitution and general laws of the State. 510. One-half road taxes belong to city.] (Chapter 121). § 16. The commissioners at said semi-annual meeting, shall make a certifi- <;ate of the rate per centum finally agreed upon, by virtue of sections thirteen and fourteen of this Act (Road and Bridge) , also the amount ABSTRACT OF STATUTES 171 to liquidate road and ditch damages, and shall cause such certifi- cate to be delivered to the town clerk, to be kept by him on file for the inspection of the inhabitants of said town, and the town clerk shall at once certify these two items of levy to the county clerk to be by him extended as one tax upon the collector's book of said town, to be collected as other taxes, and when collected shall be paid to the treasurer of the commissioners by the collector as fast as the same is collected, except such rate per cent, as shall be allowed for collecting the same : Provided that one-half of the tax required to be levied in sections thirteen and fourteen and collected for road and bridge piu-poses, on the property lying within an incor- porated village, town or city in which the streets and alleys are under the care of the corporation, shall be paid over to the treasurer of such village, town or city, to be appropriated to the improve- ment of roads, streets and bridges either within or without said village, town or city, and within the township under the direction of the corporate authorities of such village, town or city: And pro- vided, further, that when any of said tax is expended beyond the limits of said village, town or city, it shall be with the consent of the road commissioners of the town: Provided, further, that in all cities •of twenty thousand (20,000) inhabitants or upwards, all of said tax required to be levied and collected under said sections thirteen and fourteen within the limits of such city shall be paid over to the treasurer of such city for city pru-poses. 511. Tax-pay ermay enforce rights in name of city, etc.] (Chap- ter 24, Sec. 172.) § 4. A suit may be brought by any tax-payer, in the name and for the benefit of the city or village, against any person or corporation, to recover any money or property belonging to the city or village, or for any money which may have been paid, expended, or released without authority of law : Provided, that such tax-payer shall file a bond for all costs, and be liable for all costs in case the city or village be cast in the suit, and judgment shall be rendered accordingly. 512. Maps — approval of.] § 5. The city council or board of trustees shall have power to provide, by ordinance, that any map, plat, or subdivision of any block, lot, sub-lot, or part thereof, or any piece or parcel of land, shall be subinitted to the city council •or board of trustees, or to some officer to be designated by such ■council or board of trustees, for their or his approval; and in such cases no such map, plat or subdivision shall be entitled to record in the proper county, or have any validity until it shall have been so approved. 513. Inhabitants competent as jurors, etc.] § 6. No person shall be an incompetent judge, justice or juror, by reason of his being an inhabitant or freeholder in said city or village, in any action or proceeding in which said city or village may be a party in interest. 172 ABSTRACT OF STAT UTES 514. Population — census.] § 7. Whenever in this Act any provision thereof is based upon the number of inhabitants [the number of inhabitants] of the city or village shall be determined by reference to the latest census taken by authority of the United States or this State, or of such city or village; and it shall be the duty of the secretary of state, upon the publication of any State or United States census, to certify to each city or village the nimiber of inhabit- ants as shown by such census. Any city or village may, by ordi- nance, provide for the taking of a census of the population thereof, in order to determine the number of such population for any and all purposes of this Act. And the several courts in this State shall take judicial notice of the population of any city or village, as the same may appear from the latest federal, state, city or village census so taken. 515. Municipal year.] § 8. The tenii "municipal year" shall be construed to mean the period elapsing between the regular annual elections unless otherwise provided by ordinance. 516. City or village need not give appeal bond.] § 9. When in any suit the city or village prays an appeal from the judgment of any court of this State to a higher court, it shall not be required to- furnish an appeal bond. 517. Surplus fund — proportion of tax.] (Chapter 24, Sec. 287.) § 1. That no city, town or village within any county in this State shall be entitled to or shall receive from the county treasury of such county any greater proportion of surplus of all taxes which may be collected for county purposes than any other city, town or village within the county. 518. Drawback — amount city, etc.," may receive.] § 2. Nor shall any such city, town or village be entitled to or receive from the county treasury any greater drawback of its proportion of the taxes paid into the county treasury, by reason of any appropria- tion by the county board, out of the county treasur}^ for the making- and repairing of roads and highways, the building and repairing of bridges in such county, without any such city, town or village within such county, than is now allowed by law to all other cities, towns and villages within the same county. Any acts or parts of acts conflicting with this Act are hereby repealed. 519. Rebate of taxes.] (Chapter 24, Sec. 277.) § 1. That whenever, in any incorporated city or town in this State, any property listed or assessed for municipal taxation shall have been or shall here- after be destroyed by fire, in whole or in part, before the levy of the municipal taxes of such city thereon, or before the municipal taxes levied thereon shall have been collected, it shall and may be lawful for the mayor of such city or town — if there be no mayor, then the presi- dent of the board of trustees, the city com])troller, if there should be ABSTRACT OF STATUTES 173 one; and if not, then the city clerk or town clerk, and the tax commis- sioner, if there should be one; if not, then the chairman of the finance committee of the city council or board of trustees — to rebate or remit so much of such tax or taxes so levied upon such property as in their opinion should be rebated or remitted by reason of such property having been, in whole or in part, destroyed by fire. 520. Reduce or release tax or assessment.] § 2. That when- ever, in any incorporated city or town in this State, any large por- tion of the taxable property of such city shall have been or shall liereafter be destroyed by fire, so as to seriously impair or affect the ability of the property owners of such city or town to pay taxes or special assessments thereon, and an appropriation bill has been made or passed, or special improvements ordered before such fire, and the tax or assessment for the payment or raising of the same has not been levied or collected, it may be lawful for the city council or board of trustees of any such town to alter, revise, change, reduce or vacate, or repeal such appropriation bill, or any part of the same, and to order the discontinuance of said special improvements, or any of the same, or to reduce the amount of taxes or special assessments ordered to be levied, or assessed or collected for any general or special purpose, and to pass a new appropriation bill; which new appropriation bill shall have the same force and effect as if the same had been passed within the time prescribed by the charter of any such city or such corporate town, 521. City may refund illegal taxes — limitation.] (Chapter 24, Sec. 373.) § 1 . That whenever, in any of the cities of this State, any taxes for city purposes have been collected and paid into the city treasury without authority of law, and the city council of such cities have caused certificates to be issued to the persons or corporations who have paid such illegal taxes, certifying that such taxes were ille- gally assessed and collected, the city council of such cities are hereby authorized to make an appropriation as soon as possible after this Act shall take effect for the purpose of refunding such illegal taxes, with six per cent, interest per annum from the date of such certificates, and warrants shall be drawn for the payment of such sums and interest, out of the fund so appropriated, to the persons or corporations who obtained such certificates, or their assignees or legal representatives, in the usual manner prescribed by the charter of said cities or by the general law: Provided such certificates are presented to the comptroller of such cities for exchange for warrants within two years after this Act shall go into effect ; and the treasurers of any such cities shall pay said warrants out of said appropriations. 522. [Sewerage fund tax.] (Chapter 24, Sec. 280.) § 1. That the legislative authority of any city which now has, or may hereafter have, established a system of sewerage for such city, shall have power 174 AHSTRACT OF STATUTES annually to levy and collect a tax upon the taxable real and personal estate of such city, not to exceed one mill on the dollar, for the exten- sion and laying of sewers therein, and the maintenance of such sewers, which tax shall be known as "the sewerage fund tax," and shall b& levied and collected in the same manner that other general taxes of any such city are levied and collected: Provided, however, that the board of pubhc works of such city, if any, or the head of the sewer de- partment of such city, shall first certify to such legislative authority the amount that will be necessary for such purpose: Provided, fur- ther, that a two-thirds majority of all the inembers-elect of the legis- lative authority of such city may levy a tax for such purposes, not to exceed three mills on each dollar of the taxable property of such city: And, provided, such "sewerage fund tax" shall not be included, prior to the year 1891, in the aggregate amount of taxes as limited by section one (1) of article eight (8) of "An Act for the incorpora- tion of cities and villages," approved April 10, 1872. 523. Sewerage fund and light tax.] § 2. The legislative au- thority of any city which now has, or which may hereafter have, established or hired water works for the supply of water to the inhabitants thereof, shall have the power to annually levy and col- lect a tax upon the taxable real and personal estate of any such city, whether organized under a special charter or the general law, not to exceed one mill on the dollar, for the extension of water mains or pipes therein, and the maintenance of such water works, or to the creation of a sinking fund to be applied to the establishment of water works, which fund shall be known as the "water fund tax," and shall be levied and collected in the same manner that other general taxes of any such city are levied and collected: Provided, that the board of public works of such city, if any, or the head of the water department of such city, shall first certify to such legis- lative authority the amount that will be necessary for such purposes, and shall further certify that the revenue or income from such water works will be insufficient therefor : Provided, further, that two-thirds majority of all the members-elect of the legislative au- thority of such city may levy a tax for such purposes, not to exceed three mills on each dollar of the taxable property of such city: And, provided, further, that the legislative authority of each of the cities, villages and incorporated towns in this State, with the concurrence of two-thirds of the inembers thereof, shall be authorized to levy, and collect annually, upon the taxable property within its limits, in addition to all other taxes now authorized by law, a tax of not exceeding three mills on the dollar of such taxable property, to be used exclusively for the purpose of lighting streets, and a further tax of not exceeding two mills on the dollar of such taxable property, to be used exclusively for the purpose of supplying water to such city, village or incorporated town: Provided, also, that nothing ABSTRACT OF STATUTES J 75 in this Act shall be so construed as to increase the amomnf r.f gate taxes that may be levied in any one yTar bfanv ckv or . fP" as provided m section one (1) of article 8 o'^^^an ActZmld'InA^t XS^rtlSn. ^'^ --^P-^- of cities and villTg^s'^aptvel WATER WORKS AND SEWER SYSTEM. fisn^^^Vw ^ purchase or lease-proceedings.] (Chaoter 24 q.. works or sewerage svstem nrhnlhL^ H ^ ^^^^^ ^^^^ water Provided, hoZevfr that before s^;chT ^' °^^'' °' °^^^^^ thereof; binding upon the cit"g^^^^^^^^^^ shall be or board of trustees, as the case mav be shnH city council empowering and authorizing such Sc nal tv oT'' '''' ^'^^'^^^ such water or sewer svstem nr hnlh T-^ \ I ^^ ^^^^^ ^^ purchase as practicable, .^I^^S ^uchta^nl or'^^^Z^^^^T^^ T^ ^n'S^ettTe7u'bt least once each wceK two successi^^^^^^^^^^ ""^ P^^^^^^^^ ^^ lished in said mumcipahty If no S^ newspaper pub- city council or board of trustee. f.T? -A "" ^'''''''"^^^ ^o saM twenty-one days after said ordTn?;^^ • ''"'''S^'; P^^^^^ded, within shall be lawful^L saTd dty coS o/L'^ T^lf'"^ ^^^^ Pasted, it mate the leasing or purchaL of such w.^ ™'^''' ^° "°^^^™- as provided in !he oTd'nance afore^a^ T^ ^f^^'^''^^' °^ ^oth, after the first publicatiorof sa d nrl^' ^'^^'"^ twenty-one days with the municipa^^ clerk addres^^^^^^^^ ^^ ^^^^ trustees signed by twenty per cent of It ""'^y ^^^^f or board of ' at the last general election h el nf. c^.'"'''?'^^^ ^^ ^o^^^s voting village askini ^^^t stSlZ^^^^ ^l.^^^^^^^^^ town o? tr^d^tTsrfeUa-bU^^^^^^ election in mannef provided bv L t n T^'^^P^'^^^ ^^ ^^" ^ special if it appears that a majority of the vot- "^^ '''' '""'^ '^^'''^°^' ^^'^ at such election vote hJ favor of 1p J? ^^ting upon such question sewer system or both then s«?H n ^ T P^^^^asing such water or such leJsing or purchase but l^f a Z°''' ^f Monties may complete said proposition then no furthe IZn'llul^rl ^T ''' ^^^^"^^^ cipality for a period of not less th^^-V ^l^^^e,n by such muni- other proposition may brsUmitteras beC^^ "^^" ^'^ ^^"^^ ^ any water works or sewerage system, or'lon:^^:^::^^^^^^ 176 ABSTRACT OF STATUTES same shall be pledged to secure the payment of any bonds, or other written evidences of indebtedness by mortgage or trust deed, then said city or municipality may direct, by order or resolution, the clerk and treasurer thereof to enter the same on the records of such muni- cipalitv as an indebtedness against said water works or sewerage svstcni only, and shall cause all the revenues derived from the opera- tion of said systems, and all rents due and payable said former owners for use of waters and sewerage purposes, and pledged for the payment of such indebtedness, to be set apart in a separate fund for the pay- ment of such indebtedness as it becomes due and payable: Provided said systems can be operated and maintained from the current funds of such municipalitv duly appropriated therefor: Provided, further, that nothing in this laW contained shall be construed so as to aftect the lien thereof and render null and void any bond, mortgage or trust deed securing any indebtedness upon said systems or a franchise and contract under which they were operated, executed by any per- son, firm or corporation as owner thereof for the construction and installation of any water or sewer system, or both, prior to the trans- fer of the same to any municipalitv as aforesaid, should any munici- paHtv neglect or fail to pav such indebtedness as it falls or becomes due and in the event of a foreclosure of any mortgage or trust deed as aforesaid at the instance of bona fide holders or any bonds or notes thereby secured and unpaid, the said mortgagee or trustee for said bond holders shall be reinvested to all former rights existing m their behalf by virtue of any franchise and contract granted such munici- pality to the person, firm or corporation creating such indebtedness, and which has been pledged as aforesaid. 526. May borrow money— tax levy— bonds.] § 3. vSuch cities, \dllac^es and incorporated towns may borrow money and levy and collect a general tax in the same manner as other municipal taxes may be levied and collected for the leasing or purchase and main- tenance of such water works and sewerage systems, andfor the pay- ment of anv existing indebtedness thereon, and may issue bonds ot said municipalitv to procure funds to purchase any such system or svstems and to pay oft" existing bonds or indebtedness thereon at the time of said purchase, at any time thereafter that the financial con- dition of the municipalitv will permit : Proiided, also, an appropria- tion having been made therefor, such municipality may constitute and make any bond falling due during the current year and secured by a trust deed on such system or systems and issued to procure funds to build and construct the same, a bond of said city, for such year and lew and collect a tax to pav the same: Provided such action does not increase the bonded indebtedness of said municipalities m excess of the constitutional limit of such year, for which said tax is to be levied and collected. ABSTRACT OF STATUTES 177 527. Contracts for water supply.] § 4. To enable cities, incor- porated towns or villages to promote and procure the building, con- struction and installation of water and sewer systems, when it be- comes necessary for public health and we'' fare or better sanitary conditions of such municipality, such city, village or incorporated town is hereby authorized to contract with any person, firm or cor- poration for a supply of water for public uses and for sewerage for drainage and sanitary purposes of such municipality for a period not exceeding thirty years; any contract made and entered into by any municipahty as aforesaid and pledged to secure the bonds issued to build and construct any water or sewer system shall at all times and under all conditions enure to the benefit of the holders of any of said bonds and for the payment of the same. 528. Miscellaneous provisions — borrow money.] (Chapter 24, Sec. 169.) § 1. The city council or board of trustees shall have the power to provide for a supply of water by the boring or sinking of artesian wells, or by the construction and regulation of wells, pumps, cisterns, reservoirs or water works, and to borrow money therefor, and to authorize any person or private corporation to construct and maintain the same at such rates as may be fixed by ordinance, and for a period not exceeding thirty years ; and also to prevent the unneces- sary waste of water; to prevent the pollution of the water and in- juries to such wells, pumps, cisterns, reservoirs or water works. 529. Acquiring property for water works — jurisdiction over.] § 2. For the purpose of establishing or supplying water works, any city or village may go beyond its territorial limits, and may take, hold and acquire property by purchase or otherwise; shall have power to take and condemn all necessary lands or property therefor in the manner provided for the taking or inj uring private property for pub- lic uses; and the jurisdiction of the city or village to prevent or punish any pollution or injury to the stream or source of water, or to such water works, shall extend five miles beyond its corporate limiits, or so far as such water works may extend. 530. Regulations — rates; taxation, etc.] §3. The. city council or board of trustees shall have power to make all needful rules and regulations concerning the use of water supplied by the water works of said city or village, and to do all acts and make such rules and regulations for the construction, completion, management or control of the water works, and for the levying and collecting of any water taxes, rates or assessments as the said city council or board of trus- tees may deem necessary and expedient ; and such water taxes, rents, rates or assessments may be levied or assessed upon any lot or parcel of ground, having a building or buildings thereon, which shall abut or join any street, avenue or allc}^ in such city or village through which the distributing pipes of such water works (if any) of said city or village are or may be laid, which can be conveniently supplied with 178 ABSTRACT OF STATUTES water from said pijjcs: Provided, [whether] the water shall be used on such lot or parcel of ground or not; and the same, when so levied and assessed, shall become a continuing lien or charge upon such lot or parcel of ground, building or buildings situated thereon, and such lien or charge may be collected or enforced in such manner as the city council may, by ordinance, prescribe. And the corporate authorities may levy a general tax for the construction and main- tenance of such water works, and a]3propriate money therefor. 531. Power to supply water — letting contract — emergency.] (^Chapter 24, Sec. 254.) § 1. That all cities, incorporated towns and villages in this State be and arc hereby authorized and shall have power to provide for a supply of water for the purposes of fire pro- tection, and for the use of the inhabitants of such cities, incorporated towns or \411ages by the erection, construction and maintaining of a system of water works, or by uniting with any adjacent city, incor- porated town or village in the erection, construction and maintaining of a system of water works for the joint use of such cities, incorporated towns or villages, or by procuring such supply of water from any adjacent city, incorporated town or village already having water works: Provided, that all contracts for the erection or construc- tion of such works, or any part thereof, shall be let to the lowest responsible bidder therefor, upon not less than three (3) weeks' public notice of the terms and conditions upon which the contract is to be let having been given by publication in a newspaper published in such city, town or village, or if no newspaper is published therein, then in sorr.e newspaper published in the county: And, provided, further, that no mxCmber of the city council or board of trustees or mayor shall be directly or indirectly interested in any such contract, and in all cases the council or board of trustees, as the case may be, shall have the right to reject any and all bids that may not be satis- factory to them. 532. Borrowed money — tax.] § 2. Such cities, incorporated towns and villages may borrow money and levy and collect a general tax, in the samic manner as other municipal taxes may be levied and collected, for the erection, construction and maintaining of such water works, and appropriate money for the same. 533. May acquire property for works, etc.] § 3. For the pur- pose of erecting, constructing, locating, maintaining or supplying such water works, any such city, incorporated town or village may go beyond its territorial limits, and may take, hold and acquire property and real estate, by purchase or otherwise; and shall also have the power to take, hold and acquire and condemn any and all necessary property and real estate for the location, erection, con- struction and tnaintaining of such water works, in the manner pro- \'ided for the taking and condemning of private property for public ABSTRACT OP STATUTES 179 use; and may also acqmre and hold real estate and other property and rights necessary for the location, erection, construction and maintenance of such water works, by purchase or otherwise; and the jurisdiction of such city, town or village to prevent or punish any pollution or injury to the stream or source of water for the supply of such water works shall extend ten miles beyond its cor- porate limits. 534. Rules — tax — assessment — lien.] § 4. The common coun- cil of such cities, or trustees of such towns or villages, shall have power to make and enforce all needful rules and regulations in the erection, construction and management of such water works, and for the use of water supplied by the same. And such cities, towns and villages shall have the right and power to tax, assess and collect from the inhabitants thereof such tax, rent or rates for the use and benefit of water used or supplied to them by such water works, as the com- mon council or board of trustees, as the case may be, shall deem just and expedient. And all such water taxes, rates or rents shall be a lien upon the premises and real estate upon or for which the same is used or supplied. And such taxes, rents or rates shall be paid and collected, and such lien enforced, in such manner as the common coun- cil shall, by ordinance, direct and provide. 535. Special assessment.] § 5. The expense of locating, erecting and constructing reservoirs and hydrants for the purpose of fire protection, and the expense of constructing and laying water main pipes, or such part thereof as may be just and lawful, may be assessed upon and collected from the property and real estate speci- ally benefited thereby, if any, in such manner as may be provided for the making of special assessments for other public improvements in such cities, towns or villages. 536. Separate fund.] § 6. All the income received by such cities, towns or villages, from such water works, from the payment and collection of water taxes, rents or rates, shall be kept in a separate fund, and shall first be applied in the payment and discharge of the costs, interest on bonds or money borrowed and used in the erection and construction of such water works and running expenses thereof. And any surplus may be applied in such manner as the common council or board of trustees may direct. 537. When act not to apply.] § 7. The provisions of this Act shall not apply to cities, towns or villages in which water works are now managed or controlled by a board of public works. 538. Power to contract for water.] (Chapter 24, Sec. 266.) § 1. That in all cities incorporated towns and villages, where water works have been, or may hereafter be constructed by any person or incor- porated company, the city, town or village authorities in such cities, incorporated towns and villages may contract with such person or 180 ABSTRACT OP STATUTES incorporated company for a supply of water for public use for a period not exceeding thirty years. 539. Tax.] § 2. Any such city or village so contracting, may levy and collect a tax on all taxable property within such city or village, to pay for the water so supplied. 540. City, etc., may lease or purchase waterworks.] (Chapter 24. Sec. 267a.) § 1. That in all cities, incorporated towns and villages where waterworks are now constructed, or may hereafter be con- structed by any person or incorporated company, the city, town or village authorities in such cities, towns or villages may piu-chase or lease such water works from the owner or owners of the same : Pro- vided, however, that before such leasing or purchase shall be binding upon said city, incorporated town or village, the city council or the board of trustees shall pass an ordinance including the terms of such lease or purchase, which ordinance shall be published in a newspaper published in said city, incorporated town or village at least once in each week for two successive weeks, and said ordinance shall be posted for a period of not less than ten days in at least five public places in such city, incorporated town or village. And if no petition shall be submitted to said city council or board of trustees as hereinafter provided, within twenty-one days after said ordinance is so published and posted, it shall be lawful for said city council or board of trustees to consummate the leasing or pur- chase provided for in the ordinance aforesaid. But if within said period of twentj^-one days there shall be presented to said city council or board of trustees, a petition signed by twenty per cent, of the number of \'oters voting at the last general city, town or village election asking that the question of such leasing or purchase shall be submitted to a vote, it shall then be the duty of the city council or board of trustees by ordinance to call a special election as may be provided by law to vote upon the question of said lease or purchase, and if it appear that a majority of such voters voting upon such question, at such election, vote in favor of such leasing or purchase, then said city council or board of trustees shall pro- ceed to complete said leasing or purchase; but if a majority of the votes cast are against such leasing or purchase then said city, in- corporated town or village shall proceed no further with said leasing or purchase for the period of six months next ensuing. 541. May borrow money and levy general tax.] §2. Such cities incorporated towns and villages ma}' borrow money, and levy and collect a general tax in the saine manner as other municipal taxes may be levied and collected for the piu-chase and maintaining or the leasing and maintaining of such waterworks, and appropriate money for the same. ABSTRACT OF STATUTES 181 542. Source of supply beyond corporate limits.] (Chapter 24, Sec. 267c.) § 1. That any water company now organized, or that may hereafter be organized under the laws of this State, for the pur- pose of supplying any city, town or village, or the inhabitants thereof with water, is hereby empowered to locate its source of supply at or change its source of supply to a point beyond the limits of such city, town or village; and any such company may enter upon any lands and take and damage private property beyond said limits, for the con- struction, maintenance and operation of a line or lines of water pipe, to such source of supply, and also for the necessary pumping stations, reservoirs or other appurtenances; and also construct, maintain and operate beyond said limits such line or lines of water pipe across or under any railroad right of way, and in and under any public or private road, highway, street, alley or public ground or across or under any of the waters within this State: Provided, however, that such source of supply shall not be located more than ten miles distance from the corporate limits of said city or village, and that such line or lines of water pipe shall not interfere with any railroad, sewer, gas pipes, water pipes, or other conduit already laid in or under such pubHc or private road, highway, street, alley or public ground by pubhc authority: And, provided, also, that such com- pany shall, in the construction and repair of said line or lines of water pipe, restore such public or private road, highway, street, alley or public ground, to the same condition as before, and shall not unnecessarily interfere with the public use of the navigation of said waters. Provided, further, the laying of such water pipes or other work shall be done under such reasonable regulations as the authorities of any township, town, city or village wherein such work is done may prescribe. 543. Right of eminent domain.] § 2. When it is necessary for the construction, maintenance and operation of such line or lines of water pipes, pumping stations, reservoirs or other appur- tenances, to take or damage private property, the same may be done, and the compensation therefor may be ascertained and made in the manner which may be then provided by law for the exercise of the right of eminent domain. 544. Punishment of persons interfering.] § 3. Any person who shall unlawfully and intentionally molest or destroy any part or portion of said line or lines of water pipe, pumping stations, reservoirs or other appurtenances, or the material or property be- longing thereto, or shall in any manner interfere with the construction, maintenance or operation thereof, shall, on conviction thereof, be deemed guilty of a misdemeanor and be punished by a fine not exceeding $100, said fine to be recoverable in any court having juris- diction of the offense: Provided, that prosecution under the forego- ing provisions of this section shall not in any manner prevent a re- 182 ABSTRACT OF STATUTES covery by the company entitled thereto, of the amount of damages done to said property. 545. May fix rates for water supply.] (Chapter 24, Sec. 267f.) § 1. That the corporate authority of any city, town or village, now or hereafter incorporated under any general or special law of this State, in which any individual, company or corporation has been, or hereafter may be, authorized b}^ such city, town or village to supply water to such city, town or village and the inhabitants thereof, be and are hereby empowered to prescribe by ordinance maximum rates and charges for the supply of water furnished by such individual, com- pany or corporation to such city, town or village, and the inhabit- ants thereof, such rates and charges to be just and reasonable. And in case the corporate authorities of any such city, town or village shall fix unjust and unreasonable rates and charges, the same may be re- viewed and detennined by the circuit court of the county in which such city, town or village may be. 546. Cities owning or operating water works — powers and privileges.] (Chapter 24, Sec. 268.) § 1. That all cities owning or operating water works under any charter granted by act of any general assembly of this State, or under the general incorporation laws of this State, whether by boards of water commissioners or by officers appointed for that purpose, are hereby granted the following powers and privileges, for the purpose of increasing or bettering the source of supply from which such water is obtained. 547. Powers of board — may raise money — vote.] § 2. When- ever, in the judgment of a majority of any board of water commission- ers, or if there be no such board, then in the judgment of a majority of the city council of any city owning or operating such water works, it shall be necessary for the public health, or for any other cause, to increase the source of water supply, or to substitute for it such better source as, in their judgment, the interests of such city may demand, such board of water commissioners or city council may, in addition to the powers already conferred upon them by Act of any general assembly of this State, construct wells, either by boring or excava- tion, and protect and equip the same after construction, or may lease water privileges from private parties or corporations owning wells already or hereafter to be constructed, and may pay for such con- struction or lease, and for the expenses maintained in operating the same, out of any earnings of such water works under their control which may be in their hands at the time of the taking effect of this Act, or which may accrue to them hereafter: Provided, that no money shall be expended under the provisions of this Act, for the purposes herein specified, until the question of the expenditure of such money for the purposes aforesaid shall ha\'e been submitted to a vote of the people of the city in which such water works may be situated, at any election for city officers or special election called for ABSTRACT OF STATUTES 183 that purpose by the city council of said city, and shall have received a majority of the votes cast at such election : Provided, further, that no money shall be expended under the provisions of this Act, for the purposes aforesaid, other than the surplus earnings of such water works. 548. May acquire water works — payment.] (Chapter 24, Sec. .270a.) § 1. Every city, incorporated town and village in this State, is hereby authorized to acquire water works for supplying water for public use, and for domestic use of its inhabitants by building or purchasing a water works system or enlarging or extending an existing system. In payment for such building, purchase or enlargement any such municipality may issue certificates of indebtedness limited in their payment solely to the water fund hereinafter provided for; such certificates may bear interest at a rate of not exceeding six per cent\mi per annum, payable semi-annually, and shall only be issued at not less than par value in payment for the building, purchase or extension of a water works system. 549. Ordinance — petition — submission to vote.] § 2. Any such municipality desiring to avail itself of the provisions of this Act shall first pass an ordinance, fixing in a general way the capacity of the water works system it is proposed to acquire, and referring to the plans and specifications therefor, which shall be open to the inspec- tion of the public; which said ordinance shall fix the rates at which water is to be suppHed for all private purposes, and said rates, so fixed, shall not thereafter be reduced until the certificates issued for acquiring or enlarging the water works, and the interest thereon, are fully paid. Which said ordinance shall be published in a newspaper published in such municipality, at least once in each week for three successive weeks. And if no petition shall be filed with the clerk of such municipality as hereinafter provided, within twenty-one days after the first publication of said ordinance, then the corporate authorities may proceed to carry out the provisions of the ordinance. But if within said period of twenty-one days, there shall be filed with the clerk of such municipality, a petition, signed by twenty per cent, of the number of voters voting for presiding officer of the legislative body of such municipality at the next preceding general city, town or village election, asking that the question of acquiring or enlarging a water works system be submitted to a vote. It shall then be the duty of the legislative body of such municipality, to call a special election in the manner provided by law, to vote upon such question, and if it appear that a majority of the voters voting upon such question at such election vote in favor of acquiring or enlarging the water works, then said ordinance shall be in full force and effect, and the corporate authorities may proceed to carry out the provisions thereof, but if a majority of the votes cast are against 184 ABSTRACT OF STATUTES such acquiring or enlarging, then said city, incorporated town or village shall jjrocecd no further for the period of six months next ensuing. 550. Water fund — certificates — payment of.] § 3. Whenever any such municipality shall a\'ail itself of the provisions of this Act, the entire proceeds arising from the operation of the water works system thereof shall be paid into a fund known as the "water fund," and which fund shall be and remain inviolate until the cer- tificates issued under the terms hereof and the interest thereon is fully paid, and the treasurer of such municipality shall not pay any warrants drawn on said fund unless the same be drawn in payment of the necessary operating expenses of such water works system, or in payment of the certificates issued hereunder or the interest thereon. 551. May mortgage water works system.] § 4. In order to secure in the most ample manner, the payment of the water certifi- cates, authorized as aforesaid, any such municipality may convey by way of mortgage or deed of trust, the water works system so acquired or enlarged, which said mortgage or deed of trust shall be acknowledged and recorded in the same manner as mortgages of real property, and which mortgage or deed of trust may contain such provisions and conditions as are reasonably necessary to fully secure the payment of said water certificates. 552. Foreclosure of certificates.] § 5. Whenever, and as often as default shall be made in the payment of water certificates, issued as aforesaid, and such default shall continue for the space of ninety days, it shall be lawful for said mortgagee or trustee to declare the whole of the principal and interest of such certificates at once due and payable, and proceed to foreclose the same in any court of competent jurisdiction, and in any decree to be rendered in such suit of fore- closure there shall be included a reasonable solicitor's fee for the complainant's solicitor, and such decree shall fix reasonable rates for water furnished from said water works system for public uses during the time that such municipality shall be deprived of the possession thereof, as hereinafter provided, and upon any sale under such decree of foreclosure the person or corporation offering to satisfy said decree for the rents, incomes and profits of said water works system for the least number of years, not exceeding fifty, shall be- come the purchaser thereof, and on satisfying said decree, shall be let into the use, occupation and enjoyment of said water works system during the period of time for which the same were sold, and during such period such purchaser or assigns shall be entitled to receive and collect for water furnished for private uses the rates prescribed in the ordinance provided for in section 2 of this Act, and shall be entitled to receive and collect the reasonable rates fixed for the public uses of water in such decree. At the end of said period, said purchasers or assigns shall deliver said water works system to such ABSTRACT OP STATUTES 185' municipality in as good condition as when the same was received, ordinary wear and tear excepted. 553. Rights of purchaser at foreclosure sale.] § 6. During the period of time when the purchaser at such foreclosure sale shall be entitled to the use and enjoyment of said water works system, it shall not be competent for such municipality to construct or author- ize any other person or corporation to construct a competing sys- tein of water works, nor shall it be competent for the purchaser at such foreclosure sale, or assigns, to extend the water works system so purchased, except upon such terms as such municipality may author- ize. 554. How act construed.] § 7. This shall be deemed and con- strued to confer powers in addition to, but not limiting those now existing. TO BUY OR CONSTRUCT WATER WORKS AND TO PROVIDE FOR THE MANAGEMENT THEREOF, ETC. 555. Power to levy a direct annual tax of not more than one per cent.] (Chapter 24, Sec. 270h.) § 1. That cities and villages shall have the power to levy, in addition to the taxes now authorized by law, a direct annual tax of not more than one cent on the dollar upon all the property within the corporate limits of the city or village, said tax to be payable yearly for a period of not more than thirty years; the proceeds of said tax to be used solely for the pur- chase, construction or enlarging of water works. 556. Contract for purchase or erection of water works — direct annual tax.] § 2. Whenever any city or village desires to avail itself of the provisions of this Act, the city ccuncil or the board of trustees, as the case may be, may, by ordinance or resolution, con- tract for the purchase or erection of water works for a provisionally certain fixed sum, or may so contract for purchase, extension and enlarging if the plant proposed to be purchased shall be inadequate, and such contract for erection or purchase, together with a report from the city or village engineer recommending the same, shall be published at least once a week for three consecutive weeks in a daily or weekly newspaper published in said city or village, and shall at the same time, provide by resolution or ordinance for the levying of a direct annual tax as authorized in section 1 of this Act, the total of which said tax for the term levied, together with the annual revenue which is estimated to be derived from the works, shall be sufficient to pay the contract price for the works, together with intesest on same; but such contract for purchase, erection or enlarging and such tax, shall not be valid or binding until confirmed by vote, as follows: 186 ABSTRACT OF STATUTES 557. Such contract and tax after action by the council to be submitted to voters manner of submission.] § 3. Such contract and tax, after action by the council or trustees as aforesaid, shall, before they shall be valid and binding, be submitted for ratification to the voters of the city or village at a regular or special election by giving notice of same, which notice shall specify the character of the said works proposed to be erected, purchased or enlarged, and the amount of tax to be levied, and said notice shall be posted in ten public places within such city or village at least three weeks prior to said election, and also by publication three times in a daily or weekly newspaper published in said city or village, and for three weeks pre- ceding such election, there shall be on file in some public place, con- venient of access, a fiill description of works, copy of contract and report of engineer, for the inspection of the voters, and notice of where said plans and specifications are on file shall be included in the notice of election. If three-foiu-ths of all the voters voting on said proposition shall vote in favor of said contract and tax, the same shall be binding and the tax duly levied. The ballots at such elec- tion shall read : "Proposition to construct, purchase or enlarge (or all) water works and levy a tax of annually for vears:" Yes. No. 558. Power of city council and board of trustees under this Act.] § 4. The city council in cities and the board of trustees in villages, shall have the power to carry into execution, the contract for the erection, purchase or enlarging of water works when ratified by the voters, as directed in section 3, and employ a superintendent and such other employes as may be necessary and proper for the operation of such works, for the collection of water rentals and for the conduct of the business necessary to the operation thereof. 559. Power to issue bonds against taxes levied.] § 5. The city council in cities and the board of trustees in villages shall have the power to issue bonds against the taxes levied, the same to be payable only out of said special tax when collected and out of the net revenue derived from the operation of said works. 560. Bonds — when to mature — interest.] § 6. The said bonds shall be made to mature in as nearly as possible equal installments of one hundred dollars, or miiltiples thereof, the first installment to be payable one or two years from date, the last installment within one year after date of the last tax levy provided in the vote authoriz- ing said levy. The bonds shall bear interest at a rate not to exceed six per cent., payable annually or semi-annually, shall be sold for not ABSTRACT OF STATUTES 187 less than par, or may be paid out at not less than par for the construc- tion, purchase or enlargement of said works. 561. Form of bonds.] § 7. Said bonds shall be substantially in the following fomi: The City or Village of , County of , State of [Uinois, for value received hereby promises to pay to bearer hundred dollars, lawiul money of the United States of America, on the day of :.A. D , together with interest thereon at the rate of per centum per annum, paya- ble annually on the day of A. D Both principal and interest payable at the This bond is one of a series of bonds amounting to dollars, issued by ordinance of the City (or Village) of , and is payable solely out of funds derived from special tax levy and net revenue of the water works of the City (or Village) of ; the erection , purchase or enlarging of said works and levy of said tax having been authorized at an election legally called and held on the day of A. D ; and out of no other funds. And it is hereby recited that all acts, conditions and things pre- cedent to and in the issuance of this bond have been properly done, happened and performed in regular and due form as required by law. In testimony whereof the City Council (or Board of Trustees) has caused this bond to be signed by the Mayor (or President) and countersigned by the. Clerk, and caused the seal of the City or Village to be affixed this day of A. D , . , Mayor. , Clerk. Coupons representing the interest, shall be attached thereto, which may be signed or bear the lithographed signature of the clerk of said city or village. 562. Fixing water rentals or rates.] § 8. The board of trustees or city council shall, from time to time, fix the water rentals or rates to be charged for the furnishing of water, and such shall be made sufficient, together with the proceeds of the special tax provided by the Act to pay at maturity the interest and principal of bonds issued under the provisions of the Act, and also for the proper maintenance and operation of such works, the proper and necessary extension thereof, and for all repairs thereon. 563. Water district created by two or more villages, etc. — how governed.] § 9. Any two or more villages or cities adjacent to each other may elect by ordinance to create a Water District, said dis- trict to be governed by a board of trustees composed of the joint city councils or village boards of each and every such city and village, which said board of trustees shall have the power given to city councils or boards of trustees in this Act, and said water districts shall be a body corporate to carry out the provisions of the Act, but notice of any election held by such water district under this Act shall be given in each and every city and village combining into the district, and if the election shall not carry by three-fourths of all 1S8 ABSTRACT OF STATUTES voters voting in each city or villaj^c in said d'strict, then the pro- posed contract and tax shall be considered to have failed oi' ratifica- tion and to be void. 561. This Act confers additional powers on city councils, etc.j § 10. This Act shall be considered as conferring additional ]jower on city councils and boards of trustees, and as in addition to and not limiting powers now given cities and villages, city councils and boards of trustees by law. GENERAL ORDINANCES OF THE CITY OF DANVILLE Whereas, Provision|has been made for the revision and republi- cation of the general ordinances of this City in book form. Therefore, be it ordained by the city council of the City of Dan- ville, Illinois, as follows, to-wit : CHAPTER I. AMUSEMENTS. 565. License required.] § 1. No circus, menagerie, sideshow, dog, pony, monkey or bird show, theater, minstrel show, concert, musical entertainment, panorama, dime museum, vaudeville, ex- hibition of natural or artificial curiosities, or of paintings or statuary, fortune telling, feats of jugglery, sleight of hand, necromancy and the like, and no other similar public exhibition, entertainment, show or amusement, given for gain, shall be given, exhibited or performed without a license therefor first being taken out, under a penalty of not less than ten dollars nor more than two hundred dollars for each offense. 566. Fees.] § 2. The charges for such licenses shall be as follows : Circuses, etc. — For each circus, menagerie, or hippodrome, or a combination thereof, charging a general admission fee of fifty cents, one hundred dollars per day; for each circus, menagerie, or hippodro- drome, or a combination thereof, charging a general admission fee of twenty-five cents, fifty dollars per day; and for each side show, ten dollars per day; for each concert, musical or minstrel entertainment given in connection with a circus, menagerie or hippodrome, five dollars for each performance. Dog and Pony Shows. — For any show of the class usually known as a dog, pony, monkey or bird show, twenty-five dollars per day. Theaters. — For any other dramatic or musical entertainment, concert, threater, minstrel show or similar entertaimnent, five dol- lars for each entertainment. Exhibition of Curiosities, etc. — For any panorama, exhibition of natural or artificial curiosities, or of paintings, pictures or statuary, ten dollars per day. Dime Museums, etc. — For any dime museum or vaudeville show, ten dollars per day, twenty dollars per week, fifty dollars per month. Penny Arcades, etc — For any public amusement of the class usually known as a penny arcade, or siinilar entertainment, five dollars per day; fifteen dollars per week; twenty-five dollars per month; seventy-five dollars per year. Wild West Shows. — For any show of the class usually known as a Wild West show, one hundred dollars per day; and for each side show, ten dollars per day. 192 GENERAL ORDINANCES All Others. — Any and all other show?,, entertainments or amuse- ments for which license is required, where not otherwise specified, each five dollars per day. 567. House license.] § 3. In case any of the exhibitions, shows or amusements aforesaid shall be given in a theater, opera house, i)ublie hall, or other like place of amusement, it may be law- ful for either the person giving the same, or the person owning or managing such place, to take out an annual license at one hundred and fifty dollars per annum, and it is hereby made the duty of the owner and of the manager of any threater, opera house, public hall or other place of amvisement, where any such exhibition, show or amusement aforesaid is to be given, to see that license has been duly obtained, either under this or the preceding section, under a jDcnalty of not less than twenty-five dollars nor more than one hundred dol- lars, in case the same is given without license. 568. Billiard tables, etc.] § 4. No billiard table, bagatelle, pool, pin pool, jjigeon-holc or the like table shall be kept for gain, without license first obtained, which shall be paid for at the rate of five dollars per annum for the first table, and two dollars and fifty cents per annum for each additional table, under a penalty of not less than five dollars nor more than one hundred dollars. 569. Lung testers, etc.] § 5. No lung tester, lifting apparatus, galvanic battery, striking-machine, merry-go-round, flying-machine, or an}^ mechanism or device used for ainusement purposes, shall be kept, used or exhibited for gain without license first obtained, which shall be paid for at the rate of ten dollars for the first day, and there- after at the rate of ten dollars per day, under a penalty of not less than five dollars nor more than one hundred dollars for each ofifense. 570. Shooting galleries.] § 6. No shooting gallery shall be kept, used or maintained for gain without license first had and ob- tained, which shall be paid for at the rate of five dollars per day for the first day, and thereafter at the rate of one dollar per day in ease the license is for a less period than thirty days; and in case the license is for the period of one year, then to be paid for at the rate of fifty dollars per year, under a penalty of not less than five dollars nor more than one hundred dollars for each oftence. 571. Roller skating rinks.] § 7. No person shall engage in the business of conducting a roller skating rink or polo rink for gain without first obtaining license, for which shall be paid fifty dollars per month, under a penalty of not less than five dollars nor more than one hundred dollars for each offence. 572. Hours— minors.] § 8. No owner, keeper, or i)erson hav- ing the management or control of any ]3lace used for the purpose of roller skating shall keep open said place, or allow roller skating there- GENERAL ORDINANCES 193 in, after the hour of eleven o'clock P. M.; nor allow any girl or boy under the age of eighteen years to enter said place without the written consent of his or her parent, or legal guardian, which written consent shall be dated and shall expire at the end of ten days from the date it is given, and said written consent shall be filed by the owner, manager or person having control of said place, and shall be exhibited to any police officer whenever demanded by any such officer. Every owner, keeper, or person having control of a place used for roller skating, who shall violate any or either of the above provisions shall be fined not less than ten dollars and not more than one hundred dollars for each offense. 573. Ball alleys.] § 9. No ball or pin alley, usually designated as a ten -pin alley, shall be kept for gain without first obtaining license, for which shall be paid ten dollars per annum for the first alley, and five dollars per annum for each additional alley, under a penalty of not less than five dollars nor more than one hundred dollars for each offense. 574. How issued.] § 10. All licenses herein provided for shall be issued by the mayor and countersigned by the clerk, and the latter shall keep a like register of issuing the same as is pro- vided in the chapter concerning the licensing of certain occupations, and such licenses shall be subject to revocation for a failure to ob- serve the laws of the State or the ordinances of the city, and such license shall not be construed as a permit for conducting business or exhibitions on Sunday, nor for keeping open later than 11 o'clock at night, nor as permitting the giving of any entertainment, show or exhibition which is indecent or vulgar in character, nor as per- mitting the giving of any concert, musical entertainment, variety show or any other entertainment in a place where intoxicating" liquor is sold, under a penalty, in either case, of not less than ten dollars nor more than one hundred dollars. 575. Good order to be maintained.] § 11. Every person giving or conducting any exhibition, show or amusement, or place of amusement as aforesaid, shall preserve good order in and about the place where the same is given or conducted,, and, if necessary, shall employ one or more special police, at his own expense, and a neglect or failure to so maintain and preserve good order shall subject such person to a penalty of not less than five dollars nor more than one hundred dollars. 576. No chairs in aisles.] § 12. No chairs, stools or seats of any description shall be placed or permitted to remain in the aisles or passage-ways in any theater, hall or other public building when the same is occupied by the- public, under a penalty of not less than ten dollars nor more than one hundred dollars for each and every violation of this section. It shall be the duty of all members 194 GENERAL ORDINANCES of the police force to see that this section is strictly observed ; and in case of any ^^olation thereof to forthwith proceed to clear any ob- structed aisle or passage-way, and to arrest the offender or offenders. 577. Loitering in hallways.] § 13. It shall not be lawful for boys, or other i.crsons, to loiter or stand in any lobby, hallway or outer entrance to any theater, hall or other public building, or on the sidewalk adjacent to and within fifty feet of such entrance, after a request to move on, made by the owner, lessee or manager of the entertainment, or any pohce officer, under a penalty of not less than one dollar nor more than twenty-five dollars for each offense. CHAPTER 11. ANIMALS. 578. Running at large prohibited.] § 1. It shall be unlawful for any animal of the species of horse, ass, mule, cattle, sheep, goat, swine, geese or chickens, at any tim^e, to run or go at large within the corporate limits of this city, and any person, being the owner or keeper, or having control of any such animal, who shall suffer or permit the same to so run or be at large in said city, shall be subject to a penalty of one dollar for each such animal, together with the fees for impounding and the expense of sustenance while impounded, as hereinafter pro\dded. The herding of any such animal upon uninclosed lands without the consent of the owner, or person having control of such lands, shall be deemed a running at large. 579. Police to impound.] § 2. It is hereby made the duty of the chief of ];olicc, the poundkeeper and of the several members of the police force to take up any and all animals found unlawfully at large within the city, and to confine the same in the pound or pounds to be provided for that purpose. 580. Any citizen may impound.] § 3. It shall be lawful for any citizen to take any such animal unlawfully at large within this city, and either drive the same to the city pound, or confine the same in some safe and convenient place, and at once notify the poundkeeper or some police officer, who shall forthwith take charge of such animal. 581. Poundkeeper.] § 4. The chief of poHce shall be ex-officio poundkeeper, and he shall have the care and control of any and all pounds, and the custody of all animals impounded. He shall provide suitable and necessary food and drink for. such animals and shall keep a record book open to the inspection of all persons, to be GENERAL ORDINANCES 195 kept at police headquarters, statinj^ the date of impounding, a de- scription of the animal, the owner's name, if known, the disposi- tion made of the animal, and the amount of moneys received, and the fees and charges. Verified monthly reports shall be made by him to the city council, accompanied by the treasurer's receipt showing payment of the moneys due the city. 582. Redemption — complaint.] § 5. If the owner, or person entitled to possession, shall appear within twenty-four hours, and pay all fees for impounding and expenses of sustenance, the animal im- pounded shall be released. If such is not the case, the poundkeeper shall make complaint in writing to the police magistrate or some justice of the peace, giving a description of the animal, the date of impounding, and the owner's name if known, or if unknown, that fact shall be stated, and setting forth that such animal was found unlawfully at large. 583. Procedure.] § 6. The case shall be docketed in the name of the city against the owner, naming him where the name is known, and where unknown, against the "unknown owner of , " (here insert a general description of the animal). Where the owner is known, summons shall issue and be served as in any civil case. Where the owner is unknown, notice shall be given by posting copies in three public places in the city. Likewise, where the owner is a non-resident of the county, similar notices shall be posted and, in addition, a copy shall be mailed to his postoflfice address, if known, which mailing and posting shall be at least five days before the hearing. 584. Judgment.] § 7. If, at the hearing, it be found such animal was unlawfully at large, the magistrate may enter judgment finding such facts and rendering judgment for the amount of penalty, costs, expenses and charges for impounding and sustenance, and also the costs of suit, and shall order the sale of the animal, and shall issue an order of sale to the poundkeeper in substantially the following form, viz: The People of the State of Illinois to Poundkeeper: We command you that of the following described goods and chattels, to- wit: (Here describe animal), the property of (here insert the name of the owners, if known; if not, then say "some person unknown"), you make the sum of dollars and cents debt, and dollars and cents costs, which the City of Danville lately recovered before me against the said , and hereof make due return in what manner you execute the same. Given under my hand and seal this day of 19 , P. M. (Seal.) Provided, always, that. the animal shall be subject to redem.ption at any time before the sale is actually made. 196 GENERAL ORDINANCES 585. Notice of sale.] § 8. The poundkec])cr shall j^ivc notice of the time and place of sale by postin*; notices, at least five days before-r hand, in three of the most pubHc ])Iaces in the city, which notices may be substantially in the following,' form, viz: POUND NOTICE. Taken up and impounded in the city pound of the City of Danville at (here state the place of pound), the following described animal: , which, unless redeemed, will be sold at public auction, for cash, to the highest bidder, at , at the hour of o'clock M., on the day of , 19 , Poundkeeper. 586. Return of order.] § 9. Within thirty days from its date the poundkeeper shall return to the magistrate such order of sale, together with his indorsement in what manner he has executed the sale, and a statement of the moneys received and disbursed. The surplus, if any, shall be covered into the treasury, to be refunded to the owner on the order of the city council. 587. Officer prohibited from purchasing.] § 10. No officer of the city shall purchase at any such sale, and if any officer shall fail to give the notice above required, he shall, in either case, incur a penalty of not less than ten dollars nor more than one hundred dollars for each offense. 588. Fees for impounding.] § 11. For taking up and im- pounding animals found at large contrary to ordinance, the chief of police, or the keeper of the city pound, shall be allowed to charge and receive the following fees: First — For each horse, mule or ass, seventy-five cents. Second — For each head of cattle, fifty cents. Third — For each sheep, goat, hog or shoat, twenty-five cents. Fourth — For each suckHng pig, five cents. Fifth — For each goose or chicken, five cents. . Sixth — For discharging each animal from the pound without sale, ■except geese, chickens and suckling pigs, twenty cents. 589. Compensation for food, etc.] § 12. And for providing suitable food and drink for the animals so impounded, for each twenty-four hours that the same may be kept or impounded, respec- tively, the fees followmg: First — For each horse, mule or ass, fifty cents. Second — For each head of cattle, forty cents. Third — For each goat, sheep, hog or shoat, fifteen cents. Fourth — For each goose, chicken or suckling pig, five cents. GENERAL ORDINANCES 197 590. Fees for advertising and selling.] § 13. For advertising and selling any impounded animal, to satisfy any judgment against the owner or keeper thereof, the chief of police, or pound-keeper, shall be entitled to receive the same fees as are allowed by the statutes of the State of Illinois to constables for advertising and selling prop- erty under execution. 591. Breaking pound — hindering impounding — penalty.] § 14. Whoever shall break open, or in any manner, directly or indirectly, aid or assist in, or counsel or advise the breaking open of any city pound, or shall take or attempt to take therefrom any impounded animal without the poundkeeper's consent, or whoever shall hinder, delay or obstruct the taking of any animal found unlawfully at large to the pound, or shall attempt to prevent the impounding thereof, in any manner, shall, in either case, be fined not less than five dollars nor more than one hundred dollars. 592. Wrongful taking up — penalty.] § 15. Any person who shall take or drive any animal from any enclosed lot or tract of ground, or from any stable or building, or from outside of the city limits, to any pound in said city, or turn out the same, with the in- tent that such animal may be impounded, shall be fined not less than five dollars nor more than twenty dollars for every animal so taken or driven as aforesaid. 593. Dogs — hydrophobia.] § 16. Whenever danger of hydro- phobia may reasonably be apprehended, the mayor may, by procla- mation, to be published in one or more daily newspapers of this city, require all dogs within the city to be securely muzzled for such time as is designated in the proclamation; and during such time it shall be unlawful for any dog not securely muzzled to be at large. Any dog unlawfully at large, as aforesaid, may be killed by any police officer, and the owner or keeper thereof shall be subject to a penalty of not less than five dollars nor more than one hundred dollars. 594. Vicious dogs.] § 17. Any owner or keeper of a fierce, dangerous or vicious dog, who shall knowingly suffer or permit the same to run at large, to the danger, annoyance or injury of another, shall be fined not less than five dollars nor more than one hundred dollars, and in addition thereto, as a part of the penalty, the court may order the dog to be killed. 595. Bitch — penalty.] § 18. It is hereby declared to be unlawful for any female dog, or bitch, to be or run at large while in heat, under a penalty of not less than five dollars nor more than one hundred dollars, to be assessed, upon conviction, against any owner or keeper who shall knowingly suffer or permit such running at large. 198 GENERAL ORDINANCES 596. Cruelty to animals.] § 19. Whoever shall cruelly or unncccssaril}- beat, abuse or otherwise maltreat any dumb animal; or shall over-load or over-drive any horse, mule or team; or shall fail to provide any dumb animal owned or kept by him with proper and necessary food, drink and shelter; or shall turn out and abandon any old or decrepit animal upon the public streets or commons; or shall in any manner or b}' any means be guilty of any cruelty to any dumb animal, shall be fined not less than five dollars nor more than one hundred dollars. 597. Cock fighting, etc.] § 20. Whoever shall keep or use, or in any way be connected with or interested in the management of, or shall receive money for the admission of any person to any place kept or used for the purpose of fighting any bull, bear, dog, cock or other creature, and every person who shall engage, encourage, aid or assist therein, or who shall permit or suffer an}' place to be so kept or used, and every person who shall visit such place so kept or used, or who shall be found therein, shall be fined not less than three dollars nor more than two hundred dollars. CHAPTER III. BOUNDARIES OF CITY AND WARDS. 598. Territorial limits of city.] Section 1. That the boundaries of the city of Dan\'ille, in \>miiIion County, Illinois, be as follows, to-wit : Beginning at the northwest corner of section 6, township 19 north range 11 west; thence east to the northwest corner of the northeast quarter of the northeast quarter of said section 6; thence north to the north west comer of the southeast quarter of the northeast quarter of section 31, township 20 north, range 11 west; thence east to the northeast comer of the southeast quarter of the northeast quarter of said section 31 ; thence north to the northwest comer of the south- west quarter of the southwest quarter of section 29, township 20 north, range 11 west; thence east to the northeast comer of the southwest quarter of the southwest quarter of said section 29; thence north to the northwest corner of the south half of the northeast quarter of the southwest quarter of said section 29; thence east to the east line of the right of way of the Chicago and Eastern Illinois Railroad Company; thence southeasterly along the east line of said right of way to the north line of section 4, township 19 north, range 1 1 west ; thence east to the northeast corner of said section 4 ; thence south to the northwest corner of the southwest quarter of the north- west quarter of section 3, township 19 north, range 11 west; thence GENERAL ORDINANCES 199 east to the northeast corner of the southeast quarter of the north- west quarter of said section 3; thence south to the southeast corner of the southeast quarter of the northwest quarter of said section 3; thence east to a point one hundred seventy-six feet east of the north- east corner of the northwest quarter of the south west quarter of section 2, township 19 north, range 11 west; thence south to a point on the south Hne of Baumgart's First Addition to Oaklawn extended east; thence west on said Hne to the southwest corner of said Baum- gart's Addition; thence north to the north Hne of section 10, town- ship 19 north, range 11 west; thence west to a point eighty-eight (88) rods and twenty-four and one-half (24|) Hnks west of the north- east corner of the northwest quarter of the northeast quarter of said section 10; thence south along the west line of -the National Home for Disabled Volunteer Soldiers to the south line of the north half of the north half of said section 10; thence west to the northwest corner of the east half of the southeast quarter of the northwest quarter of said section 10 ; thence south along the west line of the east half of the east half of the west half of said section 10 to the center of the public road that runs in a southeasterly direction across the northeast quarter of the southwest quarter of said section 10; thence south- easterly along the center of said road to the north line of the said south half of the southwest quarter of said section 10; thence east to the northeast corner of the southeast quarter of the southwest quarter of said section 10; thence south to the southeast corner of the southeast quarter of the southwest quarter of said section 10; thence west to the southwest corner of said section 10; thence south to the . center of the public road (commonly known as the Perrysville Road) running east and west through the northeast quarter of the southeast quarter of section 16, township 19 north, range 11 west; thence west along the center of the public road and on a line with the center of said pubHc road extended west, to the center of the Big Vermilion river; thence northwesterly up the center of said river to the west line of the right of way of the Wabash Railroad Company ; thence southwesterly along the west Hne of said right of way to the west Hne of the main street in vSouth Danville (said street having been Main Street of the former village of South Danville;) thence west to the east Hne of the old right of way of the Chicago, Vincennes & Cairo Railway Company (commonly known as The Cairo Division of the Cleveland, Cincinnati, Chicago & St. Louis Railway Company); thence northerly along the east line of said right of way to the center pi the Salt Fork of the Big Vermilion river; thence northwesterly up the center of said Salt Fork of said river to the west Hne of section 7, township 19 north, range 11 west; thence north along the west Hne of said section 7 and west line of section 6, township 19 north, range 11 west, to the place of beginning at the northwest corner of said section 6; excluding thereform the following described territory to-wit: Beginning at the southwest corner of Aldredge's Second 200 GENERAL ORDINANCES Addition to Vennilion Heights; thence west to the east line of the Cairo Division of the C. C. C. & St. L. Railway; thence southwesterly alonj; the east line of said Cairo Division to the center of the Salt Fork of the Vermilion river; thence northeasterly down the center line of said Salt Fork of the said Vermilion river to its intersection with the North Fork river; thence along the center line of said North Fork river northwesterly to a point twelve hundred and sixty-seven Hnks west of the east line of section 7, township 19 north, range 11 west; thence north to the half section Hne running east and west through said section 7 ; thence west along said half section line to the southwest corner of Ellsworth Park, thence northeasterly along said park Hne to the place of beginning. 599. Division into wards.] § 2. That the City of Danville be di\nded into sc\'en wru-ds, numbered and bounded as follows, to-wit: First Ward: Beginning at the intersection of the center line of Main street with the center line of Bowman avenue; thence south along the center line of Bowman avenue and Bowman avenue ex- tended south to the center of the Big Vennilion river; thence up the center of the Big Vennilion river to the intersection of the center line of Walnut street extended south ; thence north along the center line of Walnut street extended south, and Walnut street, to the center line of Main street; thence east and northeasterh- along the center line of Main street to the place of beginning. Second Ward : Beginning at the intersection of the center line of Walnut street with the center line of Madison street; thence south along the center line of Walnut street, and Walnut street extended south, to the center of the Big Vermilion river; thence down the center of the Big Vermilion river to the west line of the right of way of the Wabash Railroad Company; thence southwesterly along the west line of said right of way to the west line of the main street in South Danville (said street having been Main street of the former village of South Danville) ; thence west to the east line of the old right of way of the Chicago, Vincennes & Cairo railway company (com- monly known as the Cairo division of the Cleveland, Cincinnati, Chicago & St. Louis Railway Company) ; thence northerly along the east line of said right of way to the center of the Salt Fork of the Big Vermilion river; thence northwesterly up the center of said Salt Fork of said river to the west line of section 7, township 19 north, range 11 west; thence north along the west line of said section 7 to the center line of the public highway running along the north side of the right of way of the Peoria and Eastern Railway (now leased by the Cleveland, Cincinnati, Chicago & St. Louis Railway Company) ; thence east along the center line of said highway to where said high- wa}^ turns south across said railway; thence south along the center line of said highway to the center line of Oakwood avenue (in what is GENERAL ORDINANCES 201 commonly known as Vermilion Heights) ; thence east along the center line of said Oakwood avenue to where the center line of Oak- wood avenue intersects with the center line of Bridge street extended southwesterly; thence northeasterly along the center line of said Bridge street to where the center line of Bridge street extended northeasterly intersects with the center line of Chandler street ex- tended south; thence north along the center line of Chandler street extended south to the center line of Madison street; thence east along the center line of Madison street to the place of beginning; excluding therefrom the following described territory, to-wit: Be- ginning at the southwest corner of Aldredge's Second Addition to Vermilion Heights; thence west to the east line of the Cairo divi- sion of the C. C. C. & St. L. Railway; thence southwesterly along the east line of said Cairo division to the center of the Salt Fork of the Vermihon river ; thence northeasterly down the center line of said Salt Fork of the said Vermilion river to its intersection with the North Fork river; thence along the center of said North Fork river northwesterly to a point 1267 links west of the east line of section 7, township 19 north, range 11 west; thence north to the half section line running east and west through said section 7 ; thence west along said half section line to the southwest corner of Ellsworth Park; thence northeasterly along said park line to the place of beginning. Third Ward: Beginning at the intersection of the center line of Main street with the center line of Walnut street; thence east and northeasterly along the center line of Main street to a point directly south of the center line of Griffin street; thence north along the center line of Griffin street to the center line of Seminary street; thence west along the center line of Seminary street to the center line of Walnut street; thence south along the center line of Walnut street to the place of beginning. Fourth Ward: Beginning at the intersection of the center line of Seminary street with the center line of Walnut street; thence east along the center line of Seminary street to the center line of Griffin street ; thence north along the center line of Griffin street to the cen- ter line of Voorhees street extended east; thence west along the cen- ter line of Voorhees street extended east to the center line of Section . street extended north; thence south along the center line of Section street extended north to the center of Stony creek; thence down the center of said Stony creek to the center line of Fairchild street ; thence west along the center line of Fairchild street to the center line of Washington avenue extended north; thence south along the center line of Washingtoii avenue extended north to the center line of Woodbury street extended east ; thence west along the center line of Woodbury street extended east to the center line of Walnut street; thence south along the center line of Walnut street to the; ulace of beginning. 202 GENERAL ORDINANCES Fifth Ward: Bcjijinning at the intersection of the center line of Griffin sUvcl with the north hne of the south half of the northwest quarter of section 3, tow^nship 19 north, range 11 west; thence east along the north line of the south half of the northwest quarter of said section 3 to the northeast comer of the southeast quarter of the northwest quarter of said section 3; thence south to the southeast comer of the southeast quarter of the northwest quarter of said section 3; thence east to a point 176 feet east of the northeast comer of the northwest quarter of the southwest quarter of section 2, township 19 north, range 11 west; thence south to a point on the south line of Baumgart's First Addition to Oaklawn extended east; thence west on said line to the southwest corner of said Baumgart's addition; thence north to the north line of section 10, township 19 north, range 11 west; thence west to a point eighty-eight rods and twenty-four and one-half links west of the northeast corner of the northwest quarter of the northeast quarter of said section 10; thence south along the west line of the Soldiers' Home to the south line of the north half of the north half of said section 10; thence west to the northwest corner of the east half of the southeast quarter of the northwest quarter of said section 10; thence south along the west line of the east half of the east half of the west half of said section 10 to the center of the public road that runs in a southeasterly direction across the northeast quarter of the southwest quarter of said section 10; thence southeasterly along the center of said road to the north line of the south half of the southwest quarter of said section 10; thence east to the northeast comer of the southeast quarter of the southwest quarter of said section 10; thence south to the southeast comer of the southeast quarter of the southwest quarter of said section 10; thence west to the southwest corner of the said section 10' thence south to the center of the public road (cominonly known as ~the Perrysville road) running east and west through the north east quarter of the southeast quarter of section 16, township 19 north, range 11 west; thence west along the center of said public road and on a line with the center of said public road extended west, to the center of the Big Vermilion river; thence northwesterly up the center of said river to the center line of Bowman avenue extended south; thence north along the center line of Bowman avenue extended south to the center line of Main street ; thence northeasterly along the center line of Main street to a point directly south of the center line of Griffin street ; thence north along the center line of Griffin street to the place of beginning. Sixth Ward: Beginning at the intersection of the west line of section 7, townshi]j 19 north, range 11 west, with the center line of the public highway rLtnning along the ^orth side of the right of way of the Peoria & Eastern Railwa}' (now leased by the Cleveland, Cincinnati, Chicago & St. Louis Railway Compan}-) ; thence east GENERAL ORDINANCES 203 along the center line of said highway to where said highway turns south across said railway; thence south along the center line of said highway to the center line of Oakwood avenue (in what is commonly known as Vermilion Heights) ; thence east along the center line of said Oakwood avenue to where the center line of Oakwood avenue intersects with the center line of Bridge street extended southwesterly; thence northeasterly along the center line of said Bridge street to where the center line of Bridge street extended northeasterly inter- sects with the center line of Chandler street extended south; thence north along the center line of Chandler street extended south to the center line of Madison street; thence east along the center line of Madison street to the center line of Walnut street; thence north along the center line of Walnut street to the center line of Wood- bury street; thence west along the center line of Woodbury street to the center line of Logan avenue ; thence northerly along the center line of Logan avenue to the center line of Fairchild street extended west; thence west along the center line of Fairchild street extended west to the west line of section 6, township 19 north, range 11 west; thence south along the west line of section 6 and the west line of section 7, township 19 north, range 11 west to the place of beginning. Seventh Ward: Beginning at the northwest corner of section 6, township 19 north, range 11 west; thence east to the northwest cor- ner .of the northeast quarter of the northeast quarter of said section 6; thence north to the northwest corner of the southeast quarter of the northeast quarter of section 31, township 20 north, range 11 west; thence east to the northeast corner of the southeast quarter of the northeast quarter of said section 31; thence north to the northwest corner of the southwest quarter of the southwest quarter of section 29, township 20 north, range 11 west; thence east to the northeast corner of the southwest quarter of the southwest quarter of said section 29; thence north to the northwest comer of the south half of the northeast quarter of the southwest quarter of said section 29; thence east to the east line of the right of way of the Chicago & Eastern Illinois Railroad Company; thence southeasterly along the east line of said right of way to the center line of Voorhees street extended east; thence west along the center line of Voorhees street extended east to the center line of Section street extended north; thence south along the center line of Section street extended north to the center of Stony creek; thence southwesterly down said Stony creek to the center line of Fairchild street; thence west along the center Inie of Fairchild street to the center line of Washington, avenue extended north; thence south along the center line of Washington avenue extended north to the center line of Woodbury street ex- tended cast; thence west along the center line of Woodbury street extended east to the center line of Logan avenue; thence northerly along the center line of Logan Avenue to the center line of Fairchild 204 GENERAL ORDINANCES street extended west; thetice west along the center line of Fairchild street extended west to the west line of section 6, township 19 north, range 11 west; thence north along the west line of said Section 6 to the place of beginning. CHAPTER IV. BUILDINGS. 600. Requirements — penalty.] §1. The thickness, strength and inanner of constructing stone, brick and other buildings shall be as hereinafter set forth; and it is hereby declared to be unlawful to erect any such building not in substantial compliance herewith, or which falls short of the standards, or of any one or more of them, herein fixed; and likewise it is declared to be unlawful to maintain any building hereafter erected which violates said provisions, or any one or more of them, and any owner, agent, architect, contractor, sub-contractor, workman or any other person who shall erect, or after such erection, shall maintain, or who shall in any way contri- bute to such unlawful erection or maintenance of any building contrary to such requirements, or who shall violate any of the terms of this ordinance, shall be fined not less than ten dollars nor more than two hundred dollars, and shall be subject to a like penalty for each day such building is maintained after conviction; and any such person who shall fail to procure a permit as hereinafter required before commencing the construction or alteration of any building shall be fined not less than ten dollars nor more than one hundred dollars for each offense. FOrXDATIONS. 601. How built — piers — columns.] § 2. All fotmdation walls, piers, and footings shall extend at least two (2) feet below the finished grade, if upon unfilled ground, and shall be of the thicknesses, mater- ials, and workmanship hereinafter specified as to basement walls, and below the surface of the ground shall be laid in cement mortar. No foundation wall shall be built on filled ground without carrying the footings down to the solid earth, except for frame buildings not over two stories in height. In the case of isolated brick piers, the proportion of the least side or diameter to the height shall not exceed 1 to 8, without being anchored, stayed or tied by beams or girders in at least two directions at right angles to each other. All brick piers and buttresses shall be bonded with through courses, leveled and bedded in each course. Wooden coluinns, having more than thirty- six (36) square inches cross sectional area, shall be set on suitable iron or steel bearing plates with firm anchorage to same. GENERAL ORDINANCES 205 WALLS. 602. Materials and workmanship.] § 3. All walls, including foundations built of stone, brick or other similar material, shall be built to a line, and carried up plumb and straight, and shall be laid in lime or cement mortar, and shall be properly bonded and solidly put together with close joints. Every sixth course shall be headers, and all walls shall be securely anchored at distances, jiot exceeding eight feet, to the timbers, and joists resting upon them. Where brick are used, they shall be hard and well burned, and no swelled, refused, soft or salmon brick shall be used. Where walls are faced with brick in running bond, every sixth course shall be bonded into the backing by cutting the course of face brick and putting clipped headers behind the same, or by splitting the face brick in half and backing the same with a continuous course of headers, or every ■ alternate brick in every fourth course shall be tied in with a heavy copper or galvanized iron wall tie approved by the city building inspector. If laid in non-freezing weather, the brick shall be well wet immediately before being laid. In the construction no side wall shall be carried up in advance of the rear wall. All walls shall be securely braced during the process of erection. As soon as the wall reaches the grade of the street or lot, the space on the outside shall be filled up in a substantial manner, and the paving, if any has been disturbed, shall be replaced — the space being first thor- oughly grouted. 603. Thickness.] § 4. All walls for business buildings of brick or stone, shall be of a thickness, in inches, not less than is designated by the following table, viz: 206 GENERAL ORDINANCES BUSINESS BUILDINGS. CQ I :^ u o u O ■i-> CO o CO Inclosing Walls. One-stor>' building Two-story building Three-story building. . : Four-story building Five-story building Six-story building Seven-story building Division or Party Walls. For two-story building For three-story building For four-story building Five-story building Six-story building Seven-story building Front and Rear Walls, if Not Used for Bearing. Four-story building Five-story building Six-story building . . . Seven-story building 12 16 24 28 12 12 16 16 20 16 24 20 24 20 28 28 Cross-Partition Walls. One-story building • 12 Two-story building 16 Three-story building ; 16 Four-story building I 20 Five-story building 20 Six-story building 24 Seven-story building 24 20 : 16 24 20 20 24 20 16 20 ! 20 24 20 24 20 12 12 16 16 20 20 12 12 16 20 20 24 20 12 12 16 16 20 20 12 12 16 16 20 12 12 16 20 12 12 16 16 20 12 12 16 20 12 16 16 12 12 16 16 12 12 16 16 12 12 16 12 12 16 16 12 12 16 12 12 12 12 12 12 16 12 12 GENERAL ORDINANCES 207 All walls for dwelling houses, or for dwelling and business purposes combined, shall be of a thickness, in inches, not less than is designated l3y the following table, viz: DWELLINGS. Inclosing Walls. One-story building One-story and basement Two-story building Three-story building Over three stories Division Walls. Two-story building. . Three-story building. Over three stories . . . Combination Dwelling and Business — Inclosing. Two story building Three story building Four stories and over 12 12 8 16 12 12 16 16 12 12 12 8 12 12 12 16 16 12 12 12 8 16 12 12 20 16 12 Division Walls. Two-story building Three-story building Pour stories and over 12 12 12 604. Increase or decrease of thickness.] § 5. If the walls aforesaid shall be required to support trusses or heavy girders they shall be reenforced under the bearing of the truss or girder with pilasters having a cross sectional area sufficiently large so that the masonry will not be subjected to a greater compressive stress than twelve (12) tons per square foot up to a height of wall of fifteen (15) feet, and eight (8) tons per square foot if the height of wall is over fifteen (15) feet. In all calculations for the thickness of walls, accord- ing to the given tables, the height of the stories shall not be taken as exceeding eighteen feet in the clear for the first story, and fourteen (14) feet in the clear for the second story, and thirteen (13) feet in 208 GENERAL ORDINANCES the clear for all stories above, except for the top story where the roof of the building forms the ceiling of this story, the walls may be sixteen (16) feet high in the clear. Should any story exceed the heights here given, such story must be considered as two (2) or more stories in height. Two story single residences, having a ground floor area of not over one thousand (1,000) square feet, having flat roofs, may have eight (8) inch outside masonry, walls on a twelve (12) inch thick foundation wall up to the first floor level, provided, however, that said outside walls do not exceed fifty (50) feet in length. One story buildings, having no one wall more than twelve (12) feet high, above the grade, nor more than twenty-five (25) feet long, may have walls of brick, concrete, or hollow terra cotta building blocks, eight (8) inches in thickness, but all such walls must have twelve (12) inch thick foundations up to the first floor level, and should these buildings have sloping roofs falling more than three (3) inches in one foot, the eight (8) inch walls must have piers or buttresses. 605. Veneered buildings.] § 6. All buildings hereafter con- structed, which shall be veneered with brick or other material, shall have a foundation not less than twelve inches in thickness in the case of buildings not more than two stories high, and not less than sixteen inches in thickness in the case of buildings more than two stories high, and no building to be used for any purpose shall have a founda- tion less than eight inches in thickness in the case of buildings less than two stories high, nor less than twelve inches in thickness in the case of buildings more than two stories high. 606. Stone facing.] § 7. Stone used for the facing of any build- ing, and known as Ashlar, shall not be less than four (4) inches thick. Stone ashlar shall be well anchored to the backing, and the backing shall be of such thickness as to make the walls independent of the ashlar, conforai in thickness with the requirements of this ordinance. Should the ashlar be not less than eight (8) inches thick and bonded into the backing, it may be counted as part of the thickness of the wall. 607. Openings.] § 8. If an opening is hereafter cut, or is hereafter constructed in a party or division wall, the top, bottom and sides shall be of stone, brick or iron, and such opening shall be fitted with two doors or sets of doors, of wrought-iron or metal covered, which shall be kept closed at night; such openings shall not exceed in size eight by ten feet. 608. Fire Walls.] § 9. If the building is of brick or stone and has a flat roof, the side walls shall extend at least two (2) feet above the roof, not less in thickness than the wall in the last story, and shall have a coping of incombustible materials, and the division walls shall be carried up flush with the upper edge of the roof joists and the GENERAL ORDINANCES 209 sheathing boards shall be bedded in mortar. Where the roof is not flat, the walls and division walls shall be carried up flush with the upper edge of the rafters, and the sheathing boards shall be bedded in mortar. 609. Hollow walls.] § 10. Where the wall is not used as a bearing wall, it may be hollow, but in such case it shall be bonded or tied together with incombustible anchors at distances not exceeding three feet apart. 610. Projections.] § 11. No part of the face of the wall of the building, nor any pilaster or column, shall project beyond the building line, above the water table, unless it be merely the part of a window or portico or window dressing. 611. Recesses.] § 12. No continuous vertical recess chase or any flue shall be constnicted in any wall so as to leave the thickness back of the same less than eight inches, nor shall the same be nearer together than seven feet. 612. Division walls.] § 13. All non-fireproof buildings, of what- ever materials constructed, shall have a brick, concrete, or stone division wall, at least for every fifty feet of their width, which wall shall extend through the entire length of the building and from the bottom to the top as specified under "Fire Walls." And Hkewise the stairways in all flat, tenement, or lodging house buildings, over two (2) stories in height, shall be enclosed in walls of brick, concrete, stone, or other recognized fireproof materials ROOFS. 613. Mansard.] § 14. , All mansard or other roofs on a brick or stone building, having a greater inclination than sixty-five (65) degrees, shall be rendered fire-resisting by placing a fireproof coating, one (1) inch thick, on top of the sheathing, under the incombustible weather covering of such roof. Wood strips one (1) sc(uare inch, or less in cross sectional area, may be used to receive the fastenings of the slate, tile, or metallic roofing. 614. Fire-proof — cornices.] § 15. Where the building is located in the fire limits the roof shall be constructed of slate, tile, tin or of other metallic substance, or of any incombustible material, in- cluding what is known as composition roofing covered with gravel; and all cornices, gutters and eaves shall be made of incombustible materials. Such cornices, if metal, shall be supported by iron brackets, firmly imbedded in the wall. Cornices constructed of stone and all projecting courses of stone must have sufficient bearing on the wall to bring the center of gravity at least two inches on the wall. 210 GENERAL ORDINANCES 615. Bracing.] § 16. All roofs shall be secured braced with braces, tics and cross-ties, so as to secure strength in resisting storms and so as to prevent immediate collapse in case of fire. 616. Scuttle-holes.] § 17. All fiat roofs shall be so constructed as to be readied by a scuttle, at least twenty by thirty inches in size, and which shall ha\'c a stationary ladder or stairway attached thereto. 617. Sky-lights.] § 18. All sky-lights exceeding fifty superficial feet, if set in wood, shall be entirely enveloped in galvanized iron. MISCELLANEOUS. 618. Chimneys.] § 19. All chimneys shall rest upon the ground, on solid foundations, and shall have walls not less than eight (8) inches thick, but this may be reduced to four (4) inches if the chimney is lined with fire clay flue lining from a point two (2) feet below the smoke inlet. If, however, the cross sectional area of the flue exceeds one hundred fifty (150) square inches, the walls must be at least eight (8) inches thick. Chimneys subject to excessive heat from steam boilers, smelting furnaces, etc., shall be lined with fire brick laid in fire clay for not less than twenty-five (25) feet in height measuring from the bottom of the breeching opening. Walls of chimneys, carr\nng flues from smelting furnaces and high pressure steam boilers and other apparatus of high temperature, shall be built double, with an air space between. The thickness of all chimney walls shall be sufficient to meet all of the requirements of temperature, direct load- ing, and wind pressure. No chimney shall be constructed with a smoke flue having less than sixty-four (64) square inches as the area of its minimum cross-section. Flues for gas stoves and gas grates may be twenty-eight (28) square inches as the area of minimum cross-section. Sheet metal smoke flues, enclosed in vent flues, are prohibited. The use of metal pipes, whether single or double, as chimney flues, are prohibited. No chimney shall be less than four (4) feet above the parapet walls on flat roofs, nor less than three feet above ridges of pitch roofs. No chimneys connected to iron cupolas of foundries, or of similar service, shall extend less than fl.fteen (15) feet above the highest point of any roof within a radius of one hun- dred (100) feet. Chimneys shall be finished on top with blocks of stone, terra cotta, or concrete, or with cast iron plates, except that for dwellings and stables not more than three (3) stories high, they may be topped out with brick masonr3^ carefully bonded together and having the six (6) top courses laid in cement mortar. No brick chimney, except in one story cottages, shall be built on a wooden support. Piers, carrying chimneys, shall be as large on all sides as the chimney, from the foundation of the pier to the bottom of the chim- ney. If the sides of a chimney are increased above its footing, the overhanging part shall be substantially supported on beams, struts GENERAL ORDINAXCEo 211 or arches made of iron, steel or masonry. A chimney may be par- tially supported by a masonry corbel shelf on the side of a wall, but the corbel shall be twice as high as the projection. 619. Floor beams — clear of flue.] § 20. All floor beams, joists and headers shall be kept at least four inches clear of any wall inclos- ing a fire flue, and such flue shall be covered with a heavy coat of plaster before any wood- work is placed against it. 620. Hearths and fire-places.] § 21. All hearths shall rest on trimmer arches — the. header to be kept at least eighteen inches from the chimney. The back of every fire-place shall be at least eight inches t-hick. HEATING. 621. Hot-air furnaces.] § 22. All hot-air furnaces, either portable or brick-set, shall be kept at least eight inches from the joist. Portable cased furnaces shall have the top concaved at least three inches deep and top filled with sand; brick-set shall have two layers of brick over top of furnace, laid and bedded in mortar. The joist over top of furnace shall be covered with corrugated iron or other metal, and all smoke-pipes within twenty inches of the joist shall be protected with corrugated iron or other metal. All furnaces shall be placed on foundations of brick, stone or cement. All risers or stacks placed between partitions shall be made double, with one- fourth-inch air space between the two thicknesses of tin. All base- ment hot-air pipes and register boxes shall be made of I C or I X bright tin, wrapped with one layer of asbestos paper. All hot-air registers set in first floor shall be set in incombustible borders, or if border is left off, the opening shall be lined with two layers of as- bestos paper and one layer of tin. All first floor side wall registers shall be set in double register boxes, connected with double boots. 622. Steam pipes.] § 23. Steam pipes shall be kept at least one quarter of an inch from all woodwork. No pipes shall be laid into the joists or beams of any floor to a greater depth than two inches and not more than two feet from the ends of the joists or beams. 623. Boiler rooms.] § 24. The VN^ood-'.vork of all boiler houses and boiler rooms shall be kept at least six feet from the boiler and tour feet from the breeching or smoke conductor and oi^e foot from the dome of the boiler, unless '^uch wood work i-; properly protected with incombustible material, and then there shall be at least two feet space from the boiler or smoke-pipe and the protection. No brick oven, coffee roaster or any like structure to contain fire shall be erected or permitted on a wooden floor of any building. The floors of all rooms, when containing stationary boilers, shall be made of' incombustible materials, five feet on all sides and at least eight feet in front of any boiler. 212 GENERAL OKUINAMKS FLOORS, ETC. 624. Floors.] § 25. All floors shall be constructed to bear a safe weight i^cr superficial foot, exclusive of material, as follows: For dwellings, tenement or lodging houses, eighty pounds; for buildings intended for light mechanical purposes and public buildings, one hundred and fifty pounds; for storehouses, warehouses, machine shops, armories, drill roooms and other similar buildings, two hundred and fifty pounds. These requirements shall apply to all alterations as well as new buildings. In buildings of three stories or more in height the floors shall have one inch of mortar, or its equivalent, im- mediately- below the surface. 625". Joists.] § 26. Where joists enter a brick wall they shall be so cut as not to disturb the brick-work by any deflection or breaking, and where placed in a party or division wall there shall be at least four inches of solid brick-work between the ends. Joists shall be of proper dimensions to sustain the load to be placed on the floor, and shall be bridged with cross-bridging. Headers in floor- framing in business buildings, placed more than two feet from the end of a trimmer, shall be supported by an iron stirrup. 626. Partitions.] § 27. In brick . or stone buildings plank or board partitions shall not aggregate on any one floor more than one hundred and fifty superficial feet, measuring on one side. In tenement buildings they shall be made of scantling, lathed and plas- tered on both sides, and shall be filled with brick-work at least eight inches above the floor. 627. Bracing of walls.] — frame buildings § 28. All walls in frame buildings, both exterior and partition, shall be securely braced, and shall be bridged at least once in every nine feet of their height with material two inches thick, of the same width as the studding, so as to prevent forming a draft or flue in case of fire. 628. Stand pipes.] § 29. All building, over three stories in height, shall have a three-inch wrought iron stand pipe, located at some convenient place, connected with the water mains, with coupl- ings on each floor, and two and one-half inch hose attached on each coupling for immediate use. FIRE ESCAPES. 629. Number and location.] § 30. All buildings now ex- isting, and such as may be hereafter built, more than two stories in height, used for manufacturing purposes, for hotels, dormitories, schools, seminaries, hospitals or asylums, shall have at least one fire escape for every fifty persons for which working, sleeping or living accommodations are provided above the second stories GENERAL ORDINANCES 213 of such building; and all buildings three or more stories in height, excepting such as are used for private dwellings exclusively, but including flats and apartment buildings and all theaters and public halls which provide seating room above the first floor, shall be pro- \'ided with at least one fire escape for every story above the first. Such fire escape shall consist of metallic ladders or stairs, and shall be attached to the outer walls, and extending from or suitably near the ground to the uppermost story, and above the roof, and have platfomis of such form and dimensions and in such proximity to one or more windows of each story above the first as to render access easy and safe. 630. - Hoistway openings.] § 31. All openings in floors used as hoistways, without elevators, shall have trap-doors, covered with metal on the under side, and while open shall be guarded with a sufficient fence or gate to protect persons from falling therein. 631. Elevators.] § 32. All elevators, in fireproof buildings used for carrying passengers, shall have elevator shafts surrounded by vertical enclosures, to be made flush with the floor opening at each story and have doors at every shaft opening. This enclosure, which may be in the nature of a grille, must be of fireproof materials and must be continuous from floor to ceiling on the open side of the car. From the top floor, a height of seven (7) feet six (6) inches will be sufficient for such enclosure. On every other side of the car the enclosure shall not be less than six (6) feet six (6) inches in height. In all other buildings the shaft enclosure must be a solid wall and continuous from floor to ceiling on every side and must be made of a fireproof material, not less than four (4) inches thick, or of a steel fraine and wire glass, or both in combination. Doors must be solid and sliding. In all cases shaft walls must extend above the roof of the building at least three (3) feet, and the elevator pent house, in- cluding the roof, must be made of fireproof materials, and the pent house must be well lighted. All freight elevator shafts in a:ll build- ings shall be protected and enclosed on all floors by a substantial framework not less than six (6) feet in height. Should the freight elevator shaft extend through more than two stories, it shall have the shaft enclosure made of fireproof materials not less than four (4) inches thick, and have standard fire doors: Provided, however, that in the case of buildings devoted exclusively to the sale, storage, or manufacture of merchandise, freight elevators, extending through not more than two (2) stories, may be built without solid enclosing walls. 632. Space under sidewalks.] § ?>?). Any person desirous of utilizing the space under the sidewalks in front of any building owned by him shall construct a sufficient stone or hard-burnt brick wall to retain the roadwav of the street, and shall extend the side- 214 GENERAL ORDINANCES walks, division and party walls of such building under the sidewalk to such curb wall; the sidewalk in all such cases shall be incombusti- ble material entire, supported by walls or iron beams and columns; opcninji[s in such walls for the admission of coal or light shall be covered with prismatic lights in iron frames, or with iron covers having a rough surface, and in no case will a smooth surface be per- mitted on any such cover. In all cases where the sidewalks are to be thus use(t a permit shall be first obtained from the superintendent of buildings; such permit shall specify the details of such construction, and shall Ijc a])])roved by the superintendent of buildings. 633. Use of street while building is under construction.] § 34. The occupation of any street or sidewalk during the progress of building, alteration or repairs is hereby restricted as follows: To a si^ace immediately in front of the premises, covering the nearest sidewalk and not more than one-third of the roadway, if without the fire limits; if within the fire limits, the nearest sidewalk and no more, or one-third of the street, measuring from the nearest curb, as pre- ferred by the petitioner. If the sidewalk be not used, tlie superin- tendent of buildings shall require the walk to be substantially and securely covered while work is going on, and no gutter shall be so obstructed as to hinder the free flow of water therein. Before any sidewalk or street shall be so used a permit must be obtained from the superintendent of buildings, and if the portion so sought to be used shall lie within the fire limits, no such pennit shall be valid until approved by the city council, and the person to whom issued shall have filed with the city clerk his bond, with at least one good and sufficient surety, conditioned for the faithful compliance with the terms of said permit and with all the ordinances of the city; that the applicant will pay all damages to an}^ property or person injured by the act or neglect of the applicant and of his agents, employes and representati\'es in such use of such sidewalk and street; and that he will yield up without delay such sidewalks and streets in the like good condition in which they were taken. If practicable, a sidewalk or passageway not less than four feet wide shall be maintained at all times while such pennit is in force. 634. Plumbing.] § 35. All plumbing, sewers and house drains shall conform to the requirements of the plumbing ordinances of this city. 635. Veneered buildings.] § 36. What is known as a veneer- ed building may be erected outside the fire limits, for use only for residence purposes. FIRE-PROOF BUILDING,-.. 636. Fire-proof buildings.] § 37. AH buildings with a heigh; from the level of the sidc'valk to the iiighcst point on the ^oof of GENERAL ORDINANCES » 215 eighty feet, and all theaters and public halls with a seating capacity of thirteen hundred or more, and all hotels, lodging and tenement houses, four stories or more in height, shall be built fire-proof— that is to say, shall be constructed with walls of brick, stone, iron or other hard, incombustible materials, in which timber lintels or other bond timbers sliall not be placed, and in wliich the floors and roofs shall be of materials simila.- to the wallb. The stairs and stair-case. landings shall be built entirely of brick, stone, iron or other hard, incombustible materials. No wood- work or other inflammable materials shall be used in any of the partitions, furrings or ceihngs in any such fire- proof buildings, excepting, however, that the doors and window- frames, chc trims, casin_gs, the interior finish and the floor-boards and the sleepers directly thereunder may be of wood, in the case of fire-proof skeleton construction, where curtain walls are employed, the thicknes.^ of the walls may be reduced from the thicknesses given in the tables of thickness of walls. The columns and girders, how- ever, supporting the curtain walls, must be of sufficient strength for this purpose, without reliance upon the wall below. THEATERS, ETC. 637. Theaters, etc.] § 38. Every theater, opera house, church, Jiall or building intended as a place for public assemblages, here- after built, shall conform to the following requirements: The floor shall be laid on a coat of mortar not less than one inch thick. No stairway .shall rise more than ten feet without a platform, and no winders, wheeling or circular steps shall be used. The width of the stairway shall be not less than five feet, and there shall be on each side a strong hand-rail. There shall be at least two separate exits. The exits from all galleries shall be independent of the exit from the main room. In all such buildings, except churches, the word "exit" shall be posted conspicuously over every avenue of egress. The proscenium wall shall be of brick, and not less than six- teen inches thick and shall extend to the roof. The curtain opening shall be fi'tted with an asbestos curtain. The stage shall be entirely shut off from the auditorium. There shall be placed over the stage a ventilator so arranged as to automatically open in case of fire. In theaters and 0|3era houses 'the partition walls shall be made fire- proof, and where intended to accommodate one thousand or more people the main floor shall not be over sixteen feet above the level of the street; and such theaters and opera houses shall have at least two standpipes attached to the water mains — one to be placed on the stage and one in the auditorium, to which hose shall be con- stantly kept attached, in good order and condition, and of sufficient length to reach all parts of the building. Where the building has a seating capacity of over one thousand, there shall be a fire-alarm system maintained, connecting with the city fire departments, and 216 GENERAL ORDINANCES dtirir<>; all entertainments a fireman shall be kept on duty : Provided, also, that every theater, 0]:;era house, ehurch, hall or building in- tended as a plaee for publie assemblages, already built, shall, within thirty days after this date, be ehanged so as to conform to the re- f.iuiremcnts aforesaid, exeept that it shall not be required to rebuild the floors, proscenium wall, partitions or stairs. REPAIRS AND ADDITIONS. 638. Conditions of making.] § 39. Outside of the fire Hmits, any existing building may be repaired without a pennit, provided the rcjjair or addition to be made will not increase the height or the area of the building, or change the heating appliances, the plumb- ing, the outside walls, chimneys, or the roof; and in all cases of buildings outside of the fire limits where the height or area of the building, the heating appliances, the plumbing, the outside walls, chimneys, or the roof, or any of them, are affected, a permit must be obtained, and such repairs and additions must conform in charac- ter to the requirements as to new buildings; and where any building is located within the fire limits, no rej^airs or alterations whatever shall be made without a permit. 639. Use of party wall.] § 40. Any party wall now existing that shall have been built confomiably to the requirements of the ordinance regulating the construction of such walls, and in force at the time of such construction, if sound and in good condition, may be used in the construction of an adjoining building: Provided, however, that no brick-work shall be placed on such wall to give additional height to the wall unless the thickness of the old wall in each story shall at least equal the thickness required for division walls. This shall apply in all cases where it is desired to give ad- ditional height to any business building. In case of outside walls of any business building being built against the walls of any old build- ing (not being a party wall), the new wall shall be of the same thick- ness required for outside walls in such building. 640. Increasing height.] § 41. Whenever it is sought to in- crease the height of any building beyond the height for which the original permit was granted, the thickness of the walls thereof shall also be increased in accordance with the above table, but no addi- tional height shall be added until a permit is granted for the same. FIRE LIMITS. 641. Defined.] § 42. The fire Hmits of this city shall embrace the following described territory, viz: Beginning at the point of the intersection of the center line of College street and the center line of vSouth street; thence west along the center line of South street, and South street extended west, to the GENERAL ORDINANCES 217 center of the Vermilion ri\-er; thence up the stream of said river, along the center line of said river, to its intersection with the center line of Gilbert street extended south; thence north along the center line of Gilbert street extended south, and Gilbert street, to the center line of North street; thence east along the center line of North street to a point. directly south of the center line of Payne avenue; thence north along the center line of Payne avenue to the center line of Harrison street; thence east along the center line of Harrison street to its intersection with the center line of Franklin street; thence north along the center Hne of Franklin street to its intersection with the c-enter line of Madison street; thence east along the center line of Madison street to its intersection with the center line of Hazel street; thence sovith along the center line of Hazel street 1^o the center line of the east and west alley between Harrison street and North street ; thence east along the center line of said alley to the center line of Washington avenue; tlience north along the center line of Wash- ington avenue to the center line of Harrison street ; thence east along the center line of Harrison ssreet to the center line of the right of way of the Wabash Railroad Company; thence south westerly along the center line of said right of way to the center line of North street; thence east along the center line of North street to the center line of the north and south alley between the Wal^ash railroad com- pany's right of way. and Hayes street; thence south along the center line of said alley to the center of Van Buren street; thence west along the center line of VanBuren street to its intersection with the center line of McDonald street; thence south along the center line of Mc- Donald street to its intersection with the center line of Main street; thence west along the center line of Main street to its intersection with the center line of College street; thence south along the center line of College street to the place of beginning. 642. Wooden buildings prohibited.] § 43. No wooden buildings shall hereafter be erected, placed or repaired within said fire limits, except upon the terms and conditions imposed therein. 643. Buildings to conform.] § 44. All buildings her-^after erec- ted inside of the fire limits shall conform to each and all of the require- ments above specified, and, further, the outside walls shall be of stone, brick, iron or otlier incombustible materials, and the roof shall be of iron, tin, slate, or felt, tar or composition roofing, covered with dis- tilled roofing cement, and then with a heavy coating of gravel, and all cornices, window caps and sills shall be composed of incombustible materials, and all windows and doors in the side and end of such buildings shall have fire-proof shutters, except such openings as front upon a street. 644. No wooden building to be moved.] §45. No wooden build- ing, the erection of which is herein prohibited, shall be removed to any location within the fire limits. 218 GENERAL ORDINANCES 645. Exceptions.] § 46. It shall be lawful to erect within the fire limits wooden l)uildings for use only as coal-sheds or privies, not exceeding ten feet in heij^ht nor one hundred square feet in j^round area. 646. Wooden buildings — conditions as to repairing.] § 47. In case any wooden building inside the fire limits is damaged by fire, decay or otherwise, in an amount exceeding fifty per cent, of its value, it shall be torn down or removed, and no repairs shall be made to the same. The manner of ascertaining such damage shall be as follows : The ma^^or, chief of police or building inspector may make complaint in writing to the police magistrate ; thereu])on summons shall issue for the owner, as in any civil case, which shall be personally served if such owner resides in the county, and if he is a non-resident of the county or State, publication shall be made as in cases of attachment before justices of the peace. An issue shall be framed, which shall be tried by a jury of twelve, and if such jury by their verdict find the damage does exceed fifty per cent, of the value, then the magistrate shall enter judgment on his docket, which judgment, if not appealed from, shall he held as a direction to the officers of said city to tear down or remove said building; and in case the said owner fails, upon five days' written notice, to remove the same, said officers shall do so, and the cost of such removal shall be recovered of the owner in any court of com- petent jurisdiction. In case the damage does not exceed fifty per cent, the building may be repaired, but no additions, repairs or alter- ations shall in any case be made which increase the height or area of the building, or change the heating appliances, the plumbing, the outside walls, chimneys or roof, unless the same conform to the requirem^ents of this ordinance. 647. Dilapidated buildings.] § 48. Whenever any building or part of a building, or structure of any kind, shall be in danger of falling, or shall becom.e so dilapidated as to become dangerous on account of fire, and shall thereby endanger an}^ property contiguous thereto, or travel on any public street or alley, the same is hereby declared a nuisance. Whenever complaint shall be made of any such nuisance, suit shall be instituted in the name of the city, and summons shall be issued against the owner, if known, and the occupant, if known, and served, in the sam.e manner as civil process before a justice of the peace, if such defendant can be found in this city. If not so found, notices shall be posted and mailed in substantially the same manner as in cases of attachm.ent before a justice of the peace. If upon the hearing such building or part of a building is adjudged to be a nuisance, it is hercb}' made the duty of the owner to abate such nuisance, within a reasonable time to be fixed in the judgment to be entered, and in case such owner shall neglect so to do, he shall be subject to a fine of ten GENERAL ORDINANCES 219 dollars for each day he suffers the same to remain thereafter, and after the expiration of a five days' written rotice served upon such owner, or occupant, the nuisance may be abated by the city, and the expense may be recovered in a proper suit. SUPERINTENDENT. 648. Superintendent of buildings.] § 49. There is hereby created the office of superintendent of buildings, and it is hereby made the duty of such officer to have the management and control of all matters pertaining to building, and he shall have charge of enforcing the ordi- nances with reference to that subject, and shall examine the plans and specifications submitted to him, and shall issue permits for build- ing where the plans and specifications conform to such ordinances, and he shall inspect the erection of all buildings, to the end that such requirements shall be met. Such officer shall be an experienced archi- tect or builder. Such officer shall be appointed and qualify and receive the salary and serve for the tenii provided in the chapter of these ordinances concerning officers. PERMITS. 649. Application.] § 50. Any person desiring to do any building or repairing other than such as is expressly allowed without a permit, shall make written application to the superintendent of buildings, accompanied by the plans and specifications, if any are to be used, setting forth — First — The location of the proposed work. Second — General dimensions, nuinber and height of stories. Third — Dimensions of joists and timbers and distance apart. Fourth — Dimensions of supporting iron work. Fifth — For what purpose the building is designed to be used. Sixth — The estimated cost thereof. And agreeing that such building will be constructed in conformity with the ordinances and the' plans, specifications and description set forth. And if plumbing is to be done the written permit of the plumbing inspector shall be first obtained and shall accompany such application. 650. Permit — fees.] § 51. If upon examination such construc- tion and such application is found to confonn to the ordinances, a written permit shall be issued by the superintendent of buildings on payment of fees on the following basis : On the cost up to $2,000, one-third of one per cent. On the cost from $2,000 to $10,000, one-fourth of one per cent. On the cost from $10,000 up, one-eighth of one per cent. 220 GENERAL ORDINANCES Provided, The minimum fee in all cases is fixed at two dollars, and the maximum at fifty dollars: Provided, also, That such fees shall not include those mentioned in the plumbing ordinance: Provided, also, that no fee shall be required where the value of the work con- templated is under two hundred dollars. CHAPTER V. CEMETERIES. 651. Where Bodies Buried.] § 1. The body of no deceased human being shall be buried in any place within the corporate limits of said city not actually set apart as a cemetery prior to April 18, A. D. 1911, except as hereinafter provided. 652. New Cemeteries.] § 2. No corporation, person or asso- ciation of persons shall establish, or open, a new cemetery within the corporate limits of said city, or within one mile of said limits, without the approval of the city council first had and obtained. 653. Penalty.] § 3. Any corporation, person or association of persons violating any of the pro\'isions of this Act shall, upon convic- tion, be fined not less than twenty-five dollars and not more than two hundred dollars for each offense; and any body of a deceased person buried contrary to the provisions of this chapter, or in any cemetery opened or established in violation of this chapter, shall be disinterred and re-interred in some cemetery selected by the city council, unless the owner of the ground, or the next of kin or personal representatives of the deceased person, shall cause the removal and re-interment of said body within ten days after such original interment takes place. 654. Expense of Removal.] § 4. The expenses incurred by the city in removing and re-inten4ng such body shall be recoverable from the owner of the land, or the personal representatives of the deceased, in an}- proper action. CHAPTER \T. CIGARETTES. 655. License.] § 1. Licenses authorizing the sale of cigarettes, cigarette papers and cigarette wrappers within this city may be issued in the manner following, and not otherwise: Any person desiring a license to sell the same shall make written application to the city GENERAL ORDINANCES 221 council, designating the location at which such sales are proposed to be made. Said application shall be accompanied by a bond, payable to said city, in the penal sum of five hundred dollars agreed and liquidated damages, with at least two good and -sufficient sureties, to be approved by said city council, conditioned for the faithful observ- ance and obedience of all laws of the state, and all ordinances of the city now in force, or which may be hereafter in force, with reference to the sale of such cigarettes, cigarette papers and cigarette VvTappers. Upon compliance with said requirements and the payment, in ad- vance, of the required license fee, a license shall be issued by the mayor, countersigned by the city clerk, authorizing such sale at the place designated in such license : Provided, however, that no license shall be granted to sell within 200 feet of any school house, nor shall such license be held to authorize the sale of any cigarettes containing opium, morphine, jimpson weed, belladonna, glycerine, or sugar, or any injurious drug or substance, nor shall such license be held to authorize the sale of, or the giving of, cigarettes, cigarette paper or cigarette wrappers to any person under twenty-one years of age. 656. Fees.] § 2. The license fee shall be at the rate of sevent}^- five dollars per annum, in advance, provided that no licenses shall be issued to extend beyond the end of the municipal year. Licenses shall be issued, at the same time, and in the same manner, as licenses for keeping of dram shops. •657. Revocation.] § 3. Any Hcense so granted may be revoked by the council on written notice whenever it shall appear that the party so licensed has violated any provisions of the laws of this State, or of any ordinance of this city relating to the selling or giving away of cigarettes, cigarette paper or cigarette wrappers. 658. Licenses to be posted.] § 4. The said Hcensee shall imme- diately cause such license to be posted, and shall keep the same posted, in some conspicuoub place, in the place of business designated in such license, and for a failure to do so shall be fined in any sum not less than fi\'e dollars nor more than one hundred dollars. 659. Officers to Enforce.] § 5. It is hereby made the duty of the commissioner of health, and of the chief of police, and of all mem- bers of the police force, from time to time, to inspect and examine all places where cigarettes are sold, with a view of ascertaining whether this ordinance is being complied with, and it is made the duty of each of said officers to cause the same to be rigorously enforced. And the said commissioner of health is hereby authorized to purchase, and it is hereby made the duty of such licensee to sell to such commissioner of health, samples of cigarettes sold or offered for sale by such licensee, for the purpose of having the same analyzed by such commissioner of health in order to ascertain whether the same contain anv of the 222 GENERAL ORDINANCES drugs or injurious substances mentioned in section one of this ordi- nance, and said commissioner of health shall preserve a record of such analysis. 660. Penalty.] § 6. Any person or persons who shall hereafter have or keep for sale, or sell or offer for sale, or offer to give or give away, any cigarettes, cigarette paper or cigarette wrappers within the corporate limits of this city, without first having obtained a license as herein provided; or whoever shall willfully and knowingly sell, or offer for sale, any cigarettes containing opium, morphine, jimpson weed, belladonna, glycerine or sugar, or any other injurious drug or substance; or shall give away, or offer to giveaway, or shall sell, any cigarettes, cigarette paper or cigarette wrappers to any person under twenty-one years of age shall be fined not less than twenty -fiA'C dollars nor more than two hundred dollars for each offense. CHAPTER VII. CONTRACTS. 661. Authority.] § 1. No officer of this city shall make any contract unless lawfully authorized to do so, either by the laws of the State, or the ordinances of the city, or some action of the city council. Whenever in any department any supplies of any kind are needed the head of such department shall make application to the council committee in charge of that department, and in no event shall any contract for such supplies be legal unless approved beforehand by such committee, or by the city council in session : Provided, that nothing herein shall be construed as suffering any contract to be made or liability to be incurred where there is no appropriation, unexpended, legally made, sufficient to cover the expense. 662. Claims.] § 2. All claims must be verified and no claim shall be allowed, or any warrant drawn for its payment unless the claimant, or some credible person for him, shall before an officer authorized to administer oaths, make affidavit that the claim or account is just, true and correct, and that the charges therein are reasonable. Such claims must also pass before the proper committee for approval, or report in writing 663. Wages of Employes.] § 3. The rate of wages hereafter to be paid by the City of Danville for labor, in the absence of express contract, be, and the same is hereby fixed as follows : Wages for man : two dollars per day ; Wages for man and team : four dollars per day , Wages for foreman of wards: two dollars and fifty cents per day. GENERAL ORDINANCES 223 Eight hours work shall constitute a day under the above schedule of wages. 664. Advertisement for bids.] §4. At the beginning of. each year the committee on printing shall advertise for bids, for the furnishing of all stationery, blanks, records, supplies, election sup- plies, printing, publishing and advertising of every kind, including all legal notices, and said bids shall be several for the difTerent classes named, which bids shall be opened by the city council, and the con- tract shall be awarded to the lowest bidder, reserving the right to reject all bids. CHAPTER VIII. CURFEW. 665. Loitering on streets forbidden.] §1. No minor, under the age of sixteen years, shall, after the hour of nine o'clock p. m., from April 1st to November 1st, nor after the hour of 8 o'clock p. m., from November 1st to April 1st, next following, loiter, wander or stroll about in the right, on any of the public streets, avenues, alleys, lanes, commons, or in the public parks of said city, or upon any depot grounds or building or other public place, unless upon some lawful errand, and sent by the direction and with the knowledge and con- sent of the parent, guardian or other person having the legal custody and control of such child, under a penalty of not less than ore dollar nor more than twenty-five dollars. CHAPTER IX. ELECTIONS. 666. Conduct of election.] §1. All elections shall be conducted under the Australian ballot law and all the general laws of the State on that subject. 667. Order to be preserved at the polls.] § 2. The chief of police and all other police officers shall attend at all elections for the purpose of maintaining order and keeping the peace. The judges shall maintain order at the polls, and may command any police officer in attendance to arrest any person who shall disturb the peace by riotous or disorderly conduct. Any person who at the polls shall 224 GENERAL ORDINANCES break or disturb the peace, or conduct himself in a riotous or disorderly manner, shall be subject to a penalty not exceeding one hundred dollars. 668. Contest of election of aldermen.] § 3. Any elector of the city may contest the election of any member of the city council, and the method of procedure shall be as follows : Within thirty days after the vote is canvassed and the result is declared, the contestant shall file with the city clerk a written statement, under his oath, setting forth clearly the grounds of contest,, and shall cause a copy thereof to be served upon the person whose election is contested, personally, if he may be found in the city, or if he cannot be so found, b}^ leaving a copy at his usual place of residence — proof of which service shall accompany the statement filed. Thereupon the council shall fix a time and place for hearing testimony, which testimony may be heard in open session of the council, or before a committee appointed for the purpose, substantially in the same manner as evidence is taken before a A I aster in Chancery. In ease a ground of contest shall be an im- proper count of the ballots, a recount shall be had before evidence is taken, which recount shall be had only in the open session of the coun- cil. When the case is closed the council shall vote by yeas and nays. No member of the council interested shall take any part in the proceedings. CHAPTER X: FIRES. 669. Precautions to be observed.] § 1. For the purpose of guarding against the calamities of fire, it is declared that shavings and like combustible materials shall not be suffered to accumulate in or about any building; a lighted lamp, candle or fire shall not be carried or used in any building where hay, straw or like combustible materials are kept, unless secured in a lantern or some secure casing ; all stoves used in carpenter or woodworking shops shall be set in a box or fram.e at least six inches above the floor, having a space at least one foot around outside of the stove, and lined or filled with fireproof material ; ashes shall not be deposited in any building or in any place within twenty feet of any building, shed or fence, unless placed within a secure enclosure lined with fire-proof material; no bonfires shall be set except in the day time, nor then unless the condi- tion of wind and weather be such that such fire is not likely to endan- ger any property ; pitch, resin, tar or the like infiammable substances shall not be boiled or heated except at such distance from any building as to be safe, in case such substance should take fire; no box or other GENERAL ORDINANCES 225 vessel filled with sawdust or other combustible material shall be used as a spittoon; no fire shall be kindled in any building, except within a secure fire-place, stove, furnace or like structure made for that pur- pose; benzine, turpentine, coal oil and the like shall not be suffered to saturate wooden floors, partitions or other parts of buildings; no rags, waste, paper or other material saturated with oils, paints or other in- flammable substances shall be suffered to accumulate in any basement, or building, or shed; boxes and waste paper shall not be suffered to accumulate in any building or shed adjacent thereto; waste paper shall not be burned except in a metal cylinder or casing, nor in such a way that sparks may escape, nor shall the same be burned on any street, alley or sidewalk, or in such proximity to any building as to be dangerous; no gunpowder shall be weighed by gas light or lamp light, nor shall any kerosene oil, gasoline or inflammable or volatile oil of any kind be drawn from any cask, tank or barrel, by any such light; any person violating any of such precautions, whereby the public safety, or the safety of any private property is endangered, shall be fined not less than three dollars nor more than one hundred dollars for each offense. 670. Fire chief to inspect.] § 2. At all reasonable hours the fire chief may examine any premises reported to him in which the precautions above described are said to be violated, and any owner or occupant of any such premises who shall willfully refuse to permit any premises owned or occupied by him, or under his control, to be examined at any reasonable hour, shall be fined not less than three dollars nor more than one hundred dollars for each offense. 671, Planing mills and lumber yards.] § 3. That it shall be unlawful to erect, maintain, build, operate or use any planing mill, sash, door or blind factory, chair or furniture factory, lumber yard, wood yard, oil mill or paper mill within the fire limits as now estab- lished by ordinance; and every such planing mill, sash, door or blind factory, chair or furniture factory, lumber yard, wood yard, oil mill or paper mill which may be erected, maintained, built, operated or used within the said fire limits is hereby declared to be a nuisance; and it is hereby made the duty of the mayor to take any and all meas- ures and begin, or cause to be begun, all suits and proceedings neces- sary to cause any and all such nuisances to be abated, and to be re- moved outside the said fire limits; and, any person, firm or corporation who shall erect, maintain, build, operate or use, any one or more of the said buildings, yards, mills or factories above mentioned within said fire limits, shall be fined not less than the sum of fifty dollars and not more than the sum of two hundred dollars, and the further sum of twenty-five dollars for each day the same shall be allowed to remain within said fire limits. 226 GENERAL ORDINANCES CHAPTER XT. FIRE DEPARTMENT. 672. Fire Chief.] § 1. The highest in rank of the officers in this department shall be the fire ehief, and he shall supervise and control all officers and men under him, subject to the mayor and council. He shall have charge and custody of all apparatus and equipment of every kind pertaining to this department. He shall devote his entire time to the discharge of his duties, and shall attend all fires, and take command of the organization. He shall, with the approval of the mayor and the committee on fire and water, prescribe such rules and regulations as shall be necessary to secure discipline and efficiency in the force. With the concurrence of the mayor he may order the tearing down or removal in any other wa}^ of any building where it is deemed absolutely necessary to check a conflagration. He shall keep an accurate and full record, in a book to be provided by the city, of all fires within the city, the day and hour, the cause, the owner's name, amount of insurance, and such other information as may be deemed of importance. He shall also keep in said record a true in- ventory of all property and equipment of the city in said department. He shall visit and examine all i^laces reported to be in a condition likeh' to cause fire, or where violation of any ordinance relating to public safety is said to occur, and take such steps in the premises as are appropriate. At the end of each fiscal year he shall make a full written report to the council of all transactions in his department. 673. Assistant Fire Chief.] § 2. The next officer in rank shall be the assistant fire chief, who shall be captain of department No. 1 ; assist the fire chief, and during such hours as the latter is not on duty, and when the latter is absent, shall act as chief. 674. Captains.] § 3. In each of the other departments there shall be a captain, who shall have charge of the men in his department and shall see that the rules and regulations are carried out, and who shall have control of and be responsible for the conduct of his depart- ment subject to the orders of the mayor and council and fire chief, or in his absence, the assistant fire chief. 675. Members.] § 4. The members of the department shall obey the orders of their superior officers, and shall diligently serve the city in all things pertaining to their employment. They shall sleep in the department provided for them, and shall wear such uniform or insignia of office as may be adopted. 676. Causes for removal.] § 5. Any officer or member of this department may be removed if guilty of any of the following offenses, viz." GENERAL ORDINANCES 227 1. Disobedience of the orders of his superior. 2. Intoxication. 3. Violent, insolent or abusive language to a superior officer, or to any citizen, resident or stranger. 4. Drinking intoxicating liquor when on duty. 5. Absence from duty without leave. 6. Refusing to pay his just debts. 677. Bystanders to assist.] § 6. Every male person above the age of eighteen years, present at any fire, shall be subject to the orders of the fire chief, to assist in extinguishing such fire and to remove and protect property, and any such person who shall knowingly or wilfully fail or refuse to obey such orders shall be subject to a fine of not less than three dollars nor more than fifty dollars for each offense. 678. Malicious injury to equipment.] § 7. Whoever shall wil- fully or maliciously deface, injure, damage or destroy any wagon, engine, ladder, hose, or any appliance, or any animal, belonging to the fire department, shall be fined not less than twenty-five dollars nor more than one hundred dollars for each offense, and in addition thereto the expenses incurred in repairing the injury or the amount of damages done, shall be added to such fine and made a part of the penalty. 679. Running over hose.] § 8. No locomotive or car, or street car, or vehicle of any kind shall be driven or run over any fire hose laid for use across any track or street, and any person who shall wil- fully drive or run any of the same over any such hose, shall be subject to a penalty of not less than five dollars nor more than fifty dollars. 680. Unnecessary throwing of water.] § 9. Whoever shall wilfully or mahciously throw any stream of water from any fire hose upon any person or property, whether at a fire or at any drill of the department, or at any test of- the waterworks, shall be fined not less than three dollars nor more than fifty dollars. 681. Vehicles not to obstruct street at fire.] § 10. No wagon, carriage or other vehicle shall obstruct any street or alley at any point in the vicinity of a fire, and when directed by any police officer or member of the fire department, the person in charge of such vehicle shall immediately move away to such place as will avoid such obstruction, and for a wilful failure so to do he shall be subject to a penalty of not less than three dollars nor more than fifty dollars. 682. Meddling with fire hydrant.] §11. Whoever shall, without lawful authorit3^ take water from any public fire plug or hydrant of the waterworks in this city, or shall remove the cover therefrom, or place- any earth or other material therein, or in any other way injure, 228 GENERAL ORDINANCES destroy or damage any such fire plug, or any pipe or main, or appliance thereunto belonging, shall be fined not less than five dollars nor more than one hundred dollars. 683. Fire alarms.] § 12. No person or persons, except those connected with the management of the same, shall open any signal box of the fire alarm system of this city, unless it be for the purpose of gi\'ing in good faith an alann of fire; nor shall break, cut, injure, deface, derange or in any manner interfere with said fire alarm system, or any of its appliances, under a penalty of not less than five dollars nor more than fifty dollars for each offense. 684. False alarm.] § 13. Whoever shall knowingly make or give any false alann or false cry of fire, shall be fined not less than three dollars nor more than one hundred dollars. 685. Vacation of firemen.] § 14. Each and every member of the fire department shall be granted a vacation with full pay during each and every year, the time of said vacation to be fixed by the chief of the fire department with the consent of city council. CHAPTER XII. HEALTH. 686. Commissioner.] § 1. There is hereby created the office of commissioner of health. His term of office shall be two years. He shall be a competent, reputable physician. The duties of his office shall be to have charge of all matters pertaining to public health and to the sanitary condition of the city. He shall cause inspections to be made and all nuisances to be abated, and in case of any conta- gious, pestilential or malignant disease, he shall take all necessary steps to establish and maintain a proper quarantine and to prevent the spread thereof. He shall look after the enforcement of all ordi- nances relating to the subjects under his charge, and shall keep a record of all burial permits issued by him. 687. Report.] § 2. He shall report annually on the first day of May, a full and complete statement of all matters pertaining to his office, transacted during the fiscal year last past, and shall make a detailed estimate of appropriations required in his department for 688. Burial Permits.] § 3. No dead human bod}- shall be taken from the city for interment, nor shall any such body be interred at any place in the city, until a permit shall have been first obtained GENERAL ORDINANCES 229 from the commissioner of health. Any undertaker, sexton, or any other person violating the provisions of this section, shall be fined not less than five dollars nor more than fifty dollars for each offense. 689. Physician to give death certificate.] § 4. It is hereby made the duty of the attending physician, when any person shall die in this city, to make to the commissioner of health, within twenty-four hours thereafter, a written report, stating the name, age, sex, residence, and cause of death of the deceased, specifying particularly the disease, under a penalty of not less than five dollars nor more than fifty dollars for each offense. 690. Physicians to report contagious diseases.] § 5. It is here- by made the duty of every practicing physician in this city forthwith to report in writing to the commissioner of health any patient found suffering with any contagious or pestilential disease. For a failure so to do such physician shall be fined not less than five dollars nor more than fifty dollars for each offense. 691. Blanks.] § 6. The commissioner of health shall furnish such blanks to physicians, undertakers and others as are needed, upon which to make out the reports specified in this ordinance, which blanks are to be supplied by the city; but a failure to furnish blanks shall be no excuse for a failure to make reports as directed in this ordinance. 692. Vaccination.] § 7. In case of an epidemic of smallpox, and in case of persons exposed to small pox under each circumstances as to render them likely to be infected, the commissioner of health may require such person or persons to be vaccinated, and any person who shall wilfully refuse to be so vaccinated shall be fined not less than five dollars nor more than fifty dollars : Provided, that in case such person is unable to pay for such vaccination, the commissioner of health shall provide the same free of charge. 693. Quarantine.] § 8. In case any person or persons are found suffering from smallpox, scarlet fever, cholera, diphtheria, or any pestilential, contagious or infectious disease, the commissioner of health shall cause a placard to be posted at the front entrance of the house, where such person is sick, stating the name of the disease. Said officer may also in such cases as .may be reasonably necessary, establish a quarantine, and direct that no person shall enter or depart from said premises, except physicians, nurses or necessary attendants, and may appoint a guard or guards with authority to enforce such directions. Said officer may also in such cases, require such person or persons suffering from such disease to be removed to a hospital or such other proper place as may be provided by the proper authori- ties, and there detained. Any person who shall wilfully tear down any placard put up by authority of said commissioner of health, or 230 GENERAL ORDINANCES who shall wilfully violate any quarantine established as aforesaid, or shall wilfully refuse to be removed to any hospital or place of deten- tion upon the order of the commissioner of health, shall be fined not less than five dollars nor more than fifty dollars for each offense. 694. Spreading contagion.] § 9. Any person who has smallpox, or other contagious disease, or who having been exposed to such disease, who shall, during the period within which such disease is contagious, wilfully go about in any street, or public place, shall be subject to a penalty of not less than five dollars nor more than fifty dollars for each offense. 695. Destroy bedding, etc.] § 10. The commissioner of health shall order the clothing, l^cdding, and any other article likely to be infected used by any patient having smallpox or the like contagious disease, to be burned, or where it can be done with safety, to be dis- infected. And any person who fails to observe the direction of the commissioner of health' in that regard, shall be fined in a like sum as provided in the preceding section. 696. Disinfecting — Consumption.] §11. No property owner, or agent of such owner, shall rent, lease or pemiit to be used for dwelling purposes, any house or apartment recently occupied by any person affficted with pulmonary consumption, until after such house or apartment has been reported to the Commissioner of Health and disinfected under his supervision. Any person, or persons, violating the provisions of this section shall be fined not less than ten dollars nor more than one hundred dollars for each offense. 697. Changing clothing.] § 12. Every phA^sician,' nurse, or attendant, waiting upon a person having smallpox, or the like con- tagious disease, shall change and thoroughly disinfect his or her clothing worn while in attendance on said patient, and for a failure to do so before going out into the street or any public place, shall be fined not less than five dollars nor more than fifty dollars. .698. Diseased meat.] § 13. Whoever shall sell, or offer for sale, for use for htmian food any tainted or unwholesome meat, fish or poultry, or the flesh of any emaciated, sick, crippled, sore, bruised, disea,sed or disordered animal shall be fined not less than twenty-five dollars nor more than two hundred dollars, and it is made the duty of all police officers and all health officers to seize and destroy any such meat, fish or poultr^^ 699. Adulterated milk, etc.] § 14. Whoever shall, sell or offer for sale, for use for human food any milk adulterated with water or any foreign substance, or any milk from any diseased cow, knowing her to be so diseased as to render her milk unwholesome; or any adulterated and unwholesome bread, butter, lard, cheese or other GENERAL ORDINANCES 231 provisions, or any decayed and unwholesome vegetables or fruits, shall be fined not less than ten dollars nor more than one hundred dollars for each offense. 700. Undrawn bodies of fowls.] § 15. No person, firm or cor- poration shall sell, or offer for sale, any fish, fowl, or any animal used for food purposes, refrigerated or otherwise, which has not been pro- perly drawn, by removing the viscera (bowels or entrails) at the time of slaughter, under a penalty of not less than one dollar nor more than one hundred dollars for each offense. 701. Against spitting.] §16. No person shall spit or expectorate upon the floor of, or against the wall, steps, entrance, approach or any other part of any church, school house, passenger depot, court house, or any public building, nor of any store, office, shop, dwelling, tene- ment or room of any private building, against the consent of the owner or occupant thereof, nor upon any public walk or public way intended for foot passengers; especial reference being had to spitting or expectorating in such manner as to form puddles, pools or splashes where persons are wont to go on foot, under a penalty of not less than one dollar nor more than ten dollars for each offense. 702. Distribution of Drugs.] § 17. Drugs and medicines shall not be promiscuously passed and distributed as samples for advertis- ing purposes from house to house, and no person shall distribute or leave any drug or medicine upon any private premises, nor upon any street or sidewalk, unless delivered personally to some adult person, under a penalty of not less than five dollars nor more than one hun- dred dollars. 703. Poisons — sale of.] § 18. It is hereby made the duty of every druggist, phannacist, or any other person, selling or delivering, by himself, his clerk or servant, any arsenic, strychnine, corrosive sublimate, prussic acid, or any substance or liquid commonly recog- nized as a deadly poison, to cause the bottle, box or package contain- ing the same to be plainly labeled with the name of the substance and also the word "poison." Such person shall also, unless the sale is made on the prescription of a reputable physician, ascertain whether the same is to be used for a legitimate purpose, and shall not sell or deliver the same to any person under the age of fourteen years, under a penalt}^ in either case of not less than five dollars nor more than one hundred dollars. 704. Scavengers.] § 19. All scavenger work shall be under the general super\''ision of the commissioner of health. All persons desiring to engage therein must first obtain license, which will be granted on application to the city council, on payment of a license fee of ten dollars per annum, payable in advance, and upon giving bond with at least two good and sufficient sureties to be approved by 232 GENERAL ORDINANCES the council, in ihc |)cnal sum of five hundred dollars, conditioned for the observance of the ordinances of the city with regard to such work. Such work and the hauling shall be done only in the night time, between 9 p. m. and 4 o'clock a. m., and the refuse shall be carried away in tight barrels or tanks, and dumped at the dumping grounds, or such other place as is provided by the city, and such work shall be done in such a way as to cause no nuisance, and the maximum price to be charged is hereby fixed at thirty -five cents per barrel of forty gallons capacity. Said tanks and barrels to be kept cleaned U]) after being used. Which license shall be issued as other licenses, and shall be revocable for a failure to observe any of the alcove requirements. Any person who shall engage in said business without having first obtained a license, as herein required, or who shall engage in or carry on the same contrary to any of the provisions herein, shall be fined not less than five dollars nor more than one hundred dollars. 705. Dumping grounds.] § 20. The premises known as the city dumi)ing grounds, southeast of the city, on the Perrysville road, have been provided by the city for the depositing of of^^al, garbage, etc., and the same are hereby put under the control of the commission- er of health and he is authorized to prescribe such reasonable rules and regulations concerning the use of the same and the manner of depositing garbage (which rules and regulations shall, however, be general), as may avoid a nuisance; and all persons using the same shall obey such rules and regulations. No person shall place, deposit, throw, discharge or leave any animal or vegetable matter, or substance that is or is likely to become foul or offensive upon any part of said dumping ground except at such place immediately on the bank of the river, as shall be designated by said commissioner of health, under a penalty of not less than five dollars nor more than fifty dollars. 706. Protection of water supply. § 21. Whereas the supply of water to the waterworks of the Danville Water Compan\', supplying water to this city and its inhabitants, is the North Fork of the Vermil- ion river, and the purity of said supply is of importance to the health of said community ; therefore, whoever shall deposit, throw, discharge or leave, or suffer or permit to be deposited, thrown, discharged or left, any nauseous, foul, offensive or putrid liquor, substance or excrement, or any liquid or substance likely to become nauseous, foul or offensive, or likely to contaminate said water supply, or render the same in any wise unwholesome or dangerous to health, upon the banks or in the waters of said North Fork, or upon the banks or in the waters of any stream flowing into said North Fork, located either within the corporate limits, or within five miles therefrom, above the waterworks aforesaid, shall be fined not less than ten dollars nor more than two hundred dollars for each offense. GENERAL ORDINANCES 233 CHAPTER XIII. HOUSE-MOVERS. 707. License required.] §1. It shall be unlawful for any person, except a licensed house mover, to move, or attempt to move, any house, or other building over, upon or along any street, alley or public place in said city. 708. How obtained — bond.] § 2. Any person may become a licensed house mover in said city and be licensed to move houses, or other buildings, or parts thereof, upon compliance with the provisions of this chapter, and upon paying to the city clerk a fee of ten dollars, and executing a bond to the city with sureties to be approved by the city council in the penal sum of one thousand dollars, conditioj^ed for the due observance of all of the provisions of this ordinance and of all the ordinances of said city, and also conditioned that the principal obligors in said bond shall save and keep harmless and indemnify the said city against any and all damages, losses, injury and liability whatsoever which may, in ai^' event, accrue against said city on account of the act or neglect of the principal obligors in said bond, his or their agents, servants or employes, or any one or more of them, in or about the doing of any of the things for which such license shall have been issued. 709. Application to council.] § 3. Any person, or persons, de- siring to obtain a license as a house-mover, shall make application in writing to the city council. The applicant shall, at the same time, present his bond in an amount and conditioned as required by section two aforesaid. If such application shall be granted and bond appro- ved by the city council, a license, signed by the mayor and attested by the city clerk, shall thereafter be issued, authorizing such person or persons to do the things hereinafter designated. 710. Term of license.] § 4. No Hcense shall be issued to any house-mover except for the balance of the municipal year in which the application shall be made: Provided, however, when no more than three months shall remain in the municipal year, the license fee that shall be paid by such mover shall be five dollars instead of ten dollars. 711. Observe Ordinances.] § 5. All hcensed house-movers shall observe and obey all the ordinances of the city now in force, or which shall hereafter be in force, regulating the moving, altering or repairing of houses or other buildings in said city. 712. Use of streets.] § 6. The streets and alleys within the fire limits of said city shall not be used for moving buildings, or parts of buildings, nor shall any building be moved along or upon any street 234 GENERAL ORDINANCES or alley of the city outside of said fire limits, unless an application is made to the Superintendent of Buildings, stating when and where the same is to be moved, which said application shall be accompanied by a fee of five dollars for each building, or portion of a building, to be moved, payable to the Superintendent of Buildings, whereupon, if the applicant has complied with the requirements of all of the ordinan- ces, a pemiit shall be issued by the Su]jerintendent of Buildings for such removal, but not otherwise. 713. Revocation.] § 7. Any license granted under the provi- sions of this chai)ter shall be subject to revocation by the city council on the written recommendation of the Superintendent of Buildings. 714. Penalties.] § 8. Any person, firm or corporation violating any of the jjrovisions of this chapter, shall be subject to a penalty of not le^ than ten dollars nor more than one hundred dollars for each ofTense. CHAPTER XIV. INTOXICATING LIQUORS. 715. License.] § 1. The sale of intoxicating liquors, and the keeping of dram shops within this city, is hereby licensed, but only upon the conditions and restrictions set forth in this chapter. First, A license may be issued for the keeping of a dram shop, where in- toxicating liquor is sold to be used as a beverage, in less quantity than one gallon. Second, A license may be issued to sell intoxicating liquor in quantity of one gallon or more, which is hereby denominated as a wholesale dealer's license, which license shall not permit the sell- ing or giving away of any intoxicating liqour in any quantity to be drank on the premises or adjacent thereto. Third, A license may be issued to a druggist to sell in less quantity than one gallon but strictly for medicinal, mechanical, sacramental and chemical pur- poses only. The license shall be issued by the clerk and shall state the character of the license, the term for which it is granted, the person to whom granted and the place where the business is to be carried on. 716. License limited. §2. No hcense for the keeping of a saloon or dram shop, shall, at any time hereafter, be issued or granted to any ])erson except as hereinafter provided as follows: All legal licenses issued and in force on December 1, 1907, for the keeping of a saloon or dram shop within said city shall be renewed or reissued upon strict and full compliance with the laws and ordinances GENERAL ORDINANCES 235 in force at the time of the appHcation for such renewal or re-issue, but no new Hcense, other than a renewal or reissue for the keeping of a saloon or dram shop, shall, at any time hereafter, be granted or issued until the number of licenses in force at the time shall be less than one for every five hundred of the population of the City of Danville as ascertained by the then last preceding school census, whereupon such new license may be issued from time to time to lawful applicants according to priority of application upon full compliance by the applicant with the laws and ordinances in force at the time of the application for such licenses until the total number of Hcenses in force shall equal one for every five hundred of the population of the city as ascertained by the then last preceding school census. The. owner, or owners, or his or their legal representatives, of a license to keep a dram shop or a saloon shall have and be given the right to a renewal or reissue of such license at the same, or different places of business, upon compliance with the ordinances now in force, or which may hereafter be passed governing the licensing of dram shops or saloons, and such owner or owners, or his or their legal representatives, may assign or convey his or their right to the renewal or reissue of said license to another person, who upon full compliance with the ordi- nances then in force governing the licensing of saloons or dram shops, shall be entitled to a renewal or reissue of such license in his own name, and each holder of a license, or his legal representatives in turn, may assign or convey such right of renewal or reissue of such license upon the same terms and conditions as the original owner thereof could do hereunder. The privilege of renewal or reissue shall apply only so long as the license in each case shall have been kept in force continuously and uninterruptedly in the name of the licensee or his successor in interest. No license to keep saloons or dram shops shall be hereafter issued to a firm except in the names of the individual members of the fimi, and no such license shall hereafter be issued to a corporation: Provided, however, that any corporation now holding such a license in its name may designate the person or persons who shall be entitled to a renewal or reissue of such license: Provided, further, that such person or persons shall duly qualify by complying with all of the laws and ordinances in force at the date of such assign- ment. 717. No saloons in basement.] § 3. No license shall be granted for the sale of intoxicating liquors in any quantity whatever w^here the place of business in which such intoxicating liquor is to be sold is located in any basement or underground room, or is connected in any way with a basement or underground room for the purposes of evad- ing, directly or indirectly, the provisions of this section; and no license shall be granted for the sale of intoxicating liquors in any quantity whatever where the place of business in which such intoxicating liquor 236 GENERAL ORDINANCES is to be sold has any entrance whatever except directly from a public street or alley. 718. No more than two entrances.] § 4. No license shall be j^rantcd for the sale of intoxicating^ liquors where the place of business in which such intoxicating liquor is to be sold has more than two entrances. Where there are two entrances to such a place each en- trance shall be directly from a public street or alley that is open at all times to the public and to police officers, and each entrance shall have a trans])arent glass door that will enable anyone to have a clear view at all times of the entire interior of said dram shop or saloon. 719. To be kept posted in place of business.] §5. Every person licensed to sell intoxicating liquor shall immediately post his license and shall constantly keep the same posted in a conspicuous place in his office or place of business, and whoever shall fail or neglect so to do, or whoever, not being licensed, shall post or cause or permit to be posted, or to remain posted any paper or document purporting to be a license, shall incur a penalty of not less than five dollars nor more than fifty dollars. 720. Application.] § 6. Any person desiring a license under any one of the three classes above stated, to sell intoxicating liquor, , in this city shall make a written application, setting forth the kind of license desired, the length of time, the place of business, and the names of his sureties on the bonds, hereinafter required. Which application shall be laid before the council and referred to the com- mittee on license, who shall examine the same and report in writing to the council, as to whether the requirements have been met and as to the financial standing of the sureties, and shall also make a recom- mendation as to whether such license should be granted. 721. Rate of license — terms.] §7. The rate of license for keep- ing a dram shop shall be eight htmdred dollars per annum, payable quarterly; for a wholesale dealer's license two hundred dollars per annum; and for a druggist's permit no license fee shall be charged. All licenses shall expire with the fiscal year, and no license shall be granted for a less term than three months, except when the un- expired part of the fiscal year is less than three months, nor unless the license fees shall be paid strictly in advance. Such licenses shall not be assignable, except by consent of the council, but the license fees may be refunded where the license is revoked by the city, or where the licensee goes out of business. 722. Bonds — dram shop.] § 8. No person shall be licensed to keep a dram shop unless he shall first give bond in the penal sum of $3,000 payable to the People of the State of Illinois, with at least two good and sufficient sureties, freeholders of this County, to be approved by the mayor and city council, conditioned that he will GENERAL ORDINANCES 237 pay to all persons all damages that they may sustain, either in person or property, or means of support, by reason of the person so obtaining license, selling or giving away intoxicating liquors. Nor shall any such license be granted unless such person shall also execute a bond in the penal sum of one thousand dollars, agreed or liquidated damages, payable to' the City of Danville, with at least two good and sufficient sureties, freeholders of this County, to be approved by the mayor and city council, conditioned that he will observe and" obey all the laws of the State and all ordinances of the city, now or hereafter in force, during the terni for which the license is given, regulating and governing the keeping of dram shops, and also for the payment of all moneys due or that rnay thereafter become due to the city or any of its, officers on account of any violation or violations of such ordinances. 723. Bonds — wholesale dealer.] § 9. No person shall be licen- sed to sell liquor in quantities of one gallon or more, unless he shall first give a like bond to the People of the State of Illinois and a like bond to the city, as is required in cases of keepers of dram shops, except that the conditions of the latter bonds in this case, shall be so drawn as to cover sales and gifts in quantities of one gallon or more instead of in quantities of less than one gallon, and to cover the observance of the laws and ordinances with respect to selling and giving away intoxicating liquors in quantities of one gallon or more. 724. Disqualifications.] § 10. No license to keep a dram shop and no license as a wholesale dealer shall be issued to any minor, or any non-resident of this county, nor to any person who has been convicted of an infamous crime, or who has been twice convicted of 'a violation of the ordinances of this city governing the selling of intoxicating liquor, or who has been once convicted of any such vio- lation, and is in default in the payment of any fine or costs due the city or any of its officers. 725. License not to be granted in connection with restaurant, etc.] § 11. No license shall be granted for the sale of intoxicating liquor in any quantity whatever, where the place of business where the same is to be sold is in an}^ way connected with a restaurant or eating room by any opening, door, window, hall, passage way, entrance, slide, elevator, dumb waiter, or any device used for transporting liquor from one room or department to another. Any person who shall make any such connection as is above prohibited, or who shall suffer such connection to remain, shall be fined not less than ten dollars nor more than one hundred dollars for each offense. 726. Hours of opening and closing.] § 12. All dram shops shall be closed at the hour of eleven o'clock, sharp, at night, and shall so remain closed until the hour of five o'clock in the morning of the next 238 GENERA-. ORDINANCES day, between which hours it is unlawful to sell or give away therein any intoxicating liquor. Whoever shall keep open a dram shop be- tween the hours aforesaid, or shall sell any intoxicating liciuor therein between said hours, shall be fined not less than twenty dollars nor more than one hundred dollars. 727. Screens.] § K?. All licenses for the keeping of dram shops in this city arc also upon the further terms and conditions that the same shall Idc so kept as to afford at all hours of the day and night during which the dram shop is required to be closed, from the front door and front windows, a full view of the interior thereof, and no shutter, slide, screen, curtain, partition, mirror, stand, or any goods or ornamentation, or any other thing whatsoever, shall be so placed as to obstruct such full view. And any such obstruction may be summarily removed by any police officer of the city, and any person who shall violate any of the terms of this section shall be fined not less than ten dollars nor more than one hundred dollars for each offense. 728. Orderly house — lewd women — wine rooms — music] § 14. No keeper of a dram shop shall keep a disorderly or illgo\'erned house or place of resort for idle or dissolute persons, nor shall suffer therein, nor in any adjacent premises under his control, any violent, tumultuous, offensive or disorderly conduct, nor any species of gaming, nor any obscene, profane or unseemly language, nor any quarreling or fighting, nor shall any prostitute or lewd women be permitted to frequent, loiter in or drink liquor in any such dram shop or adjacent premises, nor shall any wine rooms or booths or stalls be used in such dram shop or in connection therewith, nor shall any singing or mtisic of any kind be permitted, under a penalty, in either case, of not less than ten dollars nor more than one hundred dollars. 729. Minors drinking in saloons.] § 15. x'Vny minor drinking intoxicating liquor in any dram shop shall be fined not less than ten dollars nor more than one hundred dollars for each offense. 730. Minors not to be employed.] § 16. No minor shall be employed as a clerk, bartender, or as an employe in any capacity, in any dram shop, under a penalty of not less than ten dollars nor more than one hundred dollars. 731. Loitering of minors or drunkards forbidden.] § 17. No minor, intoxicated ]:)crson or habitual drunkard shall be permitted to loiter, idle or remain in any dram shop or premises adjacent thereto under the same control, nor shall any such minor, intoxicated person or habitual drunkard be there peiTnitted to play at any game with dice, cards, billiards or any other game or device, under a penalty of not less than ten dollars nor more than one hundred dollars ; and like- GENERAL ORDINANCES 239 wise any minor, intoxicated person or habitual drunkard who shall wilfully refuse to leave such dram shop or premises upon the request of the proprietor, or any of his employes, shall be subject to a penalty of not less than five dollars nor more than fifty dollars for each offense. 732. To be closed on Sundays, election days, etc.] 18. No dram shop, tippling house or place where intoxicating liquor is sold or given away shall be kept open on the first day of the week, com- monly called Sunday, nor upon any general or special election day during those hours of the day while the polls are open; and whoever being the keeper of a dram shop, tippling house or place where in- toxicating liquor is sold shall, on Sunday sell or give away any intoxi- cating liquor, or whoever shall on any general or special election day, during the hours that the polls are open, sell at retail or give away any intoxicating liquor, or whoever shall keep open his place of busi- ness contrary to the provisions of this section, shall be fined not less than fifty dollars nor more than two hundred dollars for each offense. 733. Selling without license.] § 19. Whoever, not having a license to sell intoxicating liquor as a wholesale dealer as herein provided, shall sell or give away any intoxicating liquor in quantity of one gallon or more, and whoever shall keep a dram shop without a license, and whoever, not having a license to keep a dram shop, shall sell or give awa}^ intoxicating liquor in quantities less than one gallon, or in any quantity, to be drank upon the premises, or any adjacent premises, shall be, in either case, fined not less than twenty dollars nor more than one hundred dollars for each offense. 734. Shifts and devices — acts of employes.] § 20. Every shift or device calculated or intended to evade the provisions of this ordinance is hereby declared to be unlawful, and to be within the prohibitions thereof. And wherever -any act or default is herein prohibited, the prohi- bition and the penalty shall extend to every case, whether the act or default be committed by the person himself, or by another either as ]3rincipal, clerk, servant, agent or employe, directly or indirectly. 735. Revocation by City Council.] § 21. Any Hcense or permit for the sale of intoxicating liquor may be revoked for the violation of any of the provisions of any ordinance governing or regulating such license or permit by a resolution of the city council : Provided, that not less than five days' notice be given by mail, to show cause why it should not be revoked. And it shall not be necessary to such revo- cation that the offender shall have first been prosecuted and convicted. 736. Revocation by Mayor.] § 22. In addition to the power of revocation vested in the city council, any license or permit for the sale of intoxicating liquor may also be revoked for the violation of any of 240 GENERAL ORDIXAXCES the pro\'isions of any ordinance governing or regulating such Hcenses or iDcnnit by a written revocation thereof, signed by the mayor and filed in the office of the city clerk : Provided, that not less than three da>'s' notice shall be given by mail, to show cause why such license or jDcrmit should not be revoked. And it shall not be necessary to such revocation that the offender shall have first been prosecuted and convicted. 737. Saloon limits. § 23. The limits within which dram shop licenses may be granted are hereby restricted as follows, viz: First: They may be granted to be kept in the territory bounded on the east by Collett Street ; on the south by Griggs Street ; on the North west by the right-of-way of the Wabash Railroad Company. Second: They may be granted to be kept in the territroy bounded as follows, viz: Beginning at the center of the alley in the rear of the Aetna House at its intersection with the center of North Street ; thence east to the center of the north and south alley in block four in James Spear's Addition to Danville, Illinois; thence south to the center of Van Buren Street; thence east to the center of Collett street; thence south to the center of Main street ; thence northeast to a point twenty-five feet east of the east Hne of Collett street ; thence south to the center of Stony Creek; thence northwesterly up said creek to the center of Main Street ; thence west to the center of Park Avenue ; thence south to the center of South street; thence west to the center of the first north and south alley east of the Wabash Railroad Company right of way; thence south along the said center line of said alley to a line one hundred and fifty feet south of South street ; thence west to the center of the Big VermiHon River; thence following the center of the Big Vermilion River to its intersection with the center line extended south of the north and south alley between Franklin, street and Pine street; thence north to the center of Main street; thence east to center of Franklin street ; thence north to the center of the east and west alley south of the city hall, known as Van Buren alley; thence east to the center of the north and south alley between Vermilion • street and Walnut street; thence north to the place of beginning. Third: They may be granted to be kept in the territory bounded as follows : Beginning at the intersection of the center of Fairchild street with the right of way of the Wabash Railroad Compah}^ thence east to the center of Bowman avenue; thence north one hundred fifty feet; thence west to the right of way of the Wabash Railroad Company; thence southwesterly to the place of beginning. Fourth: Within the limits aforesaid no licenses shall be granted to keep a dram shop at any place within a radius of two hundred feet of any church or school house as the same are now located. Fifth: Outside of said limits, no dram^ shop license shall be granted. GENERAL^ ORDINANCES 241 738. Repeal § 24. All ordinances in reference to intoxicating liquors not included in this chapter are hereby repealed. CHAPTER XV. INTOXICATING LIQUORS SOLD BY DRUGGISTS. 739. Druggists' Permits. § 1. No druggist or pharmacist, by himself, his agent or servant, shall sell, or otherwise dispose of for gain, any intoxicating, malt, vinous, mixed or fennented liquors with- out first having obtained a perimt as hereinafter provided. 740. How obtained.] § 2. An}^ person, firm or corporation, regularly engaged in the business of selling drugs, may obtain a per- mit to sell intoxicating liquors, and liquors of the kind above specified, subject to the terms and conditions of this ordinance. The permit shall not be issued, except upon a resolution of the city council, and upon the licensee giving bond in the sum of one thousand dollars, conditioned for the faithful observance of all the terms and conditions of this chapter, which permit shall not be considered as a permit or license to sell any intoxicating liquors for any other purpose than medicinal, mechanical, chemical and sacramental purposes. 741. Record to be kept.] § 3. Every druggist or pharmacist, having a peniiit to sell intoxicating liquors, shall keep a book in which shall be recorded, at the time each sale of liquor is made, the date of such sale, the name and place of residence of the purchaser, giving the street and number, the kind and quantity of liquor sold and the purpose for which the same was sold, which pemiit shall, during business hours, be open to the inspection of all police officers of the city. 742. Application.] § 4. No sale of any of the liquors aforesaid shall be made for medicinal, mechanical, sacramental or chemical purposes except upon the written, or partly written and partly prin- ted, application of the person purchasing the same, signed b}' such purchaser, in which shall be stated the purpose for which such liquor is to be used, the kind and quantity of the liquor desired, and the residence of the purchaser, which application shall be kept on file for the space of one year, and shall be open, during business hours, to the inspection of all police officers of said city. 743. Sunday sales.] § 5. No such pemiit shall extend to, or authorize, the sale or delivery of any intoxicating liquor in any quan- tity upon Sunday, and such sale and delivery is hereby declared to be unlawful, except it be for medicinal purposes, and then only 242 GENERAL ORDINANCES upon the written prescription of a reputable physician in active practice, which prescription shall be made and j^nven for that particu- lar sale and no other. 744. Drinking on the premises.] § 6. No phannacist or dru^^- pst shall sell or };i\'c away an}' of the liquors above mentioned to be drunk upon the premises where sold, or on any premises adjacent thereto under the control of such druggist or pharmacist, except in cases where it is apparently absolutely necessary that such liquor should be administered at once. 745. False orders.] § 7. Any person who shall present to a druggist or pharmacist any false, forged or fictitious prescription, or order, where such prescription or order is required, or who shall sign the name of any person, firm or corporation other than his own, or that of a firm of which he is a member, or that of a corporation of which he is an officer, to the application above inentioned, or who shall give to any druggist or phamiacist any other name than his true name, or an}^ other place of residence than his real place of residence, or any druggist or phannacist who shall violate any of the provisions of this chapter, shall be fined not less than twenty dollars nor more than one hundred dollars for each offense. 746. Shifts and devices.] § 8. Any permit to a druggist or phannacist may be revoked by the mayor for a violation of any of the provisions of this chapter, provided that no less than five days' notice shall be given by the mayor to the alleged violator to show cause why his permit should not be revoked, and it shall not be neces- sary to such revocation that the offender shall have been first prose- cuted and convicted ; which notice of revocation shall be filed by the mayor with the city clerk. CHAPTER XVI. LICENSES FOR CERTAIN OCCUPATIONS. 747. Licenses.] § 1. It shall be unlawful for any person or persons to engage in or carry on any business, occupation or pursuit hereinafter mentioned, within the limits of this city, without first having obtained a license therefor, issued by the maA^or and counter- signed by the clerk. 748. Register.] § 2. Every applicant for license shall register with the city clerk, his name, residence, occupation or place of busi- ness, and the place where such business is to be carried on, and in case of a company or firm, the names of all persons composing the same. GENERAL ORDINANCES 243 749. Fees.] § 3. There shall be taxed and collected for issuing and registering each Hcense, payable strictly in advance, the following license fees, viz : Auctioneers. — Twenty-five dollars per annum, or if taken for a less period, at the rate of ten dollars per day. Bill Posters. — Twenty-five dollars per annum, or if taken for a less period, at the rate of five dollars per day. Draymen and owners, or drivers of job, express, baggage or trans- fer wagons used for transportation of goods for hire, one dollar per annum for each vehicle. Fortune Telling, Clairvoyants or Necromancy. — Five dollars per day; twenty-five dollars per week, one hundred dollars per month, one thousand dollars per year. Hackmen and owners or drivers of hackney coaches, cabs or om- nibuses, automobiles or other vehicles, used for transporting persons for hire, shall pay five dollars per annum for each vehicle. Junk Dealers. — Fifty dollars per annum. Keepers of Public Scales. — Ten dollars per annum. Pawnbrokers. — Fifty dollars per annum. Second-Hand Dealers, including articles of any description. — Five dollars per annum. Itinerant Merchants. — Five dollars per day, twenty dollars per week, seventy-five dollars per month. 750. Hawkers and peddlers.] § 4. Hawkers and peddlers shall pay an annual license as follows: Foot peddlers with leave to use push cart — Ten dollars. Peddlers using a one-horse vehicle. — Twenty dollars. Peddlers using a two-horse vehicle. — Thirty dollars. If a license is issued for less than one year the rate shall be two dollars per day. No license shall be issued except upon the execution of a bond in the sum of two hundred dollars with security to be ap- proved by the city council conditioned for the observance of all of the ordinances of the city and laws of the state. 751. Display license, number and badge.] § 5. Any hawker or peddler, who has obtained a license under the provisions of this Act, shall wear a badge with the number of the license on the badge, and shall have the conveyance from which he sells his goods conspicuoush^ marked with the number of such license on both sides of such con- veyance, and such license shall, at all times, be kept in the possession of the person in charge of such conveyance so that any police oflficer 244 GENERAL ORDINANCES may inspect it at any time. Any person violating any of the pro- visions of this section shall be fined not less than five dollars nor more than one hundred dollars for each ofifense. The badge and number above specified shall be furnished by the city clerk, upon the hawker or peddler depositing with the clerk, the cost thereof, which money shall be refunded u]Jon the return of the badge and number to the clerk. 752. Bond. I i^ 6. All persons following any of the occupations aforesaid, except hawkers, peddlers, hackmcn and draymen, shall give bond in the penal sum of five hundred dollars, with at least one good and sufficient surety, a resident of this city, to be approved by the cit}'- council, conditioned for the observance of the ordinances of the city and for the prompt payment of all moneys due to any person or persons, and the delivery of all goods to the persons entitled thereto, provided in case of pawnbrokers the penalty of the bond shall be one thousand dollars. 753. Record.] § 7. Every pawnbroker shall keep a well bound book in which shall be legibly written in ink, at the time of each purchase or loan, a full and accurate account, in the English language, of the transaction, specifying dates, names and residence of persons, description of articles, amount paid or loaned, rate of interest, and when due. No entry shall be erased or obliterated. Such record and such articles shall at all reasonable hours be open to inspection by the mayor and all police ofhcers. Any person failing to keep such record, or willfully erasing or obliterating the same, or 'any entry or part of any entry thereon, or refusing or failing at any reasonable hour to allow such record or such articles to be inspected as aforesaid, shall be fined not less than ten dollars nor more than one hundred dollars. 754. Delivery of Record to Chief of Police.] § 8.. It shall be the duty of every pawnbroker to make out and deliver to the chief of police, on every day, before the hour of ten o'clock A. M., a legible and correct copy of said book as required in the above section, of all personal property and other valuable things received on deposit or by purchase during the preceding day, together with the exact time when received or purchased, and a descrii.:)tion of the person, or persons by whom left in pledge or from whom purchased. No per- sonal property, received on deposit, purchased or pledged by any such pawnbroker, shall be sold or permitted to be redeemed or re- moved from the place of business of such pawnbroker for the space of twenty-four hours after the copy and statement so required are delivered to the chief of police. Any person violating the provisions of this section shall be fined not less than ten dollars nor more than one hundred dollars for each offense. GENERAL ORDINANCES 245 755. Revocation.] § 9. All licenses granted under this chapter are subject to revocation for any willful failure to observe any ordinance relative to the conduct of sq,ch business, and in case of revocation no part of the fee shall be refunded. 756. License to expire with fiscal year.] § 10. All licenses shall expire with the fiscal year, viz: May 1st, and no license' shall issue for a less fee than is above prescribed, except that where the license is an annual one, and over half of the fiscal year has expired, it may issue for the remainder of the fiscal year for the sum of one- half the annual rate, but no less. 757. Penalty.] § 11. Any person carrying on any such business or occupation, as aforesaid, without having first obtained a license, shall be fined not less than ten dollars, nor more than one hmidred dollars for each day, or if the time be less than a day, or the fraction thereof, that such business or occupation is carried on. CHAPTER XVII. LIVERY STABLES. 758. Location.] § 1. It shall be unlawful for any person to locate, build, construct or keep any livery, boarding, feed or sales stable in any block in which two-thirds of the buildings are devoted to exclusive residence purposes, within 200 feet of any residence, on either side of the street, unless the owners of a majority of the lots in such block fronting or abutting on such street, give consent in writing to such location, which written consent shall be filed with, the Superintendent of Buildings, who shall thereupon issue a written permit for that purpose. 759. Penalty.] § 2. Any person who shall violate any of the provisions of this ordinance shall be fined not less than ten dollar? nor more than two hundred dollars. CHAPTER XVIII. METERS. 760. Inspector.] § 1. That the city electrician be, and he is hereby created, ex-officio inspector of meters in and for said city. 761.- Appliances furnished.] § 2. The city shall provide the city electrician with the proper appliances and apparatus to enable him to test meters used for measuring to consumers of the city, gas. electric current and water. 246 GENERAL ORDINANCES 762. Duty of Inspector.] § 3. It shall 1)^' ihe duty of the insi^cctor of meters, whenever complaint is made to him, to test any meter for the purpose of ascertaining whether or not such meter is pcrformin*^ its functions properly and accurately. 763. Testing meters.] § 4. vSaid ins])ector of meters shall be ]:)rovided ])y the cit}' with a standard meter of each of the kinds above enumerated, which shall be from time to time tested and kept accurate. Whenever any meter complained of is tested by such in- spector and is found to be performing its functions properly and to be accurate, within three per cent variation of such standard meter, then such inspector shall certify such meter to be correct. If not found accurate within three per cent variation of such standard meter, the same shall be thereupon certified to be incorrect. No such meter so found incorrect shall be thereafter replaced or used by an}^ person or persons until it shall have been repaired or rectified. 764. Complaints.] § 5. Whenever any consumer of water, gas or electric current shall file with the inspector of meters his or her complaint in writing substantially in the following form, viz: "I, the undersigned, residing at No street in the city of Danville, and using meter No , do hereby com- plain that I believe said meter to be incorrect and hereby request the inspector of meters of said City of Danville to examine the same. Dated at Danville, Illinois, this day of 19 ," and shall deposit the sum of twenty-five cents with such inspector of meters as a fee; thereupon such inspector shall proceed to examine and test such meter as soon as practicable thereafter. And if such meter, upon such inspection, is found correct, the same shall be re- placed and the fee deposited shall become the property of the city. If, however, said meter is found to be incorrect, then the said fee shall be returned to the complainant, and the person or corporation owning said meter shall thereupon pay a fee of twenty-five cents to such inspector of meters. Upon failure so to do, the said sum may be recovered by said city in an action by it against the owner of said meter to be begun after five days' notice in writing has been given by said inspector to such owner. 765. Fees belong to city.] § 6. All fees collected by the in- spector of meters shall be accounted for and paid over by him to the city treasurer and shall be the property of the city. 766. Penalty.] § 7. Any person, firm or corporation who shall wnlfull>' x'iolatc any of the provisions of this chapter, shall be subject to a fine of not less than three dollars nor more than twenty dollars for each violation. GENERAL ORDINANCES 247 CHAPTER XIX. MISDEMEANORS. 767. Animals unfastened.] § 1. Whoever shall leave any horse, mule or other animal attached to any vehicle or conveyance, in any uninclosed place, without being securely fastened or guarded, so as to prevent its running away, shall be fined not less than three dollars, nor more than one hundred dollars. 768. Assaults, Etc.] § 2. Whoever shall be guilty of an assault, or of an assault and battery, or of an affray, or whoever shall make an assault upon another with a deadly weapon, shall be fined not less than three dollars nor more than two hundred dollars. 769. Bells or Gongs on vehicles.] § 3. Whoever shall drive or run any vehicle upon or along any of the streets or alleys of this city with any bell or gong attached, in such manner as to be constantly or periodically sounded by means of any attachment to the wheel or wheels, or to any other part of such vehicle, or which shall, in any manner, sound periodically, shall be fined not less than one dollar nor more than ten dollars for each offense. 770. Bees in the city limits.] § 4. Whoever shall, within the corporate limits of this city, keep and maintain any bees, shall be fined not less than three dollars nor more than twenty-five dollars for each offense. 771. Bill boards.] § 5. Whoever shall- erect, keep or maintain any bill board or board for advertising, upon any public ground or place, or upon any private premises adjacent to any side-walk, street or footway, in such manner as to occasion danger or inconvenience to the public, shall be deemed guilty of a nuisance, and be fined not less than five dollars nor more than twenty dollars. 772. Billposting.] § 6. Whoever shall, without the consent of the ow^ner or occupant of the premises, post or place any handbill, showbill, placard or notice, or paint any sign or advertisement upon any tree, fence, wall, barn, outhouse, telephone, telegraph, electric light or street railway pole, or building of any kind, shall be fined not less than three dollars, nor more than one hundred dollars. 773. Bridge overloaded.] § 7. No vehicle, roller, engine or other machinery shall be driven, hauled or moved upon or across any bridge, viaduct or culvert in said city, if the combined weight of said vehicle, roller, engine or other machine, and the load thereon shall exceed the weight of fifteen tons. No vehicle, roller, engine or other machinery shall be driven, hauled or moved upon or across any bridge, viaduct or culvert in said city, if the combined weight of said vehicle, roller, engine or machinery shall exceed the weight of seven and 24s GENERAL ORDINANCES one-half tons, without the written permit of the city engineer first had arcl obtained. No traction engine or other engine shall be driven upon or across any such bridge, viaduct or culvert without using at least four strong, sound i^lanks, each to be not less than ten feet long, one foot wide, and two inches thick. Two of said planks to be kept constantly under the wheels of said engine while crossing the said bridge, viaduct or culvert. Any person who shall by himself, his agent or servants \'iolate any of the provisions of this section, shall be fined not less than five dollars nor more than two hundred dollars for each offense. 774. Climbing on cars.] § 8. An\- minor or other person, who shall climb, jump, step, stand upon, cling to, or in any way at- tach himself to any locomotive, engine or car, either stationary or in motion, upon any part of the track of any railroad, unless in so do- ing he shall be acting in compliance with law, or by permission under the lawful rules and regulations of the corporation then owning or managing such railroad, shall be fined in any sum not exceeding twenty dollars. 775. Concealed weapons.] § 9. Whoever shall carry con- cealed upon or about his person any pistol, revolver, derringer, bowie-knife, dirk, slungshot, metallic knuckles, or a razor as a weapon, or any other deadly weapon of like character, capable of being con- cealed upon the person, or whoever shall in a threatening or boister- ous manner flotirish or display the same, shall be fined not less than twenty-five dollars nor m.ore than two hundred dollars, and in addition to the said penalty shall, upon the order of the magistrate before whom such conviction is had, forfeit the weapon so carried to the city; Provided, that nothing contained in this section shall apply to sherilTs, coroners, constables, policemen or other peace officers while in the discharge of their official duties. 776. Disorderly conduct.] § 10. Whoever shall disturb the peace, or shall be guilty of any violent, tumultuous, offensive or disorderly conduct, or of threatening, traducing, quarreling, chal- lenging to fight or fighting, or shall use obscene, offensive, profane or vmsccmly language to the annoyance, disturbance or vexation of another, or shall be guilty of any conduct calculated to provoke a breach of the peace, shall be fined not less than three dollars nor miore than one hundred dollars. 777. Disorderly house.] $ 11. Whoever shall keep a common, ill-governed and disorderly house, to the encouragement of idle- ness, gaming, drinking, fornication or other misbehavior, shall be fined not less than ten dollars and not exceeding two hundred dol- lars. GENER.NL ORDINANCES 249 778. Disturbing Assembly.] § 12. Whoever wilfully disturbs or interrupts any school, or any assembly met for the worship of God, or any other assembly met for a lawful purpose, shall be fined not less than five dollars nor more than one hundred dollars. 779. Disturbing funeral.] § 13. Whoever shall wilfully inter- rupt or disturb an\' funeral assembly or funeral procession shall be fined not less than three dollars nor more than two hundred dollars. 780. Disturbing peace.] § 1-1. Whoever shall disturb the peace and quiet of the city, or of any neighborhood, family or person, by loud and unusual noise, shouting, blowing horns, ye'.ling, singing, whistling, or by tumultuous and offensive carriage, or other boister- ous and unseemly conduct, shall be fined not less than three dollars, nor more than one hundred dollars. 781. Disturbing peace.] § 15. No person, firm or corporation shall use, or peniiit- to be used, any graphaphone, phonograph, megaphone, instrument or noise, or noise making device of any de- scription, on, or in front of the premises occupied in whole or in part by such person, firm or corporation, in order to attract custom, or advertise the business of such person, firm or corporation. No person shall disturb, vex or annoy others, by shouting, singing, or by making any other noise, in, or in front of any premises, the design of which is to attract the attention of passersby, or to advertise any business or amusement. Whoever shall by himself, his agent or servants or employe violate any of the provisions of this section, shall be fined not less than three dollars and not more than one hun- dred dollars for each 'offense. 782. Draymen's report.] § 16. Every drayman, truckman, teamster or other person, who shall carry, transport or remove the household goods of another person from any place within the corj^orate limits of this city to any other place therein, or to any place of storage, or to any railroad station within said corporation, shall, within eight hours after such carriage, transportation or removal, make a report to the chief of police, stating therein the place from, and the place to which, such removal is made, together with the name of the owner of the goods transported. Any person, firm or corporation failing to make such report, at the time, and in the manner above men- tioned, shall be fined not less than two dollars nor more than fifty dollars for each offence. 783. Drunkenness.] § 17. Whoever shall be drtmk or shall be in a state of intoxication in any public place, or in any private house or place, to the annoyance of any person, shall be fined not less than two dollars, nor more than fifty dollars. 250 GENERAL ORDINANCES 784. Firing cannon, etc.] § 18. Whoever shall, in any part of the city, lire or discharge any cannon, anvil, gun, pistol, toy pistol, cap cane, or other firearms, or shall set off, fire or explode any torpedo, fire-cracker, fire-ball, rocket, or other fire-works what- ever, or shall make or kindle any bonfire, shall be subject to a penalty of not less than three dollars nor more than one hundred dollars; Provided, the discharge of fire-arms by any city officer, or other person in the discharge of any legal duty, shall not be deemed a violation hereof. 785. Fireworks.] § 19. No person, firm or corporation shall, within the city limits sell, offer for sale or have in his or its possession or custody, any fire works, fire crackers, torpedoes, roman candles, sky rockets, toy pistols, cap canes or other fire works, or pyrotechnic display, under a penalty of not exceeding one hundred dollars for each and every offence. 786. Gaming.] § 20. Whoever shall play for money or other \-aluablc thing, at any game with cards, dice, checks, or at billiards, or with any article, instrument or thing whatsoever, which may be used for the purpose of gaming, or shall bet on any game others may be playing, shall be fined not less than ten dollars and not ex- ceeding one hundred dollars. 787. Gaming devices.] § 21. That, whoever, in any room, saloon, inn, ta\'crn, shed, booth or building or inclosure, or in any part thereof, operates, keeps, owns, rents or uses any clock, joker, tape or slot machine, or any other device upon which money is staked, or hazarded, or into which money is paid or played upon chance, or upon the result of the action of which money or other valuable thing is staked, bet, hazarded, won or lost, upon conviction shall be fined not less than twenty-five dollars nor more than two hundred dollars: Provided, that nothing herein shall operate to prevent the seizure, confiscation or destruction thereof as elsewhere provided. 788. Destruction — procedure.] § 22. That whenever any table, instrument, de\-icc or thing used for the purpose of unlawful gaming is seized by any member of the police force while the same is being actually used for the purpose of unlawfully gaming for money or other valuable thing, at and within the corporate limits of this city; or whenever any such tabic, instrmiient, device or thing shall be seized under and' by virtue of any search warrant issued as provided in and by the ordinances of this city, the same shall be immediately brought by the officer so seizing the same, before the police magistrate of this city, whereupon the question of whether or not such property is being used unlawfully for the purpose of gaming for money or other valuable thing shall be determined as nearly as may be in the manner following : GENERAL ORDINA.NCES 251 If such property was seized without a warrant, the officer seizing the same shall make complaint in writing, verified by his affidavit, particularly describing the property, alleging the use to which it has been put, and the place where, and the person from whom taken, and if the name of such person be unknown, the complaint shall so state. When such property is brought before him, said police magistrate shall docket the case as follow^: "In the matter of certain personal property alleged to be unlawfully used for gaming," and by an entry upon his docket shall also describe the same, and inention the place where, and the person from whom the same was taken. Thereupon a summons shall issue as in civil suits, directing the owner, by name, if known, and the person in possession, by name, if known, or if in either case it be unknown, then by that designation, to be and appear before the said police magistrate at an hour and on a day to be there- in fixed, not less than three (3) nor more than five (5) days thereafter, to claim the said property, or to defend the same against the charges made, which said summons shall be served by reading at least two days before 'the time set for the hearing. If neither the owner nor the person in possession can be found within said city to be served with said smnmons, or if the names of both of them be unknown, then upon the return of such summons a notice shall be posted in three (3) public places of this city notifying all persons claiming such property to be and appear before said police magistrate at an hour and upon a day, to be therein fixed, not less than three (3) nor more than five (5) days thereafter, and then and there claim the said property and defend the same against the charges made, and that otherwise the same will be forfeited. Thereupon at the time fixed in the said summons, if the same be personally served, or otherwise, at the time fixed in such notice, the said police magistrate shall proceed to a hearing upon the ques- tion of whether or not such property is being put to such unlawful use as alleged, which hearing shall be conducted as nearly as may be in manner and fonn as hearings in civil cases are conducted before justices of the peace under the statutes of this State. And if it be adjudged that such table, instrument, device or other thing is unlawfully used for the purpose of gaming for money or other valuable thing such police magistrate shall enter his finding upon his docket, and shall also enter an order directing the Chief of Police or any or all other members of the police force to destroy the same by publicly burning the same. 789. Penalty.] § 23. Any person resisting or obstructing any police officer in the seizure or destruction of any gaming implement, or whoever shall keep or suffer to be kept in any place occupied by him, any im])lements such as are used in gaming, in order that the 252 GENERAL ORDINANCES same may for hire, gain or reward be used for the purpose of gaming, or whoever suffers any implement of that kind to be used upon his premises or any part thereof, for the purpose of gaming for money or other property, shall be fined not less than twenty-five dollars nor more than two hundred dollars. 790. Gaming house.] § 24. Whoever shall keep or maintain any gaming house or room, or any place where gaming or betting of any kind is done or going on, or whoever shall procure or permit any persons to come together in any house, rooms or place occupied or owned by him, or under his control, for the purpose of playing at any game for money or other valuable thing, or anything repre- senting or intended to represent money or other thing of value, or shall permit any such persons to play at any such game aforesaid when they have come together in any such room, house or place as aforesaid, or whoever shall keep or permit to be used in any building, room, yard, or place occupied, controlled or owned by him, or shall have in his possession any keno or faro table, faro bank, roulette or other gaming implement, instrument, device or thing commonly used for the purpose of gaming, shall, in either case, be fined not less than twenty-five dollars, nor more than two hundred dollars. 791. Gaming houses — inmates.] § 25. Whoever shall be an inmate of any gaming house, or any room or place kept for the pur- pose of gaming, shall be fined not less tkan ten dollars nor more than one hundred dollars for each offense. 792. . House of ill-fame.] § 26. Whoever shall keep or maintain any bawdy house, house of ill-fame or of assignation, or any room or place for the practice of prostitution within said city or within three miles from the outer boundaries thereof, or shall knowingly suffer or pennit .any premises owned or occupied by him or under his control within said city or within the limits aforesaid, to be used for that ]3urpose, shall be fined not less than twenty-five dollars, nor more ihan one hundred dollars. 793. Inmate of house of ill-fame.] § 27. Whoever shall be an inmate of any bawdy house, house of ill-fame, or any room or place kept for the purpose of prostitution, situated within said city, or within three miles of the outer boundaries thereof, or shall in any way contribute to the support thereof, or be connected therewith, or whoever shall be found therein, shall, for each offense, be fined not less than five dollars, nor more than one hundred dollars 794. Idling about depots.] § 28. Any person who shall idle, loaf, or loiter in or around the depot of any railway, or upon the platforms or grounds adjoining, used in connection therewith, and any person who shall idle, loaf, or loiter upon any fence upon said GENERAL ORDINANCES 253 grounds, in such a way as to impede or obstruct or annoy or be offensive to persons passing to and from said depot, or waiting there, shall be fined not less than three dollars nor more than fifty dollars. 795. Indecent exposure.] § 29. Whoever shall be guilty of open lewdness, disorderly conduct, or of any indecent exposure of person, or of any indecent exhibition of any animal in any place exposed to public view, or of any other notorious act of indecency, tending to debauch the public morals, shall be fined not less than five dollars nor more than one hundred dollars. 796. Leasing premises for gaming.] § 30. Whoever shall knowingly rent or lease to another any building, room or premises, to be used or occupied, in whole or in part, as a gaming house, or place for persons to come together and gamble, or whoever shall knowingly permit the same to be so used, shall be fined not less than ten dollars nor more than two hundred dollars. 797. Leasing premises for prostitution.] § 31. Whoever shall knowingly rent or lease to another an}' building, room or premises, to be used in whole or in part, as a house of ill-fame, bawdy house or place for the practice of fornication or adultery, or whoever shall knowingly suffer or permit the same to be so used, shall be fined not less than ten dollars nor more than two hundred dollars. 798. Loitering of boys about churches.] § 32. It shall be un- lawful for boys to loiter or congregate upon the streets, sidewalks or alleys of this city in the vicinity of any church, school, theater, hotel, railroad depot, store, factory or other public place, to the annoyance or disturbance of any person or persons. Any two or more boys who shall be loitering or strolling about the streets or alleys, or who shall congregate upon the streets, sidewalks, or alleys of the city in the vicinity of any such church, school, theater, hotel, railroad depot, store, factory or other public place, and who shall refuse to disperse and go to their respective homes when requested to do so by any member of the police force or by any person annoyed thereby, shall, upon conviction, be fined not less than one dollar, nor more than ten dollars for each offense. 799. Loitering about school buildings.] § 33. Any person who shall idle, loaf or loiter, in and around any school building, or upon any part of said school building or grounds adjoining used in con- nection therewith, shall be fined not less than three dollars nor more than fifty dollars for each offense. SCO. LoiterLig on streets forbidden.] § 34. No minor, under the age of sixteen years, shall, after the hour of nine o'clock p. m., from April 1st to November 1st, nor after the hour of 8 o'clock p. m., from November 1st to April 1st, next following, loiter, wander or 254 GRNKRAL ORDINANCES stroll about in the ni^ht, on anj' of the publie streets, avenues, alleys, lanes, coininons, or in the public parks of said city, or upon any depot grounds or building or other public place, unless upon some lawful errand, and sent by the direction and with the knowledge and consent of the parent, guardian or other person having the legal custody and control of such child, under a penalty of not less than one dollar nor more than twenty-fi\-e dollars. 801. Loitering of prostitutes on streets.] § 35. Any lewd woman or prostitute who shall in any manner ply her vocation upon the streets," alleys, ptibHc places or parks of said city by loitering or in any manner soliciting to acts of lewdness, or who shall be found loitering on the streets during the night time, shall, upon conviction, be fined not less than three dollars nor more than one hundred dol- lars for each oiifense. 802. Lotteries.] § 36. Whoever shall maintain or run or be in any way connected with any lottery, or in any other enterprise or business, by whatever name the samje may be known, wherein any property is sold or disposed of by chance, or whoever shall sell or dispose of any lottery ticket or share or any chance, or any article or thing entitling or purporting to entitle the purchaser thereof to any chance, or whoever shall sell or dispose of any package or article purporting to contain a prize, or where as an inducement it is held out that such article or package may contain a prize or may entitle the purchaser to som.e article or thing of value not directly contem- plated and 'known in the purchase, shall be fined not less than ten dollars nor more than two hundred dollars for each offense. 803. Malicious mischief.] § 37. Whoever shall wilfully and maliciously tear up, injure, deface or destroy any sidewalk, curbing, street paving, or crossing upon any street, alley or public ground; or any fire-alarm, or sewer, drain, or any other municipal improve- ment; or any building or bridge, or any other property, real or per- sonal, belonging to the city; or any propert}^ used in any business impressed with a public interest and usually designated as a public .service corporation, viz: water works, gas, electric light, telephone, street railway or steam heating companies; or who shall maliciously and wilfulh^ interfere or meddle in any way with the operation of any such business as before enum.erated, shall, in either case, be fined not less than ten dollars nor more than two hundred dollars. 804. Obscene books.] § 3- without asking consent, which may be given by the mayor, if for twenty-four hours or less; and by the city council, if for a longer period. 835. Duties of city clerk.] § 11. The city clerk shall keep the corporate seal and attest all papers therewith as required by law; he shall attend all meetings of the council and keep a full and true record of its proceedings; shall keep a set of books which shall exhibit all appropriations and expenditures and all financial transac- tions of the cit}'; and shall make monthly reports of the financial condition of all departments; shall preserve all papers, files and documents of every natiu-e, including all bills, arranging the same methodically and systematically, so as to be easily referred to; shall issue and keep a record of all warrants ordered by the council and of all licenses issued; shall act as the disbursing agent of all pay-rolls of the various committees; he shall record and publish all ordinances, and shall perform such other duties as natiirally pertain to said office and as directed by the city council. 836. Duties of treasurer.] § 12. The treasurer shall receive all moneys belonging to the city and shall keep a separate account with each fund and appropriation; he shall keep true accounts and records, fully itemized, of all warrants redeemed and paid by him, and shall render to the council a verified report, at the first regular meeting in each month, of all of his official transactions for the pre- ceding month. 837. Duties of city collector.] § 13. The city collector shall execute all warrants for the collection of special taxes and special assessments for local improvements, and shall keep a full, .true and itemized account and record of all moneys received on the same, indicating proper releases upon such record for all payments made; and shall make report to the council once a month as above specified, paying over to the treasurer all moneys collected; and^hall on or before the first day of April, in each year, make report under oath in writing to the county treasurer of all the lands, town lots and real property on which he has been unable to collect special taxes ard special assessments, or any installment .thereof, matured and payable or interest thereon, and interest due to the preceding second day of January on installments not yet matured, on all warrants in his hands, with the amount so due. in manner and form as required by the statutes in such case made and pro\Hded. GENERAL ORDINANCES " 263 838. Duties of city attorney.] § U. It shall be the duty of the city attorney to prosecute all suits for the recovery of fines or penalties, before any- court, for the violation of any of the laws or ordinances of said city, to furnish his written opinion upon any legal question submitted to him for such opinion by the city council, and to attend all meetings of said council, when requested so to do; and he shall also make any reports concerning . any suits to which the city may be a party, whenever directed so to do by the council. He shall also- assist the corporation counsel in all suits brought against the city or any of its officers whenever called upon so to do, and when there is no corporation counsel he shall perform all the duties of that office. 839. Duties of corporation counsel.] § 15. The corporation counsel shall attend the meetings of the council, shall draft all ordi- nances, shall furnish opinions, orally or written, as requested by the council, on any legal question concerning the rights or Habilities of the city, shall advise the officials of the city with reference to their duties, and shall draw all contracts and bonds, and conduct all legal proceedings in behalf of the city in which the city is interested, directly or indirectly, pending in any court of record, and shall pass upon all fee bills of officers and courts and the liability of the city therefor. 840. Duties of city electrician.] § 16. The city electrician shall have charge of the fire alarm and of all electrical apparatus belonging to the city, and shall keep the same in good working order; he shall exercise a supervision over all telegraph, telephone, electric light and power wires and apparatus set or strung in any street, alley or public ground, to see that the same are safe, and so as to prevent injury in case of accidental breaking; and shall at the request of the commissioner of buildings examine and report upon any plans for wiring or lighting any building in the city, and shall examine and report upon the work while in progress ; and shall from time to time report to the city council any dangerous construction or condition of electrical wiring or appliances he may discover; and shall also notify the 'owner or person in possession of such dangerous construc- tion to put the same in a safe and secure condition, and shall serve as a fireman. 841. Duties of city engineer.] § 17. Whenever directed by the mayor or council the city engineer shall make out plans, speci- fications and estimates of any public work. He shall also superin- tend the construction, inspect and measure the material of all public work. He shall make surveys and establish grades and lines for streets and alleys and all public improvements. He shall also superintend all labor and work done in the street and alley and sewer departments, and keep the time and make out the pay-rolls 264 GENERAL ORDINANCES for the same. He shall also ])rcscrve a true and full record of all the matters transacted in his department, and pertaining to his. ofifice, which record shall be kept systematically and so as to be easy of reference. He shall have the custody of all tools and imj^lements belonging to the city, and see that the same are kept in proper rei)air and condition for use. He shall see that all streets, alleys, highways, walks, cross-walks, bridges, sewers, and all public grounds and parks, are kept in re])air and in a safe condition so as to avoid accidents. And shall perform such additional duties as are elsewhere prescribed, or which may be hereafter imposed by law or ordinance. 842. Annual report.] § 18. In addition to the monthly financial report above mentioned, every officer and head of a department shall, for the information of the council and all other city officials, annually make and file a report, covering in detail the transactions of his department, and also properly summarizing the same, for the fiscal year. 843. Salaries.] § 19. The salaries of all city officers are hereby fixed at the rate of the following sums per annum, payable semi- monthly, except the salary of the mayor, which shall be paid quarterly r Mayor' \ ' Sl,500 City Clerk 1,80Q Treasurer 500 Corporation Counsel 1,500 City Attorney 600 Engineer ] ,500 Commissioner of Health 000 Commissioner of Buildings (pavable solelv out of the fees of his office) \ " 1,200 Plum'iing Inspector 1,200 Chief of Police 1.500 Night Captain 1,200 Desk Sergeant 900 Turnkey 900 Policemen • . . . 900 Fire Chief 1,500 Asst. Fire Chief 1,200 Electrician Sc Dav Firemen . '. 1,200 Captain No. 1 . . ^ 1,020 Captain No. 2 1,020 Captain No. 3 1,020 Captain No. 4 *. 1,020 Captain No. 5 1,020 Captain No. 6 1 ,020 Firemen 900 Park Custodian (for time emploj^ed, per month) 60 GENERAL ORDINANCES 265 844. Compensation of aldermen.] § 20. Each alderman shall Tecei\'e the sum of three dollars for each session of the council attended by him, payable quarterly. 845. No salary while absent.] § 21. No salary shall be paid to any officer while he is al^sent from duty without leave, nor while he is suspended from office for his fault. Nor shall any salary be paid to any officer while he is in default or arrears to the city. 846a. Compensation of city collector.] § 22. The city collector shall receive for his services two per cent, on all money collected by him. CHAPTER XXII. ORDINANCES. 847. Old ordinances in effect.] § 1. All ordinances now in force shall remain in force until the ordinances hereby adopted be- come effective, viz: until thirty days after the date of the publica- tion of this revision in book form, and such revised ordinances shall operate as a repeal only to the extent of the conflict between such former ordinances and the present ones. 848. Fines not released.] § 2. No fine, forfeiture, penalty, right of action, suit, debt or other liability incurred, instituted or accrued before the date that these ordinances take effect, shall be released or discharged by the passage of these ordinances, but the same are hereby expressly reserved and excepted. 849. Construction of words.] § 3. In the construction of all ordinances now in force or which may be hereafter enacted, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council in adopting the ordinance, or repugnant to the context of such ordinance, or violative of some principle of law, viz : First — All general provisions, terms, phrases and expressions shall be liberally construed in order that the intent of the council may be fully carried out. Second — Words in the present tense include the future. Third — Words importing the singular number may extend and be applied to several persons and things, and words importing the plural number may include the singular. Fourth — Words importing the masculine gender may be applied to females. 266 t-.ENERAL ORDINANCES Fifth — The word "person" or "persons," as well as all words re- ferring:; to or importing' persons, may extend and be applied to bodies politic and corporate as well as individuals. Sixth— The word "month" shall mean a calendar month. 850. General penalty.] § 4. In all cases where any act is prohibited 1)\- any ordinance of this city, and whenever any pro- vision of any ordinance is violated, where no other fine or penalty is provided, a breach thereof shall subject the oflfender to a penalty of not less than five dollars nor more than one hundred dollars for each o (Tense. CHAPTER XXIII. PARKS. 851. Custody.] § 1. The committee on public buildings and grounds shall have charge and supervision of all public parks, and shall look after the preservation, repair and improvement of the same. Such committee shall have charge of all licenses and con- cessions for stands and the like. 852. Misdemeanors.] § 2. It is declared to be unlawful within any public park to post or otherwise affix any bill, notice, sign or advertisement to any tree, fence, bridge or structure of any kind; or to place stones, rubbish or garbage of any kind therein, or to turn put or graze any domestic animal therein; or to bathe, or drive any animal into the waters of such park; or to light any fires, or to injure, deface or destroy any tree, fence or buildings; or to hitch any horse or other animal to any tree ; or to sell or offer for sale any article or thing without license; or to conduct any exhibition or show without license, under a penalty, for each oftense, of not less than three dollars nor more than one hundred dollars. 853. Park custodian.] § 3. For each park, a custodian shall be appointed by the m.ayor, subject to confirmation by the council, for the tenn of six months each year, beginning May 15, w'ho shall have the powers of a policeman, and shall see that the park is kept clean and in good order, and that the ordinances and regulations relative- to such park are observed and enforced. CHAPTER XXIV PLATS. 854. Additions to correspond with established streets.] § 1. Everv addition to the citv, or subdivision hereafter made of any GENERAL ORDINANCES 267 lands in the cit}', shall be so laid out, surveyed and platted that the streets and alleys therein shall correspond with the previously estab- Hshed streets and alleys, so as to continue the same in uniform line and width. 855. Submission of plat to council.] § 2. A map or plat of each addition or subdivision, made by a competent surveyor, signed and acknowledged by the owner; setting forth all the streets, alleys, common or public grounds, also the names, widths, courses and extent thereof; gi^ang also the size of the lots and their numbers; fixing the location by some definite monument, shall be filed with the city clerk, by the owner, for approval by the city council, before being filed for record in the recorder's office. 856. Certificate of approval.] § 3. If the council approves such map or plat, a certificate of such approval shall be endorsed thereon, signed by the mayor, and attested by the city clerk by his signature and the corporate seal. 857. Penalty.] § 4. Whoever shall sell or offer for sale, or lease for any term exceeding five years, any lot or block or parcel, of land in this city, or in any addition or subdivision thereof, or whoever shall file for record with the recorder of deeds of this county, any map or plat of any addition or subdivision of any lot or block, before all the requirements of this ordinance have been fully complied with, shall be fined not less than twenty-five dollars nor more than one hundred dollars. CHAPTER XXV. PLUMBERS AND PLUMBING. BOARD OF EXAMINERS. 858. Certificate.] § 1. Any person desiring to engage in or work at the business' of plumbing in the city of Danville, either as a master plumber, or employing plumber, or a journeyman plumber, shall obtain a certificate from the board of examiners as hereinafter ]jrovided for, or froin some other similarly constituted board in the State of Illinois, which certificate shall be revocable by said board for good cause shown 859. Examining board.] § 2. There is hereby created a board of examiners of plumbers. It shall consist of three members, one of whom shall be the chairman of the committee of health, who shall be ex-ofhcio chairman of said board of examiners; a second member 26(S GENERAL ORDINANCES who sliall be a master plumber, and a third member who shall be a iournevmait ])lumber. Said second and third members shall be appointed by the mayor, and approved by the eity council on the first day of May, annually, or as soon thereafter as may be, and shall hold office, for the term of one year, and until their successors are appointed. 860. Quorum.] § 3. Two members of said board of examiners, the master and journeyman plumber, shall constitute a quorum for the transaction of business. The certificates must be endorsed by the full board. 861. Examination.] § 4. Said board of examiners shall, as soon as may be after the appointment, meet and shall then designate the times and places for the examination of all appHcants desiring to engage in or work at the business of plumbing within their respective jurisdiction. Said board shall examine said appli- cants as to their practical knowledge of plumbing, house drainage and ]3lumbing ventilation, and if satisfied of the competency of such applicants shall thereupon issue a certificate to such applicant au- thorizing him to engage in or work at the business of plumbing whether as master plumber or employing pluinber or as a journey- man plumlDcr. 862. Fees.] § 5. The fee for a certificate for a master plumber or employing plumber shall be $50.00; for journeyman plumber it shall be $1 .00. Said certificate shall be valid and have force through- out the State for a period of one year from date of issuance, and may be renewed upon its expiration by payment, in advance, of an annual renewal fee of $10.00 for the certificate of a master plumber or em- ploying plumber, and the payment, in advance, of an annual renewal fee of 81.00 for the certificate of a journeyman plumber. All fees received for said certificate shall be paid into the treasury of the city, town, or village where said certificates are issued. 863. Meetings.] § 6. The board of examiners of plumbers shall meet on the second Tuesday of each and every month at the office of the plumbing inspector. 864. Renewal annually.] § 7. Master and journeyman plum- bers' certificates must be renewed May the first, each year, but no charge will be made for issuing such renewals. PLUMBING INSPECTOR AND PERMITS. 865. Inspector.] § 8. There is hereby created the office of plumbing inspector, who shall be appointed by the mayor, by and with the consent of the city council, at the first regular meeting of the citv council in the month of May, annually, or as soon there- GENERAL ORDINANCES 269 after as may be, and shall hold office for one year and until his suc- cessor is appointed, and qualified. He shall be a journeyman or master plumber, holding a plumbers' license issued by some quali- fied board of examiners in the State of Illinois, and shall have not less than five (5) years' experience in the business of plumbing. 866. Not to be interested — removal.] § 9. Said plumbing inspector shall not be engaged in the occupation of plumbing or be interested, directly or indirectly, in any firm or corporation engaged in the business of plumbing, during his term of office. He may be re- moved for cause in the same manner as any other appointive officer. 867. Duties and powers.] § 10. The plumbing inspector shall have the authority of a policeman of the City of Danville. He shall be charged with the enforcement of this ordinance, and shall have the power to act in all special cases not distinctly cov-ered by this ordi- nance. He shall be superintendent of all the sanitary sewers. His duties will be to look after the flush-tanks and see that they are kept in working order. He shall have charge of all papers relating to this ordinance, the issuing of permits, the approval of drainage plans, and the inspection of house drainage in new or old buildings. He shall keep a daily record of his work. He shall make a written report to the city council at least once a month, give a synopsis of the year's work, and making such recommendations as seem to him valuable for the improvement of sanitary house drainage and plumbing. He must see that every plumber working at the business, either as a master or a journeyman plumber, has a certificate from the board of examiners. He shall have an office in the city hall, or at some other place designated by the city council. His books and records shall at all times be open for inspection by the mayor or other members of the city council. 868. Inspections.] § 11. The plumbing inspector shall have access during all hours of the day-time to all buildings in the City of Danville for the inspection of existing systems of drainage, and shall be given every opportunity for a careful examination. If the same is unsanitary — that is to say, is dangerous to health, it shall be condemned, and the building made sanitary within six days after notice is given in writing. Failure on the part of the owner to make such changes as will render said drainage or pluinbing sani- tary shall subject the ofi'ender to a fine of not less than five dollars nor more than one hundred dollars 869. Fiats.] § 12. When inspecting the drainage of any existing building the inspector shall make a plat of the same, to be filed in his office, v/ith the date and location marked where changes arc to be made. Such plat shall show the proposed changes. 270 GENERAL ORDINANCES 870. Fees for inspection.] § 13. The inspector shall inspect the system of drainai^e in an}' buildins; in the City of Danville when called upon by the owner to do so. The fee" for such inspection shall be one dollar ($1.00). He shall also inspect any building whatsoever if called upon by tenant or an adjoining owner in writing, and in such cases, if the drainage is in a sanitary condition, no fee shall be charged; but if unsanitary, the said drainage shall be re- modeled as ordered elsewhere in this ordinance, and a fee, of the same amount as above, shall be charged to the owner of the premises for inspection. 871. Certificate of inspection.] § 14. The plumbing inspector shall make three ins])cctions on work in process of construction, and give a certificate of inspection when found to be in accordance with this ordinance, viz: First, sewer inspection; second, vent and waste pipes: third, when fixtures are set; and when called upon he shall also make tests for leaks. 872. Permit required.] § 15. A pcnnit for the drainage of any building, public or private, or for the alteration in existing systems of drainage shall be obtained from' the plumbing inspector before entering upon any work, whether new work or rep^air work, which permit shall be good for one year from date of issue. If work is not completed within that time, the permit shall be returned and a new permit issued. Permits for connecting with a sewer or tapping same shall be obtained from the plumbing inspector. Per- inits w^ill be granted within twenty-four hours. All permits shall be returned within twenty-four hours of conij^letion of work. All permits shall be issued in duplicate form and numbered consecu- tively, and dated. One copy shall be kept on file in the ofhce of the plumbing inspector. 873. Fees for permit.] § 16. The city clerk shall collect the following fees for all permits granted, to be turned into the city treasury, viz. : For each application for a permit in a new building, or for alter- ation of existing plumbing, the charges shall be fifty cents per fixture, the word "fixture" being here meant to include all openings left for waste or ventilation pipes, whether fixtures are set or not. 874. Plans for plumbing.] § 17. Before the construction, reconstruction, alteration or repair of any portion of the plumbing and drainage system of any building is begun, where there are l^lans and specifications, of the work proposed to be done, they shall be presented to the plumbing inspector by the owner or agent of the property, and when there are none a description in writing shall be given. Such plans, specifications and descriptions, after examina- tion, shall be m.arked "approved" if found to conform to this ordi- GENERAL ORDNANCES 271 naiice, or if found not to confonn, shall be marked "rejected" and returned to the owner. Applications for changes in a permit must be made in writing, and the original permit returned for correction or the issuing of a new permit. No material deviation from the permit and approved plan shall be allowed. PLUMBING STANDARDS. 875. Requirements.] § 18. All plumbing and drainage work hereafter constructed, whether new work or repairs, shall conform substantially to the standards hereinafter created, the observance of said standards being deemed, material as a sanitary measure for the preservation of public health, and it is hereby declared to be unlawful to erect, construct, remodel or repair any plumbing or drainage, except in conformity with such standards. HOUSE DRAINAGE, SEWERS, ETC. 876. Street connections.] § 19. Each house shall be separately and independently connected with the sewer, where one is provided. If there is no sewer in the street or alley, a private sewer may be constructed when plans for the same are approved by the city council. 877. Material and slope.] § 20. The main sewer drain, when five (5) feet or more from the building, shall be of cylindrical vitrified tile of the best quality, free from splits and imperfections. Spigot and hub ends to be concentric. It shall not be less than four (4) inches inside bore and three-fourths (f) inch thick; it shall slope uniformly one-fourth (J) inch or m.ore to each foot of run from the building to the sanitary sewer; it shall rest on a smooth and solid bottom, with the ground hollowed out for the hubs and the soil ramined in on each side of the pipe; all changes in direction shall be made with long curves or bends; short bends and Ts will not be allowed; the joints shall be made tight with equal parts of Portland cement and sand, mixed dry and enough water added to give consist- ency; the cement shall be rrdxed in small quantities and used im- mediately; no re-tempered cement shall be used, all joints shall be cleaned out on the inside of pipe with a swab. 878. Inspection.] § 21. The trench shall be left uncovered until approved by the plumbing inspector, who shall make said in- spection within three (3) hours after notification. 879. Iron pipes.] § 22. When the slope of one-fourth (J) inch to each foot of run cannot be obtained, or when the ground is . newly made ground or of a yielding nature, and also for that part of the house sewer which is under the building and extending five (5) feet outside the wall line, the sewer shall be constructed of material similar to that required for the soil ]3ipes; no ii'on sewers shall be 272 GENERAL ORDINANCES permitted with less slope than one-ei(i;hth (|) inch to the foot. Where pipes run by wells, they should be cast iron, caulked with lead for not less than ten feet on each side. 880. Soil pipes.] § 2d>. Vertical soil pipes shall be of cast-iron, four (4) inches inside diameter, coated while hot, inside and outside, with asphaltum or tar; they shall extend through the roof not less than two (2) feet; if receiving the discharge from more than five (5) water closets and five other fixtures or their equivalent, they shall be increased in size to six (6) inches; soil pipes through roof must not open within fifteen (15) feet horizontally of any window, door or opening; no cap or cowl shall be allowed; the main soil pipe shall be run with as few offsets as possible; offsets shall be made with one- eighth (I) bends or offset fittings; the pipes shall be left exposed until tested ; where the base of a soil-pipe stack turns through the wall to connect with the sewer, the change in direction shall be made with a Y and one-eighth (|) bend, using clean-out plug in end of Y; the joints shall be made with picked oakum and lead ; one pound of lead shall be required for each inch of diameter of pipe. Wrought iron or steel pipes to be the best quality, galvanized wrought iron or mild steel, screw jointed pipe of standard weight and thickness. Ends of all wrought iron or st^eel pipe shall be reamed out before made up into fittings. Fittings for galvanized, wrought iron or steel, soil and waste piping, to be cast-iron, recessed and beaded, screw- jointed drainage fittings, free from fins and burrs. Long radius fittings are to be used, and the consent of the plumbing inspector is to be obtained before any short-radius fittings are in- stalled. All joints between wrought iron or steel pipe to be screw joints. All screw joints to be made with red lead and boiled linseed oil or other approved compound applied on piping, and not more than three threads on the finished joint are to remain exposed. All union connections on wrought iron pipe 2^ inches and larger to be made with flange unions. Gaskets to be standard, first quality, steam rubber packing not less than | inch thick. All union connections on wrought iron pipe 2 inches and smaller to be made with all-brass, heavy pattern unions, having ground joints. No malleable iron or combination unions, long screws, or other packed joints will be permitted. Waste pipes from kitchen sinks when using wrought iron or steel galvanized pipes, shall in no case be smaller than 2 inch pipe, and the waste-pi] )e of any fixture not less than \\ inch pipe. 881. Waste pipes.] § 24. Vertical waste pipes shall be two (2) inches in diameter unless receiving the discharge of more than ten fixtures; they shall then be increased one inch for each five or less additional fixtures; in other respects the waste pipes shall be similar to the soil pipes. GENERAL ORDINANCES 273 882. Weights of iron pipes.] § 25. The pipes shall be uniform in castings, sound in all respects, and shall weigh not less than — Two inch pipe, 5| pounds per foot. Three-inch pipe, 9| pounds per foot. Four inch pipe, 13 pounds per foot. Five-inch pipe, 17 pounds per foot. Six-inch pipe, 20 pounds per foot. Seven-inch pipe, 27 pounds per foot Eight-inch pipe, 33 pounds per foot. AH connections and fittings shall correspond with the above in weight. 883. Traps.] § 26. Each fixture connected with the drainage system shall be separately and effectively trapped; traps shall be placed not more than one foot from the inlet of the fixtures. They must have some means of clean-out exposed to view and easily ac- cessible, and shall have a perfectly smooth interior; in case of bath tubs, a four (4) inch drum trap shall be used, with a flanged-top flush with the floor; a grease trap shall be used in connection with kitchen sinks, or any fixtures where grease is deposited; all traps shall be protected from siphonage by using vent pipes. Re-vent pipes shall not be less than the diameter of the waste pipe for branches and two (2) inch for vertical pipe; in no case will the branch for a fixture be allowed to be taken out of the vertical vent pipe on a line with the crown of the trap; each trap shall have a separate arm dropping down on it, using short lead connection, and brass soldering nipple to be joined with wiped joint; if more than five (5) fixtures are re-vented from one pipe, the re-vent pipe shall extend up through the roof; if less than five (5) fixtures discharge into the vertical pipe, the re-vent pipes may be connected into the main soil pipe-stack five (5) feet above the highest fixture; no re-vent pipe shall be run so as to form a trap ; no traps used shall be re-vented when less than twelve (12) feet from the vented vertical stack; all re-vent pipes shall be of galvanized iron, lead or cast. Every building in which gasoline, naphtha, or other inflammable compounds are used, shall be provided with a special trap so designat- ed as to prevent the passage of such material into the sewer, and ventilated with separate pipe, rising to a point 2 feet above the roof. The waste pipe of every wash stand for vehicles shall be provided with a sand trap of sufficient capacity. 884. Wiped joints.] § 27. All joints on lead pipes shall be wiped joints; ferrules to bs caukled into hub with lead and oakum; joints between lead vents and galvanized iron vents shall be made with brass soldering nipples; joints between lead and brass shall be wiped joints. 274 (iENERAI. ORDINANCES 885. Weight of lead pipes.] § 28. When lead pipe is used for waste or \'enl pipes it shall have a weight of not less than speeified as follows: 1-inch pipe, 2 pounds per lineal foot 1 5-inch pipe, 2^ pounds per lineal foot l|-inch pipe, 3^ pounds per lineal foot 2-inch pipe, 4 pounds per lineal foot 3-inch pi])c, 5 pounds per lineal foot 3|-inch pipe, 6f pounds per lineal foot 4-inch pii^c, 8 i)ounds per lineal foot. 886. Overflow and drip pipes;] § 29. Waste pipes from re- frigerators or receptacles in which provisions are stored or chilled shall waste into open trays, in plain sight, below the same; the waste pipes from such trays shall discharge into open sinks, properly trapped or on the ground outside of the building, in plain sight. 887. Sub-soil pipes.] § 30. The sub-soil drainage pipes under cellar or elsewhere shall, if connected with the sewer, discharge into a water-tight basin; there shall be a running trap not more than one foot from sewer and a back water valve; this basin shall receive no other waste, 888. Drain connections.] § 31. Floor washes may be con- nected with sewer when the inlet of same is protected with a four (4) inch brass trap screw and running trap not more than one (1) foot from sewer; area drains may be connected with sewer when they have metallic strainer and' a four (4) inch trap and hand-hole protected from frost, preferably located in cellar; stall gutters and carriage washes shall discharge into cess pool trap with a strainer, and then into a catch-basin; the outlet of the catch-basin shall dip down six inches below the surface of the water: the catch-basin shall be two (2) feet or more in diameter, and shall hold two feet or more of water, and be built absolutely water-tight of Portland cement masonry or some other material equally as efficient for the purpose. 889. Fixtures.] § 32. No fixtures shall be boxed in or enclosed with .sheeting or doors. All shall be open plumbing. When old fixtures are removed for repairs they shall not again be boxed in. All fixtures except water closets shall waste through strong, fixed metallic strainers. All fixtures shall be non-porous and non-absor- bent. The overflow from fixtures shall connect with waste on house side of trap. 890. Water closets.] § 33. Water closets shall either be placed in rooms opening to outside air, or otherwise shall be connected with an eight by eight inch flue extending above the roof; water closets within the house shall be supplied from special tanks of five (5) gal- lon capacity or more and used for no other purpose: the flush pipe GENERAL ORDINANCES 275 shall not be smaller than one and one-quarter (Ij) inches in diameter; the trap shall be in the bowl, and above the floor with a large body of water exposed to view and sufficiently immediately to cover, and thus temporarilv disinfect and deodorize the excreta; such closets when placed more than six feet from the maiii soil pipe stack shall be re- vented with two (2) inch pipe from the lead bend under the floor; front or back washout closets shall be re-vented in all cases from the crown of the trap or re-vent horn; no closets requiring mechanical devices such as the plunger or pan closets shall be used in new work, and when such closets are removed for repairs they shall not be re- placed. 891. Out-door water closets.] § 34. When water closets are placed outside of buildings, they shall be separately trapped and flushed from a tank filled automatically with seat pressure; all shall be protected from frost and the part underground placed in a com- partment at least three (3) feet by four (4) feet by five (5) feet deep made of cement masonry; the enclosure to water closets shall be ventilated with slatted openings in doors and roof; the waste water from hopper cock shall be trapped and properly connected on inlet side of main trap. 892. Closure of openings.] § 35. If drainage pipes are put in for future use, they shall have all openings securely closed by solder- ing or caulking, so as to be perfectly tight. 893. Testing work.] § 36. When drainage system is com- pleted ready for the connection of fixtures, it shall be tested by closing all openings, and filling with water to the top. When the system will stand this test without showing any leaks for one hour, the plumbing inspector shall be notified, and he shall inspect the same, and if satisfactory, give the plumber a certificate of inspection. An alternate test with air pressure may be employed by the plumber at his option, at not less than ten (10) pounds per square inch, using a mercury test set. 894. Penalties.] § 37. Any person violating any provisions of this ordinance shall be deemed guilty of a misdemeanor and be subject to a fine of not less than five ($5.00) dollars nor more than fifty (S50.00) dollars for each and every violation. CHAPTER XXVI. POLICE. 895. Officers.] § 1. The mayor shall, by and with the con- sent of the council, at the beginning of each fiscal year, appoint a chief of police, night captain, desk sergeant, turnkey, and such 276 GENERAL ORDINANCES number of patrolmen and i^ark custodians as may be lawful!}' pro- vided for, each of whom shall give bond in the sums elsewhere mentioned, shall take the oath prescribed by law, and shall receive the compensation fixed by ordinances, and each of whom is charged with the preservation of the peace, order, safety and cleanliness of the city, and with the duty of protecting the rights of persons and property and of enforcing the ordinances of the city, and all orders of the city council. Such appointments shall expire with the fiscal year, except that the officer shall hold his office until his successor is duly appointed and qualified 896. Duty of mayor.] § 2. The mayor as the chief executive officer of the city shall exercise a general stipervision over this de- partment and the officers therein, and shall see .that they are prompt and efficient in the discharge of their duties, and he shall from time to time take such measures as shall be deemed necessary to preserve the peace and good order of the city, and the prompt and efficient enforcement of the law's and ordinances. 897. Chief of police.] § 3. The chief of police shall be the highest in rank of the police force, and subject to the mayor and coun- cil, shall control and direct the same. He shall assign to all the officers under him their different beats and their respective hours of duty, and shall direct them in the discharge of their duties. He shall, with the approval of the mayor and committee on police, pre- scribe such rules as may be reasonably necessary to the discipline and efficiency of the service. He shall attend the sessions of the city council. He shall have custody of the property of the city be- longing to this department. From the records of the department he shall make monthly reports to the council, setting forth fully all the doings of his department for the preceding month. 898. Night Captain.] § 4. The second in rank in the depart- ment shall be the night captain, who shall have charge of the force and be on duty at night, and shall control and direct the same sub- ject to the mayor, council and chief of police. In the absence of the chief, he shall perfonn the duties of that office. 899. Desk sergeant.] § 5. The desk sergeant shall be on duty in the da\' time at the city building and shall keep the police record, which shall be a substantial record book, and in which shall be kept a full and true record of all persons arrested, the charge preferred, the hour of the arrest, the name of the officer making it, the disposition made of the case, the fine assessed, and the amount collected, if any, in money or by labor; and in such record shall be kept a full and true account of all moneys, valuables or property taken from any i^risoner; such officer shall be the custodian of all stolen property recovered; he shall attend the sessions of police court, GENERAL ORDI^:ANCES 277 shall look after the wants and necessities of the prisoners confined in the calaboose ; he shall have charge of all the work done by prison- ers in working out fines; he shall also assist the chief of police and police magistrate in the preparation of such reports as are required of them. • 900. Turnkey.] § 6. The turnkey shall be on duty in the night time and shall keep the police record and have charge of the city prison during the hours he is on duty, and shall perform sub- stantially the same duties as those of the desk sergeant. 901. Patrolmen.) § 7. The parolmen, when on duty, shall devote their entire time and attention to the discharge of the duties of their office; they shall observe all the rules and regulations of the department, and shall to the best of their ability preserve order, quiet and peace throughout the city, and shall enforce the laws of the state, and the ordinances of the city. They shall report to the chief all persons known or suspected to be gamblers, and all houses or places suspected of being gaming houses, houses of ill fame, and the like. When it shall come to the knowledge of any policeman that an offense has been committed he shall cause complaint to bejmade and the proper witnesses to be subpoenaed and evidence procured for the successful prosecution of the offender. 902. Special police.] § 8. On the petition of any person interested, the mayor, by and with the consent of the council, may appoint any qualified person as special policeman without pay, who shall hold for a term not beyond the fiscal year, and shall qualify and give a like bond as a regular policeman: Provided, also, that the mayor may, when any emergency so demands, appoint temporary policemen, who shall give like bond and take a like oath as regular policemen, but who shall in no event hold office longer than until the next regular meeting of the council; the pay of such temporary police shall be two dollars and fifty cents per day. 903. Power to arrest.] § 9. All police officers shall arrest any person found violating any State law or city ordinance, when such violation is committed in the presence of the officer; and when an offense has been committed, but not within the knowledge of the officer, and there is reasonable ground to believe that the person accused has committed it, such officer shall forthwith cause proper complaint to be made, and cause a warrant to issue for the arrest of the accused. 904. Search warrant.] § 10. Where any officer has reasonable cause for belief that personal property stolen, embezzled or obtained by false pretenses; or any counterfeit money, or tools or material for making same; or any gaming implements, are contained in any 278 GENERAL ORDINANCES house, buildino;, apartment, room or place, it shall be his duty to swear out a search warrant, as is provided by the statute of this State. 905. Neglect of duty.] § 11. Any mcml^er of the i^ohce force who shall nej^lcct or refuse to perform any dut}' required of him, or who shall in the discharge of his official duty be guilty of any fraud, extortion, oppression, favoritism, or wilful wrong or injustice shall be subject to a penalty of not less than five dollars nor more than one hundred dollars. 906. When disabled to receive salary.] § 12. Any member of the police department rccci\-ing injury or becoming disabled while in the discharge of his official duties, so as to prevent him from at- tending to the same, may receive his usual salary for the period of not exceeding four inonths, provided his disability shall last that long. The fact of such disability and its duration shall be certified to by his attending physician, or such other evidence thereof produced as the mayor or council may require. 907. Causes for removal.] § 13. Any member of the police force who shall be guilty of any of the following offenses may be removed from office, viz. : First — Disobedience to orders of his superior officers. Second — Intoxication. Third — Association with prostitutes, rowdies or gamblers. Fourth — Violent, obscene or abusive language to a superior officer, or to any citizen, resident or stranger. Fifth — Drinking intoxicating liquor while on duty. Sixth — Entering any saloon, gambling house or house of ill fame while on duty, except in. the discharge of the duties of his office. Seventh — Maltreatment of any person in custody. Eighth — Acceptance of any gratuity, gift, pay or reward from any person in custody, or after he shall have been discharged. • Ninth — Communicating any information which may lead to escape from arrest or punishment of any person charged with an offense. Tenth — Absence from duty without permission. Eleventh — Going to sleep on duty. Twelfth — Refusing to pay his just debts. 908. Drinking on Duty.] § 14. Any poHce officer who shall be guilty of drinking beer, whiske>-, wine, or any other intoxicating liquor while on duly, no matter from what source the same shall be obtained, shall, for the first oft'ense, be suspended from duty without pay for a i^eriod of not less than ten days nor more than thirty days. GENERAL ORDINANCES 279 and for the second offense shall be permanently discharged; and in the event of such discharge shall not be eligible to re-appointment for the period of one year after such discharge. 909. Treatment of prisoners.] § 15. All persons in the custody of any police officer shall be treated humanely, and if any officer shall unnecessarily assault, beat, abuse or otherwise maltreat any person in his custody, or shall knowingly suffer or pennit the same to be done; and if any officer shall supply any person in the calaboose, or in custody, with any intoxicating liquor for use as a beverage, or shall knowingly suffer or permit the same to be done; or shall be guilty of any improper conduct toward any female in custody, or knowingly suffer or permit others to be guilty thereof; or shall fail to supply any person in his custody with a sufficient quantity of whole- some food or drink, at reasonable and proper intervals, or with the necessary and proper bedding, shall, in either case, be subject to a penalty of not less than five dollars nor inore than one hundred dollars. 910. Trial of offenders.] § 16. Whenever any person shall be arrested for any offense, it shall be the duty of the police officer making the arrest, to take the prisoner to the police headquarters, and a record of the arrest shall be made in the book kept for that purpose. If any police magistrate is at his office, the prisoner shall be immediately taken before such magistrate, and if the city, and the prisoner are both ready, a trial may at once be had; but either party may have a continuance for a reasonable time to secure wit- nesses, or for other good cause shown; and the prisoner shall enter into a recognizance, with surety to be approved by the magistrate, for his appearance at the time of trial, and in default of such re- cognizance, he shall be confined to the city calaboose until the time fixed for trial, and until the further order of the court. 911. Prisoner drunk.] § 17. Whenever any person arrested for any offense shall, at the time of his arrest be drunk or intoxicated, the officer making the arrest shall take such person to the police headquarters and confine him in the calaboose until he shall become sober; and he shall then be taken before a police magistrate for trial as provided in other cases. 912. Arrest at night.] § 18. All prisoners arrested in the night time, or at any other times when no police magistrate's court shall be open, shall be taken to police headquarters, and a like record made as before provided, and the prisoner shall be confined in the city calaboose until the next morning, or until a trial can be had, or if arrested on Saturday night, or on Sunday, then he shall be confined as aforesaid until Monday morning, when the prisoner shall be taken before a police magistrate, or justice of the peace, and a trial had, or the case continued as provided in the preceding section. 280 GENERAL ORDINANCES 913. Bail.] v^ \9. Any person wlio mciy be arrested by, or in the custody of any officer, for the violation of any ordinance of the city, may release himself from custody or imprisonment by entering into bail or recognizance before such officer or before any police magistrate, in a sum double the amount of the maximum penalty for the offense for which he is arrested, with at least one good and sufficient surct}', and conditioned that he will appear before the police magistrate or court named therein, at the time named, and remain and answer the oft'ense with which he stands charged, and await his trial thereon, and not depart the court without leave. The bond or recognizance shall be filed with the magistrate or court named therein, by the ofificer taking the same, and if the offender shall fail to appear, or shall otherwise fail to comply with the con- dition thereof, the same shall be adjudged forfeited, and suit shall forthwith be brought thereupon against the 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. 914. Statement to be filed.] § 20. When any suit for vio- lation of any of the city ordinances shall be commenced by summons before any police magistrate, or iustice of the peace, the city attorney, any police or some other officer of the city, shall file a statement, signed by him, substantially as follows, viz: A. B., To the City of Danville, Dr.: To dollars, for a violation of the section (or sec- tions) of an ordinance of the City of Danville, entitled (here set forth the title of the ordinance), passed on the day of A. D. 19 , (or of the city charter, as the case may be), in this, to-wit: That the said A. B., on or about the day of A. D. 19 , before the commencement of this suit, did, at the city of Danville (or within the jurisdiction of said city), (here state the particular violation or violations complained of, as near as may be, in the langua<^e of the ordinance or the citv charter.) (Signed) C. D. 915. Arrest without warrant.] § 21. Whenever any person shall be lawfully arrested without a warrant, and brought before a magistrate for trial, no process shall be necessary, but the state- ment recjuired by the preceding section hereof shall be made and filed as therein ]:)rovided, and the magistrate before whom such person is brought shall enter the case on his docket as in other cases. 916. Officers as witnesses.] § 22. 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 wit- nesses to the court or to the city attorney. 917. Witness and jury fees.] § 23. Witnesses (except officers) and jurors attending before any police magistrate or justice of the GENERAL ORDINANCES ' 281 |)eace in any suit or action for any fine or penalty arising under the ordinances of the city shall, in case judgment is obtained against the offender, and collected from 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. 918. Malicious suits.] § 24. 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 inter- ests 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 complaint or prosecution was instituted maliciously or vexatiously, and without probable cause, judgment may be rendered against the complainant or prosecutor for the costs arising in the case, and execution issued for the collection of the same. 919. Commitment — labor.] § 25. Any person who shall be found guilty in any court of competent jurisdiction of a violation of any ordinance of the said city, shall, unless such fine and costs are paid, be committed to the prison of the said city, and for each day confined in said city prison, such person shall be allowed, exclusive of his or her board, the sum of fifty cents on account of said fine and costs: Provided, however, if such person shall perform work for said city (if work shall be provided by the said city) then for such work, the person so employed or working shall be allowed, exclusive of his or her board, the sum of $1.00 per day for each day's work on account of such fine and cost: And, provided further , a day's work shall not exceed eight hours for each working day. 920. Payment of fines into the treasury — magistrate's report.] § 26. All fines and moneys collected on account of the city shall be paid over to the treasurer as fast as collected. The police magistrate before whom any suit or suits may be brought in the name of the city, for the recovery of any fines or penalties, shall quarterly, on the first Thursday of March, June, September and December in each year, report to the city council a list of all 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 amount collected; also the amount collected since his last report upon any judgment for any fine rendered prior to such report, and also shall set forth an account of all fines worked out or commuted as provided for above. If any police magistrate shall neglect or refuse to hold a police court at any reasonable time when required, or shall neglect or refuse to pay over any moneys collected by him, or make his quarterly report, as herein required, the city council may order all 282 GENERAL ORDINANCES suits in the name of the city, for the recovery of any fine or penalty, to be brouifht before some other pohce magistrate, or justice of the ])eace, 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 fine, forfeiture or penalty, 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 such payment. 921. Falsely representing to be an officer — penalty.] § 27. Whoever shall falsely represent himself to be a police 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 and not exceeding one hun- dred dollars for each offense. 922. Resisting an officer.] § 28. Whoever shall wilfully hinder, delay, resist or obstruct any city police 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 penalty of not less than five dollars, and not exceeding onc^ hundred dollars for each offense. 923. Rescuing prisoners, etc.] § 29. 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 ; or shall molest or interfere with any officer or other person so legally having any person in custody; or shall aid, abet or encourage the rescue or escape or the attempt to escape, from any 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 attempt to escape, or with any intoxicating liquor, shall, in each case, be subject to a penalty of not less than twenty-five dollars, and not exceeding one hundred dollars for each offense. 924. Re-arrest of escajped prisoners.] § 30. Whenever any Derson shall escape from any prison or place of confinement to which has been legally committed, or shall escape from any officer or other person having him in custody, it shall be the duty of the.chief of pohce and all police officers to re-arrest, without process, the party so escap- ing, whenever he may be found, and re-commit him to prison or deliver him into the custody of the officer or person from whom he escaped. 925. Posse comitatus.] § 31. Any poHce officer may call upon any male person a]jo\-c the age of eighteen years to aid him in the arrest, retaking or custody of any person having committed any GENERAL ORDINANCES 283 unlawful act, or to aid in preventing the commission of any unlaw- ful act, and whoever shall neglect or refuse to give such aid and assistance, when so required, shall be subject to a penalty of not less than five dollars, and not exceeding one hundred dollars for each offense. 926. Uniforms of police.] § 32. The committee on police of the city council shall make suitable regulations under which the policemen of the city shall be required to wear an appropriate uni- fomi and badge, subject to the approval of the city council. 927. Vacation.] § ^3. Each and every member of the police department of the city shall be entitled to a vacation every year with pay, the time of such vacation to be designated by the chief of police with the consent of the city council. CHAPTER XXVII. PUBLIC LIBRARY. 928. Directors — appointment.] § 1. The mayor shall, with the approval of the city council, appoint a board of nine directors for the pubhc library, or reading room. The term of office shall be three years, and until their successors are respectively appointed, and said board shall be divided into three classes, of which the term of one class shall expire annually on July 1st. Said directors may adopt by-laws and regulations for the government of said library and reading room, and shall control the expenditure of all moneys appropriated for that purpose, to be paid to the treasurer of said board, on monthly bills and reports. 929. Injury to grounds or buildings.] § 2. Whoever shall wilfully or maliciously destroy, injure or deface any building or fixture, or any turf, grass, tree, shrub or vine upon the grounds of the public library of this city, shall be fined not less than ten dollars nor more than two hundred dollars. 930. Injury to books, etc.] § 3. Whoever shall wilfully or maHciously cut, write upon, injure, deface, tear or destroy any book, newspaper, plate, record, picture, engraving, statue or any furniture, belonging to the pubhc library shall be fined not less than five dollars nor more than one hundred dollars. 931. Failure to return books.] § 4. Whoever shall fail to return any book belonging to such library according to the by-laws and regulations of the directors, adopted for that purpose, shall be fined not less than one dollar nor more than one hundred dollars. 284 GENERAL ORDINANCES 932. Taking property without right.] § 5. Whoever shall take any book, painphk't, iiajx-r or other property belonging to said library, without consent of the persons in charge thereof, shall be fined not less than one dollar nor more than one hundred dollars. 933. Disorderly conduct.] § 6. Whoever shall create any disturbance in the public library building or be guilty of any con- duct calculated to annoy or disturb others in the said building, or whoever shall loiter upon the steps or walks or in the lobbies, or on the premises of said library building or grounds, shall be fined not less than one dollar nor more than one hundred dollars. CHAPTER XXVIII. PUBLIC SERVICE CORFOPATIONS. 934. Excessive rates — penalty.] § 1. That any individual, company, or corporation carrying on within the corporate limits of this city, by virtue of a license or franchise from the corporate authorities, the business of furnishing water, gas, light, heat, tele- phone or telegraph or electrical service, or street car service, or any other business impressed by law with a public use, and as to which the said corporate authorities are authorized to fix the rates and charges, who shall wilfully charge for any service rendered, or about to be rendered within the corporate limits of this city, any sum or sums in excess of the rate established by ordinance and by law for such service, or who shall wilfully neglect or refuse to furnish such service on demand, accompanied by a legal tender of the lawful charges, shall be subject to a fine and penalty for each offense of not less than twentv-five dollars nor more than two hundred dollars. CHAPTER XXIX. RAILROADS. 935. Speed.] § 1 . No locomotive, freight or passenger car, or train of cars operated by steam power, shall run upon any rail- road track, sidetrack, or switch, at any greater rate of speed than ten miles per hour. 936. Obstructing crossings.] § 2. No locomotive, freight or passenger car, or train of cars, shall be left standing upon the track of any railroad upon any crossing of a street, alley or public highway, except for the purpose of receiving or discharging passengers or freight, or for taking in or setting out cars, or to take on necessary coal or GENERAL ORDINANCES 285 water, and in no case for a longer time than five minutes. No locomotive, freight or passenger car, or train of cars, whether moving or standing, shall, in any case, obstruct any crossing of a street, alley or public highway for a longer period than five minutes. Any rail- road company, railroad corporation, engineer, conductor or other employe, who shall violate or fail to observe any of the requirements of this section, shall for each offense, be fined not less than five dollars nor more than two hundred dollars. 937. Whistling.] § 3. No railroad company shall cause or allow the whistle of any locomotive engine to be sounded within the city, except such as may be absolutely necessary to prevent injury to person or property. 938. Approaches.] § 4. At all of the railroad crossings of public highways, streets and alleys, the several railroad corporations shall construct and maintain within their respective rights-of-way, sidewalks, culverts and approaches, either over 'or under their tracks as the case may be, so that at all times such crossings shall be safe as to persons and property. 939. Neglect to construct or maintain crossing.] § 5. When- ever any railroad corporation shall neglect to construct or maintain in good repair any crossing or approach, as aforesaid, the mayor shall cause written notice to be given, specifying the nature of the work required, and if within ten days after service of such notice such work is not done, the city may forthwith cause such construction, or repairs, to be made, and recover the cost thereof with all necessary expenses incurred. 940. Lights.] § 6. Every locomotive, railroad car or train of cars while in motion, in the night time, shall have a conspicuous bright light shining in the direction in which the same is moving. 941. Flagmen.] § 7. At each of the following railroad crossings in said city, viz: At the crossing of the Peoria & Eastern Railroad Company, commonly known as the Big Four Railroad Company, at both Chandler street and at Harmon avenue; at the crossing of both the Wabash Railroad Company and the Chicago & Eastern Illinois Railroad Company, at both Wellington street and Fairchild street, a flagman shall be stationed whose duty it shall be to warn the traveling public of danger. Such flagman shall be on duty each day of the week, except Sunday, from April 15, to November 15, next following, from eight o'clock A. M. to eight o'clock P. M., and from November 15 to April 15 next following, from seven o'clock A. M. to seven o'clock P. M. ; and they shall use for the purpose of warning the traveling public a white flag between sunrise and sunset, and a green light between sunset and sunrise. 286 GENERAL ORDINANCES 942. Gates.] § 8. At each of the following railroad crossings in said city, viz: At the crossing of the Peoria & Eastern Railway- Company, commonly known as the Big Four Railroad Company, at Grant street, Logan avenue, Robinson street, Gilbert street, Oak street, Franklin street and Walnut street, gates shall be constructed and maintained, one on the south side of the Peoria & Eastern Rail- way, and one on the north side of the Peoria & Eastern Railway; at the crossing of the Peoria & Eastern Railway Company, commonly known as the Big Four Railroad Company, and the Chi- cago, Indiana & Southern Railroad Company, at Vermilion street, Hazel street and Jackson street, gates shall be constructed and main- tained, one on the south side of the Peoria & Eastern Railway and one on the north side of the Chicago, Indiana & Southern Railroad; at the crossing of the Peoria & Eastern Railway Company, commonly known as the Big Four Railroad Company, and the Chicago, Indiana & Southern Railroad, at Oakwood avenue, gates shall be constructed and maintained, one on the east side of the Peoria & Eastern Rail- way and one on the west side of the Chicago, Indiana & Southern Railroad ; at the crossing of the Peoria & Eastern Railway Company, commonly known as the Big Four Railroad Company, and of the Chicago & Eastern Illinois Railroad Company at Collett street. Bowman avenue and Griffin street, gates shall be constructed and maintained, one on the south side of the Chicago & Eastern Railroad Company, and one at the north side of the Chicago & Eastern Rail- road Compan}^; at the crossing of the Chicago & Eastern Illinois Railroad Company and the Wabash Railroad Company at Fair- child street, gates shall be constructed and maintained, one on the west side of the Chicago & Eastern Illinois Railroad and one on the east side of the Wabash Railroad Company, which gates shall be in addition to the watchman specified in section seven; at the crossing of the Chicago & Eastern Illinois Railroad Company with Main street gates shall be constructed and maintained on each side of said cross- ing; at the crossing of the Wabash Railroad Company at North street. Green street. South street and Main street, gates shall be constructed and maintained on each side of said crossing. All the gates above specified, shall be under the control of a competent watchman who shall operate the gates each day of the week, except Sunday, from April 15 to November 15 next following, from eight o'clock A. M. to eight o'clock P. M., and from November 15 to April 15 next following, from seven o'clock A. M. to seven o'clcok P. M.: Provided, however, that at the Vermilion street crossing above named and at the crossing of the Wabash Railroad and Main street, the watchman shall be on duty at all times, both day and night, including Sunday, as well as the other days of the week. All of said gates shall extend across both sidewalks and street, and shall be used to warn the traveling public of danger, and all of said gates, when in operation as above provided for, shall have green lights placed thereon between sunset and sunrise. GENERAL ORDINANCES 287 943. Penalty.] § 9. Any railroad company, railroad corpor- ation, engineer, conductor or other employe, .who shall violate or fail to observe any of the requirements aforesaid, shall for each offense be fined not less than five dollars nor more than two hundred dollars, and where such violation or failure continues after the first conviction, shall be liable to a further penalty of not less than five dollars nor more than one hundred dollars for each day of the neglect or refusal to so comply. CHAPTER XXX. RULES AND COMMITTEES. 944. Meetings of the council.] § 1. A regular meeting of the city council shall be held on Tuesday evening of each week at 7:30 o'clock p. m., from October 1st to May 1st; and from May 1st to October 1st, at 8 o'clock p. m. Special meetings may be called by the mayor or by any three members of the council, when- ever it may be deemed necessary, in which event it shall be the duty of the chief of police to cause each member of the council to be personally served with a notice of such special meeting, or by leaving a copy thereof at his usual place of business or residence, which notice shall state the object of such meeting, and no business shall be transacted at any special meeting except such as is stated in said notice. 945. Fiscal year.] § 2. The fiscal year of this city shall com- mence on the first day of May. 946. Seal.] § 3. The corporate seal shall be circular in form, and have engraved thereon the words: " "Corporate seal of the City of Danville, Illinois, 1867." 947. Standing committees.] § 4. It shall be the duty of the mayor at the beginning of each fiscal year to appoint the fol- lowing named standing committees, the first named member of each committee to be the chairman thereof, and each committee to con- sist of three members, viz: First — Finance . Second — Streets and Alleys. Third — Fire and water. Fourth — Police. Fifth — Lighting. Sixth — Buildings and grounds. 288 GENERAL ORDINANCE? Seventh— Bridges. Eighth — Sewerage. Ninth — .Ordinances. 7>Hi/i— Printing. Eleventh — License! Twelfth — Health . Thirteenth — Claims. Fourteenth — Markets. Fifteenth — Public welfare. 948. Duties of standing committees.] § 5. It shall be the duty of the standing committees to keep a close watch over the affairs of their respective departments and to promptly investigate and report in writing upon all matters referred to them by the coun- cil, and to perform such other duties as may be from time to time assigned them. FINANCE The 'committee on finance shall have charge of all matters per- taining to the financial condition of the cit}^ shall audit and ex- amine the treasurer's report, and reports of the city clerk and city collector, police magistrate and other officers, and shall also receive estimates from the other committees for annual appropriations and prepare and present the annual appropriation bill, and shall report to the council, at each regular meeting thereof, the amount of ex- penditures made in each department of appropriations, and the balance unexpended. STREETS AND ALLEYS. The committee on streets and alleys shall have charge of and direct all improvements and repairs on public thoroughfares, the opening, laying out, widening, extending and vacating the same, and all additions to the city. FIRE AND WATER. The committee on fire and water shall have general supervision over the fire department, the water supply of the city and all im- provements and machinery belonging thereto, and all matters per- taining to water works. POLICE. The committee on police shall have charge of all matters pertain- ing to the peace and good order of the city, and shall have the gen- eral supervision of all police officers, prisons and work houses. GENERAL ORDINANCES ' 289 LIGHTING. The committee on lighting shall have charge of the lighting of streets and public buildings. BUILDINGS AND GROUNDS. The committee on buildings and grounds shall have charge of all buildings and grounds, including the parks, belonging to or occu- pied by the city, and all matters pertaining to the same, and shall also have charge of all public cemeteries. BRIDGES. The committee on bridges shall have charge and control of all bridges over the Vermilion river, the North Fork and Stony creek, and of such other bridges as may be from time to time coinmitted to the charge of such committee. SEWERAGE. The committee on sewerage shall have charge of all matters per- taining to sewers and sewerage, both sanitary and surface. ORDINANCES. The committee on ordinances shall have charge of all enactments and ordinances to be presented to the council, and ordinances to be introduced must first be referred to said committee and carefully examined and reported upon by them before being placed upon passage, and no ordinance, unless so referred and reported upon, shall be put upon its passage except by unanimous consent of all the members present, or unless the rules be suspended. PRINTING. The committee on printing shall have charge of all matters per- taining to printing, and the furnishing of stationery and blanks to the different officers and departments of the city, and the making of contracts pertaining to the same. LICENSE. ■ The committee on license shall investigate all applications for dramshop license, together with the bonds therefor, and shall ex- amine the sufficiency of such bonds and the sureties thereon, and particularly in regard to the qualifications of applicants, as pre- scribed by the ordinances, and the fitness and propriety of the place where the business is to be carried on. Said committee shall also hear and determine any charges made against any dramshop keeper, unless otherwise especially ordered by the council. 290 GENERAL ORDINANCES HEALTH. The committee on health shall have charj^e of all matters per- taining to the abatement of nuisances, the public health, and all sanitary measures. CLAIMS. The committee on claims shall investigate and examine all claims against the said city which ma\^ be referred to them, and report the same back to the council, with their recommendations. MARKETS. The committee on markets shall have charge of all public and private scales, weights and measures; the vending of all commodi- ties in the streets of the city, the weighing of coal and the measure- ment of wood and lumber, and. shall have charge of all matters per- taining to markets. PUBLIC WELFARE. The committee on public welfare shall have a general supervision of all matters of a public nature pertaining to the general welfare and advancement of the interests of the city. 949. Committee meetings.] § 6. All regular standing com- mittees shall meet at the city building one-half hour before the time of the council meeting. 950. Contracts not authorized by committee forbidden.] § 7. No committee of the city council, nor any member of said council, or other officer of said city, shall expend or contract for the expendi- ture of any moneys belonging to the city, or incur any liability on the part of the city for the improvement of any street, sidewalk, alley, building or other property belonging to or under the control of said city, unless authorized so to do by ordinance or resolution of the city council. 951. Rules of order.] § 8. ORDER OF BUSINESS. 1. Reading of minutes. 2. Reports of standing committees. 3. Reports of special committees. 4. Reports of officers. 5. Petitions and communications. 6. Presentation of claims and accounts. 7. Unfinished business. 8. Miscellaneous business. GENERAL ORDINANCES 291 1. The mayor shall preserve order and decorum, and shall decide all questions of order subject to an appeal to the council. Such appeals shall be decided without debate. 2. Any member desiring to speak upon any question shall rise and address the chair, but shall not proceed until recognized by the mayor; and no member shall speak more than twice upon the same question, nor more than ten minutes at a time, except by permission of the council. 3. Any member called to order shall immediately take his seat until the point of order is decided. 4. While any member is speaking, no other member shall engage in conversation with others, or pass between the speaker and the mayor. 5. Any membet indulging in personalities, or language calcu- lated to injure the feelings of any other member, or the harmony of the council, shall be called to order. 6. Smoking is prohibited during the council session. 7. All petitions and other communications shall be in writing. 8. When a question is stated every member present shall vote, unless excused by the council, or unless directly interested in the question. 9. No member shall vote on any question in which he is directly or indirectly interested. 10. No motion shall be entertained unless seconded; when seconded, it shall be stated by the mayor, and if any member re- quests, it shall be reduced to writing. 11. When a motion or resolution has been stated by the mayor, it shall be deemed to be in possession of the council, but by con- sent of the council may be withdrawn at any time before it is acted upon. 12. If a question under consideration contains more than one distinct proposition, it may be divided on the request of any member. 13. When a blank is to be filled and different sums or times are proposed, the question shall first be put upon the largest sum or the longest time. 14. When a question is under debate, no motion shall be enter- tained, unless for the previous question, to refer, to postpone in- definitely, to adjourn to a certain day, to lay on the table, to amend, or to adjourn the council. 15. A motion for the "previous question" or to lay the question on the table, shall, until decided, preclude all amendment and all 292 GENERAL ORDINANCES debate of the main question; and likewise a motion to postpone a question indefinitely, or to adjourn to a certain day, shall, until decided, preclude all amendment to the main question. 16. The "previous question" shall be put as follows: "Shall the main question be now put?" 17. A motion to adjourn shall always be in order, and shall be decided without debate. 18. In all cases the name of the member offering a resolution or motion, shall be entered with it upon the journal. 19. The yeas and nays shall be taken on the passage of every ordinance, and on all propositions to create any liability against the city, or for the expenditure or appropriation of its moneys, and shall be entered upon the journal; and likewise, upon any other question, if any member require it, provided it is called for previous to the taking of the vote. 20. No ordinance shall be repealed or passed, or contract or ap- propriation made, unless by a vote of the majority of the board. 21. Committees to whom any subject may be referred, shall report in writing, at the next regular meeting of the council, unless further time is given, and such reports shall be filed awa}^ and pre- served by the clerk. 22. Any report of a committee of the council shall be deferred for final action thereon to the next regular meeting of the same after the report is made, upon the request of any two aldenrten present. 23. The clerk shall forward all papers to the appropriate com- mittees and officers, as early as the next day, after the reference shall be made. 24. Every proposition involving the expenditure of money shall be referred to an appropriate standing committee, and a report thereon made to the council b\' said committee before the council vote upon the expenditure. 25. On all points of order not herein specially provided for, Cushing's Manual of Parliamentary Practice is adopted and made the law governing the deliberations of said council. 26. The foregoing rules, or any of them, may be repealed or annulled, abridged, modified or suspended, by a vote of two-thirds of the council. 27. The city engineer, chief of police, commissioner of health, superintendent of buildings, plumbing inspector, fire chief, and corporation counsel shall attend all regular meetings of the city council. GENERAL ORDINANCES 293 CHAPTER XXXI. SEWERS. 952. Sanitary and surface water.] § 1. All sewers and drains in this city are divided into two classes, viz: First, the sanitary sewers, which are solely for the purposes of sanitary drainage, and are a part of the general sanitary drainage system originally devised by George E. Warring, Jr.; and, second, the surafce water sewers, which are solely for the drainage of streets, alleys and storm waters. 953. Uses of sanitary sewers.] § 2. No connection shall be made with any sanitary sewer or drain, either directly or indi- rectly, for the conveyance or drainage of surface or storm water, nor shall the same be used for the discharge of steam from any steam boiler, engine or heating plant, nor shall any butcher's offal, or garbage, or dead animals, or clothing, or rags, or bottles, or iron, or wood, or any substance calculated to obstruct the same, be placed, thrown or deposited therein; all connections must have fixtures connected with the city water works, so as to properly flush such sewers and drains and carry off the refuse, under a penalty of not less than five dollars nor more than one hundred dollars. 954. Uses of surface sewers.] § 3. As above declared, the surface sewers are for the drainage of streets, alleys and storm waters, and no person shall connect therewith any sanitary sewer, nor use the same for the discharge or depositing of any offal, or kitchen slops, or filth or noisome or offensive matter, likely to be- come foul and offensive or a public nuisance, under a penalty of not less than five dollars nor more than two hundred dollars. 955. Permit to tap sewers.] § 4. No person shall connect with any sewer or drain of this city except he shall first obtain a permit so to do, which permit shall be granted by the plumbing inspector, upon compliance by the applicant with all the require- ments fixed by ordinance. A written application must be signed by the owner of the premises to be connected, stating their location, and designating the purpose for which the connection is to be used, and the person who is to do the work, under a penalty of not less than five dollars nor more than two hundred dollars for each offense. 956. Connections, how made — record.] § 5. The drainage of all private property into the public sewers shall be effected by lateral sewers or house connections, made of the best quality of vitrified earthenware sewer pipe, true in form and strong in material, and laid strictly according to the specifications prepared by George E. Warring, Jr., and adopted by this city, and no connection shall be made except at a T joint; no such connection shall be made ex- 294 GENERAL ORDINANCES ce]3t by a licensed ])lumber; all sewer connections shall confonn to the plumbing ordinance. In opening trenches in any street or alley or public highway the same precautions and conditions must be observed as in case of openings in any street, elsewhere prescribed, but the permit and bond shall be issued by the plumbing inspector, and it is hereby made the duty of said officer to keep a full and true record of all such pemnits and connections. A failure to comply with any of said conditions shall subject the offender to a fine of not less than fi\'e dollars nor more than one hundred dollars. 957. Access to private property for inspection.] § 6. All connections with any of the public sewers of this city, whether sanitary or storm water, and the right to use the same, are upon the express condition that the city and its authorized officers having in charge the construction, inspection and repair of the same, may at any reasonable hour and in a reasonable manner, enter upon any and all private property, directly or indirectly connected with or using said sewers, for all lawful purposes reasonably necessary, for the construction, maintenance, inspection and repair thereof; and any person refusing access for said purpose or purposes shall be fined not less than five dollars nor more than one hundred dollars. 958. Weights and excavations prohibited.] § 7. No weight of over one ton shall be placed o^•er or upon any sewer or drain, and no excavation shall be made under or around such sewer or drain unless the same is adequately protected against injury, which precautions must first be approved by the plumbing inspector; any violation of the foregoing requirements shall subject the offender to a fine of not less than five dollars nor more than two hundred dollars. CHAPTER XXXII. SIDEWALKS. 959. Uniformity.] § 1. All sidewalks hereafter laid shall be of uniform width, line and grade. Any sidewalk or pavement hereafter built, which does not confonii substantially to said grade, or said line, or to the materials and workmanship required, is hereby declared to be a nuisance, and the person building the same, or the owner of the adjoining prem- ises, refusing to remove the same, on five days' written notice, to be given by the city engineer, shall be fined not less than ten dollars, GENERAL ORDINANCES 295 nor more than two hundred dollars, and in a like sum for each day the same is suffered to remain, after notice as aforesaid. In such case the said walk may be summarily removed, and re-constructed by the city, and the expense collected from the property owner. All sidewalks hereafter constructed shall be constructed within eighteen inches of the property line unless otherwise authorized by ordinance hereafter adopted. 960. Tearing up, prohibited.] § 2. No sidewalk upon any public street, alley or highway shall be torn up or removed without the consent of the city or the officials charged with the duty of con- structing, maintaining or repairing the same, under a penalty of not less than ten dollars nor more than one hundred dollars: Pro- vided, however, that such consent is hereby expressly given where a new walk is ordered to be put down by ordinance. 961. Standard specifications for cement sidewalks.] § 3. Said sidewalks shall be built and constructed in accordance with the following specifications, viz : (1) The Frost Bed. — The frost bed shall be excavated to a depth of ten (10) inches below the grade. " The exposed surface of such excavation shall be tamped with a tamp having a face area of at least 100 square inches, and 'weighing not less than sixty pounds. The said excavation shall then be filled to a point five (5) inches below the finished surface of the walk, with coarse gravel extending in height, when tamped, to five inches below the finished surface of the walk; said gravel shall contain no pebbles larger than one inch in diameter, and shall be placed in the said excavation in one layer and thoroughly tamped in position with the tamping tool described above. The gravel must be clean and well selected. (2) Concrete Bed. — On the frost bed, as above described, there shall be placed a bed of concrete four inches in thickness, after tamping, composed of crushed lime-stone, no piece larger than will pass a two-inch ring; clean, coarse, sharp sand, Portland cement and water mixed as follows: One part best Portland cement, two parts sand, and four parts crushed lime-stone, or one part best Portland cement and five parts gravel ; to be thoroughly mixed under the direction of the City Engineer; the sand or gravel and cement are to be mixed dry, the water then applied, and the mass thoroughly mixed; after which add the crtished stone and turn and work the entire mass until all parts of the same have been thoroughly mixed. After placing the same on the frost-bed, the concrete, as above described, is to be spread and thoroughly tamped, and brought to a uniform surface, one inch below the finished surface of the walk. No concrete shall be used after it has begun to show evidence of setting, nor shall any concrete which has once set be used as material 296 GENERAL ORDINANCES for mixing a new batch. Any batch which may show evidence of setting before tam])ing is completed shall be removed from the work forthwith; nor shall any batch be so wet as to give laterally while being tamped. Tam]3ing shall be done until the mass is thoroughly compacted, and brought to a true grade and surface, one inch below the finished surface of the walk. Any evidence of lack of compaction will be regarded as sufficient reason for rejection and removal. No walking upon or disturbance of the concrete bed, after tamping, will be permitted. The finishing coat, as hereinafter described, shall be applied before the concrete of the concrete-bed has fully set, and only as much concrete shall be laid at a time as shall be covered by the finishing coat on the same day. (3) The Finishing Coat. — The finishing coat shall not be less than one inch in thickness at any point in the walk; the said thick- ness to be determined by drilling, should the engineer so decide. This finishing coat shall be composed of the same high-grade Portland cement used in the said concrete-bed, and clean, screened sand, mixed in the proportion of one part Portland cement and ore and a half parts sand. i\ll sand which shall be used in the finishing coat shall pass a vertical wire screen ha^'ing four meshes to the inch, and to be refused by a 20 by 20 mesh screen; all the material passing the 20 by 20 mesh screen must not be used. After thoroughly mixing the sand and cement they shall be wet to make a stiff mortar and carefully smoothed to an even surface, which must be finished and troweled complete before the initial set. In sunny weather the sur- face of the said walk shall be kept continualh^ wet by sprinkling, until the final setting; and in dry, hot weather the said walk, when being finished, shall be kept covered with suitable material so as to prevent its drying too quickly. (4) General Specifications.— Cement used in said walks shall be Vulcanite, Medusa or Alpha brands of Portland cement. All Portland cement used in the said sidewalks must be delivered in the original packages at the place where the said walks arg to be con- structed, and shall be subjected to rigid inspection by the City Engineer. All sand shall be thoroughly washed before being used,^ as the sand must be free from all foreign matter. The water used in mixing material for the concrete-bed and finishing coat must be fresh and clean, and shall be sprayed upon the mixture until the proper consistency is obtained. The work shall be barricaded with wire netting or other suitable protection for at least five days after com- pletion, and the person doing the work shall be responsible for all damage to the walk during that time and until its final acceptance by the City Engineer. All wings, approaches and intersecting cement walks shall be connected with the main walk by means of curves, on a radius of at least sixteen inches. Any person construct- ing such walk shall suspend operations, when notified by the City GENERAL ORDINANCES 297 Engineer, if the weather is unsuitable to carry on the work. The sidewalks shall be properly cut for expansion joints into blocks, as nearly uniform in size as practicable; no block shall contain more than thirty-six square feet. Both edges of the walk shall be beveled one-half inch, and all joints beveled with a proper tool after cutting. § 3. The construction of the said sidewalk and the materials used therein shall be under the supervision and subject to -the approval of the City Engineer, whose duty it shall be to see that the sidewalk herein designated shall be laid in conformity with the requirements of this ordinance. 962. Penalty.] § 4. Any person, or persons, firm or corporation who shall construct any sidewalk within the limits of the City of Danville, which is not in accordance with the above specifications, shall be subject to a fine of not less than five dollars nor more than one hundred dollars. 963. Drains across sidewalks.] § 5. No water from any building or premises shall be suffered to spread over the sidewalk and no open drain shall extend across any sidewalk, but such drain, if built, must be covered and substantially boxed, and must be kept in repair, so that the level of the sidewalk is not interfered with; under a penaltj^ in either case of not less than one dollar nor more than fifty dollars. 964. Obstructing or driving on walks.] § 6. No person shall lead or drive any animal, or any wagon or vehicle, upon or along any sidewalk, except at cross-walks, nor shall the same be permitted to stand or remain upon any such walk, subject to a penalty of not less than one dollar nor more than fifty dollars. 965. Gates not to swing over sidewalks.] § 7. All gates open- ing upon any public street shall be so constructed as not to swing out upon or over any sidewalk; unless such gate is so hung as to be self-shutting; a failure to observe this reqtiirement shall subject the offender to a fine of not exceeding fifty dollars. 966. Crowds obstructing sidewalks.] § 8. When two or more persons shall stand or crowd together so as to obstruct any sidewalk, or prevent the free passage of pedestrians, each shall be subject to a fine of not less than one dollar nor more than fifty dollars. 967. Areas under sidewalks.] § 9. No space under any side- walk shall be occupied for any vault, area way, coal hole, or for any other purpose, by any person for private uses, except by permission of the city council, duly entered of record, nor except on this con- dition, viz : That the same shall be securely covered by proper iron doors, or shutters, or caps, and by a substantial sidewalk, and that such persons will constantly keep the same in a safe condition. 298 GENERAL ORDINANCES A failure to observe this condition shall be cause for revocation of the permit on five days' written notice. Such use without a permit, or after revocation, will subject the offender to a fine of not less than five dollars nor more than one hundred dollars, and to a like penalty for each day the same is suf- fered to remain after the first conviction. 968. Cellar ways.] § 10. No cellar way, window or other opening, and no steps shall be built or maintained upon any street, alley or sidewalk, under a penalty of not less than ten dollars, nor more than one hundred dollars, and a like penalty for each day the same is suffered to remain after the first conviction. 969. Entrances to cellar ways to be guarded.] § 11. In case any cellar way, or opening of any kind is adjacent to a public side- v."alk, street or alley, but located on private property, the same shall be securely protected by a substantial iron guard or railing, or covering, under a penalty of not less than ten dollars, nor more than one hundred dollars, and a like penalty for each day the same is suffered to remain after the first conviction. 970. Hitching posts.] § 12. Hitching posts are prohibited on Main street, from the Wabash R. R. to Gilbert street; on Vermilion street from South street to Madison street; on North street from Walnut street to the Wabash R. R.; on either Washington avenue, Jackson, Hazel or Walnut streets from Main street to North street, under a penalty of not less than one dollar nor more than fifty dollars : Provided, That nothing herein shall prohibit the placing of suitable rings in the sidewalk for temporary hitching purposes. 971. Awnings.] § 13. All awnings, except canvass awnings, are prohibited within the fire limits, and in no case shall any awn- ing be less than eight feet above the sidewalk, in the clear, includ- ing all curtains or drops, nor shall the same be supported by posts, under a penalty of not less than fi\'e dollars nor niore than one hundred dollars. 972. Signs.] § 14. All signs extending over a street, alley or sidewalk shall be securely fastened, and shall in no e\'ent extend out further from the building than three (3) feet, and shall be so kept as not to creak or make disagreeable noises, under a penalty in either case of not less than three dollars nor more than fifty dollars. 973. Painting on sidewalks.] § 15. It shall be unlawful for any person to paint any sign or advertisement, or to daub or other- wise put paint upon any sidewalk or pavement under a penalty of not less than three dollars nor more than fift v dollars. GENERAL ORDINANCES 299 974. Obstruction by merchandise.] § 16. The use of sidewalks in said city for the exhibition of merchandise for advertising or sale thereof is prohibited beyond a line thirty inches outside of the property line ; and the use of such sidewalks for the purpose of storing merchandise is prohibited, and particularly the leaving thereon of heavy goods, large boxes, casks, barrels and the like, to the annoy- ance or inconvenience of passers-by; any person guilty of causing such an obstruction, who, upon request of any police officer of said city, shall fail to remove the same immediately, shall be fined not less than three dollars nor more than one hundred dollars for each offense. 975. Display of fruits and vegetables.] § 17. No fruits, grocer- ies, vegetables or provisions intended for human food, except melons, shall be exposed for sale or advertisement, upon any sidewalk at a height of less than eighteen inches above such sidewalk ; and all apples, peaches, pears, grapes, berries and other articles of human food, not ordinarily washed, or peeled before using, when so exposed, shall be covered, at all times, with fine wire screen or soft mosquito netting. No meats, fish or dressed poultry shall be displayed, or exposed for sale or advertisement upon any sidewalk in said city. Any person violating any of the provisions of this section shall be fined not less than three dollars nor more than one hundred dollars for each offense. 976. Banana peelings, etc.] § 18. Whoever shall throw, cast, lay or place on any sidewalk the rind or peel of any orange, banana or other fruit, shall be fined not less than one dollar nor more than ten dollars. CHAPTER XXXIII. STREETS AND ALLEYS. 977. Numbering of Houses.] § 1. The system of numbering buildings shall be the decimal system, one hundred numbers being* assigned to each block. The even numbers shall be on the west side of the north and south streets, and on the south side of the east and west streets. For the east and west streets the numbers shall begin at Vermilion street, and for the north and south streets they shall begin at Alain street. The figures of the numbers shall be at least three inches in length, and shall be legible and placed in a conspicu- ous place at the side of or above the front door of the building. The numbers shall be assigned by the City Engineer. Where new build- ings have heretofore been built, or may hereafter be built in blocks already numbered, the City Engineer shall re-number the buildings therein, and it is hereby made the duty of the owners or occupants of 300 GENERAL ORDINANCES all buildings so numbtred or re-numbered, to accept the number so assij^ned by said City Engineer, and any person who shall fail or refuse to so number or re-number any such building owned or occu- pied by him, or who shall number the same with a different number than the one so assigned, shall be fined not less than three dollars nor more than ten dollars, and in a like sum for every period of thirty days thereafter during which such default shall continue after the first conviction. 978. Opening paved streets — bond — penalty.] § 2. No person shall injure, tear up, molest or make any opening in or under any street or alley, for any purpose whatever, unless he shall first obtain a permit for so doing as hereinafter provided. Any person desiring such a permit shall first make a written appli- cation therefor, in and by which he shall agree to abide by and comply with, all the terms of this section, and shall give bond in the penal sum of three hundred dollars with at least one good and sufficient surety to be approved by the city council, and conditioned to restore all streets and alleys to, and maintain them in, as good condition as they were in before openings were made in them by said person, and also conditioned to save and keep harmless the said city from all damages and habilities in the premises : Provided, also, that in every case where an opening is to be made, the person to make such opening, shall first obtain a permit from the City Sewer Inspector : And pro- vided, also, that when such an opening has been made in a street or alley such street or alley shall, by the one to make such an opening, be restored to, and maintained in, as good condition as the same was in before such opening was made. A record shall be kept of such permits, and such bonds shall be filed with the city sew^er inspector. In case it is found that the con- dition of said street or alley is not restored, as hereby required, the holder of such permit, upon notice, shall immediately make good the defect, and if he shall fail, neglect or refuse to do so at once, the city may do whatever is necessary to restore said street or alley to as good condition as the same was in before an opening in said street or alley was made, and the cost and expense thereof shall be recovered in an appropriate action on the bond. Any person w^ho shall make any opening in or under, or shall injure, tear up or molest any street or alley without first having obtained such permit, shall be fined not less than ten dollars and not more than one hundred .dollars for each offense. 979. Excavations in other streets.] § 3. No excavation shall be made in any street or alley (other than paved streets or alleys) without a written pennit by the city engineer, or plumbing inspector. Such excavation shall be immediately filled up, with no unnecessary delay, to the proper level of the surface, and shall from time to time GENERAL ORDINANCES 301 be repaired until the earth is completely settled to the proper level; sueh street or alley shall be restored and maintained in as good con- dition as it was in before such excavation was made. In case of default and a failure to do so upon notice, the city engineer may pro- ceed to restore the same, and the expense may be charged up and recovered in like manner as in cases of paved streets. Any person who shall excavate in any street or alley (other than paved streets or alleys) without a pennit, as aforesaid, shall be fined not less than five dollars nor more than fifty dollars. 980. Excavation for surface pipes.] § 4. Hereafter when any service pipe from any water main shall be laid or relaid, in any street, alley or other public place, the same shall be made of lead, and shall be enclosed in a vitrified sewer pipe of not less than four inches in diameter. Said sewer pipe shall be so placed as to present as little obstruction as possible to the removal of said lead pipe and the re- insertion of the same, or of another of the same material. After any such service pipe has been so laid, it shall be unlawful to dig or excavate in the said street, alley or public place, any trench, ditch or hole larger than is conveniently necessary to allow connection with, and disconnection from, the main to be made : Provided, however, that in case it shall be made to appear to the city council that some contingency has arisen rendering the making of a larger opening necessary, i:>ermission may be given to make the same by a vote of two-thirds of the members of the council. Whoever shall hereafter place or lay, or cause to be placed or laid, any service pipe of the kind hereinbefore mentioned in any street, alley or public place, except in the manner and of the material above specified, shall be fined not less than twenty-five dollars and not more than one hundred dollars for each offense, and shall also be reciuired to re-lay the same in the man- ner herein specified, and in case of his failure so to do within ten days after being notified by the Mayor or City Engineer, the said pipe shall be relaid and constructed as above provided, by the City Engineer, and the expenses attending the same shall be collected from the person so offending in any appropriate action. 981. Removing earth from street.] § 5. Whoever shall for any private purpose, dig, remove or carry away any earth from any street or alley, without permission of the city council, shall be subject to a penalty of not less than one dollar nor more than five dollars for each wagon load or fractional part thereof, removed or carried away, and any city officer who shall sell any such earth for his private gain shall be fined not less than twenty-five dollars nor more than one hundred dollars. 982. Excavations to be guarded — obstructions.] § 6. Whoever shall make any opening in any street or alley shall protect the same by a substantial barrier on each side, and in the night time shall 302 GENERAL ORDINANCES protect the same by red lights, and in case the openinj^^ is across a sidewalk it shall not be left open at nij^^ht unless iDridj^^ed, and such other i)recautions shall be observed as are reasonably necessary to pre- vent accident to persons, animals or i)roperty, and no obstructions shall be placed in any street or alley likely to cause accidents. Any one making any such opening and failing to observe any of said re- quirements or placing any such obstructions on any street or alley, shall be fined not less than three dollars nor more than on? hundred dollars. 9.83. Removing grade or corner stakes.] § 7. Whoever shall wilfully change or remove any stake, post or corner stone set to designate the comer or line of any lot or land, street or alley, or set to designate the grade of any street, alley, sidewalk, or public work shall be subject to a penalty of not less than five dollars nor more than fifty dollars. 984. Rubbish on streets.] § 8. Whoever shall throw any paper, straw, tin cans, or litter of any kind into any street, alley or open space of ground, or shall cause any cart, wagon or other vehi- cle to be so loaded with sand, manure, earth, rubbish or any other thing, so that in the hauling, any part of such load shall be scattered or dropped in any street, alley or open place, shall be fined not less than one dollar nor more than fifty dollars. 985. Glass in the street.] § 9. Whoever shall throw or deposit, any glass of an}^ kind, crockery- ware, tacks, nails, or any other ma- terial, substance or thing, which is likely to cut or puncture rubber tires of any vehicle, in any public street, alley or other public place, shall be fined not less than three dollars nor more than two hundred dollars for each offense. 986. Obstructing street by teams.] § 10. Whenever any street or alley or any public crossing shall become obstructed by the stand- ing of any team or vehicle, or by the press of vehicles, any police officer may give orders and directions such as may be deemed neces- sary to abate the obstruction, and it is made the duty of all persons to obey such orders and directions, and for a failure to do so the offender shall be fined not less than one dollar nor more than fift\' dollars for each offense. 987. Driving unhaltered horses.] § 11. "It shall be unlawful to drive any horses or mules through the streets and alleys of this city unless they be securely haltered or controlled and led by a person who is competent and who has control thereof. Any person violating the provisions of this section shall be fined not less than three dollars and not more than fifty dollars. 988. Trees.] § 12. Any person setting out or cultivating any trees upon any sidewalk between the property line and the curb GENERAL ORDINANCES 303 line, shall keep the same trimmed up to a clear height of ten feet from the level of the walk, under a penalty of not less than one dollar nor more than twenty-five dollars. 989. Teams standing on streets.] § 13. No horse, team, buggy or other vehicle shall be allowed to stand in any street or alley within the fire limits, for the space of thirty minutes or more, under a penalty of not less than one dollar nor more than twenty-five dollars. 990. Backing vehicles in street.] § 14. No vehicle shall back to make a turn in any street, if by so doing it interferes with other vehicles, but the person in charge of such vehicle shall go around the block, or to a street sufficiently wide to turn without backing. Any person violating the provisions of this section shall be fined not less than one nor more than one hundred dollars for each offense. 991. Crossing of streets.] § 15. Vehicles crossing from one side of the street to the other shall do so by turning to the left, so as to head in the same direction as the traffic on that side of the street towards which the crossing is made, and when a street is congested with traffic, such vehicles shall go to the intersection before turning, and no vehicles shall stop with its left side to the curb. Any person violating the provision of this section shall be fined not less than one nor more than one hundred dollars. 992. Horses standing on the street.] § 16. No person shall tie or leave standing any horse, team, or automobile, or other vehicle, on Vermilion street between Harrison street and South street, nor on Main street between the right of way of the Wabash Railroad and Franklin street. Any person violating the provisions of this section shall be fined not less than one nor more than one hundred dollars for each violation. 993. Where to stop.] § 17. No vehicles shall stop on any street of this city except in an emergency, Unless within two feet of the curb, nor in such way as to obstruct the free passage of the street, and it shall be the duty of the person in charge of any vehicle to stop the same upon signal from a police officer. Any person violating the provisions of this section shall be fined not less than one nor more than one hundred dollars for each offence. 994. Mortar not to be mixed on paved streets.] § 18. The mixing of mortar, and the depositing or dropping of the same on the paved streets, is hereby prohibited, and whoever wilfully deposits the same upon any paved street, or in the gutter of any other street, or who shall fail or neglect to remove within twenty-four hours any mortar accidentally dropped upon any such paved street, or in any such gutter, upon notice from the chief of police, or any police officer, shall be fined not less than three dollars nor more than fifty dollars. 304 GENERAL ORDINANCES 995. Dead wires.] § 19. All poles not used, and all wires stnmjj; in any street or alley which are no longer in use and come within the terms of what arc known as "dead wires," are hereby declared to be a nuisance, and likewise all guide wires or braces ob- structing any sidewalk, and all persons having any such poles or wires or suffering or pemiitting the same to be or remain in any street or alley after the same have ceased to be used, shall be fined not less than fi\'e dollars nor more than fifty dollars. 996. Ashes, manure, etc., in alleys, etc.] § 20. It is hereby declared to be unlawful to place any ashes, cinders, manure, trash, or any other material in any alley or street. Any person violating any of the provisions hereof shall be fined not less than three dollars nor more than fifty dollars. 997. Barbed wire fences.] § 21. No fence or barrier consisting of what is known as "barbed wire," or of which barbed wire is a part, shall be built, constructed or used along the line of, or in, or upon, or along any street, a,venue, public walk or drive. And wherever any such barbed wire is now so in use, the same shall be removed upon written notice by the chief of police. Any person owning, building or controlling such fence, who shall fail to remove such fence upon notice as aforesaid, or whoever shall build any such fence, shall be liable to a fine of not less than five dollars nor more than fifty dollars. 998. Moving buildings on streets— notice to fire department.] § 22. Any person moving any building on a pubhc street or alley, shall protect the traveling pubHc in the night by placing thereon at each end bright red hghts, and shall also every evening notify the fire chief of the location of such building, to the end that no accident may occur to the department, under a penalty in either case of not less than ten dollars nor more than one hundred dollars. 999. Moving buildings.] § 23. Inside the fire hmits, the streets and alleys shall not be used for moving buildings. Nor shall any building be moved along or upon any street or alley of this city, outside of said fire limits, unless an application is made to the super- intendent of buildings, stating when and where the same is to be moved; such application shall be accompanied by a bond in the penal sum of one thousand dollars conditioned for the indemnity of the city on account of any damage to any street or alley or improve- ment thereon, and on account of any damage or Habihty to the city on account of the moving of said building, which bond shall be signed by two good and sufficient sureties; upon compliance with said re- quirements a permit shall issue. A failure to observe any of the requirements aforesaid shall subject the offender to a fine of not less than ten dollars nor more than one hundred dollars for each offense, GENERAL ORDINANCES 305 1000. Stands for hacks.] § 24. That the places where omni- buses, hacks, cabs and other hke vehicles engaged in transporting passengers, baggage or merchandise, may stand, at any depot or other public place, shall be designated by the Chief of Police, but not in such a way as to discriminate between persons engaged in like occupations, nor to impede public travel: Provided, however, that no such omnibus, hack, cab or other like vehicle shall stand in any one such public place for more than thirty minutes at one time ; and any person refusing to obey the rules so made shall be fined not less than one dollar nor more than fifty dollars for each offense. CHAPTER XXXIV. VEHICLES. 1001. Keep to the right.] § 1. All vehicles of every descrip- tion traveling on any bridge, street, alley, highwa}^ or public ground, or public way whatsoever, and all horsemen, shall observe what is commonly called the "law of the road," viz: Keep to the right hand side in passing and turning. And any person failing to observe said rules, and thereby occasioning any collision or accident with any other vehicle, animal or person, shall be fined not less than five dollars nor more than one hundred dollars. 1002. Speed of animals and vehicles.] § 2. Within the limits of Seminary street on the north, the Wabash railroad on the east, South street on the south, and Gilbert street on the west, the speed of all horses or other animals, ridden or driven, with or without a vehicle; and of all bicycles, or other vehicles used for transportation, is hereb}^ limited to the rate of six m.iles per hour, and at all other places in the city limits is limited to twelve miles per hour: Pro- vided, always, however, that in turning corners the speed is in all cases limited to four miles an hour. A violation of any of the terms of this section shall subject the offender to a fine of not less than five dollars nor more than two hundred dollars. 1003. Lights— horns.] § 3. For the protection of travelers, vehicles shall be equipped as follows: Every bicycle, or similar vehicle shall have a bell or gong or horn which shall be sounded in case of danger, or when necessary to give warning; and in the night time such vehicles shall also each be equipped with at least one bright, clear light, which shall be kept burning, under a penalty in either case of not less than five dollars nor .more than one hundred dollars. 306 GENERAL ORDINANCl^S 1004. Vehicles kept for hire — license.] § 4. No person shall keep or use for hire for the can-yinjj; of persons or property any vehiele of any kind without first obtainin<^ license as elsewhere prescribed in these ordinances, and each vehicle licensed shall have a distinct number, kept posted on the vehicle. The maximum charges for such service shall be as follows : First — Carrying passengers between any two points in the city, twenty-five cents; no extra charge for one piece of hand-baggage. Second — For the use of any two-horse cab, carriage or other ve- hicle, with driver, for carriage of persons, one dollar per hour. Third — For a one-horse vehicle, with driver, for carriage of per- sons, fifty cents per hour. Fourth — For children between six and fourteen years of age, one- half fare. Fifth — For carrying baggage between any two points in the city, twenty-five cents for each piece. Sixth— For carrying merchandise, on any vehicle, not exceeding six blocks, twenty-five cents per load; for any distance exceeding six blocks, fifty cents per load. By load is hereby meant an ordinary wagon or dray load. Any person failing to keep his number posted as aforesaid, or charging rates in excess of the foregoing, shall be fined not less than three dollars nor more than one hundred dollars, and such delin- quency shall be cause for forfeiture of the license by the city council. 1005. Brakes, mufflers, and signal devices required.] § 5. It shall be unlawful for an}- person in charge or control of any motor, bicycle, tricycle, automobile, or motor vehicle, to use such vehicle on the streets, alleys, or public places within the city limits, unless such vehicle be provided with a good and suflEicient brake and muffler, and also with a suitable bell, horn or other signal device. Any person violating the provisions of this Act shall be fined a sum not exceeding two hundred dollars for each offence. 1006. Open mufflers prohibited — machinery to be stopped.] § 6. No part of the machinery of any motor bicycle or tricycle, automobile, or motor vehicle, shall be left running while said vehicle is left standing on any of the streets, alleys or public places within said city, nor shall the mufifier of such vehicle be opened or cut out while such vehicle is in use upon the streets, alleys, or other public places of this city. Any person violating the provisions of this section shall be fined in a sum not exceeding two hundred dollars for every violation. 1007. When to stop.] § 7. Whenever it shall appear that any horse driven or ridden by any person upon the streets, alleys or GENERAL ORDINANCES 307 other public places of this city is about to become frightened by the approach of any motor-bicycle or tricycle, automobile or other motor vehicle, it shall be the duty of the person driving or in charge of such vehicle, to cause the same to come to a full stop until such horse shall have passed. Any person \'iolating the provisions of this section shall be fined in a sum. not exceeding two hundred dollars for every offence. CHAPTER XXXV. WEIGHING COAL. 1008. Size of ton.] § 1. In the sale of coal, charcoal and coke, a hundred-weight shall consist of one hundred pounds avoirdupois, and twenty such hundred-weight shall constitute a ton. 1009. Delivery ticket.] § 2. Every person, firm or corporation engaged in the business of selling coal, charcoal or coke to be delivered in the city to any person, firm or corporation not engaged in the business of selling coal, charcoal or coke, shall provide the driver of the wagon or conveyance with a deliver}^ ticket bearing the name of the person, firni or corporation selling such fuel, showing the true net weight of the fuel, and the name and address of the purchaser of said fuel, which said delivery ticket shall be delivered by the driver in charge of the wagon or conveyance to the purchaser, or his agent, or representatives at the time of the delivery of the fuel. 1010. Delivery of ticket.] § 3. Every driver, or other person having charge of a wagon or conveyance in which either of the commodities mentioned in section two of this chapter is being hauled for delivery as aforesaid, shall, at all times, during said hauling, have in his possession the delivery ticket mentioned in said section two hereof, and shall deliver said ticket to the purchaser, his agent or representative at the time of the delivery of the fuel. 1011. Re-weighing coal.] § 4. Every person in charge of a wagon or conveyance used in delivering coal, charcoal or coke shall, on demand of any police officer of said city, or the purcahser or intend- ing purchaser of the fuel being delivered, produce and deliver said delivery ticket mentioned in section two, and whenever said officer or the purchaser, or intending purchaser, shall demand that the weight shown by such delivery ticket be verified, it shall thereupon become the duty of the person having such fuel in his charge, to convey the same forthwith to some public scale, or to some private scale in the neighborhood of the place, where said demand is made, to be selected by the said police officer, or the purchaser, or intending 308 GENERAL ORDINANCES purchaser of the said fuel, and the coal, charcoal or coke, together with the conveyance and equipment, shall be re-weighed for he jjurpose of ascertaining the gross weight thereof, and after the delivery of such fuel the person in charge of such wagon or convey- ance shall return forthwith, with the conveyance and equipment used in the delivery of such coal, charcoal or coke, to the same scale selected by such police officer, or purchaser, or intended purchaser, and ])ermit the weighing of said conveyance and equipment, for the ]jurpose of verifying the net weight of the coal, charcoal or coke as shown by the delivery ticket : Provided, however, that if the seller, or the driver of the wagon, or conveyance, or person in charge there- of, requests the privilege of again re-weighing said fuel on another and different scale from that selected by the said police officer, or the purchaser, or intending purchaser, such police officer, or purchaser, or intending purchaser, shall consent to such re-weighing on some other scale in the neighborhood of the place where demand for re- weighing is made. 1012. Penalties.] § 5. Any person, firm or corporation, selling and delivering, or attempting to sell and deliver coal, charcoal or coke in the city without having in the possession of the driver, or person in charge of the wagon or conveyance, at the time such delivery is being made, or when such fuel shall be in transit, a de- livery ticket as provided in sections two and three of this chapter, or who shall fail to deliver such ticket to such purchaser, or shall fail to exhibit the said ticket to any police officer or other person as afore- said, shall be fined not less than five dollars nor more than fifty dollars for each offence. Any person, firm or corporation, or person in charge of the vehicle or conveyance aforesaid, who shall have, upon the wagon or conveyance, coal, charcoal or coke of a weight less than that called for by the delivery ticket issued or exhibited as aforesaid, shall be fined not less than twenty-five dollars nor more than two hundred dollars for each offence. Any driver, or person in charge of any wagon or conveyance as aforesaid, who shall fail or refuse to cause said fuel and wagon or conveyance to be re- weighed as hereinbefore provided, shall be fined not less than five dollars nor more than fiftv dollars for each offence or refusal. CHAPTER XXXVI. WEIGHTS AND SCALES. 1013. License to keep scales.] $ 1. All persons desiring to keep scales in any public place for the weighing of coal, grain or other bulky .substances, for other persons, shall take out a license for that purpose, to be issued by the mayor and clerk. The fees for GENERAL ORDINANCES 309 such license shall be ten dollars per annum, and the applicant shall also give bond in the sum of five hundred dollars, with two good and sufficient sureties, to be approved by said clerk, conditioned for the observance of the laws and ordinances governing the duties of said occupation. The penalty for conducting such occupation without license is hereby fixed at not less than five dollars nor more than two hundred dollars. 1014. Duties of weighers.] § 2. Every person keeping any such pubHc scales shall constantly keep his scales adjusted in a true balance, and shall keep a true and full record, in ink, in a well bound book, of each load weighed, and such scales and books shall be open at all ordinary business hours for public inspection. A failure to observe any of these requirements will subject the offender to a penalty of not less than one dollar nor more than fifty dollars, and will also subject the offender to a revocation of his license by the city council. 1015. Charges.] § 3. The' charges for any such weighing as aforesaid, shall not exceed ten cents per load, which includes the return weighing of the empty wagon. 1016. Produce by weight.] § 4. All grain, flour, meal, hay, straw, feed, seeds, nuts, ice, vegetables and non-vegetable produce, meats and non-Hquid animal produce, fish, butter, cheese and other dairy products, dry groceries and all other similar articles of m.er- chandise, in the absence of contract or agreement in writing to the contrary, shall be sold by standard avoirdupois weight or by numeri- cal count. 1017. Standard of weight of produce.] § 5. Whenever any of the following articles of merchandise shall be contracted for, sold or delivered, within the limits of the said city, and no written con- tract or agreement shall be made to the contrary, the weights per bushel, per barrel, or divisible merchantable quantities of a bushel or barrel shall be as follows : Wheat flour, per barrel, 196 pounds. Wheat flour per half-barrel, 98 pounds. Wheat flour, per quarter-barrel sack, 49 pounds. Wheat flour, per eighth-barrel sack, 24|- pounds. Corn meal, per bushel sack, 48 pounds. Corn meal, per half -bushel sack, 24 pounds. Corn in the ear, 70 pounds, per bushel. Shelled corn, 56 pounds, per bushel. Rye, 56 pounds per bushel. Oats, 32 pounds, per bushel. Barley, 48 pounds, per bushel. Flax seed, 56 pounds, per bushel. 310 GENERAL ORDINANCES Clover seed, 60 pounds, per bushel. Timothy seed, 45 pounds per bushel. Wheat, 60 pounds, per bushel. Irish ])ototaes, 60 pounds per bushel. Sweet potatoes, 50 pounds per bushel. Beets, 60 pounds, per bushel. Carrots, 55 ])ounds, per bushel. Turnips, 55 pounds per bushel. Onions, 57 pounds, per bushel. Onion Tops, 28 pounds, per bushel. Onion Sets, 32 pounds per bushel. White beans, 60 pounds per btishel. Parsnips, 55 pounds per bushel. Rutabagas, 55 pounds, per bushel. Hiekory nuts, 50 pounds per bushel. Walnuts, 50 pounds per bushel. Green apples, 50 pounds per bushel. Dried apples 24 pounds per bushel. Dried peaches, 33 pounds per bushel. Peas in pods, 32 pounds per bushel. Beans in pods, 32 pounds per bushel. Popcorn, 70 pounds per bushel. Bran, 20 pounds per bushel. Buckwheat, 52 pounds per bushel. Fine Salt, 55 pounds per bushel. Coarse salt, 50 pounds per bushel. Blue grass seed, 14 pounds per bushel. Passed February 6th, 1912. Approved February 12th, 1912. Attest: J.TORRANCE, W. C. LEWMAN, City Clerk. Mayor. GENERAL ORDINANCES 311 CERTIFICATE OF CLERK. STATE OF ILLINOIS, ] Vermilion County, ' ss. City of Danville, I I, the undersigned, John Torrance, City Clerk of the City of Danville, Illinois, do hereby certify that the foregoing ordinances found on pages 189 to 311, inclusive, of this book, were duly passed at a regular meeting of the City Council, held on the 6th day of February, A. D., 1912, and were by the Mayor of said City duly approved on the 12th day of February, A. D. 1912, and that the foregoing is a trtie and correct copy of said ordinances, and is pub- lished in book fonri by the order of said City Council, as will appear by the records of said City now in my custody and of which I am by law the official custodian. Witness my hand and the corporate seal of said City, this 15th day of February, A. D. 1912. John Torrance, [Corporate Seal.] City Clerk. SPECIAL ORDINANCES SPECIAL ORDINANCES 315 ELECTRIC LIGHT. An Ordinance — Authorizing the Merchants Electric Light and Power Company, of Danville, Illinois, to erect and maintain towers, masts, poles, wires and machinery, to use and operate an electric lighting system along the streets, alleys, public ways and upon the public grounds in the City of Danville. 1018. § 1. Be it ordained by the City Council of the City of Dan- ville, Illinois: That the Merchants Electric Light and Power Com- pany, of Danville, Illinois, a body corporate under the laws of Illi- nois, be and is hereby permitted to erect and maintain, for the period of ninety-nine (99) years from the passage of this ordinance, upon the streets, alleys, public ways, and upon the public grounds of said city, and upon such private ground as it may have the right to occupy, such towers, masts, poles or standards, and use thereon such wires, cables, lamps, devices or other electrical conductors as may be necessary for the efficient operation of the electric lighting system: Provided, That all appliances and contrivances for such purpose shall be so constructed and maintained as not to unnecessarily inter- fere with the public use of any of said streets, alleys, ways or public grounds, and not to endanger life or injure private property; and that said wires and cables, so placed upon said masts, towers, poles and standards, shall be at least twenty feet distant from the surface grade of said streets, alleys, ways and public grounds; and, further, that said masts, towers, poles and standards shall be painted within a reasonable time after erection, and thereafter be kept painted. 1019. § 2. That said company shall forever indemnify and hold harmless the said city of Danville against all loss and damage any person or corporation may stiffer from the acts of said company, its agents, servants, employes, contractor, attorneys or solicitors, or which may result, directly or indirectly, from the passage of this ordinance and the privileges granted thereby. 1020. § 3. The privileges and obligations of this ordinance shall extend to and be binding upon the successors and assigns of said Merchants Electric Light and Power Company. 1021. § 4. Any person, not authorized by said company, who shall climb upon or in any manner deface or injure any tower, mast, pole, standard, lamp, wire, cable, or any apphance or machinery connected with the operation of said system of lighting, shall be fined not less than three dollars, nor more than one hundred dollars. 1022. § 5. This ordinance shall be in force from and after its passage. Passed and approved this 6th day of March, A. D. 1884, Published March 21, 1884. 316 SPECIAL ORDINANCES GAS. An Ordinance- In relation to the Danville Gas Light Company. 1023. § 1. Be it ordained by the City Council of the City of Danville: That the Danville Gas Light Company, their successors, associates and assigns are hereby authorised and empowered with full power and authority exclusively to manufacture, sell and dispose of gas, coke and tar made from any and all of the substances from w^hich inflammable gas, coke and tar can be obtained and be used for the purpose of lighting the city of Danville or the [streets] thereof, and public places or houses therein contained and other places in the vicinity, and to erect and maintain all the necessary works and apparatus therefor. 1024. § 2. That said Danville Gas Light Company are hereby empowered and authorized to build, erect and maintain structures, buildings and apparatus, necessary or incident or suitable to their convenience, within the corporate limits of the city, and also with full and exclusive power and authority to excavate and dig and lay pipes, mains or sub-mains for the purpose of conducting gas in any of the streets, avenues, alleys, highways, public grounds, sidewalks, or other public places in said city or elsewhere, with full power and authority to maintain the said pipes, mains and sub-mains in any of such streets, avenues, alleys, highways, public grounds, sidewalks, or other pubHc places in said city or elsewhere, and to repair, re- move, change or re-locate such pipes, mains or sub-mains, and to do the digging and excavating instant [incident] thereto at such times and in such manner as said Danville Gas Light Company may deem proper: Provided, always, That said Gas Light Company exercise the rights and powers herein granted in such manner as to do no pennanent injury or damage to any such streets, avenues, alleys, highways, public grounds, sidewalks or other public places in said city, and that after they shall have dag or excavated therein, and laid, altered, changed, repaired or re-located any of their pipes, mains or sub-mains, therein, they shall restore the premises exca- vated or dug to its former condition without delay. 1025. § 3. That the said Danville Gas Light Company, its suc- cessors or assigns, shall not allow any excavation, ditch or trench more than fifteen rods in length, in any one street or alley in the said city of Danville, at any one time, to remain open, uncovered, or in any manner exposed. 1026. § 4. That whenever the said Danville Gas Light Com- pany, its successors or assigns, shall dig, ditch, trench or excavate anv" street or alley in the said city of Danville, for the purpose of laying down its pipes, m.ains or sub-mains, or for any purpose what- ever, it shall be tlie duty of the said Danville Gas Light Company, SPECIAL ORDINANCES 317 its successors or assigns, to immediately repair such street or alley, and to restore and replace the same to a condition equal to that in which the same previously existed. 1027. § 5. That should the Danville Gas Light Company, its successors or assigns, suffer or permit any ditch, trench or excava- tion to remain open, uncovered, or in any manner exposed during the night, the same shall be protected by a substantial railing or other barricade, and by a lighted lantern suspended at each end thereof, and that it shall be unlawful for any ditch, trench or exca- vation across or over any sidewalk in the said city of Danville to re- main open or in any manner exposed during the night time. 1028. § 6. That the manner in which the said Danville Gas Light Company, its successors and assigns, shall lay the pipes, mains and sub-mains across any of the sewers or ditches or alleys of the said city of Danville, shall be under the direction of the commit- tee on streets and alleys of the city council, and of the city engineer of the said city of Danville. 1029. § 7. That for each violation of the provisions of this ordinance by the said Danville Gas Light Company, its successors or assigns, or by its agents, workmen or employes, the said Danville Gas Light Company, its successors or assigns, shall be liable to and shall pay a penalty of not less than five dollars. Passed and approved August 11, 1870. HEATING. An Ordinance — Granting to the Danville Gas, Electric Light and Street Railway Company a franchise for steam or electric heating. 1030. § 1. Be it ordained by the City Council of the City of Danville, Illinois: For and during the term of fifty (50) years begin- ning with the date of the acceptance of this ordinance, there is hereby granted to the Danville Gas, Electric Light and Street Railway Company (a corporation), and to its successors, assigns and lessees the right to manufacture, sell, distribute, deliver and dispose of steam and electricity within the City of Danville, Illinois, for the purpose of heating buildings and other places, within said city or within adja- cent territory, and for any other purpose for which said steam or electricity may prove to be adapted; and, further, there is hereby granted to said grantees above named, for that purpose, the right to use the streets, avenues, alleys and public grounds of this city (except the public parks) to construct under and upon the same such con- structions, pipes, mains, wires and apparatus as are suitable and adapted for such purposes, with full power and authority to maintain, repair and relocate the same from time to time: Pro- 318 SPECIAL ORDINANCES vided, always, That the powers herein granted are exercised in such manner as to do no ]jermanent injury or damage to such streets, avenues, alleys and pubHc grounds: And, Provided, Always, That such powers are exercised subject to all the restrictions in this ordi- nance contained. 1031. § 2. No excavation, ditch or trench more than fifteen (15) rods in length in any one street, avenue or alley, at one time, shall be jDcnnitted to remain open, uncovered or in any manner exposed, but when the same are opened they shall be at once with all reasonable speed restored and repaired so that the surface shall be smooth, solid and in as good condition as before. In case it shall be necessary to leave any ditch, trench or excava- tion open during the night, the same shall be securely fenced by a substantial railing or barricade, and protected by red lights, at each end, but in no case shall any opening across a sidewalk be permitted to remain uncovered or in any manner exposed. 1032. § 3. All openings made in the paved streets shall be made as near as practicable to the curb Hne, and the earth shall be carefully replaced, and shall be flushed with water, or rolled with a heav}^ roller, or tamped with a heavy weight, until the same shall be perfectly solid, and the pavement shall be restored to as good condition as beforehand, and in case the pavem.ent shall thereafter sink, the same shall from time to time be restored to such condition. And in case such street is found not to be restored to the condi- tion herein required, the city engineer shall notify said grantees in writing of the defects complained of, and in case such defects shall not be remedied within three (3) days, the city may cause the same to be remedied and recover the expense of so doing by suit before any court of competent jurisdiction, by suit upon the bond or otherwise. 1033. § 4. The manner in which said pipes, mains, sub-mains and other appliances and apparatus are laid across any of the sew- ers, streets or alleys of said city shall be under the direction of the street and alley committee of the city council, and of the city engi- neer of said city. 1034. § 5. Is thall be the duty of all plumbers and steam fitters, before making connection with the stearn street mains or steam ser\-ice pipes, in any building, to first obtain a pennit or consent in writing from the proprietor or some officer of the company or person owning or operating the Street Steam service, to make such connec- tion. 1035. § 6. Before an installation of steam radiation is com- pleted it shall be the duty of the plumber or steam .fitter to see that a cooling coil or indirect stack is put in, of sufUcient capacity to prevent the escape of hot water or live steam into the sewers. SPECIAL ORDINANCES 319 1036. § 7. Upon the completion of such connection it shall be the duty of such plumber or steam fitter making such connection to report, upon blanks to be furnished by the company or persons owning or operating the Street Steam service, the number of feet of direct or indirect radiation installed in the premises for whom such service is rendered. 1037. § 8. Any change in the surface radiation either to in- crease or diminish the number of feet of such radiation shall be governed by the requirements laid down in the foregoing sections. 1038. § 9. In the event that there is not sufficient drainage on the premises of any consumer of steam to properly carry away con- densed steam, permission is hereby granted to make connection with the city's sewers, said connection to be made under the supervision of the city engineer. 1039. § 10. Any person or persons violating any or all of the provisions of this ordinance contained in Sections Five, Six, Seven, Eight and Nine, shall be liable to a fine of not less than three dollars and not more than fifty dollars, and costs of suit, for each and every offense and each and every day of neglect to comply with the said pro- visions of this ordinance shall constitute a separate offense. Such fine and costs to be levied and collected in the same manner as other fines and costs are levied and collected for a violation of any city ordinance. 1040. § 11. Said grantees, their successors, assigns and lessees, shall in all things indemnify, and save and keep harmless said city and shall well and truly pay to said city any and all loss, damage or injury which said city may in any event sustain by reason of the act or neglect of said grantees, their successors, assigns, lessees, agents, servants and employes, or of either one or more of them. Said grantees upon the acceptance of this ordinance shall file with the city clerk of this city, a bond in the penal sum of ten thous- and dollars lawful money of the United States, jjayable to the City of Danville, Illinois, with good and sufficient sureties to be approved by the city council, conditioned to observe all the above requirements, especially that part thereof which refers to the restoration of the paved streets, which said bond shall be renewed by said grantees, their successors, assigns, or lessees at least as often as once in every three years, and oftener if required by the city council, and whenever so required by a resolution of said city council a new bond in like amount, and with like conditions, and with like security, shall be filed within fifteen (15) days after service of notice of such require- ment upon the grantees, their successors, assigns or lessees. 1041. § 12. The rights and privileges herein granted are sub- ject nevertheless to this condition that if said grantees desire to avail 320 SPECIAL ORDINANCES themselves thereof a written acceptance of all the terms of this ordinance must be filed with the city clerk within sixty (60) days after the passage of this ordinance, and also said grantees must within one year from this date have begun the actual work of the construc- tion of the heating plant contemplated herein, and in case such con- ditions are not met within the times specified, the rights and privileges granted shall be held to be abandoned. 1042. § 13. This ordinance shall take effect upon its due pub- lication as required by law. Passed April 18, 1895. Approved April 25, 1895. Published May 6, 1895. STREET RAILWAYS. An Ordinance — In relation to the Danville Gas, Electric Light and Street Railway Company, a corporation, organized under the laws of the State of Illinois. (After recital of compliance with various preliminary steps) — 1043. § 1. Be it ordained by the City Council of the City of Danville: That the right and privilege is hereby granted for a period and term of twenty years from the passage of this ordinance, to the Danville Gas, Electric Light and Street Railway Company, a corporation organized under the laws of Illinois, and to its successors and assigns, to locate, construct, own, operate and maintain for the term of years aforesaid a single or double track street railway, to be operated by electricity or any improved mode of propulsion not con- sidered a public nuisance; with all proper and necessary turn-outs, sidings, side-tracks, cross-overs, switches and other appurtenances in, along and upon the streets, grounds and bridges of said city as they now are or may hereafter be made, and in, upon and along the following named streets in said city, to-wit : Main street, from the west side of Mill street to the west side of the public square and from the east side of the public square to the city limits, and along and upon the said public square from the east and west sides thereof on regular curves to the north side of said public square. Vermilion street, from the north side of the public square north to the city limits. English street, from Vermilion street to a point fifty (50) feet east of the entrance of the cemetery. Williams street, from Vermilion street to the east side of Junction Avenue. Junction Avenue, from the south side of Williams street to the SPECIAL ORDINANCES 321 pght-of way of the Chicago and Eastern IlHnois Railroad, in a north- erly direction, as far as the street railway now extends. Park street, from the south side of Main street to the north side of Chestnut street. Chestnut street, from the west side of Park street to the east side of Buchanan street. Buchanan street, from the north side of Chestnut street to the south side of West street. West street, from the west side of Buchanan street to the east side of Illinois street. Madison street, from the west side of Vermilion street to the east side of Mill street. Chandler street, lying south of Fairchild street. Fairchild street, between Logan Avenue and Vermilion street, to- use, maintain and operate the same, for, and in consideration of, and subject to the terms, conditions and limitations hereinafter described. 1044. § 2. The said Street Railway may be operated by the construction of the over-head electric system or any other improved method of propulsion; the wire of which may be supported on wires at right angles to the center line of the street, or supported by poles planted in the sidewalk on the inside of the curb line, next the gutters- of the street; the right to plant and maintain these poles is hereby granted. The gauge of all of said tracks shall be what is known as "standard gauge." 1045. § 3. The track or tracks shall be constructed in conformity with the surface of said street and public grounds existing at the time of its construction and as the grades may be thereafter from time to time established; the cross-ties, frame work and superstructure shall be imbedded below the surface of the street and shall be so con- structed as to present the least practical interference with the travel and public use of said streets and public grounds, and the track or tracks shall be raised in such a manner as not to interfere with the free flow of water in the gutters that are now or may hereafter be built in said city, and they shall keep the streets between the rails and one foot outside of the tracks laid by it, level with the surface of the street and in good condition, so that carriages and other vehicles can easily and freely cross said track at any and all points, and that said rails may be laid not more than one-half inch above the grade of the streets and public grounds ; in all cases of dispute as to the proper condition or repair of any such track or tracks the decision of the mayor, city engineer and the committee on streets and alleys of said city shall be final and conclusive; in case said company, its. 322 SPECIAL ORDINANCES successors or assigns shall fail to make all repairs of said track, side track, switches, cross-overs, turn-outs, or turn-tables within ten days after written notice shall have been served upon any officer or em- ploye of said company, its successors or assigns, then said city of Danville, may make such repairs and charge the cost thereof upon the property, franchise and right-of-way of said company, its suc- cessors or assigns. 1046. § 4. Said com]3any, its successors or assigns shall not charge more than five cents fare each way for each passenger between the termini of said street railway within said city or any fractional part thereof; and a proper and sufficient system of transfers from one street to another shall be constantly and effectively maintained; all cars shall stop at the further crossing for receiving and discharg- ing passengers. 1047. § 5. All carriages and vehicles shall have a full and perfect right to travel over and along said tracks while not interfering with the travel of the cars thereon; but no person with carriage, vehicle or animal shall in any manner wilfully and purposely interfere with the running of the cars on said tracks, nor in any way unnecessarily injure any of said tracks or delay any of said cars, under a penalty •of not exceeding one hundred dollars for each offense. 1048. § 6. All poles erected in the streets of said city shall be straight, smooth and shapely and shall be kept neatly painted with good paint of a cheerful color, provided said poles may be painted black for a distance of eight feet from the surface of the street. 1049. § 7. No person shall be permitted to disfigure, mar or use said poles for the purpose of advertising anything, or for any other purpose whatever, without the consent of said company and the city council of said city; and any person who shall disfigure, mar, or in any manner interfere with said jdoIcs, or with said wires, shall be iined in any sum not exceeding one hundred dollars for each offense. 1050. § 8. The right to operate said railway shall extend to the full period of twenty years from the passage of this ordinance. 1051. § 9. The consent and authority given by this ordinance to the Danville Gas, Electric Light and Street Railway Company, its successors or assigns, to construct and operate said street railway, as provided herein, is upon the express condition that said company, its successors or assigns, shall pay all damages to owners of property abutting upon the street, road, "highway or public grounds upon or over which such road is to be constructed, which they may sustain by reason of the location or construction of the road; the same may be ascertained and paid in the manner provided by law. for the exer- cise of the right of eminent domain; and the said company, its successors or assigns, shall save and keep harmless the said city of SPECIAL ORDINANCES 323 Danville from all damages which may be caused by reason of the location or construction of the road or roads. 1052. § 10. That at any time said city shall improve any of the streets upon which said company, its successors or assigns, has laid any of its tracks, by paving the same, said company, its successors or assigns, shall, at the same time and in the same manner, pave and improve the right-of-way hereby granted, at its own expense; which paving shall include the space between the tracks of said street railway, and for the space of one foot on the outside of the outside rail thereof. 1053. § 11. That at any time said company, its' successors or assigns, shall lay any of its tracks upon any street which has there- tofore in whole or in part been paved or improved, by special tax upon the property abutting upon such street or part of street, the said company, its successors or assigns, shall pay to such property holders as have paid such special tax an amount equal to the cost of paving between the tracks, and for one foot on the outside of each line of track along the entire frontage owned by any such property holder along which such street may have been paved. 1054. § 12. Said company, its successors or assigns, shall not at any time run their cars through or otherwise unnecessarily dis- turb any funeral procession or any public parade. 1055. § 13. That said company, its successors or assigns, shall be allowed to build and keep in operation suitable power houses and car houses within the city limits of the said city of Danville for the operation of their plant or plants: Provided, however, That such houses shall conform to and be built in accord with any fire ordi- nance in force in said city. 1056. § 14. That said company, its successors or assigns, are hereby authorized to run its cars, for the transportation of passen- gers, over and along their said track at a rate of speed not exceed- ing fifteen miles per hour: Provided, however. That such speed within the fire limits of said city shall not exceed ten miles per hour. 1057. § 15. The franchise and privileges granted to the said company, its successors and assigns, are given upon the express and positive understanding and with the distinct reservation that the right to lay its tracks upon Vermilion street and Main street, as hereinbefore granted, is not exclusive, but said right is given by the city and accepted by said company, its successors or assigns, upon condition that any person, persons or company who may desire to lay a track or tracks upon either of said streets, or upon any part thereof, and operate and run a line of street cars thereon, and who shall be granted the privilege and franchise so to do by the city council of the said city, may, jointly with said company, its sue- 324 SPECIAL ORDINANCES cossors or assigns, use the track or tracks, and all wires, apparatus and machinery necessary to ]3ropel cars and operate a line of street railway on said streets, or either of them or any ])art thereof, upon such person, persons or company paying to said Danville Gas, Electric Light and Street Railway Company, its successors or assigns, one-half of the cost of such track or tracks, and of all such wires, apparatus and machinery which such person, persons or company may desire to use to propel their cars, and also pay one-half of the value of all paving done by said company and its successors or as- signs, which may be in use at the time when such person, persons or company may begin to use such track or tracks. 1058. § 16. That the said Danville Gas, Electric Light and Street Railway Company or its assigns .shall begin work upon such street railway system within thirty days after the passage of this ordinance, and have a line of cars fully equipped and in daily oper- ation on all lines covered by this franchise by September 1st, 1892, or forfeit all rights and privileges granted by this ordinance: Pro- vided, That if said company, its successors or assigns, shall be delayed by the order or injunction of any court of competent juris- diction from completing said lines of street railway, the time of such delay shall be excluded from the time herein specified for the completion of the same. 1059. § 17. Said company, its successors or assigns, shall pro- vide sufficient cars to run cars on each and every line or street herein named, and shall run such cars at intervals not exceeding one hour apart each way during each day; in case cars shall be taken from one line and put upon another line on public da\"S, said company, its successors or assigns, shall run cars each w^ay upon every line operated b}^ it during such days at intervals not exceeding said space of one hour, and in case of a failure so to do shall pay a fine of not less than twenty dollars for each offense : Proinded, Nothing herein contained shall require the payment of such fine when said cars cannot be run by reason of breakdowns, storms or other una- voidable cause: And, provided, further. That nothing herein con- tained shall be so construed as to compel said company, its succes- sors or assigns, to run its cars oil Sunday against their will. 1060. § 18. That said company shall cause to be lighted and comfortably heated in the winter time its cars on all its lines oper- ated under this franchise, and shall have and maintain at the end of its cars good and sufficient guards. 1061. § 19. The expense of publication of this ordinance shall be borne by the said company, its successors or assigns. 1062. § 20. This ordinance to be in full force and effect from and after its passage and due publication. Passed and approved Julv 3, 1891. Published July 8, 1891. " SPECIAL ORDINANCES 325 Thirty-year Extension — Danville Gas, Electric Light and Street Railway Company. (After recital of compliance with various preliminary steps) — 1063. § 1. Be it ordained by the City Council of the City of Dan- ville: That an ordinance of the City of Danville, entitled "An or- dinance in relation to the Danville Gas, Electric Light and Street Railway Company, a corporation, organized under the laws of the State of IlHnois,- passed and approved July 3rd, A. D. 1891, and the franchise therein granted to said Danville Gas, Electric Light and Street Railway Company, and to its successors and assigns, be, and the same is hereby extended and continued in force for the period of thirty years from this date, with all of the powers and privileges therein granted, and subject to all the terms, conditions and limita- tions therein expressed. 1064. § 1. b. The extension of the franchise rights and privi- leges herein granted to said Danville Gas, Electric Light and Street Railway Company is made upon the further express condition, to- wit, that at any time said city shall improve any of its streets upon which said company, its successors or assigns, has laid, or hereafter may lay a double track, in whole or in part along said street, by paving or macadamizing the same said company, its successors or assigns, shall, at the same time, and in the saine manner, pave and improve the right of way granted to said company, at its own ex- pense ; which paving shall include all the space between the rails of each of said tracks, and between each of such tracks, and one foot on the outside of the oustide rail of each of such tracks. This provision is in addition to the requirements of Section 10, of the original ordinance granting the franchise to said company. 1065. § 2. The expense of the publication of this ordinance shall be borne by said company, its successors and assigns. 1066. § 3. This ordinance shall be in full force and effect from and after its. passage and due publication. Adopted February 24, 1898, over mayor's veto. Published March 10, 1898. An Ordinance — Granting to the Danville Street Railway and Light Company the right to construct loop. (After recital of compliance with various preliminary steps) — 1067. § 1. Beit ordained by the City Council of the City of Danville: That the right, privilege and franchise be, and the same hereby is granted to the Danville Street Railway and Light Com- 326 SPECIAL ORDINANCES pany, a corporation, its successors and assigns, for the period of twenty (20) years, from and after this date, to construct, maintain and operate its Hne of electric street railway, to be operated by electricity or any other proper motive power, except steam, together with all necessary side tracks, switches, cross overs, turn-outs, curves, and connections with existing and future lines of said grantee, and all other appurtenances proper and necessary for the operation and management of said electric street railway, together with poles and over-head wires; and to construct and maintain conduits, man- holes, surface plates and sewer connections beneath the surface of the street, together with all necessary equipments in the premises, over, upon, and along the streets in said City of Danville, as follows, to-wit : — In Vermilion street, from the center of the Public Square to the center of South street. In South street, from the center of Vermilion street to the center of Walnut street. In Walnut street, from the center of South street to the center of Main street. 1068. § 2. That the lines of electric street railway hereby author- ized are hereby made subject to all of the terms and conditions prescribed by the said ordinances above mentioned, to-wit, the ordinance approved on the 3d day of July, 1891, and the ordinance approved on the 5th day of March, 1898, both of which said ordi- nances are hereby expressly referred to, and are also made expressly subject to the provisions of sections three and four of this ordinance. 1069. § 3. In addition thereto, it is expressly provided as a condition of this grant, that no switches or storage tracks of any kind shall be maintained in Vermilion street, between the Public Square and the center of South street. 1070. § 4. It is also further expressly provided that the grantee herein shall repay and refund, within thirty (30) days after the said line has been constructed in Vermilion street, to the property owners fronting and abutting on said Vermilion street, between the center of the Public Square and the center of South street, the original cost and expense of the paving of said street, including the cost of excavation and all other expense incident thereto, for the width of the space between the rails of the track of grantee, and one foot on the outside of each rail, said payment to be made to said abutting property owners pro-rata to their respective frontage, and as ascertained by the city engineer and city attorney of the City of Danville. Passed and approved July 3d, 1902. SPECIAL ORDINANCES 327"- An Ordinance — Granting to the Danville Street Railway and Light Company, the right to contract witli interurban lines as to certain matters. 1071. § 1. Be it ordained by the City Council of the City of Danville: That the right, power and authority is hereby given and granted to the Danville vStreet Railway and Light Company, its successors and assigns (hereinafter designated as grantee), to give and grant, by its contract, to Charles M. McCabe, his successors and assigns; and to the Danville, Paxton and Northern Railroad, its successors and assigns, a corporation now actually engaged in the operation of an interurban electric railway, operated by electricity or any other proper motive power, except steam, between Danville, Illinois, and certain other cities or villages, the right, privilege and franchise to use any of the lines of the Danville Street Railway and Light Company, now owned or operated, or which may hereafter be owned or operated by it, together with electric power and all other facilities, for the purpose onh" of operating and propelling, upon said lines of grantee, within said City of Danville, under said contract or contracts, the electric cars of such interurban railway for the transportation of passengers, baggage. United States mail, express matter and such freight as is hereinafter designated, for and during the period of twenty (20) years from and after this date, in said lines respectively. 1072. § 2. It is expressly provided that no freight of any kind or character in bulk shall be transported in any such interurban cars; and that the right to carry freight in such interurban cars is hereby expressly limited to package freight; and that no such single package shall exceed in weight three hundred pounds (300). The cars, in which such freight is transported, shall be either the regu- lar passenger cars of such interurban railways, or cars resembling such passenger cars in appearance, as nearly as is practicable. It is further expressly provided that (except in cases of accident, emergency, construction, or hauHng cinders, as hereinafter pro- vided) cars devoted wholly or in part to carry freight, express matter, baggage or United States mail, shall not be run attached together, coupled, or in trains. 1073. § 3. Grantee shall have the right to transport from the power house of the Danville Street Railway and Light Company, to and beyond the corporate limits of the City of Danville, by the shortest existing route, and in cars designed and used for that pur- pose, between the hours of 6 p. m. and 6 a. m., only, the cinders and refuse, the same being first thoroughly dampened, from such power house, for the purpose of using the same as ballast for any of said interurban lines. 328 SPECIAL ORDINANCES 1074. § 4. All cars of such interurban railways shall be sub- ject in their operation (except as herein otherwise provided), while within the limits of said City' of Danville, on any of the lines of said Danville Street Railway and Light Company, to all of the ordinances and municiijal provisions, which arc now or which may be, during the life of this franchise, in force, regulating or affecting the operation of the cars of the said Danville Street Railway and Light Company. 1075. § 5. Any interurban cars operated by the Danville Street Railway and Light Company, between Danville and ]3oints on the lines of the Danville, Paxton and Northern Railroad, shall have the same rights and be subject to the same restrictions, as herein- before set forth, as to passengers, baggage, express matter. United States mail and freight. Passed and approved July 3d, 1902. An Ordinance — Granting a franchise on Local Avenue to Danville Street Railway and Light Company. 1076. § 1. Be it ordained by the City Council of the City of Danville, Illinois: That the right, privilege and franchise be, and hereby is, granted to the' Danville vStreet Railway and Light Com- pany, a corporation, and its successors and assigns, hereinafter des- ignated as grantee, for a period of twenty (20) years from and after the passage, approval and publication of this ordinance, to con- struct, maintain and operate an electric street railway, to be oper- ated by electric or other proper motive power except steam, to- gether with all necessary tracks, side-tracks, switches, cross-overs, tiu-nouts, curves and connections with existing and future lines of grantee, and all other appurtenances proper and necessary for the operation and management of said railway, together with poles and over-head wires, and to construct and maintain proper and necessary conduits and tubes, man-holes, surface-plates and sewer connections beneath the surface of the street, together with all proper and nec- essary equipments in the premises, in, upon and along Local ave- nue in said city, from the intersection of said avenue with West IMain street to the section line between Sections seven (7) and eight (8), township nineteen (19) north, range eleven (11) west, of the second P. M. in the County of VermiHon and the State of Illinois, subject to the terms and conditions hereinafter prescribed. 1077. § 2. The tracks herein authorized shall be constructed upon that side of Local avenue adjacent to Ellsworth Park, that is to say, from the end of the necessary curve leading off of west Main street to a point near Beard's ice tunnel said track shall be confined to a strip twelve (12) feet in width next adjacent to said park; at or SPECIAL ORDINANCES 329 near said ice tunnel said track shall approach the center of said ave- nue, pass over said tunnel, and thence by the most convenient and least obstructive way to the section line aforesaid. 1078. § 3. The grade of said track shall follow substantially the present grade of Local avenue from West Main street to McVey street extended; thence, with an easy gradient not exceeding five (5) per cent, to a grade corresponding substantially with that of said avenue at a point not more than one hundred (100) feet west of the entrance to the driveway now leading into said park; contin- uing thence with a gradient corresponding substantially with that of said avenue to the approach to a bridge hereafter to be con- structed for the use of said track across the North Fork river; and thence by an easy gradient to permit of the ascent of cars to the roadway of said bridge. 1079. § 4. Said track shall be ballasted with gravel or crushed stone, and in such places as vehicles would have occasion to cross or recross said track such gravel or stone shall be compacted be- tween and outside of the rails so that said rails .shaU project not more than one-half (|) inch above the adjacent street surface. Elsewhere the spaces between and adjacent to the tics shall be well filled with such gravel or stone and made to present a neat and fin- ished appearance. 1080. § 5. It is expressly provided that until such time as said avenue may be paved or otherwise permanently built and the cross section thereof so changed as to throw all storm-water to the east or south-east side of said avenue, grantee shall provide and main- tain suitable and sufiicient storm-water inlets and gutters in and adjacent to said track; and in the event of any washing or other damage on said avenue due to lack or inadequacy of said inlets or gutters or to the ijresence or mode of construction of said track, grantee, shall repair such damage at its sole cost and expense. 1081. § 6. It is a further condition of this grant that grantee shall i.rovide at its sole cost and expense a suitable driveway into Ellsworth Park by an easy gradient; the same shall cross said track at a convenient point near the entrance of the present driveway into said park, and grantee shall keep the crossing of said driveway with said track planked so'id between the rails and eighteen (18) inches outwardly beyond said rails, with three (3) inch oak plank, for a distance of sixteen (16) feet. 1082. § 7. The grant, privilege and franchise hereinbefore pro- vided is made subject to the terms and conditions (so far as such terms and conditions are not clearly in conflict with the terms of this ordinance), of the following ordinances of said city to-wit: (1) "An ordinance in relation to the Danville Gas, Electric Light and 330 SPECIAL ORDINANCES Street Railway Company, a eorporation, organized under the laws- of the State of Illinois," passed and approved July 3, 1891; (2) Or- dinanee No. 647, passed and approved March 5, 1898; (3) Ordinance No. 900, passed and approved July 3, 1902. 1083. § 8. The right, power and authority heretofore given and granted to grantee, by ordinance No. 900 aforesaid, to contract with the Danville, Paxton and Northern Railroad Company, its suc- cessors and assigns, is hereby ratified, extended for the term of twenty (20) years hereinbefore mentioned, and made applicable to the right, privilege and franchise by this ordinance granted; and grantee is hereby expressly authorized to contract likewise with the Danville, Urbana and Champaign Railway Company in all respects as though said Dan^411e, Urbana and Champaign Railway Company were designated in said ordinance No. 900, instead of the Danville, Paxton and Northern Railroad. The terms and provisions of this section shall be applicable not only to the track by this ordinance authorized, but also to all tracks now owned, controlled or oper- ated by grantee as well as all such as may hereafter be so owned, controlled or operated. 1084. § 6. Said grantee shall have said railway built on or be- fore the first day of January, 1904: Provided, that any delay directly caused by injunction or other restraining order of any court of competent jurisdiction shall entitle said grantee to an extension of time beyond the first day of January, 1904, equal to the time during which said injunction or restraining order shall have been in effect. 1085. § 10. This ordinance shall be void and of none effect unless said grantee shall within ninety (90) days after the passage and approval hereof, file with the city clerk of said city, subject to the approval of the city council, its acceptance in writing of all the terms, conditions, restrictions and limitations of this ordinance. Said acceptance shall be accompanied by the publisher's certificate showing due publication hereof to have been miade at the cost of grantee. Passed and approved March 5, 1903. Published March 10, 1903. An Ordinance — Releasing the Danville Street Railway and Light Company from all obligations to longer keep and maintain its railway on a portion of Douglas avenue. Whereas, by sections nineteen and twenty of ordinance 1573 passed July 5, 1910, being an ordinance providing for the improve- ment of so much of Douglas avenue as lies between the east line of SPECIAL ORDINANCES 331 Buchanan street and the east hnc of IlHnois street, it is provided that the Danville Gas, Electric Light and Street Railway Company shall be released and forever discharged from complying with the terms and conditions of any ordinance relating to its use and occupation of said portion of Douglas avenue upon said company complying with the terms and conditions in said ordinance No. 1573, mentioned and set forth. And Whereas the Danville Street Railway and Light Company has become and is the owner of the property and franchises of said Dan- ville Gas, Electric Light and Street Railway Company. 1086. § 1. Now, Therefore, Beit ordained by the City Coun- cil of the City of Danville: That said Danville Street Railway and Light Company upon its full compliance with all the terms and conditions imposed upon said Danville Gas, Electric Light and Street Railway Company by said ordinance No. 1573, shall also be released and forever discharged from complying with the terms and conditions of any ordinance whereby it might be compelled to keep and maintain a street railway track in said portion of said Douglas avenue or to run its cars thereon. 1087. § 2. That the removal of the said track by said Danville Street Railway and Light Company shall be a waiver and release on its part and on the part of said Danville Gas, Electric Light and Street Railway Company to at any time occupy said portion of Douglas avenue under any ordinance or ordinances now in force. Passed August 16th, 1910. Approved August 17th, 1910. An Ordinance— Granting to the Danville Street Railway and Light Company, a franchise upon certain streets, from the intersec- tion of Buchanan street with the north line of Douglas avenue, and extending to a point in the Perrysville road about thirty- eight hundred feet from the west line of Buchanan street; and also authorizing it to discontinue operation of its railway on Douglas avenue. 1088. § 1. Be it ordained by the City Council of the City of Dan- ville, in the manner following, to-wit: That the right, privilege and franchise be, and the same hereby is given and granted to the Danville Street Railway and Light Company, its successors and assigns (hereinafter collectively designated as "grantee") for and during the period of twenty (20) years from and after the date of the passage and approval of this ordinance, to construct, maintain, lease, operate and use a railway, to be operated by elec- tricity or by any other proper motive power, except steam loco- motive, together with sidings, turnouts, spurs, curves and con- 332 SPECIAL ORDINANCES nections, poles and wires for conveyin*^ electricity for power, light, heat, and other jiurposes, and also all necessary and convenient cquiijment, apijlianccs, accessories and ap])urtenances for said railway, and to construct and maintain conduits, man-holes, sur- face plates and sewer connections beneath the surface of the ground, together with all other necessary, incidental and convenient equipment, ajiplianccs and appurtenances for said railway, from the intersection of Buchanan street with the north line of Douglas avenue extended to a point in the Perrysville road, approximately thirty- eight hundred (3800) feet from the west line of Buchanan street, by and along the route, and upon, over and along the certain streets, alleys and highways, bridges and public grounds as follows, to-wit: ((a) In Buchanan street from the north line of Douglas avenue, extended to the south line or juncture of the Perrysville road, and across all intersecting streets and public places. (b) In Perrysville road from the west line of Buchanan street south-easterly approximately thirty-eight hundred (3800) feet. 1089. § 2. That the construction, use, and maintenance by said grantee of its line of raihvay hereby authorized shall be subject, in all respects, to all the terms and conditions of all former ordinances under which its lines are now being used and operated in said Citv of Dan- ville. 1090. § 3. It is expressly provided that the line of railway pro- vided for in this ordinance and described in section one thereof, shall be constructed and iDlaced in regular operation by grantee, on or before the 1st day of June, 1909. 1091. § 4. That the line of street railway, in West street, now known as Douglas avenue, from the west side of Buchanan street to the east side of Illinois street provided for, and authorized by the ordi- nances of said city, approved on July 3rd, 1891, and on March 3rd, 1898, shall, during the life of said former ordinance, be maintained by grantee, in all respects as therein provided; but the grantee herein is hereby specifically exempted from all liability for failing to operate cars over said line hereafter, and is hereby specifically authorized hereafter to abandon the operation of cars over said line, except in so far as it may see fit to so operate. The exemption provided in this section shall become operative only when the new line authorized by this ordinance shall be placed in operation. 1092. § 5. This ordinance shall be in full force and eflcct from and after its passage and approval, if grantee shall, within forty (40) days after its said passage, file with the City Clerk: (a) Its acceptance in writing of the ternis and provisions of this ordinance. i SPECIAL ORDINANCES 333 (b) Its bond in the penal sum of Five Thousand Dollars ($5,000) conditioned that grantee shall, on or before June first, 1909, place in regular operation, the entire line of railway described in section one of this ordinance, and shall in all respects save and keep harmless the said City of Danville from any and all loss or damage of whatsoever nature or description arising by reason of the construction, use, maintenance or operation of said line of railway described in section one at any date before the first day of June, 1909, the grantee shall place its said line of railway in regular operation, and shall notify the city council in writing to that effect, that, thereupon said bond shall be immediately null and void. Passed June 30th, A. D. 1908. Approved July 7th, A. D. 1908. Accepted July 13, A. D. 1908. An Ordinance — Granting to the Danville Street Railway and Light Company, a franchise on Fairchild street from Vermilion street to the right of way Oi the Chicago and Eastern Illinois Railroad Company. 1093. § 1. That the right, privilege and franchise be, and the same are hereby granted to the Danville Street Railway and Light Company, a corporation, its successors and assigns, for the period of twenty (20) years from and after this date, to construct, maintain and operate its line of railway to be operated by electricity, or any other proper motive power, except that of steam locomotive, to- gether with all necessary side-tracks, switches, cross-overs, turn-outs, curves and connections, with existing and future lines of said grantee; and all other appurtenances proper, necessary and suitable for the operation and managem.ent of said railway, together with poles and overhead wires; and to construct and maintain conduits, man-holes, surface plates and sewer connections beneath the surface of the street, together with all necessary equipment in the premises, over, upon and along the street known as Fairchild street in said City of Danville, from the center line of Vermilion street eastward to the right of way and tracks of the Chicago & Eastern Illinois Railroad Company, and across all intersecting streets, alleys and public ]Dlaces. 1094. § 2. The right, privilege and franchise for the line of rail- way hereby authorized and granted is hereby granted subject to all of the terms and conditions, except as hereinafter provided, prescribed by said ordinances above mentioned, to-wit : The ordinance approved on the third day of July 1891, and ordinance passed on 3rd day of March, 1898, both of which said ordinances are hereby expressly referred to, and the building, construction and o]3eration of the line of railway herein authorized and provided for shall in all respects be governed by the provisions of said former ordinances. 334 - SPECIAL ORDINANCES 1095. § 3. This franchise is granted upon the express provision that said Danville Street Railway and Light Company, its successors and assigns, shall not, under this or any extension of franchise, cross the tracks of the Chicago & Eastern Illinois Railroad Company and Wabash Railway Company of Fairchild street at grade. Passed September 7, 1905. Approved September 14, 1905. An Ordinance- Granting a franchise to the Danville Street Railway and Light Company on South Vermilion street. Whereas, the City of Danville did, by its certain ordinance, entitled "An Ordinance in relation to the Danville Gas, Electric Light and Street Railway Company, a corporation, organized under the laws of the State of Illinois," passed and approved July 3, 1891, authorize the construction and maintenance by the Danville Gas, Electric Light and Street Railway Company, of certain lines of street railway, in the City of Danville; And Whereas, by its certain ordinance, numbered 674, and passed and approved on the 3rd day of March, 1898, the said City of Dan- ville made certain extensions of the franchises, rights and privileges theretofore granted as aforesaid; And Whereas, the Danville Street Railway and Light Company is the successor af the Danville Gas, Electric Light and Street Railway Company, and is now the owner of and operating all of the lines of street railway constructed or operated under or by virtue of said ordinances; And Whereas, it appears that the Danville Street Railway & Light Company has in all things complied with the terms and reqiiire- ments of the law with reference to obtaining a right, privilege and franchise to construct, maintain and operate a railway as hereinafter set forth; Now, Therefore, be it ordained, by the City Council of the City of Danville; 1096. § 1. That the right, privilege and franchise, be, and the same hereby is granted to the Danville Street Railway and Light Company, a corporation, its successors and assigns, for the period of twenty (20) years, from and after this date, to construct, maintain and operate its line of electric street railway, to be operated by elec- tricity, or any other proper motive power, except steam, together with all necessary side tracks, spurs, switches, cross-overs, turn-outs, curves and connections with existing and future lines of said grantee, and all other appurtenances proper and necessary for the operation SPECIAL ORDINANCES 335 and management of said electric street railway, together with poles and over-head wires ; and to construct and maintain conduits, man- holes, surface plates and sewer connections beneath the surface of the street, together with all necessary equipments in the premises, over, upon and along the street known as South Vennilion street, or South Vermilion street extended, in said City of Danville, between the north line of South street and the southern terminus of vSouth Vermilion street, or south Vermilion street extended, said southern terminus of South Vermilion street being approximately three blocks south of South street aforesaid. 1097. § 2. That the right, privilege and franchise for said line of electric street railway hereby authorized and granted are hereby made subject to all of the terms and conditions (except where, and in so far as, such terms and conditions are in conflict or inconsistent with the spirit and letter of this ordinance) prescribed by the said ordinances above miCntioned, to-wit: the ordinance approved on the 3rd day of July, 1891, and the ordinance approved on the 3rd day of March, 1898, both of which said ordinances are hereby expressly re- ferred to. 1098. § 3. It is expressly provided that nothing in sections 16 and 17 of aforementioned ordinance, approved July 3, 1891, and as extended by ordinance heretofore mentioned, approved March 3rd, 1898, relative to the construction and operation of the lines covered by said ordinances shall be construed to have reference, or shall be applicable, or attach, to any line of railway herein provided for, and authorized, or to the rights, privileges and franchise herein granted. Passed June 1st, 1905. Approved June 8th, 1905. An Ordinance — Granting to the Danville Street Railway and Light Company a franchise of English street from Vermilion street to Logan avenue. Whereas, the City of Danville did, by its certain ordinance, en- titled "An Ordinance in relation to the Danville Gas, Elecrtic Light and Street Railway Company, a corporation, organized under the laws of the State of Illinois," passed and approved July 3, 1891, authorize the construction and maintenance by the Danville Gas, Electric Light and Street Railway Company, of certain lines of street railway in the City of Danville; And Whereas, by its certain ordinance, numbered 674, and passed and approved on the 3rd day of March, 1898, the said City of Dan- ville, made certain extensions of the franchises, rights and privileges theretofore granted as aforesaid ; 336 SPECIAL ORDINANCES And Whereas, the Danville Street Railway and Light Company is the successor to the Danville Gas, Electric Light and Street Rail- way Company, and is now the owner of and operating all of the lines of street railway constructed, or operated under or by virtue of said ordinances ; And Whereas, it appears that the Danville Street Railway' & Light Company has in all things complied with the terms and requirements of the law with reference to obtaining a right, privilege and franchise to construct, maintain and operate a railway as hereinafter set forth; 1099. § I. Now, THEREFORE,'Be it ordained by the City Cottnctl of the City of Danville: That the right, privilege and franchise be, and the same hereby is granted to the Danville Street Railway and Light Company, a corporation, its successors and assigns, for the period of twenty (20) years from and after this date, to construct, maintain, and operate its line of electric street railway, to be operated by electricity or any other proper motive power, except steam, together with all necessary side tracks, switches, cross-overs, turn-outs, curves and connections with existing and future lines of said grantee, and all other appurtenances proper and necessary for the operation and management of said electric street railway, together with poles and over-head wires; and to construct and maintain conduits, man-holes, surface plates and sewer connections beneath the surface of the street, together with all necessary equipments in the premises, over, upon and along the street known as English street in said City of Danville, from the center line of Vermilion street to the center line of Logan avenue. 1100. § 2. That the right, privilege and franchise for the line of electric street railway, hereby authorized and granted, is hereby granted subject to all of the terms and conditions prescribed by the said ordinance, above mentioned, to- wit : the ordinance approved on the 3rd day of July, 1891, and an ordinance approved on the 3rd day of March, 1898, both of which said ordinances are hereby expressly referred to; and the building, construction and operation of the line of railway, herein provided, shall, in all respects, be governed by the provisions of said fonner ordinances. 1101. § 3. That the line of street railway, from VermiHon street to a point fifty (50) feet east of the cemetery in English street pro- vided for, and authorized by the said ordinances approved July 3rd, 1891, and the said ordinance approved March 3rd, 1898, shall, during the Hfe of said former ordinance, be maintained by grantee, in all respects as therein provided ; but the grantee herein is hereby speci- fically exempted from all liabiHty for failing to operate cars over said line hereafter, and is hereby specifically authorized hereafter to abandon the operation of cars over said line, except in so far as it SPECIAL ORDINANCES 337 may see fit to so operate. The exemption provided in this section shall become operative only when the new line authorized by this ordinance shall be placed in operation. Passed June 1st, 1905. Approved June 8th, 1905. An Ordinance— Granting to the Danville and Eastern Illinois Rail- way Company, a franchise upon Fairchild street or Fairchild street extended, from the west line of Griffith street to the east line of section three (3) township nineteen (19) north, range eleven (11) west, of the second (2d) P. M. 1102. § 1. Be it ordained by the City Council of the City of Dan- ville, in the manner following, to-wit : That the right, ]3rivilege and franchise, be and the same hereby is given and granted to the "gran- tee" for and during the period of fifty (50) years from and after the date of the passage and approval of this ordinance, to construct, maintain and operate a railway, to be operated by electricity, or by any other proper motive power, except steam, with all the necessary and incident- al tracks, side-tracks, switches, cross-overs, turn-outs, and other appur- tenances proper, necessary and incidental to the operation and manage- ment of said railway, together with poles and over-head wires, and to construct andrnaintain conduits, man-holes, surface plates and sewer connections beneath the surface of the ground, together with all necessary and incidental equipment in the premises, upon Fairchild street or Fairchild street extended, in the said City of Danville, from the west line of Griffith street to the east line of section three (3) in township nineteen (19) north, range eleven (11) west of the second (2d) P. M., in Vermilion County, Illinois. 1103. § 2. Cars to be used and operated on said railway from October first to May first, each year, shall have vestibules which will effectually protect the person or persons operating such cars. 1104. § 3. That the over-head wires m.ay be supported on wires, at approximately right angles to the street, supported by poles, planted in the sidewalk on the inside of the curb line of any such street, or at other convenient points in said streets, alleys, highways, bridges, and public grounds. 1105. § 4. The track or tracks shall be constructed in con- formity with the surface of the ground existing at this time, and as the grades may be thereafter from time to time established; the crossings, frame work, and superstructure shall be imbedded below the surface of the ground and shall be so constructed as to present the least inter- ference with the travel and public use of said streets. The track or tracks shall be raised in such a manner as not to interfere with the free flow of water in the gutters or ditches now existing or hereafter 338 SPECIAL ORDINANCES built by said city; and as to all portions of said street not now paved, and until same shall be paved, as hereinafter provided, grantee shall kecj) the space between the rails of the outside track, and for a space of one (1) foot on the outside of the outside rail, level with the surface •of the street and in good condition, so that carriages and other vehi- cles can easily and freely cross said tracks at any and all pionts: Provided, however, that said rails may be laid not more than one- half (§) inch above the grade of said street. In all cases of dispute as to the proper condition or repair of any such track or tracks, the ■decision of the Mayor, City Engineer and' the Committee on Streets and Alleys of said city shall be final and conclusive. In case grantee shall fail to make all repairs of said track or tracks within ten (10) days after written notice shall have been served upon any of^cer or grantee, then the said City of Danville may make such repairs and charge the cost thereof upon the property, franchise and right of way of grantee. 1106. § 5. Within four months after the completion of the grantee's line of railway, herein authorized, grantee shall widen the grade of the roadway on which it is constructed, at its own cost and expense so that the space on each side of the outside rail of its track or tracks at any given point in said highway shall be at least ten (10) feet in width. The material to be used for such widening of the traveled portion of the street shall be such as the grantee shall desire to use, except that the top thereof shall consist of a good quality of gravel, at least six inches in thickness: And, provided, further, that grantee shall, at its own cost and expense, lengthen all culverts now on said street, so that the same shall be at least thirty-five (35) feet in length. 1107. § 6. That the tracks shall be laid in the center of said ■Street and highway as to that portion of the same wherein a single track is used; and where a double track is used, each track shall be as near the center line of said street and highway as it is practicable to place same, and equi-distant from said center line. 1108. § 7. That all poles erected in said streets shall be straight, smooth and shapely and shall be kept neatly painted : Provided, that said poles may be painted black for a distance of eight (8) feet from the surface of the ground. 1109. § 8. That the consent and authority given by this ordi- nance to construct, maintain and operate said electric railway as herein provided, is upon the express condition that said grantee shall pay all damages to owners of property abutting upon said streets or highways, or over which said electric railway is to be constructed, which they may sustain by reason of the location or construction of said railway, same to be ascertained and paid as provided by law, for SPECIAL ORDINANCES 339 the exercise of the right of eminent domain, and grantee shall save and keep harmless and indemnify said owners from any and all dam- ages which may be caused by the location or construction of said road. 1110. § 9. That if at any time hereafter the city shall improve an}^ portion of the street or highVv^ay over and along which this fran- chise is granted by paving the same, then said grantee shall, at the same time, and in the same manner, as to such portion of said street or highway, pave and improve its right of way at its own expense, in- cluding the space between its outside tracks, and also, a space of one foot on the outside of the outside rail of said track or tracks. 1111. § 10. That the grantee shall not, at any time, run cars through, or unnecessarily disturb, any funeral procession or public parade in said street, and that no cars shall be run along or upon said streets at any greater rate of speed than fifteen (15) miles per hour within the corporate limits of said city. 1112. § 11. It is expressly provided that the grantee shall have the right and privileges following as to its railway herein provided for, to-wit : (a) To operate, or permit to be operated by others, as many passenger cars as it may deem proper, not less, however, than one every half hour between the hours of six a. m. and ten p. m. every day. (b) To transport, in the vestibule of any such passenger cars, any mail, baggage, express m.atter, and freight in packages, not exceeding three hundred (300) pounds. (c) To operate, or permit to be operated by others, special cars for the transportation of mail or express matter. (d) To operate, or permit to be operated, electric locomotives and cars for the transportation of freight, but not more than two freight cars in any one train, which freight may consist of merchandise, cin- ders, railway construction material, or any other ordinary freight in packages not exceeding three hundred (300) pounds each.- And, pro- vided, further, that cinders and refuse may be transported from said power house, for use as ballast upon the roads of the grantee by the shortest existing route and in cars designed and used for that purpose, between the hours of six p. m. and six a. m., provided that said cinders and refuse are first thoroughly dampened. 1113. § 12. It is expressly provided that, in consideration of the grants above made to the grantee, the fare which the grantee shall be allowed to charge for carrying one single passenger, for one continuous passage, in one direction, shall be five cents and no more, over the following lines, and between the following termini in either direction : 340 • SPECIAL OKIDNANCES 1. Between any two ])oints on the lines of the grantee within the present corporate Hmits of the City of Danville. 2. Between any two points on the lines of the Danville Street Railway and Lij^ht Comi)any, within the ])resent corporate lirnits of the city of Danville. 3. Between any ]:oints on the lines of the Dan\-ille Street Railway and Lij2;ht Company within such corporate limits, and any point on the lines of the grantee within such cor])orate limits. 4. Between any two i^oints on the jjresent or future lines of the grantee of the Danville vStreet Railway and Light Company, of the Danville and Northern Railway Company, and of the Dan\dlle, Urbana and Champaign Railway Company, within the territory now included in the present corporate limits of the City of Danville. In order to make this tariff of rates efTectual, tlie grantee shall transfer, and shall also cause the Dan^'ille Street Railway and Light Company, its successors and assigns, the Danville and Northern Railway Company, its successors and assigns, and the Danville, Ur- bana and Champaign Railway Company, its successors and assigns, to likewise transfer all passengers so requesting the same to the lines and cars of the other, and to issue proper transfer slips or tickets under such proper regulations as it shall provide entitling each such pas- senger to the continuous transportation in one direction as above pro- vided at the rates aforesaid. It is the intent of this section that each passenger, for one single five cent fare, shall be entitled to be trans- ported in one continuous passage, in one direction, over the lines of any or all of the above mentioned traction corporations, between any two points reached by the present or future lines of either of them, within the territory now included within the present corporate lirnits of the City of Danville. 1114. § 13. This ordinance shall be in full force and effect from and after its passage and approval, if accepted in writing, within ten (10) days thereafter by the grantee; and the grantee shall also file a bond with the city clerk of the said City of Danville in the penal sum of ten thousand dollars i'$10,000), with good and sufficient sureties to be approved by the city council of the said city of Danville, conditioned that the grantee, its successors and assigns shall, in all re- spects, save and keep harmless said City of Danville from all loss or damage of whatsoever kind or description, arising by reason of the use, maintenance and operation of said railway mentioned herein; said bond to remain in full force and effect for the term of two years from and after its date ; Provided, however, that if at any time after this ordinance thus becomes effective, the grantee, or the Danville Street Railway and Light Company, its successors and assigns, or the Danville and Northern Railway Company, its successors and assigns, SPECIAL ORDINANCES 341 or the Danville, Urbana and Champaign Railway Company, its successors and assigns, shall fail or refuse to carry out in full, the pro- visions of section 12, for a period of thirty consecutive days, then and in that event, at the end of such period of thirty days, this ordinance, and all the right, privileges and franchises therein granted to the grantee shall become and be null and void and of no effect whatever. Passed August 12, 1907. Became a law without the signature of the Mayor. Accepted and bond given August 16th, 1907. INTERURBANS. An Ordinance — Granting franchise to D. P. & N. R. R. 1115. § 1. Be it ordained by the City Council of the City of Danville, Illinois, as follows: That the right, privilege and franchise be and hereby is granted to the Danville. Paxton & Northern Railroad , its successors and assigns, for a period of twenty (20) years from this date to construct, maintain, operate and erect an electric railway, to be operated b}^ electricity, or other pro]jer motive power, except steam, with all the necessary tracks, side-tracks, sidings, switches, turn-outs and other appurtenances proper or necessary few* the oper- ation and management of said street railroad, together with poles and over-head wires, and to construct and maintain conduits and tubes, with all necessary man-holes, surface plates and sewer con- nections beneath the surface of the streets, together with all neces- sary equii;ments in the premises, in, over, upon and along the bridge known as Gilbert Street Bridge, and also in, over, upon and along Gilbert street from the southern corporate limits of the City of Dan- ville, to a ]Doint at the interseciion of said Gilbert street with the north boundary line of Main street, in the said City of Danville, subject to the terms and conditions hereinafter i^rescribed. 1116. § 2. Where the railroad crosses said bridge the method of construction shall be as follows, to-wit: If there be but one track, the same shall be laid on the west side of said bridge, next to the west sidewalk, the west rail thereof shall be laid directly over the west stringer or truss of the bridge. If there be a double track, then, in addition to the above, the east rail of the east track shall be laid directly over the east stringer or truss of the bridge. The rails for such track or tracks shall be what is known as girder or flat rails, and shall be so placed upon the floor of the bridge as not to impede the travel of vehicles, so that the travel with teams may extend across the whole v-'idth of the bridge. The fences on each side of the bridge shall be made five feet high and shall be strengthened and made perfectly secure and solid. The over-head wires upon said 342 SPECIAL ORDINANCES bridge shall bo suspended upon brackets fastened to supports at- tached to the bridge, on the remainder of the street aforesaid the said wires may be suspended from wires at right angles from the street or from poles planted on the sidewalk on the inside of the curb line, next to the gutters. 1117. § 3. Before entering upon the said bridge, the following changes and alterations shall be made in said bridge, the same being recommended by Ira O. Baker, member American Society En- gineers, and engineer for the County of Vermilion, in the construc- tion of said bridge, namely: The walks on each side shall be reduced to four and one-half (4|) feet. There vshall be placed on the floor beams, under each rail of each track placed on said bridge, either a twelve (12) inch by sixteen (16) inch long leafed yellow pine girder, or a fifteen (15) inch, fort^'-two (42) pound per foot steel "I" beam. The expense of making these changes shall be borne by the company accepting this franchise; and the company accepting this franchise and using the said bridge for the purpose herein granted shall thereafter keep and maintain in repair, and at its own expense and cost, all that part of the floor of said bridge used by it and one foot on either side of same, lying within the corporate limits of the said city of Danville; all such repairs to be made at the direction and under the supervision of the City of Danville. Before entering upon said bridge to make said changes therein the grantee shall first file with the city clerk, of said city a bond in the penal sum of twenty-five thousand dollars, with good and sufificient sureties, to be approved by the city council, conditioned for the making of such changes in a careful and workmanlike manner, so that no injury shall result to the bridge therefrom, and for the miaking of all changes required by this ordinance. And conditioned, also, for the keeping in repair that part of the said bridge as aforesaid used by them that lies within the corporate limits of said city of Danville, at its or their own expense or cost, such repairs to be made at the direction and under the supervision of the said City of Danville, such condition to be in full force and effect during the continuance of the franchise herein granted. The grantee or company or companies accepting this franchise shall also keep and maintain all necessary arc lights upon said bridge, not less than three in number. 1118. § 3|. The cars to be operated on said street railway from October first to May first of each 3'ear shall have vestibules which will effectually protect the person or persons operating such cars. 1119. § 4. At the intersection of Gilbert street and Main street, a suitable curve may be made to aft'ord a ready and unimpeded SPECIAL ORDINANCES 343 passage of cars to and from the street railway track now on Main street. 1120. § 5. The track or tracks shall be constructed in con- formity with the surface of the said street existing at the tim.e of its construction, and as the grade may be thereafter from time to time established. The cross-ties, frame work and superstructure shall be made below the surface of the street and shall be so constructed as to present the least practicable interference with the travel and public use of said street, and the track or tracks shall be raised in such a manner as not to interfere with the free flow of water in the gutters that are now or may hereafter be built in said street. And the said grantee shall keep the street between the rails and for one foot on the outside of the track level with the surface of the said street, and in good condition, so that carriages or other vehicles can easily and readily cross said tracks at any and all points: Provided,, however, That said rails may be laid not more than one-half inch above the grade of said street, except that the track leading from Gilbert street to the north end of said Gilbert street bridge may be raised as much as is necessary so that necessary supports may be placed beneath said track; as to the proper condition or repair of any such track or tracks, the decision of the ma3'or, city engineer and comniittee on streets and alleys shall be final and conclusive, in case said grantee shall fail to make such repairs upon said track or tracks, within ten days after written notice shall have been served upon any officer or employe of said grantee then the City of Dan- ville may make such repairs and charge the cost thereof to the franchise and right-of way of said grantee. 1121. § 6. All poles erected in the street shall be straight, smooth and shapely, and shall be kept neatly painted with good paint of a cheerful color, provided said poles may be painted black for a distance of eight feet from the surface of the street. 1122. § 7. The consent and authority given by this ordinance to construct, maintain and operate said electric street railroad as provided herein, is upon the express condition that the said grantee shall pay all damages to owners of property abutting upon the street upon and over which said road is to be constructed; which they may sustain by reason of the location or construction of said road, the same to be ascertained and paid in the manner provided by law for the exercise of the right of eminent domain, and the said grantee shall save and keep harmless said City of Danville from all damages which may be caused by reason of the location or con- struction of said road. 1123. § 8. That at any time said city shall improve Gilbert street by paving the same, said grantee shall at its own expense and in the same manner pave and improve the right-of-way hereby 344 SPECIAL ORDINANCES granted, which paving shall include the space between the tracks of said railroad and one foot on the outside of the outside rail thereof. 1124. § 9. Said grantee shall not at any time run cars through or otherwise unnecessarily disturb any fimcral i)roccssion or any public parade. 1125. § 10. Said street railway shall not be operated so as to run cars over said tracks within the corporate limits of this city at any greater rate of speed than four miles j^er hour. 1126. § 11. The said grantee shall have the work upon said railroad fully completed on November 1 5th after the passage of this ordinance, or forfeit all rights and privileges granted by this ordi- nance: Provided, That should it be delayed by any court of com- petent jurisdiction from completing said railway, by injunction or other restraining order, the time of such delay shall be excluded from the time herein specified for the completion of the same. 1127. § 12. If said grantee desires to avail itself of the benefits of this ordinance, it shall, within ten days after the same goes into effect, file a written acceptance of its terms with the city clerk of the said City of Danville, together with a bond in the penal sum of twenty-five thousand dollars, with good and sufficient sureties to be approved by the city council of the said City of Danville, condi- tioned that the said grantee or grantees shall in all respects save and keep harmless the said City of Danville from any and all loss, or damage of whatsoever kind or description arising by reason of the use, maintenance or operation of the said railroad mentioned herein, over, upon and along the said Gilbert street, from the south- ern corporate limits of the City of Danville to the said point at the intersection of said Gilbert street with the north boundary of Main street, in the said City of Danville. Passed and approved May 23, 1901. An Ordinance — Granting a franchise to the Danville, Urbana and Champaign Railway Company, upon certain streets and alleys, from the Public Square to the western corporate limits of said city. Whereas, it appears that the Danville, Urbana and Champaign Railway Company, a railroad corporation, has, in all things, complied with the terms and requirements of law with reference to obtaining the right, franchise and pri\'ilege to construct, maintain and operate an electric railroad ai the points and places hereinafter particularly described; therefore, 1128. § 1. Be it ordained by the City Council of the City of SPECIAL ORDINANCES 345 Danville, in the manner following, to-wit: That the right, priv- ilege and franchise be, and the same hereby is given and granted to the Danville, Urbana and Champaign Railway Company, its successors and assigns (hereinafter collectively designated as ''grantee") for and during the period of thirty years, from and after the date of the passage and approval of this ordinance, to construct, maintain and operate a" railway to be operated by elec- tricity, or by any other proper miotive povv^er except steam, with all necessary and incidental tracks, side-tracks, switches, cross- overs, turn outs and other appurtenances proper, necessary and incidental to the operation and management of the said railway, together with i)oles and overhead wires; and to construct and main- tain conduits, man-holes, surface plates and sewer connections beneath the surface of, the ground, together with all other necessary and incidental equipment in the premises, from a point in the Public Square, in the City of Danville, to the western corporate limits of said City of Danville, by the route and upon and along the certain streets, alleys, highways and public grounds and bridges as follows, to-wit: (a) From a point in the Public Square, thence west in Main street to Ellsworth Park. (b) From a point in the Public Square, thence south in Vermilion street to the center of South street, thence west in Sbuth street to the center of Water street, thence westerly in Water street to the center of Walnut street, thence north in Walnut street to the center of Main street. (c) From the center of Main street in Logan avenue, thence or its extension in a southerly and westerly direction along the west and south border of Ellsworth Park to station 31 -^ 47 of grantee, thence northerly on the North Fork bridge to the north line of the North Fork stream. (d) From station 31 -a- 47 of grantee, thence northerly and west- erly in the highway which forms the easterly and southerly extension of Oak wood avenue to Oak wood avenue, thence westerly in Oak- wood avenue to the center of Third street. (e) From the center of Oakwood avenue, thence south in Third street to the center of Warrington avenue, thence west in Warring- ton avenue and northerly in the highway at the west end of Warring- ton avenue to station 88 -:- 96.7 of grantee. (f) From the center of Third street, thence westerly in the high- way, street or alley which adjoins the right-of-way of the Peqria and Eastern Railway Company, on the south thereof, to the v-^estern limits of the city of Danville. Which said route, streets, highways, public grounds and bridges and which above mentioned stations 346 SPECIAL ORDINANCES of grantee are shown in detail 1)>- the map and ]:)lat thereof hereto attaehed marked Exhibit "A," and made part of the above descrip- tion being the Champaign division of the Hnes of grantee as the same •now exists in the corporate limits of the City of Danville. 1129. § 2. That the over-head wires may be supported on wires at approximately right angles to the street, supported by poles, planted in the sidewalk on the inside of the curb line of any such street or at any other convenient point in said street, alleys, high- ways, bridges and public grounds. 1130. § 3. The track, or tracks, shall be constructed in con- formity with the surface of the ground existing at this time, and as the grades may be hereafter from time to time established ; the cross- ings, framework and superstructure shall be imbedded below the sur- face of the ground and it shall be so constructed as to present the least interference with the travel and public use of said street. The track, or tracks, shall be raised in such manner as not to interfere with the free flow of water in the gutters or ditches now existing or hereafter built by said city; and as to all portions of said street now paved, and until same shall be paved, as hereinafter provided. Grantee shall keep^the rails of the outside track and for the space of one foot on the outside of the outside rail, level with the surface of the street and in good condition, so that carriages and other vehicles can easily and freely cross said track at any and all points: Provided, however, that said rails shall be laid not more than one- half inch above the grade of said street. 1131. § 4. That the track shall be laid in the center of said street and highway as to that portion of the same wherein a single track is used; and where a double track is used, each track shall be as near the center- line of said street and highway as it is practicable to place the same: Provided, however, that where either a single or double track now exists in said street, highway, bridges or public grounds, same in its present location shall be deemed to comply with these requirements. 1132. § 5. That all poles erected in said street shall be straight, smooth and shapely, and shall be kept neatly painted.- Provided, that said poles may be painted black for a distance of eight feet from the surface of the ground. 1133. § 6. That the consent and authority given by this ordi- nance to construct, maintain and operate said electric railway as herein provided, is upon the express condition that said grantee shall pay all damages to owners of property abutting upon said street or highway or over which said electric railway is to be constructed, which they may sustain by reason of the location or construction of said railway, same to be ascertained and paid as provided by law, for the exercise of the right of eminent domain, and grantee shall save and SPECIAL ORDINANCES 347 keep harmless and indemnify said owners from any and all damages which may be caused by the location or construction of said road. 1134. § 7. That if at any time hereafter the city shall improve any of the streets, highways or public grounds over and along which this franchise is granted, by paving the same, then said grantee shall at the same time, and in the same manner, pave and improve its right of way at its own expense including the space between the rails and tracks, and also the space of one foot on the outside of the outside rails of said track or tracks. 1135. § 8. That the grantee shall not, at any time run cars through or unnecessarily disturb any funeral procession or public parade in said street, and no cars should be run upon or along said street at any greater rate of speed than fifteen miles per hour within the corporate limits of said city. 1136. § 9. It is expressly provided that grantee shall have the right and privileges following as to its railway herein provided for, to-wit : (a) To operate, or permit to be operated, by others, as many passenger cars as it may deem proper; not less, however, than one . every half hour between the hours of six a. m. and six p. m. every day. (b) To transport in the vestibule of any such passenger cars any mail baggage, express matter and freight in packages not exceeding three hundred pounds. (c) To operate, or permit to be operated by others, special cars for the transportation of mail or express matter. (d) To operate, or permit to be operated, electric locomotives and cars for the transportation of freight, but not more than two freight cars in any one train, which freight may consist of merchan- dise, cinders, railway construction material, or any other ordinary freight in packages not exceeding three hundred pounds each : And, provided, further, that cinders and refuse may be transported from said power house for use as ballast upon the roads of grantee by the shortest existing route and in cars designed and used for that purpose, between the hours of six p. m. and six a. m., provided that said cinders and refuse are first thoroughly dampened. 1137. § 10. It is expressly provided that the rights, privilege and franchise herein granted do not take away from grantee any rights heretofore granted by the City to the Danville Street Railway and Light Company, to the Danville, Paxton and Northern Railway Company, or to the Danville, Urbana and Champaign Railway Com- pan}^ all such fonner grants being in full force and effect. 1138. § 11. It is expressly provided that in consideration of the grant above made to the grantee, the fare which the grantee shall be 348 SPECIAL ORDINANCES allowed to charge for carrying one single passenger, for one continu- ous passage in one direction, shall be five cents and no more, over the following lines and between the following termini, in either direction, to- wit : 1. Between any two points on the line of the grantee within the present corporate limits of the City of Danville. 2. Between any two points on the line of the Danville Street Rail- way and Light Company within the present corporate limits of the City of Dan\-ille. 3. Between any point on the lines of the Danville Street Railway and Light Company within such corporate limits and any point on the lines of the grantee within such corporate limits. 4. Between any two points on the present or future lines of the grantee, of the Danville Street Railway and Light Company, and of the Danville Paxton and Northern Railway Compan}'^ and within the territory now included within the present corporate limits of the City of Danville, the village of Geniiantown and the Village of Rose- lawn. In order to make this tariff of rates effectual the grantee shall transfer, and shall also cause the Danville Street Railway and Light Company, its successors and assigns, and the Danville, Paxton and Northern Railway' Company, its successors and assigns, to like- wise transfer all passengers so requesting the same to the lines and cars of the other and to issue proper transfer slips or tickets under such proper regulations as it shall provide, entitling each such passenger to the continuous transportation in one direction as above provided at the rate aforesaid. It is the intent of this section that each passenger for one single five cent fare shall be entitled to be transported in one continuous passage in one direction o^^er the lines of an\^ or all of the above mentioned traction corporations between any tVv'O points reached by the present or future lines of either of them, within the territory now inchided within the present corporate limits of the City of Danville, \^llage of Germantown and Village of Roselawn. 1139. § 12. This ordinance shall be in full force and efiect from and after its passage and approval if accepted in writing within five days thereafter by the grantee : Provided, however, that if at any time after this ordinance thus becomes effectiA'C, the grantee or the Dan- ville Street Railway and Light Comijany, its successors and assigns, or the Danville and Northern Railroad Com]3any, its successors and assigns, shall fail or refuse to carry out in full the provisions of section 11 for a period of thirty consecutive days, then in that event at the end of such period of thirty days this ordinance, and all the right. SPECIAL ORDINANCEvS 349 privileges and franchises thereby granted to grantee, shall become and be null and void and of no effect whatever. Passed Julv 18, 1906. Approved Julv 25, 1906. Accepted July 25, 1906. An Ordinance- Authorizing the Danville, Urbana and Champaign Railway Company, to construct, a spur, or wye track, from the main line of said company into the property of the Western Brick Company. Whereas, the interest of the City of Danville and the general public will be advanced by the construction of a spur or wye track from the main line of the Danville, Urbana and Champaign Railway Company into the property of the Western Brick Company, as here- inafter provided for; and Whereas, said Danville, Urbana and Champaign Railway Com- pany in all respects has complied with the terms and requirements of the laws and statutes of the vState of IlHnois, with respect to ob- taining the express right and authority in and by this ordinance granted ; 1140. § 1. Therefore, Be it ordained by the City Council of the City of Danville, Illinois : That the right and authority be, and the same hereby are expressly granted to said Danville, Urbana and Champaign Railway Compan3% its successors, lessees and assigns, to construct, maititain and operate a spur or wye track from a connec- tion with the main line of said company approximately two hundred twenty-five feet (225) east of the easterly line of Bridge street at its intersection with Oakwood avenue, thence in a generally north- westerly direction to and across Bridge street to the property of the Western Brick Company at a point approximately one hundred and seventy-five ('175) feet northeasterly of the intersection of the westerly line of said Bridge street with the northerly line of said Oakwood avenue, together with all necessary and suitable switches, curves, connections, poles, overhead wires, equipment and accessories for the proper operation of said spur or wye track. 1141. § 2. That said company shall so construct said spur track that the top of the rails of the same shall be approximately or as nearly as practicable flush with the respective grades of said Oak- wood avenue and Bridge street and not to exceed one-quarter of an inch in elevation or depression, and in case the grade of either of said streets be changed, the said company shall raise or lower the said track so that the top of the rails thereof shall be approximately or as nearly as practicable flush with the grade or grades of said street, and not to exceed one-quarter of an inch in elevation or depression, and 350 SPECIAL ORDINANCES shall also plank the space between the rails and one foot on the outer side thereof from its main track to the point where the said spur track intersects the easterly line of Bridge street, and shall also plank the space between the said rails and one foot on the outer side thereof for a distance of twelve feet on each side of the center of said Bridge street, and shall also plank the space between said rails and one foot on the outside thereof the width of the sidewalks on each side of Bridge street, and shall also place a twelve inch sewer pipe twenty feet in length across said spur track on the westerly side of Bridge street at such place as may be designated by the committee on streets and alleys of said City of Danville or its City Engineer. 1142. § 3. That the said company shall, during the term here- inafter mentioned, keep said planks and said sewer pipe in a good and safe state of rejmir. 1143. § 4. That if at any time said City of Danville shall im- prove either of said streets upon or across which said spur track is located, said company, its successors or assigns, shall at the same time, and in the samiC manner, pave and improve the space between the rails of said track and the space of one foot on the outside of each rail : Provided, however, said company, its successors or assigns shall have the right to use paving brick instead of such other paving material as shall be used by said City of Danville. 1144. § 5. That the right and authority herein and hereby granted shall extend for and during the term of twenty-five vears until the 25th day of July, 1936. 1145. § 6. That within thirty days from date of the final pass- age and approval of this ordinance said company, its successors or assigns, shall file with the city clerk of said city its Vs'ritten acceptance of the terms and provisions thereof. § 7. That this ordinance shall be in full force from and after its final passage and acceptance by said company, its successors, lessees or assigns. . Passed March 28, 1911. Approved March 29, 1911. Accepted April 6, 1911. An Ordinance- Granting a franchise to the Danville, Urbana and Champaign Railway Company in South Danville. Whereas, on July 6, 1903, the Village of South Danville in the County of Vermilion and State of Illinois, passed, approved and adopted a certain ordinance, entitled "An ordinance authorizing the construction, maintenance, and operation by the Danville, Urbana, and Champaign Railway Compan}^ its successors and assigns, of an i SPECIAL ORDINANCES 351 electric railway upon and along the streets and highways known as Main Street in the Village of South Danville; And Whereas, on the 17th day of July, 1903, said Village of South Danville passed, approved and adopted a certain other ordinance amendatory thereto, and entitled, "An ordinance amending an ordinance entitled "An ordinance authorizing the construction, maintenance, and operation by Dan- ville, Urbana, and Champaign Railway Co., its successors and assigns, of an electric railway upon and along the street and highway known as Main street in Village of South Danville," passed and approved July 6, 1903, In and by which said ordinances said Village of South Danville gave and granted to said the Danville, Urbana and Champaign Rail- way Company, its successors and assigns (therein and herein col- lectively designated as "Grantee") the right, privilege and franchise to construct, maintain and operate its railway over and upon and along the certain streets, then known as Main street, in said village, from the northern corporate limits of said village (the north line of Bluff street) to the southern corporate limits of said village, in the certain manner and upon the certain terms and conditions set forth in said ordinances, which ordinances are hereby referred to for the greater certainty; and Whereas, said grantee has, in all respects, complied with the terms and conditions of said ordinances up to this time, and said ordinances are in full force and effect; and Whereas, the territory of what was then the Village of South Danville including the said streets known as Main street therein, was, in the year 1906, heretofore duly and legally annexed to and now is a part of the said City of Danville, 1146. § 1. Now, THEREFORE, Be it Ordained by the City Coun- cil of the City of Danville, in manner following, to-wit: 'That the above entitled ordinances, which were in force in the said Village of South Danville, at the time of the annexation to the City of Dan- ville, be and they hereby are, in all respects, approved, ratified, con- firmed and adopted by the City of Danville. 1147. § 2. Grantee shall on or before January 1, 1907, per- manently abandon the use of the Gilbert street bridge, and of Gil- bert street, from Main street to the north end of said bridge, and of the highway (Gilbert street extended), which extends from the south end of said bridge to the north line of Bluff street. Grantee shall on or before said date, remove its rails and ties from said street and highway and shall replace the pavement where said tiles and rails are so removed, in the same general condition as the adjacent pave- ment. Grantee shall also, on or before said date, remove its rails, 352 SPECIAL ORDINANCES ties and property from the said brid^T. Before abandoning said bridge, the grantee shall also place a new floor therein of the same material as the present floor and that thereafter the grantee shall be excused and released from any further duty or obligation with reference to said street, or to said highway, or to said bridge, and all the rights, privileges and franchises of grantee, granted to it by the City of Danville, County of Vermilion, or the town authorities of Danville township, with reference to said stieet, or said highway, or said bridge, shall be thereupon thereafter null and void and of no effect whatever. 1148. § 3. That the grantee intends (in lieu of said abandoned street, .highway and bridge) to construct, maintain and operate its line of railway on its own bridge, and on private riglit-of-way, from a j.ioint in said Main street in what was formerly South Dan- ville, near the south line of Bluff street, to some point or points north of Water street, and south of Main street, in the Cit}- of Danville. The right, privilege and franchise is hereby given and granted to the grantee to cross with its said line of railway described in this section, at grade, the streets and alleys, which its said line intersects between the points aforesaid, namely Main street, in what was formerly South Danville; Bluff street, Water street, Walnut street, and the allc}' parallel to and next west of Vermilion street substantially shown by Exhibit "A." 1149. § 4. It is expressly provided that, in consideration of the grants above made to the grantee, the fare which the grantee shall be allowed to charge for carr^ang one single passenger, for one continu- ous passage, in one direction, shall be five cents, and no more, over the following lines, and between the following termini, in either direc- tion, to-wit: 1. Between any two points on the lines of grantee within the present corporate limits of the City of Danville. 2. Between any two points on the line of the Danville Street Railway and Light Company within the present corporate limits of the City of Danville. 3. Between any point on the line of the Danville Street Railway and Light Company within stich corporate limits, and any point on the lines of the grantee within such corporate limits. -t. Between any two points on the present or future lines of the grantee, of the Danville Street Railway and Light Company, and of the Danville and Northern Railway Company within the territory now included in the present corporate limits of the city of Danville, the Village of Germantown and the Village of Roselawn. In order to make the tariff of rates effectual, the grantee shall transfer, and shall also cause the Danville Street Railway and Light SPECIAL ORDINANCES 353 Company, its successors and assigns, and the Danville and Northern Railway Compan^^ its successors and assigns, to likewise transfer all passengers, so requesting the same, to the lines and cars of the other, and to issue proper transfer slips or tickets, under such proper regulations as it shall provide entitling each such passenger to the continuous transportation in one direction above provided at the rate aforesaid. It is the intent of this section that each passenger for one single five cent fare shall be entitled to be transported in one continuous passage in one direction, over the lines of any or all of the above mentioned traction corporations between any two points reached by the present or future lines of either of them, within the territory now included within the present corporate limits of the City of Danville, Village of Germantown and Village of Roselawn. 1150. § 5. This ordinance shall be in full force and effect from and after its passage and approval, if accepted, in writing within five days thereafter by the grantee : Provided, however, that if at any time after this ordinance thus becomes effective, the grantee, or the Dan- ville Street Railway and Light Company, its successors and assigns, or the Danville and Northern Railroad Company, its successors and assigns, shall fail or refuse to carry out in full, the provisions of sec- tion four for a period of thirty consecutive days, then in that event, at the end of such period of thirty days, this ordinance and all the right, privilege and franchises thereby granted the grantee shall be- come and be null and void and of no eft'ect whatever. Passed July 18, 1906. Approved Julv 25, 1906. Accepted July 18, 1906. An Ordinance — Granting a franchise to the Danville and South- eastern Railway Company, upon certain streets, and high- ways, from the south line of the Public Souare to a point in the Perrysville Road approximately thirty -eight hundred feet from the west line of Buchanan street. Whereas, it appears that the Danville and Southeastern Railway Company, a railway corporation duly organized and existing under and by virtue of the laws of the State of Illinois, has, in all things, complied with the terms and requirements of the law with reference to obtaining from the city the right, privilege and franchise to con- struct, lease, maintain, operate and use a railway at the points and places hereinafter particularly described; and Whereas, the said Danville and Southeastern Railway Company has filed its petition therefor, accompanied by a similar petition, of a majority of the property owners representing a majority of frontage in each of the streets hereinafter named and in each mile of the route thereby covered; 354 SPECIAL ORDINANCES 1151. § 1. Now, THEREFORE, Be it Ordained by the City Coun- cil of the City of Danville, in the manner following, to-wit: That the right, privilege and franchise be, and the same is hereby given and granted to the Danville and Southeastern Railway Company, its successors and assigns (hereinafter collectively designated as "grantee"), for and during the period of thirty years from and after the date of the passage and approval of this ordinance, to construct, lease, maintain, operate and use a railway to be operated by electricity or by any other proper motive power, except steam locomotive, together with sidings, turn outs, spurs, curves and connections; poles and wires necessary and convenient equipment, appliances, accessories and appurtenances for said rail- way; and to construct and maintain conduits, man-holes, surface plates and sewer connections beneath the surface of the ground, together with all other necessary incidental and convenient equip- ment, appliances and appurtenances for said railway, from the south line of the Public Square in the City of Danville to a point in the Perrysville Road, approximately thirty-eight hundred (3800) feet from the west line of Buchanan street, by and along the route and upon, over and along the certain streets, alleys, highways, public square, bridges and public grounds, as follows, to-wit: (a) From the sotith line of the public square, connecting with the track of the Danville, Urbana and Champaign Railwa}^ Company, thence curving northeasterly to the east line of said public square. (b) In Main street from the east line of the public square to the east line of Park street and across all intersecting streets and public places. (c) In Park street from the north line of Main 'street to the south line of Bryan avenue, and across all intersecting streets and public places. (d) In Bryan avenue from the west line of Park street to the east line of Buchanan street, and across all intersecting streets and public places. (e) In Buchanan street from the north line of Bryan avenue to the south line of the intersection or juncture of the Perrysville road, and across all intersecting streets and public places. (f) In the Perrysville road from the west line of Buchanan street, approximately thirty-eight hundred (3800) feet. 1152. § 2. That trolley wires may be supported on wire at ap- proximately right angles to the street supported by poles planted in the side walk on the inside of and adjoining the curb line of any such street, or at any other convenient point in said streets, alleys, high- ways, bridges and public grounds. 1153. § 3. That the track shall be constructed in conformity SPECIAL ORDINANCES 355 with the surface of the ground existing at this time and as the grades may be thereafter, from time to time estabhshed. The crossings, frame work, and superstructures shall be imbedded below the surface of the ground and shall be so constructed as to present the least possible interference with the travel and public use of said streets. The track or tracks, shall be raised in such a manner as not to inter- fere with the free flow of water in the gutters or ditches now existing or hereafter built by said city ; and as to all portions of said street not now paved, and until the same shall be paved, as hereinafter provided, grantee shall keep the rails of the outside track, and for the space of one foot on the outside of the outside rail, level with the curbing of the street, and in good condition so that carriages and other vehicles can easily and freely cross said tracks at any and all points : Provided, however, that said rails may be laid not more than one-half inch above the grade of said street. 1154. § 4. In all cases of dispute as to the proper condition or repair of any such track, or tracks, the decision of the Mayor, City Engineer and the. Committee on vStreets and Alleys in said City shall be final and conclusive. In case grantee shall fail to make all repairs of such track or tracks within ten days after written notice shall have been served upon any ofificer of the grantee, then the said City of Danville may make such repairs and charge the cost thereof upon the property and franchise of grantee. Within four months after the completion of the line of railway in the Perrysvillc Road as herein authorized, grantee shall cause to be widened the grade of the road- way in said Perrysville road on which it is constructed, at its own cost and expense, so that the space on each side of the outside rail of its track or tracks, at any given point of said highway, shall be at least ten feet in width. The material to be used for such widening shall be such as the grantee may desire to use, except that the top thereof shall consist of a good quality of gravel at least six inches in thickness: And, provided, further, that grantee shall, at its own cost and expense, lengthen all culverts on said street, so that the same shall be at least thirty-five feet in length. 1155. § 5. That the tracks shall be laid in the center of said street and highway as to that portion of the same wherein a single track is used ; and where a double track is used each track shall be as near the center line of said streets and highways as it is practicable to place same : Provided, however, that where either a single or double track now exists in said street, highways, bridges or public grounds, the same, in its present location, shall be deemed to comply with these reciuirements : And, provided, further, that this provision shall not apply to curved tracks in the Public Square. 1156. . § 6. .That all poles erected in said street shall be straight, smooth and shapely and shall be kept neatly painted, provided that 356 SPECIAL ORDINANCES said poles may be painted hltick for a distance of ei^'ht feet from the surface of the ground. 1157. § 7. That the consent and authority given by this ordi- nance to construct, lease, maintain, operate and use said railway as herein i)rovided, is upon the express condition that grantee shall pay all damages to owners of property abutting upon said streets or high- ways, or over which said railway is to be constructed, which they may sustain by reason of the location or construction of said railway, the same to be ascertained and paid as provided by law for the exercise of the right of eminent domain, and grantee shall save and keep harm- less, and indemnify said owners from any and all damages that may be caused by the location or construction of said railway. And gran- tee shall also save and keep harmless said City of Danville from all damages which may be caused by reason of the location or construc- tion of said road. .1158. § 8. That if, at any time, hereafter, the city shall improve any of the streets, highways or public grounds over, upon and along which this franchise is granted by paving the same, then grantee shall, at the same time and in the same manner, pave and improve at its own expense, its right of way, including the space between the rails and track, and also a space of one foot on the outside of the outside rails of said track or tracks. That when grantee shall con- struct said railway on that portion of any of the streets herein men- tioned, which portion is now paved, and not rebated by any other company, it shall pay to those who are the respective owners of the property abutting on said portion of said street, unless heretofore or hereafter paid by the Danville Street Railway and Light Com- pany under franchise ordinances heretofore or hereafter, granted to the last named company, at the time of such construction, an amount equal to the original cost of paving said right-of-way between its tracks and between its rails and for one foot on each side thereof in proportion to the respective frontage owned by said respective own- ers. And on all streets covered by this franchise, now paved, or hereafter paved, the grantee shall, at its own sole cost and expense, keep and maintain, except as may be done by the Danville Street Railway and Light Company, its successors or assigns, the pa\4ng between its .tracks, and between its rails and for one foot on the out- side thereof in as good a condition, by repair or re-paving, as adja- cent paving in such street on each side thereof. 1159. § 9. That the grantee shall not, at any time, run cars through or unnecessarily disturb any funeral procession, or public parade, in said street, and that no cars shall be run along or upon said street at any greater rate of speed than ten miles per hour, within the fire limits of said city, and fifteen miles per hour outside of said fire limits, and inside of the corporate limits of said city. That grantee SPECIAL ORDINANCES 357 shall operate, or cause to be operated, by the Danville Street Rail- way and Light Company, its successors and assigns, or others, over the route from the Public Square to the south line of Douglas avenue, extended, which said route and line is hereafter designated and re- ferred to as route "A," at least one passenger car each twenty minutes between the hours of six a. m. and 10:30 p. m. on each- day. That grantee shall likewise operate, or cause to be operated, by the Dan- ville Street Railway and Light Company, its successors and assigns, or others, over the route from the south line of Douglas avenue ex- tended to the terminus of the line described in paragraph "F" of section 1, being approximately thirty-eight hundred (3800) feet dis- tant from the west line of Buchanan street in the Perrysville road, and which said last named route is hereinafter referred to and desig- nated as route "B," at least one passenger car each thirty minutes between .the hours of six a. m. and 10:30 p. m. on each day. In case grantee shall wilfully violate any of the provisions of this section 9, it shall be subject to a fine of not less than ten dollars nor more than twenty dollars for each day that such offense shall con- tinue after notice in writing shall have been served upon said com- pan3^ to be recovered by said city in any court of competent juris- diction : Provided, however, that this penalty shall not apply to any violation or omission caused by strikes, accidents or any causes over which the grantee has no control. 1160. § 10. It is expressly provided that grantee shall have the rights and privileges following as to its railway herein provided for, to-wit : (a) To operate, or cause or permit to be operated by others, as many passenger ears as it may deem proper, all of which ears shall be provided with a vestibule for the protection of the operators thereof. (b) To transport in the vestibule of any such passenger cars, any mail, baggage, express matter or freight in packages not exceeding three hundred (300) pounds. (c) To operate, or permit to be operated by others, special cars for the transportation of mail or express matter. (d) To operate or permit to be operated, electric locomotives and cars for the transportation of freight, but not more than two freight cars in any one train which freight may consist of merchandise, cinders, railway construction materials or any other ordinary freight in packages not exceeding three hundred (300) pounds each: And, provided, further, that cinders and refuse may be transported from the power house for use as ballast upon the roads of grantee by the shortest existing route and in cars designed and used for that purpose between the hours of six p. m. and six a. m. provided said cinders and refuse are first thoroughly dampened. 358 SPECIAL ORDINANCES 1161. § 11. The Danville Street Railway and Light Company has, at this time, a line of rails, together with poles and overhead wires, and all appurtenances, which line is now used and operated by it, upon, over and along certain of the streets above described, namely: The streets described in paragraph "A," "B," "C," "D" and "E" of section 1 (except that part of Buchanan street lying south of the north line of Douglas avenue extended), which said line is desig- nated as route "A." The Danville Street Railway and Light Com- pany contemplated (by permission in that behalf obtained from the City of Danville) the construction, maintenance and use by it, in the future, of an additional line of rails, together with poles and over- head wires and all appurtenances to be constructed, maintained and used upon, over and along certain streets above described, namely: That portion of the street described in paragraph "E" which Hes south of the north line of Douglas avenue extended, and the street described in paragraph "F" of section 1, which said last named line is .designated as route "B." It is provided that grantee shall, by contract with the Danville Street Railway and Light Company, use the said tracks, poles and overhead wires and appurtenances of said Danville Street Railway and Light Company as they now exist in route "A," or as they may be hereafter constructed in route "B," or as they may hereafter be renewed on either of said routes by said Danville Street Railway and Light Company. That if the rights and franchises of the Danville Street Railway and Light Compam- in said streets and Public Square, either as to route "A" or route "B" should cease before the expiration of said thirty years, then, for the remainder of said thirty years after said cessation, grantee shall construct, maintain and operate its own line in all respects as though said line had been originally constructed by the grantee: And, provided Jurther , that nothing herein contained shall be construed as enlarging or diminishing in any way the rights of said Danville Street Railway and Light Company in said existing or future tracks, poles, overhead wires and appurtenances, it being expressly provided that all former grants heretofore made to said Danville Street Rail- way and Light Company, and all future grants hereafter made to it, shall be and remain in full force and effect and not in any way changed by the provisions of this ordinance. 1162. § 12. It is expressly provided that in consideration of the grants above made to the grantee, the fare which the grantee shall be allowed to charge for carrying passengers, commencing and ending passage within the city limits of Danville, and all of the provisions with reference to the same, to transfers, shall be the same as imposed by the ordinances of the City of Danville upon the Danville Street Railway and Light Company upon and along the route above ihen- tioncd. 1163. § IvS. This ordinance shall be in full force and effect from SPECIAL ORDINANCES 359" and after its passage, if grantee shall within sixty days hereafter file with the city clerk its acceptance in writing of the terms and pro- visions of this ordinance. • Passed June 15th, A. D. 1908. Approved June 22nd, A. D. 1908. Accepted Jtily 13th, 1908. An Ordinance — Opening Harrison street across the right-of-way of the Chicago and Eastern Illinois Railroad Company; and re- moving the posts in the center of Collett street. Whereas, the city council of the City of Danville is desirous that the present bridge of the Chicago & Eastern Illinois Railroad Com- pany over Collett street, now supported by posts in the center of the street, be removed and replaced by a one-span bridge from curb to curb with no posts in the 'center, and are also desirous that Harrison street be opened across the right-of-way of the Chicago & Eastern Illinois P.ailroad Comipany and bridged overhead; and Whereas, said Harrison street was never platted or opened across said right-of-way, and right of travel across said right-of-way on. said street is now confined to a narrow passageway between piling, and is only a way by sufferance,- and the opening of said street by condemnation proceedings, or proceedings under the acts in relation to eminent domain would be expensive to the city, and would delay the opening of said street and retard improvements proposed to be made by said Railroad Company; and Whereas, said Chicago & Eastern Illinois Railroad Company, in consideration of being allowed to construct and maintain bridges across said Collett street and Harrison street in the manner herein- after set forth, is ready and willing to dedicate and open said Harrison street across its right-of-way, and is ready and willing to remove the present bridge across Collett street, and the posts supporting the same in the center of the street, and to replace the same by a single span, supported on posts at the curb line, with short spans extending from each curb line to the property line, and supported by posts at or near the outer sidewalk line and at the property line; and is ready and willing to construct an overhead bridge across Harrison street, giving a roadway about twenty-seven feet in width, supported by posts placed just inside the curb line, and it is for the best interests of the city that said proposition be accepted ; 1164. § 1. Therefore, Be it ordained by the City Council of the City of Danville, That in consideration of the Chicago & Eastern Illinois Railroad Company opening and dedicating Har- rison street across its right-of-way for the width of fifty-three feet and six inches on the center line, and bridging the same. 360 SPECIAL ORDINANCES with an overhead bridge so as to give, a roadway between cui'b lines of about twenty-seven feet in width, and removing the posts from the center of the street under Collett street bridge, said Chicago & Eastern Illinois Railroad Company, and its successors and assigns, be and hereby is authorized to con- struct and maintain across Collett street' from curb to curb, a single span overhead bridge su^jported upon four posts at each curb line, with short spans at each end extending from said main span to the property line, supported at or near the outer walk line by iron posts braced to the main span post, and with posts, or stone pillars at the property lines, and as temporary supports for each of said short spans, may maintain the present stone pillars, with sidewalk in the eight-foot space behind them and between them and the property line. 1165. 5^ 2. In consideration of the above, the said Chicago & Eastern Illinois Railroad Company, its successors and assigns, shall also have the right to construct and forever maintain an overhead bridge across Harrison street so dedicated and opened from property line to property line, with iron or steel posts or pillars to supi^ort the same at or near the curb line in said Harrison street. 1166. § 3. This ordinance shall take effect and be in force from and after its passage. Passed January 25, 1906. Approved February 1, 1906. An Ordinance— With reference to the opening of Van Buren street across the right-of-way of the Wabash Railroad Company. Whereas, the Wabash Railroad Company has made a proposition to the City of Danville which said proposition is in the words and figures following: This Indenture niade and entered into this 30th day of March, A. D., 1909, by and between the Wabash Railroad Company, a a corporation, as grantor, and the City of Danville, a Municipal Corporation of the vState of Illinois, witncsseth, that . Whereas, a certain street known as "Van Buren" street, in the said City of Danville, is now opened, paved and in use as and for a public street, up to the right-of-way of the Wabash Railroad Com- pany, both on the east and west side thereof, but is not now opened or used by the public at any point within the outside lines of said right-of-way; and Whereas, the said City of Danville desires to have opened for the use of the public, the lands of the Wabash Railroad Company within the boundary lines of the right-of-way of said Wabash Railroad Com- SPECIAL ORDINANCES 361 pany at the place where the same intersects the street lines of Van Buren street, as extended across said right-of-way; and Whereas, the opening of said lands for the use of the public by the Wabash Railroad Company, will cause great damage to the said Railroad Company, in this, to-wit, that it will destroy the reasonable exercise of the use to the Wabash Railroad Company of its passenger depot, and grounds, located in the said City of Danville, and situated immediately west of the lands referred to, unless and except that the said City of Danville shall at all times fully and faithfully perform all and singular the conditions hereinafter stated; and Whereas, the said City of Danville has requested the Wabash Railroad Company to open, for the use of the public, the lands afore- said, and has and does hereby agree to fully and faithfull}^ perform all and singular the conditions hereinafter stated, which said con- ditions, and each of them, are hereby agreed to be conditions subse- quent to the grant hereinafter made by the Wabash Railroad Com- pany to the said city; Now Therefore, in consideration of the premises, and of the sum of one dollar ($1.00) to it in hand paid by the said City of Danville, the Wabash Railroad Company does hereby release and quit-claim unto the City of Danville, for the use of the public as a public thor- oughfare, all of the ground within, and bounded by, the outside boundary line of the said Van Buren street extended, and the outside boundary line of the right-of-way of the Wabash Railroad Company, where the said boundary lines intersect each other at and within the said City of Danville : The foregoing grant made by the said Wabash Railroad Company to the said City of Danville, is subject to each and ever}^ of the conditions hereinafter stated, to-wit: 1167. Condition 1. That the said City of Danville shall, at all times, permit the said Wabash Railroad Company to hold and use the lands aforesaid for the purposes of stopping its passenger trains at its passenger depot in said city, for a period of fifteen minutes for each passenger train; and further, that the said city shall permit said Wabash Railroad Company to hold and use the lands aforesaid for the purpose of stopping its freight trains thereon for the same period as now provided by ordinance for other street crossings, all of which rights are hereby expressly reserved unto the Wabash Rail- road Company. 1168. Condition 2. That said Wabash Railroad Company shall not, at any tim.e in the future, be required by the said City of Dan- ville to furnish, construct, provide, operate and maintain any flag- man, crossing gates, or any other safety device, appliance or inter- locking plant, at the crossing aforesaid, except the safety device herein 362 SPECIAL ORDINANCES described, and which the Wabash Railroad Company shall construct, operate and maintain, to-\vit: A semaphore, or drop arm signal, at said Van Buren street crossing, which shall be immediately installed and thereafter maintained by the Wabash Railroad Company, and to be operated from the present, or future, watch tower structure at what is known as North street crossing, between the hours of seven o'clock a. m. and six o'clock p. m. of each day. Said semaphore and drop arm signal shall consist of an upright post not less than twenty- five feet in height from base to signal arm, which shall be placed in the right-of-way of the Wabash Railroad Company on the west side of the track and to the north of the center line of said Van Buren street. It shall be so operated that when set at "Danger," an arm shall be extended from said base horizontally as a signal to those approach- ing the crossing to stop, and when set at "Safety," said arm shall be dropped parallel to the upright post as a signal to those approaching that the crossing is clear, all in accordance w'ith the blue print attached and made a part hereof and made exhibit "A." 1169. Condition 3. That the said Wabash Railroad Company shall not now, nor at any time in the future, be required by the said City of Danville, to install, construct or maintain any crossing over its tracks and structures now within, or which may be hereafter within its said right-of-way at said point, except the crossing herein expressly described, which the Wabash Railroad Company shall be required to immediately install and thereafter maintain, to-wit: A suitable crossing over its tracks and structures which are now within or which may be hereafter within its said right-of-way, and within the boundary lines of said Van Buren street extended; all material and workmanship to be substantially similar to the crossing which is now in use in Main street in said city; where the said street crosses over the tracks of the said Wabash Railroad Company. 1170. Condition 4. That the said City of Danville will immedi- atel}' vacate, and thereafter keep vacated, that part of McDonald street in the said City of Danville lying between the northerly line of Van Buren street and the southerly line of the said North street. It is expressly understood and agreed by the said City of Danville, that in the event of its failure or refusal to, at any time in the future, fully and faithfully perform all and singular the conditions and cov- enants hereinabove contained, then in that event the Wabash Rail- road Company shall have the full right to enforce the conditions and terms of this grant by any proper proceeding at law, or by injunction, or other proper remedy in a court of equity. In witness whereof the said City of Danville has caused its corpor- ate name to be subscribed to these presents by the Mayor, and the same to be attested by the City Clerk, and its corporate seal to be affixed hereto. SPECIAL ORDINANCES 363 And the Wabash Railroad Company has Hkewise caused its cor- porate name to be subscribed by its Vice President, and the same to be attested by its Assistant Secretary, and its corporate seal to be affixed hereto on the day and year first above written. An Ordinance — Granting permission to the Danville and Indiana Harbor Railroad Company, its successors and assigns, to lay down certain tracks and to operate its railroad with the appur- tenances thereto. 1171. § 1. Be it ordained by the City Council of the City oj Dan- ville: That permission and authority be, and it is hereby granted to The Danville and Indiana Harbor Railroad Company, its lessees, . successors and assigns, to construct, lay down, maintain and operate a railroad with two or more tracks, and such switches, sidings and turnouts as may be necessary or convenient, along and upon the following route, in the City of Danville, Vermilion County, Illinois, to-wit : Entering the east line of the city limits at a point between English street and Stony Creek, crossing Pauline, Penn, Fera and Sidell streets, thence southwesterly to the center of Stony Creek at a point at or near Fera street continued, thence southwesterly through Gennantown, again entering the city limits at the center line of Fair- child street at a point between where Stony Creek now crosses Fair- child street at a point six hundred feet east of the present bridge over Stony Creek; thence continmng southwesterly crossing Jackson street between Woodbury street and the south right-of-way line of the Peoria and Eastern Railroad; Clay street between Jackson and Hazel street; and Hazel street between Clay street and the south right-of-way line of the Peoria and Eastern Railroad; also crossing Vermilion street between Clay street and the south right-of-way line of the Peoria and Eastern Railroad ; and crossing all intervening alleys ; 1172. § 2. The said railroad company, its lessees, successors or assigns may, and they are hereby authorized, to cross any and all intervening streets, alleys and water-courses upon or along the line of the said route, as designated in the first section hereof, at the grades hereinafter specified, and may occupy all such streets and alleys to a ■ width not exceeding seventy-five feet on each side of the center line of said railroad as shown on the map hereto attached. 1173. § 3. Said company, its lessees,, successors and assigns, may, and they are hereby authorized to lay down, maintain and operate, two or more railroad tracks, with such sidetracks and turnouts as may be necessary or convenient over and across any land which they 364 SPECIAL ORDINANCES now have acquired, or may acquire upon the line of said route by lease, purchase, condemnation or otherwise, and the said railroad company, its lessees, successors or assigns may use and operate the railroad tracks hereby authorized to be laid with steam or other motive power. 1174. § 4. The said company, its lessees, successors and assigns may, and they are hereby authorized, to erect and maintain poles with wires stretched thereon for the purpose of a telegraph, telephone or for signal, or for light or power, or any other piu-pose necessary and convenient to the proper operation of the said railroad : Provided, ho-ivever, that no wires shall be strung above any street or highway except at not less than twenty-two feet above the now existing sur- face of such street or alley. 1175. § 5. Permission and authority is hereby granted to the said railroad company, its lessees, successors and assigns to tem- porarily obstruct any and all streets, alleys or highways which may be crossed by said railroad upon and along the route herein pro- vided for, and to occupy Fairchild street with a temporary trestle during the time required for the construction of the permanent bridge herein provided for, the construction of its railroad and for the changing of the channel of Stony Creek, and the building of a bridge across the same, as hereinafter provided for: Provided, hoivever, that such obstruction shall be removed and such streets, alleys or highways restored to their reasonably safe condition as soon as practicable after the construction of the said railroad: Arid, provided, ftirther, that such temporary trestle asross Fairchild street shall have an opening of at least fourteen feet unobstructed for the passage of the public; and that Fairchild street shall, at all times, be kept in such condition as to be stiitable for use by the public. 1176. § 6. The said railroad company, its lessees, successors and assigns, are hereby authorized to di^'ert so much of the channel of Stony Creek from its present location, so that when said Stony Creek is diverted, the waters thereof will flow into the new channel described as follows: Commencing at a point on the south line of Stony Creek as now located, between Fera street and Pauline street; thence southwesterly crossing Fairchild street at a point between where Stony creek now crosses Fairchild street, and a point six hundred feet east of the present bridge over Stony Creek; thence continuing southwesterly to an intersection with the present channel of Stony creek at a point about four hundred feet south of Fairchild street. 1177. § 7. The said railroad shall be carried over and across Fairchild street upon a single span bridge spanning said street, the lowest part of said bridge shall be not less than thirteen feet above SPECIAL ORDINANCES 365 the present surface of Fairchild street. vSaid bridge shall have a floor that so far as practicable will prevent the water upon said bridge from dripping upon the highway. ' Except as herein provided for, all other streets and alleys authorized to be crossed shall be crossed at grade. The portion of Jackson street between the tracks of the Peoria and Eastern Railway Company and the tracks of the railroad hereby authorized to be laid, shall be filled in to make the grade of said street conform to the grade of the tracks of said railroad company and shall be put in as good a condition for public travel as now exist. Said work shall be done by The Dan\'ille and Indiana Harbor Railroad Company at its sole cost and expense, and to the satisfaction of the city engineer of the said city. Said railroad company shall, at its sole cost and expense, provide for carrying the surface water upon the streets and alleys authorized to be crossed or vacated into the natural channel now existing in such manner as is satisfactory to the said city engineer. 1178. § 8. All those parts of Pauline, Penn, Fera and Sidell streets lying within the limits of the present right-of-way lines of the Danville and Indiana Harbor Railroad, also those portions of the alleys lying between Penn, Sidell, Fera and Pauline streets within the lines of such right-of-way as shown in red on map attached, be, and they are hereby vacated and closed, and said railroad company is hereby authorized to build its retaining walls or embankments over and across such portion of said streets and alleys. 1179. § 9. All the grants herein contained are subject to the express provisions that the said railroad company will undertake and agree to do and perform all of the matters and things hereinafter set forth. (a) That the said railroad company shall, at its own sole cost and expense, acquire and dedicate for the use of the public, and put in good condition for passage, a street fifty feet wide parallel to its right-of-way on the west side thereof, commencing at a point in Fera street just south of the east and west alley between Penn and vSidell streets to a connection w4th Sidell street at or near the intersection of said vSidell street and the north and south alley between Kingdom and Fera street. (b) That the said Danville and Indiana Harbor Railroad Com- pany shall procure and dedicate for the use of the public as a street and fill to proper grade to the satisfaction of the city engineer of Danville lot three of Knight & Gregory's addition to Germantown, Illinois, and will move the now existing Fairchild street bridge over Stony Creek to a point on Stony Creek connecting said street so to be opened with Sidell street and rebuild said bridge at said point in as good a condition as is now is. After the removal of said bridge the 366 SPECIAL ORDINANCES fonncr channel of Stony Creek in Fairchild street shall be filled in bv the railroad colTlpan3^ (Section 6 as amended Nov. 29, 1905.) (c) That the said The Danville and Indiana Harbor Railroad Company shall procure and dedicate for the use of the public as a street, a strip of land fifty feet (50) in width across lots four (4) and five (5), of Buhl's addition to Germantown. The boundaries of gaid strip of land to coincide with the lines of Kingdom Avenue in the City of Danville extended southward to Fairchild street in the village of Germantown. (c-2) In consideration of the said Danville and Indiana Harbor Railroad Company consenting to the amendment of said ordinance as above set forth, the City of Danville hereby grants to the Danville and Indiana Harbor Railroad Company, its successors and assigns, pennission and authority to lay down, maintain and operate not more than (2) tracks across the street so to be dedicated by said Railroad company either "at grade or on overhead bridges across said street, at any time in the future that said railroad company, or its successors, or assigns, may desire to lay down, maintain or operate said tracks, or to carry the same over said street upon said overhead bridges. The said City of Danville further agrees for the same consideration that it will grade or cause to be graded the proposed street when dedicated. And for the same consideration the City of Danville agrees that the said Danville and Indiana Harbor Railroad Company, its successors, or assigns, by the acceptance of this ordinance shall be relieved from a compliance with the provisions of the original paragraph "C" of section nine of said ordinance passed June 15, A. D. 1905. (d) That the said railroad company shall, at its sole cost and ex- pense, extend the brick sewer now opening in Stony Creek at Fairchild street to a point of connection with the channel of Stony Creek as di- verted, upon such route as may be selected by the city engineer, and construct a substantial brick retaining wall equal to the one now in. (e) That the said railroad company shall, at its sole cost and ex- pense, extend the tile sewer of Fcra street to a connection with the channel of Stony creek as diverted upon such route as may be selected by the cit}^ engineer, and will keep the portion under the right-of-way in repair upon notice by the city as to repairs needed. (f) The said railroad company, shall at its sole cost and expense, erect, or cause to be erected, a good and sufficient steel bridge or con- crete arch, if practicable, ha\'ing a roadway forty feet wide with side walk seven feet wide on either side thereof, at a point in Fairchild street where the said street will cross the channel of Stony Creek as diverted. Said bridge shall be ccnstructed upon the plans known as "Cooper's Specifications," Class B for Highway Bridges. SPECIAL ORDINANCES 367 (g) That the Danville and Indiana Harbor Railroad Company, its lessees, successors and assigns, will forever indemnify and save harmless the City of Danville from any and all liability for damages which said city may incur by. reason of the passage of this ordinance, or by reason of any work done or changes made under and by author- ity of this ordinance, and will defend any and all suits brought, and pay any and all judgments rendered against said city, on account of such liability : Provided, however, that said the Danville and Indiana Harbor Railroad Company shall not be held liable to said city as above set forth, unless within ten days after receipt of notice by said city of a claim for damages arising from liability so incurred, said City of Danville shall serve a written notice of the making of such claim against it, upon the station agent of said railroad company, specify- ing when and in what manner said liability is claimed to have been incurred: And, provided, further, that said railroad company shall not be bound to defend any suit, unless written notice of the commence- ment of such suit, specifying the names of the parties thereto, the court in which said suit is pending, and the term to which it is re- turnable, shall be served upon the station agent of said railroad company within five days after the service of process upon said city in such suit: And, provided, further, that the said railroad company shall not be bound to pay any judgment against said city unless the notices provided for have been given, and that in no event shall the said railroad company be bound to pay any sum of money paid by said city in compromise of any such clajm or suit unless the railroad company shall have consented in writing to such payment before the same is made: And, provided, further, that the City of Danville will permit said railroad company to defend any and all such suits in the name of said city and that said city upon request, and upon being properly indemnified, will execute any and all documents necessary or desirable in the judgment of counsel of the said railroad company, to properly defend such suits and to appeal from any and all judg- ments rendered. 1180. § 10. Nothing in this ordinance contained shall be so construed as to require the said railroad company to hereafter main- tain am^ of the highway bridges directed to be erected, or any of the streets directed to be dedicated, or any of the sewers directed to be extended, except as hereinabove specified; it being understood that the maintenance of all such public works shall be assumed by the City of Danville, as between such city and the railroad company. 1181. § 11. This ordinance shall take effect from and after its passage and approval : Provided, ■ hovuever, it shall be null and void unless the said the Danville and Indiana Harbor Railroad Company shall, through its duly authorized officers, file in the office of the 368 SPECIAL ORDINANCES city clerk in the City of Danville, within thirty days from the passage and api^roval by the Mayor of this ordinance, its agreement duly executed whereby it shall tmdertake to do and perform ail the mat- ters and things directed to be done by it in this ordinance. After the filing of such agreement by the said railroad company this ordi- nance shall not be materially modified or amended without the con- sent of said railroad company Passed June 15, 1905. Approved June 19, 1905. • An Ordinance- Vacating a part of Clay street betv/een Jackson street and Hazel street in the City of Danville, Vermilion County, Illinois. Whereas, the Chicago, Indiana and Southern Railroad Company, a corporation, desires the City of Danville to vacate a part of Clay street between Jackson street and Hazel street in said city upon which the tracks of said railroad compan_v are located; and whereas, said City of Danville is willing to consent to said vacation only upon the performance by said railroad company of certain conditions herein contained; 1182. § 1. Therefore, Be it ordained by the City Council of the City of Danville, Vermilion County, Illinois, as follows: That that part of Clay street between Jackson street and Hazel street in the City of Danville, Vermilion County, IlHnois, described as follows, to- v\'it : Beginning at a point where the north line of said Clay street intersects the west line of said Jackson street, thence west along the north line of said Clay street to a point w^here the north line of said Clay street intersects the center line of the original location of the Chicago, Indiana and Southern Railroad, in said city, thence south- westerly along said center line of the original location of said Chicago, Indiana and Southern Railroad to a point where said center line inter- sects the south line of said Clay street, thence east along the south line of said Clay street to a point where the south line of said Clay street intersects the west line of said Jackson street, thence north along the west line of said Jackson street to the place of beginning, excepting therefrom that part of Clay street included in the north and south alley between Jackson street and Hazel street extended north from the south line of said Clay street to said center Hne of the original location of the said Chicago, Indiana and Southern Rail- road as shown by the blue print attached hereto and made a part of this ordinance by this express reference be, and the same is hereby vacated. 1183. § 2. That this ordinance is passed and approved upon the following express conditions, to-wit: That the Chicago and Indiana Southern Railroad, a corporation, makes a legal dedication for the SPECIAL ORDINANCES 369 public use subject to the approval of said city council of the following described strip of land, to-wit: All such part of lots thirteen, fifteen and sixteen in block four, of A. S. Williams' addition to said city, in Vermilion County, Illinois, lying and being within a distance of fifty feet north-westerly measured at right angles from the center line of the original location of the Chicago, Indiana- and Southern Railroad in said city (as shown by the blue print hereinabove referred to) and pay the expenses of making and recording said dedication. That said Chicago, Indiana and Southern Railroad Company place a sewer pipe in the open drain now along said strip of land to be dedi- cated for public use by said railroad company and close and com- pletely fill the said open drain to a level with the street. That the said City of Danville reserves the right to go upon any part of said vacated ground for the purpose of repairing and main- taining the sanitary sewer now located along said Clay street. And that said Chicago, Indiana and Southern Railroad Company build concrete sidewalks five feet in width according to the plans and specifications provided by the city for such work, along the north side of the said land proposed to be dedicated for the public, and along all other places where the property of said railroad company adjoins either \^ermilion street. Hazel street, Jackson street or Clay street in said city. And this ordinance shall be void unless said Chicago, Indiana and Southern Railroad Company shall, within sixty days after the pas- sage and approval of this ordinance, comply with the provisions of this ordinance to the approval of the city council of the said city and file the acceptance of said railroad company, in writing, of all the terms, conditions restrictions and limitations of this ordinance. Passed December 1, 1908. Approved December 8, 1908. TELEPHONES. An Ordinance- Granting permission to the American Telephone and Telegraph Company of Illinois to erect and maintain its lines of telephone and telegraph upon the streets and alleys of the City of Danville, Vermilion County, Illinois, upon the terms and conditions therein stated. 1 184. § 1 . Be it ordained by the City Council of the City of Dan- ville, State of Illinois : That the American Telephone and Telegraph Company of Illinois, its successors and assigns, be, and the same is hereby granted permission to erect, operate and maintain its lines of telephone and telegraph, including the necessary poles, wires and fixtures upon, along and over the streets and alleys of the said city upon the terms and conditions hereinafter stated. 370 SPECIAL ORDINANCES 1185. § 2. All i:)olcs erected [nirsuant to this ordinance shall be erected under the supervision and direction of the committee upon streets and alleys, and shall be located so as not to interfere with the public use and travel of the said streets and alleys. All poles shall be straight, shaven, kept neatly painted and shall be not less than thirty-five feet in heijj^ht in any part of said city nor less than forty feet in height in the business portion thereof. 1186. § 3. After the erection of the said poles and fixtures said comimny shall restore the surface of the streets, alleys and sidewalks which are disturbed by, it to the condition in which it found them. The work of restoring the streets as aforesaid shall be done under the supervision of the committee upon streets and alleys. Any ex- pense to which the said city shall be put by reason of the neglect of said company to do said work in a workmanlike manner shall be paid by said company upon presentation of bills certified by said commiittee. In case said company's lines shall be found to interfere with the change of grade of any street or with any public improve- ment, said company shall, upon receiving written notice thereof from council, move its said lines at its ow^n expense so as to conform with said change of grade or said improvement. 1187. § 4. Said company shall hold said city free and harmless from all damage or claims for damage of any kind whatsoever caused by the construction or negligent maintenance of said lines and shall be liable for injuries to public or private property of every kind. 1188. § 5. Nothing in this ordinance contained shall be so con- strued as to grant unto said company an exclusive right upon said streets and alleys or prevent the grant of similar privileges to other individuals or companies for like purposes. 1189. § 6. In consideration of the rights and privileges herein granted, said company shall furnish free of cost to said city space for its fire-alarm and police wires upon all poles erected pursuant to this ordinance. 1190. § 7. vSaid company shall be at all times subject to all ordinances now in force or that may hereafter be passed relative to the use of public streets or other public places. Passed July 19, 1894. Approved July 26, 1894. An Ordinance — Granting certain rights and privileges to The Ver- milion County Telephone Company, its successors, lessees and assigns. 1191. § 1. Be it ordained by the City Council of the City of Danville, Illinois, as follows, viz: The right, privilege and franchise SPECIAL ORDINANCES 371 is hereby granted for the term of thirty years from and after the ac- ceptance hereof as hereinafter set forth, to The VermiHon County Telephone Company, its successors, lessees and assigns, to construct, maintain and operate a system of communication by means of tele- phones or telegraph instruments, under, in, upon and along the streets, alleys and public ways of the City of Danville, Illinois. To which end grantee may make use of poles, posts, wires, cables and underground pipes and conduits, and such other well approved fixtures, appliances, accessories and attachments as may be proper or reasonably necessary: Provided, said grant, privilege, and fran- chise shall not be deemed or taken as exclusive to the grantee; any- thing in the terms or conditions of this ordinance to the contrary notwithstanding. 1192. § 2. The location of the poles, lines and other appurten- ances now existing and in use by said grantee is hereby approved, except: (1) All poles and lines now in any street having an alley parallel therewith and within three hundred feet thereof shall on or before January 1st, 1904, be removed from said street into said alley; (2) All poles in streets shall be placed so as to stand immedi- ately within the curb line ; (3) All poles in allcA^s interfering unneces- sarily with the use of the same or of abutting property shall be re- located when so required or permitted by the City Engineer; (4) All poles and lines in any street, alley or public way wherein under- ground pipes or conduits shall be hereafter placed shall, within sixty (60) days after the completion of such pipe or conduit, be removed therefrom by grantee. 1193. § 3. Grantee shall avoid all unreasonable or unnecessary interference with the ordinary use of the streets, alleys and public ways of said city. Its underground pipes and conduits shall be so constructed as not to interfere with any pipe, main, conduit, sewer or other subterranean construction heretofore placed by the author- ity of said city. 1194. § 4. Grantee shall not unreasonably or improperly ob- struct any street, alley, walk or public place in any of its operations hereunder and shall promptly restore to their like former good con- dition all streets, alleys, walks and public places by it in any manner disturbed or displaced. In filHng excavations the dirt shall be fre- quently well tamped with a suitable tool, or flushed; and all dirt displaced except a quantity equal to the volume of the pipes or conduits placed in said excavation shall be restored in such filling. If the excavation be made in a paved or otherwise permanently built street or walk the permanent structure thereof shall be restored by grantee in the same order and to the like condition in which the same was found; if in sodded ground the sod shall be fully restored. In case grantee should fail or neglect, for an unreasonable time, to 372 SPECIAL ORDINANCES comply with the conditions of this section at any point, said city, may, without notice or demand, perform such conditions for ^^antec, and charj^e the cost thereof against any sums otherwise due or pay- able to grantee on account of telephone service, or collect .such cost by process of law. Grantee shall keep and hold the city hannless from any damage to persons or property arising out of the opera- tions of the grantee or its servants under the authority of this ordi^ nance. In making excavations grantee shall keep red danger lights at night along the line of the same at no greater intervals than one hundred feet, and shall maintain barricades at the ends of such ex- cawations and at all street and alley intersections therealong. 1195. § 5 All poles shall be straight, smooth, shapely and shall be kept well painted in white or other light color; and no pole or line of poles shall carry to exceed sixty wires except the same be enclosed in cables. All aerial wires shall be suspended not less than twenty-five feet from, the grade of center line of the street or alley. All pipes and conduits shall be so constructed and placed as to withstand the heaviest traffic that may lawfully pass over or along the street, alley or public way where such pipes or conduits shall be located; they shall be water-proof, of well approved type and qual- ity, and shall be laid under the direction and supervision of the city engineer and committee on streets and alleys. Not more than three hundred lineal feet of excavation shall be opened at one time in any single street, alley or public place. 1196. § 6. Grantee shall within three years from January 1st, 1903, have removed from all streets, alleys and public places within the present fire limits of said city, all poles, wires and other above- ground construction, and shall have installed and in operation within said fire limits underground pipes and conduits of the kind, type and quality by this ordinance prescribed; and grantee shall in good faith begin such underground construction on or before July 1st, 1903, and carry the same forward without unnecessary delay: Pro- vided, Grantee may make use of above ground construction to dis- tribute its wires from the street, alley or public way to nearby sub- scribers. 1197. § 7. The said right, ])rivilcgc and franchise shall be ex- ercised subject to such lawful rules, regulations and ordinances of s^d city as now are, or may hereafter be in force, and not incon- sistent with the terms and conditions of this ordinance. Grantee shall not transfer, assign or lease any of its tangible property or the right, ]3rivilege and franchise herein granted, nor any part thereof, to any ]3erson or persons except on condition that the same shall continue in operation under the provisions hereof for the full term of thirty years aforesaid; nor shall grantee ever enter into any agreement, understanding or combination with any other person or SPECIAL ORDINANCES 373 persons concerning the form or character of service to be rendered or the price to be charged by it for services rendered wholly within the corporate limits of said city : Provided, Grantee may at its dis- cretion, execute trust deeds, mortgages or other similar convey- ances as security for such indebtedness as it ma}^ from time to time see fit to incur. 1198. § 8. In consideration of said right, privilege and franchise said city may without charge attach to and maintain upon said poles and place and maintain in said underground pipes and conduits such fire alarm or other piiblic electrical wires as said city may from time to time deem necessary: Provided, No such public wires shall be such as to interfere with the conduct of the business of grantee; and the actual cost of attaching such wires to and maintaining the same on the property of grantee shall be borne by said city. Grantee shall at such times and in such places as may be directed by the city council erect and maintain not more than ten police and fire call booths; the same to be equipped with efficient telephones and pro- vided with exchange service for the police, fire and other depart- ments of said city; all of which shall be without charge. Grantee shall also provide, with exchange service, and without charge, one telephone at each of the following places, viz: Mayor's residence, mayor's office, ofhce of city attorney, offiee of city clerk, office of' city engineer, Danville Public Library, office of Inspector of sewers, residence of chief of fire department, residence of chief of police, and each engine or hose house now or hereafter maintained by said city. For any additional telephone service said city may from time to time require, grantee shall be paid at rates twenty-five per cent, below those charged other subscribers for like services. 119Q. § 9. Grantee shall in no case charge for telephone service rendered wholly within the corporate limits of said city, above the rate of thirty dollars per annum for office use, nor above the rate of eighteen dollars per annum for residence use. 1200. § 10. The right privilege and franchise herein granted is subject nevertheless to this condition : If grantee desires to avail itself thereof, it shall within sixty days after the passage of this ordinance file with the city clerk its written acceptance thereof; grantee shall in like manner file a bond in the penal sum of five thousand dollars, payable to the City of Danville, Illinois, with good and sufficient sureties to be approved by the city council, con- ditioned for the faithful observance of all the terms, conditions, requirements, specifications and limitations of this ordinance, and conditioned further, that grantee shall in all things save and keep harmless said city and shall well and truly pay to said city any and all loss, damage or injury which said city may sustain by reason of the act or neglect of said grantee, its agents, servants and employes. 374 SPECIAL ORDINANCES or either one or more of them. Grantee shall in like manner file a jjublisher's eertifieate showing a legal ])ublieation to have been made of this ordinance at the sole cost and expense of grantee. 1201. § 11. U]Jon the filing by grantee of the aforementioned acceptance, bond and publisher's certificate and the acceptance and approval thereof by the city council, this ordinance shall be deemed and held to constitute the sole and only basis and authority whereby the rights and interests of grantee m.ay or ought to be ascertained, and grantee's right, privilege and franchise under authority of said city shall not be held to extend beyond the terms and conditions of this ordinance, but shall, in all respects be strictly limited thereby and thereto. 1202. § 12. The term, "grantee," as used herein shall be con- strued to mean The Vermilion County Telephone Company, its successors, lessees and assigns and either or any of them. 1203. § 13. All ordinances and parts of ordinances not con- sistent with the terms of this ordinance are hereby repealed. Passed and approved November 6, 1902. Published December 10, 1902. WATER. An Ordinance — Revising and consolidating all the various ordinances relating to the Danville Water Company, its successors and assigns, heretofore, enacted by the City of Danville, the Village of Germantown, the Village of Rcselawn, and the Village of South Danville, and now, by virtue of various annexations, in force within the present corporate limits of the said City of Danville. (The references to the various ordinances are omitted.) 1204. § 1. Be it ordained by the City Council of the City of Danville, in the manner following, that is to say: The Danville Water Company (hereinafter designated, together with its suc- cessors and assigns, as "Grantee"), a corporation duly organized under the laws of the State of Illinois, owns and operates a system of water works, the source of water supply for which is the North Fork of the Vermilion River, at a point above the present sewage of the City of Danville (which said City of Danville is hereinafter designated as "Grantor") and north of Fairchild Street. Grantee nowfowns certain lands adjacent to, and certain riparian rights upon, the said North Fork, together with a dam, pumping house, boilers, engines, pumps and machinery; and has in use, in connection with the said system of water works, and as part thereof, certain mains in and along the streets, alleys, sidewalks, public grounds, rivers, streams and bridges, in said city, together with certain fire hydrants now ( SPECIAL ORDINANCES 375 situated upon said mains and lines. A particular description of the location of each of said mains is contained in Schedule "A", and the numbers and particular description of the location of the said several hydrants is contained in Schedule "B," hereto attached, hereby referred to, and made a part of this section. 1205. § 2. Said Grantee is hereby required and authorized to place, construct and extend its new mains in the streets, alleys, sidewalks, grounds, rivers, streams and bridges of the City of Dan- ville, and to place hydrants thereon, at the places, and of the sizes respectively, as shown by Schedule "C" and "D," hereto attached, hereby referred to, and made a part of this section. Said Schedule "C" contains the particular description of said new mains, and said Schedule "D" contains the numbers and particular description of said new hydrants, required and authorized by this section. All of the mains and pipes used in said construction and extension, hereby required, shall be tested at their ]3lace of manufacture, under a pressure of three hundred (300) pounds to the square inch. Grantee is, also, authorized and required to maintain and use pumping engines of 'modern and appropriate style and efficiency, and all necessary machinery and apparatus appurtenant thereto, to make an aggregate pumping capacity of not less than eight millions (8,000,000) gallons of water in twenty-four (24) hours. The fire hydrants, required by this section, and rented by said city, as hereinafter stated, shall be of modern and appropriate style, and good efficiency, with duplicate delivery, fitted to connect with the hose couplings now in use by the fire department of said city: Provided, however, that the hydrants, hereinbefore designated as Nos. 44, 51, 55, 61, 67, 73, 74, 75, 76, 77, 78, 79, 80, 221, 222 and 238, each has a triplicate delivery instead of a double delivery. § 3. Grantee shall keep and maintain its said pumping station and works, together with its mains and pipes, to a capacity sufficient to provide all the water required by said city and its inhabitants, dur- ing the full term, hereinafter designated, and shall maintain, during all of said term, ai]_j£pTOYed_and e fficient sjy stem of fil tration , of ample capacity for the purpose of filtering and clarifying the water furnished by it to said city and its inhabitants. But Grantee may, temporarily, in the event of fire or inevitable casualty, permit water to enter its mains without filtration. 1206. § 4. The privilege and franchise is hereby granted to the Grantee, to construct, maintain and operate, within, and adjacent to, said city of Danville (but subject to all of the conditions, limitations and reservations by the terms of this ordinance prescribed) its said water system, together with all the improvements, betterments, and extensions thereof, hereafter made, for supplying said city and its in- habitants, as well as adjacent territory and municipalities, with 376 SPECIAL ORDINANCES water for ijublic and private uses, and to use, all and singular, the streets, alleys, sidewalks, public grounds, rivers, streams and bridges, within the present and future corporate limits of said city, for placing, repairing and replacing mains, ])ipes, hydrants, and all other apjjur- tenanccs, attachments and devices requisite to the furnishing and supph'ing of water, as aforesiad. The aforesaid privilege and fran- chise "shall be effective to and until the first day of June, A. D. 1932, and no longer. 1207. § 5. All the mains and pipes shall be so located and laid as not to interfere unnecessarily with any pipes, mains, conduits or sewers existing at the time of their location and laying. There shall be no unreasonable or unnecessary obstruction of the streets, alleys, sidewalks or pubHc grounds of said city, by Grantee, in constructing, placing, rcmo\4ng or repairing any of its said mains, pipes, hydrants, or other structures, appurtenances or devices, and all bridges, streets, alleys, walks and other public grounds entered upon by Grantee, shall, by Grantee, be restored promptly to so near as may be their like former good condition. In filling excavations, the dirt shall be frequently well tamped with a suitable tamping tool, or flushed, and all dirt removed, except a quantity equal to the volume of the pipe or pipes shall be restored in said filling; if the excavation be made in a paved or otherwise permanently built street or walk, the perma- nent structure shall be restored by Grantee in the same order, and in the like condition, in which the same was found; if in sodded ground, the sod shall be fully restored. In case the grantee should fail or neglect, for an unreasonable time, to comply with the conditions of this section at any point within said city. Grantor may, without notice or demand, perform such conditions for Grantee, and charge the cost thereof against any sums otherwise due or payable to Grantee on account of water service, or collect such cost by process of law. Grantee shall keep and hold the city harmless from any damage to persons or property arising out of the operations of the Grantee or its servants under the authority of this ordinance. In making excava- tions, Grantee shall keep red danger lights at night along the line of the same at no greater intervals than one hundred feet, and shall maintain barricades at the ends of such excavations and at all street and alley intersections therealong. 1208. § 6. The city council may, by ordinance, at any time here- after, require Grantee to make further extensions of its mains and pipes and establish and maintain additional fire hydrants, without unnecessary delay: Provided, such ordinance shall provide for at least one hydrant for each five hundred feet of pipe extension, except that when such extension' is of one single entire block, the block not being longer than six hundred and seventy-five feet from inside to inside line, one hydrant only may be provided for, and Grantee shall make the extension accordingly. Grantee shall have the right to SPECIAL ORDINANCES 377 select either side of the street in making said extensions, and may place the hydrants on such extensions on the same or the opposite side, at its option. Should Grantee fail or neglect, for the space of sixty days after the adoption of any ordinance, requiring such ex- tensions and hydrants, to begin in good faith the work by said ordi- nance required, or should fail or neglect to carry forward such work with all reasonable dispatch, then, and in such case, the Grantor shall have the right to make said extensions and install said hydrants, (or to complete such work in case the same shall have already been begun by Grantee), and charge the cost thereof to Grantee, or collect said cost, as provided in section 5 hereof. 1209 § 7. Grantee shall not charge to consumers, during the continuance of the franchise granted by this ordinance, to exceed the following maximum annual rates, said rates and charges shall be as follows, to-wit: Said Danville Water Company, at its option, may place and maintain a water meter upon the service pipe of any consumer, and may furnish such supply of water to such consumer at the meter rates hereinafter fixed, instead of at fixture or house rates, hereinafter set forth. And any consumer, at his option, may require Grantee to furnish such supply of water at meter rates; provided, however, that unless the annual consumption of such water, at such meter rates, shall amount to the sum of twenty dollars, such meter shall be put in and maintained by the consumer at his own expense, and in all other cases where a meter is put in, it shall be furnished by said Water Company to the consumer free of charge; and, provided, further, that the minimtun rate to any consumer, making such optional requirement, shall be five dollars per annum. For all water furnished to private consumers, through a meter, the rates and charges, per annum, figured on the daily average con- sumption or each month, shall not exceed the following, viz: METER RATES. 50 to 300 gallons, daily, 25c per 1,000 gallons. 300 to 500 gallons, daily, 22c per 1,000 gallons. 500 to 1,000 gallons, daily, 20c per 1,000 gallons. 1,000 to 3,000 gallons, daily, 18c per 1,000 gallons. 3,000 to 5,000 gallons, daily, 15c per 1,000 gallons. 5,000 to 10,000 gallons, daily, 12^0 per 1,000 gallons. 10,000 gallons and over, daily, 10c per 1,000 gallons. For all water furnished to private constuners other than that fur- nished at meter rates, the rates and charges per annum shall not exceed the following, viz : 378 SPECIAL ORDINANCES Fixture Rates. Banks, including one wash basin $ 7 .00 Bakery, for first o\x'n used 10 . 00 Bakery, for each additional oven used 5 . 00 Barber shop, for first chair, inchiding one wash basin 4.00 Barber shop, for each additional chair 2 .00 Bath tub, private, for either hot or cold water 3.00 Bath tub, in hotel or boarding house 6.00 Bathtub, public, first tub 8.00 Bath tub, public, each additional tub 5 .00 Brewery, per barrel brewed , . .05 Billiard saloon, for first table, including one wash basin 4.00 Billiard saloon, for each additional table 1 . 00 Blacksmith shop, for first forge 3 . 50 Blacksniith shop, for each additional forge 1 .50 Bookbindery, employing six hands or less, including one wash basin 8.00 Bookbindery, each additional hand over six 50 Building purposes, for wetting brick and making mortar, per 1,000 brick laid 08 For stone work, per perch 06 For plastering per 100 square ^^ards 25 The minimum charge for buikling purposes shall be 1 . 00 Brick yard, per 1,000 brick, kiln count • 06 Butcher shop, including one faucet over sink 7.50 Candy factories, confectioneries and ice creain saloons, em- ploying four hands or less, including one faucet over sink... 7 .50 Same for each additional hand over four 50 Cigar factories, employing six hands or less, including one wash basin 8 . 00 Cigar factories, for each additional hand over six 50 Distilleries, per ban-el distilled 07 Dveing and scouring establishments, including one faucet over sink .' 8.00 Halls and theaters, including one wash basin — from $5.00 to 25.00 Hotels and boarding houses, eight rooms or less, including one faucet over sink 8 . 00 Hotels and boarding houses for all rooms from 8 to 13 per room . 75 Hotels and boarding houses, for all rooms over 13, per room. . .50 Laundries, including one faucet over sink from $10 to 30.00 Offices, including one wash basin (no house rates to be added) 4.00 Printing office, employing six hands or less, including one faucet over sink 8 . 00 Printing offxes, each additional hand over six 50 Photograph galleries, including one faucet over sink from $8.00 to 15.00 SPECIAL ORDINANCES 379 Restaurants and oyster saloons, including one faucet over sink from $8.00 to _. . . . .$15.00 Stable, private, for watering one horse and washing carriage. . 2 . 50 Stable, private, for watering one horse or cow 1 . 50 Stable, private, for each additional horse or cow 1 . 00 Stable, livery or feed, for six horses or less, including carriage washing 10 . 00 Stable, livery or feed, for each additional horse 1 . 00 Sleeping rooms, including one wash basin (no house rate to be added) 4.00 Saloon, for water through one faucet 10.00 Saloons, for each additional faucet (unless some other rate is herein fixed) 4 . 00 Sprinkling carts per 1,000 gallons 10 Steam boilers, 10 hours per day, per horse power up to 10. . . 2.00 Steam boilers, 10 hours per day, per horse power over 10 1 . 00 Steam boilers, for house heating 5 . 00 Steam heater, for hot water for kitchen or bath tub, private . . 1 . 50 Stores and shops, 20 feet front or less, including one wash basin or sink 6 . 00 Stores and shops, for each additional foot over 20 25 Stores and shops, for sprinkling sidewalks and street, 20 feet front or less 3 . 00 Stores and shops, for sprinkling sidewalks and street, per front foot over 20 feet 15 Tenement houses, same rates as for dwelling houses. Urinals, public, self-closing 5 .00 Water closet, private (if not taken in connection with house rates) 3.00 Water closet, public 6 . 50 Wash basin, private (if not free, or if not taken in connection with house rates) 2 . 00 Wash basin , public 3 . 00 Domestic Rates. Dwelling house, occupied by one family, containing five (5) living rooms or less, for all water required for domestic pur- poses, for one faucet, under which the consumer may place, free of charge, either a sink or basin $ 5 .00 And for each additional room over five 50 Additional fixtures to be added to the room rates as follows : Water closet 2.50 Bath tub, for hot or cold water 2 . 50 Wash basin 50 Sprinkling yards and lawns, 50 feet front or less, by 150 feet deep or less, 4 hours per day, 7 to 9, a. m. and 5 to 7 p. m . . 3 . 50 For each additional foot front 06 380 SPECIAL ORDINANCES Sprinkling sidewalk and one-half the street or less $ 3 . 00 For each additional front foot OvS Fountains, nnming 6 hours per day, 1-16 inch orifice or less. . 7 .00 Fountains, running 6 hours per day, 1-8 inch orifice 10.00 Fountains ninning 6 hours per day, or having over 1-8 inch orifice, at meter rates . For all water furnished for any purpose not above particularly specified, meter rates shall be charged. The above rates, except ineter rates, are all payable in advance, in quarterly installments, on May first, August first, November first and Febcuary first, of each year. SprinkHng rates are payable for the season, viz: For eight months, beginning April first of each year. Meter rates shall be due and payable at the end of each month. And Grantor expressly reserves to itself the right to fix by ordi- nance, once in five years, the maximiim rates to be charged by said Grantee for water furnished by Grantee to public and private con- sumer: Provided, that such rates, so fixed, shall be just and reason- able; and, provided, further, that the right herein reserved to fix new rates shall not be exercised prior to the first day of June, 1912. 1210. § 8. At the expiration of five, ten, fifteen, twenty and twentv-five years, respectively, after June first, 1907, said city ex- pressly reserved, as a condition on which said franchise is granted, and as a condition of grantee's authority and right to act under this ordi- nance, the right to purchase said works, with its privileges and prop- erty, at a price equal to a fair valuation of all tangible property. In the event grantor and grantee shall fail to agree on such price, three disinterested appraisers of good intelligence, not residents of the County of Vermilion, shall be chosen and sworn to determine such price, together with the amount, kind and character of the outstand- ing indebtedness of grantee, and, also, all unperfomied contracts of grantee for furnishing water. One such appraiser shall be appointed by grantor, one by grantee, and one by the two as chosen. When said appraisers shall have been so chosen, and before they shall determine said price, grantor and grantee shall, each, at its option, have the right to call non-resident experts, not exceeding three in number in behalf of each party, to give testimony under oath before said appraisers as to such price, debts and unperfonned contracts. The appraisers shall then proceed to determine such price, the amount, kind and character of said indebtedness and said unper- formed contracts. For the purpose of which enquiry and determi- nations of the appraisers, grantee shall furnish said appraisers all the information in its possession relative thereto ; and said appraisers shall have access to any and all books and records of grantee concern- ing or affecting the aforesaid matters of enquir}^ and detenninations, and grantee shall produce the same, at the request of said appraisers SPECIAL ORDINANCES 381 at Danville, Illinois, and shall keep and maintain the same at said city so long as may be necessary for the use and inspection of said appraisers and of one expert to be named by said appraisers. And said appraisers, experts and representatives of both grantor and grantee (but not more than three such representatives at any one time) shall have full, free and fair opportunity to go upon the premi- ses of grantee so often as may be necessary while such appraisers are making their said investigations so as to inspect and examine into the quality, character, quantity of the works and property in question. Two of said appraisers shall constitute a quorum at any adjourned meeting, and at any other meeting notice whereof shall have been given to all such appraisers at least three business days prior to said meeting. After the said appraisers shall have reached their con- clusions, in which conclusions at least two of the three shall join, they shall report the same in writing to grantor and grantee; but be- fore proceeding with the aforesaid examination, said appraisers shall make such public and general or special notice as, in their opinion, is reasonably neccssar}', of the fact of their appointment and of their intention to proceed as aforesaid, and any creditor or water taker of grantee shall have the opportunity to be present, by himself or by his duly accredited agent or representative, at the sessions of such appraisers, to see that his interests are fairly presented. After the report, of said appraisers, grantor shall have the option of re- fusing to purchase, or may purchase, at the price agreed on by said appraisers. If grantor purchase, it shall, within three months after the filing of the report of said appraisers, give to grantee notice in writing of its decision so to purchase. In the event of such purchase, grantor shall, on the first day of June next succeeding the filing of said appraisers' report, pay such price in cash, less the deductions herein- after provided, and grantee shall, immediately upon such payment. deliver to grantor full ownership and possession. If grantor shall refuse to purchase after such appraisement shall have been made, grantor shall bear and pay all expenses made by and in such appraise- ment. Grantor, as part of said purchase price, shall assume and per- form all unfinished contracts of grantee for furnishing water, and shall assume, also, as part of said purchase price, all debts of grantee; provided, the total assumptions and obligations of grantor in such case shall not exceed the total of said purchase price; but as to such excess, if any, grantor shall take title free and clear of the same. If grantor shall desire to avail itself of the aforesaid right to purchase it shall so declare by resolution of the city council, a certified copy whereof shall be delivered to grantee at least one year prior to the termination of one of the aforesaid periods at which the right of purchase may be exercised. 1211. § 9. The said City of Danville hereby rents of grantee, for the uses and purposes hereinafter stated, each of the fire hydrants. 382 SPECIAL ORDINANCES hereinbefore described, for and durin<; the tenn from and after the passage of this ordinance to and until the first day of June, A. D. 1932 (subject however, to all exceptions, conditions, reservations, and limitations of this ordinance) ; and said city hereby agrees (subject to the like exceptions, conditions, reservations and limitations) to pay rent for each hydrant at the following rates, to-wit: For each hydrant in this ordinance designated, and for each such other hydrant as may in future be provided for and required in m.anner outlined in said ordinance, forty dollars per year, the rent as to each of said hydrants to begin from the time when each shall have been placed in successful operation, and to be due and payable in quarterly installments on the first day of February, May, August and Novem- ber in each year: Provided, however, that all obligations on the part of grantor to take or pay for water, and to rent or pay rent for the use of hydrants, as well as all rights, privileges and franchises of grantee, shall terminate and cease as soon as grantor shall have purchased and paid for the works and property of grantee, as herein- before pro\4ded : Provided, hovuever, that the rental as to the above mentioned hydrants Nos. 376, 377, 378, 379 and 380 (being former hydrants Nos. 21, 22, 23, 24, and 25 in the former village of Roselawn), shall begin on the first day of May, 1911. 1212. § 10. The fire hydrants rented as aforesaid shall be used only for the extinguishment of fires, dispersing of mobs and rioters, and for flushing public sewers or gutters through a hose and fire nozzle, and each of said hydrants shall constantly furnish effective fire streams without the aid of portable engines. For no purpose except the extinguishment of fires shall any one hydrant be used exceeding the space of thirty minutes in any single period of twelve hours, nor more than one hydrant opening be turned on (except for fire service) at the same time, in every which case no^ice shall first' be given the grantee. At the time of fire no hydrant shall be used for other than fire purposes: Provided, however, that because of the altitude of that part of said City of Danville, which was formerl}^ the Village of Roselawn, to-wit, that portion of said city lying north of Voorhees street, and the distance of the same from the pumping station of part of the hydrants located in said territory, grantee does not undertake to furnish any given pressure at any of the fire hydrants in said territory, it being understood and agreed that whenever the grantee shall maintain in its pipes and mains at Voorhees street, the hydrant and domestic pressure necessary to fiilfill its above undertakings with the city, that when the consequent pressure in any part of the former village of Roselawn shall be deemed and held to be sufficient under this ordinance. 1213. § 11. Grantee shall, at all times, keep all said fire hydrants in effective working order. The chief of the fire department of said city, or such other persons or officers as may from time to time be SPECIAL ORDINANCES 383 designated by ordinance or resolution of the city council, shall have charge and control of such hydrants, and may, at any time, cause the same to be inspected. If, on inspection, any hydrant shall be found not in effective working order, whether from want of adequate pres- sure, as aforesaid, or for want of repair, he shall forthwith notify grantee by notice in writing delivered to any agent or employe of grantee at its pumping station or at any ofhce or place of business of grantee within said city, of which inspection and notice he shall ad-- vise the city council at its next session, together with his further acts, if any, in the premises. And in case any such hydrant shall remain out of effective working order for one week or more after the delivery of the aforesaid notice, grantor shall deduct from the rental or other charges payable to the grantee, the sum of ten dollars per week, or major fractional part of a week, until such hydrants shall have been placed in effective working order, and notice thereof, in writing, ccJmmunicated by grantee to the said chief of the fire department: Provided, the total deductions as to any one hydrant for any such period shall not exceed, in any one year, double the yearly rental thereof. And in case grantee, at any time hereafter, shall fail to supply water for fire purposes, as required by this ordinance, for a period of thirty days, or for other than fire purposes, shall fail so to supply water for a period of sixty days, then, and in either such case grantee shall, ipso facto, forfeit its franchise, and therewith all rights and privileges thereunder and under the terms of this ordinance ; Pro- vided, however, unavoidable casualty shall be deemed a complete and sufficient excuse for grantee's failure so to furnish water. 1214. § 12. Grantee shall furnish water free and without cost to grantor for not more than fifteen public drinking fountains for man and beast, as the same may now, or may hereafter be established by said city, as well as for the city hall, offices, city jails, police and fire stations, public library, and all other buildings and rooms that may now or hereafter be maintained by said city for exclusively public purposes, for flushing the sanitary sewers of said city, Grantee shall furnish water to the extent of two hundred and fifty gallons per diem per flush tank maintained by said city, free of charge. For any excess of water used by said flush tanks, above said two hundred and fifty gallons, grantor shall pay at the rate of five cents per thousand gallons. For street sprinkling purposes, grantee shall furnish and supply with water, stands and pipes suitable for filling sprinkling carts, as the same may be required from time to time, by said city, for the accommodation of public or licensed sprinklers, at the rate of eight cents per one thousand gallons; and for all other purposes for which the said city may require or use water for public comfort, welfare or convenience, grantee shall furnish water at five cents per one thousand gallons. All public drinking fountains shall be sup- plied with automatic valves or with self-closing faucets, so as to 384 SPECIAL ORDINANCES prevent wastage of water, and all such fountains shall be run only when the weather is not of freezing temperature. 1215. § 13. The said water company shall provide and maintain at its own expense a telephone or other electric line affording connec- tion between its pump house and each principal fire department station, for use during fires, the city to furnish its own instruments and keep said system in repair. Grantor shall give grantee prompt notice by electric signal or otherwise of the outbreak and the ex- tinguishment of every fire . 1216. § 14. The said city shall adopt and enforce ordinances protecting the said water company in the safe and unmolested exer- cise of these franchises, and against fraud and imposition, and against injury to its property and waste of water by consumers ; and the said water company may make and enforce as part of the conditions upon which it will supply private water consumers, such rules and regula- tions as may be reasonable and necessary, and not inconsistent with the law. 1217. § 15. From the time when this ordinance shall go into force and effect, as aforesaid, said ordinance shall be deemed and held (so far as the same is not inconsistent with the provisions of law) to constitute the sole and only basis and authority whereby the relative rights and interests of grantee and grantor may, or ought to be, ascer- tained. Grantee's rights, privileges and franchises, under authority of said city shall not be held to extend beyond the terms and con- ditions of this ordinance, but shall, in all respects, be strictly limited thereby and thereto. 1218. § 16. All ordinances, above designated and specified, and all other ordinances not consistent with the terms of this ordinance are, each and all, hereby repealed. For schedule "A," "B," "C" and "D," see Ordinance Record 5, pages 130 to 140. Passed August 23d, 1907, in force without the approval of the Mavor. INDEX INDEX (References are to Marginal Paragraphs.) ABSENCE no appointive officer without leave, 834. ACCOUNTS (See also Reports). laws. to be kept separately with each fund, 119, 508. monthly statements to be made by treasurer, 121. special tax to be kept separately, 125. annual account of treasurer to be published, 123. of collector, 134. of bonds issued and paid, 140. finance committee to settle controversies, 142. ACCESSORIES ordinances. defined, and punishment prescribed, 816. ACTIONS LAWS, to recover fines and penalties, 57. jurisdiction of justices of the peace, 60. appeal bond not required, 516. damages by mobs, 230 to 236. mechanics' liens, 449. for violation of ordinance, how begun, 59. taxpayer may enforce rights in name of city, 511. bond for costs, 511. of debt for recovery of penalty for intoxication of city official, 222. ORDINANCES. procedure in case of impounded animals, 583. destruction of gaming devices, 788. damaged buildings in fire limits, 646. ADDITIONS (See Plats). ADULTERATED FOODS ordinances. penalty for selling, 699. ADVERTISEMENTS laws. power to regulate posting of, 52, 17th and 18th clauses, may be let by contract, 52, 94th clause, for bids for sale of city property, 213. bids for local improvements, 420. ORDINANCES. of sale of impounded animals, 578, 590. for bids for stationery, etc., 664. posting on private property prohibited, 772. posting in parks forbidden, 852. ALDERMEN (See City Council). AMUSEMENTS laws. power to regulate, 52, 41st, 58th and 92d clauses ordinances. licenses required for shows, etc., 565. fees for licenses, 566. 388 INDEX (References are to Marginal Paragraphs.) A M U SE M E NTS— Continued. register to be kept of licenses issued, 574. theater license, 567. billiard table, 568. shooting galleries, etc., 570. roller skating and polo, 571. pin alleys, 573. entertainments prohibited in saloons, 574. good order to be kept, 575. no chairs in aisles, 576. loitering about lobbies prohibited, 577. building regulations in theaters, 637. fortune telling, etc., 749. penny arcades, 566. Nvild west shows, 566. ANIMALS L.wvs. power to regulate speed of, 52, 21st clause, punish cruelty to animals, 52, 73rd clause, prevent cock fighting, etc., 52, 59th clause, regulate running at large, 52, 80th clause, tax on dogs, 52, 80th clause. ORDINANCES. running at large prohibited, 578. may be impounded by police, 579. or by any citizen, 580. chief of police ex-officio poundkeeper, 581. redemption of impounded animals, 582, 584. procedure before magistrate, 583. order of sale, form of, 584. notice of sale, 585. order to be returned after sale, 586. officer prohibited from purchasing, 587. fees for impounding, 588. compensation for feeding, 589. fees for advertising and selling, 590. . hindering impounding, breaking pound, 591. wrongful taking up, 592. I dogs, hydrophobia, proclamation, 593. vicious and dangerous dogs, 594. keeping bitch, 595. cruelty to animals, 596. cock fighting, etc., 597. unfastened not to be left in uninclosed place, 767. not to be hitched to trees in park, 852. ANNEXATION l.wvs. of unincorporated territor\% by petition and election, 144. may also be initiated by owners by petition to court, 150. of one corporation to another, 145 (see also below), proceedings initiated by corporation, 146. notice in such cases, 147. objections, 148. trial and findings, 149. map and ordinance to be recorded, 151. judicial notice of changes, 153. petition for the annexation of one city, or part of a city, 158. INDEX 389 (References are to Marginal Paragraphs.) APPEALS LAWS. to finance committee of controversies over accounts of officers, 142. appeal bond not required, 516. » from orders of fire and police commissioners, 264. appeal from condemnation judgment under local improvement act, 372, 374,443. from judgment confirming assessment, 399, 443. APPLICATIONS ORDINANCES. building permit,' 649. pUmibing permit for house drainage, etc., 872. cigarette license, 655. dram shop license, 720. wholesale liquor license, 720. druggist's permit, 739 to 746. auctioneer and other licenses, 662. scavenger license, 704. for plumber's license, 858. for use of sewers, 955. for moving buildings, 999. for permit to use street while building, 633. APPROPRIATIONS (See Finance). AREA-WAYS laws. power to regulate structures under sidewalks, 52, 14th clause. ordinances. conditions under which same may be used, 632-967. adjoining sidewalks, to be guarded, 967. ARRESTS laws. may be made by mayor, alderman, policemen, etc., 8, 101. on warrant or violation of an ordinance, 59. may be made by sheriff or constable, 61. city marshal has powers of constable, 91. ordinances. may be made without warrant when, 903, 915. Prisoner to be brought before magistrate, 910. if drunk, to be detained until sober, 911. if at night, may be held until morning, 912. bail, 913. statement to be filed, 914. ASHES . LAWS. power to regulate depositing of, in streets, etc., 52, 15th and 63rd clauses. ordinances. not to be deposited near buildings, 669. nor in alleys, 996. ASSEMBLAGES laws. power to suppress unlawful assemblies, 52, 72d clause. ordinances. unlawful, prohibited, 813. permitting same, prohibited, 814. ASSAULTS, ETC. ordinances. simple assault, assault and battery, assault with a deadly weapon, punish- ments prescribed, 768. ASSISTANT FIRE CHIEF ordinances. duties of, 673. 390 INDEX (References are to Marginal Paragraphs.) ATTEMPT ORDINANCES. punishment prescribed, 817. ATTORNEYS (See City Attorney, and Corporation Counsel). AUCTIONEERS laws. power to license and regulate, 52, 91st clause. ORDINANCES. licenses fees, 749. bond, 752. revocation of license, 755. penalty for carrying on without license, 757. AUTOMOBILES laws. power to regulate speed, 52, 21st clause. ORDINANCES. limitation of speed, 1002. lights, 1003. bells or horns, 1003. license required if used for transporting passengers for hire, 1004. to obev law of the road, 1001. brakes' and mufflers, 1005, 1006. scaring horses, 1007. when to stop or turn, 990, 991, 993. glass in street, 985. AWNINGS ^ LAW^s. power to regulate, 52, 17th clause. ORDINANCES. all except canvass, prohibited in fire limits, 971. not to be supported by posts, 971. BADGES ORDINANCES. firemen to wear, 675. police to wear, 926. BAIL ORDINANCES. may be taken from offender before trial, 913. may be forfeited for failure to appear, 913. BALL ALLEYS laws. power to regulate, tax and prohibit, 52, 44th clause. ORDINANCES. license for running, 573. penalty for keeping without license, 565. to be closed on Sundays, 574. not to keep open later than 11 o'clock, 574. minors not to play at games in saloon, 731. banana peelings; fine for throwing on sidewalk, 976. BARBED WIRE FENCES laws. prohibited along street, 997. BATHING BEACHES laws. acquired, 52, 97th clause. BAWDY HOUSE laws. power to suppress, 52, 45th clause. within three miles outside the city, 52, 45th clause, on rivers, 65. licensing prohibited, 66. ORDINANCES. penalty for conducting, 792. leasing premises for prostitution, 797. INDEX 391 (References are to Marginal Paragraphs.) BEES LAWS, prohibited, 770. BICYCLES LAWS. power to regulate speed of, 52, 21st clause. ORDINANCES. limitation of speed, 1002. lights, 1003. bells and horns, 1003. keep to the right, 1001. BILLIARD TABLES laws. power to regulate, tax and prohibit, 52, 44th clause. ORDINANCES. not to be kept without license, 568. to be closed on Sunday and after 11 o'clock, 574, minors not to play at game in saloon, 731. BILL BOARDS AND BILL POSTING LAWS. to regulate, and prevent, 52, 17th clause, 63. ORDINANCES. license required, 749. bonds, 752. bill boards, which are dangerous, 771. posting in parks prohibited, 852. posting on telephone poles, etc., 772. BOARD OF LOCAL IMPROVEMENTS (See Local Improvements). BONDS LAWS. power to issue, 52, 5th and 6th clauses. record of issue and payment to be kept, 140, funds to pay kept separate, 119, 508. for local improvements, 431 to 440, 385, 386. referendum on issue, 129. purchase of bonds and warrants, 132, 133. BONDS, OFFICIAL (See Officers). BONFIRES LAWS. power to regulate and prevent, 52, 65th clause. ORDINANCES. not to be kindled at night, etc, 669. nor in parks, 852. BOULEVARDS laws. power to establish, 478. BOUNDARIES ordinances. city limits, 598. ward boundaries, 599. saloon limits, 737. fire limits, 641. BOYS ordinances. curfew ordinance, 665. loitering about churches, etc., 798. climbing on cars, 774. BREAD laws, power to regulate sale of, and weight of loaf, 52, 52d clause. 392 INDEX (References are to Marginal Paragraphs.) BRIBERY LAWS. penalty for taking, giving or offering, 97, 216, 218, 219. disqualifies an alderman, 21, 23. BRIDGES LAWS. authority to construct and keep in repair, 52, 28th clause, to establish toll bridge, 52, 87th clause, outside city, within five miles, 159. regulate use of, 52, 28th clause, regulate speed of vehicles, etc., 52, 21st clause. ORDINANCES. under charge of committee on, 948. overloading, 773. BUILDINGS LAWS. power to prescribe thickness, strength, etc., 52, 61st clause. fire limits, 52, 62d clause. prohibit repair of old buildings, 52, 62d clause. construction of chimneys, etc., 52, 63d clause, erect engine house, 52, 64th clause, erect calaboose, etc., 52, 69th clause. erect all public buildings necessary, 52, 86th clause. doors to open outwards, 488. ORDINANCES. compliance with ordinance required, 600. foundations, 601. walls, materials and workmanship, 602. thickness, 603. increase or decrease, 604. stone facing, 606. openings, 607. fire walls, 608. hollow walls, 609. projections, 610. recesses, 611. division walls, 612. roofs, mansard, 613. fire-proof, inside fire limits, 614. bracing, 615. scuttle holes, 616. sky lights, 617. chimneys, height and dimensions, 618. floor beani to be clear of, 619. hearths and fire places, 620. heating, hot-air furnaces, 621. steam pipes, 622. boiler rooms, 623. floors, strength, 624. joists, 625. partitions, 626. bracing of walls in frame buildings, 627. stand pipe, 628. fire escapes, 629. hoistway openings, 630. elevators, 631. area-ways under sidewalk, 632. use of street while building, 633. plumbing, 634. (See Plumbers and Plumbing.) INDEX 393 (References are to Marginal Paragraphs.) BUILDINGS— Continued. veneered building, 635. fire-proof buildings, 636. theaters, churches, etc., 637. repairs, permit required, 638. use of party wall, 639. increasing height, 640. " fire limits, 641. wooden buildings prohibited, 642. not to be moved, 644. buildings to conform, 643. exceptions, 645. conditions as to repairing, 646. superintendent of buildings, 648. permits, applications, 649. fees, 650. encroaching on street, a nuisance, 818, 12th clause, veneered buildings, 605. dilapidated, duty to remove, procedure, 647. numbering of, 977. moving on streets in fire limits forbidden, 999. on other streets, notice to fire department, 998. permit from Superintendent of Buildings, 999. BURGLAR TOOLS ordinances. penalty for having in possession, 806. BURIAL PERMITS ordinances. required, 688. physician to give death certificate, 689. CALABOOSE laws. power to erect and govern, 52, 69th clause, prisoners may be detained over night or Sunday, 101. prisoners not to be furnished liquor, 223. CAPTAINS OF FIRE DEPARTMENT ordinances. duties of, 674. CARS LAWS. power to regulate speed of, 52, 21st clause; 81. ordinances. minors not to climb on, 774. not obstruct crossing, 936. ♦ moving in the night time to have a light, 940. CELLAR-WAYS ordinances. adjoining sidewalks to be guarded, 968, 969. •CEMETERIES laws. may be established, or removed, 52, 79th clause; 160, 161, 162. ordinances. regulation of, 651, 654. permit for interment required, 688. CENSUS LAWS. power to take once in three years, 52, 85th clause. CHANGING NAME OF CITY laws. petition and procedure, 163 to 171. CHIEF OF POLICE laws. power to prescribe duties of, 52, 68th clause. 394 INDEX (References are to Marginal Paragraphs.) CHIEF OF POLICE— Continued. ORDINANCES. ex-officio poundkeeper, 581. duties as to impounding and selling animals, 579, 585, 586, 590. to enforce cirgarette ordinance, 659. duty to serve health notices, 820. appointment, bond, oath, 825 to 829, 831. salary, 843. general duties, 897. monthly reports, 897. to attend sessions of council, 951, rule 27. may designate stands for hacks, etc., 1000. CHIMNEYS LAWS. power to regulate construction of, 52, 63d clause. ORDINANXES. thickness, dimensions, height, etc., 618. CIGARETTES ordinances. license for sale of, 655. bond, 655. fee, 656. revocation, 657. to be posted, 658. containing injurious substances, 660. officers to enforce, 659. CHURCHES ^ ORDINANCES. building regulations, 637. disturbing religious assembly, 778. boys loitering outside, 798. CIRCUSES LAWS, to tax and regulate shows, 52, 41st clause. ORDINANCES. license required, 565. good order to be maintained, 575. wild west shows, 566. CITY ATTORNEY laws. to be elected for term of two years, 40, 90. ORDINANCES. oath, 826. bond, amount, 827. form, 828. duties, 838. salan,^ 843. file statements against offenders, 914. CITY COUNCIL LAWS. General — number of aldermen, 18. term of office, 19. election, 40, 51. vacancy to be filed by election, 20. qualification of members, 21. not to act as attorney, 216. not to be interested in contracts, 21, 216. not to hold other office, 215. judge of election of its members, 22. may prescribe rules, 23. INDEX 395 (References are to Marginal Paragraphs.) CITY COUNCIL— Continued. may expel a member by two-thirds vote, 23. may punish members for disorderly conduct, 23. conviction of bribery vacates office, 23. majority, a quorum, 24. may compel attendance of members, 24. meetings, 25, 33. special by whom called, 33. chairman pro tem, 26. sessions, open doors, 27. shall keep journal of proceedings, 28. < yea and nay votes required, 29. two-thirds vote required to sell property, 29. reconsideration at special meeting, 30. report of committee to be deferred on request of two members, 31. jurisdiction, outside of limits to enforce health and quarantine regula- tions, 32. passage of ordinance over mayor's veto, 35. may divide city into wards, 42. terms of aldermen to expire alternately, 43. minority representation, 44, 45. members classified, 43, 46. canvass of election returns, 48. shall call special elections to fill vacancies, 50, 51. Enumerated Powers, 52. to control finances and property, 52, 1st clause. appropriate money and pay debts and expenses, 52, 2d clause. levy taxes 52, 3d and 5th clauses. fix amount and terms of issuing and revoking licenses, 52, 4th clause. borrow money, limited to 5 per cent., 52, 5th clause. issue bonds, 52, 5th, 6th clauses. open and improve streets, etc., 52, 7th clause. plant trees, 52, 8th clause. regulate use of streets, etc., 52, 9th clause. prevent obstructions, etc., on streets, etc., 52, 10th clause. provide for lighting, 52, 11th clause. cleaning streets, 52, 12th clause. regulate openings in streets for gas, water, etc., 52, 13th clause. use of sidewalks and area-ways, 52, 14th clause. prevent throwing ashes, etc., in street, etc., 52, 15th clause. cross-walks, curbs and gutters, 52, 16th clause. signs, awnings, telegraph poles, horse troughs and racks, 52, 17th clause. handbills and advertising, 52, 17th, 18th clauses. banners, etc., on streets, 52, 18th, 19th clauses. traffic on streets and sidewalks, etc., 52, 20th clause. speed of vehicles and animals, 52, 21st clause. speed of railroad cars, 52, 21st clause. numbering houses, 52, 22d clause. naming streets, etc., 52, 23d clause. laying of street car tracks, 52, 24th, 90th clauses. railroad crossings, etc., 52, 25th, 26th clauses. flagmen, etc., at railroad crossings, 52, 27th clause. compel R. R. to change grade, keep open ditches, etc., 52, 27th clause. construct bridges, etc., 52, 28th clause. construct sewers, etc., 52, 29th clause. over water courses, 52, 30th clause. \ 396 INDEX (References are to Marginal Paragraphs.) CITY COUNCIL— Continued. canals, docks, etc., 52, 31st to 39th clauses, inclusive. draining of ponds, etc., 52, 40th clause. hawkers, peddlers, pawn-brokers, shows, etc., 52, 41st clause. hackmen, etc., 52, 42d clause. runners, etc., 52, 43rd clause. billiard tables, pin alleys, etc., 52, 44th clause. houses of ill-fame, 52, 45th clause. licensing prohibited, 66. gambling, 52, 45th clause. *■ lotteries, 52, 45th clause. obscene pictures, etc., 52, 45th clause. into.Kicating liquors, 52, 46th, 47th and 4Sth clauses; 240 to 243. market house, 52, 49th clause. sale of meats, poultry, provisions, etc., 52, 50th clause. forestalling and re grating, 52, 51st clause. sale of bread, weight of loaf, etc., 52, 52d clause. inspection of meats, etc., 52, 53d clause. inspection and weighing of coal, etc., 52, 54th clause. weights and measures, 52, 55th and 56th clauses. • vaults, cisterns, sewers, etc., 52, 57th clause. regulate places of amusement, 52, 58th clause. prevent intoxication, cock fights, etc., 52, 59th clause. » regulate party'walls, fences, etc., 52, 60th clause. regulate construction of buildings, 52, 61st clause. regulate construction of fire escapes, 52, 61st clause. precautious against fire, 52, 62d clause. dilapidated buildings, 52, 62d clause. construction of chinmeys, etc., 52, 63d clause. fire appliances, 52, 64th clause. storeage of gunpowder, etc., 52, 65th clause. building of bonfires, fireworks, etc., 52, 65th clause. regulate police force, 52, 66th and 68th clauses. pass all necessary police ordiances, 52, 66th clause. inspection of steam boilers, 52, 67th clause. prescribe duties of police, etc., 52, 68th clause. erect calaboose or work-house, 52, 69th clause. use county jail for city prisoners, 52, 70th clause. fix relation with city emploj^es, etc., 52, 71st clause. suppress riots, etc., 52, 72d clause. punish cruelty to animals, 52, 73d clause. punish vagrants, mendicants and prostitutes, 52, 74tli clause. declare nuisances and fix punishments, 52, 75th clause. appoint a board of health, 52, 76th clause. erect hospital, etc., 52, 77th clause. health regulations, 52, 78th clause. regulate cemeteries, etc., 52, 79th clause. prohibit animals running at large, 52, 80th clause. direct location of packing houses, etc., 52, 81st clause. location of livery stables, blacksmith shops, breweries, etc., 52, 82d clause, any offensive business, 52, 83d clause, pig-st}', etc., compel abatement, etc., 52, 84th clause, taking census once in three years, 52, 85th clause, erect public buildings, 52, 86th clause, establish ferries and toll bridges, 52, 87th clause. INDEX 397 (References are to Marginal Paragraphs.) CITY COUNCIL— Continued. mill races in streets, 52, 88th clause. eminent domain to extend streets, build sewers, etc., 52, 89th clause, limitations on grant to lay railroad tracks, 52, 90th cla'use. license auctioneers, etc., 52, 91st clause, playing ball, etc., on streets, 52, 92d clause, lumber yards, etc., in fire limits, 52, 93d clause, contract for supplies, to lowest bidder, 52, 94th clause, tax second-hand stores, etc., 52, 95th clause, regulation vehicles, 96. bathing beaches, 97. to pass all ordinances, etc., to carry powers into effect, 52, 98th clause, •impose fines, etc., not exceeding $200 or six months' imprisonment, 52, 98th clause, tax itinerant merchant, 53. Additional Powers — - to enforce ordinances on boats, 65. licensing house of ill-fame prohibited, 66. may go into adjoining city to suppress riot, 67, 68. contract with adjacent city for use of sewers, 69. establish house of correction, 72. contribute to support of non-sectarian hospital, 305. no power to require license of soldier to peddle, 75. nor of farmer to sell his products, 74. elevators, license persons in charge, 77, 78. license persons in charge of steam boilers, 79, 80. speed of railroad trains, limitations, 81. require flagmen at crossings, 82. consent to lay pipes or string wires, 84. telephone poles on streets, 85. prescribe duties of ofificers, 91. confirm appointments, 92. fix compensation of officers, 102 to 105. provide for police matron, 110. determine vacancies, 113. pass appropriation ordinance, 115. contracting liabilities limited, 117. may appoint a comptroller, 138. may levy tax on foreign insurance company, 244, 246. levy taxes, 52, clause 3 and 505. annex territory, 144 to 153, 158. disconnect territory, 154 to 157. may sell property no longer necessary, 212 to 214. appoint board of fire and police commissioners, 247. firemen and police relief fund, 266. establish and maintain library, 328. power to make local improvements, 341 to 448. municipal ownership of street railways, 450 to 455. may require new bonds of officers, 456 to 459. may pay cost of furnishing bonds, 460. special funds for parks and boulevards, 461 to 463. may approve plats, 466 to 475. may vacate streets, 476, 477. establish pleasure drive-ways, 478 to 480. license plumbers, 481 to 487. prescribe rules for plumbing and sewerage, 485. 398 INDEX (References are to Marginal Paragraphs.) CITY COUNCIL— Contimied. may contract for sewerage, 495, 496. sidewalks, under special act, 497 to 504. rebate taxes, refund illegal taxes, 519 to 521. special sewer fund tax, 522. sewerage and light fund tax, 523. establish water works, 524 to 530. let contract for water, 531, 538. special assessments for water mains, 535. may lease or purchase water works, 540. punishment for interference with water works or their operation, 544. may fix water rates, 545. additional powers as to acquiring water works, 546 to 564. CITY CLERK laws. election of, 40, 90. to give notice to officers elected, 49. vacancy, how created, 112. how filled, 92. power to call special election, 50. oath, 93. bond, 93. qualifications, 95. not to be interested in contracts, 96, 216, 217. ijot to hold other office, 98. to commission officers elected, 94. general duties, 99, 76. keeper of the official seal, 99. to keep record of ordinances, 100. certificate, evidence of passage, etc., of ordinances, 100. compensation not to be changed, 104, 105. power to^administer oaths, 107. to countersign warrants, 124. keep bond record, 140. duties of comptroller, 138, 139. further duties may be required, 141. responsible for fidelity of subordinates, 143. duty as to tax levy, ordinance, 505. to join with mayor in conveyances, 214. special sidewalk tax, duties, 499, 500. ORDINANCES. to sign all licenses, 574, 655, 715, 747. keep register thereof, 715. keeper of seal, 835. keep journal, 835. monthly financial reports, 835. general duties, 835. oath, 826. bond and condition, 827, 828. not to be surety for another officer, 829. to commission officers, 830. monthly account of moneys collected, 832. annual report, 842. salary, 843. sign certificate of approval of plats, 856. to forward papers to committees, 951, rule 23. INDEX 399 (References are to Marginal Paragraphs.) CITY ENGINEER laws. member of the board of local improvements, 347. duty to make estimate of cost, 351. ORDINANCES term of office, when to begin, 825. oath, 826. bond, amount, 827. condition, 828. general duties, 841. annual report, 842. salary, 843. to attend meetings of council, 951, rule 27. charge of sidewalks, 959. numbering of buildings, 977. permits for openings in streets, 978, 979. civil service, 172 to 211. CLAIMS ORDINANCES. must be verified by affidavit, 662. and must be referred to a committee, 662. committee on, duties of, 948. COAL AND COAL YARDS laws. may regulate inspection and weighing, 52, 54th and 93d clauses. ORDINANCES. short weights prohibited, 1008 to 1012. COCKFIGHTS laws. power to prohibit, 52, 59th clause. ORDINANCES. penalty for conducting, 597. COLLECTOR, CITY laws. office created, 91. general duties, 134 to 137. reports to city council, 135. to county collector of delinquent assessments, 135. turn over money promptly, 136, 414. penalty for withholding funds, 228 and 136. execute warrants for local improvements, 406. publish notice, 407. demand payment, 408. delinquent list, 409. penalty, where assessments is paid, 413. compensation to be fixed by council, 414. ORDINANCES. appointment, term, 825. oath, 826. bond, amount, 827. condition, 828. general duties, 837. compensation, 846. moneys collected to be turned over immediately, 832. monthly reports, 832, 837. accounts to be audited by finance committee, 948. delinquent report, 837. COMMISSION laws. all officers except clerk, aldermen and mayor to be commissioned, 94. ORDINANCES. to be signed by mayor, etc., 830. 400 INDEX (References are to Marginal Paragraphs.) - COMMISSIONER OF HEALTH ordinances. appointment and term, 686. bond and oath, 826, 827, 828. salary% 843. qualifications, 686. general duties, 686. annual report, 687. burial permits, 688. reports to, by physicians, of death, 689. contagious diseases, 690, 696. blanks, 691. compulsory vaccination, 692. power to establish and enforce quarantine, 693. precautions to prevent spread of contagion, 695, 696. supervision of scavengers, 704. charge of dumping grounds, 705. abatement of nuisances, 820. to enforce cigarette ordinance, 659. disinfect after consumption, 696. COMMITMENT laws. prisoner may be committed for violation of ordinance until fine and costs are paid, 59. over night or Sunday for trial, 101. ORDINANCES. for trial, in default of bail, 910. , imprisonment satisfied by labor at $1 per day, 919. fine and costs commuted at 50 cents per day, 919. COMMITTEES ordinances. contracts of officers must be ratified by, 661, 950. all claims must be audited by, 662, 951, rule 24. appointed by the mayor, 947. duties of standing committees, 948. time of meeting, 949. report of, to be deferred one week for final action, 31 and 951, rule 22. must be to next regular meeting, 951, rule 21. proposition involving expenditure of money must be referred, 951, rule 24. COMPTROLLER laws. if there be none, duties devolve on clerk, 138 to 140. CONCEALED WEAPONS _ ordinances. penalty for carrying, 775. forfeiture of, 775. ' ' CONDEMNATION laws. power to extend street or sewer across railroad, 52, 89th clause. taking property .for local improvement, 353 to 375. of street railways, municipal ownership, 450. for water works, 529, 533, 542, 543. ORDINANCES. of dilapidated buildings, 647. wooden buildings inside fire limits, 646. gaming implements, 787, 788, 789. CONSERVATORS OF THE PEACE laws. > mayor, aldermen, policemen, etc. 101. CONTAGIOUS DISEASES laws. make all regulations for suppression of disease, 52, 78th clause. INDEX 401 (References are to Marginal Paragraphs ) CONTAGIOUS DISEASES— Contifiued. ORDINANCES. duty of commissioner of health, 686. physicians to report, 690. vaccination, 692. quarantine, 693. precautions to prevent spread, 694 to 696. CONTRACTS laws. may be let for supplies, 52, 94th clause, officers not to be interested, 96, 216, 217, officers not to shave warrants, 225 not to be made in excess of appropriations, 117. for use of sewers with adjoining city, 69, 495. for local improvements, 417 to 427. mechanics' liens on public contracts, 449. for building libraries, etc., 337 to 339. for water works, 524 to 564. exceeding, $500, 71 ORDINANCES. not to be made by officers without authority, 661. wages of employes, 663. for supplies, to be let to lowest bidder, 664. CONVEYANCES laws. of property ordered sold, shall be signed how, 214. CORNER STONES laws. shall be set, at starting point, in laying out additions, 466. neglect to plant, penalty, 469. ORDINANCES. penalty for disturbing, 983. CORPORATION COUNSEL laws. authority for creation of ofhce, 91. ordinances. appointment term, etc., 825. oath, 826. bond and condition, 827, 828. general duties, 839. annual report, 842. salary, 843. to attend meetings of council, 951, rule 27. CORRUPT PRACTICES OF OFFICERS laws. unlawful for aldermen to hold other office, 215. not to be interested in contracts, 216. bribery, 216 to 219, 97. no officer to act as attorney to procure contract, 216. embezzlement, 220. malfeasance, 221. forfeiture of office, 221. intoxication, 222. third conviction forfeits office, 222. furnishing liquor to prisoners, 223. extortion, 224. shaving warrants, 225. taking illegal fees, 226, 227. second conviction forfeits office, 226. 402 INDEX (References are to Marginal Paragraphs.) CORRUPT PRACTICES OF OFFlCERi^— Continued. withholding funds, 228. disquaHfied in future to hold any office, 228. withholding or mutilating records, 229. COSTS LAWS, offender may be confined until paid, 59. in local improvements, how to be paid, 442. CROSSINGS LAWS. railroad company required to construct and maintain, 52, 26th clause, to keep flagmen, etc., 52, 27th clause. ORDINANCES. flagmen at certain crossings, 941. gates at certain crossings, 942. railroad company to construct and maintain, 938, 939. CRUELTY TO ANIMALS ordinances. penalty for the offense, 596. CURFEW ordinances. loitering on streets of children under 16, at night, forbidden, 665, 800. DAMAGES BY MOBS . laws. city liable for three-fourths damages, 230. action, how brought, 23 L who entitled to recover, 232. defenses, 232. action over against participants, 233, 236. limitation of action, 235, 234. DEAD ANIMALS ordinances. regulations respecting removal, 823. DEADLY WEAPONS ordinances. assault with, penalty, 768. carrying concealed, 775. DEAD WIRES ordinances. required to be removed, 995. DEATH CERTIFICATE ordinances. physician to give, 689. DEPOTS laws. may restrain runners, etc., 52, 42d and 43d clauses. ordinances. boys loitering about, 798. idling about, 794. DESK SERGEANT ordinances. appointment, oath, bond, 825 to 828. general duties, 899. DIME MUSEUMS ordinances. license required, 566. DISEASED MEATS ordinances. penalty for selling, 698. DISORDERLY CONDUCT laws. power to pi;pvent, 52, 59th, 72d clauses. ordinances. dram shop keeper not to suffer, 728. penalty for, 776, 933. INDEX 403 (References are to Marginal Paragraphs.) DISORDERLY HOUSE laws. power to suppress, 52, 45th clause. ORDINANCES. dram shop keeper not to suffer, 728. penalty against, 777. DISCONNECTING TERRITORY laws may be done by city council, 154. ordinance to be recorded, 155. DISTURBANCES laws. power to prevent, 52, 59th and 72d clauses. ORDINANCES. of assembly, 778. funeral, 779. peace, 780,781,769. firing guns, cannons, etc., 784. unlawful assembly, 813. Sunday amusements, 811. bells and gongs, 769. fireworks, 785. DOGS LAWS prohibit running at large, 52, 80th clause. impose a tax on, 52, 80th clause. ORDINANCES. danger of hydrophobia required to be muzzled, 593. vicious dogs, 594. female dogs, 595. DOG AND PONY SHOWS ordinances. license required, 566. DRAINS (See Sewers). DRAM SHOPS (See Intoxicating Liquors), laws. power to license, 52, 46th clause. prohibition against selling to minors, etc., 52, 48th clause. license not to be less than $500, 240. bond to the People, 241. soldiers' home limit, 1| miles, 242. DRAYS LAWS.. power to license, 52, 42d clause. ORDINANCES. license required, 749, 1004. Maximum charges, 1004. chief of police may designate stands, 1000. report to chief of police, 782. DRUGS ORDINANCES. not to be distributed promiscuously, 702. DRUGGISTS LAWS. may be granted permit to sell liquors, 52, 46th clause. ORDINANCES. sale of intoxicating liquor, permit and restrictions, 739. revocation of permit, 746. sale of poisons, 703. DUMPING GROUNDS ordinances. location and use of, 705. under supervision of commissioner of health, 705. scavengers to remove offal to, 704. \ 404 INDEX (References are to Marginal Paragraphs.) DUMB WAITERS ordinances. prohibited in places where liquor is sold, 725. ELECTIONS LAWS. are governed by the Australian ballot law, 36. primary' elections, 38. election commissioners, 37._ annual election third Tuesday in April, 39. special elections, 50, 51. officers to be elected, 40. qualifications of electors, 41. notice to be given, 48, 51. tie vote, 48. notice to person elected, 49. minority of council may call, if there is no quorum in office, 50. required to sanction additional appropriations, 115. for annexation of territory, 144, 158. of one city to another, 158. for adoption of board of fire and police commissioners, 265. firemen and police relief fund, 266. municipal ownership of street railways, 450. parks and boulevards, 461. for lease or purchase of water works, 540, 549, 556, 557. to increase capacity of water w^orks, 547, 549. ORDINANCES. conduct of election, 666. disorderly conduct at polls, 667. election contest, aldermen, 668. saloons to be closed on election day, 732. " ELECTRIC LIGHT - laws. consent required for use of streets, 84. ORDINANCES. injury to property of company, 803. dead wires and unused poles to be removed, 995. EMBEZZLEMENT laws. a felony, punishment for, 220. ELECTRICIAN ordinances. duties of, 840. appointment, 825. bond and oath, 826-828. annual report, 842. ELEVATORS laws. power to license persons in charge, 77. ORDINANCES. safeguards, concerning, 631. EMPLOYES LAWS. to provide by ordinance for relations with, 52, 71st clause. ORDINANCES. wages of, 663. city clerk to disburse pay rolls, 835. ESTIMATES laws. by clerk, of appropriations needed, 138. by library board, of cost of proposed building, 337. by city engineer, of local improvements, 348, 351. ORDINANCES. city engineer to make for public improvements, 841. 1 INDEX 405 (References are to Marginal Paragraphs.) EVIDENCE LAWS. ordinances proved by clerk's certificate, 56, 100. or by printed book, 56. certified copies of any record, evidence, 99. ORDINANCES. how to be aken in election contest, 668. police to hunt up, for violation of ordinances, 901, 916. EXCAVATIONS ordinances. under sidewalks, permit, conditions, 632. adjoining sidewalks to be guarded, 969, 982. not to be made in streets without permit, 978, 980. in streets, to be guarded, 979, 980, 982. EXHIBITIONS (See Amusements). EXPLOSIVES LAWS. power to regulate and prevent storage of, 52, 65th clause. ORDINANCES. not to be weighed by lamp light, 669. not to be stored near dwelling house, 818, 10th clause, inflammable and explosive oils, 818, 11th clause.' fire-works prohibited, 785. EXTORTION LAWS. by officers, penalty, 224. FARMERS may sell without license, 74. FAST DRIVING laws. power to regulate speed, 52, 21st clause. ORDINANCES. speed of animals and vehicles limited, 1002. FEES AND SALARIES laws. compensation not to be changed during term, 104, 105. unlawful to take greater sum than amount fixed, 106. report of amount of fees collected, semi-annual, 104. of police magistrate, same as justice of peace, 108. penalty for taking illegal, 226, 227. ORDINANCES. of poundkeeper, for impounding, 588. for feeding, 589. for advertising and selling, 590. for building permits, 650. for cigarette licenses, 656. wages of employes, 663. license fees, dram shop, etc., 721. for other licenses, auctioneers, etc., 749. list of salaries, 843. none to be paid while officer is absent, 845. compensation of aldermen, 844. of witnesses and jurors before police magistrate, 917. FENCES laws. partition fences, power to regulate, 52, 60th clause. ORDINANCES. bill posting on, prohibited, 772. injury to park fences, etc., 852. barbed wire, 997. 406 INDEX (References are to Marginal Paragraphs.) FINANCES LAWS. controlled by the city council, 52, 1st clause. sinking fund commission, 131. purchase of bonds with sinking fund, lv?2. purchase of warrants with sinking fund, 133. power to borrow money, etc., 52, 5th clause. fiscal year, 114. annual appropriation ordinance, 115. money to be appropriated for corporate purposes only, 52, 2d clause. further ap])ropriations must be sanctioned by electors, 115. power to borrow money in emergency, 116. contracts limited to appropriations, 108. duties of treasurer, 118 to 125, 141. warrants may be drawn, when, 126. may be issued in anticipation of taxes, 127. may draw interest, 128. ' duties of collector, 134 to 137, 141. duties of comptroller, 138. record of bonds, 140. referendum on issue of bonds, 129. duties of officers as to receipt and expenditure of moneys may be prescribed by city council, 141. appeal to finance committee on adjustment of accounts, 142. license exacted from foreign insurance company, 244, 246. tax levy ordinance, 505. taxes, how collected, 506. levied for particular purpose to be kept separate, 508. one-half road tax belongs to city, 510. payment of debts, etc., in case of annexation, 158. toll bridges, 159. sell and convey property, 212. warrants not to be shaved by officers, 225. damages done by mob violence, 230. firemen and police relief fund, 266 to 275. library, tax for, 328. funds for buildings, etc., 332, 337 to 340. municipal ownership of street railways, 450 to 455. additional bonds of officers, 456. cost of furnishing security on official bond, 460. parks and boulevards, special funds, 461 to 463. contract for sewerage with adjoining city, 495. sidewalks by special taxation, 497 to 504. rebate and refunding of taxes, 517 to 521. special sewerage fund tax, 522. sewerage and light fund tax, 523. water works, 528 to 564. ORDINANCES. fees to be collected for amusement licenses, 565 to 573. impounding animals, 588. building permits, 650. cigarette licenses, 656. certain occupations, 749. plumber's license, 861-862. plumbing permit, 873. license of vehicles, 1004. contracts not authorized forbidden, 661, 950. j I INDEX 407 (References are to Marginal Paragraphs.) FINANCES— Continued. claims must be verified, 662. must pass before committee, 662. wages of employes and teams, 663. supplies to be let by bids, 664. ■ city to furnish blanks for health department, 691. health commissioner to give estimate of appropriations needed in his de- ' partment, 687. rate of liquor licenses, 721. expense of abating nuisances, how recovered, 821. of removing dilapidated building, 647. bonds of officers, 827, 828. no officer to be surety for another, 829. new bonds required of officers, 831. monthly reports of officers, 832. . • annual, 842. funds must be immediately paid over, 832. city clerk to keep accounts, 835. general duties of treasurer, 836. city collector, 837, 846. . salary list, 843. of aldermen, 844. no salary when absent from duty, 845. fines to be paid into the treasury, 920. police magistrate's report, 920. funds of library to be paid to treasurer of board, 928. excessive charges for public services, 934. committee on finance, duties, 948. yeas and nays on expenditures, 951, rule 19. proposition involving expenditures to be referred, 951, rule 24. FINES LAWS. for causing or continuing nuisance, 52, 75th clause, penalty limited to $200, 52, 98th clause, ordinance imposing must be published, 55. suit for recovery must be in name of city, 57. when collected must be paid to treasurer, 58. imprisonment for non-payment, 59. justices of the peace have jurisdiction to assess, 60. may be imposed for failure to perform street labor, 62. for injury to library property, 335. FIRE ALARM , ordinances. to be kept in order by electrician, 840. meddling with, penalty, 683. false alarm, 684. FIRE ARMS ORDINANCES. discharging, 784. carrving concealed, 775. FIRES ' LAWS. power to prescribe precautions against, 52, 62d, 63d, 65th clauses. ORDINANCES. wooden buildings not to be built inside the fire limits, 642. conditions as to repairing wooden buildings in the fire limits, 646. precautions to be observed, 669. duty of fire chief to inspect dangerous premises, 670. planing mills, etc., prohibited in fire limits, 671. prohibited in parks, 852. 408 INDEX (References are to Marginal Paragraphs.) FIRE CHIEF ORDINANCES. how appointed, 825. term, 825. bond, 827, 828. oath, 826. duties of, 672. to inspect dangerous x^rcmises, 670. FIRE DEPARTMENT laws. power to erect engine houses, provide equipment, etc., 52, 64th clause. relief fund, 266 to 275. license fees of foreign insurance companies, 244, 246. ORDINANCES. fire chief, duties, etc., 672. assistant. fire chief, 673. captains, 674. members, 675. causes for removal, 676. by-standcrs to assist, 677. malicious injur\' to equipment, 678. running over hose, 679. unnecessary throwing of water, 680. vehicles obstructing streets at fires, 681. meddling with fire hydrants, 682. fire alarms, 683. false alarm, 684. committee on fire and water to have supervision, 948. vacation of firemen, 685. FIRE ESCAPES laws. power to prescribe construction of, 52, 61st clause. ORDINANCES. what buildings to have, how to be constructed, etc., 629. FIRE LIMITS LAWS, power to prescribe, 52, 62d clause, lumber yards, etc., may be prohibited within, 52, 93d clause. ORDINANCES. boundaries defined, 641. wooden buildings prohibited, 642. conditions as to repairing wooden buildings, 646. wooden building not to be moved, 644. roofs of buildings within, 614. use of streets inside for storing materials while building, 633. lumber yards, etc., prohibited, 671.. FIRE AND POLICE COMMISSION laws. act may be adopted by vote, 265. board, how appointed, term, etc., 247, 248, 250. qualifications, oath, bond, removal, 249, 261. rules, 251, 252. e.xaminatioii of applicants, 253. notice of time and place, 254. standing, how determined, 255. promotions, 256. temporary appointments, 257. removal on charges, 258. annual report, 259. secretary, 260. INDEX 409 (References are to Marginal Paragraphs.) FIRE AND POLICE COMMISSION— CoK/mwerf. rooms for, 262. compensation, 263. appeals from, 264. FIREMEN AND POLICE RELIEF FUND laws. may be adopted by vote, 268. how fund created, 266, 267. trustees of fund, 269, 270. treasurer to give bond, 27 L warrants, how drawn, 272, 275. benefits, 273, 274. pension fund, 276 to 29L FIRE PROOF BUILDINGS ordinances., rules for construction of, 636. FIRE WORKS ^ ORDINANCES. prohibited, 785. FISCAL YEAR law^s. may fix commencement of, 114. unless fixed begins with election, 515. ORDINANCES. date fixed for beginning. May 1st, 945. , FLAGMEN laws. power to require at railroad crossings, 52, 27th clause; 82. ORDINANCES. required at certain crossings, 941, 942. FLOORS ORDINANCES. how to be constructed, 624. FOODS LAWS, to regulate sale of, 52, 50th clause. ORDINANCES. adulterated, penalty for selling, 699. diseased meat, 698. undrawn bodies fowls, 700. FOREIGN INSURANCE COMPANY laws power to license and tax, 244, 246. FURNACES ORDINANCES. how to be built, 621. GAMBLING laws. power to suppress, 52, 45th clause. ORDINANCES. penalty, 786. GAMING DEVICES laws. power to suppress, 52, 45th clause. ORDINANCES. penalty for keeping, 787, 789. slot machines, 787. destruction of, procedure, 788. GAMING HOUSE laws. power to suppress, 52, 45th clause. ORDINANCES. penalty for keeping, 790. duty of policemen to report, 901. leasing for gaming, 796. inmates, 791. 410 INDEX (References are to Marginal Paragraphs.) GARBAGE laws. power to prevent placing in streets, 52, 15th clause. ORDINANCES. penalty for putting in streets and alleys, 984, 985. depositing, a nuisance, 818. to be removed to dumping ground, 705. not to be deposited near water supply, 706. GAS LAWS. power to regulate laying of pipes, etc., 52, 13th clause. consent required to lay pipes, 84; safety appliances, 86. ORDINANCES. malicious injury to property of gas company, 803. GASOLINE ' LAWS. power to regulate storage of, 52, 65th clause. ORDINANCES. storage of, restrictions, nuisance, 818, 11th clause, not to be drawn by lamplight, 669. GATES LAWS. power to require at railroad crossings, 52, 27th clause. ORDINANCES. required at certain railroad crossings, 941, 942. not to obstruct streets or sidewalks, 965. GRADES LAWS. power to establish on streets, 52, 7th clause. change grade of railroad crossings, 52, 25th clause. ORDINANCES. engineer to set stakes, 841. penalt}' for removing grade stakes, 983. GUNPOWDER LAWS. power to regulate storage of, etc., 52, 65th clause. ORDINANCES. not to be weighed by lamplight, 669. not to be stored near dwelling house, 818, 10th clause. HACKMEN L.\ws. pow-er to license and regulate, 52, 42d clause. ORDINANCES. license fees, 749-1004. charges fixed, 1004. stands may be designated, 1000. HAWKERS (See Peddlers.) HAY LAWS. power to regulate weight and inspection, 52, 54th clause. ORDINANCES. full weight required, 1017, 1016. HEALTH LAWS. power to make all necessary" regulations, 52, 78th clause, to establish a board of health, 52, 76th clause, establish hospitals, 52, 77th clause. extends half mile beyond city limits, 32. ORDINANCES. oflRce of commissioner, 825, 686. reports, 687. burial permits, 688. death certificates, 689. I INDEX 41 !• (References are to Marginal Paragraphs.) HEALTH— Co?itmiied. report of contagious diseases, 690. quarantine, 693. vaccination, 692. precaution to prevent spread of contagion, 694, 695, 696, 697. diseased meat, 698. adulterated foods, 699. anti-spitting, 701. promiscuous distribution of drugs, 702. regulations for sale of poisons, 703. regulations for scavenger work, 704. dumping grounds, 705. protection of water supply, 706. cigarettes containing opium, etc., sale prohibited, 660. nuisances defined, 818. how abated, 819 to 821. penalties, 822. removal of dead animals, 823. sanitary regulations, privies, etc., 824. plumbing regulations, 865 to 894. sewer regulations, 952 to 958. ' consumption, 696. undrawn bodies of fowls, 700. HITCHING-POSTS ordinances. forbidden in certain limits, 970. HOIST-WAYS ORDIN.\NCES. regulations as to building, 630. HORSES LAWS. power to regulate speed of, 52, 21st clause, punish cruelty to, 52, 53d clause, prevent running at large, 52, 80th clause. ORDINANCES. running at large prohibited, 578. cruelty to animals, 596. speed of limited, 1002. driving unhaltered on street forbidden, 987. not to be left unfastened, 767. not to stand on street in fire limits over thirty minutes, 989. HOSPITALS LAWS. power to establish and maintain, 52, 77th clause. contribute to support of non-sectarian, 305 to 327. HOUSE OF CORRECTION laws. city may establish, 72, 52, 69th clause; 72, 73. HOUSE OF ILL-FAME laws. power to suppress, 52, 45th clause. licensing of prohibited, 66. jurisdiction of city extends outside of limits, 65, 52, 45th clause. ordinances. penalty for keeping, 792. leasing property for this purpose prohibited, 797. inmates, 793. policemen to report, 901. HOUSE MOVERS ordinances. regulation, license, etc., 707 to 714. '^ 412 INDEX (References are to Marginal Paragraphs.) HOUSES (See Numbering of Houses). HYDRANTS ordinances. meddlinj^ with, 682. malicious injury- to, 803. IDLING (Sec Loitering). IMPRISONMENT l.wvs. may be part of punishment for violation of ordinance, 59. but not to exceed six months, 52, 98th clause. ORDINANCES. commutation of fines, 919. released by giving bail, 913. INDEBTEDNESS laws. council may appropriate money to pay, 52, 2d clause: limited to five per cent., 52, 5th clause. must be within annual appropriation, 117. register of bonds, 140. street railway certificates. 451. ORDINANCES. officers not to create without authority, 661. INDECENCY ordinances. exposure of person, etc., 795. obscene books, 804. w'ritings, 805. vulgar and indecent shows prohibited, 574. INJURIES ordinances. to equipment of fire department, 678, 679, 682, 683. pounds, 591. sidewalks, paved streets, etc., 803. library property ,'^929 to 933. property of public ser\'ice corporation, 934. INMATES ordinances. of house of ill-fame, 793. INSURANCE COMPANY laws. power to tax, 244, 246. INSPECTION OF METERS, 760 to 766. INTEREST DEPOSIT, in, 133. INTERURBAN ordinances. (See Special Ordinances.) INTOXICATION laws. power to punish for, 52, 59th clause. of officer while in discharge of duties, misdemeanor, 222. third conviction forfeits office, 222. ordinances. penalty for, 783. prisoner drunk not to be tried until sober, 911. of officer cause for removal, 907. INTOXICATING LIQUORS laws. power to regulate and prohibit sale, 52, 46th clause, punish selling to minors, etc., 52, 48th clause, sales on boats, 65. minimum license for dram shop, 240. S3, 000 bond required, 241. sale prohibited within 11 miles of Soldiers' Home, 242. not to be furnished to prisoners, 223. INDEX 413 (References are to Marginal Paragraphs.) INTOXICATING LIQUORS— Con/mwed. general power to fix terms, etc., of issuing and revoking licenses, 52, 4th clause. ORDINANCES. license for dram shops, 715. wholesale dealer's license, 715. license to be kept posted, 719. application, 720. rate of license, 721. bonds, dram shop, 722. wholesale dealer, 723. disqualifications for holding license, 724. not to be sold in connection with restaurant, 725. hours of opening and closing saloons, 726. screens, 727. disorderly house, lewd women, wine rooms, music prohibited, 728. minors not to be employed, 730, 729. loitering of drunkards and minors forbidden, 731. not to be sold on Sundays and election days, 732. selling without license, 733. shifts and devices prohibited, 734. acts of employes, 734. revocation of licenses, 735, 736. saloon limits, 737. druggists' permits, 739. not to be furnished to prisoners, 909. minors not to drink in saloons, 729. licenses limited as to number, 716. saloons in basements prohibited, 717. entrances limited to two, 718. , ITINERANT MERCHANT laws. power to tax, 53. ORDINANCES. license required, 747, 749. bond, conditions, 752. penalties, 757. JAIL LAWS. may contract with county for use of, 52, 70th clause. JOURNAL ' LAWS, council must keep, 28. yeas and nays to be entered, 29. all votes on expenditures and appropriations to be entered, 29. to be kept by clerk, 99. ORIDNANCES. duties of city clerk, 835. JUDGES OF ELECTION duties of under Australian Ballot Law, 36. ORDINANCES. to preserve order at polls, 667. JUDGMENTS laws. after appropriation, borrowing money to pay, 116. may include commitment for violating ordinance, 59. appeal from, city need not give bond, 516. in special tax cases, 399. ORDINANCES. in case of impounded animals, 584. 414 INDEX (References are to Marginal Paragraphs.) JUDICIAL NOTICE of changes in territory, 153, 156. jUNK SHOPS LAWS. power to license and regulate, 52, 95th clause. ORDINANCES. amount ui license required, 749. bond, 752. revocation, 755. penalties, 757. purchase from minors, 808. JURISDICTION LAWS. extends outside of the city limits, to suppress houses of ill-fame, etc., 52, 45th clause. slaughter houses, etc., 52, 81st, 83d clauses. over waters bordering, etc., 62. on boats, 65. bridges, 159. suppress riot, in adjoining city, 68. * quarantine and health regulations, 32. of police magistrate, 108. of justice of the peace, 60. JURYLxWVS LAWS, inhabitants not incompetent, 513. ORDINANCES. fees of, to be taxed, against defendant, 917. JUSTICE OF THE PEACE ordinances. jurisdiction in suits for violation of ordinances, 60. LABOR LAWS. of prisoners in payment of fines, 59. street labor, 62. ordinances. wages and hours of labor of employes, 663. of prisoners, 919. LEASING ordinances. premises for gaming, 796. prostitution, 797. LIBRARY LAWS, power to establish, 328. tax for support of, 328, 340. directors and term of office, 329, 330, 331. no compensation, 331. • • organization of board, 332. adoption of by-laws, etc., 332. reports to council, 334. powers, 332. who may use, 333. penalty for injury to property, 335. donations, 336. erection of buildings, bonds, etc., 337. investment of funds, 338. how contract let, 339. may mortgage to secure money, 340. ORDINANCES. directors, appointment, term, etc., 928. I INDEX 415 (References are to Marginal Paragraphs.) LIBRARY — Continued. funds to be paid to treasurer of board, 928. injury to buildings or grounds, 929. books, etc., 930. failure to return books, 931. taking property of without right, 932. disorderly conduct in, 933. LICENSES FOR CERTAIN OCCUPATIONS (See also Intoxicating Liquors.) LAWS. power to fix terms, etc., of issuing and revoking, 52, 4th clause. hawkers and peddlers, 52, 41st clause. pawn brokers, 52, 41st clause. keeper of ordinaries, 52, 41st clause. shows, theatricals, etc., 52, 41st clause. hackmen, draymen and the like, 52, 42d clause. runners for stages, etc., 52, 43d clause. billiard tables, etc., 52, 44th clause. toll bridges, etc., 52, 87th clause. auctioneers, 52, 91st clause. lumber yards, 52, 91st clause. livery stables, 52, 91st clause. public scales, 52, 91st clause. brokers, 52, 91st clause. second hand stores, 52, 95th clause. junk stores, 52, 95th clause. itinerant merchants, 53. ORDINANCES. to be issued by the mayor and clerk, 747. register to be kept by clerk, 748. fees, circuses, 566. dog and pony shows, 566. theaters, 566. fortune telling, etc., 749. penny arcades, 566. wild west shows, 566. house license, 567. curiosities, etc., 566. dime museums, 566. all other shows, 566. billiard tables, 568. lung testers, 569. shooting galleries, 570. roller skating, 571. ball alleys, 573. cigarettes, 655* auctioneers, 749. house movers, 707 to 714. bill posters, 749. draymen, etc., 749. hackmen, 749. hawkers and peddlers, 750. itinerant merchants, 749. junk dealers, 749. keeper of public scales, 1013. pawn brokers, 749. second hand dealers, 749. 416 INDEX (References are to Marginal Paragraphs.) LICENSES FOR CERTAIN OCCUPATIONS— Cowiwae^f. bonds, 752. pawn broker's record, 753, 754. revocation of license, 755. license to expire with fiscal year, 756, 721. penalties, 757. scavengers, 704. LIENS LAWS. of mechanics for public improvements, 449. on moneys collected for local improvements, 417. judgment of confirmation on local improvements a lien, 399. LIGHT LAWS. power to light streets, 52, 11th and 13th clauses. use of in stables, etc., 52, 65th clause. ORDINANCES. in city building and on streets in charge of committee on lighting, 948. required on moving trains at night, 940. LIQUORS (See Intoxicating Liquors.) LIVERY STABLES laws. power to regulate location of, 52, 82d clause, to tax and license, 52, 91st clause. ORDINANCES. not to be located in residence block, restrictions, 758. within twenty-five feet of residence, 818, 8th clause. LOCAL IMPROVEMENTS laws. powers conferred, by special taxation, etc., 341. board of local improvements, how constituted, 343, 347. ordinance, 345. resolution, 348. public hearing, 349. preliminary steps, 348. not necessary for sidewalks, 348. resolution adhering to plans, 349. recommendation to council, 350, 346. engineer's estimate of cost, preliminary, 348. final, 351. publication of ordinance, when required, 352. where private property is taken, 354 to 375. petition to the court, 354, 355. commissioners' appointment, duties and fees, 355. report, 356 to 360. assessment for water works, bridge and viaducts to be in 30 install- ments, 357. affidavit of ownership, 361. ' summons and publication as to owners of land taken, 362. mailing notice to non-residents, 363. as to parties assessed, mailing notice, 364. trial, conduct of, 365. separate, 366. view by jury, 367. adjournment, 368. where title has changed, 369. adverse claimants, 370. infant or insane defendants, 371. judgment, effect of, 372. INDEX 417 (References are to Marginal Paragraphs.) LOCAL IMPROVEMENTS— Coniimied. order for possession, 373. appeal, proceedings pending, 374. deficiency, revised assessment, 375. improvements requested by majority of frontage, 377. sidewalks, forty days to owner to build, 377. ten days' notice, 377. special tax, not to exceed special benefits, 378. special assessment, 379. jurisdiction of courts, 380. petition 380. commissioner, appointment of, 381. apportionment between city and owners, 382. each parcel to be assessed separately, 383. assessment roll, 384. notices, by mail, 384. by posting and publication, 387. form, 387. affidavit, 384. division into installments, 385. objections, when to be filed, 389. ^ review by court, 390. legal objections, 391. trial by jury, 392. precedence for trial, 394. modifications by the court, 395, 393. land must be first acquired, 396. prior improvements of same kind no objection, 397. judgment, effect, 399. on all installments at one time, 398. lien on property assessed, 399. vacation of assessment after contract let, 399. new assessment, 400. no objection that work is completed, 401. suppl'emental assessment, 402. against delinquents, 403. roll certified by clerk, 404. warrant to collector, 406. * collector to give notice, 407. to demand payment, 408. payments to be entered, 408. report of delinquents, 409. prima facie evidence, 410. tax judgment, 411, 414. sale, 412. city may buy in, 416. penalty where assessment was paid, 413. money to be paid over, 414. contracts payable solely out of special funds, 417, 438 letting by bids, 418. to be let in ninety days, 419. when appeal will not stay, 419. advertisement, 420. bids, 420. acceptance, 421. notice to be published, 424. 418 INDEX (References are to Marginal Paragraphs.) LOCAL IMPROVEMENTS— CoH/m«eJ. owners may take contract, 425. contract to be let, 426. bond required, 427. power of board of local improvements over the work, 428, 430. may appoint inspectors, etc., 428. report on completion of work, 429. hearing, 429. rebates, 429. bonds to anticipate installments, 431. to be issued at par, 432. interest on, 440. retirement of, annually, 386. assessment may be paid in, 434. voucher for 1st installment, 433. payments as work progresses, 439. rebates, 44 L expenses and costs, how paid, 442. appeals, may be joint or several, 443. writs of error, 444. cities joining in local improvement, 446. repeal of other act, 448. LOITERING ORDINANCES. in hallways of theaters, 577. of children on streets at night, 665, 800. about depots, 794. about schools, 799. about churches, 798. of prostitutes .on street, 801. LOTTERIES laws. power to suppress, 52, 45th clause. ORDINANCES. prohibited, 802. . slot machines, 787. LUMBERYARDS laws. power to license, 52, 91st clause. to prohibit in fire limits, 52, 93d clause. ORDINANCES. prohibited inside fire limits, 67 L LUNG TESTERS ordinances. license required, 569. MALFEASANCE laws. in office, punishment for, 22 L MALICIOUS MISCHIEF ordinances. injury to equipment of fire department, 678. running over hose with cars or vehicles, 679. meddling with fire hydrant, 682. injury to fire alarm, 683. public library, 929 to 932. to any public library, 803. unnecessary throwing of water from fire hose, 680 MALICIOUS SUITS ordinances. costs may be taxed against complainant, 918. INDEX 419 (References are to Marginal Paragraphs.) MANURE ORDINANXES. nuisances, enumerated, 818. storing in alleys, restrictions, 996. MARKETS LAWS, power over, 52, 49th clause. ORDINANCES. under control of committee on markets, 948. MATRON, POLICE laws. appointment, salary and duties, 110. MAYOR LAWS. . qualifications and term, 1. vacancy in office, how filled, 2, 3. pro tem, 4. office vacated by removal from city, 5. to preside at city council, 6. casting vote in case of tie, 6. power to remove appointive officers, 7. a peace officer, 8, 13, 16, 101. may release prisoner, report to council, 9. general duties, 10, 11. messages to the council, 12. may call out militia, 13. misconduct in office, 14. power to veto, 34. may call special election where no quorum in office, 50. may send police into adjoining territory in case of riot, 68. bond not to be less than $3,000, 93. compensation not to be changed, 102. not to hold other office, 98. has power to administer oaths, 107. power to determine vacancy of appointive office, 113. warrants to be signed by him, 124. to join in conveyance of property, 214. not to be interested in contracts, 216. not to act as attorney to procure contracts, 216. appointment fire and police commissioners' board, 247 trustee of relief funds, 269. appointment library board, 330. member of board of local improvements, 347. commissioner, 355. affidavit of ownership, 361. plumbers' board, appointment of, 483. ORDINANCES. to sign licenses for amusements and shows, 574. proclamation to muzzle dogs, 593. cigarette licenses, 655. order removal of building in conflagration, 672. liquor licenses, 715. licenses for auctioneers, etc., 747. appointment of officers, 825-895. bond, 827. compensation, 843. to appoint examining board of plumbers, 859. head of police department, 896. special police, 902. directors of library, 928. 420 INDEX (References are to Marginal Paragraphs.) MAYOR~Co)jlinued. standing committees, 947. to enforce rules of order, 95 1 . MAYOR PRO TEA! laws. during temporary absence, council may appoint, 4. MEATS LAWS, power to regulate sale of, 52, 50th clause, inspection, 52, 53d clause. ORDINANCES. diseased and unwholesome, 698. MECHANICS' LIENS laws. for public improvements, duty to withhold funds, 449. MEETINGS ORDINANCES. of the council, time of holding, 944. special, how called, 944. committees, time of holding, 949. officers required to attend, 951, rule 27. MERCHANDISE BY WEIGHT, 1017. METERS, INSPECTIOxN OF, 760 to 766. MILITIA LAWS. majr be called out by mayor, in case of riot, etc., 13. MINORS ORDINANCES. loitering on streets, at night, 665-800. in saloons forbidden, 731. climbing on cars prohibited, 774. loitering about churches, 798. loitering about schools, 799. not to drink in saloons, 729. skating rinks, 572. MOBS, DAMAGES BY laws. city liable for three-fourth damages, 230. action, how bought, 231. defenses, 232. action over against participants, 233, 234, 236. lien of judgment, 233. notice, 235, 238, 239. limitation of action, 235, 237. MONEY laws. of the city not to be appropriated except for corporate purposes, 52, 2d clause, power to borrow, 52, 5th clause. temporarily in case of emergency, 116. fines and licenses to be paid to treasurer, 58. semi-annual, of all collected, 104. treasurer to receive and keep account of, 118. treasurer to give receipts 120. treasury' to render monthly statements, 121. to deposit funds separately from his own, 122. annual report, 123. shall not be paid out except on warrant 124. special assessment funds, distinct, 125. when none on hand, no warrant shall be drawn, 126. collected by city collector, 134. reports of, 135. not to detain, 136. INDEX 421 (References are to Marginal Paragraphs.; MONEY— Contmued. to take receipt of treasurer, 137. withholding from successor, 228. ORDINANCES. monthly report of the amounts collected, 832. duties of treasurer, 836. city collector, 837. annual report of all officers, 842. police magistrate to turn over to treasurer, 920. quarterly report, 920. MOVING HOUSES ordinances. on streets in fire limits, prohibited, 999. permits for, 999. bond, 999. notice to fire department, 998. license, 707 to 714. MATRON, POLICE laws. power to appoint, duties, etc., 110. MAGISTRATE, POLICE laws. election, term of office, etc., 108. jurisdiction for violation of ordinances, 60. ordinances. procedure before in case of animals impounded, 583, 584. gaming implements, 788. dilapidated buildmgs, 647. wooden buildings in fire limits, 646. MUNICIPAL OWNERSHIP laws. street railways, 450 to 455. NAME laws. of street, may be changed, 52, 23d clause. NIGHT CAPTAIN ordinances. appointment, term, etc., 825. oath and bond, 826, 827. salary, 843. general duties, 898. NOISES LAWS. power to prevent and suppress, 52, 7 2d clause. ordinances. disturbing peace by, 780, 781. firing cannon, etc., 784. NON-RESIDENT laws. not to hold office, 95. not to be policeman, 109. ordin.\nces. notice to, in case of owners of animals impounded, 583. wooden buildings in fire limits, 646. dilapidated buildings, 647. gaming implements, 788. of county, not to have license to sell intoxicating liquor, 724. not to be surety on liquor bonds, 722. NOTICE ordinances. of impounding animals, 583. sale, 585. of contests, 668. 422 INDEX (References are to Marginal Paragraphs.) NOTICE — Continued. to owner of gaming implements to be destroyed, 788. of contagious disease, 693. to abate nuisances, 820. for removal of dilapidated buildings, 647. of damaged wooden building in fire limits, 646. to fire department of house being moved, 998. of revocation of dram shop license, 735, 736. NOXIOUS WEEDS ^ ordinances. a nuisance, 818, 7th clause. NUISANCES LAWS. power to define, abate and punish for creating or continuing, 52, 75th clause, drain ponds, etc., on private property, 52, 40th clause, pig-sty, privy, etc., 52, 84th clause. ORDINANCES. building erected contrary to building ordinance, 600. lumber yards, planing mills, etc., in fire limits, 671. scavengers to avoid, 704. not to be committed at dumping-ground, 705. spitting, 701. livery stable in residence blocks, 758. bill-boards, 771. enumeration of, 818. whose duty to abate, 819. notice, 820. city may abate, 821. penalty, 822. removal of dead animals, 823. sanitary regulations as to privies, etc., 824. dilapidated buildings, 647. NUMBERING HOUvSES laws. power to regulate, 52, 22d clause. ORDINANCES. how given, and how changed, 977. OATHS LAWS, all ofificers'must take official oath, 93. mayor and clerk may administer, 107. ORDINANCES. form of for all city officers, 826. OBSCENITY LAWS. power to prohibit sale of books, etc., 52, 45th clause. ORDINANCES. by books, pictures, etc., 804. figures, words, etc., 805. indecent exposure of person or animal, 795. conduct, language, etc., 776. OBSTRUCTIONS ordinances. of aisles in public halls by chairs, forbidden, 576. of streets at fires, 681. in saloon windows after hours, forbidden, 727. ■ OFFAL ORDINANCES. "M depositing of, a nuisance, 818. * in vicinity of North Fork, near water supply, 706. INDEX 423 (References are to Marginal Paragraphs.) OFFICERS LAWS. appointed, may be removed by the mayor, 7. elected, general election, 39. what officers to be elected, 40, 90. special elections, to fill vacancy, 51. relations between may be fixed by council, 52, 71st clause. council may provide for appointive officers and prescribe duties, 92. vacancies in appointive office, how filled, 92. term not to exceed two years, 92. appointive office may be discontinued, 91. oath, 93. bond, 93. to be filed with whom, 93. commission, 94. all effects to be delivered to successor, 94. qualifications, 95. not to be interested in contracts, 96. not to hold other offices, 98. compensation not to be changed, 104, 105. semi-annual report of all moneys, 104. compensation, taking more than the percent fixed, 106. non-resident not to be policeman, 109. resignations to city council. 111. what cause for declaring office vacant, 112. who may appoint subordinates, 143. in care of annexation of city or village, 158. corrupt practices, of, 215 to 229. withholding funds, penalty, 228. withholding records for successor, 229. destroying or mutilating records, 229. appointment of, under board of police commissioners, 250. when new official bonds may be required, 456. when effects to be turned over to surety, 459. cost of furnishing security on official bond, 460. ORDINANCES. election officers, 666. fire department, 672 to 675. health department, 686. buildings, 648. police department, 895. appointive, terms of, 825. condition of bonds, 828. commission, 830. new bonds, 831. not to be surety on official bonds of others, 829. not to contract without prior authority, 661. to render monthly account of all moneys, 832. records to be open to inspection, 833. absence without leave forbidden, 834. annual reports, 842. salaries, 843, 844. not to be paid when absent from duty, 845. OFFICIAL BONDS (See also Officers.) LAWS. conditions, security, etc., 93. when new bonds required, 7,456. 424 INDEX (References are to Marginal Paragraphs.) OFFICIAL BONDS— Contimied. effect of new bond, 458. not to release sureties for prior default, 457. to be acknowledged, 456. cost of furnishing securities upon, 460. ORDINAN'CES. no officer to be surety for another, 829. amount of bonds, 827. form of condition, 828. new bonds, 831. OFFICE (See also Officers.) LAWS. vacancy by removal from city, 5. failure to qualify ten da^^s after notice of election, causes a vacancy, 49. . when it becomes vacant, 112. who determines vacancy, 113. OILS LAWS. to regulate storage of petroleum, etc., 52, 65th clause. ORDINANCES. not to be drawn by lamplight, 669. not to saturate floors, etc., 669. waste saturated with, etc., 669. storage of' over five barrels, 818, 11th clause. OPENINGS IN STREETS laws. to regulate for gas, etc., 52, 13th clause, consent of owners, 84. ORDINANCES. in paved streets, regulations, permit required, 978, 980. other streets, 979, 980. for sewers and drains, 956. safeguards, 982. ORDINANCES laws. yea and nay vote on passage of, 29. majority of all members elected is required to pass same, 29. mayor may approve or veto, 34. to pass over veto requires vote of two-thirds of all members elected, 35. take effect if not signed or vetoed by next regular meeting after five days, 34. style of, 54. publication, 55. when to take effect, 55. proof of, in book form, 56. by certificate of clerk, 56. suits for violations, 57. imprisonment for violating, 59. record of, 100. indorsements ofv passage and publication, 100. certified copies as evidence, 100. fiscal year, fixed by, 114. annual appropriation, 116, 115. duties of clerk transferred to comptroller, 139, tax on insurance companies, 244-246. annual tax levy, 505. census, ordinance for taking, 514. annexing territory, 144. one city or village to another, 145. INDEX 425 (References are to Marginal Paragraphs.) ORDINANCES—Contimied. disconnecting territory, 154. for sale of property, 212, 213. for local improvements, 345, 346. where land is taken, 354. division into installments, 385. costs, how to be paid, 442. municipal ownership of street railways, 450 to 455. special fund for parks and boulevards, 461. vacating streets, 476. establishing pleasure drive- ways, 478. plumbing regulations, 485. contracting for sewerage with adjoining city, 496. sidewalks, 497 to 504. sewerage fund tax, 522. sewerage and light fund tax, 523. fix water rates, 528, 545. for acquiring water works, 549. ORDINANCES. when to take effect, 847. penalties reserved, 848. construction of, 849. genera] penalty, 850. clerk to publish and record, 835. ordinances must be referred to committee, 948. yeas and nays to be called, 951, rule 19. PACKING HOUSES laws. direct location, etc., 52, 81st clause. ORDINANCES. location in citj' or within one mile, prohibited, 818, 9th clause. PARKS LAWS. to lay out, iinprove, etc., 52, 7th clause, special fund for, 461 to 463. ORDINANCES. committee in charge of, 851. regulations as to, 852. custodians, 853. PARTITION FENCES laws. power to regulate, 52, 60th clause. PARTY WALLS laws. power to regulate, 52, 60th clause. PATROL WAGONS laws. uncovered not to be used, 464, 465. PAWNBROKERS laws. power to tax, license, suppress and prohibit, 52, 41st clause ordinances. license, required, 747. fees, 749. revocation, 755. when to expire, 756. bond, 752. record of property bought or taken on pledge, 753, 754. penalties, 757. report to chief of police, 754. 426 INDEX (References are to Marginal Paragraphs.) PEDDLERS LAWS. power to tax, and suppress, 52, 41st clause, soldier may sell without license, 75. so may farmer, 74. ORDINANCES. license required, 749, 750. revocation, 755. when to expire, 756. penalties, 757. license and badge to be displayed, 751. PENALTIES LAWS, ordinance imposing, to be published, 55. suits for, instituted where, 57. imprisonment may be part of, 59. not to exceed §200, fine and six months' imprisonment, 59. commitment may be to house of correction, 72. ORDINANCES. general penalty, where no other is given, 850. not released by passage of this ordinance, 848. PENSION L.\ws. pension, police, 293, 304. PERMITS ORDINANCES. building, 649. fees, 650. repairs, 638. use of street or sidewalk, 633. burial, 688. druggists, 739. location of livery stabie, 758. plumbing, 872. house moving, 999, 707 to 714. opening streets, 978, 979. sewer connections, 956. removal of sidewalks, 960. PETROLEUM (See Oils.) PHYSICIANS ORDINANCES. duty to give death certificate, 689. to report contagious diseases, 690. to prevent spread of contagion, 697. PIG PENS ORDINANCES. suffering to become offensive, 818, 2d clause. not to be located within twenty-five feet of residence, etc., 818, 8th, 14th clause. PIN ALLEYS (See Ball Alleys.) PITCH ORDINANCES. not to be boiled in proximity to building, 669. PLANING MILLS ordinances. prohibited inside the fire limits, 671. PLATS laws. council may require submission, before recorded, 512 must set forth streets, etc., 466. certificate of .surveyor, 467. acknowledged by owner, 467. dedication of streets, 468. corner stone must be planted, 469. INDEX 427 (References are to Marginal Paragraphs.) PLATS — Continued. penalty for non-compliance, 470, 475. vacation ot plat, 471. of part of plat, 472. cancellation of record, 473. highways to be platted, 474. vacation of streets, 476. rights of adjoining owners, 477. ORDINANCES. additions to correspond to existing streets, 854. must be submitted to council, 855. certificate of approval, 856. penalty, 857. PLEASURE DRIVE-WAYS laws. may be established on not to exceed two streets, 478. petition of owners required, 478. travel on, may be regulated, 480. PLUMBERS LAWS. must have certificate, 481, 486. examinations, 482, 484. appointment of board of examiners, 483. meetings of board, 484. fees for licenses, 484. ORDINANCES. certificate required to engage in business, 858. renewal of, 864. examining board, 859. quorum, 860. meeting, 863. examinations, 861. fees for, 862. PLUMBING LAWS. may make regulations concerning, 485. ORDINANCES. plumbing inspector, 865. qualifications, 866. duties and powers, 867, 868, 869. fees for inspection, 870. certificate, 871. permit required, 872. fees for issuing, 873. standards, 875. house drainage, sewer connections, 876. material and slope, 877. inspection, 878. iron pipes, 879, 882. soil pipes, and waste pipes, 880, 881. traps, 883. wiped joints, 884. lead pipes, 885. overflow and drip pipes, 886. sub-soil pipes, 887. drain connections, 888. fixtures, 889. water closets, 890, 891. 428 INDEX (References are to Marginal Paragraphs.) PLUMBING — Continued. closure of openings, 892. testing work, 893. penalties, 894. PLUMBING INSPECTOR ordinances. appointment, term, etc., 825, 865. bond, 827, 828. salary, 843. qualifications, 866. duties and powers, 867. inspections, 868. certificates of, 87 L plats, 869. to issue permits, 872. to keep record of all sewer connections, 956. POISONS ORDINANCES. must be plainly labeled, 703. sellers must ascertain if to be used for legitimate purpose, 703. not to be sold to persons under fourteen years of age, 703. POLES LAWS. not to be erected on street without consent, 84, 85. ORDINANCES. unused to be removed, 995. POLICE LAWS. council may regulate, 52, 66th and 68th clauses, shall be conservators of the peace, lOL constable or sheriff may serve process, 61. have common law authority of constables, 101. non-resident not to be appointed, 109. may go into adjoining city to suppress riot, etc., 68. not to furnish licjuor to prisoner, 223. pension fund, 293, 304. ORDINANCES. duties as to impounding animals, 579. prohibited from purchasing at sale, 587. to serve health notices, 820. as to dilapidated buildings, 647. bonds, 827. salaries, 843. chief of poHce, 897. night captain, 898. desk sergeant, 899. turnkey, 900. patrolmen, 901. special police, 902. temporary police, 902. power to arrest, 903. search warrant, 904. neglect of duty, 905. causes for removal, 907, 908. Ji treatment of prisoners, 909. M trial of offenders, 910. m prisoner drunk, 911. arrest at night or on Sunday, 912. bail, 913. INDEX 429 (References are to Marginal Paragraphs.) 'POLICE—Continued. statement to be filed, 914. arrest without warrant, 915. police as witnesses, 916. falsely personating, 921. resisting officer, 922. rescuing prisoner, 923. drinking on duty, 90S. vacation of, 927. Salary while disabled, 906. rearrest of escaped persons, 924. posse comitatus, 925. uniforms, 926. POLICE DISTRICT laws. territory of adjoining city, is within, 67. police may go into, to suppress riot, etc., 68. POLICE MAGISTRATE laws. election, term of office, etc., 108. jurisdiction in city cases, 60. ORDINANCES. procedure in case of animals impounded, 583, 584. gaming implements seized, 788. wooden buildings in fire limits, 646. dilapidated buildings, 647. trial of offenders for violating ordinances, 910. bail, 913. statement to be filed with, 914. jury and witness fees to be taxed as costs, 917. malicious suits, 918. judgment may include commitment, 919. all fines collected to be paid to treasurer at once, 92C. quarterly report to council, 920. POLICE MATRON laws. power to appoint, duties, etc., 110. salaries to be fixed, 110. POLO RINK ORDINANCES. license required, 571. PORTERS AND RUNNERS laws. power to regulate and restrain, 52, 42d and 43d clause^; POUNDS ordinances. shall be in charge of chief of police, 581. animals at large may be impounded by police, 579. or any private citizen, 580. pound fees, 588. breaking pounds, etc., 591. record of animals impounded, 581. POWDER (See Explosives). PRIMARY ELECTIONS law governing, 38. PRINTING LAWS. may be let by contract, 52, 94th clause. ORDINANCES. ' committee on printing to advertise for bids, 664. 430 INDEX (References are to Margiual Paragraphs.) PRIvSONERS LAWS, not to be furnished liquors, 223. may be detained over night or Sunday for trial, 101. ORDINANCES. treatment of, in custody, 909. trial, 910. prisoner drunk, to be confined until sober, 911. arrested at night, detained until morning, 912. bail, 913. commitment labor, 919. rearrest of escaped, 924. PRIVIES LAWS. power to compel cleaning, etc., 52, 84th clause, to direct location, 52, 84th clause. ORDINANCES. scavenger work to be done in the night time, 704. dumping grounds, 705. foul or offensive, a nuisance, 818, 4th clause, sanitary regulations, 824. vaults not to be used inside fire limits, 824. PRIZE FIGHTING ordinances. penalty for participating in, 807. attending, etc., 807. permitting, 807. , PROPERTY LAWS. of the city controlled by the council, 52, 1st clause, when no longer needed may be sold, 212. ordinance must specify location, etc., 213. sold on sealed bids, 213. sixty days' notice, 213. three-fourths vote required, 213, 214. conveyance to be made by mayor and clerk, 214. title not to pass until price is paid, 214. PROSTITUTES laws. power to restrain and punish, 52, 74th clause. ordinances. loitering on streets, 801. inmates of bawdy house, 793. not to be permitted in dram shop, 728. leasing premises for prostitution, 797. PROVISIONS LAWS, power to regulate sale of, 52, 50th clause. inspection, 52, 53d clause. ordinances. sale of unwholesome, prohibited, 699. benches containing for exhibition on sidewalk must be two feet high, 974, 975. sold by weight, 1017. PUBLICATION LAWS, of ordinances, fixing penalty, 55. making appropriations, 55. in book form, 56. PUBLIC BUILDINGS laws. city may erect, 52, 86th clause. engine houses, etc.,. 52, 64th clause, doors to open outward, 488-489, \ INDEX 431 ' (References are to Marginal Paragraphs.) PUBLIC hVlLDlNGS— Continued. mayor may close for violations of requirement, 490. ORDINANCES. churches, theaters, etc., building regulations, 637. PUBLIC LIBRARY (See Library). PUBLIC SERVICE CORPORATIONS ordinances. where charges are fixed, excessive rates forbidden, 934. PUNISHMENT (See Penalty). QUARANTINE laws. jurisdiction extends half mile beyond limits, 32. all regulations for suppression of disease, 52, 78th clause. ordinances. may be established by commissioner of health to prevent spread of con- tagious disease, 693. wilful disobedience of regulations, 693. QUORUM LAWS. consists of a majority of all members elected, 24. minority may compel attendance, 24. call special election, if necessary, 50. majority of all elected required to pass ordinance, 29. RAILROADS laws. may be required to change grade of crossing, etc., 52, 25th clause, fence right of way, 52, 26th clause, construct and repair crossings, 52, 26th clause, flagmen, etc., 52, 27th clause, 82. sewers, etc., under track, 52, 27th clause. can be located in streets only on petition, 52, 90th clause, notice of application, etc., 52, 90tli clause, police power reserved, 52, 90th clause, speed of cars, may be regulated, 52, 21st clause, 81. street may be extended across, 52, 89th clause. ordinances. minors not to climb on cars, 774. speed of trains limited, 935. obstruction of crossings, 936. unnecessary whistling forbidden, 937. required to construct and maintain approaches, 938, 939. lights required on trains, 940. gates required at certain crossings, 942. flagmen at certain crossings, 941. REAL ESTATE (See Property.) RECONSIDERATION laws. ^ ' vote not to be reconsidered at special meeting, except, 30. after veto, vote shall be reconsidered, 35. RECORDS laws. city clerk to keep, 99, 100. transcripts from, are evidence, 99. city collector to keep, 134, 135. of treasurer, 118 to 123. of bonds issued, 140. withholding from successor, penalty, 229. mutilation of, 229. ordinances. poundkeeper, 581. 432 INDEX (References are to Marginal Paragraphs.) RECORDS— Contitiued. licenses issued, 574, 741. fire chief, 672. commissioner of health, 686. of all city officers to be open to inspection, 833. to be kept by city clerk, 835. of treasurer, 836. of city collector, 837. of city engineer, 841. REFERENDUM on bond issued, 129. RELIGIOUS ASSEMBLY ^ ordinances. penalty for disturbing, 778. boys loitering about churches, 798. REMOVAL OF OFFICERS laws. by the mayor, of appointive, 7. office becomes vacant by removal from the city, 112. REPAIRS TO BUILDINGS (See also Buildings). ORDINANCES. conditions of making, 638. not permitted inside the fire limits, where wooden building is depreciated, 50 per cent. 646. permit, 649. REPEAL ORDINANCES. of all ordinances in conflict herewith, 847. REPORTS OF COMMITTEES laws on request of two members of council, action must be deferred, 31. ORDINANCES. on license on liquor applications, 720. on finance, 948. on ordinances, 948. on claims, 948. to be in writing and returned by next regular meeting, 951, rule 21. action to be deferred at request of two members, 951, rule 22. all propositions involving expenditures of money must be referred to a com- mittee and reported on, 951, rule 24. REPORTS OF OFFICERS ' laws. of mayor on removal of appointive officer, 7. to State Board of Arbitration in case of strike, 16. of treasurer, to be made monthl}^ under oath, 121. . what to contain, 121. annual, to be published, 123. of collector, what to contain, 134, 135. annual to be published, 134. to county treasurer of delinquent assessments, 409. finance committee to settle all controversies over accounts, 142. of fire and police commissioners, annual, 259. ' of library board, what to contain, 334. of city cierk to county' treasurer on delinquent sidewalk tax, 500. ORDINANCES. monthly reports required of all officers collecting money, 832. also an annual report, 842. poundkeeper, 581. fire chief, 672. commissioner of health, annual, 687. I 4 INDEX 433 (References are to Marginal Paragraphs.) REPORTS OF OFFICERS— Continued. city clerk, 835. treasurer, 836. collector, 729, 837. city attorney, 838. corporation counsel, 839. electrician, 840. engineer, 841. plumbing inspector, 867. chief of police, 897. police magistrate, 920. directors of library, 928. all financial reports to be audited by finance committee, 948. RESISTING OFFICERS ordinances. penalty for the offense, 922. RESOLUTIONS ordinances. may be withdrawn by consent, 951, rule 11. name of member offering to be put on journal, 951, rule 18. on request must be reduced to writing, 951, rule 10. RIOT LAWS. power to suppress, 52, 72d clause. ROLLER SKATING ordinances. license required, 571. minors prohibited, 572. RULES LAWS. council may adopt, 52, 98th clause. ORDINANCES. enumerated, 951, rules 1 to 27. must be suspended to place ordinance on passage without reference to a committee, 948. may be suspended by two-thirds vote, 951, rule 26. may be prescribed in fire department, 672. in police department, 897. RUNNERS LAWS. for public houses, etc., to license and restrain, 52, 43d clause. SALARIES LAWS, not to be changed during term, 104, 105. of aldermen, not to exceed $3 per meeting, 103. on per cent, basis not to exceed $5,000 per annum, 106. penalty for taking more than legal rate, 226. ORDINANCES. of city officers, amounts, 843. payable semi-monthly, 843. of aldermen, 844. not to be paid when absent from duty, 845. except in case of policemen, disabled, 906. SALOONS (See Intoxicating Liquors). SALOON DISTRICTS ordinances. limits prescribed, 737. SCALES LAWS. power to regulate weighing, 52, 54th clause. ordinances. license required to keep for public weighing, 749, 1013. bond, 749, 1013. 434 INDEX (References are to Marginal Paragraphs.) SCALES— Continued. duty to keep record in ink, 1014. maximum charges, 1015. false weights, penalty, 1012. SCAVENGERS ordinances. license required, 704. . fees, $10 per annum, 704. bond, S500, 704. under supervision of commissioner of health, 704. regulations as to manner of doing work, 704. maximum prices, 704. use of dumping-ground, 705. SEAL LAWS, shall be kept by clerk, 99. papers attested by, competent evidence in court, 99. ORDINANCES. form and inscription, 946. city clerk is the keeper, 835. SEARCH WARRANT ordinances. officer to obtain for stolen property, etc., 904. for gaming implements, 788. SECOND-HAND DEALERS laws. power to tax, license and regulate, 52, 95th clause. ordinances. license required, 749. bond, 752. revocation, 755. penalties, 757. purchase from minors, 808. SEWERS AND DRAINS laws. powers relating to, 52, 29th, 57th, 84th clauses. to construct under R. R., 52, 27th, 89th clauses, may contract with adjacent city, 495 sewerage fund tax, 522. sewer and light fund tax, 523. by special assessment, 491, 492, 493. outlet for drains, 494. ORDINANCES. each house to be separately connected, 876. manner of construction and materials, 877 to 879. water closets, 890. outdoor closets, 891. in fire limits, no privies to be used, 824. drain connections, 888. sanitary sewers, use of, 952. surface sewers, 954. no connection, without permit, 955. connections, how made, 956. record kept by plumbing inspector, 956. access for inspection, 957. weights and excavations prohibited, 958. in opening trenches, for, permits, etc., 956, 978, 979, 980, 982. permitting same to become offensive, a nuisance, 818, 4th clause, under sidewalks to be securely boxed, 963. INDEX 435 (References are to Marginal Paragraphs.) SHOOTING GALLERIES ordinances. license required, 570. SHOWS ORDINANCES. license required, fees and classes, 566. SIDEWALKS LAWS. powers relating to, 52, 7th, 14th, 16th, 20th clauses, under local improvement act, notice of ordinance, 377. owner may build in forty days, 377. resolution, etc., unnecessary, 348. under sidewalk act, 497. notice of contract to be published, 503. owner may build in thirty days, 498. in default, city may build, 498. bill of cost, 499. special tax list, 499. warrant, 499. clerk to return delinquent list, 500. county treasurer to obtain judgment, SOL ORDINANCES. space under, permit for use of, etc., 632, 967. use of sidewalk while building, 633. spitting on, prohibited, 701. loitering on, about churches, etc., 798. uniformity of grade and line in construction, 959. not to be torn up without permission, 960. standard specifications, 961. drains across, 963. obstructing or driving on, 964, 966. gates not to swing over, 965. encroachment of buildings prohibited, 968. cellar ways adjoining, to be guarded, 969. hitching posts prohibited on certain streets, 970. awnings, 971. signs, 972. painting upon, 973. obstruction of by merchandise, 974. provisions to be placed on tables, 975. banana peelings, etc., 976. excavations under not to be left open at night, 982. SIGNS LAWS, power to regulate, 52, 17th, 19th clauses. ORDINANCES. not to extend from building, over three feet, 972. to be securely fastened, 972. not to creak, 972. SKATING RINKS ordinances. license required, 571. minors prohibited, 572. SLAUGHTER HOUSES laws. power to direct location of, 52, 81st, 83d clauses. ORDINANCES. location in city prohibited, 818, 9th clause, nuisance, 818, 1st clause. SLING SHOTS ordinances. penalty for using or having in possession, 809. 436 INDEX (References are to Marginal Paragraphs.) SLOT MACHINES ordinances. prohibited as gaming devices, 787. SOAP FACTORIES laws. power to direct location of, 52, 81st clause. SOLDIER may peddle without license, 75. SPECIAL ASSESSMENTS (See Local Improvements). SPECIAL ELECTIONS laws. may be held, 51. minority may call, in case there is no quorum, 50. SPECIAL ORDINANCES: electric light, 1018 to 1022. Clay St. vacated for C. I. & S. Ry., 1182 to 1183. gas, 1023 to 1029. heating, 1030 to 1042. INTERURBANS ordinance of 1902, 1071 to 1075. Danville, Paxton & Northern R. R., 1115 to 1127. Danville, Urbana & Champaign Rv., 1128 to 1139. South Danville line, 1146 to 1150." Western Brick Co. line, 1140 to 1145. STEAM RAILROADS opening Harrison st. across C. & E. I., 1164 to 1166. , opening Van Buren st. across Wabash, 1167 to 1170. Danville and Indiana Harbor, 1171 to 1181. vacating Clay st. for C. I. & S., 1182 to 1183. STREET RAILWAYS East Fairchild st. line, west of C. & E. I., 1093 to 1095. East Fairchild st. line east of C. & E. I., 1102 to 1114. Highlands -line, 1088 to 1092 and 1151 to 1163. Interurban ordinance of 1902, 1071 to 1075. Local ave. and Ellsworth Park line, 1076 to 1085. Loop ordinance, 1067 to 1070. Ordinance of 1891, 1043 to 1062. Releasing Douglas ave. line, 1086 to 1087. South Vermihon st. line, 1096 to 1098. West English st. line, 1099 to 1101. TELEPHONES American Telephone Co., 1184 to 1190. Vermilion Co. Telephone Co., 1191 to 1203. WATER Water Co. ordinance, 1204 to 1218. Water rates, 1209. SPECIAL POLICE ordinances. appointment, bond, oath, etc., 902. SPECIAL TAXES (See Local Improvements). SPITTING ORDINANCES. on sidewalks, etc., prohibited, 701. STABLES LAWS. power to regulate location, 52, 84th clause. ORDINANCES. not to be located near dwelling, etc., 818, 8tli clause. INDEX 437 (References are to Marginal Paragraphs.) STAGNANT WATER laws. Railroad Co. not to permit to stand on right of way, 52, 27th clause. drainage, etc., of ponds, 52, 40th clause. ORDINANCES. permitting same to stand on premises, 818, 6th clause. STEAM BOILERS laws. may inspect, and may license persons in charge of, 52, 67th clause, 78 to 80. STEAM HEATING ordinances. malicious injury to property of company, 803. franchise, 1030 to 1042. STOVES LAWS. power to prevent dangerous construction of, 52, 63d clause. ORDINANCES. in wood working shops, to be set in frame, 669. STREETS AND ALLEYS laws. power oyer, 52, 7th to 29th clauses, 89th, 90th clauses. numbering houses, 52, 22d clause. control of, reserved in grant to railroad, 52, 90th clause, amusements, etc., on, 52, 92d clause, to require flagmen at railroad crossings, 82. consent to lay pipes and string wires, etc., 84, 85. one-half road taxes, to be used on, 510. local improvements, 341 to 445. special boulevard funds, 461. plats, effect of as to dedication, 468. vacation of plats, effect upon, 471, 472. plats of highways to be made, 474. vacation of streets, 476. rights of adjoining owners, 477. pleasure driveways, 478 to 480. ORDINANCES. restrictions on use of, in fire limits for buildings under construction, 633. vehicles not to obstruct in vicinity of fire, 681. encroachment of buildings, upon, a nuisance, 818, 12th clause. depositing of offal, etc., 818, 5th clause. ashes, manure, etc., in alleys, 996. stable or pig-sty within fifteen feet of street, 818, 8th clause. city engineer to superintend work upon, 841. establish grades for, 841. in new plats to conform to those existing, 854. railroad companies to construct and maintain crossings, 938, 939. gates, 942. flagmen, 941. duties of committee on, 948. in opening trenches for sewers, permit, 956. numbering of buildings upon, 977. opening paved streets, restrictions, 978. other streets, 979. removing earth from, forbidden, 981. excavations to be guarded, 982. removing grade stakes, 983. rubbish on street, 984. backing, crossing and turning in street, 990 to 993. glass on street, 985. slops in streets, 818. 43.8 INDEX (References are to Marginal Paragraphs.) STREETS AND ALLEYS— Continued. obstructing by teams, 986. driving unhaltered horses upon, 987. trees to be kept trimmed, 988. teams not to stand in fire limits over thirty minutes, 989. mortar not to be mixed on paved streets, 994. dead wires and unused poles to be removed, 995. barbed wire fences, 997. buildings not to be moved upon, inside fire limits, 999. outside of fire limits, except by notice, 998. vehicles to observe law of the road, 1001. speed regulated, 1002. stands for hacks may be designated, 1000. STREET LIGHTS laws. power to provide for, 52, 11th clause. ORDINANCES. in charge of committee on lighting, 948.. malicious injury to, 803.. STREET RAILWAYS laws. council may permit use of streets, not to exceed twenty years, 52, 24th clause, restrictions on right to use streets, 52, 90th clause, municipal ownership, 450 to 455. ORDINANCES. malicious mischief to property of, 803. special ordinances granting franchises, see special ordinances, interurban. (See special ordinances.) SUITS (See Actions). SUNDAY ORDINANCES. keeping open, work, etc., 810. amusements on, 811. saloons to be kept closed, 732. SUPPLIES ORDINANCES. to be purchased on contract, 664. not to be ordered by officers without prior authority, 661. TAXES LAWS. power to levy for general and special purposes, 52, 3d clause. to levy for bonded debt and interest, 52, 5th clause. to repay temporary loan caused by emergency, 116. to be kept by treasurer in separate funds, 119, 125. warrants in anticipation of collection, 127. limitation to two per cent., 505. tax levy ordinance, 505. manner of collecting, 506. time of paying over, 507. uniformity, except as to local improvements, 509. one-half road and bridge tax belongs to city, 510. for indebtedness upon territon,' disconnected, 154. for payment of debts when territory' is annexed, 158. for library purposes, 328. for library bonds, 337. park and boulevard, 461,462. surplus fund, city's proportion of fund, 517. drawback, 518. rebate of in case of conflagration, 519, 520. INDEX 439 (References are to Marginal Paragraphs.) HKXES— Continued. refunding of illegal taxes, 521. special sewerage fund tax, 522. special sewerage and light fund tax, 523. on foreign insurance companies, 244, 246. for building and maintaining water works, 532. for water rents, 534. to pay for water under contract, 539. for purchase or lease of water works, 541. special fund for constructing water works, 555, 559. ORDINANCES. account of treasurer, 832. duty to keep separate accounts, 836. TELEGRAPHS laws. prevent use of streets for telegraph poles, 52, 17th clause, poles, wires, etc., not to be constructed without consent, 85. alterations may be required, 85. ORDINANCES. dead wires and unused poles to be removed from streets, 995. dangerous conditions to, be removed, 840. injury to property of company, 803. TELEPHONES laws. consent of city must be had, for use of streets, 85. location of poles, etc., may be changed, 85. ORDINANCES. dead wires, etc., to be removed, 995. electrician to examine dangerous conditions of wires, 840. malicious mischief to property of, 803. franchise to Long Distance Co., 1148, 1203. TEMPORARY POLICE ordinances. may be appointed by mayor, 902. to serve until next meeting of council, 902. bond, oath and salary, 902. THEATRES laws. power to regulate places of amusement, 52, 58th clause. license theatricals, etc., 52, 41st clause. ORDINANCES. license fees required for entertainments, 566. house license, 567. good order to be maintained, 575. special police, 575. no chairs in aisles, 576. loitering in lobbies, etc., prohibited, 577. building regulations, 637. stairways, exits, stage, standpipe, firemen, etc., 637. fire escapes, 629. TIE VOTE laws. in case of election, to be determined by lot, 48. casting vote by mayor, 6. TREASURER ^ ' laws. election of, biennially, 40, 90. not eligible to re-election, 40. fines and licenses to be paid to, 58. oath, 93. bond, double all estimated receipts, 93. i 440 INDEX (References are to Marginal Paragraphs.) TREASURER— Contimied. clerk's bond to be filed with, 93. , commission, 94. qualifications, 95. not to hold other office, 98. compensation not to be changed, 104, 105. unlawful to take excessive per centage, etc., 106. not to pay in excess of appropriations, 116. general duties of, 118. to keep separate accounts, 119. give receipts, 120. monthly statements under oath, 121. deposit of funds separate from his own, 122. keep register of all warrants paid, 121. annual report, 123. no money to be paid except on warrant, 124. special assessment funds distinct, 125. warrants illegal when funds exhausted, 126. after le\^ of tax, anticipation warrants limited to 75 per cent., 127. appeal to finance committee as to accounts, 142. may appoint subordinates, 143. receive tax on foreign insurance company, 244, 246. tax when collected to be paid tO; 506. to be paid over every two weeks, 507. when collected for particular purpose, 508. withholding funds, penalty, 228. ORDINANCES. general duties, 836. reports, monthly, 832. annual, 842. salar}^ 843. • bond, 827. TREES LAWS. to plant on streets, etc., 52, 8th clause. ORDINANCES. in parks, not to be 'injured, 852. to be trimmed ten feet above sidewalk, 988. malicious injury to, on library property, 929. trespass to, on private propertj^ 812. TRESPASS ORDINANCES. on private premises, 812. TRIAL ORDINANCES. procedure, in case of animals impounded, 583. wooden building sought to be repaired, in fire limits, 646. destruction of gaming implements, 788. dilapidated buildings, 647. right of arrested person to a speedy trial, 910. prisoner drunk to be kept until sober, 911. arrested at night, or on Saturday, 912. j bail for appearance, 913. .fl costs to be taxed against malicious complainant, 918. * witness and jury fees, 917. statement to be filed, if the arrest was without a warrant, 914. INDEX 441 (References are to Marginal Paragraphs.) TURNKEY ORDINANCES. to be appointed, term, 825. oath, 826. bond, 827, 828. duties of, 900. UNLAWFUL ASSEMBLY ordinances. participating in, 813. permitting, 814. UNWHOLESOME BUSINESS laws. power to prohibit, 52, 83d clause. UNWHOLESOME PROVISIONS ordinances. milk, bread, butter, provisions, etc., 699. VACANCY laws. removal of mayor from city, vacates office, 5. if less than one year, filled by council, 3. if more than one year, by election, 2. in office of alderman, filled by election, 20. special elections, 50, 51. in other offices, 92. resignations, 111. when office becomes vacant, 112. VACATION OF STREETS laws. may be done by city council, 476. rights of adjoining owners, 477. by owner, on vacation of entire plat, 471. of part of plat, rights saved, 472. VACCINATION ordinances. in case of epidemic of small pox, 692. VAGABONDS laws. power to restrain and punish, 52, 74th clause, workhouse for confinement of, 52, 69th clause. ordinances. penalty for v&grants, 815. VAUDEVILLE SHOWS ordinances. license required, 566. VEGETABLES ordinances. sale of decayed or unwholesome, prohibited, 699. exhibited for sale on sidewalks to be placed on benches, 975. VEHICLES laws. power to regulate speed of, 52, 21st clause, to license hackmen, etc., 52, 42d clause. to prescribe compensation, 52, 42d clause. ordinances. to observe law of the road, 1001. speed limited, 1002. lights and horns on bicycles and automobiles, 1003. license required when kept for hire, 1004, 749. compensation prescribed, 1004. stands at depot, 1000. obstructing sidewalks, 964. streets, 986. in fire limits, 989. at fires, 681. running over fire hose, 679. 442 INDEX (References are to Marginal Paragraphs.) VEHICLES— Continued. bells and gongs jjrohibited, 769. backing, turning and crossing in street, 990, 991, 992, 993. VETO LAWS. may extend to one or more items, 34. to be returned by the next regular meeting, 34. passage over veto requires two-thirds vote, 35. •WAGES ORDINANCES. amount fixed for man and team, 663. WARDS • LAWS. number in accordance with population, 18. council may fix boundaries, 42. in case of annexation of territory, 158. ORDINANCES. boundaries fixed, 599. WARRANTS— CRIMINAL laws. may issue on complaint for violation of ordinance, 59. may be served by policeman, 101. ORDINANCES. office to procure where reasonable cause exists, 903. WARRANTS FOR MONEY laws. treasurer shall return canceled, 121. signed by mayor and clerk, stating appropriation, 124. not to be drawn when treasury empty, 126. in anticipation of 75 per cent, of tax levied, 127. to bear interest, when, 128. not to be shaved by city officers, 225. ORDINANCES. clerk to keep account of warrants drawn, 835. treasurer of those paid, 836. WATER AND WATER WORKS, laws. power to construct works, 528. to acquire property for, 529. make regulations governing, 530, 534. levy taxes, 530. power to unite with adjacent city, 531. punish pollution of source of supply, 533. power to construct by special assessment, 535. funds from water rates to be kept separate, 536. power to contract with company, 538. to lease or purchase, 540. borrow money, 541. right of eminent domain, 542, 543. punishment for interfering with, 544. power to fix rates, 545. additional powers, 546 to 564. ORDIN.\NCES. meddling with fire hydrant, 682. maHcious mischief to property of, 803. protection of supply, 706. excessive rates prohibited, 934. franchise to Danville Water Company, 1204, 1218. table of water rates, 1209. INDEX 443 (References are to Marginal Paragraphs.) WEIGHTS LAWS. power to regulate, as to coal, etc., 52, S-lth clause, 64. inspection of, 52, 55th, 56th clauses. ORDINANCES. standard weights, 1017. license for keeping scales, 1013. duties of weighers, records, etc., 1014. maximum charges, 1015. must conform to standards, 1017. coal, 1008 to 1012. WHOLESALE LIQUOR DEALER (See Intoxicating Liquors). WITNESSES ORDINANCES. officers to secure, 916. fees of, 917. WOODYARD ORDINANCES. prohibited in fire limits, 671. WOODEN BUILDINGS laws. may prescribe limits within which they shall not be built or repaired. 52, 62d clause. damaged fifty per cent, not to be repaired, 52, 62d clause, manner of ascertaining _damage, 52, 62d clause. ordinances. fire limits fixed, 641. erection prohibited, within fire limits, 642. conditions as to repairing, 646. permits to repair, 638. WORK-HOUSE laws. power to establish, 52, 69th clause, to sentence violators of ordinances, 59. , YEAS AND NAYS laws. on restoration of officer, removed by mayor, 7. passage of all ordinances, 29. all propositions to create a liability, 29. appropriations, 29. request of any alderman, 29. passage of ordinance over veto, 35. ordinances. when to be taken, 951, rule 19. i