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THE CHARTER, 
 
 WITH THE AMENDMENTS THERETO, 
 
 REVISED 
 
 AND 
 
 OR 
 
 OF THE 
 
 CITY OF WARSAW, ILLINOIS; 
 
 WITH 
 
 I ' 
 
 AFFEMI>IX 
 
 CONTAINING GENERAL LAWS OF THE STATE, ETC., RELATING 
 
 TO THE CITY. 
 
 PUBLISHED BT AUTHORITY OF THS CITY COUNCIL OF THE CITY OF WARSAW. 
 
 WARSAW: 
 
 J, M ’ REE, PRINTER. 
 
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ORIGINAL CHARTER. 
 
 AN ACT TO INCORPORATE THE CITY OF WARSAW. 
 ARTICLE FIRST.— Of Boundaries and General Powers. 
 
 Section 1. Be it enacted by the people of the state of Illinois, 
 represented in the General Assembly, That the inhabitants of the town of 
 Warsaw, in the county of Hancock and State of Illinois, be and they are hereby 
 constituted a body politic and corporate, by the name and style of “ The City of 
 Warsaw:” and by that name shall have perpetual succession, and may have and use 
 a common seal, which they may change and alter at pleasure. 
 
 § 2. All that district of country embraced within the following boundaries, to 
 wi t: Beginning is the main channel of the Mississippi river, due west of the south 
 side of the southwest fractional quarter of section nine, township four north, range 
 nine west, in said Hancock county; thence up said river, along the middle of said 
 channel, to a point due north of the east line of the southwest quarter of section three 
 in said township ; thence south to the southeast corner of the southwest quarter of 
 section three; thence west to the centre of the south line of said quarter section ; 
 thence south to the southeast corner of the west half of the northwest quarter of 
 section ten, in said township ; thence east to the northeast corner of the southwest 
 quarter of said section; thence south to ft e south line of Wilson’s addition to the 
 town of Warsaw; thence west to the east line of English’s addition to said town ; 
 thence south to the south line of said English’s addition to said town; and thence 
 west to the place of beginning, is hereby declared to be within the boundaries of 
 said city of Warsaw. 
 
 § 3. The present board of Trustees of the town of Warsaw shall, on or before 
 the first day of March next, divide the said city of Warsaw into three wards, as 
 nearly equal in population as practicable, particularly describing the boundaries of 
 each. 
 
 § 4. Whenever any tract of land adjoining the city of Warsaw shall have been 
 laid off in town lots and duly recorded as required by law, the same shall be annex¬ 
 ed to and form a part of said city of Warsaw. 
 
 § 5. The inhabitant of said city, by the name and style aforesaid, shall have 
 power to sue and be sued, to implead and be impleaded, defend and be defended in 
 all courts of law and equity, and in all actions whatsoever; to purchase, receive 
 and hold property, both real and personal, in said city; to purchase, receive and hold 
 property, both real and personal, beyond the city, for burial grounds or for other 
 public purposes, for the use of the inhabitants of said city; to sell, to lease, convey 
 or dispose of property, real and personal, for the benefit of the city, and to improve 
 and protect such property, and to do^ all other thing.3 in relation thereto as natural 
 persons. 
 
4 
 
 ORIGINAL 
 
 CHARTHR, 
 
 ARTICLE SECOND .—Of the City Council 
 
 Section 1. There shall be a city Council to consist of a Mayor, and Board of 
 Aldermen. 
 
 § 2. The Board of Aldermen shall consist of two members from each ward, to 
 be chosen by the qualified voters for two years, and by general ticket, until other¬ 
 wise ordered by the city Council. 
 
 § 3. No person shall be an Alderman unless, at the time of his election, he shall 
 have resided six months"within the limits of the city, and shall be, at the time of 
 his election, twenty-one years of age, a citizen of the United States, and a resident 
 of the ward for which he is elected. 
 
 § 4. If any Alderman shall, after his election, remove from the ward for which 
 he is elected, his office shall thereby become vacated. 
 
 § 5. At the first meeting of the city Council, the Aldermen shall be divided by 
 lot into two classes. The seats of those of the first class shall be vacated at the ex¬ 
 piration of the first year, and of the second class at the expiration of the second 
 year, so that one-half of the Board shall be elected annually. 
 
 § 6. The city Council shall judge of the qualifications, elections and returns of 
 their own members, and shall determine all contested elections. 
 
 § 7. A majority of the City Council shall constitute a quorum to do business^ 
 but a smaller number may adjourn from day to day, and compel the attendance of 
 absent members, under such penalties as may be prescribed by ordinance. 
 
 § 8. The City Council shall have power to determine the rule of its proceedings, 
 punish its members for disorderly conduct, and, with the concurrence of two-thirds 
 of the members elected, expel a member. 
 
 § 9. The City Council shall keep a journal of its proceedings, and from time to 
 time publish the same ; and the yeas and nays, when demanded by any member 
 present, shall be entered on the journal. 
 
 § 10. No Alderman shall be appointed to any office under the authority of the 
 city which shall have been created, or the emoluments of which shall have been in¬ 
 creased during the time for which he shall have oeen elected. 
 
 § 11. All vacancies that shall occur in the Board of Aldermen shall be filled by 
 election. 
 
 § 12. The Mayor, and each Alderman, before entering upon the duties of their 
 office, shall take and subscribe an oath that they will support the Constitution of 
 the United States, and of this State, and that they will well and truly perform the 
 duties of their office to the best of their skill and ability. 
 
 § 13. Whenever there shall be a tie in the election of Aldermen, the judge of the 
 election shall certify the same to the Mayor, who shall determine the same by lot in 
 such manner as shall be provided by ordinance. 
 
 § 14. There shall he twelve stated meetings of the City Council in each year, at 
 such times and places as may he prescribed by ordinance. 
 
 ARTICLE THIRD.— Of the Chief Executive Officer. 
 
 § 1. The chief executive officer of the city shall be a Mayor, who shall be elect¬ 
 ed by the qualified voters of the city, and shall hold his office for one year, and 
 until his successor shall be elected and qualified. 
 
LEGISLATIVE POWERS OF THE CITY COUNCIL. 
 
 O 
 
 m 2. No person shall be eligible to the office of Mayor who shall not have been a 
 resident of the city for one year next preceding his election, or who shall be under 
 twenty-one years of age, or who shall not, at the time of his election, be a citizen 
 of the Uhited States. 
 
 § 3. If any Mayor shall, during the time for which he shall have been elected, 
 remove from the city, his office shall be vacated. 
 
 § 4. When two or more persons shall have an equal number of votes for Mayor, 
 the judges of elections shall certify the same to the City Council, who shall proceed 
 to determine the same by lot, in such manner as may be provided by ordinance. 
 
 § 5. Whenever an election of Mayor shall be contested, the City Council shall 
 determine the same in such manner as may, be prescribed by ordinance. 
 
 § 6. Whenever any vacancy shall happen in the office of Mayoi, it shall be filled 
 by election. , 
 
 ARTICLE FOURTH. — Of Elections. 
 
 § 1. On the first Monday of April next, an election shall be held in said city for 
 a Mayor for the city, and two Aldermen for each Wart; and forever thereafter, 
 on the first Monday of April ofeachyearj ihereshall bean election held for a Mayor 
 for the city, and one Alderman for each ward. The first election for Mayor and Al¬ 
 dermen shall be held, conducted and returns thereof made as may be provided by 
 ordinance of the present Trustees of the town of Warsaw. 
 
 § 2. All free white male inhabitants over the age of twenty-one years, who are 
 entitled to vote for state officers, shall be entitled to vote for city officers: Provided, 
 the City Council may at any time require by ordinance, that said voters shall give 
 their votes for Mayor and Aldermen in the wards m which they respectively reside, 
 and in no other ; and that no vote shall be received at any of said elections, unless 
 the person offering the same shall be at the time an actual resident of said ward. 
 
 ARTICLE FIFTH .—Of the Legislative Powers of the City Council . 
 
 § 1. The City Council shall have power and authority to levy and collect taxes 
 upon all property, real and personal, within the limits of said city, not exceeding 
 one-half of one per [cent, per] annum, upon the assessed value thereof, and may 
 enforce the payment of the same in any manner to be prescribed by ordinance, not 
 repugnant to the constitution of the United States or this state. 
 
 § 2. The City Council shall have power to appoint a Clerk, Treasurer, Assessor, 
 Marshal, Supervisors of Streets, and all such other officers as may be necessary. 
 
 § 3. The City Council shall have power to require of. all officers appointed in 
 pursuance of this charter* bond with penalty and security for the faithful perform¬ 
 ance of their respective duties, as rnay be deemed expedient; and also to require 
 all officers appointed as aforesaid, to take an oath for the faithful performance of 
 1h« duties of their respective offices before entering upon the discharge of the same ; 
 to establish, support and regulate common schools ; to borrow money on the credit 
 of the city : Provided, that no sum or sums of money shall be borrowed at a great¬ 
 er interest than six per cent, per annum, except for railroad and plankroad purposes, 
 
ORIGINAL CHARTER. 
 
 $ 
 
 as hereinafter mentioned, nor shall the interest on the aggregate of all the sums 
 borrowed and outstanding, ever exceed one-half of the city revenue arising from 
 taxes assessed on real property within the limits of the corporation, except for 
 railroad and plankroad purposes, as hereinafter mentioned. 
 
 § 4. To appropriate money and provide for the payment of the debt and expen¬ 
 ses of the city. 
 
 § 5. To make regulations to prevent the introduction of contagious disease* 
 into the city, and to make quarantine laws for that purpose, and enforce the same 
 within five miles of the city. 
 
 § 6. To establish hospitals and make regulations for the government of th« 
 *ame. 
 
 § 7. To make regulations to secure the general health of the inhabitants; to 
 declare what shall be a nuisance, and to prevent and remove the same. 
 
 § 8. To provide the city with water, to erect hydrants and pumps m the streets 
 for the convenience of the inhabitants. 
 
 § 9. To open, alter, abolish, widen, extend, establish, giade, pave, or otherwise 
 improve and keep in repair, streets, lanes, avenues and alleys. 
 
 § 10. To establish, erect and keep in repair bridges. 
 
 § 11. To divide the city into wards, alter the boundaries thereof, and erect addi¬ 
 tional wards, as the occasion may require. 
 
 § 12. To provide for lighting the streets and erecting lamp post3. 
 
 * § 13. To establish, support and regulate night watches, 
 
 § 14. To erect market houses, establish markets and market places, and to pro¬ 
 vide for the government and regulation thereof. 
 
 § 15. To provide for the erection of all useful buildings for the use of the city. 
 
 § 10. To improve and preserve the navigation of the Mississippi river within the 
 limits of the city, 
 
 § 17. To erect, repair and regulate public wharves and docks, to regulate th« 
 erection and repairs of private wharves and the rates of wharfage thereat. 
 
 § 18. To license, tax and regulate hackney carriages, wagons, carts and drays, 
 fix the rates to be charged for the carriage of persons, and for wagonage, cartage, 
 and drayage of property. 
 
 § 19. To license and regulate porters, and fix the rate of porterage. 
 
 § 20. To license, tax and regulate theatrical and other exhibitions, shows and 
 amusements. 
 
 § 21. To restrain, prohibit and suppress tippling houses, dram shops, gaming 
 ho uses, bawdy houses, and other disorderly houses. 
 
 § 22. To provide for the prevention and extinguishment of fires, and to organize 
 and establish fire companies. 
 
 § 23. To regulate or prohibit the erection of wooden buildings in any part of the 
 city. 
 
 § 24. To regulate the fixing of chimneys and fixing the flues thereof. 
 
 § 25. To regulate the storage of gunpowder, tar, pitch, rosin and other combus¬ 
 tible materials. 
 
 § 26. To'regulate and order parapet walls and partition fences. 
 
 § 27. to establish standard weights and measures, and regulate the weights and 
 measures to be used in the city, in all cases not otherwise provided for by law. 
 
 § 28. To provide for the inspection and measurement of lumber and other build¬ 
 ing materials, ami for the measurement of all kinds of mechanical work. 
 
 § 29. To provide for the inspection and weighing of hay and stoiia coal, the 
 
DUTIES 0^ TUK MAYOR. 
 
 measuring of charcoal, firewood and other fuel to be sold and used within the citj. 
 
 § 30. To provide for and regulate the inspection of tobacco, beef, pork, flour, 
 meal and whisky in barrels. 
 
 § 31. To regulate the inspection of butter, lard and other provisions. 
 
 § 32. To regulate the weight, quality ana price of bread to be sold and used in 
 the city. 
 
 § 33. To regulate the size of brick to be sold or used in the city. 
 
 § 34. To provide for taking enumerations of the inhabitants of the city. 
 
 § 35. To regulate the election of the city officers, and provide for removing from 
 office any person holding an office created by ordinance- 
 
 § 36. To regulate the police of the city, to impose fines, forfeitures and penalties 
 fur the breach of any ordinance, and provide for the recovery and apprehension of 
 such fines and forfeitures, and the enforcement of such penalties. 
 
 § 37. To fix the compensation of all city officers, and regulate the fees of jurors, 
 witnesses and others, for services rendered under this act, or any ordinance. 
 
 v> 38. The City Council shall have power to make all ordinances which shall be 
 necessary and proper for carrying into execution the powers specified in this act, so 
 that such ordinances be not repugnant to nor inconsistant with the constitution of 
 the United States, or this state. 
 
 § 39. The style of the ordinance of the city shall be: (i Be it ordained bt 
 the City Council of the city of Warsaw.” 
 
 § 40. All ordinances passed by the City Council shall, within one month there • 
 after, be published in some newspaper published in the city, and shall not be in 
 force until they shall have been published as aforesaid. 
 
 § 41. All ordinances of the city may be proven by the seal of the corporation, 
 and when printed or published in book or pamphlet form, and purporting to be 
 printed or published by authority of the corporation, the same shall be received in 
 evidence in all courts and places without further proof. 
 
 ARTICLE SI XT H.— Of Mayor. 
 
 § 1. The Mayor shall preside at all meetings of the City Council, and shall have 
 a casting vote, and no other. In case of non-attendance of the Mayor at any meet¬ 
 ing, the Board of Aldermen shall appoint one of their number chairman, who shall 
 preside at that meeting. 
 
 § 2. The Mayor or any two A.ldermen may call special meetings of the city council. 
 
 § 3. The Mayor shall at all times be active and vigilant in enforcingthe laws and 
 ordinances for the government of said city; he shall inspect the conduct of all sub¬ 
 ordinate officers of said city, and cause negligence and positive violation of duty to 
 be presented and punished ; he shall from time to time communicate to the Aldermen 
 such information, and recommend all such measures as in his opinion may tend to 
 
 the improvement of the finances, the police, the health, security, comfort and orna¬ 
 ment of the city. 
 
 § 4. He is hereby authorised to call on every male inhabitant of said city over the 
 age of eighteen years, to aid in enforcing the laws and ordinances, and in case of 
 riot to call out the malitia, to aid in suppressing the same, or in carrying into effect 
 any law or ordinance, and any person who shall not obey such call shall forfeit to 
 the said city a fine not exceeding live dollars. 
 
s 
 
 original Charter. 
 
 § 5. He shall have power, whenever he may deem it necessary, to require of any 
 officer of said city an exhibit of his books and papers. 
 
 § <i*. He shall have power to execute all acts that may be required of him by any 
 ordinance made in pursuance of this act. 
 
 § 7. He shall be commissioned by the governor as a justice of the peace for said 
 city, and as such shall be a conservative of the peace in said city, and shall have 
 power and authority to administer oaths, issue writs and processes under the seal o? 
 the city, to take acknowledgments of deeds, mortgages and other instruments of 
 writing, and certify the same under the seal of the city, which shall he good and 
 valid in law. 
 
 § 8. He shall have exclusive jurisdiction in all cases arising under the ordinan¬ 
 ces of the corporation, and concurrent jurisdiction with all other justices of the 
 peace, in all civil and criminal cases within the limits of said city arising under the 
 laws of the state, and shall receive the same fees and compensation for his services 
 in similar cases. 
 
 § 9. He shall also have jurisdiction as may be vested in him by ordinance of the 
 city, in and over all places within five miles of the boundaries of the city, for the 
 purpose of enforcing the health and quarantine ordinances and regulations thereof, 
 
 § 10. And he shall receive for bis services such salary as shall be fixed by an 
 ordinance of the city, and the usual fees of the justice of the peace. 
 
 § 11. In case the Mayor shall at any time be guilty of a palpable omission of 
 duty, or shall wilfully and corruptly be guilty of oppression, maleonduct or parti¬ 
 ality in the discharge of the duties of his office, he shall be liable to be indicted in 
 the circuit court of Hancock county, and on conviction shall be fined not more than 
 two hundred dollars ; and the court shall have power, on the recommendation of the 
 jury, to add to the judgment of the court, that he be removed from office. 
 
 ARTICLE SEVENTH.— Proceedings in Special Cases. 
 
 § 1. When it shall be necessary to take private property for opening, widening or 
 altering any public street, lane, avenue or alley, the corporation shall make a just 
 compensation therefor, to the person whose property is soflaken ; and ii the amount 
 of such compensation cannot be agreed on, the Mayor shall cause the same to be 
 assessed by a jury of six disinterested freeholders of the city. 
 
 § 2. When the owners of a.H the property on the street, lane, avenue or alley 
 proposed to be opened, widened or altered shall petition therefor, the City Council 
 may open, widen or alter such street, lane, avenue or alley, upon conditions to be 
 prescribed by ordinance, but no compensation shall in such case be made to those 
 where property shall be taken for the opening widening or altering of such street, 
 lane, avenue or alley, nor shall there be any assessment of benefit or damage that 
 may accrue thereby to any of the petitioners. 
 
 § 3. All jurors impanelled to inquire into the amount of benefit or damage which 
 shall happen to the owners of property proposed to be taken for opening, widening or 
 altering any street, lane, avenue or alley, shall be first sworn to that effect, and shall 
 return to the Mayor their inquest, in writing, signed by each juror. 
 
 § 4. In assessing the amount of compensation for the property taken for opening 
 widening or altering any street, lane, avenue or alley, the jury shall take into con- 
 
MISCELLANEOUS PROVISION*. 
 
 9 
 
 f id-ration the benefit as well as the injury happening by such opening, widening or 
 altering of such street, Jane, avenue or alley. 
 
 § 5. The Mayor shall have power, for any good cause shown, within ten days 
 after any inquest shall have been returned to him as aforesaid, to set the same aside, 
 and cause a new inquest to be made. 
 
 § 6. The City Council shall have power, by ordinance, to levy and collect a spe¬ 
 cial tax on the holders of the lots on any street, lane, avenue or alley, or part of any 
 street, lane, avenue or alley, according to their respective parts owned by them, for 
 the purpose of grading and paving the sidewalks. 
 
 ARTICLE EIGHTH .—Miscellaneous Provisions. 
 
 § 1. The inhabitants of the city of Warsaw are hereby exempted from working 
 on anyroad beyond the limits of the city. 
 
 § 2. The City Council shall have power, for the purpose of keeping the streets 
 lanes, avenues and alleys in repair, to require every male inhabitant in said city, over 
 twenty-one years of age, to labor on said streets, lanes, avenues and alleys not ex¬ 
 ceeding three days in each and every year , and any person failing to perform such 
 labor when duly notified by the Supervisor, shall forfeit and pay the sum of one dol¬ 
 lar per day for each day so neglected or refused. 
 
 § 3. The City Council shall [have] power to provide for the punishment of 
 ofi'enders, by imprisonment in the county or city jail, in all cases where such offend¬ 
 ers shall fail or refuse to pay the fines and forfeitures which may be recovered against 
 them. 
 
 § 4. The City Council shall cause to be published annually a full and complete 
 statement of all moneys received and expended by the corporation during the prece¬ 
 ding year, and on what account received and expended. 
 
 § 5. All ordinances and resolutions passed by the President and Trustees of the 
 town of Warsaw, shall remain in force until the same^shall be repealed by the City 
 Council hereby created. 
 
 § 6. All suits, actions and prosecutions instituted, commenced or brought by the 
 corporation hereby created, shall be instituted, commenced and prosecuted in the 
 name of the city of Warsaw. 
 
 § 7. All actions, fines and forfeitures which have accrued to the President and 
 Trustees of the Town of Warsaw, shall be vested in and prosecuted by the corpo¬ 
 ration hereby created. 
 
 § 8. All property, real and personal, heretofore belonging to the President and 
 Trustees of the town of Warsaw, for the use of the inhabitants of said town, shall 
 be and the same is hereby declared to be vested in the corporation hereby created. 
 
 § 9. This charter shall not invalidate any act done by the President and Trustees 
 of the town of Warsaw, nor divest them of any right which may have accrued to 
 them prior to the passage of this act. 
 
 § 10. The President and Trustees of the town of Warsaw shall, immediately af¬ 
 ter the passage of this act, take measures to promulgate this law within the limits 
 of the city of Warsaw, and issue their proclamation for the election of officers 
 and cause the same to be published in all the newspapers in said city, for four wetk* 
 m succession prior to the di«y of election for said city officers. 
 
JO 
 
 ORIGINAL CHARTER. 
 
 § 11. Appeals shall be allowed from all decisions in all cases arising under the 
 provisions of' this act, or any ordinance passed in pursuance thereof, to the circuit 
 court of Hancock county ; and every such appeal shall he taken and granted in the 
 same manner and with like effect as appeals are taken from and granted by justices 
 of the peace to the circuit court, under the laws of this state. 
 
 § 12. Whenever the Mayor shall absent himself from the city, or shall resign or 
 die, or his office shall be otherwise vacated, the Board of Aldermen shall immedi¬ 
 ately proceed to elect one of their number President, who shall be Mayor pro tem. 
 
 § 13. This act is hereby declared to be a public act, and may be read in evidence 
 in all courts of law and equity in this state, without proof. 
 
 § 14. All acts and parts of acts coming within the provisions of this charter that 
 are contrary thereto, or inconsistent with its provisions, are hereby repealed. 
 
 § 15. The City Marshal, or any other officer authorised to execute writs or 
 other process issued by the Mayor, shall have power to execute the same any 
 where within the limits of said Hancock county, and shall be entitled to the same 
 fees for traveling as are allowed to constables in similar cases. 
 
 § 16. 1 The city of Warsaw is hereby authorised, in addition to the taxes already 
 authorized to be collected, to levy a tax not exceeding one-eighth of one per centum 
 in each year on all taxable property in said city, the proceeds of which *aid tax 
 shall be wholly applied to the support of common schools in said city, and to no 
 other purpose. Said tax is to be collected in the same manner and under the same 
 regulations that other city taxes are collected. 
 
 § 1/. The City Council of said city shall have power to provide for enclosing, 
 improving and regulating all public ground within the city, and for the punishment 
 of injuries or damages done to trees, buildings or other improvements thereon, to 
 license, tax and regulate auctioneers, merchants and retailers, groceites, taverns, 
 and all places where fermented liquors are sold; and the vet dt-rs of the same, 
 hawkers, pedlars, brokers, pawn-brokers and money-cnangers: Provided, that 
 nothing heiein contained shall be construed to vest in said City Council authority 
 to grant license in any cases or for any purposes where the same may be prohibited 
 by any existing or future general law of this state. 
 
 § 18. The City Marshal of said city shall, by virtue of his office, he a consta¬ 
 ble of Hancock county, with power to serve process, and to do all acts that con¬ 
 stables may lawfully do, and sha’l receive the same fees as are allowed to other 
 constables by law, and shall, before entering upon the discharge of his office, in 
 addition to the ordinary bond which may be required of him by city ordinance, 
 execute, another bond and file it in the office of the clerk of the county court of 
 Hancock county, in like manner as other constables are now required to do by 
 law, and he shall, moreover, take the same oath to discharge the duties of his 
 office, and in the same manner that other constables are now required to take. 
 
 § 19. The City Council shall have power to provide by ordinance for the organ¬ 
 ization and maintenance of a Mayor’s Court for said city, and for the trial and 
 punishment of all offenders agakst the ordinances of saul city, made in conformity 
 with the powers granted in this charter and not inconsistent with the constitution 
 of the United States, or of tills state. 
 
 § 20. That in addition to the powers and privileges hereinbefore conferred, the 
 City Council of said city of Warsaw, whenever a majority of the legal voters of 
 said city shall, by vote at an election called for that purpose by the City Council, 
 so express their wish to purchase or subscribe for shares of the capital stock in any 
 
MISCELLANEOUS PROVISIONS. 
 
 11 
 
 railroad company or plankroad company already incorporated, or hereafter to be 
 incorporated or organized under any law of this state, and located wholly or in 
 part in said Hancock county, in any sum or sums not exceeding one hundred thous¬ 
 and dollars in the aggregate; and the stock so subscribed for or purchased shall be 
 under the control of the City Council of said city, in all respects as stock owned 
 by individuals. 
 
 § 21. That for the payment of said stock the City Council cf said city are 
 hereby authorized to borrow money at any rate not exceeding ten per cent, per 
 annum, and to pledge the faith of the city for the annual payment of the interest 
 and the ultimate redemption of the principal 5 or if said City Council shall deem it 
 most advisable, they are hereby authorized to pay for such subscriptions or pur¬ 
 chase in the bonds of the city, to be drawn for that purpose in sums not less than 
 fifty dollars, bearing interest not exceeding ten per cent, per annum: Provided, 
 that no bond shall be paid out at a less rate than par value. 
 
 § 22. The railroad companies and plankroad companies already organized or 
 incorporated, or hereafter to be organized or incorporated under the laws of this 
 state, and lying or being wholly or in part within the limits of said Hancock county, 
 are hereby authorized to receive the bonds of said city to the capital stock of said 
 company at par and in lieu of cash, and to issue their bonds bearing interest not 
 exceeding ten per cent per annum, for any moneys by them borrowed for the con¬ 
 struction of their railroad or plankroad and fixtures, or for the purchase of engines 
 and cars, and for such purpose n ay dispose of any bonds by them received as 
 aforesaid. 
 
 o 23. No bonds shall be issued under the provisions of this act, excepting for 
 amounts required to be paid at the time of subscription, and for the amounts of and 
 at the time when assessments upon ail the stockholders ot said company shail be 
 regularly assessed and made payable. 
 
 § 24. The said city of Warsaw is hereby authorized, in addition to the taxes 
 hereinbefore authorized, to be collected, to levy and collect a special annual tax 
 upon the property, real and personal, situated in said city, sufficient for the payment 
 of the annual interest which may accrue upon any bonds to be issued by said city 
 for railroad or plankroad purposes, under the provisions of this charter. Said spe¬ 
 cial tax to be levied and collected at the same time and in the same manner as other 
 taxes levied by said city, and the said city shall have the same rights, powers and 
 remedies to enforce the collection of the same, by the sale of property or otherwise, 
 as in or may be provided for in other cases relating to the city revenue. Said tax 
 when collected shall be by the said City Council set apart and held separate and 
 distinct from the other portions of the city revenue, as a fund specially pledged for 
 a payment of the annual interest on the bonds aforesaid, and shall be by the said 
 City Council from time to time applied to the payment of said interest as the same 
 becomes due and payable, and to no other purpose whatever. 
 
 § 2 D. That portion of township four north, range nine, west of the fourth prin¬ 
 cipal meridian, lying within the corporate limits of the city of Warsaw, with such 
 parts of said township as may be hereinafter incorporated with and become under 
 the jurisdiction of said city, shall be and the same is hereby erected into a common 
 school district, to be known as and called the “ Warsaw School District.” 
 
 § 26. The care and superintendence of the common schools within the city of 
 Warsaw, together with the funds and estate, both real and personal, belonging to 
 and which may be conveyed to said Warsaw school district, shall devolve upon the 
 
12 
 
 ORIGINAL CHARTER. 
 
 City Council of the city of Warsaw, and they shall have power to appoint, at their 
 first meeting after their annual election in each year, a general supeiintendent of 
 public schools for said city of Warsaw, whose term of office shall be for one year, 
 and until his successor shall be duly elected and qualified and his duties and the 
 amount of his salary shall be defined by the City Council of the city of Warsaw : 
 Provided, however, that the said salary shall at no time be paid out of the school 
 fund belonging to said Warsaw school district; and said City Council shall have 
 power to make all laws and ordinances necessary and proper for the management 
 of said common schools not inconsistent with the constitution of this state. 
 
 § 27. The township funds and estate, real and personal, belonging to said town¬ 
 ship four north, range nine west, shall be divided between the city of Warsaw, and 
 the portion of s^id township lying without the ciiy of Warsaw, as follows: the 
 Trustees of schools of township four north, range nine west, shall, within three 
 months from and after the passage of this act, appoint three respectable house¬ 
 holders, one from the city of W r arsaw, one from township four north, range nine 
 west, residing outside of the city, and one residing in township four north, range 
 eight west, in said Hancock county, who, or a majority of whom, after being duly 
 sworn well and truly to perform their duly, shall ascertain as nearly as may be 
 the number of white persons under the age of twenty years residing within said 
 township four north, range nine west, both within and without the limits of said 
 city of Warsaw, and they shall divide and apportion the aforesaid township funds 
 and estate according to the number of children under the age aforesaid, residing in 
 said township within and without said city of Warsaw, and shall pay over and 
 deliver to said city the distributive share of the said township funds and estate 
 aforesaid, to which the Warsaw school district may be entitled, according to the 
 number of white persons under the age aforesaid, residing in said township within 
 and without the limits of said city respectively, and the said Commissioners shall 
 have power to make their deed of partition, and convey to the city of Warsaw its 
 distributive share of the real estate belonging to the school fund of said township 
 aforesaid; and incase the Commissioners appointed as aforesaid shall refuse or 
 neglect to perform the duties aforesaid within one month from the time of their 
 appointment, the said trustees of schools of said township shall have power to 
 appoint ethers in their stead, either in or out of said city of Warsaw, who shall, 
 in like rnannei,be sworn and perform the duties assigned to the first mentioned 
 Commissioners; and said Trustees shall have power to make appointments and fill 
 vacancies in the same until the objects of this act are carried into effect: Provided, 
 the same shall be done within twelve months from and after the passage of this act. 
 
 § 28. The Trustees of schools of said township four north, range nine west, 
 shall, upon such partition being made, pay over and deliver to the city of Warsaw 
 the funds and deeds to which said Warsaw school district may be entitled according 
 to the division and distribution aforesaid, and shall take from the clerk of the cilv 
 of Warsaw a receipt for the same. All school houses in said city of Warsaw 
 which have been built by taxation or voluntary contribution shall be and remain 
 the property of the city for school purposes, and not subject to partition as pro¬ 
 vided in the preceding section, but the same [shall] be by said Commissioners 
 conveyed to the said city in the same manner as the property which may be bv 
 them partitioned and set off to said city as hereinbefore provided. 
 
 § 29. It shall be the duty of the City Council of the city of Warsaw to cause 
 to be furnished to the school Commissioner of Hancock county an abstract of the 
 
MISCELLA NEOUS PROVISIONS. 
 
 13 
 
 whole number of white children under the age of twenty years, residing in said 
 Warsaw school district, within ten days after the number shall be ascertained; and 
 the said school Commissioner shall annually pay to the clerk of the city of War¬ 
 saw' the proportion of the school, college and seminary fund to which the said 
 Warsaw school district may be entitled according to the number of children under 
 the age aforesaid residing in said district, taking his receipt for the same: Pro¬ 
 vided, that no abstract of the number of children as aforesaid, residing in said 
 Warsaw school district, shall be returned to said school Commissioner oftener 
 than once in two years, as required in other school districts. 
 
 § 30. All members of any fire company of the city of Warsaw residing in said 
 city, during the time he shall remain a member of such company, and comply 
 with the rules and perform the duties thereof, shall be exempt from all road and 
 street labor, and from serving as jurors, in every case whatever: Provided, that 
 this section shall not be so construed as to exempt any person from any tax upon 
 property. * 
 
 § 31. The said city of Warsaw shall he exempt from the provisions of any and 
 ay laws providing for a system of township organization row in force, or which 
 may hereafter be in force: Provided, that nothing in this section contained shall 
 prevent the legal voters residing in said city from Voting on the question of town¬ 
 ship organization at any regular election held by the county for that purpose. 
 
 § 32. That all general laws or parts of laws heretofore passed, or which may 
 be hereafter passed, for the purpose of adding to or enlarging the powers of the 
 towns and cities which have been or hereafter may be incorporated by any special 
 act, or by virtue of any general law of this state, shall be deemed and held to 
 apply as well for the benefit of the said city of Warsaw as of any other; and it 
 shall at all times be lawful for the City Council of said city of Warsaw to claim 
 and exercise any and all powers which may have or may hereafter be granted by 
 general laws for the purpose of adding to or enlarging or extending the powers of 
 towns and cities as aforesaid. 
 
 § 33. The City Council shall have power to provide by ordinance that all taxes 
 levied, assessed and collected under and by virtue of the provisions of this act 
 shall be assessed and collected by the same Assessor and Collector, whose duty it 
 shall be, by general law, to assess and collect the state and count}’’tax for township 
 four north, range nine west, in said Hancock county. If said City Council shall 
 wish to have said city taxes so assessed and collected, it shall be their duty to 
 inform the clerk of the county court as soon as convenient after the assessment is 
 made in each year for state and county purposes, of the rate per cent, of taxation 
 levied by them for city purposes for said year; and it shall thereupon be Ihe duty 
 of said County Clerk to carry out each, and extend said tax upon the books of the 
 Assessor and Collector in the same manner that he is how required by law to carry 
 out and extend the district school tax against the name of each tax-payer, whether 
 resident or non-resident, owning property in said city; and said city tax shall be 
 collected in every respect, and the collection thereof enforced in like manner and 
 with like remedies as the state and county tax, and shall be paid over by the col¬ 
 lector to the treasurer of said city at the same time that the county revenue is 
 required to be paid over to the county. Any court which shall render judgment 
 in said Hancock county against the lands and lots in said city for non-payment of 
 taxes due the state and county shall, at the same time, include in the same judgment 
 any and all taxes which may be due ?aid city on any such property. For his ser- 
 
14 
 
 ORIGINAL CHARTER. 
 
 vices in carrying out, adding and extending said tax in the books of the Assessor 
 and Collector, said Clerk of the county court shall receive one per cent, on the 
 amount of tax collected. The Collector shall receive the same compensation 
 which may be allowed by law for the collection of state and county taxes, and 
 shall be liable on his official bond for the payment of all such city tax by him 
 collected. The fees of the Clerk and Collector to be paid out of the taxes thus 
 collected. 
 
 § 34. The aggregate of the general tax levied on the entire real and personal 
 estate within said city shall in no one year exceed one per cent, on the assessed 
 value threof. 
 
 § 35. This act to take effect from and after its passage. 
 
 Approved February 12, 1853. 
 
AMENDMENTS TO THE CITY CHARTER, 
 
 AN ACT to amend an act entitled “An act to incorporate the city of Warsaw,” 
 
 approved February 12, 1853. 
 
 Section 1. Be it enacted by the People of the State of Illinois, represented in 
 the General Assembly, That so much of section No. twenty-seven of article eight, 
 of the act to which this is an amendment, as limits the time given to the Commis¬ 
 sioners named in said section to make partition of the school property belonging to 
 township four (4) north, range nine (9) west of the fourth principal meridian, in 
 Hancock county, be and the same is hereby so amended as to allow the said Com¬ 
 missioners the further time of one year from the passage of this act, to perform the 
 duties therein required of them. 
 
 Sec. 2. That so much of section thirty-first of article eight of said act as 
 exempts said city from any and all laws providing for a system of township organ¬ 
 ization, be and the same is hereby repealed. 
 
 Sec. 3. That hereafter any justice of the peace within the limits of said city 
 shall have, and they are hereby vested with jurisdiction to commence, hear and 
 determine all actions or causes of actions, which may arise under the ordinances 
 of said city, when the amount claimed does not exceed one hundred dollars, in the 
 same manner as is now provided by law in other cases, anything contained in the 
 aforesaid act to the contrary notwithstanding. 
 
 Sec. 4. This act to take effect and be m force from and after its passage. 
 
 Approved March 1, 1854. 
 
 AN ACT to amend an act entitled “ An act to incorporate the city of Warsaw.” 
 
 Section 1. Be it enacted by the People of the State of Illinois, represented in 
 the General Assembly, That the City Council of the city of Warsaw be, and is 
 hereby authorised to issue bonds of said city, not to exceed ten thousand dollars in 
 amount, bearing interest not to exceed ten per cent, per annum, and payable within 
 ten years from the date thereof, for the purpose of building and furnishing a school 
 house or school houses, and for the purchasing the necessary grounds for the samp, 
 for the use of the common schools of said city. 
 
 Sec. 2. For the purpose of meeting the interest that may accrue on the bonds 
 hereby authorized to be issued, and also for the payment of the principal thereof, 
 at as early a day as practicable, the City Council of said city are hereby author¬ 
 ized to levy a special tax upon all the property, both real and personal, in said 
 city, not to exceed one per cent, on the assessed value thereof, which said tax sha d 
 be in addition to all other taxes authorized to be levied by the City Council of said 
 city, and the fund thus raised shall be set apart and appropriated to the purposes 
 herein specified and to no other* 
 
16 
 
 AMENDMENTS to original charter. 
 
 Sec. 3. That whenever the City Council of said city of Warsaw shall cause 
 the ordinances of said city to be revised and published in book or pamphlet form, 
 it shall not be necessary to make publication of the ordinances contained in said 
 book or pamphlet in any public newspaper, but the time of going into effect of 
 such ordinances as may be published in said book or pamphlet shall be determined 
 from the date of the publication in one of the newspapers printed in said city, of a 
 proclamation of the Mayor announcing the fact of the publication of the said 
 ordinances in the form before mentioned. 
 
 Approved February 14, 1855. 
 
 AN ACT authorizing the city of Warsaw to sell the School Lands belonging to 
 
 said city and confirming title to the same. 
 
 Whereas, by an act entitled an act to incorporate the city of Warsaw, approved 
 Feoruary 12, 1853, the said city and such portion of township four north, range 
 nine west of the fourth principal meridian, as may be hereafter incorporated into 
 the same, w T as created into a “ Common School District,” to be known as and 
 called the Warsaw School District; and Whereas, the Trustees of schools in 
 said township four north, range nine w T est, were required by said acts to appoint 
 three respectable householders tc act as Commissioners, which said Commissioners 
 w r ere authorized and empowered by said act to divide the township funds and estate, 
 real and persona], between the said city and that portion of said township lying 
 without the limits of said city, in proportion to the number of children under the 
 age of twenty years, residing within and without said city; and Whereas, the 
 said Trustees of schools in pursuance of the requirements of said act, did on the 
 third day of August, a. d. 1853, appoint John F. Charles, a householder residing 
 in said city; Pierre A. Barker, a householder residing without the limits of said 
 city, in township four north, range nine west, and William Frazee, a resident of 
 township four north, range eight west, said Commissioners; and Whereas, said 
 Commissioners did in pursuance of the powers vested by said act, and an ac^ 
 amendatory to the same, approved March 1, 1854, make division of the fund* 
 belonging to said township, as is by said acts required, and did also on the 9th day 
 of September, a. d. 1854, in pursuance of authority conferred in said act, execute 
 to the city of Warsaw a deed, conveying to said city for the use of said Warsaw 
 School District, its proper proportion of the lands and town lots belonging to said 
 township. Now, therefore, 
 
 Section- 1. Be it enacted by the People of the State of Illinois , represented in 
 the General Assembly, That the acts of said Commissioners be, and the same is 
 hereby confirmed, and the title to all the lands and town lots recited in and intended 
 to be conveyed by said deed be, and the same is hereby vested and confirmed in 
 said city of Warsaw, for the use of said Warsaw School District, and no inform¬ 
 ality in the appointment by the Trustees of schools in said township, of said Com-, 
 missloners, and no informality in the proceedings of said Commissioners in making 
 said distribution and conveyance shall be allowed to impair, or in any wise affect 
 the title by them intended to be conveyed to said city of Warsaw. 
 
 Sec. 2. Whenever two-thirds of the white male inhabitants of said city of 
 Warsaw, of and over the age of twenty-one years, shall petition the City Council 
 of said city of Warsaw, (said petition to be signed and authenticated in manner 
 
AMENDMENTS TO ORIGINAL CHARTER. 
 
 It 
 
 and form as pointed out by the 10th section of an act entitled an act to establish 
 and maintain common schools, approved February 12, 1849,) for the sale of the 
 lands and town lots held by said city, for the use of said Warsaw School District, 
 the said City Council may authorise the Mayor of said city to advertise and sell 
 the same in manner and on such terms as may be prescribed by ordinance of said 
 city, the funds atising from such sale to be held by the city, in trust, for the use of 
 the common schools in said city. 
 
 Sec. 3. The Mayor of said city of Warsaw is hereby authorized to execute 
 certificates of purchase to the purchasers of said school lands, under direction of 
 the City Council, and in pursuance of the ordinance or ordinances that may ba 
 duly established for that purpose, and after the payment of the purchase money 
 by any purchaser, he shall execute a deed in the form that may be prescribed by 
 ordinance, to the person entitled thereto, for any portion of the lands or town 
 lots aforesaid, and such deed duly executed by the Mayor of said city, shall vest 
 the title in fee simple in the said purchaser, his heirs or assigns forever. 
 
 Approved Februry 14, 1855. 
 
 AN ACT to amend an act entitled ec An act to incorporate the city of Warsaw, 
 
 approved February 12, 1853. 
 
 Section 1 . Be it enacted by the People of the State of Illinois, represented 
 in the General Assembly, That seetion two of article one of said act be so 
 amended as to include the following territory within the limits of the said city, 
 to wit: commencing at a point in the middle of the main channel of the Mis¬ 
 sissippi river, due west of the south line of section seventeen, in township four 
 north, range nine west of the fourth principal meridian, and run up stream, 
 with the middle of said main channel, to a point due north of the centre line of 
 section two, ip said township ; thence south, by said line, to the south line of sec¬ 
 tion fourteen, in said township; thence west, to the place of beginning: Provided , 
 the said city shall not have power to declare and remove as a nuisance any build¬ 
 ing heretofore erected within so much of the limits thereof as is extended by the 
 provisions of this act. 
 
 Sec. 2. That where any tract or tracts of land adjoining the said city, which 
 has been or may hereafter be laid out into lots or blocks, for the purpose of sale, 
 the same or such portions thereof as has been or may be so laid out, shall become 
 and is hereby declared to form and constitute a part of said city, and shall be held 
 and taken as within said city limits, for all purposes whatsoever. 
 
 Sec. 3. That the City Council shall have power to adopt by ordinance, a plan 
 for all future additions to said city; and all additions thereafterward laid out shall 
 conform to such plan; and that the said City Council shall have power to appoint 
 a city surveyor and to prescribe to him such duties and regulations as they may 
 deem proper; said surveyor shall lay out all additions to said city, and shall pos- 
 icss the same powers to make surveys and plats thereof as is or may be conferred 
 by law upon county surveyors ; and any plat or addition laid out contrary to the 
 provisions of this act or the plan which may be adopted by said City Coucil, shall 
 be void. 
 
 Sec. 4. That said city corporation shall have power to subscribe to the capital 
 #tock of any railroad company in this state the sum of one hundred thousand del- 
 2 
 
18 
 
 AMENDMENTS TO ORIGINAL CHARTER. 
 
 lars, in addition to the amount already subscribed, whenever a majority of the 
 legal voters thereof shall declare in favor of such subscription; which maybe 
 made in the manner provided for in the act to which this is an amendment; and 
 said subscription, when made, shall have the same effect, and the bonds of the said 
 city to be issued thereon in the same manner; and the said City Council shall 
 make such provision for the payment thereof and proceed in all other respects in 
 relation thereto conformable to the provisions of the said act above referred to. 
 
 Approved February 7, 1857. 
 
 i 
 
 e 
 
 
CHARTER OF THE CITY OF WARSAW. 
 
 AN ACT to reduce the act incorporating the city of Warsaw, and the several 
 acts amendatory thereof, into one act, and to amend the same. 
 
 ARTICLE I. 
 
 <e 
 
 II. 
 
 ft 
 
 III. 
 
 a 
 
 IY. 
 
 u 
 
 Y. 
 
 <c 
 
 VI. 
 
 ft 
 
 VII. 
 
 ft 
 
 VIII. 
 
 if 
 
 IX. 
 
 ft 
 
 X. 
 
 ft 
 
 XI. 
 
 ft 
 
 XII. 
 
 Boundaries, General Powers, and Formation of Wards. 
 Officers—their Election and Appointment. 
 
 Elections. 
 
 Powers and Duties of Officers. 
 
 Of the Legislative Powers of the City Council — it* 
 General Powers and Duties. 
 
 Of Assessments for Opening Streets and Alleys. 
 Public Improvements and Assessments therefor. 
 Collection of Taxes and Assessments. 
 
 Board of Health. 
 
 Fire Department. 
 
 Schools and School Fund. 
 
 Miscellaneus Provisions. 
 
 ARTICLE I . 
 
 BOUNDARIES, GENERAL POWERS, AND FORMATION OF WARDS. 
 
 Section 1 . Be it enacted by the People of the State of Illinois, represented 
 in the General Assembly, That all the district of country in the county of 
 Hancock, and state of Illinois, contained within the present incorporate limit* 
 of the city of Warsaw, to wit: Commencing at a point in the middle of the main 
 channel of the Mississippi river, due west of the south line of section seven¬ 
 teen, in township four north, range nine west of the fourth principal meridian, 
 and run up the stream with the middle of said main channel, to a point due north 
 of the centre line in section two in said township, thence south, by said line, to 
 the south line of section fourteen in said township, thence west tp the place of 
 beginning, w’ith such other additions of land as may be incorporated wuth, and 
 come under the juiisdiction of said city, is hereby erected into a city, by the name 
 of i( The City of Warsaw.” 
 
 Sec. 2. The inhabitants of said city shall be a corporation by the name of the 
 City of Warsaw, and by that name shall have perpetual succession, sue and be 
 sued, and complain and defend in any court; may make and use a common seal, 
 and alter and change it at pleasure; may take, hold and purchase such real, per- 
 *onal or mixed estate as the purposes of the corporation may require, within or 
 
*0 
 
 CITY CHARTER. 
 
 without the limita of the city, and may sell, lease or dispose of the same for the 
 benefit of the city. 
 
 Sec. 3. The city of Warsaw shall he divided into three wards, the boundaries 
 of which shall be fixed by the City Council, and shall be by the City Council 
 changed from time to time as they shall see fit, having regard to the number of 
 fre'i white male inhabitants, so that each ward shall contain, as near as may be, 
 the same number of white male inhabitants. The City Council may create addi¬ 
 tional wards, as occasion may require, and fix the boundaries thereof. 
 
 ARTICLE II. 
 
 ✓ * 
 
 OFFICERS—THEIR ELECTION AND APPOINTMENT. 
 
 Section 1. The municipal government of the city shall consist of a City 
 Council, to be composed of a Mayor, and two Aldermen from each ward, who 
 fhall be elected by the qualified voters of said city. The other officers of the cor¬ 
 poration shall be as follows: a City Clerk, a City Marshal, a City Treasurer, a 
 City Attorney, a City Assessor, a City Collector, a City Surveyor and Engineer, 
 and a City Supervisor, who, in addition to the duties prescribed in this act, shall 
 perform such other duties as may be prescribed by ordinance. 
 
 Sec. 2. All officers elected or appointed under this act, except aldermen, and 
 except herein otherwise specially provided, shall hold their offices for one year, 
 and until the election or appointment and qualification of their successors respect¬ 
 ively. All officers mentioned in this act, and not otherwise specially provided for, 
 shall be appointed by the City Council, by ballot, on the third Monday of April 
 in each year, or as soon thereafter as may be; but the City Council may specially 
 authorize the appointment of watchmen and policemen by the Mayor, to continue 
 in office during the pleasure of the City Council: Provided , the Mayor or Marshal 
 may be authorized to remove them from office for good cause. All officers elected 
 or appointed to fill vacancies shall hold for the unexpired term only, and until the 
 election or appointment and qualification of their successors. 
 
 Sec. 3. The several wards of the city shall be represented in the City Council 
 by two Aldermen from each ward, who shall be bona fide residents thereof, and 
 hold their offices for two years from and after their election, and until the election 
 and qualification of their successors. They shall be divided into two classes, con¬ 
 sisting of one Alderman from each ward, so that one from each ward shall be 
 annually elected. At the first meeting of the City Council after the annual elec¬ 
 tion in April next, the Aldermen shall be divided into two classes by lot. The 
 term of office of those of the first class shall expire in one year; of those of the 
 second class in two years: Provided , that the present Aldermen of the city whose 
 term of office do expire at that time shall be placed in the first class, and no elec¬ 
 tion shall be held to supply their places. At the annual election in April, 1859, 
 there shall be elected in the first, second and third wards, by the qualified voters in 
 each of said wards respectively, one Alderman in each ward, and thereafter annu¬ 
 ally one Alderman shall be so elected in each of the wards of the city, to represent 
 such ward in the City Council. 
 
 Sec. 4. If from any cause there shall not be a quorum of Aldermen remaining 
 
ELECTIONS. 
 
 21 
 
 in office, the clerk shall appoint the time and place of holding a special election to 
 supply such vacancies, and to appoint judges thereof, if necessary. If any Aider- 
 man shall remove from the ward represented by him, his office shall thereby 
 become vacant. If for any cause the officers herein named shall not be appointed 
 on the third Monday in April in each year, the City Council may adjourn from 
 time to time, until such appointments are made. If there should be a failure bv" 
 the people to elect any officers herein required to be elected, the City Council may 
 forthwith order a new election. 
 
 Sec. 5. Any officer elected or appointed to any office may be removed from 
 such office by a vote of two-thirds of all the Aldermen authorized by law to be 
 elected. But no officer shall be removed except for good cause, nor unless first 
 furnished with the charges against him, and heard in his defence: and the City 
 Council shall have powder to compel the attendance of witnesses, and the produc¬ 
 tion of papers, when necessary for the purposes of such trial, and shall proceed 
 within ten days to hear and determine upon the merits of the case. And if such 
 officer shall neglect to appear, and answer to such charges, then the City Council 
 may declare the office vacant: Provided, this section shall not be deemed to apply 
 to any officer appointed by the City Council; such officer may be removed at any 
 time by a vote of two-thirds, as aforesaid, in their discretion; but any officer may 
 be superseded until a disposition of the charges, when preferred. 
 
 Sec. 6. Whenever any vacancy shall occur in the office of Mayor or Alderman, 
 such vacancy shall be filled by a new election, and the City Council shall order 
 such special election within ten days after the happening of such vacancy. Any 
 vacancy occurring in any other office may be filled by appointment of the City 
 Council; but no special election shall be held to fill vacancies, if more than nine 
 months of the time expired. 
 
 Sec. 7. All citizens of the United States, qualified to vote at any election held 
 under this act, shall be qualified to hold any office created under this act; but no 
 person shall be eligible to any office under this or any other act in relation to said 
 city, who is now, or hereafter be, a defaulter to said city, or to the state of Illi¬ 
 nois, or to any other city or county thereof. And any person shall be considered a 
 defaulter who has refused or neglected, or may hereafter refuse or neglect for 
 thirty days after demand made, to account for and pay over to the party authorized 
 to receive the same, any public money wffiich may Lave come into bis possession. 
 And if any person bolding any such office or place within this city shall become a 
 defaulter whilst in office, the office or place shall thereupon become vacant. 
 
 Sec. 8. When two or more candidates for any office shall have an e.;ual num¬ 
 ber of votes for such, the election shall be determined by the casting of lots, in the 
 presence of the City Council. 
 
 ARTICLE III. 
 
 ELECTIONS. 
 
 Section 1 . A general election of all the officers of the corporation required 
 to be elected by this act, or any ordinance of the city, shall be held in each ol the 
 wards of the city on the first Tuesday of April, in each year, at such places a* 
 
22 
 
 CITY CHARTER, 
 
 the City Council may appoint, and of which six days previous notice shall be 
 given, by written or printed notices in three public places in each ward, or by 
 publication in the newspaper publishing the ordinances of the city, by the City 
 Clerk. 
 
 Sec, 2. The manner of conducting and voting at the elections held under this 
 act, and conducting the same, the keeping the poll-lists, canvassing of the votes, 
 and certifying the returns, shall be the same, as nearly as may be, as is now, or 
 may hereafter be provided by law at general state elections: Provided, the City 
 Council shall have power to regulate the elections, and the appointment of the 
 judges thereof. The voting shall be by ballot, and the judges of election shall 
 take the same oath, and shall have the same powers and authority as the judges of 
 the general elections. After the closing of the polls, the ballots shall he counted 
 in the manner provided by law, and the returns shall be returned, sealed, to the 
 City Clerk within three days after the election; and thereupon the City Council 
 shall meet and canvass the same, and declare the result of the election. The 
 persons having the highest number of votes for any office shall be declared elected. 
 It shall be declared the duty of the City Clerk to notify all persons elected or 
 appointed to office, of their election or appointment, and unless such persons shall 
 qualify within twenty days thereafter, the office shall become vacant. 
 
 Sec. 3. No person shall be entitled to vote at any election under this act, who 
 is not entitled to vote at state elections, and has not been a resident of said city at 
 least one month next preceding said election. He shall have been, moreover, an 
 actual resident of the ward in which he proposes to vote for five days previous to 
 such election, and if required by any judge or qualified voter, shall take the fol¬ 
 lowing oath before he is permitted to vote: f 'I swear (or affirm) that I am of the 
 age of twenty-one years; that I am a citizen of the United States (or was a resi¬ 
 dent of this State at the time of the adoption of the constitution), and have been 
 a resident of this State one year, and a resident of this city one month immediately 
 preceding this election, and am now, and have been for the last five days past, a 
 resident of this ward, and have not voted at this election.” Provided, that the 
 voter shall be deemed a resident of the ward in which he is accustomed to lodge. 
 
 Sec. 4. No election shall be held in any grog-shop, or other place where intox¬ 
 icating liquors are vended by retail. 
 
 Sec. 5. The persons entitled to vote at any elections held under this act, shall 
 not be arrested on civil process within said city upon the day on which said elec¬ 
 tion is held; and all persons illegally voting at any election held under this act or 
 
 the ordinances of the city in pursuance thereof, shall be punishable according to 
 the laws of Ihe State* 
 
 ARTICLE IV. 
 
 TOWERS AND DUTIES OF OFFICERS. 
 
 Section 1 . Every person chosen or appointed to an exective, judicial or ad¬ 
 ministrative office under this act, shall, before he enters upon the duties of his 
 office, take and subscribe the oath of office prescribed in the constitution of this 
 State, and file the same, duly certified by the officer before whom it was taken, 
 With the City Clerk. 
 
POWERS AND DUTIES OF OFFICERS, 
 
 23 
 
 Fec. 2. The Mayor shall, before he enters upon the discharge of his office, in 
 addition to the usual oath, swear or affirm “That he will devote so much of his 
 time to the duties of his office as an. efficient and the faithful discharge thereof 
 may require.” He shall preside over the meetings of the City Council, and shall 
 take care that the laws of this State and the ordinances of this city are duly en¬ 
 forced, respected and observed "within the city, and that all other officers of the 
 city discharge their respective duties; and he shall cause negligence and positive 
 violation of duty to be prosecuted and punished. He shall, from time to time, 
 give the City Council such information and recommend such measures as he may 
 deem advantageous to the city. 
 
 Sec. 3. He'is hereby authorized to call on any and all white male inhabitants 
 of the city or county over the age of eighteen years, to aid in the enforcing the 
 laws of the State or the ordinances of the city, and in case of riot to call out the* 
 militia to aid in suppressing the same, or carrying info effect any law or ordinance. 
 And any person who shall not obey such call, shall forfeit to said city a fine of not 
 less than five dollar? 
 
 Sec. 4. He shall have power, whenever he may deem it necessary, to require of 
 any of the officers of the city an exhibit of all his books and papers, and he shall 
 have power to execute all acts that may be lequired of him by this act, or any 
 ordinance made in pursuance thereof. 
 
 Sec. 5. He shall be liable to indictment in the circuit court of Hancock 
 county for palpable omission of duty, willful oppression, malconduct or partiality 
 in the discharge of the duties of his office, and upon conviction, shall be subject to 
 a fine not exceeding one hundred dollars, and the court shall have power, upon 
 recommendation of the jury, to add, as part of the judgment, that he be removed 
 from office. 
 
 Sec. 6. He shall have such salary as may be fixed by ordinance, not exceeding 
 six hundred dollars per annum. 
 
 Sec. 7. All ordinances and resolutions shall, before they take effect, be placed 
 in the office of the City Clerk, and if the Mayor approve thereof, he shall sign the 
 same; and such as he shall not approve, he shall return to the City Council, with 
 his objections thereto. Upon the return of any ordinance or resolution by the 
 Mayor, the vote by which the same was passed shall be reconsidered, and if, after 
 such reconsideration, a. majority of all the members elected to the City Council 
 shall agree, by the “ayes and noes,” which shall be filtered upon the journals, to 
 pass the same, it shall go into effect; and if the Mayor shall neglect to approve or 
 object to any such proceeding for a longer period than three days after the same 
 shall be placed in the clerk’s office as aforesaid, the same shall go into effect. He 
 shall, ex-officio, have power to administer any oath required to be taken by this 
 act, or any law of the State ; to take depositions, the acknowledgment of deeds, 
 mortgages, and all other instruments of writing, and certify the same, under the 
 seal of the city, which shall be good and valid in law. 
 
 Sec. 8. In case of vacancy in the office of Mayor, or of his being unable to 
 perform the duties of his office, by reason of temporary or continued absence or 
 sickness, the City Council shall appoint one of its members, by ballot, to preside 
 over their meetings, whose official designation shall be “ Acting Mayor; ” and the 
 Alderinart so appointed shall be vested with all the powers and perform all the 
 duties of Mayor, and until the Mayor shall resume his office, or the vacancy shall 
 be filled by a «ew electiorn 
 
24 
 
 CITY CHARTER. 
 
 Sec. 9. The Clerk shall keep the corporate seal, and all books and papers 
 belonging- to the city. He shall attend all meetings of the City Council, and keep 
 a full record of their proceedings on the journals; and copies of all papers duly 
 filed in his office; and transcripts from the journals of the proceedings of the City 
 Council, certified by him under the corporate seal, shall be evidence in all courts, 
 in like manner as if the original wtre produced. He shall likewise draw all war¬ 
 rants on the treasury, and countersign the same, and keep an accurate account 
 thereof in a book provided for that purpose. He shall also keep an accurate 
 account of all receipts and expenditures, in such manner as the City Council shall 
 direct; and he shall have power to administer any oath required to be taken by 
 this act. 
 
 Sec. 10. It shall be the duty of the City Attorney to perform all professional 
 'services incident to his office, and when required, to furnish written opinions upon 
 questions and subjects submitted to him by the Mayor, or City Council or its com¬ 
 mittees : Provided , however, that the offices of City Clerk and City Attorney may 
 be vested in the same person. 
 
 Sec. 11. The City Treasurer shall receive all moneys belonging to the city, and 
 shall keep ar. accurate account of all receipts and expendituies, in such manner as 
 the City Council shall direct. All moneys shall be draw’ll from the treasury in 
 pursuance of an older of the City' Council, by a treasury warrant, signed by the 
 Mayor or the presiding officer of the City Council, and countersigned by the Clerk. 
 Such warrant shall specify for what purpose the amount therein named is to be 
 paid. The Treasurer shall exhibit to the City Council at least twenty days before 
 the annual election of each year, and oftener if required, a full and detailed 
 account of all receipts and expenditures since the date of the last annual report, 
 and also the state of the treasury : which account shall be filed in the office of the 
 Clerk. 
 
 Sec. 12. The City Marshal shall perform such duties as shall be prescribed by 
 the City Council, for the preservation of the public peace, the collection of license 
 money, fines, or otherwise. He shall possess the powers and authority of a con¬ 
 stable, at common law, and under the statutes of this State, and receive like fees: 
 but shall not serve civil process without first entering into bond as such constable, 
 to be approved by the Supervisor of the (own, as in other cases. He shall execute 
 and return all process issued by any proper offier under this act, or any ordinance 
 in pursuance thereof. 
 
 Sec. 13. The City Engineer or Surveyor shall have the sole power, under the 
 direction and control of the City Council, to survey within the city limits; and he 
 shall be governed by such rules and ordinances, and receive such fees and emolu¬ 
 ments for his services as the City Council shall direct and prescribe. He shall 
 possess the same powers in making plats and surveys wuthin the city, as is given 
 by law to county surveyors; and the like effect and validity shall be given to his 
 acts, and to all plats and surveys made by him, as are or may be given bjr law to 
 the acts, plats or surveys of the county surveyor. He shall, when required, super¬ 
 intend the construction of all public works ordered by the city, make out the plans 
 and estimates thereof, and contract for the execution of the same. He shall per¬ 
 form all surveying and engineering ordered by the City Council, and shall, under 
 their direction, establish the grades and boundaries of streets and alleys ;’but such 
 plans, estimates, contracts, grades and boundaries, shall be first reported to the City 
 Council, and approved of by them, or they shall not be valid. 
 
LEGISLATIVE POWERS OF CITY COUNCIL. 
 
 25 
 
 Sec. 14. The Supervisor shall superintend all local improvements in the city, 
 and carry into effect all orders of the City Council in relation thereto. It shall 
 also be his duty to superintend and supervise the opening of streets and alleys, and 
 the grading, improving and repairing thereof, and the constructing and repairing 
 of bridges, culverts and sewers; to order the laying, relaying and reparing of side¬ 
 walks ; to give notice to the owners .of property adjoining such sidewalks when 
 required, and upon the failure of any person to comply with such notice, to cause 
 the same to be laid, relaid or repaired, and apportion the cost thereof among the 
 persons or lots properly chargeable therewith, and deliver the account thereof to 
 the City Clerk, to be laid before the City Council; to make plans and estimates of 
 any work ordered in relation to streets and alleys, bridges, culverts or sewers; to 
 keep full and accurate accounts, in appropriate books, of all appropriations made 
 for work pertaining to his office, and of all disbursements thereof, specifying to 
 whom made, and on what account; and he shall render monthly accounts therof to 
 the City Council. 
 
 Sec. 15. The City Council shall have power, from time to time, to require fur¬ 
 ther and other duties of all officers whose duties are herein prescribed, and pre¬ 
 scribe the powers and duties of all officers elected or appointed to any office under 
 this act, whose duties a.re not herein specifically mentioned, and fix their compen¬ 
 sation. They may also require all officers severally, before they enter upon the 
 duties of their respective offices, to execute a bond to the city of Warsaw, in such 
 sum and with such securities as they may approve, conditioned that they shall 
 faithfully execute the duties of their respective officers, and account for and pay 
 over and deliver all moneys and other property received by them, which bond, with 
 the approval of the City Council certified thereon by the Clerk, shall be tiled in 
 his office. 
 
 Sec. 16. If any person having been an officer of said city, shall not, within tec 
 days after notification and request, deliver *o his successor in office all the property, 
 books, papers and effects of every description in his possession, belonging to said 
 city, or appertaining to his said office, be shall forfeit and pay for the use of the 
 city fifty dollars, besides all damages caused by his refusal or neglect so to deliver. 
 And such successor may recover possession of the books, papers and effects 
 belonging to his office, in the manner prescribed by the laws of the State. 
 
 ARTICLE V . 
 
 OF THE LEGISLATIVE POWERS OF THE CITY COUNCIL — ITS GENERAL 
 
 POWERS AND DUTIES. 
 
 Section 1. The Mayor and Aldermen shall constitute the City Council of the 
 city. The City Council shall meet at such time and place as they shall by resolu¬ 
 tion direct. The Mayor, when present, shall preside at all meetings of the City 
 Council, and shall have only a casting vote: in his absence any one of the Aider- 
 men may be appointed to preside. A majority of the persons elected Aldermen 
 shall constitute a quorum. 
 
 Sec. 2. No member of the City Council shall, during (he period for which he 
 ip elected, be appointed to, or be competent to hold any office of which the emolu- 
 
25 
 
 CITY CHARTER. 
 
 menls arc paid from the city treasury, or paid by fees directed to be paid by" any 
 act or ordinance of the City Council, or be directly or indirectly interested in any 
 contract, the expense or consideration whereof is to be paid under any ordinance 
 of the City Council, or be allowed to vote in any matter in which he is directly 
 interested, personally or pecuniarily interested, or become security for any city 
 office. 
 
 Sec. 3. The City Council shall hold twelve stated meetings, one in each month 
 during the year; and the Mayor, or any two Aldermen, may call special meetings, 
 by notice to each of the members of the Council, served personally or left at their 
 usual place of abode. Petitions and remonstrances may be presented to the City 
 Council, and they shall determine the rule of their own proceedings, and be the 
 judges or the election and qualification of their own members, and shall have 
 power to compel the attendance of absent members. 
 
 Sec. 4. The City Council shall have the control of the finances, and of all the 
 property, real and personal and mixed, belonging to the corporation, and shall 
 likewise have power within the jurisdiction of the city by ordinance: 
 
 First —To borrow money on the credit of the city, and issue the bonds of the 
 city therefor: but no sum of money shall be borrowed at a higher rate of interest 
 than the rate allowed by law, nor shall a greater sum or sums be borrowed, or at 
 any time outstanding, the interest upon the aggregate of which shall exceed one 
 half of the city revenue, arising from the ordinary taxes on the real estate within 
 the city for the year immediately preceding. The appropriations of the City 
 Council for payment of interest, for improvements, and for city expenses, during 
 any one fiscal year, shall not exceed the amount of the whole ordinary revenue of 
 the city for the fiscal year immediately preceding; but the City Council may apply 
 any surplus money in the treasury to the extinguishment of the city debt, or to the 
 creation of a sinking fund, for that purpose, or to the carrying on the public works 
 of the city, or to the contingent fund for the contingent expenses of the city. 
 
 Second —To appropriate money, and to provide for the payment of the debts and 
 expenses of the city. 
 
 Third —To make regulations to prevent the introduction of contagious diseases 
 into the city. To make quarantine laws for that purpose, and to enforce them 
 within the city, and within five miles thereof. 
 
 Fourth —To make regulations to secure the general health and comfort of the 
 inhabitants; to prevent, abate and remove nuisances, and to punish authors thereof, 
 by penalties, fine and imprisonment; to define and declare w T hat shall be deemed 
 nuisances, and authorize and direct the summary abatement thereof. 
 
 Fifth —To provide the city with water; to make, regulate and establish public 
 welts, pumps and cisterns, hydrants and reservoirs in the streets within the city, or 
 beyond the limits thereof, for the extinguishment of fires and the convenience of 
 the inhabitants; and to prevent the unnecessary waste of water. 
 
 Sixth —To have the exclusive control and power over the streets, alleys and 
 highways of the city, and to abate and remove any encroachments or obstructions 
 thereon; to open, alter, abolish, widen, extend, straighten, establish, regulate, 
 grade, clean or otherwise improve the same; to put drains and sewers therein, and 
 prevent the encumbering thereof in any manner, and protect the same from any 
 encroachment or injury. 
 
 Seventh —To establish, erect, construct, regulate and keep in repair bridges, cul-* 
 Verts and sewers, sidewalks and cross-ways, and regulate the construction and us© 
 
LEGISLATIVE POWERS OF THE CITY COUNCIL. 
 
 27 
 
 of the same, and to abate any obstructions or encroachments thereof; to establish, 
 alter, change and straighten the channels of water courses and natural drains; to 
 sewer the same, or wall them up and cover them over; and to prevent, regulate 
 and control the filling up, altering or changing the channels thereof, by private 
 persons. 
 
 Eighth —To provide for lighting the streets and erecting lamp-posts and lamps 
 therein, and to regulate the lighting thereof, and from time to time create, alter or 
 extend lamp districts; to exclusively regulate, direct and control the laying and 
 repairing the gas pipes and gas fixtures in the streets, alleys and sidewalks. 
 
 Ninth —To establish and erect markets and market houses, and other public 
 buildings of the city, and provide for the government and regulation therof, and 
 their ereclion and location; and to authorize their erection in the streets and 
 avenues of the city, and for the continuation of such as are already erected within 
 the same. 
 
 Tenths 'To provide for the enclosing, regulating and improving all public grounds 
 and cemeteries belonging to the city, and to direct the regulating and planting and 
 preserving of ornamental and shade trees in the streets or public grounds. 
 
 Eleventh —To erect and establish one or more hospitals or dispensaries, and con¬ 
 trol and regulate the same. 
 
 Twelfth —To prevent the incumbering of the streets, alleys, sidewalks or public 
 grounds with carriages, wagons, carts, wheelbarrows, boxes, lumber, timber, fire¬ 
 wood, posts, awnings, signs, or any other substance or material whatever. To 
 compel all persons to keep the snow, ice, dirt and other rubbish from the sidewalk 
 and street gutters in front of the premises occupied by them. 
 
 Thirteenth —To license, tax and regulate merchants, commission merchants, inn¬ 
 keepers, pawn-brokers, money-brokers, insurance-brokers and auctioneers; and to 
 impose duties upon the sale of goods at auction. To license, tax, regulate and 
 suppress and prohibit hawkers, peddlers, pawn-brokers, grocery-keepers, and 
 keepers of ordinaries, theatrical or other exhibitions, shows and amusements. 
 
 Fourteenth —To license, tax, regulate and suppress hackmen, draymen, omnibus 
 drivers, porters, and all others pursuing like occupations, with or without vehicles, 
 and prescribe their compensation; and to regulate and restrain runners for stages, 
 cars, and public houses. 
 
 Fifteenth —To license, tax, regulate, prohibit and suppress billiard tables, pin 
 alleys and ball alleys. To suppress and restrain disorderly houses, tippling shops 
 and groceries, baw T dy bouses, gaming and gambling houses, lotteries, and all fraud¬ 
 ulent devices and practices, and all playing of cards, dice, and other games of 
 chance, with or without betting, and to authorize the destruction of all instruments 
 and devices used for the purposes of gaming. 
 
 Sixteenth —To authorize the proper officer of the city to grant and issue licenses } 
 and to direct the manner of issuing and registering thereof, and the fees and charges 
 to be paid therefor. No license shall be granted for more than one year, and not 
 less than three dollais nor more than five hundred dollars shall be charged for any 
 license under this act; and the fees for issuing the same shall not exceed one dol¬ 
 lar; but no license for the sale of wines or other liquors, ardent or vinous, fer¬ 
 mented or ir alt, at retail by grocery keepers or others, shall be issued for less than 
 fifty dollars. 
 
 Seventeenth —To regulate, restrain and prohibit the selling or giving away of any 
 intoxicating or malt liquois, by any person within the city, except by persons duly 
 
23 
 
 CITY CHARTER. 
 
 licensed. To forbid and punish the selling or giving away of any intoxicating or 
 malt liquors to any minor, apprentice, or servant, without the consent of the 
 parent, guardian, master or mistress. 
 
 Eighteenth —To restrain, prevent and punish forestalling and regrating; to regu¬ 
 late the inspection and vending of fresh meats, poultry and vegetables, butter, lard 
 and other provisions, and the place and manner of selling fish, and inspecting ihes 
 same. 
 
 Nineteenth —To regulate, license and prohibit butchers, and to revoke their license 
 for inalconduct in the course of trade. 
 
 Twentieth —To establish standard weights and measures, and regulate the weights 
 and measures to be used within the city, in all cases not otherwise provided by 
 law. To require all traders or dealers in merchandise or property of any descrip¬ 
 tion, which is sold by measure, which is sold by weight or measure, to cause their 
 measures and weights to be tested and sealed by the city sealer, and to be subject to 
 his inspection. The standard of such weights and measures shall be conformable 
 to those established by law or ordinance. 
 
 Twenty-first —To regulate and provide for the inspecting and measuring of lum¬ 
 ber, shingles, timber, posts, staves, heading, and all kinds of building materials, 
 and for the measuring of all kinds of mechanical work, and to appoint one or 
 more inspectors or measurers. 
 
 Twenty-second —To provide for the inspection and weighing of hay, lime and 
 stone coal, and the place and manner of selling the same. To regulate the meas¬ 
 urement of firewood, charcoal and other fuel to be sold or used within the city, 
 and the place and manner of selling the same. 
 
 Twenty-third —To regulate the inspection of beef, pork, flour, meal and other 
 provisions, salt, whisky and other liquors to be sold in barrels, hogsheads and other 
 vessels or packages. To appoint weighers, guagers and inspectors, and prescribe 
 their duties and regulate their fees: Provided , that nothing herein shall be so con¬ 
 strued as to require the inspection of any articles enumerated herein, which are to 
 be shipped beyond the limits of this State, except at the request of the owner 
 thereof, or his agent. 
 
 Twenty-foui th —To regulate the weight and quality of bread to be sold or used 
 within the city. 
 
 Twenty-fifth—-To regulate the size and quality of bricks to be sold within the 
 city, and the inspection thereof. 
 
 Twenty-sixth —To create, regulate and establish the police of the city; to ap¬ 
 point watchmen and policemen, and prescribe their duties and powers. 
 
 Twenty-seventh —To prevent and suppress any riot, rout, affray, noise, disturb¬ 
 ance or disorderly assemblage in any public or private place within the city. 
 
 Twenty-eighth —To prohibit, prevent and suppress horse-racing, immoderate 
 riding or driving in the streets, and to authorize persons immoderately riding or 
 driving, as aforesaid, to be stopped by any person; to prohibit and punish the 
 abuse of animals; to compel persons to fasten their horses or other animals, 
 attached to vehicles or otherwise, while standing or remaining in the streets. 
 
 Twenty-ninth —To restrain and punish vagrants, mendicants, street beggsrs and 
 prostitutes. 
 
 Thirtieth —To regulate, restrain or prohibit the running at large of horses or 
 cattle, swine, sheep, goats and geese; and to authorize the distraining,, impounding 
 aad sale of the same, for the costs of the proceedings and the penalty incurred; 
 
LEGISLATIVE POWERS OF THE CITY COUNCIL. 
 
 29 
 
 j»ml to impose penalties on the owners thereof, for a violation of any ordinance in 
 relation thereto. To regulate, restrain and prohibit the running at large of dogs, 
 and to authorize their destruction when at large contrary to ordinance, and to im¬ 
 pose penalties on the owners or keepers thereof. 
 
 Thirty-first —To prohibit and restrain the rolling of l oops, flying of kites, or 
 any other amusements or practices tending to annoy persons passing on the streets 
 or sidewalks, or to frighen horses or teams ; to restrain and prohibit the ringing of 
 bells, blowing of horns or bugles, crying of goods, and all other noises, practices 
 and performances tending to the collecting of persons on the streets or sidewalks, 
 by auctioneers and others, for the purpose of business, amusement, or otherwise. 
 
 Thirty-second —To abate all nuisances which may injure or affect the public 
 health or comfort, in any manner they may deem expedient. 
 
 Thirty-third —To do all acts, and make all regulations which may be necessary 
 or expedient for the promotion of health and the suppression of disease. 
 
 Thirty-fourth —To compel the owner or occupant of any grocery, cellar, soap 
 or tallow chandlery, or blacksmith shop, tannery, stable, privy, sewer, or other 
 unwholesome or nauseous house or place, to cleanse, remove or abate the same, as 
 may be necessary for the health, comfort and convenience of the inhabitants. 
 
 Thirty-fifth —To direct the location and regulate the management of breweries, 
 tanneries, blacksmith shops, foundries, livery stables, and packing houses. To 
 direct the location and regulate the management and construction of, and restrain, 
 abate and piohibit within the city, and to the distance of one mile from the limits 
 thereof, distilleries, slaughtering establishments, establishments for steaming or 
 rendering lard, tallow, offal, and such other substances as may be rendered, and all 
 other establishments or places where any nauseous, offensive or unwholesome busi¬ 
 ness may be carried on. 
 
 Thirty-sixth —To regulate the burial of the dead; to establish and regulate one 
 or more cemeteries; to regulate the registration of births and deaths; to direct the 
 returning and keeping of bills of mortality, and to impose penalties on physicians 
 and sextons, and others, for any default in the premises. 
 
 Thirty-seventh —To provide for the taking and enumeration of the inhabitants of 
 the city. 
 
 Thirty-eighth —To erect and establish a work-house or house of correction ; make 
 all necessary regulations therefor, and appoint all necessary keepers and assistants. 
 In such work-house or house of correction may be confined all vagrants, stragglers, 
 idlers, and disorderly persons, who tna) 7 - be committed thereto by any proper officer, 
 and ail persons sentenced by any criminal court or magistrate in and for the city, 
 or for the county of Hancock, for any assault and battery, petit larceny, or other 
 misdemeanor, punishable by imprisonment in any county jail. And any person 
 who shall fail or neglect to pay any fine, penalty or cost imposed by any ordinance 
 of the city, for any misdemeanor, or breach of any ordinance of the city, may 
 instead of being committed to the county jail of Hancock county to be kept therein- 
 lubject to labor and confinement. 
 
 Thirty-ninth —To authorize and direct the taking up, and provide for the safe 
 keeping, and education for such period of time as may be deemed expedient of ail 
 children who are destitute of proper parental care, wandering about the streets, 
 committing mischief, and growing up in mendicancy, idleness and vice. 
 
 fortieth To fill up, drain, cleanse, alter, relay, repair and regulate any grounds, 
 lots, yards, cellars, private drains, sinks and privies; direct and regulate their con- 
 
30 
 
 CITY CHARTER. 
 
 struction, and cause the expenses thereof to be assessed and collected in the same 
 manner as sidewalk assessments. 
 
 Forty-first —To direct and control the laying and construction of railroad tracks, 
 bridges, turn-outs and switches, in the streets and alleys, and the location of depot 
 grounds within the city. To require that railroad tracks, bridges, turn-outs and 
 switches shall be so constructed and laid as to interfere as little as possible with 
 the ordinary travel and use of the streets and alleys; and that sufficient space shall 
 be left on either side of said tracks for the safe and convenient passage of teams 
 and persons. To require railroad companies to keep in repair the streets through 
 which their track may run, and to construct and keep in repair suitable crossings 
 at the intersections of streets and alleys, and ditches, sewers and culverts, when 
 the City Council shall deem necessary. To direct and prohibit the use and regu¬ 
 late the speed of locomotive engines within the inhabited portions of the city. To 
 prohibit and restrain railroad companies from doing storage or warehouse business, 
 or collecting pay lor storage. 
 
 Forty-second —The City Council shall have power to pass, publish, amend and 
 repeal all ordinances, rules and police registrations not contrary to the constitution 
 of the United States or of this State, for the good government, peace and order of 
 the city, and the trade and commerce thereof, that may be necessary or proper to 
 carry into effect the powers vested by this act in the corporation, the city gov¬ 
 ernment, or any department or officer thereof, to enforce the observance of all such 
 rules, ordinances and police regulations, and to punish violations thereof by fines, 
 penalties and imprisonment in the county jail, city prison or work-house, or both, 
 in the discretion of the couit or magistrate before whom conviction may be had. 
 But no fine or penalty shall exceed five hundred dollars, nor the imprisonment six 
 months, for any offence,, and such fine or penalty may be recovered, with costs, in 
 an action of debt ill the name of, or for the use of the city, before any court hav¬ 
 ing jurisdiction, and punishment inflicted. And any person upon whom any fine 
 or penalty is imposed shall stand committed until the payment of the same and 
 costs, and in default thereof may be imprisoned in the county jail, city prison or 
 work-house, or required to labor on the streets or other public works of the city, 
 for such time and m such manner as may be provided by ordinance. 
 
 ARTICLE VI. 
 
 OF ASSESSMENTS FOR OPENING STEETS AND ALLEYS. 
 
 Section 1. The City Council shall have power to open and lay out public 
 grounds or squares, streets, alleys and highways, and to alter, widen, contract, 
 straighten and discontinue the same: but no street, alley, or highway, or part 
 thereof, shall be discontinued or contracted, without the consent, in writing, of all 
 persons owning lands or lots adjoining said street, alley or highway. They shall 
 cause all alleys, streets, streets, alleys and highways or public squares or grounds 
 laid out by them to be surveyed, described and recorded in a book to be kept by 
 the Clerk, showing accurately and particularly the proposed improvements, and the 
 real estate required to be taken; and tie same when opened and made shall b« 
 public highways and public squares. 
 
ASSESSMENTS FOR STREETS AND ALLEYS. 
 
 31 
 
 Sec. 2. Whenever any street, alley or highway, public ground or square, is 
 proposed to be /aid out, opened, altered, widened or stiaightened, by virtue thereof, 
 and the amount of compensation can not be agreed upon, the City Council shall 
 give notice of their intention to appropriate and take the land necessary for the 
 same, to the owner thereof, by publishing said notice for ten days in the newspaper 
 publishing the ordinances of the city; at the expiration of which time they shall 
 choose by ballot three disinterested freeholders, residing in the city, as commission¬ 
 ers to ascertain and assess the damages and recompense due the owners of said real 
 estate respectively; and at the same time to determine what persons will be ben¬ 
 efited by such improvement, and assess the damages and expenses thereof on the 
 real estate to be benefited thereby, in proportion as nearly as may be to the benefits 
 resulting to each. A majority of all the Aldermen authorized by law to be elected 
 shall be necessaay to a choice of such commissioners. 
 
 Sec. 3. The commissioners shall be sworn faithfully and impartially to execute 
 their duties to the best of their abilities; before entering upon their duties they 
 shall give at least five days notice to all persons interested, of the time and place 
 of their meeting for the purpose of viewing the premises and making their assess¬ 
 ments—which notice shall be given personally,, if the owners are residents, and 
 known, or by publication in the newspaper publishing the ordinances of the city, 
 if nonresidents or unknown ; they shall view the premises, and in their discretion 
 receive any legal evidence, and may, if necessary, adjourn from day to day. 
 
 Sec. 4. If there should be any building standing in whole or in part upon the 
 land to be taken, the commissioners, before making their assessment, shall first 
 estimate and determine the whole value of such buildings to the owner, aside from 
 the value of the land, and the actual injury to him in having such building taken 
 from him; and secondly, the value of such building to him to remove. 
 
 Sfc. 5. At least five days notice shall be given to the owner of such determina¬ 
 tion, when known and a resident of the city, which may be given personally or in 
 writing left at his usual place of abode. If a nonresident or unknown, a like 
 notice to all persons shall be given in the newspaper publishing the ordinances of 
 the city. Such notice shall specify the buildings, and the award of the commis¬ 
 sioners, and shall be signed by them. It shall also require the persons interested 
 to appear by a day to be named therein, or give notice of their election to the City 
 Council, either to accept the award of the commissioners, and allow such building 
 to be taken, with the land condemned or appropriated, or of their intention to 
 receive such building, at the value set thereon by the commissioners, to remove. 
 If the owner shall agree to remove such building, he shall have such reasonable 
 time for that purpose as the City Council may direct. 
 
 Sec. 6. If the owner refuses to take the building at its appraised value to 
 remove, or fails to give notice of his intention as aforesaid, within the time pre¬ 
 scribed, the City Council shall have power to direct the sale of such building at 
 public auction, for cash, or on a credit, giving five days public notice of the sale. 
 The proceeds of the sale shall be paid to the owner, or deposited to his use. 
 
 Sf.c. 7. The commissioners shall thereupon proceed to make their assessment, 
 and determine and appraise to the owner the value of the real estate appropriated, 
 and the injury arising from the condemnation thereof, which shall be awarded to 
 such owner as damages, after making due allowance therefrom for any benefit 
 which such owner may derive from such improvement. In the estimate of damage 
 o the land, the commissioners shall include the yalue pf the buildings (if the 
 
€1TY CHARTER. 
 
 52 
 
 property of the owner of the land) as estimated by them as aforesaid, ]es3 the 
 proceeds of the sale thereof, or if taken by the owner at the value to remove, ia 
 that case theyr shall only include the difference between such value and the whole 
 estimated value of such building - . 
 
 Sec. 8. Jf the damage to any person be greater than the benefits received, or 
 if the benefit be greater than the damages, in either case the commissioners shall 
 strike a balance, and carry the difference forward to another column, so that the 
 assessment may show what amount is to be received or paid by such owners 
 respectively, and the difference only shall in any case be collectible of or paid to 
 them. 
 
 Sec. 9. If the lands and buildings belong to different persons, or if the land be 
 subject to lease or mortgage, the injury done to such persons respectively may be 
 awarded to them by the commissioners, less the benefit resulting to them respect¬ 
 ively from the improvements. 
 
 Sec, 10. Having ascertained the damages and expenses of such improvements, 
 as aforesaid, the commissioners shall thereupon apportion and assess the same, 
 together wuth the costs of the proceedings, upon the real estate deemed by them 
 benefited, in proportion to the benefit resulting from the improvements as nearly as 
 rnay be, and shall describe the real estate upon w T hich their assessments may be 
 made. When completed, the commissioners shall sign and return the same to the 
 City Council, w ; ithin thirty days of their assessment. 
 
 Sec. 11. The Clerk shall give ten days notice, by publication in the newspaper 
 publishing the ordinances of the city, that such assessment has been returned, and 
 on a day, to be specified therein, will be confirmed by the City Council, unless 
 objections to the same are made by some person interested. Objections may he 
 heard before the City Council, and the hearing may be adjourned from day to day. 
 The Council shall have power, in their discretion, to confirm or annul the assess¬ 
 ment, or refer the same back to the commissioners. If annulled, all the proceed¬ 
 ings shall be void ; if confirmed, an order of confirmation shall be entered directing 
 a warrant to issue for the collection thereof ; if referred back to the same or other 
 commissioners, they shall proceed to make their assessment, and return the same in 
 like manner, and give like notices as herein required in relation to the first; and all 
 parties in interest shall have the like notice and rights, and the City Council shall 
 perform like duties, and have like power, in relation to any subsequent determina¬ 
 tion, as are herein given in relation to the first. 
 
 Sec. 12. The City Council shall have pow r er to remove commissioners, and 
 from time to time appoint others in place of such as may be removed, or refuse* 
 neglect, or are unable, from any caum, to serve. 
 
 Sec. 13. The land required to be taken for the making, opening, widening, 
 straightening or altering any street, alley or ctlier highway, or public ground or 
 square, shall not be appropriated until the damages therefor, awarded to any owner 
 thereof, under this act, shall be paid or tendered to such owm'er or his agent; or in 
 case such owner or his agent can not be found within the city, deposited to his or 
 their credit, in some safe place of deposit, other than the hands of the Treasurer; 
 and then, and not before, such lands may be taken and appropriated for the pur¬ 
 pose required m making such improvements ; and such streets, alleys or other high¬ 
 ways, or public grounds, may be made and opened. 
 
 Sec. 14. When the whole of lot or parcel of land, or other premises under 
 lease or other contract, shall be taken for any of the purposes aforesaid, by virtu® 
 
ASSESSMENTS FOR STREETS AND ALLEYS, 
 
 33 
 
 of this act, all the covenants, contracts and engagements between landlord and 
 tenant, or any other contracting parties, touching the same or any part thereof, 
 shall, upon the confirmation of the report of the commissioners, respectively 
 cease, and be absolutely discharged. 
 
 Sec. 15. When part only of any lot, parcel of land, or other premises so un¬ 
 der lease or contract, shall be taken for any of the purposes aforesaid by virtue 
 of this act, all the covenants, contracts, arguments and agreements respecting the 
 same upon the confirmation of the report of the commissioners, shall be absolutely 
 discharged as to that part thereof so taken, but shall remain valid as to the residue 
 thereof and the rent, consideration and payments reserved payable and to be paid 
 for. or in respect to the same shall be so proportioned as that the part thereof justly 
 and equitably payable for such residue thereof, and no more, shall be paid or re¬ 
 covered, in any respect, of the same. 
 
 Sec. 16. Any person interested may appeal from any final order of the City 
 Council for opening, altering, widening or straightening any street, alley or other 
 highway or public ground, to the Circuit Court of Hancock county, by notice in 
 writing to the Mayor, at any time before the expiration of twenty days after the 
 passage of said final order. In case of appeal, the City Council shall make a re¬ 
 turn within thirty days after notice thereof, and the Court shall, at the next term after 
 return filed in the office of the clerk thereof, hear and determine such appeal, and con¬ 
 firm or annul the proceedings, from which judgment no appeal or writ of error 
 shall lie. Upon the trial of the appeal, all questions involved in said proceedings, 
 including the amount of damages, shall be open to investigation by affidavit or oral 
 testimony adduced to the Court; or upon application of the City or any party, 
 the amount of damages may be assessed by a jury in said Court, without formal 
 pleadings, and judgment rendered accordingly, and the ourthen of the proof shall, 
 in all cases be upon the City, to show that the proceedings are in conformity with 
 this act. 
 
 Sec. 17. In all cases where there is no agreement to the contrary, the owner or 
 landlord, and not the tenant or occupant, shall be deemed the person who shall and 
 ought to pay and bear every assessment made for the expense of any public im¬ 
 provement. When any such assessment shall be made upon or paid by any person 
 when by agreement or by law, the same ought to be borne or paid by any other 
 person, it shall be lawful for the one so paying to sue for and recover of the persons 
 bound to pay the same, the amount so paid with interest. Nothing herein contained 
 shall in any way impair or affect any agreement between landlord and tenant, or 
 other person respecting the payment of such assessment. 
 
 Sec. 18 . The City Council may by ordinance make any changes they may deem 
 advisable in the proceedings herein prescribed for ascertaining the damages and 
 injury occasioned to any person or real estate, by reason of the condemnation of such 
 j-eal estate, or any real estate upon which any buildings may be situated, in whole 
 or in part., and the assessment of such damages and injury upon persons or real estate 
 benefitted by the improvement, and in all such other .respects as experience may 
 suggest. 
 
 Sec. 19. When any known owner or other person, having an interest in any 
 real estate, residing in the city or elsewhere, shall be an infant, and any proceed¬ 
 ings shall be had under this act, the Judge of the Circuit Court of Hancock county , 
 th« County Judge of said county, or any Judge of the Supreme Court may, upon 
 the application of the City Council, or such infant, or his next friend, appoint a 
 3 
 
 / 
 
34 
 
 CITY CHARTER. 
 
 guardian for such infant, taking security from such guardian for the faithful exe¬ 
 cution of such trust; and all notices and summonses required by this act, shall be 
 served on such guardian. 
 
 ARTICLE VII. 
 
 PUBLIC IMPROVEMENTS AND ASSESSMENTS THEREFOR. 
 
 ' ' • ■ I \ 1 ' ,• . / 
 
 Sec. 1. The City Council shall have power from time to time, to cause any 
 slreet, alley, avenue or other highway, to be graded, regraded, leveled, paved or 
 planked, and keep the same in repair, and alter and change the same. 
 
 Second. To cause side and cross walks, main drains and sewers, and private 
 drains to be constructed and laid, relaid, cleansed and repaired, and regulate the 
 same.! 
 
 Third. To grade, improve, protect and ornament any public square or other 
 public ground, now or hereafter laid out. 
 
 Fourth. The City Council shall have power to grade, gutter, macadamise or 
 pave any street, lane avenue, alley or other highway, within the limits of said city, 
 and to charge not more than one-half the expense thereof to the owners or holders 
 of lots or real estate, in front of which any such grading, guttering or macadam¬ 
 izing may be done by said city. And whenever the City Council desire to charge 
 the owners or holders of lots or real estate fronting on, or adjoining any street, lane, 
 avenue, alley, or other highway, with any part of the expense of grading, guttering, 
 paving and macadamizing such street, lane, avenue alley, or other highway in front 
 of or adjoining said property, they shall ascertain froir the report of the street su¬ 
 pervisor or otherwise, the cost of guttering, grading, paving or macadamizing any 
 such street, lane, avenue, alley or other highway in front of or adjoining any such 
 lot or real estate, and when the same is ascertained, they may by order, resolution 
 or otherwise, charge an amount not exceeding one half of the cost of the same to 
 the lot or real estate, and the owner or owners or holders of any such lot or lots or 
 real estate,respectively, and may collect the amount so charged of the owners or 
 boldef of the same, by suit in the corporate name of the City as for money paid 
 and laid out for his use, at his,request, jn any Court of competent jurisdiction. 
 And the City Council may by order, resolution or otherwise, also levy an annual 
 tax on any lot or lots and real estate in fiont of which any such guttering, paving, 
 grading or macadamizing may he done respectively, not exceeding five per cent, 
 per annum on the assessed value of such lot or lots or real estate, until the estimated 
 amount of the expense of such grading, guttering, paving and macadamizing so 
 charged to any such lot or lots, or real estate respectivey is all paid and collected, 
 or such proportion thereof as the said City Council shall require said lot or real 
 estate owners to pay, not to exceed one half of the cost of guttering, paving, grad¬ 
 ing and Macadamising of any such street, lane, avenue or alley in front of, or ad¬ 
 joining to the same. 
 
 Sec. 2. That for the purpose of establishing a system of sewerage and drain¬ 
 age, the Ciiy Council may have power to cause the City to be laid off in districts 
 to be drained by principal and lateral or tributary sewers or drains, having refer¬ 
 ence to a general plan of drainage by sewers and drains for the whole city, and 
 number and record the same. 
 
ASSESSMENTS FOR PUBLIC IMPROVEMENTS. 
 
 35 
 
 Sf.c. 3. That whenever a majority in number of the owners of real estate with¬ 
 in any district, shall petition the City Council for the construction of such drains 
 or sewers, in such district, the City Council shall have power to levy and collect a 
 special tax on the real estate within the district so drained, not to exceed ten mills 
 to the dollar per annum, on the assessed value thereof, for the purpose of construct¬ 
 ing such sewers and drains, which tax shall be annually levied and collected as 
 other city taxes by law, and shall constitute a lien on the real estate in the district 
 in which it is assessed, and the City Council shall have power to provide for the 
 construction and letting of such sewers and drains, or such parts thereof as they 
 shall deem necessary; and may, from time to time, extend, enlarge, or alter the 
 same, upon such terms and conditions as they shall deem necessary, and the City 
 Council shall have power to borrow money for the construction of such sewers 
 and drains, payable in principal and interest from the special tax collected in such 
 districts ; or the City Council may apportion the estimated cost of such drains and 
 sewers, and collect the same by a series of annual assessments. But no ordinance 
 creating such debt, special tax or apportionment shall be repealed or altered until 
 the debt created thereby shall have been paid. 
 
 Sf.c. 4. In all cases where expenses may be incurred in the removal of any 
 nuisance, the City Council may cause the same to be assessed against the real es¬ 
 tate chargeable therewith, in the same manner prescribed in the next section. 
 Such expenses may be likewise collected of the owner or occupant of such prem¬ 
 ises in a suit for money expended to his or their use, and in case the same should 
 not be chargeable to any real estate, suit may in like manner be brought for such 
 expenses, against the author of such nuisance, if known, or any person whose duty 
 it may be to remove or abate the same. 
 
 Sec. 5. The City Council shall have power to compel the owners of lots or 
 ground, fronting or adjoining any private or public alley, to keep the same clean, 
 and if necessary to direct the same to be paved, planked or otherwise, and the 
 costs thereof to be assessed and collected in the same manner as sidewalk assess¬ 
 ments. 1 - . . 
 
 Sec. 6 . All owners or occupants of lots or lands in front of, or adjoining, or 
 upon whose premises the City Council shall order and direct sidewalks or private 
 drains communicating with any main drain to be constructed, graded, repaired, re- 
 laid or cleansed, or shall declare any such land or lots to be nuisances, and order 
 the same to be graded, filled up and drained, or otherwise improved, shall, make, 
 grade, repair or relay such sidewalk, or make, repair or cleanse such private 
 drain, or grade, fill up, drain or otherwise improve such lot or land, at their own 
 cost and charges within the time and m the manner prescribed by the City Council, 
 by order, resolution or otherwise ; and if not done within the time and in the manner 
 prescribed, the City Council may cause the same to be constructed, repaired, relaid, 
 cleansed, filled up, graded, drained or otherwise improved, and assess the expenses 
 thereof, by an order to be entered in their proceedings, upon the lots and lands 
 respectively, and collect the same as other taxes on real estate are collected in 
 other cases. A suit may also be maintained against the owner or occupant of such 
 premises, for the recovery of such expenses, as for money paid and laid out to his 
 use at his request. Provided , however, that the City Clerk shall give notice of the 
 time within, and the manner in which any such duty labor is required to be done 
 or performed, by ordinance, order or resolution of the City Council, by publishing 
 an advertisement in some newspaper printed in said City, and a copy of said ad- 
 
CITY CHARTER. 
 
 36 
 
 vertisement, with a certificate of the publisher thereto attached shall be received 
 as evidence in all courts of this State, of the fact of such notice being given. 
 
 Sec. 7. All taxes and assessments levied or assessed on any real estate under 
 the provisions of this article, shall be extended and set down by the city Clerk in 
 a separate column on the assessment list for the current year, opposite to such real 
 estate, and shall be collected in all respects as other taxes in said assessment list, 
 and in case any of said real estate is sold for taxes, the deeds to the purchaser of 
 the same shall be made and acknowledged by the City Clerk, as in other cases of 
 sales for taxes, and shall be evidence of the same facts as deeds made to purchas¬ 
 ers of property for other taxes under the next article of this act, and shall have the 
 same force in all respects. Provided, however , that if any taxes or assessments 
 authorized to be levied or made by the provisions of this article, are not levied and 
 made by the City Council, by the tenth day of August in each current year, then, 
 and in that case, the Clerk shall extend the same on the assessment list for the next 
 current year. 
 
 Sec. 8. All taxes and assessments levied under and by virtue of the provisions 
 of this article shall be a lien upon the land or real estate upon which the same are 
 
 levied, from and after the time the same are levied, until the same are collected 
 and paid. 
 
 ARTICLE VIII. 
 
 COLLECTION OF TAXES AND ASSESSMENTS. 
 
 Section 1 . The City Council shall have power to levy and collect annually, 
 taxes not exceeding five mills to the dollar on the assessed value of all real and 
 personal estate and property within the city of Warsaw, and all personal property 
 of the inhabitants thereof, made taxable by the laws of the state for state purposes, 
 to defray the general and contingent expenses not herein otherwise provided for, 
 and to pay the same annual interest on internal improvement bonds, heretofore is¬ 
 sued, and which may be hereafter issued, under the provisions of this act, which 
 taxes shall constitute the general fund. 
 
 Sec. 2. To annually levy and collect taxes on all property, both real and per¬ 
 sonal, within the limits of said city, subject to taxation, and all personal property 
 of the inhabitants thereof, to pay the principal and interest which has accrued or 
 which may hereafter accrue upon any bonds which may have been issued or which 
 may hereafter be issued, by the said city as subscription to the capital stock of any 
 railroad company, which tax shall be deemed a special tax, and payable in gold 
 and silver only, and the City Council shall pass no ordinance or resolution incurr¬ 
 ing or creating a debt, without at the same time making provisions for the levying 
 a tax sufficient to meet the payment of the interest accruing thereon when payable. 
 
 Sec. 3. The City Council in levying the tax for the general fund of said city, 
 as provided in section first in this article, shall annually set apart a sufficient por¬ 
 tion thereof to pay the interest which has accrued or may accrue, on any internal 
 improvement bonds which have heretofore or may hereafter be issued by said city, 
 and which portion of the general revenue, when so set apart, shall be deemed a 
 special tax and payable in gold and silver only, and shall be carried out in a sepa¬ 
 rate column in the list of the Collector, and by him collected for that purpose, and 
 
COLLECTION OF TAXES. 
 
 37 
 
 shall not be subject to or by said City Council appropriated for any other purpose 
 whatever, nor shall any other special lax, authorized to be levied by the provis¬ 
 ions of this act, be subject to be used or appropriated by said City Council, or any 
 of the officers thereof for any other purpose than the particular one for which the 
 same was levied and collected, and any contract made with any person or persons, 
 or body politic, in respect to any of the moneys arising from any special tax, au¬ 
 thorized under this act, or any payments made for any indebtedness whatever, ex¬ 
 cept for the purpose for which the same was so raised, shall be absolutely void ; 
 and the moneys so paid, used or loaned may be recovered back by suit in any court 
 of competent jurisdiction, from the person or persons or body politic receiving the 
 same by the holders of the interest coupons, whenever the same shall become due, 
 or by any person or persons who would have been entitled to the same, or any part 
 thereof if appropriated to the objects herein expressed, in such sum or sums as he 
 or they may at the time be respectively entitled to receive out of said special tax or 
 taxes. 
 
 Sec. 4. The City Council shall have the power to levy and collect annually, 
 not exceeding two and one-half mills on each dollar of the assessed value of all 
 real and personal property within the limits of said city subject to taxation, and on 
 all personal property of the inhabitants thereof, to pay the principal and interest 
 due or hereafter to become due, on all the bonds heretofore issued for the purpose 
 of constructing a school house in said city, known as “School House Bonds,” 
 issued by virtue of an act entitled an act to amend an act to incorporate the City 
 of Warsaw, approved February 7th, a. d., 1857, which said bonds are hereby de¬ 
 clared legal and binding on said city until the same are all paid or otherwise dis¬ 
 charged by the holders thereof, which said tax shall be deemed a special tax, and 
 payable in gold and silver only. 
 
 Sec. 5. The City Council of said city shall have power annually to elect an 
 assessor or assessors, and fix their compensation, and in case of death to elect 
 another or others, and in case of their neglect or inability to perform his or their 
 duties, to remove the same, and to elect another or others. And the Assessor or 
 Assessors elected to fill the place of any Assessor or Assessors so removed, deceas¬ 
 ed or resigned, shall have the same power and perform the duties as required by 
 the original Assessor or Assessors. 
 
 Sec. 6. The City Council shall have power annually to elect a Collector or 
 Collectors, and in case of death, to elect another or others, and in case of neglect, 
 resignation or inability to perform his or their duties, to remove the same, and 
 elect another or others, and the Collector or Collectors elected to fill any vacancy, 
 shall have the same powrnr and perform the same duties required of the Collector, 
 whose office was so made vacant. 
 
 Sec. 7. The City Council shall have power to exempt ary species of property 
 from taxation under this act, which is exempt from state tax under the law r s of this 
 state. 
 
 Sec. 8. The words “ personal property ” as used in this act, shall be held to 
 mean all moneys, credits, investments in bonds, stocks, joint-stock companies, choses 
 in action, and all other property other than real property, whether animate or 
 inanimate, subject to ownership; and the words personal estate shall have the same 
 meaning, when used in this act, as the w r ords personal property. 
 
 Sec. 9. The term “oath” whenever used in this act, shall be held to mean oath 
 or affirmation. Every word used in this act importing the masculine gender, may 
 
38 
 
 CITY CHARTER. 
 
 extend and be applied to females as well as males. Every Word in this act import¬ 
 ing the singular number, may extend and be applied to the plural as well as the 
 singular number. Whenever the words tracts, lots and blocks are mentioned in 
 this act, it shall be held to apply as well to parts of tracts, parts of lots and parts 
 of blocks, as to whole tracts, lots and blocks. 
 
 Sec. 10. The words real property, whenever used in this act, shall be held to 
 mean real estate. 
 
 Sec. 11. The Assessor shall in each year make an assessment of the taxable 
 property, according to his best judgment, of the value thereof, and shall make out 
 a list of the same, showing the names of the owners, when they «an be ascertained, 
 a description of the property, whether real or personal, assessed to each, and the 
 amount of his valuation of the same. 
 
 Sec. 12. The description shall be in numerical order, in case of real estate, so 
 far as practicable: and in case the present owner of any real estate cannot be 
 ascertained, the same shall be assessed in such numerical order as “unknown.” 
 But in case the present owner of any real estate is ascertained by listing or other¬ 
 wise, and whenever any owner of real estate shall neglect or refuse to list the same, 
 it shall be the duty of the Assessor to perform such listing in his or their names, 
 then such real estate shall be assessed to the owner or owners thereof respectively. 
 The Assessor shall subdivide lots by correct descriptions when the same are owned 
 in parts by different individuals, and when he can ascertain such ownership and de¬ 
 scription with reasonable certainty, and shall assess to each, his part only. 
 
 * Persons residing in the City shall deliver to the Assessor a list of their property, 
 both real and personal, on or before the first day of July in each year. The Asses¬ 
 sor shall also, in cases where such list is not furnished or is not satisfactory, call 
 upon each tax-payer when practicable, and request a list of his or her property 
 subject to taxation by the city, and assess the same. 
 
 Sec. 13. The Assessor shall have power to examine any person under oath, 
 touching the amount and value of the real and personal property which the person 
 is required to list, and if any person shall swear falsely, he or she shall be deemed 
 guilty of perjury, and liable for the same under the criminal law of the state, as in 
 other cases of perjury, and in case of the refusal of any person to swear or affirm, 
 the Assessor shall be governed in his assessment by the best information he can ob¬ 
 tain, and his own judgment. 
 
 Sec. 14. The Assessor or Assessors, before entering upon the duties of his 
 office, shall take and subscribe before some Justice of the peace, or Police Mag¬ 
 istrate, an oath or affirmation as near as may be in the following form: “ I, -- 
 
 -, do solemnly swear, (or affirm as the case may be,) that I will faithfully, 
 
 diligently and impartially perform all the duties required of me by law as Assessor 
 of the City of Warsaw, and especially that I will value and assess for taxation, to 
 the several owners thereof, as far as the same can be ascertained, all property, 
 
 real and personal which is subject to taxation in said-according to my 
 
 best judgment, at its true value, in accordance with the provisions of the Constitu¬ 
 tion of the State of Illinois.” 
 
 Sec. 15. The Assessor shall make the assessment hereinbefore provided for, be¬ 
 tween the first day of May and the first day of August in each year, and shall on 
 or before the last named day, return a complete assessment list into the office of 
 the City Clerk, there to remain for public inspection for the period of fourteen 
 days, during which time all persons feeling agriev«d may file with the City Clerk 
 
COLLECTION OF TAXES. 
 
 39 
 
 their complaint in writing, briefly setting forth wherein they deem themselves 
 agrieved by said assessment, and describing the property of the assessment of which 
 they complain. 
 
 Sec. 10. The Assessor shall upon said return being made, give notice in some 
 public newspaper printed in the City of Warsaw, that the assessment for that year 
 is completed and deposited in the City Clerk’s office, and will there remain for the 
 period of fourteen days for public inspection, and reques* all persons feeling agriev- 
 ed, to file their complaint aforesaid before the expiration of said period, with the 
 City Clerk: Provided, however, that the City Council may extend the time for 
 making the return, and in case the time is extended, such notice shall be given, and 
 complaints filed after said return is made for the same length of time, and in the 
 same manner as if said return had been made on the first day of August. 
 
 Sec. 17. Sc soon as practicable after the expiration of the period mentioned 
 for inspection of said assessment and filing complaints against the same, the City- 
 Council shall meet, and the City Clerk shall lay before the Council said assessment 
 list, together with all complaints aforesaid, touching the same. And the Council, 
 together with the Assessor, if practicable, carefully examine all complaints filed, 
 and shall make such alterations and amendments in said assessment list as shall be 
 deemed just and equitable. They shall also cause any additions to be made to said 
 list, of property found to be omitted or which may not have come to the knowledge 
 of the Assessor, and if in any event any real estate shall be omitted for any year 
 or years, the same, when ascertained, shall be equitably assessed, and the back 
 taxes thereon collected with the taxes of any current year. The City Council 
 shall cause all errors in said list to be corrected so far as practicable, and the total 
 amount of taxeble property to be ascertained as near as can be, and the same to be 
 set down at the end of said list. The said assessment list w r hen examined and cor¬ 
 rected as aforesaid, shall be certified to by the Assessor, as near as may he in the 
 following form : (< I do certify that the foregoing assessment list for the City of 
 
 Warsaw, for the year-, contains a true assessment cf all the taxable property 
 
 within said City, for the said year.-—— City Assessor.” And shall 
 
 file said assessment list with the City Clerk, and shall take from said Clerk a re¬ 
 ceipt for the same, showing the total amount of taxable property-, which receipt 
 he shall file with the City Treasurer. 
 
 Sec. 18. The City Council shall, as soon as practicable after the said list is 
 corrected and the amount of taxable property ascertained, proceed to levy such a 
 sGm or sums of money as may be sufficient for the several purposes for which 
 taxes aie authorized to be levied, not exceeding the authorized per centage, particu¬ 
 larly, specifying the purposes for which the same are levied, which levy shall be 
 recorded in the records of the. city, and shall be and form a cart thereof. 
 
 Sec. 19. All taxes and assessments, gener al and special, levied or assessed by 
 the City Council under this act, shall be a lien upon the real estate upon which the 
 same may’ be levied, imposed or assessed, for two years from ami after such levy, 
 and on personal property from and after the delivery of the assessment list or roll 
 to the collector for collection thereof until paid, and no sale or transfer shall affect 
 tne lien; any personal property belonging to the debtor may be taken and sold for 
 the payment of taxes due from said debtor on real or personal estate, and the real 
 estate shall be liable for the taxes on personal property, in case of removal or when 
 the tax can not be made out of the personal property, in the same manner as is 
 prescribed by the laws of the State: Provided, that in case the collection of any 
 
40 
 
 CITY CHARTER. 
 
 assessment shall be delayed by injunction or other special.proceedings, the same 
 shall continue a lien, unless set aside, upon the real estate, for the period of two 
 years from and after the final disposition of such injunction or other judicial pro¬ 
 ceeding. 
 
 Sec. 20. The City Clerk shall, within thirty days after the levy of the tax by 
 the City Council, make out a fair copy of said assessment list, and rule therein 
 separate columns, in which the tax levied shall be respectively set down opposite 
 the name of the person or such real estate subject thereto, and shall attach to said 
 assessment list a warrant, signed by the Mayor or Acting Mayor and Clerk, with a 
 corporate seal thereto attached, authorizing the Collector to collect the sums of 
 money as levied in said assessment roll or list, and pay the same over to the City 
 Treasurer and take his receipt for the same, and shall deliver the same to the Col¬ 
 lector, and take the Collector’s receipt for said assessment list, showing the total 
 amount of taxable property, and the total amount of taxes therein, which receipt 
 he shall file in his office. 
 
 Sec. 21. The Collector, before receiving said assessment list, shall give bond 
 with security to the satisfaction of the City Council to the city of Warsaw, in a 
 penalty of double the amount of the whole taxes in said list, and conditioned for 
 the faithful discharge of his duties in the collection of the city taxes, and for the 
 payment thereof by him to be collected into the city treasury, which bond shall be 
 filed with the City Clerk. 
 
 Sec. 22. The Collector shall, upon the receipt of said assessment list, forthwith 
 proceed to the collection of the taxes therein specified, and for that purpose shall 
 call at least once on the person taxed, or at his usual place of residence or business, 
 if in the city, and shall demand payment of the taxes charged to him on his prop¬ 
 erty, and the oath of the Collector shall be allowed in all cases to prove such 
 demand: Provided , however, that the Collector may give notice of the time and 
 place when and where he w r ill attend with the tax list and receive taxes, which 
 notice shall be published in some newspaper in said city, and shall be published 
 twice; and such notice shall be deemed a demand, and a neglect to pay taxes for 
 twenty days thereafter shall be deemed a refusal. 
 
 Sec. 23. In case any person shall refuse or neglect to pay the tax imposed on 
 him, the Collector shall levy the same by distress and sale of the goods and chat¬ 
 tels of the person who ought to pay the same: Provided , however , that the Collector 
 shall have power to collect said taxes, with interest and costs, by suit in the cor¬ 
 porate name of the city, and in any court of competent- jurisdiction, and no set-off 
 shall be allowed in any such suit. 
 
 Sec. 24. The Collector may, after demand and refusal as aforesaid, and before, 
 in case of probable loss to the city revenue of tax due the city, or any property, 
 real or personal, on said tax list, seize any personal property of the owner or any 
 person having listed or consented to the listing in his name, or any property which 
 has been duly listed bjr the Assessor, as hereinbefore provided, of such property of 
 sufficient value to satisfy the taxes and cost due thereon, and may from time to 
 time make such further seizure as may be necessary for that purpose. He shall 
 cause any property so seized to be advertised for sale ten days, by posting a notice 
 thereof in front of the City Clerk’s office, in the city, containing a description of 
 the property, and stating the time and place of sale thereof, or by publishing a 
 similar notice once in some newspaper published in said city, which notice shall be 
 published at least ten days before the day of sale, and on the day of sale shall sel! 
 
COLLECTION OF TAXES. 
 
 41 
 
 the same at public vendue, at the place named in said notice, to the highest bidder,, 
 and apply the proceeds to the satisfaction of the taxes and costs for which the 
 same was seized, after deducting five per centum for making such seizure and sale, 
 and shall pay the overplus, if any, to the owner thereof on demand. The said tax 
 list shall be a sufficient warrant for the Collector to make such seizure and sale; 
 and in all cases arising under this act, the said assessment list shall be evidence on 
 the part of the city. 
 
 Sec. 25. Any person may pay taxes on such portion of any real estate as he 
 may have claim to, provided he will furnish the Collector with a plain and certain 
 description thereof. Upon the payment of any tax to the Collector, he shall make 
 an entry in his tax list of the name of the person paying, and if the payment is 
 made on property, by different descriptions or in different parts or parcels from the 
 description thereof made by the Assessor, and shown by said tax list, he shall enter 
 a particular description thereof, and of the amount paid, and shall deliver to the 
 person paying a receipt stating the time of payment, by whom payment is made, 
 a correct and a plain description of the property paid on, the total amount paid, 
 and the year or years for which the taxes are paid. 
 
 Sec. 26. Alter having made due effort to collect the taxes due on said tax list, 
 and on or before the first day of January in each year, the Collector shall return 
 said tax list into the office of the City Clerk, there to be filed and remain, and shall 
 also at the same time make out and return to the City Clerk a delinquent list, truly 
 taken from said tax list of the taxes remaining unpaid thereon, and for which he 
 can find no personal property to satisfy the same and costs. The Collector shall 
 append to said delinquent list an affidavit as near as may be in the following form : 
 I do solemnly swear (or affirm, as the case may be) that the foregoing delinquent 
 list contains a true copy from the tax list of the city of Warsaw, for the year 1£ , 
 
 of the taxes remaining unpaid on said list, and for which I can find no personal prop¬ 
 erty to satisfy the same.-Collector. Which oath or affirma¬ 
 
 tion may be administered by any person qualified to administer oaths under the 
 Jaws of this State: Provided , however , that the City Council may extend the time 
 for the Collector to return for fifteen days. 
 
 Sec. 27. Upon the return aforesaid of said original and delinquent tax list, the 
 City Council shall, so soon as practicable, examine the same, and shall allow and 
 credit the Collector with all delinquent taxes in said delinquent ]jst contained, 
 which they shall be satisfied could not have been collected by due diligence, and 
 shall make final settlement with the Collector of the revenue aforesaid collected by 
 him. Upon the examination and settlement aforesaid, the City Clerk shall receive 
 and file the said delinquent tax list, and shall execute to the Collector his receipt 
 therefor, showing the total amount of taxes remaining unpaid on said delinquent 
 list, which receipt the Collector shall file with the City Treasurer, and the City 
 Clerk shall from thenceforth stand charged with the collection of said delinquent 
 taxes. 
 
 Sec. 28. The City Council may from time to time by order direct the Collector 
 to pay into the city treasury all taxes collected by him, or to make settlement 
 therefor with the City Council, and in case of default of the Collector in any mat¬ 
 ter «naterial to the security or collection of the city revenue under this act, the 
 City Council shall cause the Collector’s bond as aforesaid to be put in suit for such 
 default. 
 
 Sec. 29. The City Clerk shall give bond, with security to the satisfaction of 
 
42 
 
 CITY CHARTER. 
 
 the City Council, to the city of Warsaw, in a penalty of double the amount of 
 taxes remaining unpaid on the said delinquent tax list, and conditioned for the 
 faithful discharge of his duties as collector of the delinquent tax list, and for the 
 payment of the moneys collected thereon into the city treasury, which bond shall 
 be filed with the City Treasurer, and the City Clerk shall thereupon be authorized 
 to receive the taxes unpaid on said delinquent tax list, and shall have the same 
 power to collect the same by distress or otherwise in all respects that the Collector 
 had. 
 
 Sec. 30. The City Clerk shall, as soon as practicable after receiving said list, 
 publish an advertisement in some newspaper printed in the city of Warsaw, which 
 advertisement shall be published once, and shall be published at least twenty days 
 previous to the term of the county court of Hancock county, at which judgment 
 may be prayed, and said advertisement shall contain a list of the delinquent tracts* lots 
 and blocks within said city upon which the taxes remain due and unpaid, the names 
 of the owners if known, and the amount of taxes and costs due thereon, and the year 
 or years for which the same are due, and notice that he will apply to the county 
 court of said Hancock county, at the next term thereof, for judgment against said 
 tracts, lots and blocks for said taxes and costs, and for an order to sell said tracts, 
 lots and blocks, for the satisfaction thereof; and shall also give notice that on the 
 third Monday next succeeding the day fixed by law for the commencement of the 
 term of said court at which judgment may be rendered, all the tracts, lots and 
 blocks, for the sale of which an order shall be made, will be exposed to public sale 
 at the office of the City Clerk, in the city of Warsaw, for the amount of said taxes 
 and costs due thereon ; and the advertisement published according to the provisions 
 of this section, duly certified to by the publisher of the paper in which the same 
 shall appear, shall be deemed and taken to be sufficient legal notice, both of in¬ 
 tended application of the Clerk, as aforesaid, to the county court for judgment, 
 and also of the sale of said lots, tracts and blocks', under the order of said court. 
 
 Sec. 31. And if for anv cause the county court of said Hancock county shall 
 not be holden at the term at which judgment is prayed, the cause shall stand con¬ 
 tinued, or the County Judge may in his discretion continue the cause until the ntxt 
 regular term thereafter, and at the term to which said cause is continued the court 
 shall hear and determine the matter: Provided, however, that incase of the death 
 of the County Judge, or for any other cause the county court of said Hancock 
 county is not held at any term to which application shall be made for judgment, or 
 any term to which said cause shall be continued, then and in that case said cause 
 shall stand continued until the first regular term of said court shall be holden. 
 
 Sec. 32. On the first day of the term of the county court at which judgment 
 on delinquent tracts, lots and blocks is prayed, it shall be the duty of the City 
 Clerk to report to the County Clerk a list of all the tracts, lots and blocks within 
 the city of Warsaw, on which the taxes remain due and unpaid, to which list the 
 
 City Clerk shall append an affidavit, in the following form: I-, 
 
 Clerk of the city of Warsaw, county of Hancock, and State of Illinois, do sol¬ 
 emnly sw T ear (or affirm, as the case may be) that the foregoing is a true and correct 
 record of the delinquent tracts, lots and blocks within the city of Warsaw afore¬ 
 said, for the year or years therein set forth, on which the taxes have not been col¬ 
 lected ; that said taxes now remain due and unpaid, and that due notice of applica¬ 
 tion for judgment and of sale has been given as required by law. Said affidavit 
 shall be entered on the record at the bottom of said list, and signed by the City 
 
COLLECTION OF TAXES. 
 
 4S 
 
 Clerk. The oath may be administered by any justice of the peace, or the Clerk of 
 the county court. 
 
 Sec. 33. The court shall examine said list, and if defence or objection be 
 offered by any person interested in any of said tracts of land, lots and blocks, to 
 the entry of judgment against the same, the court shall hear and determine the 
 same in a summary manner, without pleadings, and shall pronounce judgment as 
 the rights of the case may be; and in case judgment is rendered in favor of the 
 city of Warsaw, thereon, shall direct the Clerk to make out and enter an order for 
 the sale of said lands, which o*der shall be substantially in the following form: 
 Whereas, due notice has been given of the intended application for a judgment 
 against said lands, and no owner hath shown good cause why judgment should not 
 be entered against the said lands for the taxes and costs due and unpaid thereon for 
 the year or years herein set forth: it is therefore considered by the court that 
 judgment be and is hereby entered against the aforesaid tracts, lots and blocks, in 
 the name of the city of Warsaw, for the sum annexed to each tract or parcel of 
 land, lots or blocks, being the amount of taxes and costs due severally thereon; 
 and it is ordered by the court that the said several Tracts of land, lots and blocks, 
 or so much thereof as shall be sufficient of each of them to satisfy the amount Of 
 taxes and costs annexed to them severally, be sold at the office of the City Clerk, 
 within and for the city of Warsaw, in the county of Hancock, and State of Illinois, 
 as the law directs. Said order shall be signed b) r the Judge, and shall have the 
 same effect as judgments and orders made by the circuit court. Persons owning 
 any of the tracts, lots or blocks included in said list, feeling themselves aggrieved 
 *7 any decision of the county court in such cases, shall have the right of appeal as 
 in other cases to the circuit court of Hancock county, by giving bonds and security 
 in double the amount of the taxes and costs charged on the tracts, lots and blocks 
 owned and claimed by them, which bond shall be payable to the city of Warsaw, 
 and approved by the County Judge. 
 
 Sec. 34. And in case any appeal shall be taken from the county court as afore¬ 
 said, it shall be the duty of the court in which the case is finally disposed of, if the 
 judgment be in favor of the city of Warsaw, to direct the time and place of sale 
 of said lands, tracts, lots and blocks. And the said lands, tracts, lots and blocks, 
 shall be sold on the day and at the place prescribed in said order, and such sale 
 shall be as valid and binding in all respects as if the said appeal had not been 
 taken, and the sale shall be conducted in the same manner, in all respects, as if no 
 such appeal had been taken. 
 
 Sec. 35. And the city of Warsaw may appeal from any decision of the county 
 court, the same as any person, but the city of Warsaw shall in no case be required 
 to give bond, in appealing from the decision of said court, made on application for 
 judgment for taxes. 
 
 Sec. 3G. The City Clerk shall, before the day of sale, make a correct record 
 of the lands and town lots, blocks and tracts, against which judgment is rendered in 
 any suit for taxes due thereon, and which shall set forth the name of the owner, if 
 known, the description of the property and the amount due on each tract or lot, in 
 the same order as said property may be set forth in the judgment book, and shall 
 attach thereto a correct copy of the order of the court, an 1 his certificate of the 
 truth of said record; which record so attached shall hereafter constitute the pro¬ 
 cess on which all real property shall be sola for taxes, as well as tie sales of said 
 property. When any 7 tract of land or town lot or block shall be sold, it shall be 
 
44 
 
 CTTY CHARTER. 
 
 the duty of the Clerk to enter on the record aforesaid the quantity sold and the 
 name of the purchaser, opposite such tract or lot, in the blank columns provided 
 for that purpose; and when any such property shall be redeemed from sale, the 
 Clerk shall enter the name of the person redeeming, the date and amount of 
 redemption in the proper columns. Said book shall be so ruled that there shall be 
 suitable blank columns for entering the quantity or portion of each tract or lot 
 that may be sold, the name of the purchaser, and such other columns as may be 
 deemed necessary. Said book shall be called the i( sale book.” 
 
 Sec. 37. Any person may pay the taxes and costs remaining unpaid on any 
 tract, block or lot in said delinquent list at any time before sale of the same, and 
 the Clerk shall, upon such payment, make the same entry in said delinquent list, 
 and deliver to the person paying the same a receipt therefor, as hereinbefore 
 required in cases of payment of taxes before judgment. 
 
 Sec. 38. In selling said tracts, lots and blocks in accordance with the order of 
 the county court, or any other court, the City Clerk shall offer the whole of each 
 tract, lot or block, as described in said list, for sale for the amount of taxes and 
 cost due thereon, and the person at such sale offering to pay the taxes and costs 
 charged on each tract or lot for the least quantity thereof, shall be the purchaser 
 of such quantity. When a portion of a lot, tract or block shall have been struck 
 off on any such bid, it shall be taken off the east side of said lot, tract or block, 
 extending the whole length of said side, provided said lots have a northerly or 
 southerly front, and from the north side, extending the whole length as aforesaid, 
 should said lots or blocks have an easterly or westerly front. 
 
 Sec. 39. At the time of sale mentioned in the notice aforesaid, the City Clerk 
 shall proceed and sell, at the place named in the said notice, the several tracts, lots 
 and blocks in said list described, upon which the taxes and costs, or any portion 
 thereof, shall remain unpaid, for the satisfaction of such taxes and costs, and if no 
 bid shall be made for any tract, lot or block offered of the amount of taxes and 
 costs thereon, the same shall be struck off to the city of Warsaw; and the said 
 city (which is hereby authorized to become the purchaser at any such sale) shall 
 be regarded as the purchaser thereof, and a certificate of purchase therefor shall 
 issue to said city in its corporate name, and said city shall in all other respects be 
 treated as oiher purchasers. The City Clerk shall receive all moneys at said sale, 
 and shall execute to the several purchasers certificates of purchase, stating the 
 name of the purchaser, the date of the purchase, the year or years for which the 
 taxes accrued, the amount for which said tract was purchased, and a plain descrip¬ 
 tion of the property purchased. 
 
 Sec. 40. The City Clerk shall pay over all moneys by him received for taxes, 
 by sale or otherwise, on said delinquent tax list, to the City Treasurer, and report 
 to the City Council the property sold to the city, and the amount of tax due thereon; 
 and the City Council shall allow him for tbe amount of tax aforesaid. As soon as 
 practicable after said sale, the City Council shall make a final settlement on said 
 delinquent tax list with the Clerk, and make a record of the same. 
 
 Sec. 41. If any real property shall be doubly assessed, or assessed before it 
 became taxable, and the taxes so erroneously assessed shall have been paid, the 
 City Council, on application of the person paying the same, or his agent, and being 
 satisfied of the facts in the case, shall cause said taxes to be refunded; and if any 
 Collector or Clerk shall receive the taxes properly due on any real property, and 
 said property shall afterwards be sold for the same taxes, he shall refund to the 
 
COLLECTION OF TAXES. 
 
 45 
 
 purchaser thereof, if application be made within two years from the date of said 
 sale, double the amount of the purchase. Any Collector or Clerk neglecting or 
 refusing to pay as required by this section, shall be liable to the holder of the cer¬ 
 tificate of purchase, or his legal representatives, in an action of debt, in any court 
 having competent jurisdiction of the amount of said debt. 
 
 Sec. 42. The Clerk may continue any sale of delinquent property under this 
 act from day to day, until all the tracts of land, lots and blocks contained in the 
 delinquent list, on which taxes and costs remain unpaid, shall be sold or offered 
 for sale. 
 
 Sec. 43. In all advertisements for the sale of lands for taxes, and in entries 
 required to be made by the Clerk or other officer, letters and figures may be used 
 to denote townships, ranges, sections, parts of sections, lots, blocks, parts of lots 
 and parts of blocks and surveys, and the amount of taxes and costs. And the 
 Clerk, in computing and extending the tax on any lot, tract, block or personal 
 property, shall in no case regard the fractions of a cent in said computation. 
 
 Sec. 44. If any Collector or City Clerk shall die, be removed from office, 
 resign, whose term of office shall expire before the completion of any and all 
 duties required of them respectively by the provisions of this act, his or their suc¬ 
 cessor or successors in office shall, and they are hereby authorized and required to 
 proceed and complete the same in every respect as fully as if such death, removal, 
 resignation or expiration of office had never taken place. 
 
 Sec. 45. The books and records belonging to the office of the City Clerk of the 
 city of Warsaw, or copies thereof certified by said Clerk, shall be deemed sufficient 
 evidence to prove the sale of any land for taxes, the redemption of the same, or 
 payment of taxes thereon. 
 
 Sec. 46. No sale of real estate for taxes shall be considered invalid on account; 
 of the same having been charged in any other name than that of the rightful 
 owner. 
 
 Sec. 47. The county court of Hancock county, in the State of Illinois, shall 
 have original jurisdiction of suits for taxes due on real property on application for 
 judgment against said real property, whether such court be sitting for the transac¬ 
 tion of county or probate business. 
 
 Sec. 48. Real property sold under any of the provisions of this act may be 
 redeemed at any time before the expiration of two years from the date of sale, on 
 complying with the following conditions: 
 
 First —Paying in specie to the City Clerk of said city of Warsaw double the 
 amount for which the same was sold, and all taxes accruing under the provisions 
 of this act after such sale, with ten per cent, interest thereon from the day of sale, 
 unless such subsequent tax has been paid by the person for whose benefit the 
 redemption is made, w'hich fact may be shown by the Collector’s receipt 
 
 Second —Paying in specie all the taxes legally levied or assessed on the same 
 under the laws of this State, other than those levied under this act, after such sale, 
 with ten per cent, interest thereon. But in no case shall the person or persons be 
 required to pay any tax other than the taxes levied under the provisions of this 
 act, unless the amount of the same, and the year or years for which the same were 
 levied, is entered on the sale book. 
 
 Sec. 49. If the real estate of any infant, femme covert, or lunatic be sold 
 under this act, the same may be redeemed at any time within one year after such 
 disability be remcved, upon complying with the conditions specified in the last pre- 
 
46 
 
 CITY CHARTER. 
 
 ceding section, which redemption may be made by themselves, their heirs, their 
 guardians or legal representatives. But in no ease shall any infant, femme covert, 
 or lunatic,, or their heirs, guardians or legal representatives be allowed to redeem 
 any greater interest or quantity of said land than they owned at the day of sale, 
 and shall pay in proportion to the whole amount due on said land, according to the 
 interest w T hich they redeem. 
 
 Sec. 50. The purchaser of any real property for taxes, under this act, his heirs- 
 or assigns, may present to the City Clerk the proper officer’s receipt, showing the 
 payment of any tax or taxes legally assessed on said real property subsequent to- 
 said purchase, except for the taxes assessed on the said property under the provis¬ 
 ions of this act the year or years for wffiich said tax was paid, and the amount 
 thereof; and it shall be duty of the City Clerk, on the presentation of such receipt, 
 to enter and set down in the sale book opposite said real estate, the amount and 
 the year or years for which said tax was paid. And any person wishing to redeem 
 said property, shall pay the tax so entered in the Sale book, with the interest 
 thereon. 
 
 Sec. 51. On the payment of the redemption money, as required by this act, the 
 City* Clerk shall execute to the person redeeming a certificate stating the date of 
 the sale, the year or years for the taxes of which the sale was made, and the 
 amount of tax or taxes that may be entered on the sale book as having been unpaid 
 subsequent to said sale, with the interest thereon, and the amount of taxes levied 
 under this act paid subsequent to said sale, and the interest thereon, the name of 
 the person to whom sold, the amount for which the same was sold, a plain descrip¬ 
 tion of the property sold and redeemed, the name of the person redeeming, and 
 the amount paid thereon, and shall make an entry opposite the property redeemed 
 in the sale book of the date of the redemption, the name of the person redeeming, 
 and the amount paid thereon. The person receiving such certificate shall pay to 
 the Clerk the sum of twenty-five cents. 
 
 Sec. 52. It shall be the duty of the City Clerk to make a special deposit with 
 the City Treasurer of all moneys received for redemption, except his fees, particu¬ 
 larly specifying on what property and from what bale the same was received, and 
 take the Treasurer’s receipt for the same, and file it in his office. And the City 
 Treasurer shall pay the amount so deposited to the purchaser, his heirs or*assigns, 
 on demand and presentation of the certificate of purchase. And the person re¬ 
 ceiving such redemption money shall receipt the same in a book kepi by the Treas¬ 
 urer for that purpose: Provided , however, that the presentation of the deed to said 
 property from the Clerk shall be deemed as the same as the presentation of the 
 certificate. And if any redemption money deposited with the Treasurer and not 
 called for at the expiration of his office, said Treasurer shall deliver it to his suc¬ 
 cessor in office, and take his receipt for the same. 
 
 Sec. 53. Any infant, femme covert, or lunatic, his, her or their heirs, guardians 
 or legal representatives, wishing to redeem any real property sold under this act, 
 after the expiration of twm years from the day of sale, shall make oath or affirma¬ 
 tion in writing, before the Clerk, of their right to redeem said property, setting 
 out their interest in said property, and the facts as to their disability at the time 
 the said property was sold, and of their right to redeem; which oath or affiimation 
 shall be considered prima facie evidence of such right, and the Clerk shall file said 
 oath or affirmation in his office, and for the taking and filing such oath or affirma¬ 
 tion he shall be allowed the sum of twenty-five cents, to be paid by the person or 
 
COLLECTION OF TAXES. 
 
 47 
 
 persons wishing to redeem. Any person swearing falsely in such oath or affidavit, 
 j-li ill be deemed guilty of perjury, and punished accordingly. 
 
 Sec. 54. After the expiration of two years from the day of sale of any real 
 property sold under the provisions of this act, for taxes, the purchaser thereof, his 
 heirs or assigns, shall be entitled to a deed therefor : Provided , the same shall not 
 have been previously redeemed, and 'provided such purchaser, bis heirs or assigns, 
 shall have complied with the provisions of the next section of this act. And the 
 City Clerk shall in such case, upon the surrender of the certificate of purchase 
 thereof, execute to such purchaser, his heirs or assigns, a deed of such property. 
 
 Sf.c. 55. The purchaser of any real property under this act for taxes, his heirs 
 or assigns shall, at least three months before the expiration of two years from the 
 time of sale, cause to be served on every person in possession of any such real 
 estate, a written notice of such purchase, in which notice he shall state when lie 
 purchased said tract, lot or block, a description of such tract, lot or block, and 
 when the time of redemption will expire. In like manner he shall serve on fhe 
 person or persons in whose name or names such tract, lot or block is taxed, a sim¬ 
 ilar written notice, if such person or persons shall reside in the county of Hancock, 
 and in the event that the person or persons in whose name or names such tract, lot 
 or block is taxed, do not reside in the county of Hancock, he shall publish kuch 
 notice m some newspaper printed in said county, which notice shall be inserted! 
 three times, the last time being not less than three months before the expiration of 
 two years from the time of the sale of such property. The purchaser, his heirs or 
 assigns shall, before a deed is executed to him, by himself or agent, make an affi¬ 
 davit of his having complied with this section, stating particularly the facts relied 
 on as such compliance; which affidavit shall be delivered to the City Clerk, and 
 by him filed in his office and entered on the records of his office, and carefully pre¬ 
 served among the files of his office, and W'hic’n record or affidavit shall be primci 
 facie evidence that such notice has been given. In case any person shall be com¬ 
 pelled, under this section, to publish a notice in a newspaper, then, before any per¬ 
 son who may have a right to redeem such real estate from such tax sale shall be 
 peimitted to redeem, he shall pay to the City Clerk the printer’s fees for publish¬ 
 ing such notice, and costs of being sworn to such affidavit, and of filing the same as 
 aforesaid. Provided , that the fee for such publication, where the notice does not 
 include more tnan four tracts or lots, shall be one dollar, and the printer shall be 
 allowed twenty cents for each additional tract contained in said notice. Any per¬ 
 son swearing falsely in the affidavit lequired by this section, shall be deemed guilty 
 of perjury and punished accordingly* 
 
 Sec. 56. In case the City of Warsaw is the purchaser of any real property for 
 taxes or assessments under this act, then and in that case, if the certificate of pur¬ 
 chase has not been assigned, the City Marshal of said City is hereby authorised 
 and empowered to give the notice, and make the affidavit required in the last prece¬ 
 ding section, in the name and on the behalf of said City. 
 
 Sec. 57. In case any purchaser, his heirs or assigns shall have lost, or for any 
 cause is unable to produce his certificate of purchase, the City Clerk shall execute 
 a duplicate certificate thereof, upon such person filing with him an affidavit of such 
 loss or inability to produce the same, and that the same is his rightful property. 
 
 Sec. 58. The certificates of purchase for taxes under this act, shall be assigna¬ 
 ble by endorsement on the back, and wdien so assigned, the assignee or assignees 
 •shall be vested with the same rights and shall be entitled to receive a deed of such 
 
48 
 
 CITT CHARTER. 
 
 premises in his own name and with the same effect as though he had been the ori¬ 
 ginal purchaser. 
 
 Sec. 59. And in case the City of Warsaw shall be the holder of any such cer¬ 
 tificate of purchase, then the same maybe assigned by the Mayor, by his endorsing 
 his name on the back of such certificate. 
 
 Sec. 60. All the notices and advertisements required to be published, or which 
 are authorized to be published under this article in any newspaper, the certificate 
 of the printer or publisher with a written or printed copy of such notice or adver¬ 
 tisement annexed, stating the number of times which the same shall have been pub¬ 
 lished, and the date of the first and last papers containing the same, shall be suffi¬ 
 cient evidence of th« publication therein set forth. 
 
 Sec. 61. All deeds made to purchasers or their heirs or assigns, of tracts, lots 
 or blocks of ground, sold for any tax or assessment by order of the City Council 
 of said City of Warsaw, shall, in all controversies and suits in relation to the right 
 of the purchaser, his heirs or assigns, to the premises thereby conveyed, be prima 
 facie evidence of the following facts : 
 
 First —That the taxes or assessments were not paid at any time before the sale. 
 
 Second ,-^-That the land conveyed had not been redeemed from the sale at the date 
 of the deed. 
 
 Third —That the purchaser has given the notice or notices at the time and in the 
 manner and upon the person or persons, and filed with the Clerk of the said City 
 the affidavit required by section 55 of this article, has in every respect complied 
 with section fourth of article ninth of the Constitution of this State, required of 
 purchasers at tax sales before being entitled to receive a deed therefor, and conclu¬ 
 sive evidence of the following facts: 
 
 First —That the land, tract, lot or block was gpbject to taxation or assessment 
 at the time the same was advertised for sale, and had been listed and assessed in the 
 time and manner required by law. 
 
 Second —That the land or lot was advertised for sale for the length of time and 
 in the manner required by law. 
 
 Third —That the land was sold for taxes or assessments, as stated in the deed. 
 
 Fourth —That the grantor in the deed was the purchaser. 
 
 Fifth —That the Collector has made his return in the time and manner required 
 by law. 
 
 Sixth —That the sale was conducted in the manner required by law; and in all 
 controversies and suits involving the title to land or lots claimed and held under and 
 by virtue of such deed, the person or persons claiming title adversely to the title 
 conveyed by such deed, shall be required to prove, in order to defeat the said title, 
 either that the taxes or assessments had been paid, or that the same had been 
 redeemed according to the provisions of this act, and that sueh redemption was 
 made for the use and benefit of the person having the right of redemption under 
 this act, but no person shall be permitted to question the title acquired by said 
 deed, without first showing that he, or the person from whom he derives his inter¬ 
 est, had title to the land or lot at the time of sale, or that the title was obtained 
 from the United States or of this State, after the sale, and that all taxes due upon 
 the lands or lots have been, paid by such person, or the person under whom he 
 claims title, as aforesaid. 
 
 Sec. 62. The deed made by the City Clerk, under this act, shall be signed by 
 the City Clerk, and on being properly acknowledged before some officer having 
 
COLLECTION OF TAXES. 
 
 40 
 
 'he right to take acknowledgments of deeds in this State, the same may be read in 
 evidence in any court in this State, without proof. 
 
 Sec. 63. There shall be allowed for collecting the city revenue, from taxes and 
 assessments, the following fees : 
 
 To the Collector and Clerk, on all moneys collected by them, three per centum. 
 
 To the Clerk, for copying the assessment roll and extending the taxes thereon, 
 three cents on each tract, and on personal property three cents on each person's 
 personal property, which items shall be paid by the city of Warsaw. And the 
 following fees, which shall be a charge on the real property on which the same 
 accrued as costs, and the person paying the tax on or purchasing said real property 
 at the sale, shall pay the same: 
 
 First —To the City Collector, for making out and returning delinquent tax list, 
 three cents on each tract, lot or block. 
 
 Second —To the printer, for publishing the delinquent tax list notice, on each 
 tract, lot and block, five cents. 
 
 Third —To the City Clerk, for making copy of delinquent list for printer, two 
 cents on each tract, lot or block. 
 
 Fourth —To the Clerk, for making out list of delinquent lands for judgment, 
 three cents on each tract, lot or block. 
 
 Fifth —To the Clerk, for making sale on each tract, lot or block, and entering 
 the same in sale book, eight cents. 
 
 And the following fees, which shall be paid by the person wishing the services : 
 
 To the City Clerk, for issuing duplicate certificate of purchase in case of loss, 
 twenty-five cents, for making each deed on tax sale and acknowledging the same, 
 one dollar. 
 
 And all other expenses arising out of the city revenue, from taxes or assessments, 
 shall be laid before the City Council by the person interested, to be acted on by 
 them, and allow’ed or disallowed, as shall to them appear equitable. 
 
 Sec. 64. The City Clerk is hereby authorized and empowered to make deeds to 
 the purchaser, his heirs or assigns, of any lots or real estate sold on the 22d day of 
 March, a. d. 1858, for taxes due the city of Warsaw for the current year of a. n. 
 1857, under the law’s of this State and the ordinances of the said city of Warsaw’, 
 unless said lots or real estate shall be redeemed according to the ordinances of said 
 city, and W’hen the said deed or deeds is properly acknowledged before some officer 
 empowered to take acknowledgment of deeds in this State, the same may be read 
 in evidence in all courts and places without further proof. 
 
 Sec. 65. The deeds made by the City Clerk under and by virtue of the power 
 conferred on said Clerk by section 64 of this act, shall be evidence of the same 
 facts and things in all courts and places as deeds made for property sold for taxes 
 under the provisions of this act, and the same validity shall be given to them in all 
 respects as may be given to deeds made for sale of lands for taxes under this act. 
 
 Sec. 66. The assessments and levy for taxes by the city of Warsaw, for the 
 current year a. d. 1858, are hereby legalized and made valid and binding in all 
 respects, and in case any real estate’is sold for taxes due the city of Warsaw for 
 the current year a. d. 1858, the sale shall be made by the City Clerk, and shall be 
 made and conducted in all respects in conformity to the provisions of this act; and 
 the same rights of redemption from such sale shall exist as from sales made under 
 the provisions of this act, and none other; and the purchaser shall give the notice 
 required by this act, and the Clerk, in case said property is not redeemed according 
 4 / 
 
50 
 
 CltY CHARTER. 
 
 to the provisions of this act, shall execute deeds to the purchasers, or their heirs or 
 assigns, as authorized by this act, and such deeds shall be evidence of the same 
 facts and in the same manner as deeds made for lands sold for taxes under the pro¬ 
 visions of this act; and this act shall extend to and apply in all respects to the col¬ 
 lection of taxes due the city of Warsaw for the current year, a. d. 1858, from and 
 after its passage, the same as if said taxes had been levied and assessed under the 
 provisions of this act. 
 
 Sec. 67. It shall be the duty of the Secretary of State, immediately after the 
 passage of this act, to furnish the said city of Warsaw a copy of the same, duly 
 
 certified to. 
 
 ARTICLE IX. 
 
 BOARD OF HEALTH. 
 
 Section 1 . The Board of Health shall consist of three or more commissioners, 
 to be appointed annually by the City Council; and the Mayor or presiding officer 
 of the City Council shall be President of the Board, and the City Clerk shall be 
 their Clerk, and keep minutes of its proceedings. 
 
 Sec. 2. It shall be the duty of Health officers to visit every sick person who 
 may he reported to them, as hereinafter provided, and to report With all convenient 
 speed their opinion of the sickness of such person to the Clerk of the Board, and 
 to visit and inspect all houses or places in which they may suspect any person to 
 he confined with any pestilential or infectious disease, or to contain unsound pro¬ 
 visions, or damaged or putrid animal or vegetable matter, or other unwholesome 
 articles, and to make report of the state of the same, with all convenient speed, to 
 the Clerk of the Board. 
 
 Sec. 3. All persons in the city, not residents thereof, who may be infected with 
 any pestilential or infectious disease, or all things which in the opinion of the 
 Board shall be infected by or tainted with pestilential matter, and ought to be 
 removed so as not to endanger the health of the city, shall by order of said Board 
 be removed to some proper place, not exceeding five miles beyond the limits of the 
 city, to be provided by the Board, at the expense of the person to be removed, if 
 able; and the Board may order any furnituie or wearing apparel to be destroyed, 
 whenever they may deem it necessary for the health of the city, by making just 
 compensation. 
 
 Sec. 4. The City Council shall have power to prescribe the powers and duties 
 of the Board of Health, and to punish bjrfme or imprisonment, or both, any refusal 
 or neglect to obey the orders and regulations of the Board. 
 
 Sec. 5. The Health officers may be authorized by the City Council, when the 
 public interest requires, to exercise for the time being such of the powers and per- 
 iorm such of the duties of the Marshal or Supervisor as the City Council may in 
 their discretion direct, and shall be authorized to enter all houses and other places, 
 private or public, at all times, in the discharge of any duty under this act or any 
 ordinance. 
 
 Sec. 6. Every person practising physic in this city, who shall have a patient 
 laboring under any malignant, infectious or pestilential disease, shall forthwith 
 
FIRE DEPARTMENT. 
 
 51 
 
 make report thereof in writing to the Clerk of the Board, and for neglect to do so 
 shall be considered guilty of a misdemeanor, and liable to a fine of fifty dollars, to 
 be sued for and recovered, with costs, in an action of debt in any court having 
 cognizance thereof, or before a justice of the peace, for the use of the city. 
 
 ARTICLE X. 
 
 FIRE DEPARTMENT. 
 
 Sf.ction 1. The City Council, for the purpose of guarding against the calami¬ 
 ties of fire, shall have power to prohibit the erection, placing or repairing of 
 wooden buildings within the limits prescribed by them, without their permission, 
 and direct and prescribe that all buildings within the limits prescribed shall be 
 made or constructed of fire-proof materials; and to prohibit the rebuilding or 
 repairing of wooden buildings within the fire limits, when the same shall have been 
 damaged to the extent of fifty per cent, of the value thereof, and to prescribe the 
 manner of ascertaining such damage. To declare all dilapidated buildings to be 
 nuisances, and to direct the same to be repaired, removed or abated in such manner 
 as they shall prescribe and direct; to declare all wooden buildings within the fire 
 limits which they may deem dangerous to contiguous buildings, or in causing or 
 promoting fires, to be nuisances, and to require and cause the same to be removed 
 or abated, in such manner as they shall prescribe. 
 
 Sec. 2. The City Council shall have power— 
 
 First —To regulate the construction of chimneys and flues so as to admit of 
 chimney sweeps or other mode of cleaning, and to compel the sweeping and clean¬ 
 ing of chimneys. 
 
 Second —To prevent and prohibit the dangerous construction and condition of 
 chimneys, flues, fire-places, stove-pipes, ovens, or any other apparatus used in or 
 about any building or manufactory, and to cause the same to be removed or placed 
 in a secure and safe condition, when considered dangerous. 
 
 Third —To prevent the deposit of ashes in unsafe places, and to appoint one or 
 more officers to enter into all buildings and enclosures to examine and discover 
 whether the same are in a dangerous state, and to cause such as may be dangerous 
 to be put in safe condition. 
 
 Fourth —To require the inhabitants to provide as many fire-buckets, and in such 
 manner and time as they shall prescribe, and to regulate the use thereof in times of 
 fire, and to require all owners and occupants of buildings to construct and keep in 
 repair wells or cisterns upon their premises. 
 
 Fifth —To regulate and prevent the carrying on of manufactories and works 
 dangerous in promoting or causing fires. 
 
 Sixth —To regulate, prevent and prohibit the use of fire-w T orks and fire-arms. 
 
 Seventh —To direct and prohibit the management of houses for the storing of 
 gunpowder and other combustible and dangerous materials within the city; to reg¬ 
 ulate the keeping and conveying of the same, and the use of candles and other 
 lights in stables and other like houses. 
 
 Eighth —To regulate and prescribe the manner and order the building of parapet 
 and partition walls and of partition fences. 
 
52 
 
 CITY CHARTER. 
 
 JSiinth —To compel the owners or occupants of houses or other buildings to have 
 scuttles in the roofs, and stairs or ladders leading to the same. 
 
 Tenth —To authorize the Mayor, fire wardens, or other officers of said city, to 
 keep away from the vicinity of any fire all idle and suspicious persons, and to com¬ 
 pel all officers of the city and all other persons to aid in the extinguishment of fires 
 and the preservation of property exposed to danger thereat, and in preventing 
 goods from being stolen. 
 
 Eleventh —And generally to establish such regulations for the prevention and 
 extinguishment of fires as the City Council may deem expedient. 
 
 Sec. 3. The City Council may procure fire engines and all other apparatus used 
 for the extinguishment of fires, and have the charge and control of the same, aul 
 provide fit and secure houses and other places for keeping and preserving the same, 
 and shall have power— 
 
 First —To organize fire, hook, hose, axe and ladder companies. 
 
 Second —To appoint, during their pleasure, a competent number of able and 
 reputable inhabitants of the city firemen, to take the care and management of the 
 engines and other apparatus and implements used and provided for the extinguish¬ 
 ment of fires. 
 
 Third —To prescribe the duties of firemen, and to make rules and regulations for 
 their government, and to impose reasonable penalties upon them for a violation of 
 the same, for incapacity, neglect of duty or misconduct, to remove them. 
 
 Fourth —The City Council shall have power to appoint a chief and assistant 
 engineers of the fire department, and they, with the other firemen, shall take the 
 care and management of the engines and other apparatus and implements provided 
 and used for the extinguishment of fires, and their powers and duties shall be pre¬ 
 scribed and defined by the City Council. 
 
 Sec. 4. The members of the City Council, and firemen, shall, during their 
 terms of service as such, be exempted from serving on juries, in the militia, or 
 working on the streets, or paying any tax for the same. The name of each fireman 
 shall be registered with the Clerk of the city, and the evidence to entitle him to 
 the exemption provided in this section shall be the certificate of the Clerk, under 
 the corporate seal, for the year in which exemption is claimed. 
 
 article XI. 
 
 SCHOOLS AND SCHOOL FUND. 
 
 Section 1. All of the territory lying within the corporate limits of the said 
 city cf Warsaw, with such other territory as may be hereafter incorporated with 
 and come under the jurisdiction of said city, is hereby erected into a common 
 school district, to be known as the “ Warsaw School District.” Whereas, by an 
 act approved February 7th, a. d. 1857, the limits of said city of Warsaw was 
 extended, embracing in said extension many of the persons under the age of twenty- 
 one years, inhabitants of the town of Wilcox, who had at that time, and still have, 
 a large fund for the support of common schools, arising from the sale of school 
 lands, invested in notes and mortgages; and Whereas, by said law extending said 
 limits no provision was made for any division of said school fund of said Wilcox, 
 
SCHOOLS AND SCHOOL FUND. 
 
 53 
 
 therefore, said city of Warsaw is hereby declared to be entitled to so much of said 
 funds as said children so annexed to said city and were taken from said town of 
 Wilcox bear to the whole number of persons under twenty-one years of age in 
 said town of Wilcox at the time of the passage of said act, viz., said 7th Febru¬ 
 ary, 1857. 
 
 Sec. 2. The Treasurer of said town of Wilcox and the Treasurer of said city 
 respectively, and their successors in office, are hereby appointed a committee, and 
 it is made their duty to ascertain the census of all the persons in said town of Wil¬ 
 cox under the age of twenty-one years on the 7th of February, 1857, and also the 
 number of such persons so annexed to said city of Warsaw and taken from said 
 town of Wilcox, and apportion the distributive share of said funds on hand at the 
 date last aforesaid. It is hereby made the duty of the Treasurer of the said town 
 of Wilcox, having charge of said school funds, and he is hereby authorized to pay- 
 over to the Treasurer of the city of Warsaw, for the use of schools in said city, so 
 much of said town of Wilcox’s school funds as the proportion such persons under 
 the age of twenty-one so annexed to Warsaw bear to the whole number of said 
 persons under twenty-one years of age in said Wilcox at the time of such annexa¬ 
 tion, and said fund, when so received by said city of Warsaw, shall be added to 
 the principal school fund thereof. 
 
 Sec. 3. It shall further be the duty of the said Treasurer of said town of Wil¬ 
 cox, who has charge of said school funds to pay over to the Treasurer of the city 
 of Warsaw, for the use of schools in said city, so much money received from the 
 State of Illinois, through the County School Commissioner for said Hancock 
 county, including State, school, college and seminary funds, as said Treasurer of 
 Wilcox received for the year 1858, on account of the scholars thus set off and 
 annexed to Warsaw, on demand. 
 
 Sec. 4. The care and superintendence of the common schools within the city 
 of Warsaw, together with the funds and estate, both real and personal, belonging 
 to and which may be conveyed to the Warsaw school district, shall devolve upon 
 the Board of Education (to be hereafter provided for) for said Warsaw school dis¬ 
 trict, and the City Council of the city of Warsaw shall have power to make all 
 law? and ordinances necessary and proper for the management of saiu common 
 schools, upon recommendation of the same by the Board of Education. 
 
 Sec. 5. The present Board of Education of said city shall hold their offices as 
 shall be determined by lot, to be made a matter of record on the minutes of pro¬ 
 ceedings of the City Council, one of them vacating his office at the termination of 
 the present fiscal year, and two annually thereafter, and the City Council shall 
 appoint two members of said Board, on their meeting for the appointment of other 
 city officers next to be holden, and two annually thereafter, and shall also fill all 
 vacancies as they from time to time shall occur, and the member so elected to fill a 
 vacancy shall hold his office as long as the person whose place he fills could have 
 held. Said Board of Education shall consist of six members, and they shall hold 
 their offices for the terms for which they shall severally be appointed, and until 
 others shall be elected and qualified in their stead. 
 
 Sec. 6. Said Board of Education in said city shall be deemed, and are hereby 
 created a body politic and corporate, by the name of the ‘‘Board of Education of 
 the Warsaw School District,” and by that name may sue and be sued, plea l and be 
 in pleaded, answer and be answered unto in all courts and places whatever, and to 
 have perpetual succession; they may exercise all the powers that school trustees of 
 
54 
 
 CITY CHARTER. 
 
 townships and boards of directors in the school districts generally throughout the 
 State now do by law, or may do by any law hereafter passed, except the right to 
 levy taxes for any purpose whatever. Said Board of Education may make, from 
 time to time all such rules and regulations for their own government and for the 
 government and management of the public schools in said city, and for the man¬ 
 agement of, custody and care of all the schools, school funds and school property 
 belonging at any time to said Warsaw school district, and shall from time to time 
 recommend to the City Council the passage of any laws in relation to the manage¬ 
 ment, government or control of the schools or school property belonging to said 
 district, and the City Council are hereby empowered to pass any such laws so 
 recommended, and they shall be binding and in force from such passage. 
 
 Sec. 7. All the estate, both real and personal, belonging to said city "Of War¬ 
 saw for the use of schools, and all the funds, notes, mortgages and moneys belong¬ 
 ing to said city for the use of schools, or which may hereafter come into posses¬ 
 sion or control of said city, is hereby declared to be fully vested in said Board of 
 Education, and in their successors in office forever, and said Board of Education 
 are empowered to receive conveyances of an}^ real estate or personal property; said 
 Board of Education shall fold stated and regular meetings once in each month, the 
 time to be designated by resolution of said Board. 
 
 Sec. 8 . The Clerk of the city of Warsaw shall be the Clerk of said Board of 
 Education. The Treasurer of the city of Warsaw shall be Treasurer of the school 
 funds. Said Board shall annually after the appointment or election of the new 
 member elect one of their number for President of the Board. 
 
 Sec. 9. Said President of the Board of Education is hereby specially empowered 
 to sell and convey by deed of quit claim, at private sale, to Isham Cochran or 
 other persons, the school house and lot on Webster street, in said city of Warsaw, 
 whenever ordered by said Board so to do. 
 
 Sec. 10. A majority of the said Board of Education shall constitute a quorum 
 for the transaction of all business. It shall be the duty of the Board of Education 
 to cause an abstract of the whole number of white children under the age of 
 twenty-one years in the Warsaw school district to he furnished to the School Com¬ 
 missioner of Hancock county on or before the second Monday of October annually, 
 and the School Commissioner of said Hancock county sHall annually pa) r to the 
 Treasurer of said Board of Education the proportion of school, college and sem¬ 
 inary fund to which the said Warsaw school district may be entitled, and said 
 Warsaw school district shall be entitled to their portion of said fund, according to 
 the school law of the State. 
 
 Sec. 11. The members of the Board of Education shall be allowed two dollars 
 each for every regular meeting of said Board that they shall attend. The Clerk of 
 said Board shall be allowed two dollars for each regular meeting of said Board, 
 and one dollar for each called or special meeting of said Board. 
 
 Sec. 12. The city of Warsaw is hereby authorized and empowered to levy a 
 special tax not exceeding one eighth of one per cent, per annum in each year on 
 all taxable property in said city: Provided , the same shall be recommended by the 
 Board of Education of said city, the proceeds of which said tax shall be wholly 
 applied to the support of common schools in said city, in the same manner as the 
 interest arising from the permanent school fund, and to no other purpose. Said tax 
 is to be collected in the same manner and under the same regulations that other 
 city taxes are collected. 
 
SCHOOLS AND SCHOOL FUND. 
 
 DO 
 
 Sec. 13. All actions and rights of action which have accrued to the city of 
 Warsaw for the use or benefit of the Warsaw school district, shall be vested in the 
 Hoard of Education of the Warsaw school district. 
 
 Sf.c. 14. Said Board of Education shall have the care and management of the 
 public schools, and may elect all such instructors as they may deem proper, and 
 remove the same whenever they consider it expedient. 
 
 Sec. 15. Tne Board of Education shall examine such person as proposes to 
 teach in the public schools in said district, in relation to his or her qualifications to 
 teach such things or branches as he may deem necessary, and if it shall be satisfied 
 that such person sustains a good moral character, is apt to teach, possesses good 
 governmental qualities, and is properly qualified to teach such branches as will be 
 required of him or her, it shall forthwith give such person a certificate of qualifi¬ 
 cation ; and the said Board of Education may revoke said certificate for gross 
 immorality, incompetency, or other adequate cause. 
 
 Sec. 16. The duties of teachers sdiall be prescribed by the Board of Education, 
 and made a matter of record by the Clerk of raid Board on the book containing 
 the proceedings of said Board. 
 
 t 
 
 TREASURER-HIS DUTIES. 
 
 Sec. 17. The Treasurer appointed by the City Council shall, before entering 
 upon his duties, execute a bond, with two or more freeholders, who shall not be 
 members of the Board, as securities, payable to the Board of Education for which 
 he is appointed Treasurer, with a sufficient penalty to cover all liabilities which 
 may be incurred, conditioned faithfully to perform all the duties of Treasurer of 
 the Board of Educition of the Warsaw school district, according to law. The 
 security shall be approved by at least a majority of the Board, and shall be de¬ 
 livered by one of the Board to the Clerk of the Board of Education. And .in all 
 cases where such Treasurer aforesaid is to have the custody of all bonds, mortgages, 
 moneys and effects denominated principal, and belonging to the Warsaw schoo 1 
 district, for which he is appointed Treasurer, the penalty of said Treasurer’s bond 
 shall be twice ihe amount of said bonds, notes, mortgages, moneys and effects. 
 And every Treasurer appointed subsequent to the first, as herein provided, shall 
 execute bond with security as is required of the first Treasurer. The bond required 
 in this section shall be in the following form, viz : 
 
 State of Illinois, > 
 
 Hancock County. ^ ss ’ 
 
 Know all nun by these presents, that we, A. B., C. D. and E. F., are held and 
 firmly bound, jointly and severally, unto the Board of Education of the Warsaw 
 
 school district, in the penal sum of-dollar*, for the payment of which 
 
 we bind ourselves, our heirs, executors and administrators firmly by these presents. 
 
 In witness whereof we have hereunto set our hands and seals, this-day 
 
 of-, A. D. 18 - . 
 
 The condition of the above obligation is such, that if the above bounden A. B., 
 Treasurer of the Board of Education of the Warsaw school district, as aforesaid, 
 shall faithfully discharge all the duties of said orfice, according to the laws which 
 now are or may hereafter be in force, and shall deliver to his successor in office all 
 
56 
 
 CITT CHARTER, 
 
 moneys, books, papers, securities and property in bis hands, as such Treasurer, 
 then this obligation to be void, otherwise to remain in full force and effect. 
 
 A. B. [seal.] 
 
 C. D. [seal.] 
 
 E. F. [seal.] 
 
 Approved and accepted by— G. H. ] 
 
 i. J, i 
 
 K. L. [ Board. 
 
 M. N. | 
 
 O. P. J 
 
 Sec. 18. Said Board of Education shall have power to prescribe the mode of 
 beeping the Treasurers books. 
 
 Sec. 19. The Treasurer of said Board shall loan upon the following conditions 
 all moneys wilich may come into his hands by virtue of his office, except such as 
 may be subject to distribution. The rate of interest shall be ten per cent.per annum,pay¬ 
 able triennially in advance. The time for which loans shall be made shall not be les3 
 t ban six months nor more than five years. For all sums not exceeding one hundred dol¬ 
 lars. loaned for not more than one year, security shall be given by mortgage or deed of 
 trust, on real estate unincumbered, in value double the amount loaned, with a con¬ 
 dition that in case additional security shall at any time be required, the same shall 
 be given to the Board of Education for the time being. Notes, bonds, mortgages, 
 and other securities taken for money or other property due or to become due to the 
 Board of Education for the Warsaw school district, shall be payable to the said 
 Board, by their corporate name; and in such name suits, actions and complaints, 
 and every description of legal proceedings may be had for the recovery of money, 
 the breach of contracts, and for every legal liability which may at any time arise 
 or exist upon which a right of aetion shall accrue to the use of this corporation. 
 Provided, however , that the principal of said school fund may be invested in any 
 bonds issued by the city of Warsaw, when the interest on said bonds will amount 
 to a larger sum than on the amount of said principal so invented, the above rate 
 herein provided, whenever the said Board of Education shall deem it to be for the 
 benefit of said schools so to invest, and all such bonds of said city so purchased 
 shall be deemed to be owing to said Board of Education, who may enforce the 
 payment of the principal and interest upon the same as they shall severally become 
 due, in their corporate name, although said bonds may by their terms be payable 
 to bearer or to any other persons, and said city shall be compelled to pay all inter¬ 
 est and the principal upon said bonds to said Board of Education, under all the 
 penalties and liabilities that might or could accrue to any other holder of said 
 bonds; and 'provided , also, that notes, bonds, mortgages and othei securities which 
 are payable to the city of Warsaw, for the use of the Waisaw school district, shall 
 be valid to all intents and purposes; and. suit may be brought on the same in the 
 name of the Board of Education, as aforesaid. The wife of the mortgager (if he 
 has one) shall join in the mortgage or deed of trust given to secure the payment of 
 the money loaned by virtue of the provisions of this act. 
 
 Sec. 20. Mortgages or deeds of trust to secure the payment of money loaned 
 under the provisions of this act, may be in the form prescribed by the 58th section 
 of f * An act to establish and maintain a system of free schools,” approved Feb.By 
 16, 1857, which mortgage shall be acknowiedged and recorded as is required by 
 law l'or other conveyances of real estate, the mortgager paying the expenses of ac- 
 
SCHOOLS AND SCHOOL FUND. 
 
 57 
 
 knowlpdgment and recording, and fifty cents as a fee to the Treasurer of the Board 
 of Education. 
 
 Sec. 21. Upon the breach of any condition or stipulation contained in said 
 mortgage, an action may be maintained and damages recovered as upon other cov¬ 
 enants ; and the same may be foreclosed in equity; but mortgages made in any 
 other forms to secure payment as aforesaid shall be valued as if no form had been 
 prescribed. In estimating the value of real estate mortgages to secure the payment 
 of money bound under the provisions of this law, the value of improvements liable 
 to be destroyed shall not be included. 
 
 Sec. 22. In all cases where the Board of Education shall require additional 
 security for the payment of money loaned, and such security shall not be given, 
 the Treasurer shall cause suit to be instituted for the recovery of the same, and alt 
 interest thereon to the date of judgment, Provided , that proof be made of the said 
 requisition. In the payment of debts by executors and administrators, those due 
 said Board of Education shall have a preference over all other debts except funeral 
 and other expenses attending the last sickness, not including the physician’s bill. 
 And it shall be the duty of the Treasurer to attend at the office of the Probate Jus¬ 
 tice, upon the proper day as other creditors, and have any debts due as aforesaid 
 probated and classed to be paid as aforesaid. 
 
 Sec. 23. If default be made upon the payment of interest due upon money 
 loaned by the Treasurer, or in the payment of the principal, interest at the rate of 
 fifteen per cent, per annum, shall be charged upon the principal and interest from 
 the day of default; which shall be included in the assessment of damages, or in the 
 judgment in suit, or action brought upon the obligation to enforce payment thereof, 
 and interest as aforesaid ,may be recovered in action brought to recover interest 
 only, with said fifteen per cent, interest upon the same from the time that it is due. 
 And the said Treasurer is hereby empowered to bring appropriate action in the 
 corporate name of said Board of Education, for the recovery of the tri- annual 
 interest when due and unpaid, without suing for the principal in whatever form se¬ 
 cured, and Justices of the Peace shall have jurisdiction in such cases of all sums 
 of one hundred dollars and under. 
 
 Sec. 24. All suits brought or actions instituted under the provisions of this act, 
 may be brought in the name of the Board of Education of the Warsaw School Dis¬ 
 trict, except as is provided for action qui tarn in this act. The Treasurer of the 
 Board of Education shall demand, receive and safely keep, according to law, all 
 l oneys, books and papers of every description belonging to the school fund. He 
 shall keep the school fund loaned at interest; and if on the first Monday of October 
 in any year, there shall be any interest or other funds on hand which shall not be 
 required for distribution, such amount not required as aforesaid may, if the Board 
 of Education see proper, forever be considered as principal in the funds to which 
 it belongs, and loaned as such or expended for library cr apparatus. 
 
 Sec. 25. On the first Mondays of April and October of every year, the Treasu¬ 
 rer shall lay before the Board of Education a statement, showing the amount of 
 interest, rents, issues and profits that have accrued or become due since their last 
 regular half-yearly meeting on all the property of said Warsaw School District. 
 He shall also lay before the said Board all books, notes, bonds, mortgages, and all 
 other evidence of indebtedness, belonging to the school fund, for the examination 
 
 of the Board, and shall make such other statement as the said Board may require, 
 touching the duties of his office. 
 
 Sec. 26. For any failure or refusal to perform all the duties required of the 
 
58 
 
 CITY CHARTER. 
 
 Treasurer by law, he shall he liable to the Board of Education upon his bond, to 
 be recovered by an action of debt by said Board, in their corporate name, for the 
 use of the school fund, before any court having jurisdiction, of the amount of dam¬ 
 ages claimed; but if said Treasurer in auy such failure or refusal, acted under and 
 in conformity to a requisition or order of said Board or a majority of them, entered 
 upon their journal and subscribed Dy their President and Clerk, then and in that 
 case the members of the said Board aforesaid, or those of them voting for said re¬ 
 quisition or order as aforesaid and not the Treasurer, shall be liable jointly and sev¬ 
 erally to the inhabitants of the Warsaw School District, to be recovered by action 
 of assumpsit in the official name of said Board. 
 
 Sec. 27. When a Treasurer shall resign or be removed and at the expiration of 
 his term of office, he shall pay over to his successor in office all money on hand, 
 and deliver over all books, notes, bonds, mortgages, and all other securities for 
 money, and all papers and documents of every description in which this Corpora¬ 
 tion may have any interest whatever; and in case of the death of the Treasurer, 
 his securities and legal representatives shall be bound to comply with the require¬ 
 ments of this section. He shall be liable to a penalty of not less than one nor more 
 than one hundred dollars, at the discretion of the court before which judgment may 
 be obtained, and the obtaining or payment of said judgment shall in no wise dis¬ 
 charge or diminish the obligation of his official bond. 
 
 Sec. 28. No part of the principal of said school fund shall ever be distributed 
 or expended for any purpose whatever, except the interest, rents and profits thereof? 
 but shall be loaned out and held to use, rent or profit as herein heretofore, or may 
 hereafter be provided by law. 
 
 Sec. 29. School funds collected from taxes levied by the City Council, or from 
 the sale of real property belonging to the Warsaw School District, shall be paid 
 out on the order of the Board. And all moneys and school funds liable to distri¬ 
 bution, not being principal, paid into the treasury or coming into thp hands of the 
 Treasurer, shall be paid out only on the order of the Board, signed by the Clerk 
 and countersigned by the President, and for all payments made, receipts shall be 
 taken and filed, and in all such orders shall be stated the purposes for which or on 
 what account drawn. And all such orders, together with the receipts of the person 
 to whom paid, shall be filed in the office of the Clerk. 
 
 Sec 30. All salaries at any time due to any officers of said City of Warsaw, 
 shall be paid by the City Council in ordinary general vouchers at par, and all such 
 officers shall receive the same in full payment of all such salaries and services due 
 from said city, unless it be for cash paid out by them. 
 
 Sec. 31. Said Board shall hold a meeting as soon a3 practicable after the return 
 of the books of the City Assessor, annually, and shall determine by estimate as 
 nearly as they can, the entire amount of money necessary to be expended in said 
 district, to keep in good condition and operation a sufficient number of free schools 
 for the accommodation of all the children in said district during the ensuing year, 
 over and above the available means arising from the school fund or other sources, 
 and also such additional amount as the Board may think necessary for the exclusive 
 purpose of supplying any deficiency in the fund, for the payment of teachers and 
 for the purpose of extending the terms of schools, after the State or common 
 school fund shall have been exhausted, and shall certify the same to the clerk of 
 the City Council, to be by him laid before said City Council as soon thereafter as 
 practicable, and the City Council shall cause said tax to be levied on all the taxi- 
 
MISCELLANEOUS PROVISIONS. 
 
 59 
 
 * 
 
 ble property of the citizens of said district and city for that year, and cause the 
 same to be collected in cash as other special taxes are collected, and at the same 
 lime. Provided, the same shall not exceed the sum of one-eighth of one per cent, 
 on the valuation. 
 
 Sec. 32. Any person or persons owning land or residing around or adjacent to 
 said City, within two miles thereof, may with his or their consent be annexed to 
 said Warsaw School District, and school taxes may be levied and collected upon 
 the lands and property of such persons subject to taxation, by the City Collector, 
 in the same manner as school taxes within said district, and said Warsaw School 
 District shall be entitled to all the benefits arising from such annexation as is pro¬ 
 vided by the general school law of this state, as in the division of school districts ; 
 and upon such annexation, said Warsaw School District shall be entitled to receive 
 and may recover of the Township from which any such territory may be taken, a 
 distributive share of the school fund of said Township, in proportion to the num¬ 
 ber of children under the age of twenty-one years, so annexed be, as to the num¬ 
 ber remaining in said Township, and also to receive the same distributive share of 
 the State school fund that said Township would have received on account of said 
 children, provided said children had remained therein, Provided, that all be done 
 in accordance with and nothing in conflict with the school law of the state. 
 
 ARTICLE XII. 
 
 MISCELLANEOUS PROVISIONS. 
 
 Section 1. The City Council shall, at least ten days before the annual election 
 in each year, cause to be published in the newspaper publishing the ordinances of 
 the city, a correct and full statement of the receipts and expenditures, from the 
 date of the last annual report, together with the sources from whence the former 
 are derived, and the mode of disbursement, and also a distinct statement of the 
 whole amount assessed, received and expended in the respective wards and divisions 
 for making and repairing streets, highways and bridges for the same period, to¬ 
 gether with such information as may be necessary to a full understanding of the 
 financial concerns of the city. 
 
 Sec. 2. The inhabitants of the City of Warsaw are hereby 'exempted from 
 
 working upon any road or highway beyond the limits of the city, and from paying 
 the tax in lieu thereof without said limits. 
 
 Sec. 3. The Supervisor shall demand the services of all persons who are requi¬ 
 red to labor on the streets and alleys of the city, at such time and place, and in such 
 manner as the City Council may direct, or the Supervisor shall deem necessary. 
 He shall deliver or cause to be delivered or left at the usual place of abode or busi¬ 
 ness, of any person so required to labor as aforesaid, a written or printed notice? 
 or partly written or printed notice, in such form as the City Council shall prescribe, 
 which notice shall be given at least five days previous to the first day on which he 
 or they are required to labor, requiring such person to appear at such time and place 
 as may be designated, for the purpose of laboring upon the streets and alleys. But 
 a similar notice, published for ten days in the newspaper publishing the ordinances 
 of the city, by the Supervisor, or posted up in three of the public places of the 
 ward or district, shall be deemed a sufficient notice to require all persons to appear 
 
60 
 
 CITY CHARTER. 
 
 and labor as aforesaid. Upon the neglect of any person to appear and labor as 
 aforesaid, or to pay the tax in lieu thereof, the Collector shall collect from each 
 person, in the same manner as other taxes, the sum of three dollars, with his com¬ 
 mission for collecting the same added thereto; or the same may be recovered by 
 suit with costs, as in other cases. 
 
 Sec. 4. The County of Hancock shall be exempt from the support of any citi¬ 
 zen of said City who may become a pauper ; but the City Council shall provide for 
 the support and care of all paupers belonging to the said City, and pass such ordi¬ 
 nances and regulations as they shall deem proper, for the purposes thereof. In 
 lieu of the support of paupers, as aforesaid, the real and personal property of the 
 inhabitants of said City shall be exempt from all tax for county purposes. 
 
 Sec. 5. All fines, forfeitures and penalties collected for offences committed 
 within said City, shall be paid into the treasury of said City, by the officers collect¬ 
 ing the same; and all fines and forfeitures collected of any citizen of said City for 
 any conviction in the Circuit Court, shall be paid over in like manner. 
 
 Sec. 6. The City Council shall have power to cause the blocks and lots of the 
 City to be surveyed, platted and numbered in consecutive numbers, from one up¬ 
 wards ; and to designate and number all fractional or other lots or blocks in such 
 manner as they may prescribe by ordinance ; and such plat, designation or number, 
 when made and duly recorded, shall be a good and valid description of said blocks 
 and lots ; to establish, mark and declare the boundaries and names of streets and 
 alleys; to require all additions hereafter made to said City or all lands adjoining or 
 within the same, laid out into blocks or lots, shall be so laid out and platted as to 
 correspond and conform to the regular blocks, streets and alleys already laid out 
 and established within the City. 
 
 Sec. 7. The City Council shall, in all expenditures for purposes strictly local, 
 expend annually in the several natural divisions of the City, such proportion, as 
 near as may be, of the whole expenditures for like purposes during the same period, 
 as will correspond to the several sums contributed by each division, to the general 
 fund. Street taxes shall be expended in the several wards or districts where the 
 persons paying the same may respectively reside. 
 
 Sec. 8. The Supervisor, in addition to the penalties prescribed by ordinance 
 shall, for wilful neglect of duty, be liable to indictment and fine in the same man¬ 
 ner as Supervisors under the laws of the State. 
 
 Sec. 9. Neither the City Council or Mayor shall remit any fine or penalty im¬ 
 posed upon any person, for a violation of any laws or ordinances of said City, or 
 release from confinement, unless two-thirds of all the Aldermen elected shall vote 
 for such release or remission; nor shall an) 1 thing in this act be so construed as to 
 oust any Court of jurisdiction to abate and remove nuisances within its jurisdiction 
 by indictment or otherwise. 
 
 Sec. 10. No vote of the City Council shall be reconsidered or rescinded at a 
 special meeting, unless the meeting be called in whole or in part for that purpose, 
 and the Aldermen be notified ; and unless at such special meeting there be present 
 as large a number of Aldermen as were present when the vote was taken. 
 
 Sec. 11. The Cemetery lots which may be laid out and sold by the City, or 
 private persons for private places of burial, shall, with the appurtenances, forever 
 be exempt from execution and attachment. 
 
 Sec. 12. Every ordinance, regulation and by-law imposing any penalty, fine, 
 imprisonment or forfeiture for a violation of its provisions, shall, after the passage 
 
miscellaneous provisions. 
 
 Cl 
 
 thereof, be published in the newspaper publishing the ordinances of the City; and 
 proof of such publication by the affidavit of the printer or publisher of such news¬ 
 paper, taken before any officer authorized to administer oaths, and filed with the 
 Clerk, or any other competent proof of such publication, shall be conclusive evi¬ 
 dence of the legal publication and promulgation of such ordinance, regulation or 
 by-law, in all Courts and places. 
 
 Sf.c. 13. All actions brought to recover any penalty or forfeiture incurred under 
 this act, or any ordinance, by-law or police regulation made in pursuance thereof, 
 shall be brought in the corporate name. It shall be lawful to declare generally in 
 debt for such penalty, fine or forfeiture, stating the clause of this act, or the by¬ 
 law or ordinance under which the penalty or forfeiture is claimed, and to give the 
 special matter in evidence under it. 
 
 Sec. 14. In all prosecutions for any violation of any ordinance, by-law or 
 other regulation, the first process shall be a summons, unless oath or affirmation be 
 made for a warrant, as in other cases. 
 
 Sec. 15. The City Council shall have power to designate one or more Justices 
 of the Peace, in said City, who shall have jurisdiction in any action for the recov¬ 
 ery of any fine, penalty or forfeiture under this act, or any ordinance, by-law, or 
 police to the contrary notwithstanding. Such Justice shall have power to impose 
 fines and penalties, not exceeding the amount authorized by the Constitution of the 
 State. There shall be such local Court of civil and criminal jurisdiction as are or 
 may be established by the General Assembly in the cities of the State, in accord¬ 
 ance with the Constitution of the State. Such Court shall have jurisdiction over 
 all cases arising under this act, or any ordinance of said City in pursuance thereof, 
 and such other civil and criminal jurisdiction as may be provided by law. 
 
 Sec. 16. Execution may be issued immediately on rendition of judgment. If 
 the defendant has no goods or chattels or real estate within the county of Hancock, 
 whereof the judgment can be collected, the execution shall require the defendant 
 to be confined in the county jail or workhouse or City prison for a term not exceed¬ 
 ing six months, in the discretion of the Court rendering judgment; and all persons 
 who may be committed under this section, shall be confined one day for each one 
 dollar of such judgment and costs. All expenses incurred in any prosecution for 
 the recovery of any fine, penalty or forfeiture when collected shall be paid into 
 the City Treasury. 
 
 Sec. 17. Any person who shall injure or destroy any bridge or any public build¬ 
 ing or other property belonging to the City, or shall cause or procure the same to 
 be injured or destroyed, shall be subject to a penalty not exceeding five hundred 
 dollars for such offence, to be recovered by the city in an action of debt, and may 
 be imprisoned not exceeding six months in the discretion of the Court before whom 
 such conviction may be had; and such person shall also be liable in a civil action 
 at the suit of the City, for the damages occasioned by such injury or destruction. 
 
 Sec. 18. No person shall be an incompetent judge, justice, witness or juror, by 
 reason of his being an inhabitant or freeholder in the City of Warsaw, in any ac¬ 
 tion or proceeding in which said City may be a party in interest. 
 
 Sec. 19. All ordinances, regulations and resolutions now in force in the City of 
 Warsaw, and not inconsistent with this act, shall remain in force under this act 
 until altered, modified or repealed by the City Council, after this act shall take 
 effect. 
 
 Sec. 20. All rights, actions, fines, penalties and forfeitures, in suit or otherwise, 
 
CITY CHARTER. 
 
 which have accrued under the several acts consolidated herein, shall be vested in 
 and prosecuted by the corporation hereby created. 
 
 Sec. 21. All property, real, personal or mixed, belonging to the Citv of Warsaw, 
 is hereby vested in the Corporation created by this act, and the officers of said 
 Corporation now in office shall respectively continue in the same until superseded, 
 in conformity to the provisions hereof; but shall be governed by this act, which 
 nhall take effect from and after its passage. 
 
 Sec. 22. All ordinances of the City, when printed and published purporting to 
 be by authority of the City Council, shall be received in all Courts and places, 
 without further proof. 
 
 Sec. 23. The style of all ordinances shall be — “ Be it Ordained by the City 
 Council of the City of Warsaw.” 
 
 Sec. 24. Any tract of land adjoining said City which may be laid off into blocks 
 or lots, and duly platted according to law, and any tract of land adjoining the City, 
 with the consent of the owner thereof, shall and may be annexed to said City and 
 form a part thereof. 
 
 Sec. 25. This act shall not invalidate any legal act done by the City Council of 
 the City of Warsaw, or by its officers, nor divest their successors under this act, of 
 any rights of property or otherwise, or liability which may have accrued to or 
 been created by said Corporation, prior to the passage of this acl. 
 
 Sec. 26. All officers of the City created conservators 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, orthreatento break 
 Ihe peace, or be found violating any ordinance of this City, commit for examina¬ 
 tion, and if necessary, detain such person in custody over night or the Sabbath, in 
 the watch house or other safe place, or until they can be brought before a magis¬ 
 trate ; and shall have and exercise such other powers as conservators of the peace, 
 as the City Council may prescribe. 
 
 Sec. 27. Nothing in this act contained shall be so construed as to deprive the 
 City Council of said City of any powers or authority conferred upon the same, by 
 the act incorporating said City, and the various acts amendatory thereto ; but the 
 City Council shall possess and enjoy all the powers and authority heretofore con¬ 
 ferred upon the same, except so far as such pow T ers and authority are expressly 
 modified or repealed by this act or the acts heretofore mentioned; and the City 
 officers shall be elected and appointed in the same manner under the provisions of 
 this act, as they were under the original act of incorporation of said City, except 
 the City Marshal, who shall be elected at the same time of the Mayor, annually, 
 by the qualified voters of said city. 
 
 Sec. 28. The City Clerk is hereby authorized and empowered to administer any 
 and all oaths, authorized to be taken or administered by or under the provisions of 
 this act. 
 
 Sec. 29. This act shall be deemed a public act, and may be lead in evidence 
 without proof, and judicial notice shall be taken thereof in all Courts and places. 
 
 Approved, Ftb. 14, 1859. 
 
2rL E V 1 S E X> 
 
 0 It D I N A N C E S 
 
 OF THE 
 
 CITY 
 
 WARSAW 
 
 T 
 
 o 
 
REVISED 0 R DINA N C E S . 
 
 An Ordinance in relation to the Revised Ordinances of the City. 
 
 Section 1 . Be it Ordained by the City Council of the City of 
 Warsaw, That the following shall constitute and he denominated the “ Revised Or¬ 
 dinances of the City of Warsaw,” and shall be published in book form, properh 
 arranged and divided into chapters, divisions and sections or clauses, with a table of 
 contents and property indexed ; and when so published, with the certificate of the 
 Mayor and City Clerk under the ebrporate seal of the authenticity of the same, shall 
 be in force, and shall be received in all courts and places without further proof. 
 
 All public or general ordinances, or parts thereof, not included herein, shall he 
 repealed so far as they may conflict with the provisions hereof: but no fine, forfeit¬ 
 ure, penalty, right, action, suit, debt or other liability whatsoever, created, institut ed, 
 incurred or accrued by or under the same, shall be released, discharged, annulled, 
 repealed, or iu any wise affected, but may be prosecuted, recovered or enjoyed, or 
 any suit or other proceeding be commenced or completed thereon, as fully and iu 
 the same manner in all respects as if such ordinance or part thereof had remained 
 
 in full force. 
 
 Passed, July 26, 1859. 
 
 i 
 
 5 
 
 t 
 
86 
 
 ORKINAKCES. 
 
 CHAPTER I . 
 
 ACCOUNTS. 
 
 An Ordinance in relation to Accounts. 
 
 Section - . 1. No account or claim against the City of Warsaw, except for the sal¬ 
 aries of city officers, or for the payment of a special contract made by the City 
 Council, or by some officer of the city authorized by the City Council or by ordinance 
 to make the same ; or for the paj^ment of the fee bills of officers of courts, shall be 
 considered, audited or allowed, or any warrant issued for the payment thereof, unless 
 the person jiresenting the same, or some other credible person for him, shall make 
 oath before the Mayor or City Clerk, upon the presentation or filing of such claim 
 or account, “ that it is true, just, correct and reasonable : ” and no claim or account 
 against the city, upon any contract made or incurred by any officer by authority of 
 the City Council, or of any ordinance, shall be considered, audited or allowed, or 
 any warrant issued for the payment thereof, unless accompanied with the certificate 
 of the officer by whom or under whose authority the same was incurred or contracted, 
 stating “that he has examined such account or claim, and verily believes that it is 
 true, just, correct and reasonable, and in accordance with the contract.” 
 
 Passed, June 20, 1859. 
 
 CHAPTER II. 
 
 ADDITIONS. 
 
 An Ordinance in relation to Additions „ 
 
 . i 
 
 Section 1. Any addition which may be made to the city, or any lands adjoining 
 or within the same which may be laid out into lots or blocks, shall be so laid out, 
 surveyed and platted, as that the blocks or other subdivisions shall conform to the 
 regular blocks of the original town plat, or with the regular blocks of the addition 
 afjoining such land or addition proposed to be laid out, and the streets and alleys 
 shall correspond with, and conform to the previously established streets and alleys 
 with which they may connect, and continue the same. 
 
 Sec. 2. Any surveyor or other person, who shall survey or plat any addition to 
 the city, or any lands adjoining or within the same into blocks or other sub-divisions 
 with the streets, alleys or blocks laid out contrary to the preceding section, or any 
 owner of any such lands or addition, or agent of such owner causing the same to be 
 doue, shall he subject to a penalty of not less than one hundred dollars, and such 
 owner or his agent shall be subject to an additional penalty of not less than fifty 
 dollars for each lot sold by him. 
 
 Sec. 3. When any person may wish to lay out or plat any addition of lands ad¬ 
 joining or within the city in any other manuer than is herein prescribed, he may 
 
AWNINGS. 
 
 G7 
 
 apply to the City Council, designating the manner in which he proposes to lay out 
 and plat such addition or lands, and upon the approval thereof by the City Council, 
 such lands or addition may be so laid out and platted, and shall not be deemed a 
 violation hereof. 
 
 Passed June 20, 1859. 
 
 CHAPTER III. 
 
 APPROPRIATIONS 
 An Ordinance in relation to Appropriations. 
 
 Section. 1. The City Council shall as soon as it is practicable after the com¬ 
 mencement of each fiscal year, and before the first Monday of August, annually, 
 pass an ordinance making appropriations for the general and contingent expenses of 
 the city government during the ensuing fiscal year, and for the payment of the 
 debt of the city and the interest thereon falling due during the year. The appro¬ 
 priations for street improvements and other local purposes in each of the wards of 
 the city, shall be proportioned among the several wards according as near as may 
 be to the amount of taxes collected in such ward for general purposes. But the 
 total appropriations made by the City Council during any fiscal year, shall not ex¬ 
 ceed the whole amount of the ordinary revenue of the city for the year immediate¬ 
 ly preceding. 
 
 Sec. 2. No contract shall be entered into, or public work ordered by the City 
 Council, requiring an appropriation of money for the payment or completion 
 thereof, or any appropriation of money be made for any purpose, unless a majority 
 of all the members elected, upon the call of the “yeas” and “nays,” shall vote 
 for the same. 
 
 Sec. 3. When any appropriation to any specific fund shall be exhausted, the 
 City Clerk shall without delay notify the City Council thereof, and he shall not 
 thereafter draw any warrant against such fund until the further orders of the City 
 Council ; nor shall the City Council thereafter make any further appropriation 
 payable out of such fund. 
 
 Passed, June 20, 1859. 
 
 CHAPTER IV. 
 
 AWNINGS. 
 
 An Ordinance in relation to Awnings. 
 
 Section 1. All awnings over any sidewalk in the city, shall be securely con¬ 
 structed, and shall be elevated at least eight feet at the lowest part above the side¬ 
 walk, and shall not project over the sidewalk to exceed three-fourths of the width 
 ;hereof; they shall he securely supported by iron brackets, or by an iron frame 
 
63 
 
 ORDINANCES. 
 
 work firmly attached to tile building, so as to leave the sidewalk wholly unobstruct¬ 
 ed ; any awning already erected in a different manner than is herein prescribed, 
 shall not be repaired under a penalty of not less than ten dollars; and the Mayor 
 or the City Council, may order and require such awning to be removed, or to be 
 made to conform to the requirements hereof, upon ten days’ notice being given there¬ 
 of, by the Marshal or Supervisor. 
 
 Sec. 2. Whoever shall erect or cause to be erected any awning, contrary to the 
 requirements hereof, or shall suffer or permit any awning in front of any premises 
 owned or occupied by him to be in such condition as to be insecure, or dangerous to 
 the safety of persons passing under the same, shall be subject to a penalty of not 
 less than five dollars. 
 
 Sec. 3. Whoever shall not remove any awnirg or awning posts already erected 
 contrary to the requirements hereof, or shall not make any such awning to conform 
 to the requirements hereof, within ten days after notice by the Marshal or Supervi¬ 
 sor, in pursuance of the order of the Mayor or of the City Council, shall be subject 
 to a penalty of not less than five dollars, and to an additional penalty of not less 
 than one dollar, for each day such awning shall remain after the expiration of such 
 notice. 
 
 Sec. 4. Any awning which may he constructed contrary to the provisions here¬ 
 of, or which shall not be removed or be made to conform to the requirements 
 hereof after ten days’ notice as herein required, or which shall be in such a condi¬ 
 tion as to be insecure, or dangerous to persons passing under the same, is hereby 
 declared a nuisance; and the Supervisor, Marshal or any police constable, shall re¬ 
 move or cause to be removed, and the costs of such removal may be collected of 
 the owner of such awning, or person using the same, or causing it to be erected, 
 and recovered by suit in the name of the city before any court having jurisdiction. 
 
 Passed, Juns 20, 1859. 
 
 CHAPTER Y. 
 
 BRICKS. 
 
 An Ordinance relating to the size of Bricks. 
 
 Section 1. That all merchantable bricks hereafter made to be sold within the 
 City of Warsaw, in the ordinary course of manufacture and sale, and to be used 
 therein, shall be eight and a half inches long, four and a fourth inches wide, and 
 two and a fourth inches thick when moulded; and every person who shall manu¬ 
 facture or shall sell as aforesaid, any bricks of less dimensions than aforesaid, shali 
 forfeit and pay to the City, for each offense, not les9 than one, nor more than one 
 hundred dollars. 
 
 Passed, June 20, 1859. 
 
CENSUS. 
 
 69 
 
 CHAPTER VI. 
 
 BURYING GROUNDS. 
 
 An Ordinance relating to Burying Grounds. 
 
 Skctiox 1. Any Cemetery or Burying Grounds which may hereafter he estab¬ 
 lished within two miles from the intersection of Main and Sixth street, is heieby 
 declared a nuisance; nor shall any person bury any human body in any Burying 
 Ground or Cemetery', which may be hereafter located within said limits, under a 
 penalty of not less than ten dollars, for each body which may be so interred in 
 such Cemetery or Burying Ground. 
 
 Passed, June 20, 1859. 
 
 CHAPTER Vli. 
 
 CEMETERIES. 
 
 An Ordinance relating to Cemeteries. 
 
 Section 1 . That any person who shall breakdown, deface, hack, or in any 
 manner injure the fence or enclosure of any Cemetery within the city limits of the 
 City of Warsaw, or who shall tear down, deface, or in any manner injure any lot, 
 enclosure, tomb stone, material erected at any grave, or any shrub-bush, flowers, 
 or other thing or ornament within each Cemetery, or who shall cut, hack or deface 
 any tree or shrub, post, or in any manner injure the same, or any other thing of, 
 standing on, or being within such Cemetery', or who shall in any manner injure the 
 grass, herbage, streets, walks, ornaments, or other thing or such Cemetery, whether 
 belonging to the city, or private property, or who shall leave open any gate of the 
 enclosure of the same, or of any private burial place therein, the same being done 
 wilfully, negligently, or carelessly, or who shall therein engage in any sports or 
 amusements, or who shall turn any beasts or animals therein, or who shall therein 
 congregate for sports, playa or amusements, or who shall therein conduct in a 
 boisterous, rude or indecent manner, or ill-treat any person therein, or therein use 
 profane or indecent language, or in any manner disturb therein any burial party', 
 or individual there being for lawful purpose, shall forfeit and pay to the City of 
 Warsaw for every such otfience, a sum not less than one, nor more than one hun¬ 
 dred dollars. 
 
 Any person giving information against individuals violating this ordinance, shall 
 on conviction of the person informed against, be entitled to and receive one half of 
 ine penalty assessed and collected. 
 
 Passed, June 20, 1859. 
 
 CHAPTER VIII., 
 
 CENSUS. 
 
 An Ordinance providing for the Census of the City . 
 
 Section 1. The City Marshal shall, before the first day of October, preceding 
 
*70 
 
 ORDINANCES 
 
 each regular session of the Illinois Legislature, make out an enumeration of the 
 inhabitants of the City, and return the same, duly certified, on or before said day, 
 into the office of the City^ Clerk. 
 
 Sec. 2, The census shall be taken in each ward separately, in a suitable book 
 or books properly ruled and headed, and shall show separately the number of males 
 and females under five years of age; the number over five and under twenty-one ; 
 the number over twenty-one and under fifty ; and the number over fifty ; the block 
 on which they reside, and the number of negroes or mulattoes, and persons of for¬ 
 eign birth. The census shall also show the number of buildings in each block, 
 exclusive of out-buildings, and the number not situated on blocks, and the materi¬ 
 als of such buildings ; the number of manufactories and business houses of all 
 kinds; thp amount of capital invested in each, the amount of business done annu¬ 
 ally, and the number of persons or employees employed or engaged therein; the 
 numbei of school houses, colleges, churches, and other public buildings, and the 
 
 estimated value of each ; and such other statistics and information as the City Coun¬ 
 cil may direct. 
 
 Sec. 3. The Marshal shall call at each dwelling, manufactory, or place of busi¬ 
 ness, and enquire of the head or some member thereof, or person connected there¬ 
 with, who can inform him, and ascertain the facts herein required; but if no such 
 person ean be found he shall list them from the best information he can obtain. 
 He shall register the names of all heads of families and of all persons not belong¬ 
 ing to any family ; and under the head of the family, all persons residing therein, 
 whether as boarders or otherwise, so that they he residents of the city, shall be 
 enumerated. He shall register in a separa'e column, the names of all male persons 
 of twenty-one years of age and upwards, in each ward, making the letter k ' e c- ,J op¬ 
 posite the names of colored persons. 
 
 Sec. 4. Each column shall be added up and/the amount carried forward, so as 
 to show the total number or amoupt of each class, and the totals of each class shall 
 be added up so as to show the totals of all classes. 
 
 Sec. 5. Any person who shall when requested, refuse to give to the Marshal, 
 while he may be engaged in taking the census, any information within his knowl¬ 
 edge in relation to any of the facts herein required, or shall knowingly give any 
 false information thereto, shall be subject to a penalty of five dollars. 
 
 Passed, June 20, 1859. 
 
 CHAPTER IX. 
 
 DOGS. 
 
 An Ordinance in relation to Dogs. 
 
 Section 1. No dog or bitch shall run at large in the city, unless the owner or 
 keeper thereof shall place and keep upon the neck of such dog or bitch, a substan¬ 
 tial metallic or leather collar with a metallic plate affixed thereto, upon which the 
 name of the owner shall be legibly inscribed, under a penalty of not less than three 
 dollars. 
 
 Sec. 2. The owner or keeper of any dog or bitch, shall without delay after 
 
DOGS. 
 
 Vl 
 
 the due publication hereof, or as soon as any dog or bitch shall come into his pos¬ 
 session, and annually thereafter before the first day of June in each year, give his 
 name, with the name and description of his dog or bitch to the City Marshal, who 
 shall register the same in a suitable book kept for that purpose, and shall stamp 
 upon or affix to the collar of the dog or birch thus registered, the letter lC R, ,J and 
 the year of the registry; and he maj* charge and receive a fee of twenty-five cents 
 for each dog or bitch registered by him; but he shall not be entitled to any fee for 
 registering any dog or bitch, registered after the first day of January in each year. 
 Whoever shall not comply with the requirements of this section, shall be subject to 
 a penalty of not less than three dollars. 
 
 Sec. 3. When danger of hydrophobia may be deemed to exist in or near the 
 city, the Mayor or City Council may, by proclamation, or by notice in the daily 
 newspapers in trie city, or by prirted handbills, require all persons to confine all 
 dogs and bitches, or securely muzzle them with a wire muzzle, for such time as 
 may be designated in such proclamation or notice, orunt.il otherwise ordered; all 
 dogs or bitches found running at large in the city, contrary to the provisions of this 
 section, whether owned or kept within or without the city, shall be destroyed by 
 the City Marshal ur any Police Constable, and the owner or keeper of any such 
 dog or bitch, who shall knowingly permit the same to run at large, contrary to the 
 provisions of this section, shall be subject to a penalty of not less than five, 
 dollars. 
 
 Sec. 4. Tim Marshal and Police Constable shall prosecute the owner or keeper 
 of any dog or bitch, permitting the same to run at large contrary to the require¬ 
 ments hereof, and shall kill or destroy all dogs or bitches found running at large 
 and not registered and collared as is herein required, and for which no owner or 
 keeper can be found upon reasonable inquiry ; but the provisions hereof, except the 
 third and fifth sections, shall not apply to any dog or bitch biought into the city by 
 any person not a resident thereof, until such dog or bitch shall have been in the city 
 for three days. 
 
 Sec. 5. Any bitch running at large while in heat, is hereby declared a nuisance, 
 and the owner or keeper of such bitch, so permitting the same to run at large while 
 in heat, shall be subject to a penalty of not less than five dollars, and the Marshal 
 or any Police Constable shall destroy such bitch. 
 
 Sec. 6 . The City Marshal and Police Constables, shall receive fifty cents for 
 each dog or bitch destroyed by them, and removed beyond the city, to be collected 
 or recovered of the owner or keeper of such dog or bitch, if known, and if not, to 
 be reported to the City Council upon oath for allowance, and payment from the 
 city treasur 3 r . 
 
 Sec. 7. The City Marshal or any Police Constable mav with the concurrence 
 of the Mayor, employ at his own cost, and on his own responsabiliiy, such assist¬ 
 ants as may be necessary to aid in the execution of the requirements hereof, and 
 they may adopt any mode that may be deemed best to accomplish the destruction of 
 dogs and bitches, and shall, without delay, cause ail dead dogs and bitches to be 
 removed beyoi d the city, so as not to be or become a nuisance to any bodv. 
 
 Sec. 8. The City Marshal and Police Constables shall, from time to time or 
 when required by the City Council, report the number of dogs registered, the 
 amount of fines collected, and the number of dogs killed under the provisions 
 hereof. 
 
 _ t *' » ' « 
 
 Sec. 9. Whoever shall hinder, delay, resist, or obstruct any officer or his assist- 
 
ORDINANCES. 
 
 ants, in the execution of any duty herein required, or shall aid or abet the same* 
 shall be subject to a penalty of not less than five dollars. 
 
 Sf.c.. 10. Any officer, assistant, or other person who shall destroy any dog or 
 bitch collared and registered or muzzled as is herein required, or shall bring, or 
 entice, or cause to be brought or enticed, any dog or bitch into the city for the 
 purpose of destroying the same, or shall entice any dog or bitch out of the premi¬ 
 ses of the owner or keeper thereof for such purpose, or shall molest or seize any 
 dog or bitch while being led or held by any person ; or shall remove the muzzle or 
 collar from any dog or bitch, or shall throw or place or cause to be thrown or placed 
 any poisonous meat or other poisonous substance, into any private enclosed prem¬ 
 ises, shall be subject to a penalty of not less thru ten dollars in each case. 
 
 Sec. 11. Any owner or keeper of a fierce or dangerous dog or bitch, who shall 
 knoivingly permit the same to go at large to the danger, annoyance or damage of 
 any person within the city, shall be subject to a penalty of not less than five dol¬ 
 lars for the first offence, and not less than ten dollars for the second offence ; and 
 upon a second conviction, the Marshal or any Police Constable shall cause such 
 dog or bitch to be destroved. 
 
 Passed, June 20, 1859. 
 
 CHAPTER X. 
 
 ELECTIONS. 
 
 Jin Ordinance in relation to Elections, 
 
 1 j 
 
 Section 1 . A general election for all elective city officers, shall be held in each 
 ward of the City, on the first Tuesday of April in each year, at such place as may 
 be designated by the City Council. The City Clerk shall give'at least six days 7 
 notice of any election, by posting up written or printed notices thereof, in at least 
 three of the most public places of the ward, or by publishing for six days at least 
 an advertisement in the newspaper publishing the ordinances of the city, stating 
 the time and place of holding the election, and the officers to be elected. Special 
 elections shall be held and conducted and notice thereof given in the same manner 
 as general elections. 
 
 Sec. 2. The City Council shall annually, at least eight days before the charter 
 election, appoint by ballot in each ward, three legal voters thereof, to act as judges 
 of election for the year for which they are appointed, or during the pleasure of the 
 City Council. The City Clerk shall without delay after such appointment, make 
 out and deliver to the Marshal a certificate of appointment under the corporate 
 seal, to each of the persons appointed judges; and the Marshal shall deliver such 
 certificate to each person appointed, within three days after their appointment. 
 The City Council may, at the time of appointing the judges of elections, appoint 
 from the legal voters of the ward, an alternate in the place of each of the persons 
 appointed as judges; and such alternates may serve as judges in case of neglect or 
 refusal of any of the persons appointed as judges to act; and they shall be notified 
 of their appointment as alternates in like manner as the judges. 
 
 Sec. 3. If any judge of election shall refuse to actor shall not attend at 
 
ELECTIONS. 
 
 V3 
 
 time affixed for the opening of the polls, the vacancy shall be filled by the alter¬ 
 nate; or if no alternate shall attend, by a legal voter of the ward to be chosen by 
 the majority of judges or alternates in attendance. If no majority of judges or 
 alternates shall attend, a majority of the legal voters of the ward in attendance, 
 may choose the requisite number of judges in like manner. But all the judges shall 
 not in any case be chosen from the same political party, unless the persons who 
 may be the first so chosen or appointed, shall neglect or refuse to serve. 
 
 Sec. 4. The Judges shall choose two legal voters of the ward to act as Clerks 
 of elections, who shall be Clerks of elections during the pleasure of the Judges. 
 But no person holding any office under the United States,* the State or the City, 
 or candidate for any State or City office, shall be a Judge or Clerk of any city 
 election. 
 
 Sec. 5. The Judges and Clerks shall severally before opening the polls or re¬ 
 ceiving any votes, take and subscribe an oath or affirmation, which shall be affixed 
 to the poll list, and may be in the following form—to wit: 
 
 We do solemnly swear (or affirm), that we will perform the duties of judges 
 and clerks of this election according to law and to the best of our abilities, and 
 that, we will studiously endeavor to prevent fraud, deceit and abuse, in conducting 
 this election. 
 
 Signed, 
 
 j * £ ’ | Clerks. 
 
 A. B,, ) 
 
 C. D., / Judges. 
 E. F., <> 
 
 Sworn to and subscribed before me at Warsaw, this --day of —-. 
 
 A. D., 185—. 
 
 P. B., City Clerk or J. P. 
 
 If no officer authorized to administer oaths shall be present at the opening of the 
 polls, any judge may administer the oath to the other judges, and to the clerks, and 
 one of the judges so sworn, may administer the oath to him. The oath when thus 
 administered shall be certified by the judge administering the same. No returns 
 shall be invalid or rejected, for any defect in the manner of administering or certify¬ 
 ing the oath. 
 
 Sec. G. If any judge or clerk after entering upon his duties, shall, by sickness 
 or other disability, be unable to continue to act, another may be appointed in his 
 place by the judges. In such case the person substituted shall lake and subscribe 
 The oath as hereinbefore required, and the substitution and the time thereof shall be 
 noted on the poll lists. 
 
 Sec. 7. At all elections the polls shall be opened at eight o’clock, A. M., or as 
 soon thereafter as the judges and clerks shall be qualified, and shall be kept open 
 until six o’clock, P. M., except that the judges may adjourn one hour foi dinner.. 
 When opened, proclamation shall be made ‘’that the polls are now open.” 
 
 Sec. 8. A ballot box with a lock and key, and an aperture in the top thereof 
 
 *“Nor shall any person holding an office of honor or profit under the government 
 of the United States, hold any office of honor or profit under the authority of the 
 state.”—State Constitution, Art. Ill, Sec. 29. See People vs. Dickson, 17 Ills. 
 Kep. 191. 
 
1 4 
 
 ORDINANCES. 
 
 not larger than will admit a single folded ballot, shall be provided for the use of the 
 judges of each ward by the City Clerk. Before receiving any vote the box shall be 
 publicly opened and examined by the judges to see that there is no ballot therein, 
 and shall then be publicly closed and locked and the key taken by one of the 
 judges 
 
 Sec. 9. The City Clerk shall provide two poll lists for each ward with columns 
 ruled for the name and number of each voter. The poll lists may be in the follow¬ 
 ing form, to wit: 
 
 Poll list of voters in the- ward of the city of Warsaw at the charter (or 
 
 special) election held at-in said ward on-the- day of -, 
 
 V D. 185— 
 
 'S • * ■ 
 
 , as follows, to wit: 
 
 
 
 No. 
 
 Names of Voters. 
 
 No. 
 
 Names of Voters. 
 
 1 
 
 A. B. 
 
 24 
 
 W. X. 
 
 9 
 
 C. D. 
 
 25 
 
 Y. Z. 
 
 The clerk of election shall keep the poll lists and shall write down the names 
 and number of voters in the order in which they vote, marking the letter “S.” 
 opposite to the names of ail persons who may be challenged or sworn. They shall 
 also keep in a separate list the names of all persons whose voles are rejected ; and 
 the ballots offered by such persons shall be kept by the judges with the name of the 
 person endorsed thereon. 
 
 Sec. 10. The mode of voting shall be by ballot. The ballot shall consist of a 
 single piece of white paper, on which shall be printed, or written, or partly both, 
 the name of each person voted for, with the name of the office to which the voter 
 wishes him elected, and without any marks or figures on the back thereof intended 
 to designate one ballot from another.* The ballot shall be folded by the voter, and 
 if received, placed in the ballot box by the judges; hut any person may vote an 
 open ballot if he chooses. The judges shall not open or examin e any ballot offered, 
 except so far as to ascertain whether it be single or not; and if any ballot shall be 
 discovered to be double it shall be rejected, and the person offering the same shall 
 not vote at that election. Nor shall the judges mark any ballot except when the 
 vote of the person offering it is rejected. 
 
 Sec. XI. Every white male citizen of fhe United States of the age of twenty- 
 one yea»*s, and every white male inhabitant of the age aforesaid, who was a resi¬ 
 dent of this State on the first day of April A. D. 1848, who has actually resided in 
 this State one year, and in this City one month, and in the ward in which he pro- 
 
 *Under the state election law of 1849, which provides that “no ballot shall be 
 received or counted unless the same is written or printed upon white paper, without 
 any marks or figures thereon intended to distinguish one ballot from another,” where, 
 upon an election being held, some of the ballots were rejected on account of the 
 blue lines ruled in the paper by the manufacturer, and the bluish tint of the paper, 
 it appearing: that the ruled lines were not marks placed upon the ballots for the pur¬ 
 pose of distinguishing one from another, but that the paper was casually used — it 
 was held that the ballots were upon white paper within the meaning of the law and 
 should not have been rejected, and having been once received by the judges without 
 objection, their rejection afterwards, for that cause, would be a fraud upon the 
 voters. People vs. Killduff, 15 Ills. Rep. 500. 
 
ELECTIONS. 
 
 poses to vote, for five days next preceding the election, shall be entitled to vote in 
 said ward. All persons shall be deemed residents of the ward in which they are 
 accustomed to lodge. 
 
 Sec. 12. The judges or any legal voter of the ward shall have the right to chal¬ 
 lenge any vote. When any person offering to vote shall be challenged, and shall not 
 be able to prove by competent evidence, that he is legally entitled to vote, to the 
 satisfaction of the judges and the person challenging, the judges shall cause to be 
 administered to him the following oath: 
 
 “I swear (or affirm) that I am of the age of twenty-one years, that I am a citi¬ 
 zen of the United States, or was a resident of this State at the time of the adoption 
 of the Constitution,) [April 1st, 1848,] and have been a resident of this State one 
 year, and a resident of this City one month immediately preceding this election, 
 and am now and have been for the last five days past, a resident of this ward, and 
 have not voted at this election.” 
 
 If any person challenged shall refuse to fake the oath, his vote shall be rejected. 
 If he shall take the oath, his vote shall be received, unless his vote shall be proved 
 to be false, to the satisfaction of a majority of the judges.* 
 
 Sec. 13. In case it shall be necessary to suspend the voting, or to adjourn for 
 dinner before the polls are closed, or to adjourn the canvassing of the ballots after 
 the polls are closed, in either ease the ballot box shall be publicly opened in the 
 presence of all the judges, and the poll lists placed therein. The ballot box shall 
 then be taken and sealed, and the opening in the top sealed by the judges, and the 
 box delivered to one of the judges and the key to another, to be so kept until the 
 re-opening of the polls, or until they shall meet for canvassing the ballots. 
 
 Sec. 14. The clerks shall, from time to time, and at the closing of the polls, 
 examine and compare their poll lists and correct all errors therein, under the direc¬ 
 tion of the judges, until they shall correspond. When the polls are finally closed, 
 the judges and cleiks shall proceed to canvass the ballots, and shall first count all 
 the ballots unopened, except so far as to ascertain whether a ballot be single or not; 
 if two or more ballots be found folded together they shall be rejected. If, after 
 counting the ballots, and rejecting such as are double, the number of ballots receiv¬ 
 ed shall exceed the number of votes polled, the judges shall replace the ballots in 
 the box, and after shaking them up, draw out by lot and destroy the number of the 
 excess. 
 
 Sec. 15. In canvassing the ballots, the clerk shall mark down the votes each 
 candidate receives, and the office which he is voted for in the ballot as the ballots 
 are read by the judges. If any ballot shall contain a greater number of names of 
 persons voted for, for any office than there are persons to be elected to that office, 
 it shall be void so far as that office is concerned. No ballot shall be rejected if the 
 judges can determine to their satisfaction the person intended to be voted for, and 
 the office which the voter intended he should fill. If two or more ballots shall be 
 found folded together they shall all be rejected : or if any ballot shall have any 
 mark or figure on the outside thereof, intended to designate one ballot from another, 
 it shall be rejected. The ballots shall, when the count is finished, be placed in the 
 ballot box and sealed up and returned to the city clerk with the returns. The list 
 
 ‘When a vote is tendered at an election and the oath required by law is taken 
 and not proven to be false—by evidence satisfactory to a majority of the judges— 
 they have no discretion, but must receive the vote. Spragins vs. Houghton, 2 Scam. 
 Rep 408. 
 
*76 
 
 ORDINANCES. 
 
 of rejected votes, and the rejected ballots, shall also be sealed up in a separate en¬ 
 velop and placed ir the ballot box with the ballots. 
 
 Sec, 16. The clerks shall each make out returns of the election, by writing in 
 full the name of each person voted for, the number of votes received by him, and 
 the office for which he was voted for. The returns may be in the following form : 
 
 c ‘ At an election held at-, in the-w T ard of the city of Warsaw, on 
 
 *-the-day of-185—, the following named persons received the 
 
 number of votes set opposite to their respective names, for the following described 
 offices, to wit: 
 
 A. B. had one hundred votes for mayor, 
 
 C. D. had ninety-nine votes for mayor, 
 
 {And so on through the whole list of officers voted for.) 
 
 Certified by us at Warsaw, this -— day of -185—. 
 
 A. b.,; 
 
 C. D., > Judges. 
 
 E. F., J 
 
 L IL, ? \ Clerka * 
 
 Sec. 17. Upon completing the returns, the judges shall enclose them in two en¬ 
 velops with a poll list in each, and shall seal and direct them to the “City Clerk 
 of the city of Warsaw,” marked “ Election Returns.” The judges shall then 
 choose one of their number who shall deliver one of the returns with the ballot box 
 and the ballots to the City Clerk within three days. The other return shall be given 
 to another of the judges who shall keep it at least one year. If any judges of 
 elections chosen to deliver the returns and ballot box and ballots to the City Clerk, 
 shall not deliver the same safely, with the seal unbroken, within three days after 
 the election, he shall be subject to a penalty of not less than fifty dollars. 
 
 Sec. 18. When all the returns shall be filed with the City Clerk, he shall, with¬ 
 out delay, notify the Mayor or any two Aldermen thereof, who shall immediately 
 call a meeting of the City Council. The City Clerk, in the presence of the City 
 Council, shall open the several returns and canvass the same, and, when finished, ' 
 the City Council shall declare the result,* and the Clerk shall enter the same at 
 full on the journals, naming each person voted for, the number of votes he received, 
 for what office, and who is elected. 
 
 Sec. 19. When two or more candidates for any elective office shall have an 
 equal number of votes for^such office, the election shall be determined by the 
 casting of lots in the presence of the City Council, in the manner following. There 
 shall be placed in a ballot box as many folded ballots as there are persons having 
 an equal number of votes. On one of the ballots the name of the office for which 
 the candidates were voted for shall be written, and the other ballot shall have some 
 other word written upon it. The candidates shall each then draw one ballot, and 
 the candidate drawing the ballot on which the name of the office is written shall be 
 
 *When the law requires the judges of elections to make out their returns certified 
 by them—return the same to the City Council or other proper officers who consti¬ 
 tute a board of canvassers, the latter can only declare the result as shown by the 
 returns of the judges, and, unless the election is contested, can not pass upon the 
 qualifications of voters or recanvass the ballots and reject any of them. People vs. 
 Kill duff, 15 Ills. Rep. 500. 
 
ELECTIONS. 
 
 *T7 
 
 declared elected. If any candidate shall be absent, or shall refuse to draw a ballot, 
 the City Council shall appoint one of their number to draw for such candidate. 
 
 Sec 20. The City Clerk shall, within three days after any person is declared 
 elected to an office, deliver to the Marshal a written notice, directed to the person 
 elected, notifying him of his election, naming the office to which he has been de¬ 
 clared elected, and requesting him to qualify within twenty clays after such notice. 
 The Marshal shall, without delay, deliver the notice to the person to whom it is 
 directed; 
 
 Sec. 21. The City Marshal and all other police officers shall attend at all elec¬ 
 tions, for the purpose of maintaining order and keeping the peace. The judges 
 shall preserve 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 shall at. the polls break or disturb the peace, or conduct himself in 
 a riotous or disorderly manner, shall be subject to a penalty of not less than five 
 dollars. 
 
 Sec. 22. If any person shall illegally vote or attempt to vote at any election, 
 or being a legal voter shall vote or attempt to vote a second time at the same elec¬ 
 tion, or shall knowingly vote or attempt to vote more than one ballot at an election, 
 he shall in each case be subject to a penalty of not less than fifty dollars. 
 
 Sec. 23. Whoever shall aid, abet, or encourage any person to vote or attempt 
 to vote illegally at any election, shall be subject to a penalty of not less than fifty 
 dollars. 
 
 Sec. 24. Any judge of elections who shall refuse to receive the vote of any 
 legal voter who shall take or offer to take the oath herein required, unless there 
 shall be evidence satisfactory to a majority of the judges that the vote of such per¬ 
 son is clearly illegal, or who shall receive the vote of any person challenged who 
 shall refuse to take the oath herein required, shall, in each case, be subject to a 
 penalty of not less than fifty dollars. 
 
 Sec. 25. Any judge or clerk of elections who shall knowingly admit or receive 
 any illegal vote, or shall knowingly permit any person to vote more than once at 
 the same election, or to vote more than one ballot, or shall be guilty of any fraud, 
 corruption, partiality, or manifest misbehaviour in the discharge of the duties re¬ 
 quired of him, or shall wilfully neglect or refuse to discharge or perform any duty 
 herein required, shall, in each case, be subject to a penalty of not less than fifty 
 dollars. 
 
 Sec. 26. Whoever shall, at any election, by force seize or attempt to seize, or 
 carry away any ballot box or poll list, shall be subject to a penalty of not less than 
 one hundred dollars. 
 
 Sec. 27. If at any election any ballot box shall be carried away or destroyed 
 «o that the ballots therein cannot be counted, the election shall be void and the City 
 Council shall o'der a new election. 
 
 Sec. 28. Any candidate for an elective office who shall desire to contest the 
 validity of any election, or the right of any person declared elected, to hold the 
 office to which he claims the right, shall within ten days after the election give 
 notice of his intention in writing, to the person whose election he intends to contest; 
 or if such person can not be found, he shall leave a similar notice at his usual res¬ 
 idence, stating in such notice the specific reasons for which his election will be 
 contested. He shall also notify the City Clerk of his intention to contest such 
 election, by filing a copy cf the notice with him; and the City Clerk shall not, 
 
ORDINANCES. 
 
 78 
 
 effer the filing of the notice with him, issue any certificate of election to the per¬ 
 son whose election is contested. The City Clerk shall report such notice to the 
 next meeting of the City Council, and the City Council shall fix a time for the 
 hearing and examining into such contest within thirty days; and at the time speci¬ 
 fied shall hear and examine all the testimony under oath if required which may be 
 offered by both parties touching the case, and shall determine who is entitled to 
 the place contested by a vote upon a call of the tc yeas” and a nays, J? and the City 
 Clerk shall enter the determination at full upon the journal. 
 
 Sec. 29. If the election to the office of Mayor is contested, and the person 
 whose election is contested is in possession of the office, the City Council shall 
 choose one of their number as presiding officer, until the contest shall be deter¬ 
 mined. 
 
 Sec. 30. The Mayor or presiding officer of the City Council shall issue warrants 
 under the corporate seal for all witnesses that may be required, and deliver the 
 same to the City Marshal, who shall serve the same by reading, or by delivery of a 
 copy thereof to the person summoned, and shall make return in what manner he 
 lias executed the same ; and any person who shall neglect or refuse to appear or to 
 testify when so required and summoned, shall be subject to a penalty of not less 
 than twenty-five dollars, and may be compelled to appear or to testify in any other 
 legal manner. When any witness may be unable to attend from sickness or other 
 cause, or is beyond the jurisdiction of the City Council, his deposition taken in 
 accordance with the laws of the Slate may be read in evidence. 
 
 Sec. 31. Judges and clerks of elections shall each be entitled to receive one 
 dollar for each day they may be actually engaged in holding and conducting any 
 
 election ; and the City Clerk may draw his warrant on the Treasurer for the same 
 in favor of the person entitled thereto. 
 
 CHAPTER XI. 
 
 FIRE DEPARTMENT. 
 
 An Ordinance Organizing the Fire Department. 
 
 DIVISION I.—OF THE ORGANIZATION, ETC., OF FIRE DEPARTMENT. 
 
 Section 1. The five department of the city shall consist of the Mayor, the 
 Aldermen, the City Marshal, a chief Engineer and two assistant Engineers; and 
 such members of organized fire companies as may, from time to time, be appointed 
 and confirmed by the City Council. 
 
 Sec. 2. The City Council may, from time to time, procure the necessary engines, 
 hose, hooks and ladders, buckets, and other fire apparatus for the use of the fire 
 department, and shall provide convenient places for the safe keeping thereof; and 
 such fire apparatus shall be kept in the best order for immediate use, by the officer, 
 person, or company having charge of the same; and who, wdien any such appa¬ 
 ratus may need repairs, shall, without delay, notify the Mayor thereof, who shall 
 Immediately cause all necessary repairs to be made. 
 
FIRE DEPARTMENT. 
 
 79 
 
 Sf.c. 3. Tlie Mayor, or in his absence, the chairman of the committee on fire 
 and water, shall have and exercise a general supervision over the fire department; 
 and he shall report to the City Council quarterly, on the first Mondays of January, 
 April, July and October in each year, or oftener if required or necessary, the 
 condition of the engines, hose, hooks and ladders, buckets and other fire apparatus 
 which may belong to the fire department, and of the buildings in which they may 
 be kept, and shall recommend such additions, improvements or alterations as may 
 be deemed expedient or necessary. He shall also examine info the condition of 
 such lire companies as may belong to the fire department, and report whether their 
 organization is efficiently preserved, their records properly kept, and their by-laws 
 duly observed by the members, and a non-compliance therewith strictly enforced 
 by the company. He shall also, from time to time, report the names of such per¬ 
 sons as may have been admitted members of any organized fife company, for con¬ 
 firmation by the City Council, and shall report to the City Council the names of 
 such officers or members of the fire department as have disobeyed orders, or ne¬ 
 glected or refused to perform any duties required of them. 
 
 Sec. 4. The chief Engineer of the fire department, or, in hi3 absence, the assist¬ 
 ant Engineer, who may first be in attendance at any fire, shall take the command, 
 and all officers and members of the fire department, and by-standers, shall observe 
 and obey the orders and directions of the officer in command. The Aldermen shall 
 report themselves at each fire to the officer in command, and shall aid and assist in 
 procuring supplies of water for the engines or buckets, in forming lines for the 
 passage of water, in preventing the hose from being trodden upon, in keeping all 
 idle or suspicion persons, or persons not usefully employed, out of the waj and 
 from the vicinity of the fire, and in preserving and protecting property from dam¬ 
 age or los3 by fire or theft. 
 
 Sec. 5. The City Marshal and all other police officers of the city, shall, at 
 each fire, without delay, report themselves to the officer in command, and remain 
 and be subject to his orders and directions, in preserving and protecting property, 
 and in aiding in extinguishing tiie fire, and in discharging police duty. The Super¬ 
 visor shall also report himself at each fire, and shall, as far as in his power, pre¬ 
 serve and protect any planked street or sidewalk from injury. If the Marshal, the 
 Supervisor, or auy police officer shall neglect to attend at any fire, without a satis¬ 
 factory excuse, or shall refuse or willful!}/" neglect to perform any duty herein re¬ 
 quired of him, he shall be subject to a penalty of not less than five dollars. 
 
 Sec. G. The firemen may be divided into companies of enginemen, hosemen, 
 hook and ladder men, and bucket men. Each company may adopt such organiza¬ 
 tion and choose such officers, subordinate to the ordinances of the city, as may be 
 deemed best calculated efficiently to accomplish the objects and purposes contem¬ 
 plated, and may be composed of not less than thirty, and not exceeding sixty 
 active members, or such number as the City Council ma} r , from time to time, pre¬ 
 scribe. The several hre companies shall have the charge and custody of such en¬ 
 gines and other fire apparatus as may be delivered to them, and of the buildings in 
 
 which the same may be kept, and shall cause all such fire apparatus to be kept and 
 preserved in the best order for immediate use. 
 
 Sf,c. 7. Upon an alarm of fire, the different fire companies, under the command 
 of their proper officers, shall repair to the place of the fire with their engines or 
 other fire apparatus, and there work and manage the same under the direction of 
 the officer in command, or in his absence, place and manage the same in the most 
 
so 
 
 ORDINANCES. 
 
 •effectual manner until the fire is ‘extinguished. No fire company shall leave any 
 fire, or shall remove their apparatus therefrom, without the order or permission of 
 the officer commanding ; and when the game is given, shall return their engines or 
 other fire apparatus well cleansed and in good order to the place of deposit. 
 
 Sec. 8 . No person shall use any fire apparatus for any private purpose; nor 
 shall, without authority, remove the same from the place of deposit thereof, under 
 a penalty of not less than five dollars; and no person having charge of any tire 
 apparatus shall permit the same to he used for any private purpose, under a penalty 
 of not less than five dollars, besides being personally liable for all damages that 
 may occur thereby. 
 
 Sec. 9. The active and working member? of any fire company shall be exempt 
 from serving upon any jury, or working upon the streets and alleys, or paying any 
 tax for the same. Each company shall, from time to time, cause to be returned to 
 the Mayer, to be reported by hiir to the City Council, the names of persons who 
 have been admitted members of such company, and the names of such as have 
 been dismissed from or ceased to be memoers of such company. And each com¬ 
 pany shall, on the first Monday of July, annually, cause to be returned to the 
 
 * v 
 
 Mayor, to be reported by him to the City Council, a correct list of all the active 
 and working members then actually belonging to such company. The City Clerk 
 shall keep a register of the names of the active and working members of any fire 
 company, and the evidence to entitle any member to the exemption herein named 
 shall be the clerk’s certificate, under the corporate seal, for the year for which the 
 exemption was claimed. 
 
 Sec. 10. The officer in command at any fire, may direct the tearing down or 
 removal of any building, erection, or fence, for the purpose of checking the progress 
 of the fire; and with th« concurrence of two Aldermen, may cause any building 
 or other erection to be blown up during the progress of the fire, if deemed necessa¬ 
 ry to extinguish cr check the same. 
 
 Sec. 11. The Mayor or any Alderman, the Marshal, the chief Engineer, or any 
 assistant Engineer, or the officer commanding any fire company, may require all 
 male persons in the city, and all by-standers to aid in drawing or conveying any 
 engine or other fire apparatus to any fire, or to aid in managing and working the 
 same while at any fire., or otherwise assist in extinguishing the fire, or in removing, 
 guarding, and protecting property ; and any person wffio shall neglect or refuse so 
 to aid and assist when so required, shall be subject to a penalty of not less than 
 three dollars. 
 
 Sec. 12. Whoever shall, at any fire, wilfully hinder, delay, resist, or obstruct 
 any officer, fireman or other person, in the discharge of his duty, or shall neglect 
 or refuse to obey and observe the lawful commands of any officer, or shall conduct 
 himself in a riotous or disorderly manner, shall, in each case, be subject to a pen¬ 
 alty of not less than five dollars. 
 
 Sec. 13. The Mayor or any Alderman, or other officer belonging to the fire de¬ 
 partment, may, and the Marshal and other police officers shall, during any fire, ar- 
 lest any suspected person, or any person stealing or trespassing upon any property, 
 or any person hindering, resisting or obstructing any officer or other person in the 
 discharge of his duty, or neglecting or refusing to obey the lawful commands of 
 any officer, or conducting himself in a riotous or disorderly manner, and if neces> 
 gary detain him in custody, or commit him for examination until he can be brought 
 before a competent court or magistrate. 
 
FIRE DEPARTMENT. 
 
 < T 
 
 Sec. 14. The commanding officer may. during any fire, prescribe limits in the 
 vicinity thereof, within which no person not residing therein, or not connected with 
 the tire department, or usefully employed in aiding in extinguishing the fire, shall 
 he permitted to come, under a penalty of not less than three dollars ; and the Mar¬ 
 shal and all police and other officers, shall aid in executing the requirements of this 
 section. The City Marshal may, when necessary, with the concurrence of the 
 Mayor or two Aldermen, appoint, as property guards, such a number of known 
 and reputable citizens of the city, as may be necessary to aid in the guarding, pro¬ 
 tecting and preserving of property at any fire ; and the persons so appointed, shall 
 have and possess the same powers as police officers, during the time they shall so 
 act, and the Marshal shall return a list of such persons to the City Council, and 
 they shall be entitled to receive such reasonable compensation as the City Council 
 may allow. 
 
 Sec. 15. Whoever shall willfully, maliciously or negligently break, deface, de¬ 
 stroy, or otherwise injure any fire engine or other tire apparatus belonging to the 
 city, or to any fire company, shall be subject to a penalty of not less than twenty- 
 five dollars, and in addition thereto the expenses which may be incurred in repair¬ 
 ing the injuries committed shall be added to the penalty and form a part thereof. 
 
 DIVISION II.-PRECAUTIONARY REGULATIONS. 
 
 Sec, 16. All stovepipes shall be securely put up, so as not to be in danger of 
 falling, and shall lead and be closely fitted into a brick or stone Hue or chimney, 
 unless the Mayor, the chief Engineer, or two Aldermen shall deem it to be equally 
 safe if put up otherwise, and shall certify the same in writing. If any stovepipe 
 shall lead otherwise than into a chimney or flue, it shall not pass through any roof, 
 nor the side of any building, nor through more than one ceiling oi partition before 
 leading into a chimney or flue, and shall be separated at least three inches from any 
 wood or other combustable material, by a double circle of tin, zinc, or sheet iron 
 connected together with like material, with air holes through the connecting mate¬ 
 rial, between the pipe and the wood. All stoves put up or used without secure 
 aprons or hearths, shall be placed upon a platform of brick, zinc, or other incom¬ 
 bustible material, extending far enough around the same to prevent the fire from 
 falling upon the floor, and if set within eighteen inches of the wood work of anv 
 wall, the wall shall be protected with a zinc or other incombustible covering so as 
 effectually to prevent taking fire from the stove. All chimneys or flues shall be 
 built of biick or stone, well laid in lime morter, and shall be smoothly plastered 
 on the inside thereof, and shall be constructed in such a manner as that they shall 
 settle with the rest of the building, and not be liable to separate or crack by the 
 settling of the building. The holes for the insertion of stovepipes shall be made 
 with an iron, stone, or earthenware thimble or casing inserted into the chimney or 
 due, and when the chimney or flue shall be used, such holes, unless also m use. 
 shall be securely stopped with a tin, iron, or zinc stopper, having a flang of at. 
 l°ast one inch outside the chimney or flue. No chimney or flue built in anv loft 
 shall be used unless there are stairs leading to such loft, or it is otherwise easy of 
 access at all times. Whoever shall put up, erect, or build any stove, stovepipe, 
 chimney or flue, contrary to the requirements of this section, shall be subject to *. 
 penalty of not less than three dollars; and whoever shall use any such stovepipe, 
 stove, chimney, or flue, so put up or erected contrary to the requirements of this. 
 
82- 
 
 ordinances. 
 
 section, shall be subject to a penalty of not less than one dollar for each day the 
 same may be so used. 
 
 Sec. 17. No person shall carry or use any lighted candle, lamp, or fire in any 
 part of any building, or stable, where any hay, straw or other like combustible ma¬ 
 terials are kept, without securing the same in a lantern or other secure casing, so as 
 not to endanger the taking fire thereby, under a penalty of not less than three 
 dollars. 
 
 Sec. IS. All mechanics or other persons using,or occupying shops, buildings or 
 places where shavings or other like combustible materials are made or accumulated, 
 shall clear out and remove such combustible materials from the building, shops or 
 places, and the premises adjacent or attached thereto, as often as may be necessary 
 to prevent the dangerous accumulation thereof. The stove used in any such shop or 
 building shall be set in a box or frame, extending at least six inches above the floor, 
 and at least eight inches around and outside the stove, and filled or lined with fire¬ 
 proof material; the pipe of such stove shall be carefully put up as is herein required, 
 and all lighted candles or lamps used in any such shops or buildings shall be set in a 
 candlestick or stand, not liable to take fire, and all such lights shall be kept at a se¬ 
 cure distance from any combustible material. Nor shall any fire, or other light be 
 left burning therein, when no person may be in such shop or building. Whoever 
 shall not comply with, or shall violate any provision of this section shall, in each 
 •case, be subject to a penalty of not less than three dollars. 
 
 Sf.c. 19. No person shall carry from one place to another, any live or burning 
 coals or fire, without securing the same in such a manner as to prevent the coals or 
 sparks from falling or flying therefrom, or otherwise so as not to endanger any build¬ 
 ing or property thereby, under a penalty of not less than three dollars. 
 
 Sec 20. No person shall keep or deposite any ashes in any building, or in any 
 place within twenty feet of any building, shed, fence, or other combustible material, 
 unless within a secure and covered metallic or earthenware or other fire-proof vessel, 
 or in a fire-proof ash house without wood in any part thereof, under a penalty of 
 not less than three dollars ; and all soap boilers or other persons using ashes in man¬ 
 ufacture in any wooden ash hopper or other wooden structure, shall keep them welP 
 dampened or saturated with water, under a penalty of not less than three dollars. 
 
 Sec. 21. No person shall stack or deposite any hay, straw or other like combus¬ 
 tible materials within one hundred feet of any dwelling house or other building in 
 which fire may be kept, without being so secured and enclosed as to be protected 
 from sparks of fire, under a penalty of not less than three dollars, and a tike penalty 
 for each day the same may remain. 
 
 Sec. 22. No person, unless it may be raining at the time or the air still, shall 
 set fire to or burn any shavings, straw or other combustible materials in any open 
 or public place in the inhabited part of the city ; nor shall any person at any time 
 set fire to or burn any such combustible materials in any open or public place be¬ 
 tween the hours of nine o’clock, A. M. and five o’clock P. M., or within thirty 
 feet of any building or other property likely to be endangered or damaged thereby, 
 under a penalty of not less than three dollars in each case. 
 
 Sec. 23. No person shall boil any pitch, rosin, tar, or other inflammable liquid 
 or substance, except within a fire-proof building, or in some open place at least 
 thirty feet distant from any building or property likely to be endangered or damaged 
 thereby, under a penalty of not less than three dollars. 
 
 Sec. 24. No person shall make, kindle, or use any fire in any building not fire 
 
EIRE DEPARTMENT. 
 
 83 
 
 proof, or in any shed except in a secure fireplace or furnace made for that purpose j 
 nor shall any person make, kindle, or use any out door fire, when necessary for 
 out door or other work, within twenty feet of any building or other property likely 
 to be endangered or damaged thereby, unless within a secure furnace made for that 
 purpose, nor shall leave any such out door fire burning after ceasing to use the 
 same, under a penalty of not less than three dollars in each case. 
 
 Sec. 25. No person shall set fire to or burn out any chimney or flue, except in 
 the day time and when it may be raining or the roof of the house may be covered 
 ■with snow, under a penalty of not less than three dollars ; and the person occupy¬ 
 ing any building shall cause all chimneys, flues and stovepipes which may be used 
 therein, to be cleane 1 , swept or burned out at least once during each 3 ear, and as 
 much oftener as may be necessary to prevent the dangerous accumulation of soot, 
 under a penalty of not less than three dollars. 
 
 Sec. 26. Whoever shall negligently or wilfully make, kindle, use, or leave any 
 fire, or shall deposite, leave, or use any ashes or other dangerous combustible or 
 inflammable material, liquid or substance, or shall leave or use any lighted candle, 
 lamp or gas light, at such a time or in such a manner as to cause damage or injury 
 to any building or other property, or to endanger any building or other property 
 likely to be damaged or injured by such negligent or willful act, shall, in each case, 
 be subject to a penalty of not less than three dollars. 
 
 Sec. 27. The owner of any building not covered with fire proof material and 
 exceeding one story in height, shall cause a suitable scuttle or opening to be con¬ 
 structed in the roof thereof, with convenient stairs leading thereto, or shall provide 
 and keep upon the premises a substantial ladder long enough to reach the roof of 
 such building, or shall provide some other convenient means of access to the same, 
 under a penalty of not less than three dollars, and a like penalty for each week he 
 shall fail to comply with the requirements of this section. 
 
 Sec. 28. No person shall trail, strew, or leave any shavings, straw or other like 
 combustible materials in, around, or near any building or property, so as to endan¬ 
 ger or be likely to endanger or damage the same thereby, under a penalty of not 
 less than three dollars. 
 
 Sec. 29. No lumber yard shall hereafter be established within the fire limits ; 
 nor shall any mechanic or other person keep on hand, for manufacturing purposes, 
 within the fire limits, more than fifteen thousand feet of lumber at one time, under a 
 penalty of twenty-five dollars in each case ; and all persons keeping or having lum¬ 
 ber on hand whether within or without the fire limits, shall keep the same piled up 
 or stacked in compact piles, and shall not permit any shavings, straw or other like 
 combustible materials to be deposited or scattered near or around the same, under a 
 penalty of not less than three dollars. 
 
 Sec. 30. The Mayor, the Aldermen, the City Marshal and Police Constables, 
 shall be ex-officio fire wardens; and they and the chief Engineer and assistant Engi¬ 
 neers of the fire department shall have power to enter all buildings and premises to 
 examine whether they are in a safe condition; and shall enforce or cause to be en¬ 
 forced all the provisions hereof, and shall prosecute or cause to be prosecuted all 
 violations of the same ; the chief Engineer or one of the assistant Engineers of the 
 lire department shall, during the month of November in each year, examine all the 
 buildings and premises within the city; and shall, from time to time, or whenever 
 requested by the owner or occupant of any building or premises, (or the Mayor or 
 •any Alderman, when so requested) shall carefully examine the same or any contig- 
 
84 
 
 ORDINANCES. 
 
 uous building or premises, and shall notify and require the owner or occupant 
 thereof liable therefor, to cause any chimney, flue, stove, stovepipe, furnace, ash 
 house, or other place in which fire may be kept or used which may be deemed 
 unsafe or dangerous, or any other cause from w’hich immediate danger of fire may 
 be apprehended, or which may be deemed unsafe or dangerous in causing or pro¬ 
 moting fires, to be without delay removed, abated or placed in a safe condition ; 
 and upon the neglect or refusal of such ow T ner or occupant to comply with such 
 notice, he shall be subject to a penalty of not less than three dollars, and an officer 
 shall, without delay, cause such budding or premises to be placed and put in a safe 
 condition 5 and the necessary costs thereof shall be collected of such owner or oc¬ 
 cupant liable therefor, and recovered by suit in the name ©f the city, before any 
 court having jurisdiction. 
 
 DIVISION III.-FIRE LIMITS. 
 
 Sec. 31. All that part of the city embraced within blocks numbered eighteen, 
 nineteen, twenty, twenty-one, twenty-four, twenty-five, thirty'", thirty-one, thirty- 
 six, thirty-seven, forty-one, forty-two, sixty-six, and sixty-seven, of the original 
 towm plat of the town (now' city) of Warsaw ; and block one in Ralston’s addi¬ 
 tion, with such other parts of the city as may hereafter, from time to time, be added 
 thereto by ordinance, shall constitute and be known as the fire limits. 
 
 Sec. 32. No building or part of any building shall be erected wfithin the fire 
 limits, unless all the outside walls and party walls thereof shall be built of stone, 
 brick, or other fire proof material; and all wooden joists, beams, or other timbers, 
 placed in the outside or party walls, shall be separated from each other at least four 
 inches, with stone or brick well laid in mortar, and all wooden lintels or plate 
 pieces, placed in the front, rear, or side walls, shall recede from the outside of the 
 wall at least four inches, or when they shall not so recede shall be covered with 
 fire proof material. 
 
 Sec. 33. All roofs and gutters hereafter placed on any brick or other fire proof 
 buildings, already erected or to be erected, shall be covered on the outside surface 
 with copper, tin, iron, or other fire proof material j and all wooden cornices placed 
 upon any such building shall be covered with like fire proof material, and shall be 
 separated from the wooden cornice or other wooden part of any adjacent building, 
 by a brick or other fire proof partition of at least four inches ; nor shall any of the 
 outer timbers or woodwork of any such building connect with any of the interior 
 timbers or woodwork; but the roofs, cupolas, or spires of churches or other public 
 buildings, wdiich may stand thirty feet from any other building, or the 
 roofs of buildings already erected and used exclusively for private dwellinghouses, 
 may be covered or built with boards or shingles; and sheds with one or more of 
 the sides entirely open, not exceeding ten feet in height at the highest part, and 
 privies not exceeding ten feet square and ten feet in height may be built of wood. 
 
 Sec. 34. All outside, end and party fire walls of any brick or other fire proof 
 building shall extend above the roof of such building at least ten inches ; nor shall 
 the planking or sheeting of any roof extend across the fire wall of such building. 
 
 Sec. 35. No wooden building or part of any wooden building within the fire 
 limits, shall be erected, raised, repaired or enlarged except that buildings built of 
 wood and. used exclusively for private dwelling houses may be repaired, but shall 
 
FIRE DEPARTMENT. 
 
 85 
 
 not be raised or enlarged; nor shall any such wooden building or part of wooden 
 building within the fire limits, be removed to any other place within the same; nor 
 shall any such building or part of building be removed into the fire limits, from 
 without the same ; nor shall any wooden building within the fire limits which may 
 become damaged to the extent of fifty per cent of the value thereof by tire or other 
 casualty, be repaired or rebuilt; nor shall any such building when the damage 
 thereto is less than fifty per cent, of its value, be so repaired as to be raised higher 
 than the highest point left standing after such damage shall have occurred, or so as 
 to be in a better condition or state of repair than before such damage, or so as to 
 occupy a greater space than before the injury thereto. 
 
 Sec. 36. The extent of damage that may be done to any such building by fire 
 or other casualty, may be determined by three disinterested citizens of the city, one 
 of whom shall be selected by the owner of the building or his agpiif, the second by 
 the Mayor or the majority of the committee on fire and water, and the two so cho¬ 
 sen shall select a third, and the decision of the persons so chosen shall be final and 
 conclusive. 
 
 Sec. 37. Any owner, builder, or other person who shall own, build, or aid in 
 the erection, raising, enlarging Or repairing of any building or part of any building 
 within the fire limits contrary to or in any other manner than is authorized by the 
 provisions hereof; or whoever shall remove or cause to be removed, or aid in re¬ 
 moving any wooden building within the fire limits from one place to another within 
 the same, or from without the fire limits into the same, contrary in either case to 
 any provision hereof, or shall otherwise violate any provision hereof, shall, inpach 
 case, be subject to a penalty of not les3 than one hundred dollars, and to a like 
 penalty for each week he shall fail to comply with the provisions hereof or contin¬ 
 ue in violation of the same, to be sued for and recovered before any court or mag¬ 
 istrate having jurisdiction. 
 
 Sec. 38. Any wooden building or wooden part of any building which may be 
 erected, raised, enlarged, repaired, or removed, or which may be in a process of 
 erection, raising, enlargement, removal, or repair, contrary in either case to any 
 provision hereof, is deemed and is hereby declared to be a nuisance, and the Mayor 
 shall, upon information of any such violation, give due and reasonable notice to 
 the owner or builder of such building to abate, remedy, or remove the same or 
 such part thereof as may be necessary; and upon his failure to comply with such 
 notice, the Mayor shall, by an order in writing, require the city Marshal to remove 
 or tear down such building or such part thereof as may be necessary ; and the city 
 Marshal shall execute the order of the Mayor, and shall report the costs and ex¬ 
 penses of such removal upon oath to the City Council for allowance; and such 
 costs and expenses may he collected of the owner or builder of such building, liable 
 therefor, by suit in the name of the city before any court having jurisdiction, or 
 assessed against the premises chargeable therewith, and collected by warrant and 
 sale of the same, in the same manner as in cases of other nuisances. 
 
 Passed, July 2, 1859. 
 
8b 
 
 ORDINANCES 
 
 CHAPTER XII. 
 
 GAMING AND COUNTERFEITING IMPLEMENTS. 
 
 An Ordinance in relation to Gaming and Counterfeiting Implements. 
 
 Section. 1 . The Mayor, or any Police Magistrate, the Marshal or any Police 
 Constable shall seize or cause to be seized and brought before any Police Magistrate, 
 or reported to him, any gaming table, implement, instrument, or device, set up or 
 used for the purpose of gaming therewith; or any implements, instruments or devi* 
 ces used for the purpose of gaming, or for counterfeiting, lock-picking, pocket? 
 picking, or for the commission of burglery, or any Mexican puzzle, or other imple¬ 
 ment or device used by cheats, vagrants and swindlers, and in the possession of any 
 person without his being able to give a good account of the possession thereof. And 
 all such instruments, implements or devices shall be destroyed by the order or war? 
 rant of any Police Magistrate, upon his being satisfied that they are used, or to bo 
 used, or likely to be used for any unlawful purpose. 
 
 Sec. 2. Any Police Magistrate, upon satisfactory information that any gaming 
 table, implement, instrument or device is set up or used for the purpose of gaming 
 therewith, and concealed in any premises, or that any implements, instruments or 
 devices named in the preceding section, are concealed therein, shall issue to the Mar¬ 
 shal or any police officer a warrant for searching such premises and seizing and 
 bringing before or reporting to him any such implements, instruments or devices as 
 may be found therein; and the officer, in the execution of such warrant, may enter 
 such suspected premises peaceably, or after demand made and refused to admit him, 
 by force ; and may arrest all suspected persons found therein, and shall seize all such 
 unlawful tables, implements, instru ments, or devices, and the same shall be destroy¬ 
 ed by order or warrant of any Police Magistrate, as is required in the preceding 
 section. And whoever shall hinder, delay, resist, or obstruct any officer in the exe¬ 
 cution of any duty herein required, or shall aid or abet the same, shall be subject to 
 
 a penalty of not less than ten dollars. 
 
 Passed, July 2, 1859. 
 
 CHAPTER XIII. 
 
 GUNPOWDER. 
 
 An Ordinance in relation to Gunpowder . 
 
 Section. 1. No store or shop-keeper, or other person, shall keep at the 
 same time in any house, shop, store, cellar or warehouse, or in any boat, within the 
 limits of said city, more than thirty pounds of gunpowder. 
 
 Sec. 2. The aforesaid quantity of powder, allowed to be kept within the 
 
 limits of said city, shall be kept in close tin four-pound canisters, and in a good and 
 safe place. 
 
 Sec. 3. Every person offending against either of the foregoing provisions, 
 shall forfeit and pay the sum of twenty-five dollars, for the use of said city. 
 
 Sec. 4. It shall be lawful for the Mayor, whenever he shall be informed, 
 upon oath that there is probable cause to suspect any person of concealing or keep¬ 
 ing within said city, any quantity of gunpowder over and above thirty pounds as 
 
 aforesaid, to issue a search warrant to examine into the truth of such allegation or 
 suspicion, and search any place whatever therein. 
 
 Passed, July 2, 1859. 
 
BEALTH DEPARTMENT. 
 
 e' 
 
 CHAPTER XIV. 
 
 HEALTH DEPARTMENT. 
 
 An Ordinance establishing and regulating the Health Department. 
 
 Section 1. The City Council shall annually appoint by ballot one of their num¬ 
 ber from each ward, who shall constitute the Board of Health. The Mayor or pre¬ 
 siding officer of the City Council shall be President of the Board, and shall cause 
 all orders of the Board to be executed. The City Clerk shall be Clerk of the Board, 
 and shall keep minutes of its proceedings in a suitable book, and issue and deliver its 
 ■orders. 
 
 Sec. 2. The Board of Health shall hold meetings at the City Council chamber 
 as often as the Mayor may deem necessary, and the Marshal shall, when required 
 by the Mayor, give notice of such meeting to each member of the Board.— 
 A majority of the members of the Board shall constitute a quorum for the transac¬ 
 tion of business, and they may make and determine the rules of their own proceed¬ 
 ings, and such other rules and regulations as may be necessary to execute their pow¬ 
 ers and duties. If any member of the Board from any ward, from sickness, absence, 
 or other cause, shall be unable to attend any meeting of the Board, the Alderman 
 from such ward then being in the city having the oldest commission, shall attend 
 such meeting and be temporary member of the Board. 
 
 Sec. 3. The Board of Health shall exercise a general supervision over the health 
 of the city, aud shall make diligent examination and inquiry into all matters affecting 
 the same, and shall cause all nuisances to be abated or removed which they may 
 deem prejudicial or obnoxious to the public health or comfort, and may make such 
 sanitary regulations as they may deem expedient or necessary to preserve and pro¬ 
 mote the same, or to prevent the introduction or spreading of any contagious, ma dy¬ 
 nast, infectious or pestilential disease. 
 
 Sec. 4. All orders of the Board of Health shall be certified by the Clerk, and 
 the Mayor shall cause them to be executed by delivery thereof to the City Supervi¬ 
 sor, the Marshal, or any Police Constable, who shall execute all orders of the Board 
 of Health or of the City Council pertaining to the public health or the sanitary con¬ 
 dition of the city. 
 
 Sec. 5. All persons shall obey the orders and directions of the Board of Health, 
 and any member of the Board may order the abatement of any nuisance contrary to 
 any ordinance of the city which may be prejudicial to the public health; and who¬ 
 ever shall neglect or refuse to obey any order of the Board, or of any member thereof, 
 as herein required, shall be subject to a penalty of not less than three dollars. 
 
 Sec. 6 . The Board of Health may cause any person having any infectious, 
 contagious, or pestilential disease, with his consent, if a resident of the city, to 
 be removed to such safe, retired and proper place as may be deemed best, not to 
 exceed two miles from the city, and shall provide suitable nurses and other attena- 
 ance for such person, at his expense if able to pay for the same, and if not, at the 
 expense of the city. But if any such person, being a resident of the city, shall re¬ 
 fuse to be removed, or his condition is such that, in the opinion of the Board of 
 Health, removal would be attended with danger to his life, such measures shall be 
 taken as may be deemed advisable and best to prevent the spreading of the conta¬ 
 gion. If any such person shall have the small pox, or other like malignant and 
 infectious disease, the Board of Health may require notices with the words “small 
 pox here,” in large letters, to be posted up in conspicuous places on the house or 
 
33 
 
 ORDINANCES. 
 
 premises by the occupant thereof, who shall cause such notices to be placed and 
 kept up as long as shall be directed by the Board, and upon his failure to do so, he 
 shall be subject to a penalty of not less than ten dollars for each day be shall so fail 
 to place and keep up such notices. 
 
 Sec. 7. Any person having or having had the small pox or other like malignant 
 and infectious disease, who shall go about in any public place, before, in the opin¬ 
 ion of the Board of Health, he shall be in no danger of giving the disease to others, 
 shall be subject to a penalty of not less than twenty-five dollars. Any person at¬ 
 tending, or being about any other person having the small pox or other like Elec¬ 
 tions disease, who shall not change or purify his wearing apparel oefore going into 
 any public place, or who shall otherwise so conduct himself as to endanger the 
 spreading of the disease or the giving it to others., shall be subject to a penalty of 
 not less than twenty-five dollars. 
 
 Sec. 8. The Board of Health, when the sanitary condition or preservation of 
 the public health of the city shall render it necessary, may authorize the members 
 of the Board to execute a; -1 }' of the powers and duties herein required of the Super¬ 
 visor, the Marshal and Police Constables, and may appoint or employ such officers 
 or servants, and establish' such temporary hospitals and provide such necessaries 
 therefor as the public exigency may require. They shall see that all officers, or 
 persons employed by them discharge their duties. All expenditures incurred by 
 the Board of Health shall be reported to the City Council for allowance, and the 
 City Clerk shall keep an account of all disbursements made on account of the 
 health department. 
 
 Sec. 9. The Board of Health may cause any wearing apparel, bedding, or fur¬ 
 niture, which they may deem infectious or to endanger the public health of the city, 
 
 ■ o be removed not exceeding two miles from the city, or destroyed, but before de¬ 
 stroying the same, they shall, if practicable, cause an invoice and appraisal to be 
 made thereof, in order to make just compensation therefor. 
 
 Sec. 10. The Board of Health, the members thereof, the Supervisor, the Mar¬ 
 shal, and Police Constables shall at all times, cause all nuisances which they may 
 find, or which may be reported to them, to be abated, removed or remedied. Any 
 member of the Board of Health, the Supervisor, the Marshal or any Ponce Con¬ 
 stable may at all times during the day time, enter all premises and examine all 
 parts thereof and cause all nuisances found thereon to be abated, remedied, or re¬ 
 moved in such manner as he shall direct. 
 
 Sec. 11. Any person practising physic who shall have any patient in the city 
 laboring under any contagious, infectious or pestilential disease, shall forthwith 
 make report thereof, in writing, to the Clerk of the Board of Health, describing 
 the locality of such patient so that he may be easily found, and, upon failure to do 
 so. shall be subject to a penalty of fifty dollars. 
 
 Passed, July 2, 1859, 
 
HOGS AND GEESE. 
 
 89 
 
 CHAPTER XV. 
 
 HOGS AND GEESE. 
 
 An Ordinance relating to Hogs and Geese running at large , 
 
 Section 1. That every hog, pig or goose found running at large in any street, 
 lane, avenue or alley of the city of Warsaw, or in any uninclosed place within its 
 limits, is hereby declared a nuisance ; and the owner of each and every such hog, 
 pig or goose, shall forfeit and pay for the use of said city, the sum of one dollar 
 for every twenty-four hours such hog pig or goose shall run at large. 
 
 Sec. 2. That the City Marshal is hereby required to take up and confine in a 
 secure pen, pound or other place provided by him for that purpose, every hog, 
 pig or goose found running at large, and retain the same at least twenty-four hours ; 
 and if not redeemed within said twenty-four hours he shall dispose of them as 
 hereinafter directed ; and the said Marshal in the performance of the duties requir¬ 
 ed by this ordinance, may employ at his own expense all necessary aid ; and any 
 person who shall prevent, or attempt to prevent said Marshal, or those employed by 
 him, from performing any of the duties required by this ordinance, shall forfeit and 
 pay for the use of said city, not less than ten dollars, nor more than twenty-five 
 dollars, for every such offence. 
 
 Sec. 3. That if the owner of any such hog, pig or goose, shall, within twenty- 
 four hours after the same is taken up, pay to the City Marshal the penalty herein 
 provided and the fee for taking up and keeping the same, such hog, pig or goose 
 shall be restored to the owner; and if tfie owner does not redeem the same within 
 said time by payment aforesaid, the City Marshal shall, within the next twenty - 
 four hours, expose and sell the same at public auction to the highest and best bidder, 
 for cash, between the hours of nine and ten o’clock in the forenoon at the place or 
 confinement; Provided, however, that the sale of any such hog, pig or goose shall 
 not release the owner from the penalty and costs incurred for permitting the same 
 to run at large. 
 
 Sec. 4. That the money received on the sale of any such hog, pig or goose, 
 after deducting the penalty, and twenty-five cents for taking up and keeping, and 
 fifty cents for selling such hog., pig or goose, shall be paid to the owner thereof on 
 application to the City Marshal within six months after such sale; but if no appli¬ 
 cation is made, the balance over and above the Marshal’s compensation shall be 
 paid to the treasurer, for the use of the city. 
 
 Sec. 5. That the City Marshal, in addition to the foregoing fees, is hereby au¬ 
 thorized to retain, as fees, one half of all money by him received as penalties under 
 this ordinance, and required to pay the balance into the treasury. 
 
 Sec. 6 . That if no person shall bid at any sale the whole amount of costs for 
 taking up, keeping and selling, provided for in this ordinance, it shall be lawful for 
 the City Marshal for himself, to bid thereon the amount of his costs and charges ; 
 and, no one bidding more, the property offered shall be struck off to the Marshal 
 as in other cases. And the owner of any hog, pig or goose taken up, as aforesaid, 
 may redeem the same at any time before sale of the same, as provided for in the 
 third section of this ordinance. 
 
 Sec. 7. That the City Marshal shall, before selling any hog, pig or goose, 
 under this ordinance, advertise the same by a written or printed notice, giving a 
 description of the property and the time and place of sale, posted up at the front of 
 the post office in said city, for at least twenty-four hcurs before the time of sale. 
 
90 
 
 ORDINANCES. 
 
 and said Marshal may in his discretion, adjourn such sale from day to day, if neces¬ 
 sary, to get bidders. And, if said Marshal have reason to believe that any hog, 
 pig or goose so taken up, is owned by any person residing without the limits of the 
 city, it shall then be his duty to advertise the same, as aforesaid, for forty-eight 
 hours. 
 
 Passed, July 2, 1859. 
 
 CHAPTER XV. 
 
 LICENSES. 
 
 An Ordinance relating to Licenses. 
 
 DIVISION I.—LICENSES IN GENERAL. 
 
 Section 1 . The Mayor may receive applications for licenses, and grant the 
 same in all cases where it is not otherwise expressly provided, upon the terms and 
 conditions specified by ordinance. But if he shall not feel authorized to grant any 
 application for a license for any purpose, he may report such application to the 
 next meeting of the City Council for their action thereon. 
 
 Sec. 2. Any person desiring a license under the ordinances of the city, for any 
 purpose, shall make a written application to the Mayor therefor, stating the pur¬ 
 pose for which the same is desired, for what length of time, and specifying the 
 place where his business is to be carried on, and if required by ordinance to file 
 bond, before being licensed, he shall also name his proposed sureties on his bond in 
 his application. If the Mayor shall grant such application, he shall indorse the 
 same thereon, together with the amount taxed for the license; and upon the filing 
 of the application so indorsed with the City Clerk and the payment of the sum 
 specified to the Treasurer, the Clerk shall issue to such applicant a license for the 
 time specified. 
 
 Sec. 3. No license shall be granted for a longer period than one year, and all 
 licenses shall be signed by the Mayor, and countersigned by the City Clerk under 
 the corporate seal. No license shall be valid until signed and countersigned as 
 aforesaid, nor shall any person be deemed licensed until a license shall be duly 
 issued to him. Each license shall be dated the day of the issuing thereof, but if the 
 applicant has been acting without license, then it shall be dated from the time he so 
 commenced acting. 
 
 Sec. 4. All licenses granted, shall be subject to all ordinances in relation to 
 licenses which may be in force at the time of the issuing thereof, or which may be 
 subsequently passed by the City Council; and if any person licensed shall violate 
 any provision of any ordinance in relation to his license, he may be proceeded 
 against for any fine or penalty imposed thereby, and his license may be revoked or 
 forfeited in the discretion of the City Council, or of the court or magistrate before 
 whom any action may be brought for the recovery of any fine or penalty. 
 
 Sec. 5. No license granted shall be assignable or transferable j nor shall any 
 person be authorized to do business or act under such license, but the person to 
 whom it is granted, or any other place than the place specified therein, without the 
 consent of the City Council, to be certified on such license by the City Clerk. Nor 
 .shall any license authorize any peison to act under it at more than one place at the 
 
LICENSES. 
 
 91 
 
 •same time, or at any other time than is therein specified. Whoever shall violate 
 any provision of this section shall be deemed to be acting without license, and shall 
 be subject to the same penalty as is prescribed for acting without license. 
 
 Sec. 6. The City Clerk shall keep a license register, in which he shall enter 
 the name of each person licensed, for what purpose licensed, the place of business, 
 the date of the license, the amount paid, and the date of expiration of the same. 
 He shall pay into the city treasury on the first Monday of each month, all moneys 
 received by him on account of licenses, and shall quarterly, on the first Mondays 
 of April, July, October and January, in each year, report to the City Council au 
 abstract of all licenses granted since his preceding report, with the amount taxed 
 and received for the same. He nr ay change and receive a fee of fifty cents for each 
 license issued by him, and a fee of twenty-five cents for certifying the consent of 
 the City Council to the assignment, transfer, or change of place of business of any 
 license. 
 
 Sec. 7. Licenses may be issued as near as may be in the following form, to wit: 
 
 A. B., Mayor of the city of Warsaw, To all whom these presents shall come, 
 greeting: Know ye that C. D. having made application in due form (filed bond), 
 
 paid into the city treasury-dollars, and in all other respects complied with 
 
 the ordinances of the city in this behalf; Therefore, I, A. B., Mayor of the city 
 of Warsaw, for and in behalf of the people of 3aid city, do hereby authorize, em¬ 
 power, and license the said C. D., (here set forth the business or the purpose of the 
 license,) at-for- from-. 
 
 Nevertheless, this license is granted upon the express condition: that if the said 
 C. D. shall observe and obey all ordinances of the city which are or may be in 
 force regulating or relating to his said business, then this license shall be valid for 
 the period aforesaid ; otherwise it may be annulled, revoked, or forfeited at the op¬ 
 tion of the City Council, or in any other manner provided by ordinance. 
 
 In testimony whereof, I have hereunto set my hand and 
 caused the corporate seal of said city to be affixed at: 
 
 Tseal.! the Mayor’s office in said city of Warsaw, this -day 
 
 of -, A. D., 185—. 
 
 Countersigned and registered. 
 
 A. B., Mayor. 
 
 E. F., City Clerk. 
 
 Sec. 8. The City Marshal shall enforce all ordinances in relation to licenses, 
 and shall, from time to time, examine the license register, and prosecute all persons 
 who may be acting without license, and shall collect from them the sum which may 
 be taxed for their license ; and he shall be entitled to a commission of fifty cents 
 for each license so collected by him, to be paid by the person to be licensed ; and 
 his receipt shall be good to the extent and purport thereof ; but no person shall be 
 considered as licensed, until license shall be issued in due form as required by or¬ 
 dinance. 
 
 DIVISION II.-AUCTIONEERS.* 
 
 Section 1 . No person shall pursue the business of an auctioneer, or sell goods 
 
 •See State Constitution, Art IX, Sec. 2. The license law, chapter 64 Rev. Stat., 
 1845, does not conflict with that* provision of the Constitution requiring all taxation 
 to be by valuation and uniform. People vs. Thurber, 13 Ills. Rep., 554. See also 
 
92 
 
 ORDINANCES. 
 
 or property at auction, except under legal process, without a license therefor, under 
 a penalty of not less than five dollars for each sale made. 
 
 Sec. 2. For a license to pursue the business of an auctioneer, or to sell goods 
 or property at auction, there shall be taxed and collected twelve dollars for six 
 months, and twenty dollars for one year. 
 
 Sec. 3. Before a license shall be issued to any person to pursue the business of 
 ,an auctioneer, or to sell goods or property at auction, he shall file bond in the sum 
 |of three thousand dollars, with two or more sureties to be approved by the Mayor, 
 and conditioned for the prompt payment of all moneys, and the delivery of all 
 goods that may come into his hands in his business, to the person entitled to receive 
 the same; and which bond may be sued on in the name of the city, by any person 
 damaged by a breach of its conditions. 
 
 Sec. 4. Every auctioneer shall make a written report to the City Council or the 
 City Clerk, once in every three months; which report shall be under oath and shall 
 set forth the names of persons for whom he may have made sales; the time of 
 each sale, the kind of property, and amount sold for each person, and the total 
 amount of sales for the preceding three months, and which report shall distinguish 
 between property brought to the city to be sold at auction and that brought for pri¬ 
 vate and other purposes in the ordinary routine of business ; and for the purpose of 
 enabling such auctioneers to ascertain this fact, he may require any person procur¬ 
 ing such sale to be sworn and examined in this respect. And such auctioneer shall 
 at the time of making such report pay the City Treasurer for the use of the city five 
 per centum on all sales of property brought to the city, to be sold at auction, and 
 one-half per centum on all other sales. 
 
 Sec. 5. Every auctioneer aforesaid, who shall fail to make the report provided 
 for in the fourth section of this ordinance, or who shall make a false report, or who 
 shall exercise the business, or hold himself out as a common auctioneer within the 
 city, without license, and every person procuring any property to be sold at auction, 
 who shall refuse to make the oath and submit to the examination mentioned in said 
 section of this ordinance, shall be subject to the same forfeitures and penalties pro¬ 
 vided for in the seventh section of this ordinance. 
 
 DIVISION III.-BILLIARD ROOMS AND BALL ALLEYS. 
 
 Section 1 . No person shall keep any billiard or bagatelle table, or a ball or pin 
 alley, to be used or played upon by others for hire or gain, without a license there¬ 
 for, under a penalty of not less than five dollars for each person who may be per¬ 
 mitted to play thereon for hire or gain. 
 
 Sec. 2. There shall be taxed and collected for a license to keep billiard or bag¬ 
 atelle tables for one year, twenty-five dollars for one table, forty dollars for two 
 
 Sawyer vs. Alton, 3 Scam. Rep. 130. The 23d Section of said act which requires 
 the agent of any foreign insurance company to pay three per cent, upon the amount 
 of all premiums received by him into the county treasury, is constitutional. Sami 
 
 case. 
 
LICENSES. 
 
 03 
 
 tables, and fifteen dollars for each additional table. There shall be taxed and 
 collected for a license to keep a pin or ball alley for one year, twenty-five dollars 
 for one alley, forty dollars for two alleys, and fifteen dollars for each additional 
 alley. 
 
 Sf.c. 3. No keeper of a billiard or bagatelle table, or ball or pin alley, shall sutler or 
 permit any minor to frequent or loiter about the premises occupied by him. or to play or 
 roll upc n his table or alley without the previous consent of the parent, master or 
 guardian of such minor; nor shall sell or deliver any intoxicating liquors on the 
 premises occupied by said tables or alley, nor shall suffer or permit any riotous, 
 noisy or disorderly conduct upon the premises occupied by him to the disturbance 
 or annoyance of the neighborhood, under a penalty of not less than twenty*five dol¬ 
 lars and a forfeiture of his license. 
 
 DIVISION IV.-BROKERS, INNKEEPERS AND ORDINARIES. 
 
 9 i * * ‘ t 
 
 Section 1 . No person shall pursue or carry on the business of dealing in, or 
 buying, selling, discounting, or what is commonly known as shaving of, bills of 
 exchange, checks, drafts, bank notes, promissory notes, bonds, or other writing* 
 obligatory, or of buying or procuring of gold and silver coin to dispose of the 
 same for gain or a premium, without a license therefor, under a penalty of not less 
 than fifty dollars. 
 
 Sec. 2. Before any license shall be gi anted to any person applying therefor as 
 a money, stock, or exchange broker, he shall file with the City Clerk a statement, 
 under oath, if required, showing the amount of capital invested, the amount of bu¬ 
 siness transacted during the previous year, and the profits of such business ; or if 
 he shall not have been engaged in business, his statement shall show the amount of 
 capital he proposes to invest, the amount of business reasonably expected to be 
 transacted, and the supposed profits of such business, and the City Council shall 
 assess for such license, such a sum as may be deemed a reasonable tax upon such 
 business and the profits thereof; but the tax assessed for a license shall not be less 
 than twenty-five dollars, nor exceeding three hundred dollars for one year. 
 
 Sec. 3. No person shall pursue the business of a real estate broker without a 
 license therefor, under a penalty of not less than twenty-five dollars. A real estate 
 broker shall be deemed any person who is engaged in the business of selling, or in 
 negotiating the sale or purchase of real estate belonging to others, for a commis¬ 
 sion or other compensation. There shall be taxed by the City Council and collect¬ 
 ed for a license to pursue the business of a real estate broker, not less than five, 
 and not exceeding one hundred dollars for one year. 
 
 Sec. 4. No person shall carry on or pursue the business of an innkeeper, with¬ 
 out a license therefor, under a penalty of not less than twenty-five dollars. An 
 innkeeper shall be deemed any person who keeps a house of public entertainment, 
 and for a compensation furnishes lodging, or provisions, or both, to travellers and. 
 others. There shall be taxed by the City Council, and collected, for a license to 
 pursue the business of an innkeeper not less than five and not exceeding one hun¬ 
 dred dollars for one year. 
 
 Sec. 5. No person shall own, keep or conduct an ordinary without a license 
 therefor, under a penalty of not less than five dollars. An ordinary shall be deem¬ 
 ed any eating house, or other place where any kind of food or ealable is sold to be 
 eaten at the place of sale. There shall be taxed by the City Council and collected. 
 
n 
 
 ORDINANCES. 
 
 for a license to keep an ordinary, not less than five and not exceeding fifty dollar* 
 for one year. 
 
 BIVISTON V.-EXHIBITIONS, SHOWS AND AMUSEMENTS. 
 
 Section 1 . No person shall give or exhibit any theatrical or other exhibition 
 show, or amusement, where money is charged for admission thereto, without a 
 license therefor, under a penalty of not less than double the amount herein assessed 
 and taxed for such license. 
 
 Sec. 2 . For fairs, or lectures given before any society, or concerts, or other 
 exhibitions or amusements given exclusively by citizens of the city, no license shall 
 be required; and when any exhibition or amusement for which license is required, 
 shall be given for any charitable or benevolent purpose, the amount of the license 
 shall be appropriated to such object by the Mayor. 
 
 Sec. 3. For a license for the exhibition of any circus, menagerie, or other like 
 exhibition, there shall be taxed and collected, not less than twenty-five dollars for two 
 exhibitions or less, and not less than fifteen dollars for each exhibition there¬ 
 after ; not including side shows or other exhibitions travelling therewith or attached 
 thereto, which shall be taxed for a license not less than two dollars each. For a 
 license for any other exhibition, show or amusement, there shall be taxed and col¬ 
 lected not less than three dollars for any single exhibition, and not less than two 
 dollars for each exhibition thereafter. 
 
 Sec. 4. Any person giving or conducting any exhibition, show, or amusement, 
 shall preserve good order in and about his place of exhibition or amusement, and 
 if necessary for that purpose shall employ, at his own expense, a sufficient police 
 force. 
 
 Sec. 5. Any person who shall conduct himself in a riotous or disorderly man¬ 
 ner at any place of exhibition or amusement, shall be subject to a penalty of not 
 less than three dollars. And if any person belonging to or connected with any such 
 show or exhibition shall conduct himself in a riotous or disorderly manner, or cause 
 any disturbance or breach of the peace at the place of exhibition, the license of 
 such show or exhibition may be revoked or forfeited in the discretion of the Mayor 
 or any Police Magistrate, and no license shall thereafter be granted for such exhi¬ 
 bition, unless for good cause shown, with the consent of the City Council. 
 
 DIVISION VI.-LUMBER. 
 
 Section 1 . No owner or agent, or commander of any steamboat, raft, or other 
 craft, or any other person not an actual resident of this city, shall be allowed to 
 sell within the limits of this city, any lumber, shingles, lath or square timber, ex¬ 
 cept to lumber merchants, or unless the same shall have been manufactured within 
 the city of Warsaw or county of Hancock, without having obtained a license from 
 the city therefor; for which license each person applying for the same shall pay 
 two per cent, on the amount of his stock proposed to be offered for sale by him duly 
 certified and sworn to. 
 
 Sec. 2. It shall be the duty of the City Harbor Master, Police Constable and of 
 the City Marshal, to inform all lumber dealers of the city and all persons landing 
 for sale any lumDer or raft of lumber within the city, of the provisions of this 
 ordinance, and to collect and pay over to the City Clerk from all raftsmen, agents 
 or other persons embraced within the provisions of this ordinance, the per centage 
 
LICENSES. 
 
 9a> 
 
 and tax imposed by this ordinance. It shall be the duty of said Harbor Master, 
 Police Constable and of said City Marshal, to cause all persons violating the pro¬ 
 visions of this ordinance, to be prosecuted and the penalties herein provided for to 
 
 be collected ; Provided, that the failure to give the notice before mentioned, shall 
 not defeat the collection herein imposed. 
 
 Sec. 3. Any person who shall violate the provisions of the preceding sections, 
 shall for every offence forfeit and pay fifty dollars, one-half of vrhich shall be paid 
 
 to the informer, and the balance into the city treasury, to be recovered in the name 
 of the city, as other penalties are in case of violation of city ordinances. 
 
 DIVISION VII.-MERCHANTS. 
 
 Section 1. No person shall set up any store or place for the sale of merchan¬ 
 dise or lumber, after the first day of July and before the first day of May following, 
 (unless the personal effects of such person have been duly assessed for the current 
 fiscal year by the City Assessor,) \yithout having first obtained from the city a 
 
 license therefor, under a penalty of not less than five or more than one hundred 
 dollars. 
 
 Sec. 2. Any person or persons desiring a license under the preceding section, 
 shall state in his, her or their application to the Mayor, in addition to the other re¬ 
 quisites prescribed in section second, first division, of this ordinance, the average 
 stock of merchandise or lumber, said applicant designs to keep on hand, and on the 
 granting of said application, the Clerk shall issue a license to such applicant, to 
 tei minate on the first day of May following; and there shall be taxed and collected 
 for such license, the sum of ten cents for every one hundred dollars average stock, 
 
 for each month (rejecting fractions of a month,) which may intervene between 
 the date of said license and the time when the same may expire. 
 
 DIVISION VIII.—PEDDLERS. 
 
 Section 1. No person shall hawk or peddle any merchandise or other article 
 
 of value in the city, without a license therefor, under a penalty of not less than 
 five dollars. 
 
 Sfc. 2. All sales of goods or merchandise made by persons remaining transient¬ 
 ly in the city for the purpose of selling or disposing of the same by retail, or by 
 persons travelling or going about from one place to another with goods or merch¬ 
 andise, and selling or disposing of the same by retail, whether in any temporaly 
 place of business or otherwise, shall be deemed peddling under the provisions 
 hereof. 
 
 Sec. 3. For a license to hawk or peddle, there shall be taxed and collected, not 
 less than tw'o dollars for two weeks or less, not less than five dollars for one month 
 or less, and not less than three dollars for each month thereafter. No license shall 
 
 be required for peddling or vending of marketing, vegetables, fruit, cakes, nuts, or 
 other like refreshments. 
 
 Sec. 4. No peddler shall enter any private dwelling in this city without being 
 admitted into the same, or shall insist upon the showing or sale of his goods or 
 wares to any person after being told by such person that he or she does not wish to 
 purchase the same, or shall otherwise vex or annoy any person, under a penalty of 
 not less than three dollars and the forfeiture of his license in the discretion of the 
 
 City Council, or of the Police Magistrate or other coui’t before whom conviction 
 may be had; and at no time thereafter shall he be licensed, unless for good cause 
 shown, the City Council shall remove his disability. 
 
96 
 
 ORDINANCES. 
 
 DIVISION IX.—WAGONS AND DRAYS. 
 
 Section 1. No person shall pursue the occupation of carrying goods and prop¬ 
 erty for hire in any vehicle from one place to another within the city, oi shall keep, 
 own, or use any dray, wagon, or other vehicle for the purpose of carrying articles 
 or property for hire from one place to another within the city, without a license 
 therefor, under a penalty of one dollar for each load or parcel so carried without 
 license. 
 
 Sec. 2. For a license to pursue the business or occupation of carrying goods or 
 property for hire upon a dray, wagon, or other like vehicle within the city, there 
 shall be taxed and collected three dollars upon each for six months, and five dollars 
 for one year. 
 
 Sec. 3. For wagons or other vehicles kept or used by merchants, lumbermen, 
 or other persons, for the deliver}' - without charge of articles or property sold by 
 them, or for the carrying of their own property, or the accommodation of their own 
 business, or for the hauling of earth or building material, or for hauling without 
 and beyond the city, or by hotel keepers for the delivery without charge of the 
 baggage of their guests, no license shall be required. 
 
 Sec. 4. The City Clerk shall write in the license and indorse thereon the num¬ 
 ber or other designation of the dray or other vehicle, and register the same j and 
 the person licensed shall cause such number and designation to be at all times con¬ 
 spicuously and legibly painted or affixed on the outside of the bed or shaft thereof, 
 under a penalty of one dollar for each day such dray or other vehicle may be used 
 without being numbered or designated as is herein required. 
 
 Sec. 5. Any drayman or other person licensed, may charge and receive not ex¬ 
 ceeding twenty-five cents for each load carried the distance of ten blocks or less, 
 and not exceeding forty cents for each load carried to any place within the 
 city exceeding the distance of ten blocks. For each load carried in a two-horse 
 wagon, not exceeding twenty-five cents may be charged for any distance not ex¬ 
 ceeding ten blocks, and not exceeding fifty cents for any distance within the 
 city exceeding ten blocks. For each load carried in a furniture car or furniture 
 wagon, not exceeding fifty cents may be charged for any distance within the city. 
 
 Sec. 6. No drayman or other person licensed, or hack or omnibus driver, shall 
 at any steamboat landing, railroad station or elsewhere, conduct himself in a riot¬ 
 ous or disorderly manner, or use indecent, profane, or abusive language toward any 
 person, or unnecessarily snap or flourish his whip, or otherwise vex or annoy any 
 traveller or other person, or obstruct any sidewalk, street or alley crossing, street, 
 or other public passage, under a penalty of not less than three dollars in each case. 
 
 Sec. 7. No drayman or other peison so licensed under the provisions hereof, 
 shall, when requested, unless actually employed at the time, refuse to carry any 
 article or load, or shall charge any greater sum than is herein specified for the car¬ 
 riage of any load, under a penalty of three dollars in each case. 
 
 Sec. 8 . No owner or driver of any wagon, dray, or other vehicle, shall make a 
 permanent stand or place of stopping in front of any premises without the consent 
 of the owner or occupant of the same, under a penalty of three dollars. 
 
 Sec. 9. The City Marshal shall designate stands for licensed drays and other 
 vehicles, or for omnibusses or carnages belonging to any hotel, upon any street at 
 or adjacent to the steamboat landing or railroad depots or stations within the city, 
 while waiting for the arrival or departuie of boats or passenger trains ; and any 
 
LIQUORS. 
 
 97 
 
 person who shall occupy any other stand than the one allotted to him, shall be sub¬ 
 ject to a penalty of three dollars. 
 
 Sec. 10. Each person licensed under the provisions hereof, shall, at all times, 
 keep a certified copy of the sixth section hereof, and shall produce the same for 
 the inspection of any person employing him who shall demand the same, under a 
 penalty of three dollars ; and if any such person shall exhibit or produce to any 
 person employing him a false copy thereof, he shall be subject to a penalty of 
 twenty-five dollars. 
 
 Passed, July 2, 1859. 
 
 CHAPTER XVI. 
 
 LIQUORS.* * 
 
 An Ordinance relating to the sale of intoxicating Liquors. 
 
 Section 1. No person shall, within the city, by himself, his servant, or cleric, 
 except for the purpose of purely medicinal, mechanical or sacramental,) barter, 
 sell, exchange or deliver, or otherwise dispose of for money or gain or any thing 
 of value., or any check or other thing representing or intending to represent any 
 money, or other thing of value, any vinous, spirituous, fermented, mixed, malt, or 
 other intoxicating liquor whatever, in a less quantity than one gallon, to be carried 
 away at one time from the place of sale or delivery without a license therefor, in 
 accordance with the requirements hereof, under a penalty of not less than twenty- 
 five dollars for each offense. 
 
 Sec. 2. The City Council may in their discretion, grant license for one year, to 
 such person or persons as may apply therefor, to retail liquors in any quantity less 
 than one gallon, upon such person or persons paying into the city treasury the sum 
 of one hundred and fifty dollars, and entering into bond in the manner required in 
 the fifth section hereof. 
 
 Sec. 3. The City Council may also in their discretion, grant license for one 
 year, to such person or persons as may apply therefor, to retail malt liquors only, 
 in any quantity less than one gallon, upon such person or persons paying info the 
 city treasury the sum of one hundred dollars, and entering into bond in the manner 
 required in the fifth section hereof. 
 
 Sec. 4. Any person licensed under the provisions of the preceding section who 
 shall sell, barter, exchange, or deliver for money or gain, or any thing of value, or 
 for any check or other thing representing or intending to represent any money or 
 other thing of value, any vinous, spirituous, mixed, fermented, or other intoxicating 
 liquors or beverage whatever, (except malt liquors,) or who shall suffer or permit: 
 any such liquor or beverage to be used or drank upon the premises, or ia any place 
 adjacent thereto under his control, shall be subject to a penalty of not less than fifty 
 dollars in each case for each offense. 
 
 *A municipal corporation with power to declare what shall be deemed a nuisance, 
 etc., may by Ordinance, declare the selling of intoxicating liquors a nuisance, and 
 impose penalties for the violation of such ordinance. Goddard vs. Jacksonville, 15 
 Ills. Rep. 588. 
 
 *7 - 
 
 i 
 
93 
 
 ORDINANCES. 
 
 Sec. 5. Before a license shall he issued to any person to retail liquors under the 
 provisions hereof, such person shall execute bond to the city of Warsaw in the sum 
 of one thousand dollars, liquidated damages, signed by at least two freeholders of 
 the city, each to the value of the penalty of the bond at least, as sureties, to he ap¬ 
 proved by the City Council, and conditioned that the person to whom such license is 
 granted, shall observe and obey all laws and ordinances now in force, or such as 
 may hereafter he in force regulating and governing retailers of liquors. Such bond 
 shall he filed in the office of the Clerk, and any breach of its conditions shall work 
 a forfeiture of the whole penalty thereof, the amount of which shall he recovered 
 before any court having jurisdiction. 
 
 Sec. 6. No retailer of liquors licensed under the provisions hereof, shall by him¬ 
 self, his servant, or clerk, suffer or permit any person to drink to excess or drunken¬ 
 ness in his premises, nor shall suffer or permit any species of gaming in any part 
 thereof, or in any place adjacent thereto under his control, under a penalty of cot 
 less than twenty-five dollars in each case. 
 
 Sec. 7. No retailer of liquors licensed under the provisions hereof shall on 
 Sunday keep open, or suffer or permit to be kept open any part of his place of busi¬ 
 ness, nor shall on Sunday in any manner sell or deliver any intoxicating or malt 
 liquors or beverage whatever, or suffer or permit any such liquors or beverage to be 
 used or drank at his place of business, or in any place adjacent thereto under his 
 control, nor shall on Sunday admit any person into his place of business not belong¬ 
 ing thereto or connected therewith, under a penalty of not less than twenty-five dol¬ 
 lars in each case. 
 
 Sec. 8. No retailer of liquors shall keep open or suffer to keep open his place of 
 business at a later hour than eleven o’clock, P. M., nor shall suffer any person not 
 belonging thereto or connected therewith, to remain in any part thereof after that 
 hour, under a penalty of not less than five dollars in each case. 
 
 Sec. 9. No retailer of liquors licensed under the provisions hereof, shall in any 
 manner sell, give, or deliver, any intoxicating or malt liquor or beverage whatever, 
 to any minor, without the permission of his parent or guardian, or to any intoxicat¬ 
 ed person, nor shall harbor, or entice or suffer any minor or intoxicated person to 
 remain or loiter in or about his place of business, under a penalty of not less than 
 ten dollars in each case. 
 
 Sec. 10. Each retailer of liquors licensed under the provisions hereof, shall, 
 without delay, notify any minor or intoxicated person who may frequent or loiter in 
 or about his place of business, to leave and quit the same, and if he shall neglect or 
 refuse to do so, such retailer may arrest him and take him before any Police Magis¬ 
 trate, or may deliver him into the custody of the Marshal or any Police Constable, 
 to be by him retained in custodjr until he can be brought before a competent court 
 or magistrate, or he may make complaint before any Police Magistrate and cause 
 such minor or intoxicated person to be arrested and prosecuted, and no minor or in¬ 
 toxicated person shall frequent or loiter in or about any grocery or other place where 
 intoxicating or malt liquors are sold by retail, after being notified or requested by 
 the owner or keeper thereof, or any police officer to leave or quit the same, under a 
 penalty of not less than five dollars. 
 
 Sec. 11. No retailer of liquors licensed under the provisions hereof, nor any 
 other person shall sell, give, or deliver any intoxicating or malt liquors or beverage 
 whatever, to any habitual drunkard or habitually intoxicated person, after being 
 notified by the wife, parent or other relative of such person that he is an habitual 
 
LIQUORS. 
 
 99 
 
 drunkard, or habitually intoxicated person, and requesting such retailer or other per¬ 
 son not to sell, give, or deliver him any such liquors or beverage, under a penalty 
 of not less than twenty-five dollars. 
 
 Sec. 12. No retailer of liquors licensed under the provisions hereof, shall suffer 
 any loud or boisterous talking, or obscene or profane language, quarreling, singing, 
 fighting or other disturbance, in or about his place of business, or in any place adja¬ 
 cent thereto under his control, to the annoyance or disturbance of persons passing 
 along any street, or public place in the vicinity thereof, or to the disturbance of the 
 peace and quiet of persons doing business, or residing in the neighborhood thereof, 
 under a penalty of not less than five dollars for each offense. 
 
 Sec. 13. Whoever shall make any such noise or disturbance mentioned in the 
 preceding section, or shall speak any profane, indecent, insulting, or obscene lan¬ 
 guage in any public place loud enough to be overheard by persons passing, and in 
 the presence of or while any female may be near enough to be likely to hear the 
 same, shall be subject to a penalty of not less than five dollars in each case. 
 
 Sec. 14. Any retailer of liquors is hereby authorized to arrest any person mak¬ 
 ing any disturbance, or violating the provisions hereof in his house or premises, and 
 to take such person before any Police Magistrate, or deliver him into the custody of 
 the Marshal or any*Police Constable, to be by him retained in custody until he can 
 be brought before a competent court or magistrate, or he may make complaint before 
 any Police Magistrate and cause such person to be arrested and prosecuted. 
 
 Sec. 15. If any retailer of liquors shall violate any of the provisions of the 
 seventh and eighth sections hereof, the City Marshal or any Police Constable may 
 enter and close his place of business and keep it closed until the next morning, and 
 may take possession of the keys or fastenings thereof, and shall have power to turn 
 out all persons found therein not belonging to the premises, and all offenders shall be 
 prosecuted before any Police Magistrate or other competent court, and shall be sub¬ 
 ject to the penalties prescribed in the preceding sections hereof. 
 
 Sec. 16 . The City Marshal and Police Constables shall see that the provisions 
 hereof are strictly observed and enforced, and shall prosecute all violations of the 
 same, and in their default, any person may make the proper complaint of such vio¬ 
 lation before any Police Magistrate and have the offender prosecuted as in other 
 cases. And it shall be the duty of the City Marshal and all Police Constables, at 
 all times to arrest or cause to be arrested and prosecuted, without delay, all persons 
 who may be found intoxicated or riotous in any public place. 
 
 Sec. 17. All subterfuges and evasions for the purpose of avoiding the require¬ 
 ments or provisions hereof, are hereby declared to be within the meaning and intent 
 and shall be deemed violations thereof. 
 
 Sec. 18. Every retailer of liquors licensed under the provisions of the second 
 
 and third sections hereof, shall keep a copy of this ordinance posted up in some con¬ 
 spicuous place in his place of business. 
 
 Sec. 19. This ordinance shall be in force from and after its due publication, and 
 all ordinances contrary to the provisions hereof are hereby repealed. But no fine, 
 forfeiture, penalty, right, action, suit, debt or other liability whatsoever, created, 
 instituted, incurred or accrued, by or under any ordinance heretofore passed in rela¬ 
 tion to intoxicating liquors, shall be released, discharged, annulled, repealed, or m 
 any wise affected, but the same may be prosecuted, recovered, or enjoyed, or any 
 suit or other proceeding be commenced or completed thereon as fully ,and in the same 
 
 manner in all respects as if such ordinance had remained in full force. 
 
 Passed, July 2, 1859. 
 
100 
 
 ORDINANCES 
 
 CH APTE R XVII. 
 
 CITY MARKET. 
 
 An Ordinance in relation to the City Market. 
 
 Section 1. The house now owned by Joseph Ochner, standing and being on 
 lot number ten, in block number thirty-six, in the original town (now city) of 
 Warsaw, in the county of Hancock and state of Illinois is hereby created and de¬ 
 clared to be a public Market House. 
 
 Sec. 2. There shall be and Here is hereby created the office of Clerk of the 
 Market, who shall be appointed in the same manner as other city officers, and who 
 shall, before entering the duties of his office, give bond to the city of Warsaw in 
 the sum of one thousand dollars, conditioned for the faithful discharge of his duties, 
 and shall also subscribe an oath or affirmation, that he will impartially and to the 
 best of his judgment and ability, discharge the duties of his office ; and he may be 
 removed at any time by a majority of the Council, for incompetency or any dire¬ 
 liction or violation of duty, whenever the said Council shall think the interests of 
 said city require such removal, and, that any vacancy in said office may be filled at 
 any time, as vacancies in other offices are filled. 
 
 Sec. 3. It shall be the duty of the Clerk of the Market to superintend the whole 
 of the market lot, and take charge of the Market House and all other buildings 
 and fixtuies that may be erected on said market lot, so as to prevent and punish, or 
 cause to be punished, all injuries and damages which may be done to the same j 
 keep the market in a clean and wholesome state ; prefer complaints before the 
 Police Magistrate’s court, for all breaches of any ordinance or parts of ordinances 
 relating to the Market, whenever suit is necessary to enforce the payment of any 
 fine, forfeiture, or penalty accruing therefrom; rent out and lease from time to 
 time, all stalls, benches, blocks, or other privileges and appurtenances thereunto 
 belonging, which the City Council may direct to be rented and leased on the behalf 
 and in the name of the said city, for any term not exceeding one year at a time, 
 demand, sue for, recover and receive the rents accruing, or distrain and sell forth¬ 
 with any property of the lessee, found within the limits of the said city for the 
 same : receive all fines, forfeitures and penalties or other sums of money accruing 
 under any provisions of any ordinance regulating the Market; keeping a true and 
 accurate account thereof in a book kept for that purpose, and pay over all such 
 moneys to the City Clerk, taking his receipt therefor, and accounting with the City 
 Council at each stated meeting ; maintain peace and good order on and around the 
 Market lot at all times, and particularly during market hours. And the said Clerk 
 of the Market is hereby authorized whenever it shall be necessary to maintain peace 
 and good order, to arrest without precept or warrant all persons who may be found 
 in and about said Market lot, drunk, fighting, quarrelling, revelling, threatening, 
 swearing, blackguarding, pilfering, stealing, robbing, cheating, swindling, or oth¬ 
 erwise disturbing the good people at or about said Market, or committing other of¬ 
 fences against the ordinances of said city, or the laws of this state, and confine such 
 offenders m the jail of the county or city, or hold them to special bail until such 
 time as his other duties will enable him leasure to carry such offenders before the 
 Police Magistrate’s court of said city, or until he shall have an opportunity of turn¬ 
 ing such offenders over to the custody of the City Marshal or Police Constable, to 
 be dealt with according to the ordinances of said city and the laws of the land ; 
 and whenever it may be necessary to require assistance in making any such arrest. 
 
CITY MARKET. 
 
 101 
 
 he may call upon the by-standers so to assist, and every such by-stander shall ren¬ 
 der such aid, or he shall be subject to the same penalties and proceedings as the of¬ 
 fenders. Provided , however , that any person so arrested may be discharged from 
 such arrest, on payment to said Clerk, Marshal or Constable, all penalties that may 
 be annexed to any of said offences. 
 
 Sec. 4. The Market of the city shall be open for the sale of all victuals and pro¬ 
 visions, from the dawn of day until ten o’clock, A. M., and from four o’clock P. M. 
 until dark, from the first day of April until the first day of October ; and from the 
 dawn of day until twelve o’clock in Ihe forenoon, and from two o’clock until dark 
 in the afternoon, during the remainder of the year, Sundays excepted. 
 
 Sec. 5. All victuals and provisions, whatever, offered for sale in said city, ex¬ 
 cept all kinds of grain, flour, meal, bread, butter in firkins or other vessels, exceed¬ 
 ing fifteen pounds nett weight; cheese, bacon, pork by the hog, beef by the quarter, 
 beef and pork by the barrel or large cask, live cattle, sheep, or hogs, shall be 
 taken to the Market House, there to be sold at market hours 5 and any person vio¬ 
 lating this section, whether vender or purchaser, shall forfeit and pay for the use of 
 said city, not less than one dollar nor more than five dollars for every such offence. 
 Provided, that nothing in this section contained, shall prevent any person from 
 selling or purchasing any of the articles specified herein out of market hours. 
 
 Sec. 6 . No person shall lead or drive into the Market House or on any side walk 
 thereof, any horse or other beast, wagon, cart, or carriage of any kind whatever, 
 or kill or slaughter within the limits of the market lot, any beast of the beef, sheep, 
 or hog kind, or lay thereon or deposite any dirt, filth, garbage, dung, or offal there¬ 
 in, under the penalty of five dollars for the use of said city, for every such offence. 
 
 Sec. 7. No wagon, cart, dray or carriage of any description, shall stand nearer 
 the Market House than the outer edge of the side walk, and they shall be so ar¬ 
 ranged as to leave a space of at least three feet between them, and shall in no case 
 whatever, encroach on the passages or avenues passing to or from the Market, 
 under the penalty of two dollars for the use of said city, for each and every offence. 
 
 Sec. 8 . No person shall bring or deposit upon the market lot any nuisance, or 
 any, lumber, wood, Jogs, timber stone, lime, sand, brick or earth, or any hogsheads, 
 pipes, puncheons, barrels, casks or kegs, not containing provisions intending to be 
 sold at market in the usual way, or any boxes or crates containing merchandise, or 
 other articles of merchandise not intended to be sold in market in the usual manner, 
 and every person so offending shall forfeit and pay for the use of said city, the sum 
 of five dollars for each and every offence, and a further sum in each and every case, 
 of ten dollars per day, for each and every day, that all or any of said articles or 
 things shall remain upon said lot. 
 
 Sec. 9. No butcher or other person shall sell or expose to sale in the Market, 
 any sick or diseased live animal usually eaten for food, and for the purpose an 1 
 with the design, that the same shall be immediately used for food, knowing or be¬ 
 lieving the same to be sick or diseased: and every person so offending shall forfeit 
 and pay, for the use of said city, a sum of not less than five nor more than fifty dol¬ 
 lars ; Provided , that each and every sick or diseased animal so sold as aforesaid, 
 shall constitute a distinct and separate offence under the provisions of this ordinance. 
 
 Sec. 10. No butcher or other person, shall sell or expose to sale in the Market, 
 any dead flesh or fish which was sick, overheated, or worn or run down by dogs, 
 at or before the time when the same was butchered or slain, or which hath died a 
 violent or natural death out of the usual manner of slaying animals, or hath been 
 
102 
 
 ORDINANCES. 
 
 by accident or casuality, or which is blown stupid, or in any other way unsound ; 
 and no person shall sell or expose to sale any unsound eggs, butter, lard or other 
 damaged articles of provision; and every person so offending shall forfeit and pay 
 for the use of said city a sum not less than live nor more than fifty dollars ; Provided , 
 that each person to whom such offenders shall have sold any of said unsound arti¬ 
 cles, shall constitute a separate and distinct offence in the vendor; Provided , also , 
 that all articles exhibited in Market, as though the same were intended for sale, 
 whether the same be sold or not, shall he and is hereby declared to be an exposure 
 of the same for sale, within the meaning of this ordinance; and, Provided, further , 
 that if any such offender shall be a butcher owning or occupying a stall, bench or 
 block in the Market House, he shall forfeit his lease of said stall, bench, or block, 
 to said city, and shall never after be permitted to occupy any stall, bench or block 
 in the Market House. 
 
 Sec. 11 . No butcher or other person shall sell or expose to sale in the Market, 
 the flesh of any bull, boar, ram, dog, cat, or the flesh of any animal not commonly 
 deemed wholesome or fit for food, without representing to all persons wishing to 
 purchase, the nature and true quality, character and name of such animal flesh, and 
 every person so offending shall forfeit and pay for the use of said city, for each and 
 every offence the sum of ten dollars: and if such offender be a butcher, and the 
 owner or occupant of a stall, bench, or block in said market, he shall forfeit the 
 same to said city, and be subject to all the disabilities and penalties resulting from 
 such disabilities which are imposed on butchers by this ordinance. 
 
 Sec. 12 . No person or persons whatever, not being the owner or occupant of a 
 butcher’s stall, bench, or block, in the Market House, shall be permitted to cut up 
 and sell, or offer for sale any kind of fresh meat by less quantity than by the quar¬ 
 ter, under the penalty of five dollars for the use of the said city, for each and every 
 offence. 
 
 Sec. 13. No grocer, huckster, or any other dealer in provisions, shall purchase 
 at Market more than ten pounds of butter, nor more than six dozen of eggs, nor 
 more than two dozen of chickens, nor more than fifty pounds of bacon hams, 
 either by themselves or agents, before ten o’clock every morning, and after four 
 o’clock in the evening, and all persons bringing butter to market shall have the 
 same weighed and sold by weight, and in no other manner, under the penalty of 
 not less than one nor more than five dollars for the use of said city, for every such 
 offence. 
 
 Sec. 14. No butcher or other person whomsoever, shall sell or expose for sale 
 without the limits of the Market, in market hours, any victuals or provisions of any 
 kind, which have before been purchased from any inhabitant of the country bring¬ 
 ing or who had brought the same to the city for sale, or within one mile thereof for 
 sale, under the penalty of ten dollars for the use of said city, for every such offence. 
 
 Sec. 15. No person shall be allowed or permitted to sell, retail, give away, or 
 use any wines or spirituous liquors, or any ale, beer, porter, cider, or any brewed, 
 fermented or mixed liquors or drinks, in or about the Market House, or upon the 
 Market Jot; nor shall any person be permitted to set up or keep, in said Market 
 House, or upon any table, board, or any contrivance for the purpose of eating or 
 drinking, at, about or on the same, without the express leave of the Clerk of the 
 Market, which leave shall not extend beyond the regular market hours ; nor shall 
 any such table, board or contrivance be set up or kept in or upon any other place 
 than such place as shall be designated by said Clerk ; nor shall any person be per- 
 
CITY MARKET. 
 
 103 
 
 mitted or allowed to retail or sell any meats, fish, vegetables, bread, or breadstuff's, 
 in said Market House, or on the lot, to be there used or eaten, without leave of 
 said Clerk, nor shall any person be permitted or allowed to throw, place, or depos- 
 ite, in or upon said Market lot or in the Market House, any melon rinds or parings 
 nor the rinds and parings of any fruit, potatoes, turnips, or other vegetables ; nor 
 shall any person be permitted to place or deposite upon said Market lot, or in said 
 Market House, any refuse, putrid, or offensive animal or vegetable matter, nor 
 shall any person be permitted to use or smoke any pipe or cigar in said Market 
 House, or upon said Market lot, during market hours; nor shall any person during 
 market hours kindle or burn upon said Market lot, or in or about said Market 
 House, any, wood, turf coal, or other matter, or be kindled or burned on any 
 other place on said lot than such place designated by such Clerk : Provided, how¬ 
 ever, that it shall be lawful for any person without leave, to kindle and burn char¬ 
 coal upon said Market lot, and in the Market House, in close earthen or stone ves¬ 
 sels: Provided, that such vessels shall be moveable and shall only be used as afore¬ 
 said, during market hours, and at such places and in such manner as the Clerk may 
 direct, and so as to produce no inconvenience to persons being and passing in and 
 about the said Market House ; and any person offending against any prohibitions 
 of this section, shall for each and every separate offence, forfeit and pay for the use 
 of said city, the sum of ten dollars. 
 
 Sec. 16. If any person selling any victuals or provisions in said Market House, 
 shall sell to any other person any article by weight, by false weights, or sell or ex¬ 
 pose to sale, as having been correctly weighed any such article, an l as being of a 
 certain weight, when in truth and'in fact the same shall fall short thereof, it shall 
 be the duty of the Clerk of the Market to take such article or articles inco his pos¬ 
 session, and sell the same at their true weight for the use of said city, not less than 
 one nor more than ten dollars for every such offence. 
 
 Sec. 17. The Clerk of the Market shall, under the direction of the City Coun¬ 
 cil, form a set of rules for the government of the Market, which rules shall ex¬ 
 hibit all the prohibitions and penalties contained in this ordinance ; also, all regula¬ 
 tions touching said Market, in a short and condensed form, which rules shall be 
 printed on a single sheet of good paper, in plain type, and shall be smoothly pasted 
 upon boards or canvass of sufficient size, and two at least constantly hung up, one 
 at each end of the Market House, and others if necessary, in the center thereof, to 
 be kept and exhibited to all persons going to said Market. 
 
 Sec. 18. It shall be the duty of the Clerk of the Market to execute permits to 
 all persons, authorizing them to sell eggs, lard, butter, cheese, fish, poultry, wild 
 game, fruits, and vegetables at the Market House, or on the streets and sidewalks 
 adjoining the same, according to the rules governing said Market, upon the appli¬ 
 cant paying to him for a stall in the Market House, or for a stand outside the Mar¬ 
 ket House, for the season, such sum as the City Council may from time to time di¬ 
 rect. v 
 
 Sec. 19. No person or persons shall sell, barter, or exchange any eggs, lard, 
 butter, cheese, poultry, wild game, fruit or vegetables, which may have been pur¬ 
 chased by him or them at market, before the hour of eight o’clock A. M., on any 
 day. All persons attending said Market with any cart or vehicle, shall place the 
 same so that the back end thereof shall be towards and at the side walk of said 
 Market, and no such cart or other vehicle shall stand lengthwise of such sidewalk. 
 
104 
 
 ORDINANCES. 
 
 Every person violating this section shall forfeit and pay to the city of Warsaw, not 
 more than ten nor less than three dollars. 
 
 Sec. 20. It shall be the duty of the Clerk of the Market to keep a market book, 
 in which he shall keep a correct account of all permits issued by him, showing the 
 siames of the persons to whom issued, the time the same respectively run, the 
 amount received for each, the <ime the same is issued and for what purpose, and 
 aiso of all monies received by him as Clerk of the Market, of whom, in what 
 amounts and where received, and shall exhibit the same to the City Council, make 
 report to, and settlement with the Council at each stated meeting thereof. He shall 
 pay over all monies due the city monthly, to the City Clerk, and take his receipt 
 therefor, and the same exhibit to the City Council on settlement with them. For 
 any violation of this section or of any section of this ordinance, the Clerk of the 
 Market shall forfeit and pay to the city of Warsaw, not less than three nor more 
 than ten dollars. 
 
 Sec. 21. The Clerk of the Market shall be provided with a bell, and it shall be 
 his duty to announce by the ringing of the bell the closing of the market hours, at 
 least ten minutes before the time of closing. 
 
 Sec. 22. Every owner or lessee of stall or stand in the Market, and every per¬ 
 son occupying a place or stand in the Market, shall within thirty minutes after the 
 ringing of the bell, cause his provisions, wagon, cart, or other thing, to be removed 
 from the Market, to some convenient place, under the direction of the Clerk of the 
 Market; and if the lessee of a stall or stand, he shall cause- the same to be thor¬ 
 oughly cleansed, and all offal, garbage and rubbish to be removed therefrom, and 
 each butcher shall cause his tables, meat blocks and other fixtures to be thoroughly 
 scraped and cleaned daily. 
 
 Sec. 23. No provisions or other things shall be sold in the Market, except du¬ 
 ring market hours. It shall be the duty of the Clerk of the Market, to cause the 
 Market House and Market place to be thoroughly cleansed and swept each day, 
 and in the winter season to have the ice and snow swept from the side walks and 
 steps as often as necessary. 
 
 No person not being the lessee of a butcher’s stall shall sell or offer for sale in 
 Ihe Market, any sausage or sausage meat; and no other person other than farmers, 
 not being the lessee of a butcher’s stall, shall sell or offer to sell in Market, any 
 bacon hams, sides, or shoulders. 
 
 No person not being the lessee of a butcher’s stall, shall sell or offer for sale in 
 the Market, or any place within the limits of the city, any fresh meat in quantities 
 less than one quarter. 
 
 No butcher, or owner or lessee of any stall or stand in the Market, shall sell or 
 offer for sale any fresh meat at any other place within the limits of the city, ex¬ 
 cept at the Market House, and there only during market hours. 
 
 Sec. 24. Nothing in the preceding sections shall be construed to prevent any 
 farmer or producer from selling his meat by the quarter, or any person who follows 
 the business of packing beef or pork, from selling bacon of their own curing, or 
 spare ribs and sausage meat, in the winter months; but no person not being the les¬ 
 see of a butcher’s stall, shall cut and sell salted meat by the small quantity in the 
 Market. 
 
 Sec. 25. It shall be the duty of the City Council, in each and every year, fo 
 establish and grade the prices upon butcher’s stalls in the Market, and the Clerk 
 of the Market shall proceed to lease at public auction, to the highest bidder, all the 
 
MISDEMEANORS. 
 
 105 
 
 •butcher’s stalls in the Market, after having given public notice of the time and 
 place of said leasing. 
 
 Every person bidding off a stall, shall within three days thereafter, execute a 
 lease for said stall bid off by him, provided with two or more sureties, to be ap¬ 
 proved by the Clerk of the Market, who shall be jointly bound with the lessee for 
 the payment of the rents of the stall monthly, in advance. 
 
 If the lessee of any stand or stall on demand being made, shall fail or neglect to 
 pay the rent thereof, at the time the same shall become due, by the terms of the 
 lease, such lease shall be thereby forfeited. 
 
 Whenever any stall or stand shall become vacant or the lease thereof forfeited, 
 the Clerk of the Market may proceed to let the same for the unexpired term. 
 
 Sec. 26. Every person offending against *any of the provisions of this ordi¬ 
 nance, shall forfeit and pay for the use of said city, a sum not less than one nor 
 more than twenty-five dollars, for each and every offence, where not otherwise 
 herein specially provided. 
 
 Passed, July 1, 1857. 
 
 CHAPTER X V'l II . 
 
 MISDEMEANORS. 
 
 An Ordinance concerning Misdemeanors. 
 
 DIVISION I.-OF OFFENSES AFFECTING THE PUBLIC PEACE, MORALS AND 
 
 SAFETY. 
 
 Section 1. Any two or more persons who shall assemble for the purpose of 
 disturbing the peace, or of committing any unlawful act, and who shall not disperse 
 when commanded or requested by any peace officer, shall each severally be subject 
 to a penalty of not less than three dollars. 
 
 Sfc. 2. Whoever shall assault, strike, or fight another, or shall be guilty of anv 
 conduct calculated to provoke a breach of the peace, shall be subject to a penalty 
 of not less than three dollars. 
 
 Sec. 3. Whoever shall disturb the peace ; or shall be guilty of any violent, tu¬ 
 multuous, offensive, or disorderly conduct; or shall make any loud or unusual noise 
 or disturbance ; or shall use obscene, offensive, profane, or unseemingly language ; 
 to the annoyance, disturbance, or vexation of others, shall be subject to a penalty of 
 not les3 than three dollars. 
 
 Sec. 4. Whoever shall knowingly suffer or permit any assemblage for the pur¬ 
 pose of disturbing the peace, or of committing any unlawful act, or any breach of 
 the peace, or any riotous, tumultuous, offensive, or disorderly conduct, or any loud 
 or unusual noise or disturbance, or obscene, offensive, profane, or unseemly language, 
 to the annoyance, disturbance, or vexation of others, in or upon any premises 
 owned or occupied by him under fiis control, shall be subject to a penalty of not 
 less than three dollars. 
 
 Sec. 5. Whoever shall abet or encourage any unlawful act, or any violation of 
 any ordinance of the city, shall be subject to a penalty of not less than three 
 dollars. 
 
106 
 
 ORDINANCES. 
 
 Sec. 6 . Whoever shall willfully or heedlessly disturb any assembly of persons 
 met together for religious worship, shall be subject to a penalty of not less than five 
 dollais. 
 
 Sec. 7; Whoever shall willfully or heedlessly disturb any lawful assemblage of 
 persons ; or shall, on the Sabbath day, willfully or heedlessly disturb the peace or 
 quiet of any private family, shall be subject to a penalty of not less than three 
 dollars. 
 
 Sec. 8. Whoever shall make a false alarm of fire, or any false cry for assist- 
 ance, shall be subject to a penalty of not less than three dollars. 
 
 Sec. 9. Whoever shall be found in a state of intoxication in any public place, 
 or m any place open to public view, shall be subject to a penalty of not less than 
 three dollars. 
 
 Sec. 10. Whoever shall purposely or publicly make any indecent exposure of 
 his or her person; or shall appear in a dress not belonging to his or her sex; or in 
 an indecent or lewd dress ; or in a state of nudity ; or shall be guilty of any other 
 indecent or lewd act or behavior, shall be subject to a penalty of not less than five 
 dollars. 
 
 Sec. 11. Whoever shall, in any open place or iranner, bathe in the Mississippi 
 river, in a nude state, any where within the city limits, at any time between sun¬ 
 rise and sunset, shall be subject to a penalty of not less than one dollar. 
 
 Sec. 12. Whoever shall exhibit, sell, or offer to sell any indecent, obscene, or 
 lew'd book, picture, statue, or other like thing; or shall exhibit or perform any in¬ 
 decent, obscene, or lewd play, exhibition, or other representation, shall be subject 
 to a penalty of not less than five dollars. 
 
 Sec. 13. Whoever shall, in any place open to public view, write, mark, draw 
 cot, or make any obscene, lewd, or indecent word or sentence, design or figure, 
 shall be subject to a penalty of not less than five dollars. 
 
 Sec. 14. Whoever shall indecently exhibit any stud horse, bull, jackass, or 
 other animal in any public place; or shall let any such animal except in some in¬ 
 closed place out of public view, shall be subject to a penalty of not less than five 
 dollars. 
 
 Sec. 15. W r hoever shall in any manner game or rafle for any money or thing of 
 value, or for any check or other thing representing or intended to represent the same; 
 or shall set up any lottery; or shall sell or dispose of for gain, any ticket, chance, 
 or share in any lottery, shall be subject to a penalty of not less than twenty-five 
 dollars in each case. 
 
 Sec. 16. Whoever shall knowingly suffer or permit any species of gaming for 
 money or any other thing of value, or for any check or other thing intended to 
 represent the same, in any house or premises owned or occupied by him under his 
 control; gr shall keep or have in his possession any gaming implements for the 
 purpose of gairing therewith, shall be subject to a penalty of not less than twenty- 
 five dollars in each case. 
 
 Sec. 17. Whoever shall keep, maintain, frequent, be an inmate of, or connected 
 with, or contribute to the support of any disorderly, gaming or bawdy house, house 
 of ill fame, or of assignation, or any place used for the practice of fornication ; or 
 shall knowingly suffer or permit any premises owned or occupied by him under his 
 control, to be used for any such purposes, shall be subject to a penalty of not less 
 than fifty dollars. 
 
 Sec. 18, Any person able to work and maintain himself in some honest and re- 
 
MISDEMEANORS. 
 
 107 
 
 spectable calling, not having visible means of support, who shall live idly without 
 employment, or loiter or stroll about begging, or frequenting gaming houses, dis¬ 
 orderly or bawdy houses, groceries, tippling houses, or other places where intoxi¬ 
 cating liquors are sold; or who shall otherwise lead an idle or profligate course of 
 life; or any person who shall keep any gaming house, or keep or exhibit any gam¬ 
 ing implements for the purpose of gaming therewith, or shall pursue gaming, or 
 who shall keep, maintain, or be an inmate of any house of prostitution; or who 
 shall have in his possession any implement used for counterfeiting, or for the com¬ 
 mission of burglary, or for picking locks or pockets, or any Mexican puzzle, or 
 other implement or device used by cheats and swindlers, without being able to give 
 a good account of his possession of the same; or who shall trespass upon private 
 property in the night time, or habitually sleep in sheds, stables, outhouses, or in 
 the open air, without being able to give a good account of himself or herself, shall 
 be deemed a vagrant and shall be subject to a penalty of not less than twenty dollars. 
 
 Sec. 19. Whoever shall on Sunday, keep open any billiard room, ball or pin 
 alley, house, grounds, or other place of amusement; or shall suffer or permit per¬ 
 sons to assemble therein for the purpose of amusement or play, shall be subject to 
 a penalty of not less than five dollars. 
 
 Sec. 20. Whoever shall on Sunday disturb the peace or good order of society 
 by any play or amusement,® shall be subject to a penalty of not less than three 
 dollars. 
 
 Sec. 21. Whoever shall on Sunday, (except in case of necessity, or for chari¬ 
 table purposes, or where the person shall conscientious!}' - observe some other day 
 of the week as the Sabbath,) keep open his place of business, or pursue his daily 
 labor or avocation, shall be subject to a penalty of not less than three dollars. 
 
 Sec. 22. Whoever shall inhumanly, cruelly, or unnecessarily beat, abuse, or 
 otherwise maltreat any dumb animal, shall be subject to a penalty of not less than 
 three dollars. 
 
 Sec. 23. Whoever shall willfully, maliciously, or negligently break, deface, or 
 otherwise injure any public property of the city, or any private property, shall be 
 subject to a penalty of not less than three dollars, and shall also be liable for the 
 costs and expenses of repairing the injuries committed, which shall be added to the 
 penalty and constitute a part thereof. 
 
 Sec. 24. Whoever shall willfully, maliciously, or negligently break, deface or 
 destroy, or in any manner injure any street lamp or lamp post, or telegraph post 
 or telegraph wire, shall be subject to a penalty of not less than five dollars, and in 
 addition thereto the amount of the costs and expenses of repairing the injuries 
 committed shall be added to the penalty and form a part thereof. 
 
 Sec. 2b. Whoever shall, without the consent of the owner or occupant of the 
 premises, fasten any horse or other animal to any fence, railing or tree, or to any 
 boxing placed around any tree ; or shall willfully, maliciously, or negligently in 
 any manner injure deface, remove, or destroy any ornamental or shade tree, or 
 boxing placed around the same, or any shrub, fence, railing, gate or sign, upon any 
 public grounds, sidewalk, or private premises; or shall trespass upon any private 
 premises or public grounds, and injure, carry away, or destroy any tree, fruit, veg¬ 
 etable, plant, shrub or other thing which may be therein for ornament or otherwise, 
 shall be subject to a penalty of not less than three dollars. 
 
 Sec. 26. Whoever shall without the consent of the owner or occupant of the 
 premises, post, put up, stick or place any handbill, placard, showbill, or notice 
 
108 
 
 ORDINANCES. 
 
 upon any building or fence ; or shall mark, cut, scratch, or otherwise deface any 
 fence, or any part of any building, shall be subject to a penalty of not less than 
 three dollars. 
 
 Sec. 27. Whoever shall purposely and rapidly or immoderately ride or drive 
 any horse, or male, or any cattle, or other like animals, or any team, in any street 
 or alley in the inhabited part of the city, may be stopped by any police officer, 
 and shall be subject to a penalty of not less than three dollars. 
 
 Sec. 28. Whoever shall leave any horse or mule, or any team, in any uninclos¬ 
 ed or public place without being fastened, guarded, or secured, so as to prevent its 
 running away, shall be subject to a penalty of not less than three dollars. 
 
 Sec. 29. All persons meeting each other in vehicles in the streets or alleys, or 
 in any public place, or upon or near any bridge shall, unless the nature or state of 
 the roadway or passwav shall render it impracticable^ each turn and drive to the 
 right side so as to pass each other without accident or injury. Whoever shall vio¬ 
 late the requirements of this section shall be subject to a penalty of not less than 
 three dollars, and shall likewise be liable for all damage that may occur from col¬ 
 lision, unless it be satisfactorily shown that the same occurred from the fault or 
 misconduct of the other party. 
 
 Sec. 30. Whoever shall, in the inhabited part of the city, fire or discharge any 
 cannon, gun, pistol, or other fire arm; or shall set off, fire, or explode any torpedo, 
 fire cracker, fire ball, rocket, or other fire works whatever; or shall make or kindle 
 any bonfire, shall be subject to a penalty of not less than three dollars. But the 
 discharge of fire arms, the setting off or exploding of fire works, and the making 
 of bonfires on national holidays, and in the celebration of other public and general 
 events, or the discharge of fire arms by the members of any military company, 
 when on parade, and in accordance with the command of the commanding officer, 
 or by any city officer or other person in the discharge of any legal duty, or lawful 
 act, when the same may be done in such a manner as not to endanger or be likely 
 to endanger the safety of any person, or the injury of any property, shall not be 
 deemed violations hereof. 
 
 Sec. 31. Whoever shall keep, sell, or deliver any poison usually known or used 
 ns deadly poison, without legibly marking the name thereof, or the word “poison” 
 upon the phial, wrapper, or other enclosure containing the same; or whoever shall 
 seii or deliver any arsenic, strychnine, prussic acid, or other poison usually known 
 or used as a deadly poison, to any person known to him, without registering the 
 name of such person, and the kind and quantity of the poison sold or delivered, 
 and the purpose for which the same was obtained ; or whoever shall sell or deliver 
 any such poison to any person to him unknown, shall be subject to a penalty of not 
 less than five dollars in each case. But the sale and delivery of any such poisons 
 as a medicine, upon the prescription of a practicing physician, shall not be deemed 
 a violation of this section. 
 
 Sec. 32. Whoever shall, in the night time, leave open any cellar, cellar door, 
 vault, well, cistern, excavation, ditch, or other like hole, upon or adjoining any 
 street, alley, or sidewalk, without securing and protecting the same, so as not to 
 endanger the safety of persons or animals passing thereby, from falling therein, 
 shall be subject to a penalty of not less than three dollars. 
 
 Sec. 33. Any contractor for any public work, officer, or other person making 
 any excavation upon or adjoining any street, alley, or side walk, or having the same 
 in charge, who shall in the night time leave the same open and unprotected, so as 
 
MISDEMEANORS. 
 
 103 
 
 to endanger the safely of persons or animals passing thereby from falling therein, 
 shall be subject to a penalty of not less than three dollars. 
 
 Sec. 34. Whoever shall knowingly sell, expose, or offer for sale any sick or 
 diseased animal, poultry, or fish ; to be used or eaten for food ; or the flesh of any 
 sick, diseased, or otherwise unwholesome dead animal, poultry, or fish ; or the 
 flesh of any animal, foul, or fish not usually used or deemed wholesome for food ; 
 or any other unsound or unwholesome provisions or article of food whatever; or 
 any adulterated or pernicious milk, drink, or liquors, shall be subject to a penalty 
 of not less than ten dollars in each case ; and the Mayor or any police officer shall 
 seize or cause to be seized and destroyed any such food, milk, drink or other pro¬ 
 visions so exposed or offered for sale. 
 
 Sec. 35. Whoever shall knowingly use any false scale, beam, weight, or mea¬ 
 sure in the purchasp or sale, receipt or delivery, of any goods, article, or property 
 purchased or sold, feceived or delivered, by weight or measure; or shall use any 
 weight or measure for the purchase or sale, receipt or delivery, of any goods, arti¬ 
 cle, or property purchased or sold, received or delivered, by weight or measure, 
 knowing the same to be materially inaccurate and different from the standard pre¬ 
 scribed by the laws of the State; or shall sell or deliver any goods, article, or prop¬ 
 erty sold or delivered by weight or measure, and purporting to be of a certain 
 weight or measure, knowing the same to be materially less than the true weight or 
 measure for which the same was sold or delived, shall be subject to a penalty of not 
 less than ten dollars in each case. 
 
 DIVISION II.—OF OFFENCES AGAINST OFFICIAL AUTHORITY. 
 
 Section 1. Whoever shall falsely represent himself to be an officer of this city ; 
 or shall, without authority, exercise or attempt to exercise any of the powers, du¬ 
 ties, or functions of any city officer, shall be subject to a penalty of not less than 
 ten dollars. 
 
 Sec. 2. Whoever shall willfully hinder, delay, resist, or obstruct any city offi¬ 
 cer, 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 three dollars, 
 
 Sec. 3. 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 in any manner aid, abet, 
 or encourage the rescue or escape, or the attempt to escape from any prison of any 
 person legally committed thereto ; or shall supply or attempt to supply any such 
 person with any weapon, or with any implement or means of escape, or for attempt¬ 
 ing to escape, or with any intoxicating liquors, shall in each case be subject to a 
 penalty of not less than twenty-five dollars. 
 
 Sec. 4. Any police officer may call upon any white male person above the age 
 of eighteen years, to aid him in the arrest, retaking, or custody of any person hav¬ 
 ing committed any unlawful act, or to aid in preventing the commission of any un¬ 
 lawful act; and whoever shall neglect or refuse to give such aid and assistance 
 when so required, shall be subject to a penalty of five dollars. 
 
 Sec. 5. Any city officer who shall willfully fail, neglect, or refuse to perform 
 
110 
 
 ORDINANCES. 
 
 any duty required of him by the city charter, or the ordinances of the city; or 
 who shall be guilty of any misfeasance, malfeasance, or improper conduct in the 
 discharge of any of the duties of his office, shall be subject to a penalty of notless 
 than ten dollars and may be removed from office. 
 
 DIVISION III.—OF OFFENCES AFFECTING THE STREETS, ALLEYS AND 
 
 SIDE WALKS.* 
 
 Section 1. No builder or other person shall encumber or obstruct any street or 
 alley with building or other like materials, without a written permit from the Mayor j 
 nor shall, except in case of urgent necessity, and for a short time, incumber or ob¬ 
 struct more than one-third of any street or alley, or one-half of the sidewalk; nor 
 shall such obstruction continue in any case longer than may be necessary in the 
 diligent erection of such building, or the prompt execution of the work. Whoever 
 shall violate any provision of this section, shall be subject to a penalty of not less 
 than three dollars for each day he shall continue in violation thereof. 
 
 Sec. 2. No person shall remove or cause to be removed, or aid in removing any 
 building through or across any street or alley, without a written permit from the 
 Mayor ; nor shall, in removing such building unnecessarily incumber or obstruct 
 any street or alley, nor for a longer time than may be necessary in the prompt and 
 dilligent removal of such building, under a penalty of not less than ten dollars in 
 each case, and an additional penalty of not less than three dollars for each day such 
 building shall unnecessarily remain in any street or alley. 
 
 Sec. 3. No person shall make or cause to be made any erection or inclosure, 
 encroaching in whole or in part upon any street, alley, or side walk, under a pen¬ 
 alty of not less than twenty dollars j and an additional penalty of not less than three 
 dollars for each day the same shall remain after notice by the Mayor, the Marshal, 
 or the Supervisor, to remove the same. 
 
 Sec. 4. Whoever shall make any erection or enclosure upon or along any street 
 or alley, without first ascertaining the line thereof from the City Surveyor and 
 Engineer, shaT be subject to a penalty of ten dollars. 
 
 Sec. 5. The owner of any erection or enclosure already erected or placed, and 
 encroaching upon any street or alley, who shall not remove the same after thirty 
 days’ notice, by the Mayor, the Marshal, or the Supervisor, shall be subject to a 
 penalty of not less than ten dollars, and to an additional penalty of not less than 
 three dollars for each day he shall fail to comply with such notice. 
 
 Sec. 6 . The Mayor, the Marshal, or the Supervisor, shall cause any incum¬ 
 brance, obstruction, or erection, or inclosure, in or upon any street, alley, or side¬ 
 walk contrary to ordinance, to be removed ; and the costs of such removal may be 
 collected of the person causing such obstruction, with the penalty, or in a separate 
 suit in the name of the city. 
 
 Sec. 7. Whoever shall place, throw, or leave, or cause to be placed, thrown, 
 or left, any obstruction or incumbrance, not authorised by ordinance, in any street 
 or alley, shall be subject to a penalty of not less than three dollars, and to an ad- 
 
 *Any erection or obstruction placed in any part of a public street or highway 
 which deprives the public of the use of any part thereof is a nuisance. There are 
 some exceptions, however—as where materials are temporarily placed in a public 
 street to he used in erecting a building or other needful improvement, leaving suf¬ 
 ficient room for the free and safe passage of the public. — People vs. St. Louis, 5 
 Gil. 372. 
 
MISDEMEANORS. 
 
 Ill 
 
 ditional penalty of not less than one dollar for each hour he shall not remove the 
 same, when required by the Mayor, the Supervisor, or any police officer. 
 
 Sec. 8 . No person not authorised by ordinance shall make any excavation in 
 any street, alley, or sidewalk without a written permit from the Mayor, or the Su¬ 
 pervisor, under a penalty of not less than three dollars. Any person making or 
 causing to be made any excayation or ditch for any purpose, in any street, alley or 
 sidewalk, shall, without unnecessary delay, cause the same to be filled up to the 
 proper level of the street, alley, or sidewalk, and shall, from time to time, if neces¬ 
 sary, continue to repair the same, until the earth is completely settled, and the sur¬ 
 face conforms to the proper level of the street, alley, or sidewalk. Any person 
 tearing up any planked or paved street, alley or sidewalk, or bridge or culvert, for 
 any purpose, or negligently breaking or injuring the same, or breaking or injuring* 
 the same by the removing of any building over the same, shall, without delay, cause 
 such planked or paved street, alley, or sidewalk, or bridge or culvert, to be repair¬ 
 ed and placed in the same condition as before the breaking or injuring thereof. 
 Any person making or causing to be made any excavation or ditch, or tearing up, 
 breaking, or injuring any planked or paved street, alley, or sidewalk, bridge or 
 culvert, or causing the same to be broken, injured, or torn up, who shall not comply 
 with the requirements of this section, shall be subject to a penalty of not less than 
 five dollars, and the City Supervisor shall, without delay, cause such filling up or 
 repairs to be made and completed, and the costs thereof may be collected of any 
 
 person whose duty it was to do the same, and recovered with the penalty, or in a 
 separate suit, in the name of the city. 
 
 Sec. 9. Whoever shall purposely change or remove any stake, post, or stone, 
 placed or set to designate the corner or line of any lot or land, street, or alley, or 
 to show the grade of an}’" street, alley, or side walk, shall be subject to a penalty of 
 not less than five dollars. 
 
 Sec. 10. Whoever shall for any private purpose dig, remove, or carry away any 
 earth from any street or alley, without the permission of the City Council, shall be 
 subject to a penalty of not less than one dollar for each load removed or carried 
 away, and any city officer who shall sell or dispose of any earth from any street 
 
 or alley, for his private gain or benefit, shall be subject to a penalty of not less 
 than twenty-five dollars. 
 
 Sec. 11. Whoever shall throw, place, or leave any ashes, dirt, filth, or other 
 rubbish in or upon any street, alley, or sidewalk, or shall knowingly suffer or per¬ 
 mit the same to be thrown, placed, or left in or upon any street, alley, or sidewalk, 
 in front of or adjoining any premises owned or occupied by him under his control, 
 shall be subject to a penalty of not less than one dollar, and to a like penalty for 
 each hour the same may remain after notice to remove the same by the Mayor, the 
 Supervisor, or any police officer. 
 
 Sec. 12. Whoever shall throw, place, or leave any live coals or fire, or make or 
 kindle any fire upon any planked street, alley, or sidewalk, or planked street cross¬ 
 ing, shall be subject to a penalty of not less than three dollars, and shall likewise 
 be liable for all damage or injury caused thereby, the costs of repairing which may 
 be recovered with the penalty, or in a separate suit, in the name of the city. 
 
 Sec, 13. No person shall obstruct or incumber any street or alley with mer¬ 
 chandise, fuel, or other article or property longer than may be necessary in the 
 dilligent removal of the same, under a penalty of not less than one dollar, and a 
 like penalty for each hour the same shall not be removed after notice to remove 
 the same by the Mayor, the Supervisor, or any police officer. 
 
112 
 
 ORDINANCES. 
 
 Sec. 14. When any street or alley may be obstructed by a press of teams, wag¬ 
 ons, or animals, the Mayor, the Supervisor, or any police officer may give such 
 orders and directions as may be deemed necessary for abating the obstruction ; and 
 whoever shall not observe and obey such orders and directions, shall be subject to 
 a penalty of three dollars. 
 
 Sec. 15. Whoever shall place or leave or cause to be placed or left any en- 
 ^encroachment, incumbrance, or other obstruction in or upon any street, alley or 
 sidewalk, shall, in all cases, be liable to the city, and to private persons for all 
 damage or injury arising from such encroachment, incumbrance or obstruction. 
 
 Sec. 16. No steps, platform, or other fixtures shall be built to extend into or 
 upon any sidewalk or alley more than three feet; and all steps encroaching upon 
 any sidewalk or alley and leading to the upper story of any building, shall be se¬ 
 curely suspended without posts. Nor shall any open cellar way, or basement way, 
 extend into or upon any sidewalk or alley more than three feet, and shall be well 
 protected and secured with a substantial iron railing round the same. Nor shall 
 any closed cellar way or basement way extend into or upon any sidewalk more 
 than five feet, or into any alley more than four feet j nor shall the door or grating 
 of any such closed cellar way or basement way, extend above the grade of the side, 
 walk, nor exceeding one inch above the grade of the alley; nor shall the hinges, 
 lock or other fastenings thereof, be placed on the upper side thereof so as to pro¬ 
 ject above the door, unless within two feet of the building. No show window shall 
 extend upon any sidewalk more than eighteen inches, and all cellar windows or coal 
 holes, placed in any sidewalk or alley, shall be well secured by an iron grating or 
 otherwise, laid even with the grade of the sidewalk or alley. Whoever shall vio¬ 
 late or shall fail to comply with the requirements of this section, shall be subject to 
 a penalty of not less than three dollars, and to a like penalty for each day he shall 
 fail to comply herewith, after notice to do the same by the Mayor, the Supervisor 
 or the Marshal. 
 
 Sec. 17. No fixture, building, fence, or other erection or enclosure, extending 
 or encroaching upon any street, alley, or sidew’alk, contrary to ordinance, shall be 
 repaired or rebuilt, under a penalty of not less than ten dollars. 
 
 Sec. 18. Whoever shall place, hang, or set out over or upon any sidewalk, any 
 goods, wares, or merchandise, except within three feet of the building or premises 
 occupied by him, or shall place, suspend, or erect any sign, show bill, show case. 
 Hag, or other obstruction projecting into or hanging over any sidewalk, exceeding 
 three feet from the building or premises occupied by him, or shall knowingly per¬ 
 mit the same to be done in front of any building or premises owned or occupied by 
 him under his control, shall, in each case, be subject to a penalty of not less than 
 one dollar, and an additional penalty of one dollar for each hour the Same shall re¬ 
 main, after notice to remove the same by the Mayor, the Supervisor, or any police 
 officer. 
 
 * 
 
 Sec. 19. No person shall encumber or obstruct more than four feet of the outer 
 edge of the sidewalk with any goods, wares, merchandise, fuel or other articles or 
 property be may be receiving or delivering, nor shall permit the same to remain 
 upon any sidewalk longer than may be necessary in the diligent removal thereof, 
 nor in any case to exceed twenty-four hours, under a penalty of not less than one 
 dollar; and to an additional penalty of one dollar for each hour the same may re¬ 
 main, after notice to remove the same by the Mayor, the Supervisor, or any 
 police officer. 
 
misdemeanors. 
 
 113 
 
 Sf.c. 20. Whoever shall purposely push or draw any sleigh, wagon, or other 
 vehicle, or drive, lead or ride, any team or beast of burden over or upon any paved 
 or planked sidewalk, unless it may be necessary in crossing the same to go into his 
 own premises or into premises where no wagon crossing or other suitable means of 
 access is provided, shall be subject to a penalty of not less than three dollars. 
 
 Sec. 21. Whoever shall fasten or leave any team or beast of burden in such a 
 manner as that the team, the vehicle, the animal, the harness, the lines, or anything 
 belonging thereto, shall be an obstruction to the sidewalk, shall be subject to a pen¬ 
 alty of not less than one dollar. 
 
 Sec. 22. Whoever shall not keep the paved or planked sidewalks in front of or 
 adjoining the premises owned or occupied by him and under his control, so as not, 
 to be obstructed by show, dirt, weeds, or other obstruction, shall be subject to a 
 penalty of one dollar, and to a like penalty for each day he shall not remove such 
 obstruction, after notice to do the same by the Mayor, the Supervisor, or any police 
 officer. 
 
 Sec. 23. Whoever shall obstruct any street crossing by unnecessarily stopping 
 thereon with any team, vehicle, or animal, so as to incommode persons crossing the 
 same, shall be subject to a penalty of not less than one dollar. 
 
 Sec. 24. Whoever shall suffer or permit the water falling or draining from any 
 building owned by him or under his control, to spread over the sidewalk in front 
 thereof, shall be subject to a penalty of one dollar, and to a like penalty for each 
 day he shall not remedy the same, after notice to do the same by the Mayor, or 
 the Supervisor. 
 
 DIVISION IV.—OF BOYS. 
 
 Section 1. Any two or more boys, who in the night time may be assembled 
 together and disturbing any lawful assemblage of persons, or making any unusual 
 noise or disturbance to the disquiet or annoyance of the neighborhood; or who may 
 be found loitering or strolling about, and who shall not disperse and go to their sev¬ 
 eral homes when required by the Mayor or any police officer, shall each severally 
 be subject to a penalty not exceeding five dollars in each case. 
 
 Sec. 2. No boj’ - or other person shall, in the inhabited part of the city, use or 
 drive any hoop, or use any bow and arrow, or raise or fly any kite, or smoke or fire 
 balloon, or (except upon national holidays or other public and general celebrations,) 
 make or kindle any bonfire, or fire, explode or set off any fire arms, fire halls, fire 
 cracker, torpedo, rocket, or other fire works ; or shall otherwise pursue any amuse¬ 
 ment or exercise calculated to impede travel, or to frighten animals, or injure or 
 annoy persons passing along the streets or sidewalks, under a penalty of not exceed¬ 
 ing five dollars in each case. 
 
 Sec. 3. No boy cr other person shall purposely or heedlessly cast or throw any 
 stone or other missile, from or into any public place, or at any person, or at, upon, 
 against, or into any building, premises, tree, or other property, or shall walk upon 
 the top or capping of any fence or railing, or climb upon the same, or into any 
 shade or ornamental tree upon any sidewalk or elsewhere without thp consent of 
 the owner thereof, or shall in any wise injure, deface, or destroy any building, 
 ience, railing, tree, or other property, or shall meddle with any public well, cistern 
 or pump, under a penalty of not exceeding ten dollars in each case. 
 
 Sec. 4. Any boy or other person who shall willfully or heedlessly make any 
 
 8 
 
114 
 
 ORDINANCES 
 
 unusual noise or disturbance to the disquiet or annoyance of others ; or shall dis¬ 
 turb any assembly met for religious worship; or any other lawful assembly of 
 persons ; or who shall assault or strike any other boy or person ; or who shall tres¬ 
 pass upon any public grounds or private premises, and injure, carry away, or de- 
 stioy any tree, fruit, vegetable, plant, shrub, or other thing of value therein; or 
 who shall get into or upon any wagon or other vehicle, without the consent of the 
 owner thereof; or shall otherwise purposely annoy or molest any other person, 
 shall be subject to a penalty of not exceeding ten dollars in each case. 
 
 Sec. 5. Any ’ boy or other person who shall abet or encourage any violation 
 hereof, or any other unlawful act, shall be subject to a penalty not exceeding ten 
 dollars. 
 
 Passed, July 26, 1859. 
 
 CHAPTER XIX. 
 
 NUISANCES. 
 
 An Ordinance in relation to Nuisances. 
 
 DIVISION I.-NUISANCES IN GENERAL. 
 
 Section 1. Any premises or any part thereof, which may be nauseous, foul or 
 offensive to the neighborhood, or to any person or family residing near the same, or 
 to persons passing along any street or alley near the same, or in such a condition as 
 to be detrimental or obnoxious to the public health or comfort, shall be deemed a 
 nuisance, and any owner or occupant of such premises, who shall neglect or refuse 
 to abate, remedy, or remove such nuisance, or dense such premises after notice 
 thereof by the Supervisor, the Marshal, or any police constable, shall be subject to 
 a penalty of not less than three dollars for each day he shall so neglect or refuse to 
 abate, remove, remedy, or cleanse the same after such notice. 
 
 Sec. 2. Any pen, place, or premises in which swine are kept or confined,which, 
 may be offensive, or an annoyance to any person residing near tlie same, or to per¬ 
 sons passing along any street or alley near the same, is hereby declared to he a nui¬ 
 sance, and the owner or keeper of such swine, or the owner and occupant of the 
 premises, who shall neglect or refuse to abate, remedy, or remove such nuisance, 
 after notice thereof by the Supervisor, the Marshal, or any police constable, shall 
 be subject to a penalty of not less than three dollars for each day he shall so neglect 
 or refuse to abate, remedy or remove such nuisance after such notice. 
 
 Sec. 3. Any nauseous, foul or offensive, or putrid liquid, or substance, or any 
 liquid or substance likely to become nauseous, foul, offensive or putrid, which may 
 be discharged, placed, or thrown, or flow from, or out of any premises, into any 
 street or alley, or into any adjacent premises, is hereby declared a nuisance, and 
 whoever shall throw, place, or discharge any such nauseous, foul, offensive, or pu¬ 
 trid liquid or substance, or any liquid or substance likely to become nauseous, foul, 
 offensive, or putrid, into any street or alley, or into any adjacent premises, or shall 
 permit any such nuisance to be discharged, or to flow from or out of any premises 
 owned or occupied by him or under his control, into any street or alley, or into any 
 adjacent premises, shall he subject to a penalty of not less than three dollars, and to 
 
'nuisances. 
 
 115 
 
 a like penalty for each day he shall not abate, remedy, or remove the same, after 
 notice thereof by the Supervisor, the Marshal, or any police constable. 
 
 Sec. 4. Whoever shall deposit, throw, or discharge, or leave any nauseous, foul, 
 offensive, or putrid liquid, substance, or excrement, or any liquid or substance likely 
 to become nauseous, foul, offensive, or putrid within the city, or (so as to be or 
 likely to become offensive or injurious to the health or comfort of any person resid¬ 
 ing within the city,) within one half mile thereof, shall be deemed guilty of a nui¬ 
 sance, and shall be suject to a penalty of not less than three dollars, and to a like 
 penalty for each day he shall not abate, remedy, or remove such nuisance after no¬ 
 tice thereof by the Supervisor, the Marshal, or any police constable. 
 
 Sec. 5. Any person who shall knowingly suffer any dead animal belonging to 
 him to remain within the city, or within one half mile thereof, so as to be or be 
 likely to become putrid and nauseous, or offensive to any person residing within the 
 city, shall be deemed guilty of a nuisance, and shall be subject to a penalty of not 
 Jess than three dollars. 
 
 Sec. 6. No person shall m removing any dead animal, or excrement, or any oth¬ 
 er nauseous, offensive, or putrid liquid, or substance, purposely or unnecessarily 
 cause the same to be offensive or annoying to any other person, under a penalty of 
 not less than three dollars. 
 
 Sec. 7. When any nuisance or any thing likely to become a nuisance, shall be 
 found by the Supervisor, the Marshal, or any police constable, or shall be reported 
 to them, the author, owner, or cause of such nuisance, shall forthwith be notified to 
 abate, remedy or remove the same, and in case he shall not comply with such notice, 
 the officer shall abate such nuisance, and bring suit against such person in the name 
 of the city, for the penalty, and the costs of removal or abatement may also be re¬ 
 covered with the penalty, or by a separate suit in the name of the city before any 
 court having jurisdiction. When any nuisance or any thing likely to become a nui¬ 
 sance, may be found upon any premises, and the owner, author, or cause of such 
 nuisance is unknown or can not be found, the owner, occupant, or agent of such 
 premises shall be notified to abate the same, and if such owner or his agent or oc¬ 
 cupant, whose duty it is to abate such nuisance shall not comply with such notice, 
 he shall be subject to a penalty of not less than three dollars, and the officer shall 
 proceed without delay to abate the same, and may bring suit in the name of the city 
 against the person liable therefor, for the penalty and the costs of removal or abate¬ 
 ment, or if no person liable therefor can be found, may report such costs under 
 oath to the City Council for allowance, and assessment against the premises charge¬ 
 able therewith. When the owner, author, or cause of such nuisance, or the owner 
 or his agent, or the occupant of the premises upon which such nuisance may exist 
 is unknown or cannot be found within the city, the officer shall anate such nuis¬ 
 ance forthwith without notice, and may bring suit in the name of the city for the 
 penalty and the costs of removal or abatement against the owner, author, or cause 
 of such nuisance, or the owner or occupant of the premises, or other person liable 
 therefor, or if no person liable therefor can be found, may report the costs of such 
 removal or abatement under oath to the City Council for allowance, and assess¬ 
 ment against the preir ises chargeable therewith. 
 
 DIVISION II.-NUISANCES UPON LOTS. 
 
 Section 1 . Any lot or premises upon which stagnant water may be standing so 
 
116 
 
 ORDINANCES. 
 
 as to become or be likely to become putrid, foul, or offensive, or detrimental to the 
 health and comfort of persons residing in the neighborhood thereof, is hereby de¬ 
 clared a nuisance. 
 
 Sec. 2. When any lot or premises shall be referred to the Board of Health by 
 the City Council, or reported to them as a nuisance, or as likely to become a nui¬ 
 sance, from stagnant water standing thereon or any other cause detrimental to the 
 public health or comfort, the Board shall examine into the condition of such lot or 
 premises, and if the same shall be found in such a condition as to be detrimental or 
 obnoxious to the health or comfort of persons residing in the neighborhood thereof, 
 shall report such lot or premises as a nuisance to the City Council, stating the cause, 
 and the manner deemed best for abating such nuisance, either by filling up or drain¬ 
 ing such lot or premises or otherwise. 
 
 Sec. 3. When any lot or premises shall be reported to the City Council as a 
 nuisance by the Board of Health, the City Council may, by the passage of an or¬ 
 dinance, declare such lot or premises to be a nuisance, stating the cause therefor, 
 and require the owner or occupant of the lot or premises or other person liable 
 therefor to fill up or drain such lot or premises, or otherwise abate such nuisance, 
 within such time as may be named in the ordinance. 
 
 Sec. 4. The Mayor shall, without delay, after the passage of any ordinance 
 declaring any lot or premises a nuisance and requiring such nuisance to be abated 
 by the filling, draining, or otherwise improving of such lot or premises, cause a copy 
 of such ordinance to be delivered to the owner of such lot or premises, or his agent, 
 or the occupant thereof, or any other person whose duty it is to abate the nuisance 
 thereon. If the owner of such lot or premises, or other person whose duty it is to 
 abate the nuisance thereon, is not a resident of the city, the Mayor may inclose a 
 copy of the ordinance to such owner or other person by mail, directed to him at the 
 post office at which he usually receives his letters, if known. But if such owner 
 or other person whose duty it is to abate, such nuisance, or his agent, is unknown, 
 or the place of his residence is unknown, the ordinance shall he published for three 
 days in the newspaper publishing the ordinances of the city, which shall be sufficient 
 notice to all persons. 
 
 Sec. 5. If any lot or premises shall not be filled up or drained or such nuisance 
 otherwise abated in compliance with such ordinance, the Mayor shall cause the same 
 to be done by the City Supervisor, or may let the same by contract in the same man¬ 
 ner as for public improvements, and when completed shall report to the City Coun¬ 
 cil an accurate account or the cost thereof, under the oath of the Supervisor or of 
 the contractor doing the same, and the amount so necessarily expended in abating 
 such nuisance may be recovered of the owner of such lot or premises, or of any 
 other person liable therefor, by suit in the name of the city before any court having 
 jurisdiction, or may be assessed against the lot or premises chargeable therewith, 
 and collected by warrant and sale of the same in thesame manner as other nuisances. 
 
 Sec. 6 . When any lots or premises shall he filled up or drained, or any nuisance 
 thereon otheiwise abated, the officer or contractor doing the same shall keep an ac¬ 
 curate account of the cost of abating such nuisance upon each separate lot or prem¬ 
 ises, and shall report the same separately, but if the exact cost of each cannot be 
 ascertained, he shall apportion the costs equitably as near as may be to each sepa¬ 
 rate lot or p'reu ises. 
 
NUISANCES. 
 
 117 
 
 DIVISION III.—DILAPIDATED BUILDINGS. 
 
 Section 1. Any wooden building or wooden part of any building in the fire 
 limits, which may be situated within thirty feet of any contiguous building, and 
 which shall be so dilapidated and out of repair as to be untenantable, is hereby de¬ 
 clare! a nuisance. 
 
 Sec. 2. When any such building or part of building shall be reported to the 
 City Council, the same shall be referred to the committee on fire and water or other 
 appropriate committee, who shall examine such building and report the condition 
 thereof, and if the City Council shall be satisfied that such building is untenantable 
 and within thirty feet of any adjoining building, they may pass an ordinance requi¬ 
 ring the removal of such building, describing the same and the location thereof, 
 without the fire limits, within such time as the} r may deem necessary. 
 
 Sec. 3. The Mayor shall, without delay, after the passage of any ordinance re¬ 
 quiring the removal of any such building, make out, sign, and deliver to the Mar¬ 
 shal, a notice containing a copy of the ordinance, directed to the owner of such 
 building, requiring him to remove the same incompliance therewith. The Marshal 
 shall, without delay, serve such notice upon the owner of such building, or his 
 agent, retaining a copy thereof. But if the owner is a non-resident and has no 
 ,known agent residing in this city, the Mayor shall send the notice to him by mail, 
 directed to him at the post office at which he usually receives his letters, if known, 
 retaining a copy thereof. If no owner or his agent can be found, or the owner or 
 his place of residence is known, the Mayor shall cause the ordinance to be publish ■ 
 ed for three days in the newspaper publishing the ordinances of thecity, which shall 
 be deemed sufficient notice to all persons. If any such building shall not be re¬ 
 moved in compliance w T ith such notice, at the expiration of the time named therein, 
 the Mayor shall order the City Marshal to remove or tear down such building, or 
 such part thereof as may be necessary. 
 
 Sec. 4. The Marshal shall, without delay, execute the order of the Mayor, and 
 shall report the costs of removal of any such building upon oath to the City Coun¬ 
 cil, and the same may be collected of the owner of the building by suit in the name 
 of the city before any court having jurisdiction, or assessed against the premises 
 chargeable therewith, and collected by warrant and sale of the same, in the same 
 manner as in other nuisances. 
 
 Sec. 5. Any owner of any such building who shall, when notified thereof, ne¬ 
 glect or refuse to remove any such building, in compliance with such notice, shall 
 be subject to a penalty of not less than twenty dollars. 
 
 Sec. G. Any building or erection, or part thereof, which shall be in danger of 
 falling, or otherwise in such a condition as to endanger the safety of persons in 
 passing under or near the same, or residing adjacent thereto, or to endanger any 
 property contiguous thereto, is hereby declared to be a nuisance. 
 
 Sec. 7. When knowledge of any .such dangerous building or erection shall come 
 to the Mayor, he shall, without delay, summon three disinterested citizens of the 
 city, who shall with him inspect such building or erection, and if they or a majori¬ 
 ty of them, shall be of the opinion that the same endangers the safety of persons 
 passing under or near the same, or residing adjacent thereto, or any property con¬ 
 tiguous thereto, the Mayor shall, without delay, notify or cause to be notified the 
 owner or person having charge of such building or erection, forthwith to remove, 
 d< molisb, or otherwise secure the same or such part thereof as may be necessary ; 
 
118 
 
 ORBINANCES. 
 
 and upon his failing or refusing to comply with such notice, the Mayor shall, with¬ 
 out delay, cause such building or erection, or such part thereof as may be neces¬ 
 sary, to be removed, demolished, or otherwise secured, so as to be safe and harm¬ 
 less ; and the owner of such building or erection, or person having charge of the 
 same, who shall so fail or refuse to comply with such notice, shall be subject to a 
 penalty of not less than twenty dollars, and the costs of removing, demolishing, or 
 securing such building or erection, shall be reported to the City Council by the 
 Mayor, and the same may be collected of the owner of such building or erection, 
 or person having the same in charge, Dy suit, in the name of the city before any 
 court having jurisdiction, or assessed against the premises chargeable therewith, 
 and collected by warrant and sale of the same, in the same manner as other nuis¬ 
 ances. 
 
 Sec. 8 . All scaffolds or other erections used in the erection of any building, 
 shall be made secure and sufficiently wide to insure the safety of persons working 
 thereon or passing under the same, against the falling thereof, or of materials that 
 may be placed thereon. Any scaffold or other erection which may be otherwise 
 constructed, shall be deemed a nuisance, and whoever shall erect or use any such 
 insecure or dangerous scaffold or erection, shall be subject to a penalty of not less 
 than ten dollars, and upon his failure or refusal to remedy or remove the same 
 forthwith, when required by the Mayor. <he Supervisor, or any police officer, the 
 officer shall cause the same to be done and the costs of such removal shall be col¬ 
 lected of the owner or builder thereof and recovered by suit in the name of the city 
 before any court having jurisdiction. 
 
 DIVISION IV.-ASSESSMENTS FOR ABATING NUISANCES. 
 
 Section 1. When any costs or expenses necessarily expended in removing or 
 abating any nuisance upon any premises chargeable therewith, shall be reported to 
 the City Council and examined by them, they may by an order to be entered at full 
 upon the journals, approve and confirm the same, and levy and assess such costs and 
 expenses against the premises chargeable therewith. The order shall contain a cor¬ 
 rect list and description of the premises, with the name of the owner thereof, if 
 known, and the amount assessed against each lot or premises set opposite thereto, 
 and may be substantially as follows, to wit: 
 
 “ Ordered by the City Council, that the several sums set opposite to each of the 
 following described lots, (parts of lots, real estate, or premises, as the case maybe,) 
 to wit: 
 
 Name of owner. 
 
 DESCRIPTION. 
 
 Amount of 
 Assessment. 
 
 Lot. j 
 
 Block. 
 
 | Addition. 
 
 A. B. 
 
 1 
 
 22 
 
 Ralston’s, 
 
 $20,00 
 
 C* D# 
 
 N*5 
 
 21 
 
 Fonda’s, 
 
 D,00 
 
 E. F. 
 
 4 
 
 6 
 
 Mason’s. 
 
 40,00 
 
 Being the costs and expenses approved by the City Council, for abating nuisances 
 upon each of the aforesaid lots or premises, by the city, after failure of the own¬ 
 ers or other persons whose duty it was to abate such nuisance, after due notice to 
 do the same in pursuance of the ordinances of the city, be, and the same are here¬ 
 by levied and assessed against each of said lots or premises to defray the costs and 
 
NUISANCES. 
 
 110 
 
 expenses of abating said nuisance thereon, and that a warrant issue for the collec¬ 
 tion of said assessment against each lot, parts of lot or premises, returnable within 
 sixty days from the date thereof.” 
 
 Sec. 2. The City Clerk shall, without delay, after the passage of the order of 
 assessment, make out and deliver to the Collector of Taxes, a warrant for the 
 collection of the assessments containing a true copy of the order of the City Coun¬ 
 cil, signed by the Mayor and himself under the corporate seal, and returnable 
 within sixty days from the date thereof. The Clerk shall take the receipt of the 
 Collector for the warrant upon delivery thereof and charge him with the amount: 
 of the same. 
 
 Sec. 3. The Collector of Taxes upon receipt of the warrant, shall, with¬ 
 out delay, cause a notice, signed by him, to be published for ten days, in the news¬ 
 paper publishing the ordinances of the city, stating that the warrant for the collec¬ 
 tion of the assessments made by the City Council against the premises named 
 therein, (describing the same with the name of the owner thereof, if known, and 
 the amount of the assessment as fully set forth in the warrant,) and for the sums 
 set opposite to each, for the costs and expenses of abating nuisances upon such 
 premises, has been delivered to him for collection and that payment of the same is 
 demanded. Such notice shall be deemed a sufficient demand and a neglect to pay 
 such assessment for twenty days after the expiration of such notice shall be deemed, 
 a refusal. But the Collector shall, as far as is practicable, make per¬ 
 sonal demand of payment of the owner of such premises, or his agent, or other 
 person liable therefor, if he may be found within the city. 
 
 Sec. 4. The Collector of Taxes shall, in the collection of the warrant have 
 all the powers conferred on him by law in the collection of general warrants for 
 taxes, and shall perform the same duties and be subject to the same liabilities, and 
 his return may be made in like form. The City Council may by order or resolu¬ 
 tion extend the time of the return of the warrant. 
 
 Sec. 5. When any warrant shall be returned unsatisfied in whole or in part as 
 to any assessment against any lot or premises or any part thereof, the City Coun¬ 
 cil may at any time thereafter, by an order to be entered at large upon the journals 
 or record kept by the Clerk, direct the Collector to sell the delinquent 
 premises, (describing the same with the name of the owner thereof, if known, and, 
 the assessments severally due thereon and purpose thereof as fully set forth in the 
 warranty or so much thereof as may be necessary for the payment of such assess¬ 
 ment and the costs of sale. 
 
 Sec. 6 . The City Clerk shall, without delay, after the passage of the order of 
 sale, make out a certified copy thereof signed by himself and the Mayor under the 
 corporate seal, and attach to the warrant, and deliver the same to the 
 Collector. The copy of the order, and the warrant shall constitute the process up¬ 
 on which the Collector shall sell the delinquent premises described therein, and 
 they may be sold at any time within two years after the approval or confirmation 
 of such assessment by the City Council. 
 
 Sec. 7. The Collector of Taxes shall then sell the delinquent premises or 
 so much thereof as may be necessary to pay such assessment and the costs of ad¬ 
 vertising the same for sale, he first giving notice of the time and place of sale, by 
 publishing an advertisement at least four times in the newspaper publishing the or¬ 
 dinances of the city, the first publication to be made at least thirty days before 
 such sale, describing the delinquent lots or premises by figures or otherwise, with 
 
120 
 
 ORDINANCES. 
 
 ! he name of the owner, if known, and the amount of the assessments severally due 
 thereon, as fully as set forth in the warrant, and stating that the smallest portion of 
 the lot or premises to be taken from the east side thereof, will be sold to the per¬ 
 son who will take the same and pay the assessment due against the same for abating 
 nuisances thereon and the costs of advertising the same for sale. All proceedings 
 may be stopped at any time before sale, by payment of the assessment and the costs 
 of advertising. 
 
 Sec. 8. All subsequent proceedings shall be the same in all respects whatever 
 as in cases of sales for general taxes, and the duties and liabilities of the 
 Collector, the City Clerk, the City Council and purchasers, shall in all re¬ 
 spects whatever, be the same as is presciibed by law or ordinance in sales for gen¬ 
 eral taxes. 
 
 Passed, July 26, 1859. 
 
 CHAPTER XX. 
 
 OFFICERS. 
 
 An Ordinance in relation to City Officers. 
 
 DIVISION I.-OF CITY OFFICERS IN GENERAL. 
 
 Section 1. The City Council may by an order require any city officer before, 
 entering upon the discharge of the duties of his office, to execute bond to the city, 
 in such sum as may be named in the order, and with such sureties as they may ap¬ 
 prove. But no member of the'City Council, or officer of the city, shall be receiv¬ 
 ed as a surety on the official bond of any city officer. The bond of each city officer 
 shall be conditioned “that he will faithfully execute the duties of his office , and ac¬ 
 count for and pay over and deliver all moneys and other property received by him ; 
 on account of the city.” All official bonds shall be submitted to the City Council 
 for their approval, which, when given, the City Clerk shall certify thereon, and 
 shall file and preserve the same in his office. The City Council may, at any time, 
 require a new bond to be executed by any city officer, if from any cause they shall 
 deem the old bond or the sureties thereon to be insufficient, but the execution of 
 such new bond shall not in any manner affect any liability, loss, or damage incurr¬ 
 ed under the old bond, or release the sureties from any liability incurred thereon. 
 All bonds and contracts shall be written, or printed, or partly both, in a plain and 
 legible manner. 
 
 Sec. 2. When any city officer shall have qualified as required by the charter and 
 ordinances of the city, the City Clerk shall make out and deliver to him a commis¬ 
 sion under the corporate seal, signed by the Mayor or presiding officer of the City 
 Council, and the City Clerk. The commission maybe substantially as follows, to 
 wit: 
 
 A. B., Mayor of the city of Warsaw : To all to whom these presents shall come : 
 Greeting: Know ye, that C. D. Having been duly (elected or appointed as the case 
 
 may be,) and qualified to the office of-of the city of Warsaw; I, A. B., 
 
 Mayor, (or acting Mayor as the case may be,) of said city, for and in behalf of 
 the people thereof; do hereby commission him-, in and for said city: to 
 
OFFICERS. 
 
 121 
 
 ihave and possess the said office , with all the rights, powers, and emoluments inci¬ 
 dent thereto, with authority to execute all the duties thereof according to law 3 until 
 his successor shall be duly chosen and qualified. 
 
 In testimony whereof, I have hereunto set my hand and 
 caused the corporate seal of said city to be affixed, this 
 
 T seal. ] -day of -, A. D., one thousand eight hundred 
 
 and fifty —, and of the Independence of the United 
 States the eighty —year. By the Mayor, 
 
 A. B., Mayor. 
 
 E. F., Clerk. 
 
 Sec. 3. All officers collecting or receiving any moneys on account of the city, 
 shall pay the same as fast as collected, into the city treasury, in the same kind of 
 funds as received by them, and shall, on the first Monday of each month, report to 
 the City Council an accurate statement of all moneys received by them for the pre¬ 
 ceding month, specifying the amount, from whom, and on what account received. 
 No officer shall retain any moneys collected or received by him, toward the pay¬ 
 ment of any salary or fees which may be coming to him from the city, but shall 
 pay the same into the treasury. Any officer violating any provision of this section 
 shall be subject to a penalty of not less than ten dollars. 
 
 Sec. 4. The records, books, and papers pertaining to any city office, shall, at all 
 i easonable times, be subject to the inspection and examination of the mayor, the 
 city council, or any of its committees, or any person interested in the same ; and all 
 city' officers shall, when requested, give all the information in their power pertain¬ 
 ing to their respective offices, to the city council or any of its committees, the 
 mayor, the board of school inspectors, or any other department of the city govern¬ 
 ment. 
 
 Sec 5. When any particular officer required by ordinance to execute any par¬ 
 ticular duty, shall be absent or incompetent or otherwise unable to discharge such 
 duty, the mayor may assign the discharge of such duty to some other officer, and 
 such officer shall act in such case with the same powers and authority as if specially' 
 named in the ordinance. 
 
 Sec. 6. If any city officer shall remove from the city, or absent himself there¬ 
 from for three months, his office shall thereby be vacated. Any officer desiring to 
 be temporarily absent, shall apply to the city council if in session, or if not, to the 
 mayor for leave of absence; which may be granted for any time not exceeding one 
 month, by the mayor, or by the city council not exceeding three months. Any 
 officer who shall absent himself from the city for more than one week without such 
 leave of absence, shall be subject to a penalty of not less than twenty dollars for 
 each week he shall so absent himself. 
 
 Sec. 7. All officers shall be liable to the city for all loss or damage that may 
 arise from their negligence or willful misconduct in ti e discharge of any official 
 duty; and the city council may in their discretion, by order, withhold the salary of 
 any such officer in order to secure the city from loss. And if any officer shall fail, 
 neglect, or refuse to discharge or perform any duty required of him, the city coun¬ 
 cil may employ or appoint some competent person to perform such duty, and the 
 costs and expenses of doing the same shall be charged to such officer, and deducted 
 from his salary; or if his salary shall be insufficient to pay the same, they may be 
 collected from him and recovered by suit in the name of the city before any court 
 having jurisdiction. 
 
ORDINANCES. 
 
 1 
 
 JL mt 
 
 Sec. 8 . Whenever it shall come to the knowledge of the mayor or any member 
 of the city council, that any city officer is incompetent, or has willfully neglected 
 or refused to discharge any of the duties of his office, or has been guilty of any 
 malfeasance, misfeasance, or other improper conduct in the discharge of his official 
 duties, he shall forthwith prefer charges in writing against such officer to the city 
 council, specifying the nature of the offenses or offense with which he is charged. 
 The city council shall immediately thereupon appoint by baljot a committee to con¬ 
 sist of three members, to examine into such charges, and who, if upon such ex¬ 
 amination they shall deem them well founded, shall frame such charges with such 
 additional charges as they may find probable cause for preferring, with specifica¬ 
 tions, and report them to the city council. Whereupon the city council shall set a 
 day for hearing and determining the same within ten days. A copy of the charges 
 and specifications with a notice of the day set for hearing the same, shall, without 
 delay, be made out by the city clerk and delivered to the accused. Upon the day 
 appointed the city council shall proceed to hear and determine concerning such 
 charges, and hear and examine all evidence that may be afforded on both sides, and 
 may, if necessary, adjourn from day to day, and shall, upon concluding such ex¬ 
 amination, vote by ayes and nays upon the charges whether the accused is guilty. 
 The question upon each charge shall be “is the accused guilty ?” and if tw T o thirds 
 of all the aldermen required by law to be elected, shall vote that he is guilty of 
 any charge preferred, they may resolve that he be removed from office ; and shall 
 thereupon proceed to fill such vacancy according to law. The proceedings shall be 
 entered at large upon the journals by the city clerk. 
 
 Sec. 9. The accused shall be heard, if he shall so desire, by himself or counsel 
 in his defense, and the city attorney, if required, shall attend and prosecute on be¬ 
 half of the city. But no exceptions shall be taken or allowed as to the form of the 
 charges or specifications; and it shall be sufficient if the offense charged is clearly 
 and substantially set forth. 
 
 Sec. 10. The mayor shall issue warrants under the corporate seal, for all wit¬ 
 nesses, or the production of all papers that may be required, either before the city 
 council, or before the special committee, and deliver the same to the city marshal, 
 who shall serve the same by reading, or by delivery of a copy thereof to the person 
 summoned, and shall make a return in what manner he has executed the same. 
 And any person who shall neglect or refuse to appear or to testify when so requir¬ 
 ed, or to produce any papers which he may have in his possession or under his 
 control pertaining to such trial, shall be subject to a penalty of not less than fifty 
 dollars, and may be compelled to appear or to testify in any other legal manner. 
 When any witness may be unable to attend from sickness or other cause, or is be¬ 
 yond the jurisdiction of the council, his deposition, taken in accordance with the 
 laws of the State, may be read in evidence. 
 
 Sec. 11. When any charges shall be preferred, the officer shall immediately be 
 suspended until they are disposed of, and the city council may make a temporary 
 appointment to fill such vacancy. If any officer shall, without good cause, neglect 
 to appear at the time appointed, and answer the charges against him, his office shall 
 be declared vacant, Any officer who may be removed from office, shall not receive 
 any salary from and after the date charges are preferred against him. 
 
 Sec. 12. Any city officer, authorized or required by the city charter to be ap¬ 
 pointed by the city council, may be removed from office at any time by a vote of 
 two thirds of all the alderman required by law to be elected. But the city council 
 
OFFICERS. 
 
 123 
 
 may at its option cause charges to be preferred against such officer, and proceed to 
 hear and determine the same in the same manner as is prescribed in the 9th Section 
 hereof. 
 
 * 
 
 DIVISION II.—CITY ATTORNEY. 
 
 Section 1 . The City Attorney shall be licensed to practice in the courts of the 
 State, and shall prosecute or defend in behalf of the city in all cases in which the 
 interests of the city, or the official acts of any officer or agent of the city are in¬ 
 volved. 
 
 Sec. 2. He shall, when required, prosecute any suit brought in the name of the 
 city before any police or other magistrate for the recovery of any penalty or oth¬ 
 erwise. 
 
 He shall cause execution to be issued upon all judgments recovered in favor of 
 the city, and attend to their prompt collection. 
 
 He shall report to the City Council or to the Mayor all cases in which he shall 
 deem it expedient to take any appeal or writ of error on behalf of the city, and the 
 City Council may, by an order or resolution, authorize the same to be done, and the 
 Mayor shall enter into such bond or other obligation on the part of the city, under 
 the corporate seal, and with such sureties as may he necessary ; and such sureties 
 shall be indemnified by the city from all loss or damage. 
 
 He shall prepare and file all necessary papers in all cases where the city is a party 
 or interested. The City Clerk shall deliver to him any bond or other paper neces¬ 
 sary to be used in any suit or other proceeding, taking his receipt for the same. 
 
 Sec. 3. He shall be allowed one dollar of all fines and penalties under ten dol¬ 
 lars, and two dollars of all fines and penalties exceeding ten dollars, which may be 
 recovered and collected in cases which he shall actually prosecute. He shall be al¬ 
 lowed five dollars of each judgment under one hundred dollars, and ten dollars of 
 each judgment exceeding one hundred dollars in favor of the city, obtained in courts 
 of record, and collected by him. 
 
 Sec. 4. He shall report to the City Council without delay after the adjournment 
 of each term of any court of record, and at such other times as he may be required, 
 the state or disposition of all cases of the city pending in such court. He shall ex¬ 
 amine all fee bills of officers of courts and others, and certify to the correctness of 
 the same, and the liability of the city therefor. 
 
 Sec. 5. The City Attorney may, in case of temporary absence, or otherwise be¬ 
 ing unable to attend to the duties of his office, with the consent of the Mayor and 
 at his own expense, appoint some competent attorney to act in his place. The 
 City Council may authorize the retaining of assistant counsel when deemed expe¬ 
 dient. 
 
 DIVISION III.-CITY ENGINEER. 
 
 SectoiN. 1 . The City Engineer or Surveyor shall, when required by the Mayor, 
 the City Council, or any of its committees, make out plans, estimates and specifi¬ 
 cations for any public work which may be ordered or proposed by the City Coun¬ 
 cil, and superintend the construction thereof. 
 
 He shall, when required by the City Council, make surveys of the grades or 
 boundaries of streets or alleys, and prepare plats or profiles thereof, and report the 
 
124 
 
 ORDINANCES. 
 
 .same to the City Council, and no such survey of any grade or boundary shall be 
 established and valid, until the plat or profile thereof shall be reported to and ap¬ 
 proved by the City Council. 
 
 He shall, when required, receive, inspect, or measure any lumber or other mate¬ 
 rials to be used for any public work, and if necessary shall keep an accurate ac¬ 
 count in a suitable book, of the quantity and quality of the same, and from whom 
 received, and the cost thereof, and also for what purpose used, or to be used, and 
 jto whom delivered. 
 
 He shall examine all accounts ( 'for materials received by him on account of the 
 /city, and if correct, certify the same to the City Council. 
 
 Sec. 2. He shall preserve in his office all records and plats of surveys, and all 
 books, papers and writings pertaining to his office. 
 
 He shall make out and keep a diagram or plat of all the grades and boundaries 
 of streets and alleys established by the City^ Council, correcting the same when any 
 grade shall be changed, and adding thereto when any new grade or boundary shall 
 be established; and he ffiall record in a suitable book the profiles and notes of all 
 surveys of grades and boundaries established, and shall preserve the original papers 
 relating thereto: and shall otherwise keep a systematic record of all the transac¬ 
 tions pertaining to his department. 
 
 Sec. 3. He shall make all surveys in the city that he may be called upon to 
 make ; and shall employ at his own expense the necessary chainmen and other as¬ 
 sistants, who shall, before entering upon their duties, be sworn before him, or any 
 person authorized to administer oaths, “ to measure accurately and justly, and to 
 perform their duties to the best of their knowledge and ability 
 
 He shall acquaint himself with the original surveys of the town and city, and 
 shall, as far as it is practicable, provide himself with copies of the field notes of 
 the original surveys; and shall make his surveys in accordance therewith ; and he 
 shall note all errors and discrepancies in the original surveys, or re-surveys, as soon 
 as discovered. 
 
 Sec. 4. He shall, upon finding or establishing the boundary of any lot or tract 
 surveyed, plant a substantial stake or stone at each corner thereof, and give to the 
 owner, or person employing him, if required, a certificate, stating the date, and, as 
 far as practicable, the metes and bounds of the survey, and he shall record all such 
 surveys in a suitable book, stating the date of the survey, for whom made, and de- 
 sciibing, as far as practicable, the metes and bounds thereof. 
 
 Sec. 5. He shall be entitled to charge and receive as his fees for giving the line 
 of or for surveying any single lot or tract the sum of two dollars ; for making a 
 plat of the same, including the block in which the lot or part of lot belongs, one 
 dollar ; for subdividing any lot, block, or tract so surveyed, for each subdivision less 
 than ten, including the necessary plats thereof, fifty cents, for each subdivision 
 over ten and less than twenty, forty cents ; for each subdivision over twenty and 
 under forty, thiriy cents each ; for each subdivision over forty and under one hun¬ 
 dred, twenty-five cents each, and for each subdivision exceeding one hundred, 
 twenty cents each. 
 
 He shall mark the grade of any street or alley, where the same is established, at 
 
 the request of any person wishing to make any erection or enclosure, or lay any 
 sidewalk. 
 
 Sec. 6. The City Clerk shall return to the City Surveyor and Engineer all plats 
 
 and other papers pertaining to his department, as soon as the City Council shall 
 have no further use therefor. 
 
OFFICERS. 
 
 125 
 
 DIVISION' IV.-CITY SUPERVISOR. 
 
 Section' 1. The City Supervisor shall superintend all improvements ordered by 
 ‘he City Council upon the streets and alleys, and make all necessary repairs thereof. 
 But no improvement or repair, except such repairs as may be actually necessary 
 shall be made without the order of the City Council; and he shall, without delay, 
 cause all breaks in any planked street or alleys, bridge, culvert, apron or street- 
 crossing, or other insecure or unsafe place, to be repaired, and report the costs 
 thereof to the City Council for allowance, and when the probable cost of any such 
 repair shall exceed twenty-five dollars, the same shall be made with the concurrence 
 of the Mayor, or of the committee on streets and alleys. He shall annually, as 
 early as is practicable in the spring of the year, under the direction of the Mayor, 
 or the committee on streets and alleys, cause the streets and alleys, where needed, 
 to be cleansed and the gutters to be opened, and he shall, as far as it is practicable, 
 keep them in that condition during the year. He shall, from time to time examine 
 into the condition of the streets and alley’s, bridges, culverts, cross-walks, and side¬ 
 walks, and report the same to the city council, and recommend such improvements 
 or repairs as he may deem needed. 
 
 Sec. 2. He may, by authority of the City Council, when the street labor shall 
 be insufficient for repairing the streets, employ such laborers and carts and teams 
 as may be deemed necessary by the Cny Council, and at such price as may be fixed 
 by them, not exceeding the usual rates paid by others for similar labor and service. 
 
 He shall oversee and direct the street laborers and workmen in the employ of 
 
 the city, and requiie them to labor faithfully, and shall keep a correct account of 
 their time in a suitable book. 
 
 He may procure the necessary implements for performing street work, or materi¬ 
 als for bridges, culverts or cross-walks, but he shall purchase no implements or 
 
 materials without making his written request to the Mayor, and getting his order 
 therefor. 
 
 Sec. 3. He shall keep in an appropriate book, and in such manner as may be 
 required, by the Committee on Finance, a plain and accurate account of all expen¬ 
 ditures made under his supervision, specifying to whom made, for what purpose, 
 and to what ward chargeable. 
 
 He shall keep a correct list and account of all implements, materials and other 
 property of the city in his charge, and shall be accountable therefor; and shall de¬ 
 liver the same to his successor in office, taking his receipt therefor, which he shall 
 
 file with the City Clerk, who shall credit him with the same, and charge his suc¬ 
 cessor therewith. , 
 
 "When he shall purchase any implements on account of the city, he shall immedi¬ 
 ately report the bill thereof to the City Clerk, who shall charge him with the same 
 
 at cost. He shall cause all implements belonging to the city to be_legib]y marked 
 or branded with the letters (( C. W. ” 
 
 Sec. 4. He shall examine all accounts of contractors and others for work per¬ 
 taining to his department, or for implements and materials furnished therefor, and 
 if correct, certify the same to the City Council. 
 
 Sec. 5. He shall, at each regular meeting, report to the City Coun¬ 
 cil a statement of all expenditures under his supervision for the preceding month, 
 specifying the purpose of such expenditure and the ward in which the same was 
 made, and if required, the person to whom made. No account presented or certi¬ 
 fied shall be allowed, or warrant issued thereon, unless it shall be so rendered as to 
 show to what account and ward it is chargeable. 
 
126 
 
 ORDINANCES. 
 
 Sec. 6. The City Supervisor shall cause all ordinances in relation to the streets 
 and alleys and sidewalks to be enforced, and shall prosecute all violations thereof. 
 He shall obey all such orders, general or special, as he may receive from the City 
 Council, the Committee on streets and alleys, or the Mayor, and for refusal or 
 willful neglect to perform any duty required of him by the charter or any ordi¬ 
 nance, he shall be subject to removal from office. 
 
 Sec. 7. The City Council shall, as soon as practicable after the commencement 
 of each fiscal year, appropriate from the general fund, an amount to be expended 
 in improving and repairing the streets and alleys, setting apart to each ward a sum 
 equal as near as may be to the proportion of general taxes paid by such ward. 
 Street taxes shall be exclusively expended in the wards in which the persons pay¬ 
 ing the same reside. 
 
 The City Clerk shall credit each ward with the amount of such appropriation 
 and street taxes paid, and charge it with the amount of all warrants drawn against it. 
 
 The City Clerk shall immediately notify the Mayor or City Council when any 
 such appropriation is exhausted, and thereafter no warrant shall be drawn against 
 the same until the further order of the City Council; and no new contracts shall be 
 let or improvements ordered, except for such repairs of the streets and alleys as 
 may be actually necessary.* 
 
 Sec. 8. When any bridge, cross-walk, culvert, or other street work shall be 
 ordered by the City Council, the location and manner of constructing thereof shall 
 be designated in the order. 
 
 Cross-walks shall be constructed not less than two nor exceeding four feet in 
 width, and shall be so laid as not materially to obstruct the road way; and when 
 the width is not specified in the order, shall be laid to the width of three feet. 
 
 DIVISION V.-CITY "WEIGHER. 
 
 Section 1. There shall annually be appointed a City Weigher, who shall hold 
 ills office for one year, and until the qualification of his successor. 
 
 He shall attend at the public scales at all reasonable hours during the day, for 
 the purpose of weighing each load or parcel that may be presented to be weighed. 
 He shall keep an appropriate book in which he shall enter the kind, and weight of 
 each load or parcel weighed, and for whom and the date when weighed, and shall 
 give a certificate thereof to the person applying for the weighing of such load or 
 parcel, which certificate shall be delivered to the purchase! on sale or delivery of 
 the load. 
 
 Sec. 2. No person shall deliver, or sell, or offer for sale, any load of hay or 
 stone coal, without the same being first weighed by the city weigher and a certifi¬ 
 cate thereof given, under a penalty of not less than five dollars in each case. But 
 the provisions of this section shall not be deemed to apply to any stone coal sold or 
 delivered by the car load upon any railroad or by the boat load. 
 
 Sec. 3. The City Weigher may charge and receive ten cents for each load or 
 parcel not exceeding five thousand pounds weighed by him, and twenty cents for 
 each load or parcel exceeding five thousand pounds net, to be paid by the person 
 applying therefor. 
 
 * An action for damages resulting from negligence in not repairing the streets, 
 will lie against a municipal corporation, if the duty to make repairs is fully de¬ 
 clared, and adequate means are put within the power of the corporation to perform 
 the duty,—Browning vs, Springfield, 17 Ills., 143. 
 
OFFICERS. 
 
 127 
 
 Sf,c. 4. When the vehicle and load shall be weighed together, the weigher’s 
 certificate shall state the gross weight thereof; and upon sale or delivery of the 
 load, the vehicle shall be weighed and the nett weight of the load ascertained ; and 
 he shall calculate and enter upon the certificate the quantity of bushels, or tons, or 
 parts thereof, in the load, if the same be sold or delivered by the bushel or ton. 
 But if the vehicle shall have been before weighed, and the weight thereof ascer¬ 
 tained, it shall not be necessary to re-weigh the same, unless required by the pur¬ 
 chaser of the load, and no charge shall be made for weighing the vehicle in order 
 to ascertain the nett weight of the load. Whoever sha'l neglect or fail to have his 
 vehicle weighed after sale or delivery of the load thereof as herein required, shall 
 be subject to a penalty of five dollars.* 
 
 Sec. 5. Whoever shall alter any certificate of the weigher, or shall use or at¬ 
 tempt to use the same, for any other load or parcel than the one for which it was 
 delivered, or shall after the weighing and before the sale and delivery of any load 
 or parcel diminish the quantity thereof, or'shall practice, or attempt to practice any 
 other fraud or deceit in the weighing, sale or delivery of any load or parcel, shall 
 be subject to a penalty of not less than ten dollars in each case ; and the weigher 
 shall use diligence in detecting fraud or deceit, anil prosecute the person guilty of 
 the same. 
 
 Sec. 6 . The weigher shall test the accuracy of his scales monthly, and oftener 
 if he has cause to think them inaccurate. He shall keep them in good order and 
 cause them to be repaired when needed ; but no expense exceeding five dollars shall 
 be incurred without the consent of the Mayor. 
 
 Sec. 7. No person shall be appointed, or be competent as city weigher, who 
 shall directly or indirectly follow the business of buying, selling, or delivering hay 
 or stone coal. 
 
 Sec. 8 . The City Clerk shall procure the necessary book and printed blank cer¬ 
 tificates for the use of the weigher, and shall number the same, and deliver them to 
 him, taking his receipt for the number thereof, and charging him at the rate of ten 
 cents for each blank certificate, and crediting him from time to time with the Trea¬ 
 surer’s receipts, filed by him, and other proper credits. 
 
 *The hundred weight shall consist of one hundred pounds—and twenty such hun¬ 
 dreds shall constitute a ton. Rev. Stat., 1845, Chap. 108, Sec. 5. 
 
 An Act to amend an Act concerning Weights and Measures. Approyed, Feb¬ 
 ruary 14, 1855. Laws of 1855, Page 176. 
 
 Be it enacted by the people of the State of Illinois, represented in the General Assembly: 
 That whenever any of the following articles snail be contracted for, or sold, or de¬ 
 livered, and no special contract or agreement shall be made to the contrary, the 
 weight per bushel shall be as follows, to wit; Shelled corn, fifty-six, ( 06 ) pounds; 
 corn in ear, seventy (70) pounds ; wheat, sixty (60) pounds ; rye, fifty-six (56) 
 pounds; oats, thirty-two (32) pounds; barley, forty-eight (48) pounds ; Irish po¬ 
 tatoes, sixty, (60) pounds ; sweet potatoes, fifty-five (55) pounds ; white beans, 
 sixty (60) pounds; castor beans, forty-six (46) pounds; clover seed, sixty (60) 
 pounds; timothy seed, forty-five (45) pounds; flax seed, fifty- 9 ix (56) pounds; 
 hemp seed, forty-four (44) pounds; blue grass seed, fourteen (14) pounds; buck 
 wheat, fifty-tw T o (52) pounds; dried peaches, thirty-three (33) pounds; dried ap¬ 
 ples, twenty-four (24) pounds; onions, fiftjr-seven (57) pounds; salt, fifty (50) 
 pounds; stone coal, eighty (80) pounds; malt, thirty-eight (38) pounds ; bran, 
 twenty (20) pounds; turnips, fifty-five (55) pounds; hair for plastering, eight ( 8 ) 
 pounds; unslacked lime, eighty (80) pounds ; corn meal, forty-eight (48) pounds; 
 fine salt, fifty-five (55) pounds. 
 
ORDINANCES. 
 
 Ifs 
 
 The Weigher shall, on the first Monday of each month, report to the City Coun¬ 
 cil the number of certificates issued, and the amount received for weighing during 
 the preceding month ; and he shall also pay such amount into the city treasury. 
 
 Sec. 9. Any City Weigher who shall knowingly give any false or fraudulent 
 certificate of the weight or quality of any load or parcel weighed by him, shall be 
 subject to a penalty of not less than ten dollars, and may be removed from office. 
 
 Passed, July 26, 1859. 
 
 CHAPTER XXI. 
 
 PAUPERS. 
 
 An Ordinance in relation to the support of Paupers. 
 
 Section 1. All inhabitants of the city of Warsaw who have not the means for 
 their own support, and who are unable, on account of physical disability or acci¬ 
 dent, to support themselves, and who have no relations residing in the county of 
 Hancock, who by the laws of the State are bound for their support, are hereby de¬ 
 clared paupers, and as such, their support shall be a proper charge upon said city. 
 
 Sec. 2. It shall be the duty of the City Marshal, whenever a case of pauper¬ 
 ism shall come to his knowledge, forthwith to visit said pauper or paupers, and re¬ 
 port the circumstances of the case to the Mayor, and if the Mayor, on hearing the 
 Marshal’s report, shall deem the subject a proper one for relief by the city, the 
 Marshal shall, under the direction of the Mayor, procure for such pauper or pau¬ 
 pers, medical or other attendance, food, clothing or shelter, as the case may require ; 
 Provided, that in case the Mayor may decide adversely to any application for re¬ 
 lief, on hearing the report of the Marshal, an appeal may be taken to the City 
 Council, by petition filed with the City Clerk, prior to the n^xt meeting thereof. 
 
 Sec. 3. It shall be the duty of the City Marshal, to keep a book, to be called a 
 Pauper Book, in which he shall insert the name of every pauper obtaining relief 
 from the city, a list of the necessaries furnished the same, from whom, and the date 
 ■whan obtained, and the price to be paid for the same, which said book he shall lay 
 before the City Council at every regular meeting thereof, or if called for, at any 
 special meeting. 
 
 Sec. 4. The City Council shall not allow any bill for attendance on, or neces¬ 
 saries, or shelter furnished for any pauper or paupers, unless the same shall first 
 have been ordered by the City Council, Mayor, or the Marshal, under his direc¬ 
 tion ; Provided , that in case of sudden accident or illness, when the Mayor or Mar¬ 
 shal’s order could not be first obtained without danger to the patient, the first visit 
 
 of a physician may be allowed without showing a previous order, as above re¬ 
 quired. 
 
 Sec. 5. Whenever any person w r ho is a pauper, shall desire to leave the city, 
 and shall be unable to do so for want of the necessary means, the Mayor is hereby 
 authorized, if in his judgment the interest of the city w r ould be promoted thereby, 
 to draw a voucher on the Treasurer, in amount not exceeding twenty-five dollars, 
 for the porpose of procuring the removal of such pauper or paupers ; Provided, the 
 
 Mayor shall report every such voucher drawn under provision of this section, to 
 the City Council, at its next meeting. 
 
POLICE DEPARTMENT. 
 
 120 
 
 Sec. 6 . Whenever any pauper shall be able, without detriment to his or her 
 health, to earn a partial support, the City Marshal shall, whenever the interest of 
 tne city requires, furnish said pauper with employment, upon any woik necessary 
 for the city to have done; Provided , such employment cannot be obtained from other 
 sources. 
 
 Sec. 7. It shall be the duty of the City Marshal, from time to time, to visit the 
 paupers who are a charge upon the city, and whenever, in his judgment, any pau¬ 
 per becomes able to earn a livelihood for himself, he shall report the same to the 
 Mayor, who shall order such pauper to be discharged from the pauper list. 
 
 Sec. 8 . The Marshal shall receive as a compensation for his services to be per¬ 
 formed under this ordinance, a salary, to be paid quarterly, of fifty dollars per 
 annum. 
 
 Passed, April 18, 1859. 
 
 CHAPTER XXII. 
 
 POLICE DEPARTMENT. 
 
 An Ordinance organizing and establishing the Police Department. 
 
 Section 1 . The police department of the city shall consist of the Mayor, the Al¬ 
 dermen, and Police Magistrates—who shall, ex-officio, be members of the police 
 department—the City Marshal and such police constables and watchmen as may 
 be appointed by the City Council. 
 
 Sec. 2. The City Council may annually, at the time of appointing the other 
 city officers, appoint by ballot one or more Police Constables, not to exceed one for 
 each ward, who shall, unless it may be otherwise specially provided, possess the 
 same power, perform the same duties, and be subject to the same liabilities as the 
 City Marshal. 
 
 Sec. 3. The City Council may, when deemed expedient, appoint by ballot a 
 competent number of watchmen to continue in office during the pleasure of the 
 City Council, and to be subject to removal at any time by the Mayor, for good 
 cause. The watchmen shall have and exercise all the powers, perform all the 
 duties, and be subject to all the liabilities incident to the office by law, or such as 
 may be prescribed by ordinance. 
 
 Sec. 4. Each Police Constable or Watchman shall, before entering upon the 
 discharge of the duties of his office, take and subscribe the oath required by the 
 city charter of other city officers, and may be required by the City Council to exe¬ 
 cute bond to the city, conditioned as in the case of other city officers, and in such 
 sum, and with such sureties as they may prescribe by order or resolution. The 
 bond and oath of office shall be filed in the office of the City Clerk. Watchmen 
 and Police Constables shall receive such salary or compensation as may be pro¬ 
 vided by the City Council. 
 
 Sec. 5. The Mayor shall exercise a general supervision and control over the 
 police department, and shall see that the various police officers are prompt and 
 efficient in the discharge of their duties; and he shall from time to time take such 
 measures for the preservation of the public peace and good order, and for the 
 
 9 
 
ORDINANCES. 
 
 ISO 
 
 prompt and efficient execution of the laws of the State, and the ordinances of the 
 city, as may be deemed most expedient and best to accomplish the purpose con¬ 
 templated. 
 
 Sec. 6 . The City Marshal shall be the Chief of Police, and all police con¬ 
 stables and watchmen, except when otherwise provided by ordinance, shall be sub* 
 ject to his direction and control. 
 
 The Marshal and each police constable shall have an office or station in some 
 convenient or central location, where he shall attend at all reasonable hours ex¬ 
 cept when absent on duty; and all police officers shall render prompt and efficient 
 aid to each other in the discharge of their duties. 
 
 Sec. 7; All members of the police department shall cause all the ordinances of 
 the city to be observed and enforced, especially within their respective wards or 
 districts. When any violation of law, or of any ordinance, shall come to the 
 knowledge of any member of the police department, or be reported to him, he 
 shall without delay cause the proper complaint to be made before a Police Magis¬ 
 trate or other competent court, and the proper witnesses to be summoned or evi¬ 
 dence procured for the successful prosecution of the offender. The Mayor or any 
 \1 derm an or Police Magistrate may, and all other police officers shall arrest, with 
 or without process, any person who shall be found in the act of violating any or¬ 
 dinance of the city, and commit him for examination, and if necessary detain him 
 in custody over night, or over Sunday, or place him in £he city prison, or other 
 secure place, until he can be brought before a Police Magistrate, or other com¬ 
 petent court.* 
 
 Sec. 8. Any police officer shall have power upon reasonable ground of suspi¬ 
 cion, to enter peaceably, or if refused or resisted after demand made, by force, 
 any house or other premises in which any person may be suspected to be for un¬ 
 lawful purposes, and may arrest without process any person who may be found 
 therein, guilty or reasonably supposed to be guilty of any criminal act, and detain 
 him in custody as in other cases until he can be broight before a competent court 
 or Magistrate. 
 
 Sec. 9. Police constables shall have power and authority to serve and execute 
 all process for the apprehension or commitment of all persons charged with the 
 vio’ation of any ordinance of the city, in the same manner and with the same 
 power as the City Marshal, and shall be entitled to receive the same fees as are re¬ 
 ceived by him in similar cases. 
 
 Sec. 10. The City Supervisor shall have power to arrest without process in the 
 same manner as police officers, all persons who may be found violating any ordi¬ 
 nance in relation to the streets, alleys, or side walks. 
 
 Sec. 11. Whenever the Mayor and the Committee on Police shall deem it nec- 
 
 * The City Marshal of the city of Springfield has power to arrest without war¬ 
 rant any offender for any violation of any penal ordinance, committed in his pres¬ 
 ence. Bryan vs. Bates, 15 Ills. Rep. 87. Main vs. McCarty. 15 Ills. Rep. 441. 
 
 An arrest may be made for violating a city ordinance by keeping open a tippling 
 house on the Sabbath. Main vs. McCarty, 15 Ills. Rep. 441. 
 
 An arrest for the breach of the peace need not be made immediately, and may¬ 
 be made after peace is restored and the affray over, or upon the information of an 
 officer who was present witnessing it, after the affray is over. Same case. 
 
 A city ordinal ce authorizing an arrest without warrant for breaches of the 
 peace or threats of breaches is legal. Same case. 
 
POLICE DEPARTMENT. 
 
 131 
 
 essary to establish a temporary night watch, or temporarily to increase the number 
 of watchmen or police constables, they may appoint ill writing under the corporate 
 seal and the signature of the Mayor, a suitable number of reputable and discreet 
 citizens of the city as temporary watchmen or policemen, whose powers, duties, 
 and liabilities shall be the same as other watchmen and police constables, and who 
 shall take and subscribe the same oath, and may be required to execute bond to 
 the city in like manner. The Mayor shall report all such temporary appointments 
 to the next meeting of the City Council, and the City Council may continue or 
 discontinue the same in its discretion; and the persons so appointed shall receive 
 such reasonable compensation as may be agreed upon, or as may be provided by 
 the City Council. 
 
 Sec. 12. The Mayor may, when deemed necessary, detail the Marshal or any 
 police constable or watchman for the discharge of any special police duty, and 
 may require all police officers to perform police duty at any time of the day or 
 night. 
 
 Sec. 13. The City Marshal, subject to the approval of the City Council, may 
 make and establish such reasonable rules and regulations as may be deemed neces¬ 
 sary for the efficient management of the police department, and he shall keep such 
 records, books, and accounts pertaining to the duties of his office, and in such 
 manner, as may be required by the City Council, or the Police or Finance Com¬ 
 mittees. 
 
 DIVISION II.—POLICE MAGISTRATES. 
 
 Sec. 14. All suits or actions for the recovery of any fine, penalty, or forfei¬ 
 ture, arising under the city charter or the ordinances of the city, where the amount 
 sued for or in controversy does not exceed one hundred dollars, may be brought 
 before any Police Magistrate of the city, or before any Justice of the Peace in the 
 city designated by the City Council. 
 
 Sec. 15. Before any suit shall be brought in the name of the city by any Po¬ 
 lice Magistrate, or Justice of the Peace, for any fine or penalty, the City Attorney 
 or other officer or person prosecuting, shall file a statement, signed by him, sub¬ 
 stantially as follows, to wit: 
 
 A. B. To the city of Warsaw Ur. to -dollars, for breach of a city 
 
 ordinance, entitled -passed the-day of -, A. D. 185 , in this, to 
 
 wit: (here describe with particularity the breach in the language of the ordinance,) 
 
 between the-day of --, A. U. 185 , and the-day of -. A. B. 
 
 185—. 
 
 Signed fby complainant] 
 
 r C. JD.' 
 
 Sec. 16. Upon affidavit being made by any person, of the violation of any or¬ 
 dinance by any other person, stating the nature of the violation, and that the offen¬ 
 der is a non-resident of the city, or is about to leave or remove from the city, or 
 that there is otherwise danger that the debt or penalty will be lost to the city, 
 unless the offender be arrested and held to bail, slating the cause of such danger to 
 the satisfaction of the court—or if it shall appear from the affidavit that the offense 
 committed is an assault, breach of the peace, or other offense in which a warrant 
 is authorized to be issued by the laws of the State, a warrant may be issued for the 
 arrest of the person accused as in other cases. 
 
 Sec. 17. JN T o process shall be necessary where the person is legally arrested 
 without warrant and brought before the court; but the officer making the arrest 
 
132 
 
 ORDINANCES. 
 
 shall, unless waived by the person arrested, return a written statement of the cause, 
 lime, and place of arrest, and a note thereof shall be. entered upon the docket of 
 the court. But in all cases the statement required by the fifteenth section hereof, 
 shall be made out, signed, and filed as is therein prescribed. 
 
 Sec. 18. Any person who may 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 be¬ 
 fore any Police Magistrate, in such amount or with such surety or surities as may 
 be required of him, and conditioned that he will appear before the Police Magis¬ 
 trate, or court named therein, at the time named therein, and remain and answer 
 the offense with which he stands charged, and await his trial thereon, and not de¬ 
 part the court without leave. The amount of the penalty of the bond or recogni¬ 
 zance shall be proportioned to the offense charged, and such bond or recognizance 
 shall be fried with the Magistrate or court named therein, by the officer taking the 
 same; and if the offender shall fail to appear, or shall otherwise fail to comply 
 with the conditions thereof, the same shall be adjudged forfeited, and suit shall 
 forthwith be brought thereon against the offender and his surety or sureties, for the 
 fall amount of the penalty thereof, and judgment shall be rendered by the court for 
 the same, and all costs, or for so much of such penalty as may be adjudged just 
 and proper, upon examination of the facts of the case. 
 
 Sec. 19. All officers making arrests shall attend as witnesses before the police 
 court, and shall procure all necessary evidence in their power, and furnish a list of 
 all witnesses to the court or to the City Attorney. 
 
 Sec. 20. Witnesses and jurors attending before any Magistrate, 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 of him, be entit ed to the 
 same fees as in like cases before Justices of the Peace. But no costs of such kind 
 shall be taxed against or collected of the city. 
 
 Sec. 21. The City Attorney shall not be compelled to bring or prosecute any 
 suit in any case where he and the court may be satisfied that the complaint is in¬ 
 stituted maliciously, or vexatiously, and without any probable cause, and that the 
 interests of the public or of the city will not be subserved thereby. And if anv 
 person charged with any offense, shall, upon his trial thereof, be acquitted, and it 
 shall satisfactorily appear to the court that the complaint or prosecution was in¬ 
 stituted maliciously, or vexatiously and without any 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. 
 
 Sec. 22. When any person shall be committed by any court or Magistrate, for 
 the non-payment of any fine or penalty, the Cily Marshal or any police constable 
 may take suen person from the city prison or other place of confinement, and de¬ 
 liver him with a copy of the execution, and with the amount of fine and costs, into 
 the custody of the City Supervisor, or of any other person having charge of any of 
 the public works of the city. And the Supervisor or such other person shall re¬ 
 ceive the person so committed, into his custody, and receipt for him to the Marshal 
 on the execution held by him, and shall enter in a book the amount of the fine and 
 costs, and the number of days which the person will be required to labor to dis¬ 
 charge the same, at the rate of one dollar for each day he shall diligently labor ; 
 and he shall compel such persons to labor on the streets and alleys, or any other 
 public works of the city, for ten hours in each day, and shall credit him with one 
 
POLICE DEPARTMENT. 
 
 133 
 
 dollar for each day he shall so diligently labor, and shall discharge him 'when he 
 shall have labored out his fine and costs. 
 
 Sec. 23. Any person so committed who shall refuse to labor, or who shall con¬ 
 duct himself in a riotous or disorderly manner, or shall refuse to obey the order of 
 the Supervisor or other person having him in charge, or shall resist him, or attempt 
 to escape, shall not be entitled to any credit on his fine, and may be re-committed 
 to the city prison or other safe place of confinement until he shall consent to labor. 
 If any such person shall escape he shall forfeit the whole of his labor performed, 
 and if retaken shall work out the whole amount of the fine and costs for which he 
 was originally committed. 
 
 Sec. 24. Any person committed may at any time pay the amount of the execu¬ 
 tion and costs, and upon such payment being made, or upon his working out the 
 amount of the fine and the costs against him, or otherwise being entitled to his dis¬ 
 charge, the Marshal, Supervisor, or other officer or person having him in custody, 
 shall, if required, give him a written discharge and set him at liberty. 
 
 Sec. 25. The Supervisor or other officer or person having any person so com¬ 
 mitted into his custody for the purpose of laboring out his fine and the costs—shall 
 furnish him with comfortable lodging and plain wholesome food, for which he shall 
 he allowed forty cents, per day, to be paid by the person so committed; and if he 
 shall not pay the same, it shall be paid by the city and charged to him, and labored 
 out in the same manner as his fine ; or he may commit such person to the city prison 
 or other secure place for safe keeping, when not laboring, and take him therefrom 
 each day for the purpose of laboring. 
 
 Sec. 26. The Supervisor, the Marshal, or other officer having any such person 
 in custody, shall, from time to time, report to the City Council the names, the 
 amount of the fine, the manner of discharging the same, and the number of days’ 
 labor performed ; and if any person so committed shall escape, the officer or person 
 having him in custody shall immediately notify the Mayor and Marshal thereof, 
 giving the Marshal a description of such person. 
 
 Sec. 27. The City Marshal and Police Constables shall be allowed twenty-five 
 per cents of the amount of all fines collected by them in cash, and paid into the city 
 treasury, in lieu of all costs against the city. 
 
 Sec. 28. Any Magistrate or other officer collecting fines or moneys on account 
 of the city, shall pay the same into the city treasury as fast as collected. Each 
 Magistrate before whom any suits may be brought in the name of the city, for the 
 recovery of any fines or penalties, shall quarterly, on the first Mondays 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, and 
 the amount of per centage due to such officer; also the amount collected since his 
 last report, upon any judgment for any fine rendered prior to such report, with the 
 amount of the per centage due the proper officer thereon; and upon the approval of 
 Ins report, the City Council shall order the amount of per centage to be paid to the 
 officer entitled thereto. 
 
 If any 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 to make his quarterly report as is herein required, the City Council may or¬ 
 der all suits in the name of the city, for the recovery of any fine or penalty, to be 
 
134 
 
 ORDINANCES. 
 
 brought before some other Magistrate, or may designate one or more Justices of 
 the Peace within the city who will agree to comply with the requirements hereof, 
 and before whom all suits in the name of the city for the recovery of any fine, for¬ 
 feiture or penalty shall be brought. 
 
 If any 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. 
 
 Passed, July 26, 1859. 
 
 CHAPTER XXIII. 
 
 SALARIES, &C. 
 
 An Ordinance relating to the Salaries , Fees, and Bonds of City Officers . 
 
 Section 1. The Mayor shall receive as a compensation for his services, a sala¬ 
 ry of three hundred dollars per annum; together with such other compensation as 
 may be provided by order or resolution of the City Council, for any extraordinary 
 services required of him, or other duty than such as properly belongs to his office of 
 Mayor. 
 
 Sec. 2. The City Clerk, in addition to the fees prescribed in the Charter, shall 
 receive as a compensation for his services, two dollars for attending and keeping 
 record of each regular or special meeting of said Council and making a copy there¬ 
 of for publication, and said fee shall be paid out of the city treasury. For other 
 duties the following fees, to wit: for entering order levying a special tax on each 
 lot or part of lot twenty-five cents ; for advertising in the case of a special tax on 
 each lot or part of lot, including sale thereof in case of sale, twenty-five cents ; 
 for each lot or part of lot deeded, including acknowledgment of deed, seventy-five 
 cents; said fees to be taxed as costs on said lot or lots. For issuing licences fifty 
 cents each, excepting ferry license which shall be one dollar; taking a bond, one 
 dollar; for writing each official bond and certificate of qualification, fifty cents; 
 all of which said fees shall be assessed to and paid by the person desiring said li¬ 
 cense, or for whom said bond is written. He shall also receive such other fees as 
 the City Council may from time to time direct, b)* - ordinance or otherwise ; and said 
 Clerk shall, before entering upon the duties of his office, file with the Mayor a bond 
 in the sum of five thousand dollars. 
 
 Sec. 3. The City Treasurer shall receive as a compensation for his services, 
 one and a half per cent, upon moneys actually paid into the city treasury and paid 
 out, excepting that paid over by a predecessor in office and that paid out to a suc¬ 
 cessor and amounts received upon official bonds, for which a compensation of one 
 half of one per cent, shall be allowed ; and said fees shall be deducted at the time 
 of paying out said moneys when paid out, and when paid over to a successor in 
 office, at the time of such payment over; and said Treasurer shall file with the 
 City Clerk a bond in the sum of forty thousand dollars. 
 
 Sec. 4. The Treasurer of the Board of Education, shall receive as a compensa¬ 
 tion for his services, two per cent, on all moneys by him received and paid out by 
 
salaries. 
 
 135 
 
 order of the Board of Education, and one per cent, on all moneys received from a 
 predecessor or paid over to a successor in office; and said Treasurer shall file with 
 the City Clerk a bond in the sum of forty thousand dollars. 
 
 Sec. 5. The City Supervisor of streets shall receive as a compensation for his 
 services, two dollars and fifty cents per day, for the time actually employed on the 
 streets or the public grounds of said city ; and said Supervisor shall file with the 
 City Clerk a bond in the sum of two hundred dollars. ' 
 
 Sec. 6 . The City Harbor Master shall receive as a compensation for his services, 
 ten per cent, on all moneys by him collected a? wharfage, and fifty per cent, of all 
 tines, forfeitures and penalties by him collected without suit therefor; and in addi¬ 
 tion thereto, ten per cent, on all sales made by virtue of the ordinance relating to 
 the public landing; all said fees to be deducted at the time of paying the same over 
 fo the City Treasurer; and said Harbor Master shall file a bond with the City 
 Clerk in the sum of one thousand dollars. 
 
 Sec. 7. The City Fire Wardens shall receive as a compensation for his services, 
 one dollar and fifty cents per day for the time actually employed, as the City Coun¬ 
 cil shall from time to time direct, by order, resolution or ordinance. 
 
 Sec. 8 . The City Measurer of Lumber, building materials and mechanical 
 work, shall receive the following compensation for his services, to wit: for the in¬ 
 spection and measurement of lumber, twenty-five cents per 1000 feet; for the in¬ 
 spection and measurement of other building materials, thirty cents for one hour or 
 less, including the time occupied in going to the place where the same are deposited, 
 and twenty cents for each succeeding hour; one half of said fees to be paid by each 
 of the contracting parties. 
 
 Sec. 9. The City Marshal shall receive as a compensation for his services, 
 aside from his fees as constable, such fees as are provided by ordinance for the ser¬ 
 vices required, and he shall file a bond with the City Clerk, in the sum of five hun¬ 
 dred dollars. 
 
 Sec. 10. The City Assessor shall receive as a compensation for his services in 
 assessing the property cf said city, the sum of one hundred and twenty-five dollars. 
 
 Sec. 11. The City Weigher shall receive as a compensation for his services, 
 one-half of the fees allowed for weighing; and said Weigher shall file a bond with 
 the City Clerk in the sum of one hundred dollars. 
 
 Sec. 12. The salaries of all officers, not otherwise specially provided for, shall 
 be paid out of the City Treasury, and said payments shall be made quarterly per 
 order of the City Council; and in no case shall said Council grant an order for the 
 full payment of any officer’s salery, if such officer have failed to perform such du¬ 
 ties, and make such reports a3 is required of him by any ordinance, order or reso¬ 
 lution passed by said Council, except such officer render an excuse satisfactory to 
 two-thirds of said Council. 
 
 Sec. 13. No member of the City Council shall be received and approved as se¬ 
 curity for any officer appointed by the City Council; and the salary of no officer 
 shall be increased or lessened during the term for which he was appointed. 
 
 Passed, July 26, 1859. 
 
136 
 
 ORDINANCES. 
 
 CHAPTER XXIV. 
 
 SCHOOLS. 
 
 An Ordinance relating to the Public Schools . 
 
 Rules and Regulations of the Board of Education for the government of the 
 Common Schools of the Ci,ty of Warsaw. 
 
 The special provisions in regard to the Board of Education, the manner in which 
 they shall be chosen, their terms of service, and their powers and duties are con¬ 
 tained in the City Charter, Article 1, pages 52 to 59 inclusive. 
 
 Section 1 . The regular meetings of the Board of Education shall be on the last 
 .Friday of each month, at 7 o’clock, P. M., at the office of the City Clerk. Special 
 meetings may be called by the President or by any two members, by leaving writ¬ 
 ten notice with the Clerk, whose duty it shall be to notify the members of the Board, 
 of the meeting. 
 
 Sec. 2. The order of business at regular meetings shall be as follows : 
 
 First —Reading minutes. 
 
 Second-*- Communications. 
 
 Third —Petitions. 
 
 Fourth —Reports of Standing Committees. 
 
 Fifth —Reports of Special Committees. 
 
 Sixth —Reports of Officers and Treasurer. 
 
 Seventh —Unfinished business, Motions, Resolutions, &c. 
 
 Sec. 3. The rules of order shall be those usually governing deliberative bodies. 
 
 Sec. 4. At the first regular meeting of the Board, in April of each year, the 
 Board shall appoint of their number three committees, as follows : 
 
 First Committee of Finance, consisting of two members. 
 
 Second , Committee of Examination of Teachers and Schools, consisting of the 
 President and two members. 
 
 Third. Committee on School Grounds, Buildings, Furniture and apparatus, con¬ 
 sisting of two members, 
 
 A vacancy in any of the Committees can be filled at any regular meeting of the 
 
 Board. 
 
 Sec. 5. The school year shall commence sixteen weeks before the 25th day of 
 December, and shall consist of forty-two weeks of five days each week, and six 
 hours each day ; the daily morning sessions beginning at 9 o’clock, A. My and from 
 the first of November to the first of February, the afternoon session commencing at 
 1 o’clock, P. M.; and during the remainder of the year, commencing at 1§ o’clock, 
 P. M. 
 
 Sec. 6. The school year shall be divided into three terms, to be called the Fall, 
 the Winter and the Summer terms. 
 
 The Fall term shall consist of sixteen weeks, the Winter term of fourteen weeks, 
 and the Summer term of twelve weeks. 
 
 There shall be a vacation of one week at the close of the Fall and Winter terms, 
 and a vacation of eight weeks at the close of the Summer term. 
 
 Sec. 7. Holidays shall be every Saturday; the Thanksgiving; Christmas to 
 New Year’s day, inclusive ; and the Fourth of July. No school shall be dismissed 
 on any other day, except by special permission of the Board. 
 
 Sec. 8. The Board of Education shall fix the rate of tuition for the High School, 
 Intermediate School and Primary School, when they fmd^itjnecessary to charge 
 
SCHOOLS. 
 
 137 
 
 Tuition, in proportion to the cost of conducting each department, requiring payment 
 to be made the first week of each term; and they shall cause said rate of tuition to 
 be published in the city newspapers at least one week before the commencement of 
 each term. 
 
 Sec. 9. The duties of the President of the Board shall be, to visit and examine 
 all of the Public Schools, personally, once in two weeks during the school year j 
 he shall give attention to the organization of the schools and, in conjunction with 
 the Principal of each department, see that each pupil is placed in the proper grade, 
 and attend the examination at the close of each term. He shall carefully note the 
 modes of government and instruction pursued, and the adaptation of each teacher 
 for the place he or she occupies, and he shall keep a faithful record of all his ex¬ 
 aminations, w 7 hich shall be open for the private inspection of the Board, and when¬ 
 ever he doubts the qualifications, efficiency or fitness of a teacher, he shall report 
 the same to the Board. He shall see that the rules and regulations of this Board are 
 uniformly and faithfully observed in all departments of the schools, that registers 
 are kept and reports are made by the Teachers, with neatness care and uniformity. 
 He shall advise the Teachers on the best methods of instruction and discipline, and 
 in every way aid and stimulate Teachers in the performance of their office and du¬ 
 ties. He shall attend all Teacher’s meetings and be president of the same ex-officio. 
 He shall make a written report of his labors for the year preceding, on the first of 
 April, together with such facts and suggestions relating to the condition of the 
 schools, and the increase of their efficiency and usefulness, as he may deem neces¬ 
 sary for their benefit. 
 
 Sec. 10. There shall be a recess of fifteen minutes for every pupil, each half day 
 including the time occupied in going out and coming in, which shall take place as 
 nearly as may be at the expiration of one-half of each school session. 
 
 Sec. 11. There shall be a public examination of the Intermediate and High 
 School, at the close of the Fall and Winter terms, and the Primary Schools at the 
 close of the Summer term. The examination shall be conducted by the Examining 
 Committee, and in such a manner as to exhibit the true standing of each scholar in 
 the several schools. 
 
 Sec. 12. All bills presented for the action of the Board shall specify items for 
 the amount, and also be receipted before 'an order can be drawn upon the treasury. 
 
 Sec. 13. No Teacher shall receive an order on the treasury, until he or she has de¬ 
 posited a schedule or record of scholars, according to the regulations of the Board. 
 
 Sec. 14. The Public School House shall not be occupied or used for any other 
 purpose than the sessions of the schools. Teachers’ meetings, the holding of Teach¬ 
 ers’ Institutes, and for the examination of the schools and Teachers. 
 
 Sec. 15. No Assistant shall be employed for any school until the average daily 
 attendance shall exceed forty pupils. 
 
 Sec. 16. The books used and the studies pursued in all the Public Schools, shall 
 be such and such only as are or may be authorized by the Board, and the Teachers 
 shall not permit any books, tracts, or other publications to be distributed in their 
 schools. 
 
 Sec. 17. No pupil shall be allowed to retain their connection with any of the 
 Public Schools, unless they are furnished with the books and utensil's regularly re¬ 
 quired to be used in the respective classes. 
 
138 
 
 OR0INAKCES. 
 
 Sec. 18. In cases where children are in danger of being deprived of the advan¬ 
 tages of education; by reason of inability , through the poverty of parents or guar¬ 
 dians, (he President of the Board is authorized to provide books at the expense of 
 the city. 
 
 Sec. J9. No child under five years of age shall be admitted into the Public 
 Schools, nor shall any scholar be transferred from one school to another without 
 the permission of the President of the Board. 
 
 COURSE OF STUDY AND TEXT BOOKS USED IN THE WARSAW 
 
 PUBLIC SCHOOLS. 
 
 The Public Schools are divided into three departments, called the Primary, In¬ 
 termediate, and High School. The Primary and Intermediate Schools are each di¬ 
 vided into three grades, to be designated by the letters A, B and C; and the High 
 School is divided into four grades, to be designated by the letters A, B, C and D. 
 
 No pupil is admitted to advance to a higher grade until he or she is proficient in 
 all the studies of the lower grades. 
 
 PRIMARY SCHOOL. 
 
 Grade C .—Elements of Reading, embracing the Alphabet, Spelling, Vocal Cul¬ 
 ture, Counting and Singing. 
 
 Books. —MeGuffey’s new First Reader, Slates and Cards. The cards to be pro¬ 
 vided by the Board. 
 
 Grade B. —Reading, Spelling, Vocal Culture, Writing on Slates, Singing, Ele¬ 
 mentary sounds of the Language, Arithmetic, (oral) Object lessons. 
 
 Books. —McGuffey’s Second Reader, Slates, Cards and Primary Arithmetic. 
 
 Grade A. —Reading, Spelling and Defining, Vocal Culture, Mental Arithmetic, 
 Primary Geography, Singing, Lessons in the use of the English Language and 
 writing on Slates. 
 
 Books. —McGuffey’s new Third Reader, McGuffey’s Speller, Colburn’s Mental 
 Arithmetic, Monteith’s Primary Geography and Slates. 
 
 Conditions of transfer to the Intermediate Schools. To pass to Grade C of the 
 Intermediate Schools, pupils must be able to read fluently any lessons from the 
 Third Reader, spell orally or by their elementary sounds, any words selected from 
 the spelling tables of the Third Reader, enunciate accurately all the elementary 
 sounds of the language; repeat correctly and readily, the Multiplication and Divis¬ 
 ion tables promiscuously arranged to write and enumerate any number as high as 
 100,000, name the Roman numerals and abreviations, name the different States, 
 with their capitols, principal rivers and mountains, and sustain an examination in 
 Colburn’s mental Arithmetic as far as the sixth section. 
 
 INTERMEDIATE SCHOOLS. 
 
 Grade C. —Reading, Spelling and Defining, Analysis of Words, Declamation, 
 Mental Arithmetic, History of the United States, Geography. 
 
 Books. —McGuffey’s Fourth Reader, Colburn’s Mental Arithmetic, Monteith’s 
 History of the United States, Monteith’s Manual of Geography. 
 
 Grade B. —Reading, Spelling and Defining, Analyis of Words, Declamation, 
 Written Arithmetic, Penmanship, English Grammar and Composition. 
 
 Books. —McGuffey’s Fifth Reader and Speller, Eaton’s Arithmetic, Green’s pri¬ 
 mary Grammar, Payson’s and Dunton’s Writing Books No. 1, 2, and 3. 
 
 Grade A. —Written Arithmetic, Geography, English Grammar, Reading. Spell¬ 
 ing, Penmanship, Composition and Declamation. 
 
SCHOOLS. 
 
 130 
 
 Reading including Spelling, Mental Arithmetic reviewed; Geography reviewed,. 
 History reviewed. 
 
 Books. —Eaton’s Arithmetic, McNally’s quarto Geography, Green’s primary 
 Grammar, McGufFey’s Fifth Reader, Payson’s and Dunton’s No. 4, 5 and 6 Copy 
 Books. 
 
 Conditions of transfer to the High School. —To pass to Grade D of the High 
 School, pupils must be able to read fluently and intelligently any lesson of McGufFey’s 
 Fifth Reader; give rules for emphasis and inflection ; pass an examination in Green’s 
 primary Grammar, Colburn’s mental Arithmetic, Montieth’s History, Eaton’s 
 Arithmetic to Interest, and be able to write a legible hand. 
 
 HIGH SCHOOL. 
 
 Grade D.—Reading, Spelling by Writing, Declamation, Composition, English 
 Grammar, History, Written Arithmetic, Penmanship, Analysis of Language, Phy¬ 
 sical Geography. 
 
 Latin, German and French, if desired by parents and Guardians. 
 
 Books. —McGufFey’s new Sixth Reader, Parker’s Aid to Composition, Green’s 
 English Grammar, Eaton’s Arithmetic, Payson’s and Dunton’s No. 6, 7 and 8 
 Copy Books, Anthon’s Latin Lessons, Wilson’s History of the United States, War¬ 
 ren’s Physical Geography. 
 
 Grade C. —Written Arithmetic reviewed, Algebra, Exercises in parsing, Physi¬ 
 ology, Reading, Composition, Declamation. 
 
 Latin Reader and Caesar’s Greek lessons, German Reader (optional.) 
 
 Books. —Eaton’s or Greenleaf’ National Arithmetic, Milton, Young and Pollock, 
 used in parsing; McGufFey’s new High School Reader, Davies’ First Lessons in 
 Algebra, Cutter’s Physiology, Andrews & Stoddard’s Latin Grammar, Andrews’ 
 Latin Reader, Andrews’ Freund’s Latin Lexicon, Anthon’s Greek Lessons. 
 
 Grade B. —Algebra, Philosophy, Astronomy, Composition, Declamation, Bot¬ 
 any, (optional.) 
 
 Latin, Virgil and Cicero’s Orations. Greek, Anabasis. 
 
 Books. —Robinson’s University Algebra, Well’s Philosophy, Burrett’s Geography 
 of the Heavens, McIntyre’s Astronomy, Well’s Botany, Crosby’s Greek Grammar, 
 Liddell & Scott’s Greek Lexicon. 
 
 Grade A. —Geomefy and Trigenometry, Chemistry, Intellectual Philosophy, 
 Surveying and Anatytical Geometry, Logic, Rhetoric and Geology. 
 
 Books. —Loomis’ Geometry, Trigonometry and Surveying, Youman’s Chemistry, 
 Winslow’s Intellectual Phylosophy, Waland’s Moral Science, Hedge’s Logic, 
 Karnes’ element of Criticism. 
 
 Pupils completing the course of study, shall receive a Diploma. 
 
 Sec. 20. All Teachers employed in the Public Schools shall have received from 
 the Committee on Examination, a certificate of qualifications before entering upon 
 his or her duties, and shall have executed a contract of the following form : 
 
 Agreement between the Board of Education of the City of Warsaw and-, 
 
 Witnesseth : that said-, in consideration of the payment to-herein agreed 
 
 to be made by said Board, hereby agrees to teach in the-Public School, and 
 
 fully to comply with the regulations and requirements of said Board, for the term of 
 
 -months, of four weeks each month, and five days each week, at the rate of 
 
 -dollars per month. The said Board of Education agree that for said servi- 
 
540 
 
 ORDINANCES. 
 
 ces they will allow and pay to the said-the above sum in Orders on the Treas¬ 
 
 urer of the School Fund, at the expiration of each term of said school, subject to 
 the provisions of section 14th, of the 11th article of the City Charter. 
 
 ---- Teacher. 
 
 -Board of Education. 
 
 Sec. 21. All Teachers in the Public Schools of Warsaw, are require l to make 
 themselves familiar with the regulations of the Board of Education, and especially 
 with the portion that relates to their own duties and to the instruction and dicipline 
 of their respective schools, and see that the same are faithfully observed. 
 
 Sec. 22. The Instructors shall punctually observe the time appointed for open¬ 
 ing and dismissing the schools, and during school hours they shall faithfully devote 
 themselves to their public service. In all their intercourse with their pupils, they 
 shall strive to impress on their minds, both by precept and example, the great im¬ 
 portance of continued efforts for improvement in morals, in manners and deport¬ 
 ment as well as in useful learning. 
 
 Sec. 23. All Teachers are required to be present at their respective rooms fif¬ 
 teen minutes before the opening of the school in the morning, and ten minutes be¬ 
 fore the opening in the afternoon. 
 
 Sec. 24. The Principal of each school shall keep a register in which shall be 
 recorded the names, date of admission, daily attendance, tardiness and absence of 
 each pupil; and every Teacher shall keep a register which shall designate the 
 studies pursued; also, such other record of the progress, standing and conduct of 
 pupils, that shall indicate the true position of each scholar in his or her school. 
 
 Sec. 25. It shall be the duty of all the Teachers of the Public Schools, to meet 
 on the second Saturday of each month, or at such times as the President may direct, 
 at the Public School Building, for the purpose of discussing methods of teaching 
 and exercises in the branches taught in their respective schools, with a view of ac¬ 
 complishing better and more uniform methods of instruction, and in hearing reports 
 and essays on educational topics. They shall appoint a Secretary at the first meet¬ 
 ing after commencement of each term, who shall keep a record of their proceed¬ 
 ings for the inspection of the Board, fiach and every teacher neglecting to com¬ 
 ply with this regulation without a reasonable excuse, to be determined by the 
 Board of Education, shall forfeit out of their salary, the sum of one dollar for each 
 time they shall be absent. 
 
 Sec. 26. Teachers shall endeavor, So far as practicable, to adopt the same gene¬ 
 ral methods of instruction agreed upon as the resuLt of mutual conference at their 
 meetings, so that pupils or classes passing from one grade to another, will not be 
 subjected to a different method while pursuing the same branch of study. 
 
 Sec. 27. It shall be the duty of all Instructors to give vigilant attention to the 
 ventilation and temperature of their schoolrooms. A regular system of ventilation 
 shall be practiced as well in winter as in the summer, by which the air in the rooms 
 shall be effectually changed at each recess, and at the end of each school session, 
 before the house shall be closed. 
 
 Sec. 28. The Instructors shall not award medals or other prizes to pupils und er 
 their charge. 
 
 Sec. 29. All Teachers in the Public Schools may be re-examined whenever the 
 Board requires it. 
 
 Sec. 30. No child who comes to school, without proper attention having been 
 given to the cleanliness of his person and dress, or whose clothes are not properly 
 
CITY SEAL. 
 
 141 
 
 repaired, shall be permitted to remain in school, but shall be sent home to be pre¬ 
 pared for school in a proper manner. 
 
 Sec. 31. Any pupil who shall in any way cut, or otherwise injure any part of 
 any Public School House or School Furniture, or shall injure any fence, tree, 
 shrubbery or outbuildings belonging to any of the Public School grounds, or shall 
 write any profane or obscene language on any of the Public School premises, shall 
 be liable to suspension, expulsion, or other punishment, and he shall not be allow¬ 
 ed to remain in the schools until full reparation has been made, for the damage 
 done to the premises. 
 
 Sec. 32. The Rules and Regulations of the Board may be changed or amended 
 by resolution adopted at any regular meeting, upon notice being given at a previous 
 meeting. 
 
 Passed, July 26, 1869. 
 
 CHAPTER XXV. 
 
 SEAL. 
 
 An Ordinance in relation to the City SeaU 
 Section 1. The Seal of the City of Warsaw shall be in a circular shape, one 
 and seven-eighths inches in diameter, with the words u SEAL OF THE CITY 
 OF WARSAW, ILLINOIS,” on the outer verge,—the word “Illinois” being on 
 the bottom of the Seal, with a raised star before and following it,—-this inscription 
 inclosed by a raised dotted border forming a ring—the center of the Seal having the 
 representation of a steamboat in the water. 
 
 Passed, July 26, 1859. 
 
 FERRY. 
 
 An Ordinance concerning the Warsaw and Alexand,ia Ferry. 
 
 Be it Ordained by the City Council of the City of Warsaw, that Wm. English 
 or his assigns be required to pay to the City of Warsaw the sum of forty dollars 
 per annum from the first day of May next, as a License for the privilege of run¬ 
 ning his Ferry from Warsaw to Alexandria in Missouri, and upon payment of the 
 same in advance, into the treasury, the Clerk shall issue a License for the same. 
 
 Passed, February 2nd, 1850. 
 
 W. H. Tayloh, Clerk. 
 
 W. C. WAGLEY, Mayor. 
 
ORDINANCES. 
 
 U2 
 
 CHAPTER XXVI. 
 
 SIDEWALKS. 
 
 An Ordinance in relation to Sidewalks. 
 
 Section 1 . All sidewalks shall be built of good hard paving brick laid in 
 u herring bone JJ manner, upon a bedding of sand not less than four inches in depth y 
 or with good stone flagging dressed to an even edge and closely laid together, and 
 evenly dressed upon the upper surface, and well embedded in sand, or with good 
 sound white or bur-oak or pine plank, not less than two inches in thickness, laid 
 crosswise with the sidewalk, (unless otherwise specially directed in the order,) and 
 firmly set upon and well spiked to suitable bearings or stringers of not less than 
 three by four inch white or bur-oak scantling, so let into the earth or filled in be¬ 
 tween as to form an even grade; and all sidewalks shall be laid with a slope to¬ 
 ward the curb of one third of an inch to the foot. When built to the full width, a 
 good and substantial stone curbing let into the earth at least twelve inches below 
 the grade of the gutter, or a curbing of good three inch white or bur-oak plank, 
 well tied and spiked to substantial posts placed on the inside thereof, shall be laid 
 on the outside of the sidewalk. Suitable wagon crossings of at least seven feet in 
 width, and extending across the sidewalk, shall be constructed when necessary. 
 
 Sec. 2. The City Supervisor shall superintend the construction of all side¬ 
 walks, and shall require them to be built of the materials and in the manner herein 
 prescribed; and if any sidewalk shall not be so constructed and laid, he may re¬ 
 quire that it be properly relaid in compliance herewith ; and if the person whose 
 duty it is to do the same shall neglect or refuse to comply with his order, he may 
 cause such sidewalk to be properly relaid without delay, and shall report the costs 
 thereof to the City Council for allowance, and assessment and collect as in other 
 cases; or he may report such sidewalk to the City Council in the same manner as 
 if it had not been laid. 
 
 Sec. 3. The City Council may, by the passage of an order to be entered upon 
 the journals by the City Clerk, require the sidewalks in front of or adjoining any 
 premises (describing the same,) along any street or part of street, to be laid, relaid 
 or widened, to such width, and with such materials, and within such time, as may 
 be designated in the order. Unless a different width shall be specified in the order, 
 they shall be laid to the full width. The order may be substantially as follows, to 
 wit: 
 
 <( Ordered that a (brick or plank, as the case may be) sidewalk, (or sidewalks) 
 
 -- feet wide, be, by the-day of -next (or instant,) constructed 
 
 and laid in conformity with the ordinance in relation to sidewalks, to (the estab¬ 
 lished or temporary) grade, on the --side of-street, in front of (or ad¬ 
 
 joining) the following described premises, to wit: ” 
 
 Sec. 4. The City Clerk shall, without delay, after the passage of any order for 
 sidewalks, give notice thereof by publishing for three days at least, an advertise¬ 
 ment in any newspaper published in the city, stating in such advertisement 
 the side of the street on which, and describing*the premises in front of or 
 adjoining which such sidewalks are required to be laid, the day on or before which 
 
SIDEWALKS. 
 
 148 
 
 they are to be built, and the width, when less than the full width, and materials 
 thereof. The notice may be substantially as follows, to wit: 
 
 (t SIDEWALK NOTICE. 
 
 City Clerk’s Office, > 
 
 Warsaw,-18— \ 
 
 Notice is hereby given that the City Council of the city of Warsaw has ordered 
 
 a (brick or plank as the case may be) sidewalk, (or sidewalks)-feet wide 
 
 to be constructed and laid to (the established or temporary) grade, on the -- 
 
 side of --street, by the-day of -next, (or instant,) in front of or 
 
 adjoining the following desciibed premises, to wit: 
 
 u Now, unless the same shall be built within the time and in the manner above 
 mentioned, and as required by the ordinance in relation to sidewalks, the City Su¬ 
 pervisor will cause such sidewalks to be built, and the costs and expenses thereof 
 will be assessed against the persons or premises chargeable therewith. 
 
 -, City Clerk.” 
 
 If other sidewalks have been ordered they may also be embraced in the same 
 notice. 
 
 Sec. 5. The City Clerk, shall also, without delay, after the passage of any or¬ 
 der for sidewalks, cause a copy thereof to be delivered to the City Supervisor, who, 
 upon receipt of the same, shall, without delay, notify any known owner of each 
 separate lot or premises, or his agent, or any other person whose duty it is by any 
 lease, contract, or otherwise, to build such sidewalk; or if no owner or his agent 
 or other person liable therefor, can be found in the city, any occupant of the 
 premises, by delivering to him, (or each of them in his discretion,) or leaving at 
 his usual abode or place of business, with some clerk, partner, or member of the 
 house or household, above the age of ten years, a notice describing the premises in 
 front of or adjoining which the sidewalk is ordered, and stating the grade, width, 
 and materials thereof, and the day by which it is required to be laid; and if he 
 shall neglect to notify any known owner, or his agent, or occupant or other person 
 whose duty it is to build such sidewalk, as is herein required, he shall be subject to 
 a penalty of five dollars in each case. The notice may be written or printed or 
 partly both, and may be substantially as follows, to wit: 
 
 <c City Supervisor’s Office, ) 
 
 Warsaw,-, 18— $ 
 
 «To Mr. -, 
 
 “ You are hereby notified, that the City Council of the city of Warsaw has or¬ 
 dered a (brick or plank) sidewalk, —— feet in width, to be laid to (the establish¬ 
 ed or temporary) grade, along the front (or-side) of lot No.- 
 
 block No.-, (of the original town or of any addition thereto as the case 
 
 may be,) in conformity with the ordinance in relation to sidewalks. 
 
 “Now, unless such sidewalk shall be constructed and laid in the manner required 
 
 by ordinance, by the-day of -next (or instant,) (the day to be thirty days 
 
 at least from the delivery of the note,) the undersigned will cause the same to be 
 constructed and laid, and will report the costs and expenses thereof to the City 
 Council for allowance and assessment against the persons or premises chargeable 
 therewith. 
 
 •, City Supervisor. ” 
 
144 
 
 ORDINANCES 
 
 Sec. 6. If the owner of any lot or premises, or his agent, or any person whose 
 duty it is to build such sidewalk, is not a resident of the city, the Supervisor shall 
 send such notice to him by mail, direct to him at the post office at which he usually 
 receives his letters, if known ; but the notice published by the City Clerk in the 
 newspaper, as provided by section fourth of this ordinance, shall be deemed a suffi¬ 
 cient notice to all persons whether resident or non-resident. 
 
 Sec. 7. All sidewalks shall be built by the owner of tire adjoining premises, or 
 by any other person who may be liable to build the same by any contract or agree¬ 
 ment with the owner or otherwise, within the time specified by the order of the 
 City Council; or if no time be specified in the order, within thirty days after the 
 giving of notice by the Supervisor as is herein required; but if no owner or other 
 person liable therefor can be found by the Supervisor, they shall be built within the 
 time specified in the notice published by the City Clerk in the newspaper as here¬ 
 inbefore provided, which time shall be at least Jthirty days after the last publication 
 thereof. 
 
 Sec. 8 . If at the expiration of the time of notice, any sidewalk shall not be 
 built, the City Supervisor shall, without delay, report the same to the City Council 
 in writing; or if any sidewalk which may be laid, shall not be constructed and laid 
 in compliance herewith to his satisfaction, he may report the same iu like manner. 
 His report shall contain a list and description of each delinquent lot or premises, 
 and shall state opposite thereto the name of each owner or his agent, or the occu¬ 
 pant, or other person liable, upon whom he has served notice, and the date and man¬ 
 ner of service. If any owner is unknown and cannot be found, he shall state owner 
 
 unknown” or <c cannot be found” as the case may be. He shall obtain and file 
 with his report, a copy of the sidewalk notice published by the City Clerk, with 
 the proper certificate of the printer of its due publication attached; and his report 
 shall not be received or approved by the City Council unless made as is herein re¬ 
 quired. 
 
 Sec. 9. The City Council may at any time after the approval of the report of 
 the Supervisor, pass an order requiring him, without delay, to cause the sidewalks 
 to be constructed in front of or adjoining the premises mentioned in his report, and- 
 to report the costs and expenses thereof for assessment against the premises charge¬ 
 able therewith. The order may be substantially as follows, to wit: 
 
 £< Whereas the sidewalks fronting or adjoining the following described lots and 
 premises, to w r it: 
 
 Name of owner. 
 
 DESCRIPTION. 
 
 
 Lot. 
 
 Block. 
 
 Addition. 
 
 
 
 
 
 
 Have not been constructed and laid in pursuance of an order passed-, 18— 
 
 after due notice to the owners thereof (or their agents or the occupants of the prem¬ 
 ises or other persons liable therefor, (as appears from the return of the City Super¬ 
 visor ; it is therefore ordered by the City Council, that the City Supervisor cause 
 the same to he constructed and laid forthwith in conformity With the original order. 
 
SIDEWALKS. 
 
 145 
 
 and report the costs and expenses thereof for allowance and assessment against the 
 premises or persons chargeable therewith.” 
 
 Sec. 10. The Supervisor shall keep an accurate account of the cost of each 
 sidewalk built in front of or adjoining each separate lot or premises under his su¬ 
 pervision by order of the City Council, and he shall, as soon as the same may be 
 completed, report such costs to the City Council, with the description of the lot 
 or premises, and the name of the owner thereof, if known. His report may be 
 substantially as follows, to wit: 
 
 Warsaw, -, 185—. 
 
 To the City Council of the City of Warsaw : 
 
 In compliance with an order of the City Council, passed — 185—, the un¬ 
 dersigned has caused a sidewalk (or sidewalks) to be constructed or laid fronting 
 (or adjoining) the following described premises, at the costs and expenses set op¬ 
 posite to each, to wit: 
 
 Name of owner. 
 
 DESCRIPTION. 
 
 Costs, 
 
 
 Lot 
 
 Block. 
 
 Addition. 
 
 
 
 
 
 
 
 
 If sidewalks shall be built in front of or adjoining^several contiguous lots or 
 premises, and the exact cost of each cannot be ascertained, he shall apportion the 
 costs equitably, as near as may be, to each lot or premises. 
 
 Sec. 11. When any costs and expenses necessarily made and expended in the 
 construction of any sidewalk in front of or adjoining any delinquent premises, 
 shall be reported by the City Supervisor to the City Council and examined and ap¬ 
 proved by them, the same may at any time thereafter be collected of the owner of 
 such lot or premises, or other person liable therefor, and recovered by suit in the 
 name of the city before any court having jurisdiction, and the City Council may also 
 at any time thereafter, by the passage of an order to be entered upon the Record 
 by the City Clerk, levy and assess such costs and expenses against the premises 
 chargeable therewith, and direct that the same shall be entered on the assessment 
 list for the current year, (if the same be levied prior to or on the tenth day of 
 August in such year,) but in case the same be levied after the tenth day of Au¬ 
 gust, then that the same shall be entered on the assessment list for the next cur-* 
 rent year. Said amount of costs and expenses to be entered by the City Clerk in a 
 separate column in the assessment list opposite such property, and to be collected 
 at the same time and in the same manner in all respects as other taxes in said as¬ 
 sessment list are collected. The order to be entered on the Record shall contain a 
 correct list and description of the lots and premises, with the name of the owner 
 thereof, if known, and with the amount assessed against each set opposite thereto, 
 and may be substantially as follows, to-wit; 
 
 <r * by C^y Council of the City of Warsaw, that the several sums set 
 
 10 
 
146 
 
 ORDINANCES, 
 
 opposite to the following described lots, (parts of lots, real estate, or premises, as 
 the case may be,) respectively, to-wit: 
 
 Name of owner. 
 
 DESCRIPTION. 
 
 Costs. 
 
 Lot. 
 
 j Block. 
 
 | Addition. 
 
 
 ( 
 
 i 
 
 
 
 Being the costs and expenses approved by the City Council for constructing and 
 laying sidewalks m front of or adjoining said lots or premises by the City Super¬ 
 visor, in pursuance of an order passed —-- 185—, after failure of the owners 
 
 thereof, or other persons liable therefor, to do the same after due notice, be and 
 the same are hereby respectively levied and assessed against each of the said lots, 
 (parts of lots or premises,) and that the same be entered on the asssssment list for 
 the current year 18— opposite said property'-, to be collected as other taxes in said 
 assessment.” 
 
 The City Clerk shall, as soon as practicable, after the passage of the order of 
 assessment, set down in a separate column on the assessment list for the current 
 year, the amount assessed to each lot or part of lot, opposite to the same, in ac¬ 
 cordance with said order, in case said order of assessment be passed prior to the 
 tenth day of August of such year; but in case said order of assessment be passed 
 after the tenth day of August of such year, then the same shall be entered on the 
 assessment list for the next current year. 
 
 Sec. 12. When any sidewalk, or sidewalk curbing in front of or adjoining any 
 premises, shall be broken and need repairs, or require to be wholly relaid, the Su¬ 
 pervisor shall, without delay, cause a printed or written, or partly printed and partly 
 written, or verbal notice to be served upon any known owner of the premises, or 
 his agent, or any other person who may be liable to repair or relay such sidewalk, 
 or upon both, in his discretion, stating the nature and extent of the repairs neces¬ 
 sary, and requiring them to be made within six days after notification, unless it 
 shall be necessary wholly to relay the sidewalk, in which case, not less than ten, 
 nor exceeding thirty days shall be specified in the notice. But if no known owner 
 of the premises, or his agent, or occupant, or other person liable therefor can be 
 found within the city, or if the costs of such repairs or relaying will not exceed 
 five dollars, or if the sidewalk or the curbing thereof is in such a condition as to 
 be unsafe or dangerous, the Supervisor shall cause the same to be repaired or re- 
 laid without notice, and may collect the costs and expenses thereof of the owner of 
 the premises chargeable therewith, or any othei person liable therefor, or may re¬ 
 port the same to the City Council for allowance and assessment against the prem¬ 
 ises chargeable therewith. 
 
 Sec. 13. The City Supervisor, when any sidewalk or sidewalk curbing may not 
 be repaired or relaid in compliance with his notification, shall, without delay, cause 
 the same to be done, and shall collect the costs and expenses thereof of the owner 
 of the premises chargeable therewith, or of any other person who may be liable 
 therefor; and in all cases where such owners or other persons liable therefor, shall 
 not pay such costs and expenses, the Supervisor shall report the same upon oath to 
 the City Council with the description of the premises to which the same are charge¬ 
 able, and with the name of the owner thereof, if known, and the time and manner 
 
STREETS AND ALLEYS. 
 
 147 
 
 of notice, where notice is required to be given ; and upon the examination and ap¬ 
 proval of his report by the City Council, the amount so necessarily expended in re¬ 
 pairing or relaying such sidewalk or curbing may be levied and assessed against the 
 premises chargeable therewith, and collected in he same manner as is herein prescri¬ 
 bed in the case of other sidewalk assessments; or such costs and expenses may at 
 any time be collected of the owner of such premises, or other person liable there¬ 
 for, and recovered by suit in the name of the city before any court having jurisdic¬ 
 tion. 
 
 Sec. 14. The grades of sidewalks shall be established by the City Council; but 
 the City Engineer may give a temporary grade where no permanent grade is es¬ 
 tablished, and he shall, when requested by any person desiring to build any side¬ 
 walk, stake out the grade therefor. 
 
 Sec. 15. Whoever shall build or cause to be built, or assist in building any 
 sidewalk contrary to any grade established by the City Council, or in a different 
 manner than is herein required, or shall, where no permanent grade is established, 
 build, or cause to be built, or assist in building any sidewalk without first obtain¬ 
 ing a temporary grade therefor from the City Engineer, or shall build or cause to 
 be built, or assist in building such sidewalk, contrary to the grade which may be 
 given by the City Engineer, shall, in each case, be subject to a penalty of not less 
 than three dollars, and to an additional penalty of not less than one dollar for each 
 day he shall not remedy or rebuild such sidewalk, when required by the City Su¬ 
 pervisor, and shall likewise be liable for all damages arising from the bad condition 
 of the same. 
 
 Sec. 16. If any owner of any premises, or any occupant or lessee thereof, 
 whose duty it is, by any contract or otherwise, to do the same, shall neglect or re¬ 
 fuse to repair, relay or build any sidewalk or sidewalk curbing, in front of or ad¬ 
 joining his premises, after due notice to do the same, as is herein required, he shall 
 be subject to a penalty of not less than one dollar for each day he shall not comply 
 with such notice, and shall also be liable for all damages arising from the bad con¬ 
 dition of such sidewalk. 
 
 Passed July 26th, 1859. 
 
 CHAPTER XXVII. 
 
 STREETS AND ALLEYS. 
 
 An Ordinance providing for the Improvement of the Streets and Alleys of the City. 
 
 Section 1. All grading of the public streets and alleys of the city shall be 
 done at the general expense of the city, and paid for out of the general fund. But 
 when the City Council shall deem it necessary to pave or macadamize any street or 
 part of any street, the same shall be referred to the committee on streets and alleys, 
 or other appropriate committee, w r ho shall examine into such proposed improve¬ 
 ment, and make an accurate estimate of the probable cost thereof, and report the 
 same to the City Council, with an ordinance designating the street or part of street 
 to be improved, and specifying the plans and manner of such improvement. 
 
 Sec. 2. When the City Council shall provide by ordinance, for the improve- 
 
148 
 
 ORDINANCES. 
 
 raent of any street or part of any street, and the same shall be paved or macadam¬ 
 ized, one half of the costs of such improvement shall be chargeable to and taxed 
 against the real estate fronting upon or adjoining such street or part of street so im¬ 
 proved, according to the assessed valuation thereof; and the remaining half of 
 such costs shall be paid for by general taxation and appropriated from the general 
 fund ; and to defray one-half of such costs, a special tax not exceeding five mills 
 to the dollar per annum, shall be annually levied and assessed upon all the real es¬ 
 tate fronting upon or adjoining such street or part of street so improved, according 
 to the assessed valuation thereof, and collected in the same manner as general city 
 taxes, and exclusively expended in making such improvement until the same shall 
 be completed and paid for, or until the debt with the interest thereon which may be 
 incurred therefor shall be fully paid. And the City Council shall provide for the 
 payment of the remaining half of the costs of such improvement, or of any debt and 
 interest incurred therefor, and shall appropriate from the general fund of the city 
 such a sum as may be necessary to pay one-half of such costs, or of any debt, or 
 installment of debt, and interest failing due, which may be incurred for making 
 any such improvement. 
 
 Sec. 3. The Mayor, when authorized by ordinance, may, with the concurrence 
 of the committee on streets and alleys, borrow money upon the credit of the city, 
 to such amount as may be necessary to defray the costs of the making or complet¬ 
 ing any such street improvement ordered by the City Council, and issue, sell, or 
 dispose of the bonds of the city therefor to the best advantage. Such bonds shall 
 be designated u Street Improvement Bonds,” and shall be dated the day of the is¬ 
 suing or delivery thereof, and signed by the Mayor and City Clerk, under the cor¬ 
 porate seal, and shall be payable either in gross or by instalments, in not less than 
 three, and not exceeding ten years, and bear interest at not exceeding the rate au¬ 
 thorized by the city charter, payable as may be agreed upon, not oftener than semi¬ 
 annually, and the principal and interest shall be payable at such place within the 
 United States to be named in the bond, as may be agreed upon, and coupons for the 
 interest shall be attached. 
 
 Sec. 4. The principal and interest which may become due upon such bonds shall 
 be payable from the special tax and appropriation herein provided for, and the pro¬ 
 ceeds arising from the sale or disposition of such bonds shall be paid into the city 
 treasury to the credit of the street improvement for which the bonds were issued, 
 and shall be exclusively expended and applied towards the making or completing 
 of such improvement. 
 
 Sec. 5. The City Clerk shall annually enter into the appropriate column the 
 assessment list for each current year, the tax of five mills to the dollar, herein pro¬ 
 vided for, upon the assessed valuation of all the real estate fronting upon or adjoin¬ 
 ing any street or part of street which may be improved in accordance with the pro¬ 
 visions hereof, or such per centage thereof as may be necessary to meet the pay¬ 
 ment of one-half of any instalment of principal and interest for that year, and such 
 tax shall be collected by the Collector in the same manner in all respects as general 
 taxes, and paid into the city treasury to the credit of such street improvement, and 
 the Treasurer shall keep a separate account thereof. 
 
 Sec. 6 . The City Engineer or other officer having charge of any public work 
 
 shall, from time to time, when required, report the cost and progress thereof and 
 shall, without delay, after the completion of any public work or improvement, re- 
 
 :crt the total r vu thereof 1 to the City Council. 
 
STREET TAXES. 
 
 149 
 
 Sec. ?. The City Clerk shall open and keep a separate account with each street 
 or part of street which may be improved in accordance with the provisions hereof, 
 and shall charge the same with all expenditures made, and credit it with all reve¬ 
 nues or moneys received on account thereof. 
 
 Sec. 8. All repairs which may become necessary to any street or part of street 
 which may be paved or macadamized under the provisions hereof, shall be made at 
 the expense of the real estate fronting upon or adjoining the street or part of street, 
 so improved, and such costs and expenses shall be levied and assessed against, and 
 collected of the real estate fronting upon or adjoining such street or part of street 
 so improved and repaired, according to the assessed valuation thereof in the same 
 manner as is herein prescribed for the making of such improvement. 
 
 Sec. 9. When the City Council shall order the paving or macadamizing of any 
 public alley, such improvement shall be made at the cost of the owners of the real 
 estate fronting upon or adjoining such alley, according to the number of feet owned 
 by them fronting or adjoining thereon ; and notice of the order of the City Council 
 to make such improvement shall be given by the City Supervisor to each known 
 owner of any lot or real estate fronting upon or adjoining such alley, or his agent, 
 and upon the failure or neglect of such owner to comply with such notice, such 
 failure or neglect shall be reported to the City Council by the City Supervisor, and 
 the City Council may order such improvement to be made by the City Supervisor, 
 and the costs and expenses thereof reported by him to the City Council, and the 
 costs and expenses so reasonably and necessarily expended in the making of such 
 improvement shall be levied and assessed against and collected of the real estate 
 chargeable therewith, fronting upon or adjoining such alley, in the same manner in 
 all respects as is presciibed for the assessment and collection of sidewalk assess¬ 
 ments ; and all proceedings for the improving of any alley under the provisions of 
 this section, shall be the same, as near as maybe, as is prescribed for the construc¬ 
 tion of sidewalks, in the ordinance in relation to sidewalks. 
 
 Passed, July 26, 1859. 
 
 CHAPTER XXVIII. 
 
 STREET TAXES. 
 
 An Ordinance in relation to Street Taxes. 
 
 Section 1. Al) male residents of the city over the age of twenty-one yeai'9, 
 and under the age of fifty years, (not members of the City Council or registered 
 firemen,) shall labor not exceeding three days in each year upon the streets and 
 alleys of the city, in the wards in which they may respectively reside, or pay, in 
 lieu thereof, three dollars to the City Treasurer, on or before the first day of July, 
 annually.* 
 
 * A power in a municipal charter to require all male inhabitants of the city to la¬ 
 bor on the streets, alleys, and highways of the city, or to pay a tax in lieu thereof, 
 is constitutional.—Alton vs. Sawyer, 3 Scam. 127. 
 
150 
 
 ORDINANCES. 
 
 Sec. 2. The City Supervisor shall, at least twenty days before the first day of 
 July in each year, by publishing an advertisement, for ten days, in all newspapers 
 printed in the city, and also by posting up printed handbills in at least five of the 
 most public places of each ward, cause notice to be given to all male residents of 
 each ward, subject to perform street labor, requiring them to appear at the time 
 and place designated in the notice, for the purpose of laboring upon the streets and 
 alleys of their respective wards, or to pay three dollars into the city treasury in lieu 
 of such labor, on or before the first day of July thereafter. The day or days spe¬ 
 cified in the notice during which persons subject to labor are required to appear for 
 the purpose of laboring, shall be at least ten days prior to the first day of July. 
 The notice may be substantially as follows, to wit: 
 
 “notice to street tax payers. 
 
 City Supervisor’s Office, ) 
 Warsaw, --, 18— $ 
 
 “ All male residents of the city over twenty-one and under fifty years of age, 
 
 subject to perform street labor, and residing in the-ward, are hereby notified 
 
 and required to appear at (the Mayor’s office or such other place as may be desig¬ 
 nated,) at seven o’clock, A. M., on —-the-day of-, (or between 
 
 the-— and-days of-) instant, or next, with the necessary imple¬ 
 
 ments for the purpose of laboring upon the streets and alleys of the city in their 
 ward, under the direction of the undersigned ; or to pay, in lieu of such labor, three 
 dollars into the city treasury, on or before the first day of July next. And if the 
 street labor shall not be performed, or three dollars paid in lieu thereof, as is herein 
 required, three dollars will be charged and collected by the Collector. 
 
 A. B., City Supervisor.” 
 
 Notification to the residents of two or more wards, or of all the wards, may be 
 given an d embraced in the same notice ; and if the Supervisor shall neglect to give 
 notice as is herein required, he shall be liable to the city for all loss that may occur 
 from such neglect. 
 
 Sec. 3. The City Supervisor shall attend at the time and place mentioned in his 
 notice, and shall direct and supervise such persons as may appear for the purpose 
 of performing street labor in their respective wards ; and to all such as shall dili¬ 
 gently labor upon the streets or alleys, under his direction or supervision, for three 
 days, he shall give his receipt, stating the fact. He shall not receipt for or receive 
 any money in lieu of labor, from any person, nor shall he transfer hi3 duties as 
 Supervisor to any other person. 
 
 _ Sec. 4. He shall, on or before the tenth day of July in each year, make out and 
 return to the City Clerk an alphabetical list of all persons who have labored for 
 three days upon the streets and alleys, with the number of the wards in which such 
 persons reside, designated with the proper figure opposite to their respective names, 
 and with his certificate attached in the following form, to wit: “ The undersigned. 
 City Supervisor of the city of Warsaw, hereby certifies, that the persons whose 
 names appear on the foregoing list have diligently labored for three days upon the 
 streets and alleys of their respective wards, under my supervision, and that I have 
 not receipted for or received any money in lieu of labor, nor transferred my duties 
 to any other person. , 
 
 A. B.j City Supervisor. 
 
STREET TAXES. 
 
 151 
 
 Sec. 5. The City Clerk shall, by the first Monday of August in each year, un¬ 
 icss further time shall be given, make out and return to the City Council, an alpha¬ 
 betical list of all persons whose names appear upon the-poll books of the last gen¬ 
 eral city election, with the ward in which each resides, designated with the proper 
 figure or number thereof set opposite to his name, omitting such persons as have 
 performed street labor or paid the tax in lieu thereof, and adding the names of such 
 persons chargeable with street taxes as he may be able to ascertain, and shall charge 
 three dollars to each person upon such list. He shall also examine the delinquent 
 street tax lists for any prior year, or years, and shall enter and charge any street 
 taxes due for any such prior year which he may deem collectable, noting the year 
 for which the same is due. 
 
 Sec. 6. The City Council, when the street tax list shall be returned by the 
 City Clerk, shall examine the same, and may direct to be added thereto, the names 
 of such persons as they may ascertain to be liable for street taxes, or direct the 
 names of such persons as are not liable, to be erased from the list; and upon the 
 approval thereof, shall, by the passage of an order, direct a warrant to be issued 
 for the collection of the street taxes therein charged. 
 
 Sec. 7. The City Clerk shall, without delay, after the passage of the order, 
 make out a warrant for the collection of the street taxes, signed by himself and the 
 Mayor, under the corporate seal, returnable within ninety days from the date 
 thereof, and shall attach the same to the street tax list, and deliver them to the Col¬ 
 lector, taking duplicate receipts from him, for the amount thereof, one of which 
 shall be filed with the Treasurer, and they shall each charge the Collector with the 
 full amount thereof. The warrant may he substantially as follows, to wit: 
 
 State of Illinois, } 
 
 City of Warsaw, $ ‘ 
 
 The People of the State of Illinois to the City Collector of the City of Warsaw, 
 
 Greeting: 
 
 Whereas, the several persons whose names appear upon the attached list, have 
 failed to appear and labor upon the streets and alleys of the city, in their respective 
 wards, or to pay three dollars in lieu thereof, after being duly notified thereof, as 
 required by law. Now, therefore, you are hereby commanded to make, levy and 
 collect, of the goods and chattels of the persons above named, the sum of money 
 set opposite to the name of each, as his street taxes, due for the municipal year 18— 
 and make due return in what manner you shall execute this warrant, within ninety 
 days from the date hereof. 
 
 Witness, A. B., Mayor of the city of Warsaw, and 
 
 [L. S.] the corporate Seal thereof, this-day of —-- 
 
 A. £)., 18—. 
 
 A. B., Mayor. 
 
 C. D., City Clerk. 
 
 Sec. 8. The Collector shall collect the street taxes due, with his commission of 
 rive per cent, upon the amount thereof, for collecting the same added thereto, in 
 the same manner, and with the same powers as taxes due upon personal property 
 are collected. He shall add to the list the names of such persons as he may ascei- 
 tain to be liable for street taxes for the current, or any former year, and may col¬ 
 lect the street taxes due from such persons, in the same manner as if they had been 
 originally listed by the City Clerk. Upon the receipt of street taxes, he shall mark 
 
152 
 
 ORDINANCES. 
 
 the word fc paid” opposite to the name of the person pay ingthe same, and shall give 
 him a receipt therefor, stating the ward, and the year for which it is paid. He shall 
 also note upon his list, the names of all persons he may be unable to find, and the 
 names of all persons not subject to street taxes, with the reason of such exemp¬ 
 tion ; and upon the approval of his return by the City Council, he shall be credited 
 with such portion of the list as may be uncollectable. His return shall be made 
 upon oath that it is “ true to the best of his knowledge and belief,” and may be 
 substantially as follow's, to wit: 
 
 City Collector’s Office, / 
 Warsaw,-, 18— $ 
 
 To the City Council of the City of Warsaw: the undersigned, City Collector of 
 the City of Warsaw, makes return of the foregoing warrant, that he has collected 
 the several amounts of street taxes of the several persons charged therewith, in the 
 list annexed thereto, opposite to whose names the word “paid” is written ; that 
 he has made demand of all the other persons whose names appear upon said list, 
 so far as he has been able after diligent search to find them; that he has entered 
 upon such list the names of all persons liable for street taxes, so far as he has been 
 able with diligence to ascertain the same: that he has not received any money for 
 street taxes due, of any person not entered on such list, and marked paid: that he 
 has been unable to find the persons marked “not found” opposite to their respec¬ 
 tive names : that the persons noted in the list are to the best of his belief not subject 
 to street taxes, for the reasons specified opposite to their respective names ; and 
 that he has not been able to collect the street taxes due from the persons liable 
 therefor, not marked paid on the list, or to find any personal property belonging to 
 them, or either of them, out Of which such taxes could be made. He therefore re¬ 
 turns the said warrant, unsatisfied as to all street taxes due, and not marked paid on 
 the list annexed thereto. 
 
 -, City Collector. 
 
 Sec. 9. Street taxes due may also be collected of the person liable therefor, at 
 any time before or after the return of the warrant, by suit in the name of the city 
 before any court having jurisdiction; and the City Council may order suit to be 
 brought against all persons for the collection of delinquent street taxes, or such 
 part thereof as may be collectable. 
 
 Passed, July 26, 1859. 
 
 CHAPTER XXIX. 
 
 TRANSIENT TRADERS. 
 
 Jn Ordinance Regulating and Licensing Transient Traders. 
 
 Section 1. No transient trader shall within the city, sell or barter by retail, or 
 shall offer or expose for sale or baiter by retail, either by sample or other speci¬ 
 men, or by list, catalogue or otherwise, any goods, wares, or merchandise, not be¬ 
 ing agricultural products, or articles manufactured within this State, whether such 
 trader be the maker or manufacturer thereof or not, without a license therefor, 
 'under a penalty of not less than fifty dollars in each case. 
 
PRISON, 
 
 153 
 
 Sec. 2. For a license to a transient trader to sell goods, wares and merchandise 
 Vnderthe provisions hereof, <here shall be taxed and collected two per cent, upon 
 the value of the goods, wares and merchandise owned by, or in the possession of 
 such person, as his stock in trade. Such value to be stated in his application for a 
 license, and ascertained and verified by the oatft of the applicant; and if the Mayor 
 and Clerk shall not be satisfied with such valuation, they may appoint any two dis¬ 
 interested and reputable merchants of the city, to fix the value of the goods wares 
 and merchandise of such transient trader, and the valuation so fixed by them shall 
 be final and conclusive. 
 
 Sec. 3. No person or co-partnership of persons shall, under or in his or their 
 name, or firm, or at his or their place of business, or elsewhere, within the city, 
 suffer or permit any transient trader to sell or barter, or to expose or offer for sale 
 or barter by retail, either by sample or other specimen, or by list, catalogue or oth¬ 
 erwise, any goods, wares or merchandise, contrary to the provisions hereof, under 
 a penalty of not less than fifty dollars. 
 
 Sec. 4. The term a transient trader,” shall be construed to mean any person 
 not permanently transacting business within the city, and not paying all city taxes 
 upon his stock in trade, regularly and legally assessed and collected, upon the stock 
 in trade of permanent merchants and traders. 
 
 Passed, July 26, 1859, 
 
 CHAPTER XXX. 
 
 PRISON, 
 
 An Ordinance in relation to the. City Prison 
 
 Section 1. The stone building and enclosure, situated on Lot numbered five (5) 
 Block numbered twenty (20) in the City of Warsaw, shall be denominated the 
 “ City Prison,” and shall be used as a Prison and Workhouse for all purposes re¬ 
 quiring the same, by the charter and ordinances of the said city. 
 
 Sec. 2. The City Marshal shall have the charge of the City Prison, and the 
 custody of all persons committed thereto ; and he is hereby required to put to suit¬ 
 able work, either inside of said prison or on the streets and alleys of the city, all 
 persons committed by any magistrate for failure to pay any fines or penalties in¬ 
 curred for breach of any ordinance of the city, and to retain such person in said 
 prison until his term of imprisonment shall expire, or until he or she has paid his or 
 her fine, as required by section 16, article 12, of the charter. 
 
 Passed, July 26, 1859. 
 
154 
 
 ORDINANCES. 
 
 CHAPTER XXXI. 
 
 TREASURY DEPARTMENT. 
 
 Jin Ordinance establishing and regulating the Treasury Department . 
 
 Section 1. The City Clerk shall audit all accounts allowed by the City Coun¬ 
 cil, and correct any errors that may be found therein, and upon ascertaining the 
 amount due, he shall draw his warrant upon the city treasury therefor, signed by 
 the Mayor and countersigned by him. 
 
 He shall keep in a suitable book, an accurate list of all warrants drawn on the 
 treasury, stating the date, number, and amount thereof, and the name of the person 
 m whose favor drawn ; and he shall take the receipt of such person for the war¬ 
 rant upon the delivery thereof. 
 
 Sec. 2. The City Clerk shall keep a day-book, journal and ledger, and such 
 other books as may be necessary, and shall keep all accounts pertaining to the 
 finances of the city by double entry. 
 
 He shall keep an accurate account with all city officers and others collecting or 
 receiving any moneys, property, or claims on account of the city, charging them 
 with all moneys or property received by them, or claims placed in their hands for 
 collection, and crediting them with all moneys paid into the treasury, upon their 
 filing the treasurer’s receipts, or with accounts or claims uncollectable, or other 
 proper credits, upon filing the proper vouchers. The Treasurer shall be credited 
 with all warrants cancelled and returned. 
 
 Sec 3. The Clerk shall keep a detailed and specific account of the city revenue, 
 keeping an account with each separate fund, crediting the same with all receipts, 
 and charging it with all appropriations or warrants drawn thereon. 
 
 He shall keep an accurate account of all debts due by, or owing to the city, and 
 shall keep a bill book in which he shall enter a correct list of all bonds, notes, or 
 other obligations given by or payable to the city, with the date thereof, the person 
 to whom or by whom owing or payable, and the rate of interest, and the time and 
 manner in which the principal and interest are payable, and such other particulars 
 as may be necessary to a full understanding of the tenor thereof. 
 
 He shall charge each warrant to the fund or appropriation on which it is drawn. 
 
 Sec. 4. The City Treasurer shall keep a day-book, journal and ledger, and such 
 other books as may be necessary, and shall keep by double entry an accurate ac¬ 
 count of all moneys received and disbursed by him on account of the city, stating 
 from whom and on what account received, and to whom and on what account paid. 
 
 He shall keep an accurate account with each separate fund, or general appropri¬ 
 ation, and of the debits and credits properly belonging thereto. 
 
 He shall keep an accurate list of all warrants received or redeemed by him, sta¬ 
 ting the date, number, and amount thereof, to whom issued, and from whom and 
 the date whence received. 
 
 Sec. o. He shall at each regular meeting, report to the City Council an accurate 
 statement of all receipts and payments for the preceding month, and return all war¬ 
 rants cancelled, to the City Clerk, taking his receipt therefor $ and the Clerk shall 
 credit him with the amount of such warrants. 
 
 Sec. 6. The City Treasurer shall give duplicate receipts to the officer or person 
 paying any moneys into the treasury on account of the city, one of which shall be 
 filed with the City Cleik, wh© shall charge and credit the proper account there¬ 
 with. 
 
TREASURY DEPARTMENT. 
 
 155 
 
 Sec. 7. Whenever any city officer shall neglect or refuse to pay over any 
 moneys, or to make proper settlement of his accounts, or of any claim of the city 
 placed in his hands for collection as required by ordinance, or whenever upon the 
 adjustment of the account of any city officer, any moneys shall be found due by 
 him to the city, and the same shall not be immediately paid into the city treasury, 
 and the Treasurer’s receipt therefor filed with the City Clerk, the City Clerk shall 
 forthwith report such officer, with an abstract of his account, tn the City Council, 
 who shall, by an order, require him to make proper settlement of his account, or of 
 all claims of the city placed in his hands for collection, and to pay into the city 
 treasury without delay, all moneys due the city, and to return to the City Clerk all 
 claims in his hands. Notice of such order shall be given to such officer, and to his 
 sureties, by the Mayor, and upon his default to comply therewith, suit may be 
 brought upon his official bond for the amount with which he stands charged, or such 
 other measures may be taken as will secure the city from loss. An abstract of the 
 account of such officer, certified to by the City Clerk under the corporate seal, 
 shall be delivered to the City Attorney, and shall be sufficient to commence suit 
 against such officer and his sureties upon his official bond, before any court having 
 jurisdiction. 
 
 Sec. 8. No account shall be allowed, or warrant drawn in favor of any person 
 indebted to the city, or of his assigns, except for the balance which may be due 
 over and above the amount due the city. 
 
 Sec. 9. The Committee on Finance shall prescribe the manner in which the 
 books and accounts of all city officers shall be kept, in order to establish uniform¬ 
 ity therein. They shall, at least quarterly examine the books, accounts and papers 
 of all city officers, and see that they are properly, regularly and neatly kept and 
 preserved, and that the books and papers belonging to the offices of the Clerk, 
 Treasurer and Collector, are secure from loss or accident by fire; and they shall 
 report to the City Council any neglect or refusal on the part of any city officer to 
 keep his books or accounts properly, or to preserve any paper pertaining to his 
 office. Any officer who shall neglect or refuse to keep his books or accounts, or 
 to preserve any papers pertaining to his office, as required by ordinance, or in such 
 manner as the Committee on finance shall prescribe, may be removed from office for 
 incompetency. 
 
 Sec. 10. The Committee on Finance shall, on or before the third Monday pre¬ 
 ceding the first Monday of April in each year, make settlement with all city officers, 
 and final settlement at the expiration of their terms of office, and report the same 
 to the City Council. If they shall be unable to make settlement with any officer, 
 they shall state the fact, and the causes which prevent such settlement. 
 
 Sec. 11. The City Clerk shall annually, on the third Monday preceding the 
 first Monday of April, report to the City Council an accurate statement of all re¬ 
 ceipts and expenditures since the last annual report, showing for what purposes re¬ 
 ceived, and for what objects expended,—the amount of general taxes received from 
 each ward, and the amount expended for local improvements in the same, the debts 
 due or owing by, and amounts owing to the city, and the object or purpose for 
 which created or owing, and such other matters as may be necessary to a full un¬ 
 derstanding of the financial condition of the city. 
 
 Sec. 12. The City Treasurer shall, on the third Monday preceding the first 
 Monday of April annually, report to the City Council a full and complete state¬ 
 ment of the transactions of his office since the last annual report, showing the 
 
156 
 
 ORDINANCES. 
 
 amount of revenue and expenditures, the sources from whence derived, and the 
 purposes for which expended or appropriated, and the state of the Treasury. 
 
 Any other city officer, if required, shall report to the City Council, at the 
 same time., a complete statement of the transactions of his office for the preced¬ 
 ing year. 
 
 Sec. 13. The fiscal year of the city shall commence on the first Monday of April 
 jin each year. 
 
 Passed, July 26, 1859. 
 
 CHAPTER X X X I 1. " : 
 
 TREES. 
 
 An Ordinance in relation to Trees. 
 
 Section 1. All shade or ornamental trees placed along any street, shall be 
 planted on a line two feet inside of the outer edge of the sidewalk or curbing, as 
 defined and established by the ordinance relating to sidewalks. But no trees shall 
 be planted on any sidewalk less than eight feet in width. Whoever shall plant or 
 cause to be planted any tree upon any street or sidewalk contrary to the provisions 
 hereof, shall be subject to a penalty of not less than one dollar for each tree plant¬ 
 ed, and the City Supervisor or any police officer shall cause such tree or trees to be 
 removed, and may collect the costs of such removal of the person liable therefor 
 with the penalty, or in a separate suit in the name of the city. 
 
 Sec. 2. All trees shall be kept trimmed up so as not to incommode or obstruct 
 the passage of persons along any sidewalk or street, and if the owner or occupant, 
 nf the premises, upon, fronting, or adjoining which such trees are situated, shall, 
 after notice by any city officer, neglect or refuse to trim up the same as is herein 
 required, the Mayor shall, without delay, cause such trees to be trimmed up, rnd 
 such owner or occupant shall be subject to a penalty of one dollar for each tree he 
 shall so neglect or refuse to trim after such notice, and the costs of trimming the 
 same may be collected and recovered with the penalty, or m a separate suit in the 
 name of the city. 
 
 Sec. 3. Whoever shall willfully, maliciously, or negligently break, cut, or oth¬ 
 erwise injure, deface or destroy, any shade or ornamental tree upon an}^ sidewalk 
 or private premises, shall be subject to a penalty of not less than three dollars in 
 each case. 
 
 Passed, July 26, 1859. 
 
WHARF. 
 
 157 
 
 CHAPTER XXXIII. 
 
 WARDS. 
 
 An Ordinance dividing the City into Wards. 
 
 Section 1 . The City shall be, and the same is hereby divided into three Wards, 
 The division as aforesaid shall be as follows, to wit: All that portion of the 
 city lying north of a line beginning at the Mississippi river and running along 
 the center of Main street to the city limits on the east, shall constitute the First 
 Ward. 
 
 Sec. 2. All that portion of said city lying south of the First Ward, and west 
 of a line running along the center of Harrison street, to the city limits on the 
 south, shall constitute the Second Ward. 
 
 Sec. 3. All that portion of said city, lying east of a line running along the 
 centre of Harrison street, from the centre of Main street to the southern limits of 
 said city, shall constitute the Third Ward. 
 
 Passed, July 26, 1859. 
 
 CHAPTER XXXIV. 
 
 WHARF. 
 
 An Ordinance relating to the Public Landing. 
 
 Section 1. The Public Landing of the city of "Warsaw, shall comprise all that 
 ground lying south of the north boundry line of said city, and west of the west line 
 of the lots and blocks fronting on the Mississippi river, including streets, so far as 
 the jurisdiction of the city extends. 
 
 Sec. 2. The City Council shall each year, at the time of the appointment of 
 other city officers, appoint a suitable person for Harbor Master, who shall hold 
 his office for one year, and whose duties shall be as herein set forth. 
 
 Sec. 3. All that portion of the Public Landing lying south of the north line of 
 Jackson street, and north of the north line of Lafayette street, shall be specially 
 appropriated to the landing of steamboats, and no other boat, craft or raft shall 
 land or remain at said part of the Public Landing; and all persons landing or hav¬ 
 ing charge of any such boat, raft, or other craft, or having an interest in the cargo 
 to be received or discharged from such boat or craft, or having Limber in such 
 raft, ordering or requiring the same to be landed at said portion of the Public 
 Landing, shall immediately,on notice so to do, by the Harbor Master, remove the 
 same, and on failure so to do, shall forfeit and pay to the city ten dollars, to be 
 collected by the Harbor Master, and the said Harbor Master shall cause the same 
 to be removed at the expense of the owner or person in charge or in possession 
 thereof. 
 
 Sec. 4. The Harbor Master whenever it may be necessarj’’, shall assign places 
 for all boats and rafts, giving the preference to steamboats in the order of their ar¬ 
 rival, and every person in charge thereof shall cause the same to be removed to 
 the place assigned, and every person failing so to dc, on being notified by the 
 Wharf Master, shall forfeit and pay to said city for t3 ’sse, aa ?. penalty therefor, 
 
153 
 
 ORDINANCES 
 
 the sum of ten dollars ; Provided , that no boat or raft shall, when not in that por¬ 
 tion of the Public Landing, especially appropriated to steamboats or assigned to 
 the same, he compelled to give place to a steamboat, while such boat or raft is ac¬ 
 tually employed in discharging a cargo. 
 
 Sec. 5. All goods, wares, merchandise and other things, which may be landed 
 south of the north line of Jackson street and north of the north line of Lafayette 
 street, shall he removed as soon as practicable, and if suffered to remain over forty- 
 eight hours, the Harbor Master shall cause the same to be removed to some suitable 
 place at the charge of the owner. All such as may be landed above or below said 
 streets, may remain so long as the Harbor Master may permit, "not exceeding ten 
 days, and if suffered to remain beyond that time, he shall cause the same to be re¬ 
 moved to some suitable place, at the charge of the owner. 
 
 Sec. 6. No raft shall remain in the water at any part of the Public Landing, for 
 a longer tine than ten days, unless by special permission of the Wharf Master : a 
 longer time is granted for the purpose only of having the same drawn out; and 
 every person having charge thereof, who shall neglect to draw out said raft, within, 
 said time so limited or specially granted, shall forfeit and pay to said city, for its 
 use, as a penalty therefor, the sum of fifteen dollars. 
 
 Sec. 7. If no master, owner, or agent, shall appear to take charge of any boat 
 or raft, which may be found lying at the Public Landing, or any other property 
 landed therefrom, the Harbor Master shall take charge of the same, and take all 
 necessary measures to secure the same, and all proper charges and expenses incur¬ 
 red by him shall create a lien thereon. 
 
 Sec. 8. If the master, owner, or agent, shall appear within sixty days, and pay 
 to the Harbor Master all fee3, costs and charges, for which any such boat, raft, or 
 other property, may be liable, the same shall be restored to such master, owner or 
 agent; but if no such owner, master, or agent appears within said sixty days, or 
 appearing, shall fail to pay as aforesaid, the Harbor Master shall sell such boat, 
 raft, or other property for cash, at public auction, to the highest bidder, first hav¬ 
 ing given thirty days previous notice of the time and place of sale, by posting up 
 the same in three public places in said city, and also by a publication thereof in a 
 city newspaper ; Provided , however, that if such boat, raft, or other property, shall, 
 in the opinion of the Harbor Master, be of less value than ten dollars, or of a per¬ 
 ishable nature, then the Harbor Master shall not be required to wait sixty days, but 
 proceed to sell such boat, raft, or other property, as herein directed, first having 
 given thirty days notice by posting as aforesaid. 
 
 Sec. 9. The Harbor Master, after deducting all fees, costs, and charges, for 
 which the boat, raft, or other property was liable, shall pay the proceeds into the 
 city treasury, and the balance, after the deduction hereinafter mentioned, shall be 
 refunded to any person authorized to receive the same, as in the case of sale herein 
 provided for. 
 
 Sec. 10. Out of the proceeds of all sales made under this ordinance, the city 
 shall retain three per cent., to be deducted when the same is paid over to the person 
 entitled thereto. 
 
 Sec. 11. The following rates of wharfage fees shall be levied by the city, and 
 collected by the Harbor Master, to wit: 
 
 First . From the master of every steamboat, which may regularly or temporarily 
 ply between New Orleans and St. Louis, Warsaw, or Keokuk, three dollars for 
 every landing. 
 
WHARF. 
 
 159 
 
 Second. From the master of every steamboat which may regularly or temporari¬ 
 ly ply between St. Louis, Warsaw, or Keokuk, three dollars for each trip. 
 
 Third. From the master of every steamboat which may regularly or tempora¬ 
 rily ply between any points below and above the Lower or Des Moines Rapids, or 
 on the Des Moines River, one dollar for each landing. 
 
 Fourth. Boats plying as regular packets between Alexandria, Warsaw and Ke¬ 
 okuk, free. 
 
 Fifth. From the master of every other steamboat not mentioned in this section, 
 two dollars for each landing. 
 
 Provided , That if any steamboat included in the third class, shall not 
 discharge or take on any freight at any part of the Public Landing, but shall land 
 only for the purpose of taking on or putting off passengers, no wharfage shall be 
 charged, unless the number of passengers taken on and put off at one landing, shall 
 together amount to four. 
 
 For each produce boat, or boat engaged in coasting trade, or any boat on which 
 any mechanical business is carried on, landing at any part of the Public Landing, 
 there shall be paid for each landing the sum of two dollars, and the additional sum 
 of one dollar for every forty-eight hours the same shall remain, after the first forty- 
 eight hours. 
 
 For every raft of lumber which shall be landed within the limits (the steamboat 
 landing excepted,) embraced between the north side of Van Buren street, and the 
 south side of Pine street, there shall be paid for each landing, two dollars. All 
 rafts landing at any other portion of the Public Landing, shall be permitted to land 
 without any wharfage or other fee; and if any raft shall remain at that portion of 
 the Public Landing where fee for wharfage 13 required, for a longer period than 
 forty-eight hours, the additional sum of two dollars shall be paid for each forty- 
 eight hours, the same shall remain after the first forty-eight hours. Provided > that 
 this section shall not apply to any boats compelled to remain for a longer time than 
 forty-eight hours, at any portion of the Public Landing, on account of ice. 
 
 Sec. 12. The Harbor Master shall enter in a book kept for the purpose, all 
 moneys received by virtue of this ordinance, the names of persons or boats from 
 whom the same is received, and shall account to the City Council, at their stated 
 monthly meetings, for the. same. The amount accruing to the city shall immediately 
 be paid into the treasury by the Harbor Master, and the Treasurer’s receipt filed 
 with the City Clerk. 
 
 Sec. 13. If any person shall deface, or in any way injure any post, ring, or 
 other appurtenance to the Public Landing, or do any act tending in any wise to the 
 injury of the Public Landing, he shall forfeit and pay to said city for its use, as a 
 penalty therefor, five dollars for every such offence, and pay all the expenses of 
 repairing or replacing the thing injured. 
 
 Sec. 14. Any steamboat, its officers, or owner ; produce boat, its officers, agent, 
 manager, or owner ; raft or lumber agent, manager, or owner, who shall fail or 
 refuse to pay the proper officer (immediately on landing,) the amount of wharfage 
 required by section eleven of this ordinance, shall forfeit and pay to said city, 
 for its use, as a penalty therefor, the sum of twenty dollars for each and every 
 offense. 
 
 Sec. 15. Whenever the Harbor Master shall, by any means, be unable to col¬ 
 lect any fine, forfeiture, penalty, cost, charge, or expense accruing under this or¬ 
 dinance, on demand from the boat, raft, or other property herein specified, he 
 
160 
 
 ORDINANCES. 
 
 shall notify the Mayor thereof, and cause a suit to be instituted forthwith, against 
 any person liable therefor ; and nothing herein contained shall prevent the Harbor 
 Master from giving testimony in any such action, whenever the same may be 
 necessary. 
 
 Sec. 16. Every boat plying between said city and the opposite side of the 
 Mississippi river, shall be exempt from the payment of the usual rates, of 
 wharfage ; Provided, that every such boat shall have but one place of land¬ 
 ing. 
 
 Sec. 17. For any violation of any of the provisions of this ordinance, the per¬ 
 son committing such violation shall forfeit and pay to the city of Warsaw, five dol¬ 
 lars, where not otherwise provided by this ordinance. 
 
 Passed, July 26, 1859. 
 
 SUPPLEMENTAL ORDINANCES. 
 
 jin Ordinance amendatory of an Ordinance in relation to Nuisances. 
 
 Section 1 . Be it Ordained by the City Council of the City ©f 
 Warsaw, That the fourth division of the ordinance, in relation to Nuisances, pas¬ 
 sed July 26, 1859, be and the same is hereby repealed. 
 
 Sec. 2. When any cost or expenses necessarily expended m removing or abat¬ 
 ing any nuisance, upon any premises chargeable therewith, shall he reported to the 
 Citv Council and examined by them, they may, by an order to be entered in full 
 upon the journals, approve and confirm the same, and levy and assess such costs 
 and expenses against the premises chargeable therewith. The order shall contain a 
 correst list and description of the premises, with the name of the owner thereof, 
 if known, and the amount assessed against such lot or premises set opposite thereto, 
 and may be substantially as follows, to wit: 
 
 “ Ordered by the City Council, that the several sums set opposite to each of the 
 following described lots, (parts of lots, real estate, or premises, as the case may 
 be,) to wit: 
 
 Name of owner. 
 
 DESCRIPTION. 
 
 Amount of 
 Assessment. 
 
 Lot. J 
 
 Block. j 
 
 Addition. 
 
 A. B. 
 
 1 ' 
 
 22 
 
 Ralston’s, 
 
 $20,00 
 
 C. D. 
 
 N£ 5 
 
 21 
 
 Fonda’s, 
 
 a,00 
 
 E. F. 
 
 4 
 
 6 
 
 Mason’s. 
 
 40,00 
 
 Being the costs and expenses approved by the City Council, for abating nuisances 
 upon each of the aforesaid lots or premises, by the city, after failure of the owners 
 or other persons whose duty it was 1o abate such nuisance, after due notice to 
 do the same in pursuance of the ordinances of the city, be, and the same are 
 hereby levied and assessed against each of said lots or premises to defray the costs 
 and expense of abating said nuisance thereon, and that the same be entered on the 
 assessment list for the current year 18— opposite said property, to fee collected as 
 ether taxes In said assessment. 
 
amendments. 
 
 161 
 
 The Clerk shall, as soon as practicable, after the passage of the order of 
 assessment, set down in a separate column on the assessment list for the current 
 year, the amount assessed to each lot or part of lot or other piemises, opposite to 
 the same, in accordance with said order, in case said order of assessment be passed 
 prior to the tenth day of August of such year ; but in case said order of assess¬ 
 ment be passed after the tenth day of August of such year, then the same shall be 
 entered on the assessment list for the next current year. 
 
 Sec. 3. The foregoing amendment shall constitute a portion of the Revised Or¬ 
 dinances of the city, and shall be published with the same. 
 
 Passed, August 16, 1859. 
 
 THOS. C. SHARP, Mayor. 
 
 Peter Baker, Clerk. 
 
 An Ordinance amendatory of certain sections of the Revised Ordinances, 
 
 Section 1. Be it Ordained by the City Council of the City of 
 Warsaw, That the words “ nor shall sell or deliver any intoxicating liquors on 
 the premises occupied by said tables or alley,” in the third Section of the third 
 Division of (( The Ordinance relating to Licences,” passed July 2, 1859, be strick¬ 
 en ©ut. 
 
 Sec. 2. Be it further Ordained, That the word ce fifteen” be substituted 
 in place of the word “ten,” in the first line of the third Section, fifth Division, 
 of <e An Ordinance in relation to City Officers,” passed July 26, 1859. 
 
 Sec. 3. This ordinance shall constitute a part of and be published with the 
 Revised Ordinances. 
 
 Passed August 16, 1859. 
 
 THOS. C. SHARP, Mayor, 
 
 Peter Baker, Clerk. 
 
 An Ordinance amendatory of an Ordinance in relation to Licences , passed July 2,1859. 
 
 Section 1. Be it Ordained by the City Council of the City of 
 Warsaw, That no person shall pursue the business of Commission and Forwarding 
 Merchant, In said city, without procuring a licence therefor, under a penalty of 
 not less than fifty dollars. There shall be taxed by the City Council, and collected, 
 for a licence to pursue the business of Forwarding and Commission Merchant, not 
 less than ten nor more than fifty dollars, for one year. 
 
 Sec. 2. This ordinance shall be published with and constitute a part of the Re¬ 
 vised Ordinances of the city. 
 
 Passed, August 16, 1859, 
 
 THOS. C. SHARP, M vor. 
 
 Peter Baker, Clerk. 
 
 11 
 
TABLE OF ERRATA. 
 
 Page 71, 8th line from top the word “requesting” should be “re-registering.” 
 Page 109, 6th line from top, the word “foul” should be “fowl.” 
 
 Page 97, 4th line, for “ sixth” read “ fifth.” 
 
 'CERTIFICATE OF AUTHENTICATION. 
 
 State op Illinois, ) 
 
 City of Warsaw, $ 5 * 
 
 We, the undersigned. Mayor and City Clerk of the City of Warsaw, do 
 hereby certify, that the Ordinances published in the foregoing pages, are the 
 Revised Ordinances of the City of Warsaw, deposited in the office of the City 
 Clerk, passed by the City Council of said City, at the times when the same 
 severally purport to have been passed, and that the same were printed and 
 published by order and authority of said City Council. 
 
 In testimony whereof we have hereunto set our hands 
 [L. S.j and affixed the Corporate Seal of said City this the 
 
 eighteenth day of August, A. D., 1859. 
 
 THOS C. SHARP, Mayor. 
 
 Peter Baker, City Clerk. 
 
INDEX 
 
 PAGE. 
 
 ACCOUNTS,—Ordinances relating to ------ 66 
 
 By whom kept - -- -- --24 
 
 ACTIONS,—Accruing to city on school obligations to vest in Board 
 
 of Education -------55 
 
 ACT,—To amended charter deemed public act 62 
 
 ADDITIONS,—To city, how made % - 62 
 
 (i powers of Council relative to - - 60 
 
 (e ordinance relative to - - - - 66 
 
 ADVERTISEMENT OF LAND FOR TAXES, regulation concerning 45 
 AGE OF PUPILS IN SCHOOL,—Regulation respecting - - 138 
 
 ALDERMEN,—Term of office of ------ 20 
 
 Office how vacated ------ 20 
 
 ALLEYS,—Power to assess cost of grading &c., to owners of adjoin¬ 
 ing real estate ------ 35 
 
 When paved or macadamised, how paid for - - 149 
 
 AMUSEMENTS,—Power to restrain and prohibit 29 
 
 ANIMALS,—Power to prevent abuse of - - - - - - 28 
 
 Power to compel persons to fasten - - - - 28 
 
 Sick and Creased not to behold as food - 109 
 
 APPEALS,—From City Council to Circuit Court on order condemn¬ 
 ing land for street purposes 33 
 
 APPROPRIATIONS,—Ordinance relating to ----- 67 
 
 For streets duty of clerk respecting • - 126 
 
 ASHES,—Power to regulate deposite o£ - - - - - - 51 
 
 ASSAULT,—Penalty for.- - - 105 
 
 ASSESSMENT LIST,—Omissions in how corrected - - - 39 
 
 To be laid before Council *- 39 
 
 Council may hear complaint respecting - 39 
 
 When and how made - - - - 38 
 
 Copies to be made by Clerk - * - 49 
 
 Clerk to receipt for 39 
 
 ASSESSMENT NOTICE,—When published.39 
 
 ASSESSMENTS,—For damages in case of condemned lands by whom 
 
 paid - ----- 
 
 ASSESSMENTS,—When double or erroneous how corrected 
 ASSESSOR,—Form of certificate of - 
 
 Form of Oath of - - - - - 
 
 To call on tax payers - 
 
 Power to examine under oath • - - 
 
 Appointment and removal of - 
 
 Pay of - -- -- -- 
 
 33 
 
 44 
 
 39 
 
 38 
 
 38 
 
 38 
 
 37 
 
 135 
 
 
164 
 
 INDEX. 
 
 - 137 
 
 - 24 
 - 123 & 132 
 
 - 137 
 
 27 
 
 • - 67 
 
 - 132 
 
 - 75 
 77 
 
 - 106 
 
 27 
 
 - 106 
 
 137 
 
 ASSISTANT TEACHERS,—Regulations respecting - 
 ATTORNEY, CITY,—To be appointed - - 
 
 Duties of - 
 
 AUCTIONEERS,—Regulations respecting - 
 
 Power to license and tax - - - - 
 
 AWNINGS,—Ordinance relating to 
 
 BAIL,—When and how given ------- 
 
 BALLOTS,—Canvassing of 
 
 BALLOT BOX,—Illegal carrying away how punished 
 
 BATHING IN PUBLIC,—How punished. 
 
 BAWDY HOUSES,—Powers of Council concerning - 
 
 Penalty for supporting * . - 
 
 BILLS PRESENTED TO BOARD OF EDUCATION,—Regula¬ 
 tions respecting ------- 
 
 BILLIARD ROOMS AND BALL ALLEYS,—Regulations re¬ 
 specting ------- 
 
 Penalty for being open on Sunday - 
 BILLIARD TABLES,—Powers of Council respecting 
 Regulations respecting amended - 
 
 BOARD OF EDUCATION,—Meetings of - - 
 
 General powers and duties of 
 School property vested in , 
 
 Clerk and Treasurer of 
 President of ----- - 
 
 What constitutes a quorum 
 How constituted - 
 A body politic 
 
 BOARD OF HEALTH,—Who shall constitute 
 
 92 
 
 - 107 
 
 27 
 
 - 16.1 
 54 & 136 
 
 - 53 & 55 
 54 
 
 - 54 
 54 
 
 - 54 
 53 
 
 - 53 
 50 & 87 
 
 Duties of - - - ~ - - - 50 & 87 
 
 Meetings of----*-- -87 
 
 BOISTEROUS CONDUCT,—Penalty for permitting on any premises 105 
 BONDS OF OFFICE,—Member® of Council not to be taken on 135 
 Amounts of ------ 134 & 135 
 
 25 
 41 
 25 
 155 
 19 
 113 
 
 28 
 28 
 68 
 
 To be approved by Council • 
 
 BOND,—Of the city clerk for delinquent taxes - 
 
 BOOKS AND PAPERS,—How recovered. 
 
 BOOKS to be kept as directed by Committee on Finance 
 
 BOUNDARIES of city fixed. 
 
 BOYS,—Ordinance respecting ------ * 
 
 BREAD,—Weight and quantity, power to regulate - 
 
 BRICK,—Power to regulate size of ------- 
 
 Ordinance relative to ----- - 
 
 BREWERIES, FOUNDRIES, LIVERY STaBLES, &c.,— Power 
 to regulate - 
 
 BUILDINGS,—Public, penalty for injuring • - * • 
 
 Wooden, power to prevent erecting of - 
 Delapidated, power to declare nuisances 
 How and when to be taken for street purposes - 
 
 29 
 
 61 
 
 51 
 
 51 
 
 31 
 
 Proceedings of commissioners when necessary to remove 31 
 
INDEX. 
 
 
 BUILDINGS,—May remove to prevent spread of fire - - - 80 
 
 Encroaching on streets ------ 110 
 
 BURIAL OF THE DEAD,—Powers to make regulations concerning 29 
 
 BURYING GROUNDS,—Ordinance relative to - - * 
 
 CELLAR DOOR,—Penalty for leaving open - 
 
 CEMETERIES,—Ordinance relating to - 
 
 CEMETERY,—Lots to be exempt from execution - 
 
 CENSUS,—Ordinance relating to ------ 
 
 Power of Council respecting - 
 
 CERTIFICATES OF PURCHASE,—When lost how supplied 
 
 Assignable ------- 
 
 CHARTER,—To take effect from date of passage 
 CHARTER OLD,—Acts done under legal - 
 
 To continue in force except where superceded - 
 CHILDREN DESTITUTE,—Powers respecting - 
 
 CHIMNEYS,—Powers to regulate - 
 
 CIRCUIT COURT,—Duty of when cause is disposed of therein - 
 Appeals allowed to from county court 
 CITY BONDS,—School money may be invested in - 
 CITY CLERK,—Shall audit accounts and keep books 
 May administer oaths - 
 
 Shall keep books and papers - 
 Certificate of to be evidence - - 
 
 Settlement with ------ 
 
 Duties of relative to licenses - 
 
 Death or resignation of 
 
 Fees of ------- 
 
 To be clerk of the board of education 
 Fee for each redemption certificate 
 Fee for affidavit to infants, &c. 
 
 CITY COUNCIL,—Special meetings, how called 
 
 What constitutes ----- 
 
 Qualification^ members of - 
 
 Attendance of a absent members, how enforced 
 To control finances - 
 
 • c 
 
 Members of exempt from street labor 
 General pwers of 
 Meetings of ------- 
 
 CITY ENGINEER,—Duties of . 
 
 CITY MARSHAL,—To be elected by the people 
 Powers and duties of 
 
 CITY MARSHAL,—Shall have an office - 
 
 Duties of respecting paupers - 
 
 Duties of at elections ----- 
 
 Duties of relative to licenses - 
 
 Duties of at fires ------ 
 
 Shall give notice when city is purchaser at tax sale 
 Police duties ------ 
 
 69 
 108 
 69 
 60 
 69 
 29 
 47 
 47 
 62 
 62 
 62 
 29 
 51 
 43 
 
 - 43 
 56 
 
 - 154 
 
 - 24 
 
 - 24 
 24 
 
 - 44 
 91 
 
 - 45 
 49 & 134 
 
 - 54 
 45 
 
 - 46 
 26 
 
 - 25 
 26 
 
 - 26 
 26 
 
 - 52 
 26 to 30 
 
 - 26 
 
 - 123 
 - 62 
 
 24 
 
 - 130 
 
 - 128 
 
 - 77 
 91 
 
 - 77 
 47 
 
 CITY SUPERVISOR,—Duties of 
 Liable to indictment 
 
 129 to 134 
 25, 59 & 125 
 - CO 
 
368 
 
 INDEX. 
 
 To keep accounts and^make report to council 
 
 Power to make arrests - 
 
 Pay of ------ 
 
 CITY TREASURER,—Shall keep books 
 Shall report monthly - 
 
 Shall give duplicate receipts - 
 Shall make annual statements 
 To be treasurer of the board of education 
 His commissions - 
 
 General duties of - 
 To pay over redemption money 
 Exhibit to be made - 
 
 CITY WEIGHER,—Duties of - 
 
 Fees of - -- -- -- 
 
 25 
 
 - 130 
 
 - 135 
 
 - 154 
 
 - 154 
 
 - 154 
 
 - 155 
 
 - 54 
 
 - 134 
 
 • - 24 
 
 46 
 
 - - 24 
 
 - 126 
 
 - 135 
 
 CLERK OF MARKET,—Duties of.100 to 104 
 
 CONTRACTS,—Members of council shall not be interested - - 25 
 COLLECTOR,—Appointment of ------ 37 
 
 Vacancy, how filled ------ 37 
 
 To give bond - -- -- -- 40 
 
 COLLECTOR’S,—Duty of.40 
 
 To levy or to sue ------ 40 
 
 Proceedings of, when levy is made - - - 40 
 
 Settlement with - -- -- --41 
 
 May be required to settle ----- 41 
 
 Bond may be put in suit ----- 41 
 
 Oath to delinquent list, form of - 41 
 
 Death or resignation effect of 45 
 
 Fees of - -- -- -- -- 49 
 
 COMMISSIONERS,—To lay out streets, power to remove - 32 
 
 To lay out streets, how appointed, sw’orn, and duties 
 
 thereof - -- -- -- 31 
 
 COMPLAINTS,—Form of.131 
 
 How made - - -- -- -- 131 
 
 CONSERVATORS OF THE PEACE,—Officers of city constitute 62 
 
 City Council shall prescribe duties of - 62 
 
 CONTAGIOUS DISEASES. 26 
 
 CONTRACTS,—Members of council shall not be interested in - 25 
 CORNER STAKES,—Penalty for removing - 111 
 
 CORPORATION,—General powers of - - - - - 19 
 
 Name of -------- 19 
 
 COUNTY COURT,—Appeal from to circuit court f- - - 43 
 
 How to proceed on tax list ----- 42 
 
 Form of judgment ------ 43 
 
 Jurisdiction of ------- 45 
 
 CROSS WALKS,—Dimensions of - 26 
 
 DAMAGES,—For taking land and buildings for street purposes, how 
 
 assessed and paid ----- 32 
 
 Power of council to make regulations in relation thereto 33 
 Proceedings in collection of ----- 32 
 
 Power of city council in relation thereto - - 32 
 
INDEX. 
 
 % 
 
 167 
 
 DEBTS,—Dae board of education to be preferred in case of death 50 
 DEBT,—Not to be created without providing for levy of tax to meet 
 
 interest - - - - - - - 36 
 
 DEED,—Purchaser at the sale, when entitled to - - - - 47 
 
 To purchasers tax sale March 1858, to be made by clerk 49 
 Tax sale of March 1858, what evidence of - - 49 
 
 To purchasers at tax sales, evidence of what facts 48 
 DEEDS,—What persons endeavoring to invalidate must prove - 48 
 
 Tax, to be acknowledged and signed by clerk - 48 
 
 DEFAULTERS,—Who considered.21 
 
 DELAPIDATED BUILDINGS,—Regulations respecting - - 117 
 
 DELINQUENT TAX LIST,—To be certified by clerk - - 41 
 
 Time to return may be extended - - - - 40 
 
 DEPOT GROUND, &c.. - - 30 
 
 DIRT AND FILTH,—Thrown in gutters penalty for - <» 111 
 
 DISTILLERIES, &c.,—Regulations of ~ *» 29 
 
 DISTURBING,—Religious worship ~ - >-106 
 
 Quit on Sabbath 106 
 
 DOGS,— -..70 
 
 Power to prohibit running at large 28 
 
 DRAINS AND SEWERS,—Powers respecting •» >- 34. 
 
 DRUNKEN PERSONS,—Not permitted to loiter about liquor shops 98 
 DUMB ANIMALS,—Cruelly beating, penalty for - * 107 
 
 EARTH,—Removing from streets, penalty for . . . .111 
 
 ELECTIONS,—General, when and where held . . . .21 
 
 How contested . . : . . . 77 
 
 Manner of conducting.22 
 
 Notice for.21 
 
 Place to be holden.22 
 
 Returns, how made.76 
 
 Special, to fill vacancies when there is no quorum of 
 
 aldermen 20 
 
 ESTIMATES AND PLANS,—Who to make ... 24 and 25 
 
 EXCAVATIONS,—In streets to be guarded.108 
 
 EXECUTIONS,—To be issued immediately on rendition of judgment 61 
 
 EXECUTION,—Form of .61 
 
 EXPENSES,—Of tax collections and sales to be laid before the city 
 
 council .’ 49 
 
 FALSE SWEARING,—Before assessor, how punished . . 38 
 FALSE WEIGHTS,—Penalty for in market .... 103 
 
 Penalty for using.109 
 
 FASTENING HORSES,—To fences, &c., without permission of 
 
 owner, penalty for.107 
 
 FEE,—Printer’s for publishing tax notices.47 
 
 FENCES,—Encroaching on streets, penalty for .... 112 
 
 FEERY,—Tax on .141 
 
 FINES AND PENALTIES,—Powers to impose ... 30 
 
 FINES,—Power to require same to be worked out on streets . 30 
 To be paid into city treasury . . . . 60 & 61 
 
168 
 
 INDEX. 
 
 FINES,—When not paid, defendant to be imprisoned I . .61 
 
 Paid in labor 29 
 
 To be paid over by magistrates as fast as collected . 133 
 Penalty for not paying over ..... 133 
 
 FINES AND IMPRISONMENT*—Limit to . . . . .30 
 
 FINES AND PENALTIES,—How to be remitted ... 60 
 
 FIRE ARMS,—Discharge of prohibited ...... 108 
 
 FIRE,—Alarm of, duties of fire companies.79 
 
 Apparatus, not to be used for prevate purposes . . 80 
 
 FIRE APPARATUS,—.78 
 
 FIRE BUCKETS,—Power to provide.,51 
 
 FIRE COMPANIES,—Council may organize .... 52 
 
 FIRE ENGINE, &c.,—Penalty for defacing.81 
 
 FIRE DEPARTMENT,—Who constitute , . 78 
 
 Duties of engineer ....... 79 
 
 FIRE ENGINES,—Council may procure.52 
 
 FIRE ENGINEERS,—Power to appoint.52 
 
 FIRE,—False alarm, penalty for ...... 106 
 
 FIRES,—General powers in relation to) ..... 51 
 
 FIRE LIMITS,—. 
 
 FIREMEN,—Exempt from street labor and jury service 
 Name to be registered with the clerk 
 
 FIRES,—Penalty for hindering firemen, &c., at . 
 FIRES,—Precautionary, regulations to prevent 
 FIRE WARDENS,— Who constitute . 
 
 FIRE WOOD, COAL, &c.—Measuring * 
 FIREWORKS AND FIREARMS,—Power to regulate 
 FISCAL YE AR,—When to commence 
 FISH, FRESH MEAT, &c.,—Regulations in relation to 
 FORESTALLING,—Power to prohibit . 
 
 GAMING IMPLEMENTS,—Prohibited 
 GAMING AND RAFFLING,—Prohibited 
 
 GRADE,—Power to . .. 
 
 GRADES,—By whom fixed. 
 
 GRADING,—Power to charge half expense of to lot 3 
 GUNPOWDER,—Power to regulate storage of 
 
 Ordinance relating to ... 
 HARBOR MASTER,—Compensation 
 
 Powers and duties . . . 
 
 H ARBER MASTER,—To assign places to boats 
 
 To sell boats, when no owner appears 
 To keep book and report monthly 
 When appointed ..... 
 HAY,—Inspection and weighing of ... 
 
 HEALTH DEPARTMENT,—Ordinance relating to . 
 HEALTH,—Power to make regulations to secure 
 
 Regulations to secure .... 
 
 HOGS, &c.,—Power to prevent running at large 
 HOGS AND GEESE,—Ordinance relative to 
 
 selling 
 
 84 
 
 52 &80 
 . 52 
 80 
 
 82 & 83 
 83 
 
 . 28 
 51 
 . 156 
 
 28 & 18 
 . 28 
 86 
 
 . 106 
 34 
 . 24 
 34 
 . 51 
 86 
 . 135 
 157 & 158 
 . 157 
 158 
 . 159 
 157 
 . 28 
 87 
 . 29 
 26 
 
 . 28 
 89 
 
INDEX. 
 
 169 
 
 IMPROVEMENTS,—Value not to be estimated on land mortgaged 
 
 to board of education.57 
 
 IMPRISON,—Power to.31 
 
 INDECENT EXPOSURE,—Penalty for.106 
 
 INFANTS,—Lands owned by, how proceeded against when requi* 
 
 red for street purposes ..... 33 
 
 INFANTS, FEMME COVERT &c.,—Wishing to redeem after two 
 
 years, how to proceed.46 
 
 INFECTIOUS DISEASES, &c.,—Duties of board relative to . . 50 
 
 INSPECTION,—Of Flour &c. 28 
 
 INTEREST,—At 15 per cent, allowed, when debts due school fund 
 
 are not paid at maturity .... 57 
 
 When to be considered principal . . . .57 
 
 INTOXICATION.—Penalty for.106 
 
 JUDGES OF ELECTION,—Refusing a legal vote, penalty for . 77 
 
 Knowingly permitting illegal votes, how punished 77 
 
 JUDGMENT OF COUNTY COURT,—City clerk to make record 
 
 of and certify to.43 
 
 JURORS,—Who competent.61 
 
 JUSTICES OF THE PEACE,—Jurisdiction of, in regard to school 
 
 fund.57 
 
 In city, to have jurisdiction of actions under ordi¬ 
 nances .15 
 
 City council to designate who shall have jurisdiction 61 
 
 LAMP POSTS,—Penalty for injuring.107 
 
 LANDS,—Condemned for street purposes, not to be taken until dam¬ 
 ages are paid.32 
 
 Contract respecting, to cease when taken for public 
 
 purposes.33 
 
 LIBRARY AND APARATUS.57 
 
 LICENSES,—Form of.91 
 
 Butchers., ... 28 
 
 Brokers ......... 92 
 
 Exhibition shows, &c. . > .... 93 
 
 Haokmen, &c. 27 
 
 Fees and time to run.27 
 
 LICENSES,—For selling liquors.97 
 
 General regulations relative to.90 
 
 Inkeepers.92 
 
 Merchants, &c. . . . ; . . 27 & 95 
 
 Not transferable.. . 90 
 
 Ordinaries .92 
 
 Pedlers. 95 
 
 LIQUORS,—Power to prohibit sale of.27 
 
 LIQUORS,—Retailers not to sell to drunken persons or minors . 98 
 
 Seller to keep copy of Ordinance posted in his place 
 
 ef business.99 
 
 LOTS,—Sold for taxes, when to be bid off to the city . . 44 
 
 Subdivision of by assessor ...... 38 
 
INDEX. 
 
 no 
 
 LOTS,—To be filled up, or drained, on order of council . . 35 
 
 When portion sold for taxes, what part taken . . 44 
 
 LUMBER MERCHANTS,—Transient license . . . 94 
 
 LUMBER AND SHINGLES,—Inspection and measurement . .28 
 
 LUMBER YARDS,—Not to be established within fire limits . 83 
 
 MANUFACTORIES,—Dangerous, power to prohibit . , .51 
 
 MARKET AND MARKET HOURS,.27 
 
 MARKET,—City, Ordinance relating to ..... 100 
 
 Regulations.100 & 101 
 
 When to be opened.„ 101 
 
 MAY OR,—General duties of ....... 23 
 
 How removed from office.23 
 
 Has casting vote.25 
 
 Liability to indictment.23 
 
 Mas assign certificates of purchase held by city . 48 
 
 May administer oaths, take depositions, &c. . . 23 
 
 May call posse or militia.23 
 
 May certify under seal of city.23 
 
 May require exhibit of books of officers . . 23 
 
 Protem, title of and powers.23 
 
 Protem, when and how appointed .... 23 
 
 Salary, how fixed.23 
 
 Shall approve ordinances.23 
 
 Shall exercise general supervision over the fire depart¬ 
 ment .79 
 
 To exercise a general supervision over police . . 129 
 
 McADAMISE AND GUTTER,—Power to charge half expense to 
 
 lots benefitted.34 
 
 MECHANICAL WORK,—Measurement of.28 
 
 MEMBERS OF BOARD OF EDUCATION,—Pay of 54 
 
 When personally liable.54 
 
 MONEY,—How borrowed.26 
 
 How appropriated ....... 26 
 
 Restrictions on borrowing.26 
 
 How drawn from treasury 24 
 
 MONEY,—To be paid to treasurer as fast as collected . . . 121 
 
 MONEYS,—To be paid into treasury.24 
 
 MORTGAGES,—Form of. 56 
 
 May be foreclosed.57 
 
 MOVING BUILDINGS,—To be done only by permit . . . 110 
 
 NIGHT WATCH,—When to be established . . . . .131 
 
 NOISES—On street..29 
 
 NON-RESIDENT OWNERS,—How property listed . . .38 
 
 NOTICE TO PAYE, GRADE, &c.,—By whom given and how proved 35 
 
 NUISANCES,—Assessment for abating.160 
 
 Courts to have jurisdiction of ..... 60 
 
 Duty of Marshal respecting ..... 114 
 Injurious to health, removal of .... 87 
 
 Penalty for not removing . . . . . .114 
 
NUISANCES,-!:, 
 
 Remo 
 
 l 
 
 To aba. 
 
 Upon loi 
 
 OATHS,—City clerk, aut 
 OATHS, &c.,—Definition i 
 Mayor’s addi 
 Of office, whei. 
 
 OBSCENE BOOKS, &c. 
 
 OBSTRUCTING OFFICERS,- 
 OBSTRUCTING STREETS,—Pei 
 OFFENDERS,—When held to bail 
 OFFICERS,—Appointment of, how a 
 All persons to aid when «. 
 
 Bonds 
 
 City council may prescribe 
 Commission 
 
 Failure of people to elect, pro 
 Failing to perform duty, penalty 
 How removed .... 
 
 Liability of ... . 
 
 Police, appointment and removal 
 Persons falsely representing themsel 
 
 for. 
 
 Refusing to pay over moneys . 
 
 Refusing to deliver over books; &c, pei 
 
 Removal of. '< 
 
 Removing from city, regulations respecti 
 Term of office .... 
 
 To attend as witnesses 
 
 What necessary. 
 
 When absent mayor may appoint substitute 
 When not appointed at regular time—when a 
 OFFICES,—Members of council shall not hold 
 Who not qualified to hold 
 
 OFFICE,—Persons elected to, how notified and when to quali, 
 ORDINANCES, &c.—Imposing fines to be published 
 
 Now in force to remain in force until repealed 
 
 Power to pass, publish &c. 
 
 Proof of publication of : 
 
 Style of . 
 
 To be approved by mayor .... 
 When published in form, to be proof 
 PARTITION WALLS,—Power to regulate 
 PAUPERS,—Bills for support of, how allowed . 
 
 Desiring to leave the city, regulations respectin 
 
 Regulations concerning 
 
 To be furuished with work^by Marshal . 
 
 Who are ..... 
 
as tax 
 
 34 
 
 35 
 105 
 
 )t infectious 
 
 • 
 
 • 
 
 88 
 
 seases 
 
 . 
 
 50 
 
 * 
 
 ' > • 
 
 • 
 
 112 
 
 it’s office 
 
 • 
 
 30 
 
 council 
 
 • 
 
 60 
 
 ad by seller 
 
 • 
 
 108 
 
 • m 
 
 
 130 
 
 ppointed 
 
 9 
 
 129 
 
 * 
 
 • 
 
 130 
 
 4 of 
 
 % 
 
 129 
 
 * o . 
 
 • 
 
 130 
 
 j by marshal . 
 
 • 
 
 131 
 
 joint 
 
 • 
 
 28 
 
 *" • • • 
 
 dug on premises without permission 
 
 
 penalty for 
 
 9 
 
 108 
 
 • • • « • 
 
 9 
 
 28 
 
 JF EDUCATION,—Duties of 
 
 • 
 
 137 
 
 jwers .... 
 
 • 
 
 54 
 
 OOL FUND,—Not to be distributed 
 
 * 
 
 58 
 
 .te, proof of publication 
 
 • 
 
 48 
 
 f supervisor respecting 
 
 . 
 
 133 
 
 >rk out fine on streets . 
 
 • 
 
 132 
 
 and amount of fines to be reported to council 
 
 133 
 
 fine to have discharge 
 
 • 
 
 133 
 
 , in relation to 
 
 C 
 
 e 
 
 153 
 
 >, &c.—Power to regulate 
 
 « 
 
 29 
 
 of to be delivered to assessor by fist July 
 
 • 
 
 38 
 
 rsonal, definition of 
 
 • 
 
 37 
 
 ver to exempt from taxation 
 
 • 
 
 37 
 
 ,—Power to punish .... 
 -Only to be sold in market house, in market 
 
 • 
 
 28 
 
 hours .... 
 
 101 & 102 
 
 4UNDS ...... 
 
 • 
 
 27 
 
 NDING,—What constitutes . 
 
 • 
 
 127 
 
 tOPERTY, — Injury to, penalty for 
 
 
 61 
 
 Penalty for defacing . . » 
 
 ♦ 
 
 107 
 
 ^CHOOL HOUSE,—How to be used 
 ; SQUARES AND GROUNDS,—Power to grade and 
 
 • 
 
 orna- 
 
 137 
 
 ment ..... 
 
 • 
 
 34 
 
 — In school shall be cleanly .... 
 
 , ASER,— At tax sale, to give notice to owner before entitled 
 
 140 
 
 to deed ..... 
 
 • 
 
 47 
 
 .ENTINE, . 
 
 ♦ 
 
 26 
 
 What constitutes .... 
 
 
 25 
 
index. 
 
 173 
 
 RAFTS,—Not remain over ten diys .... 158 
 
 RAILROAD TRACTS, SWITCHES, &c.~Power to regulate . 30 
 REAL PROPERTY,—Definition of .... 38 
 
 RECEIPTS AND EXPENDITURES,—Account of to be published 59 
 For money paid out of schoolfund, to be filed in clerk’s 
 
 office ..... 58 
 
 RECORDS, &c' —Subject to inspection .... 121 
 
 RECESS,—In sc.bool . . ^ ~ A . . 137 
 
 REDEMPTION,— Certificates, requisites ? . 46 
 
 From taxes, record of 'I ... 46 
 
 In case of infant, femme Sovert, &c . . .45 
 
 Morv'-y, special deposit of . . . . 46 
 
 REDEMPTIONS,—Conditions on which allowed . . 45 
 
 REGISTRATION OF BIRTHS AND DEATHS,—Power to regulate 29 
 RESCUE OF PRISONER,—.Penalty for . , . 109 
 
 RESIDENT OF WARD,—What constitutes . . .22 
 
 REVISED ORDINANCES,—Enactment of . . 65 
 
 RIDING AND DRIVING RAPIDLY IN STREETS,—Penalty for 108 
 RIDING,—Immoderate in streets, power to prevent . . 28 
 
 RIOT, &c.—To prevent and suppress . . . . .28 
 
 ROAD LABOR,—Outside of city limits, inhabitants exempted from 59 
 SALARY,—Of mayor ...... 134 
 
 SALARIES,—Of officers, how paid . . . 58 & 135 
 
 Not to be increased during term of office . 135 
 
 SALE BOOK,—How kept . . . . . .44 
 
 SALES FOR TAXES,—How conducted ; 44 
 
 May be continued from day to day . . .45 
 
 Process authorizing .... 36 
 
 Record to be kept . . . . .44 
 
 Proceeds of to be paid over ... 44 
 
 Valid, tho’ assessed in wrong name . , .45 
 
 And redemption, evidence of ... 45 
 
 SCHOLARS,—In public schools, respecting age of . . .138 
 
 SCHOOLBOOKS,—For poor children .... 138 
 
 Pupils compelled to furnish .... 137 
 
 Regulations respecting .... 137 
 
 Buildings, furniture, &c., penalty for defacing . 141 
 
 Commissioner to pay money to city treasurer . 54 
 
 District Warsaw, how may be extended . . 59 
 
 Holidays, what days .... 136 
 
 Money to be loaned . . . . ,56 
 
 Year, how divided into terms . . . 136 
 
 Year, when to commence .... 136 
 
 SCHOOLS,—Course of study in . , . . 138 
 
 Examination of ..... 137 
 
 Ordinance in relation to . . . 53 
 
 SCUTTLES IN ROOFS,—Power to require . . .51 
 
 SEAL,—Corporate, who shajl keep .... 24 
 
 Of city ...... 141 
 
 SECURITY,—Additional, may be required from debtors to school fund !f7 
 

 m 
 
 IN»EX, 
 
 * \ . i 
 
 • \ 
 
 SETTLEMENT,—With officers to be made when 
 
 SEWERS, BRIDGES, &c. 
 
 Petition for, power to establish 
 Power to borrow money for construction oi 
 Private, to be made on order of the council 
 for, power to establish 
 SHADE TREES .... 
 
 Ordinance relating toj . 
 
 SIDEWALKS,— Assess* - N her buil 
 By whom to 5u>It 
 City council may' f 
 
 City supervisor, tc. -up end laying vf 
 
 Form of order to la . . . , 
 
 Form of notice ... 
 
 Grade of , 
 
 How to be built 
 Notice by supervisor torm of 
 Notice of order to be divert by clerk . 
 
 Obstructions of * . . . . 
 
 Order for, to be delivered to supervisor 
 Order to build b v or. il, when owner neglects 
 Penalty for build; contrary to order 
 Penalty for driving over .... 
 
 Penalty for incumber; g . 
 
 Penalty for not keeping clear 
 Penalty for not keeping in repair 
 Supervisors, report respecting 
 Supervisors, duty in relation to 
 Supervisor, to keep account of expense of 
 To be made on order of council 
 
 SIDE AND CROSS WALKS,—Power to require built 
 SOAP FACTORIES,—Power to remove 
 SPECIAL MEETINGS,—No vote to be reconsidered at 
 STATEMENT OF FINANCES,—To be made by clerk . 
 
 STEALING AT FIRES,—Persons suspected of may be arrested 
 STOVE PIPES, &c.—Regulations in relation to . ; 
 
 STREETS, ALLEYS AND HIGHWAYS,—Power over 
 STREETS AND ALLEYS,—Names to be designated by city council 60 
 Opening and repairing, supervisor’s duty . . 25 
 
 Power to lay out, widen, &c. . » ,30 
 
 STREETS,—Assesment to pay for Me Adam . . « 148 
 
 Bonds, proceeds of, how applied , . • 148 
 
 City clerks, duties respecting » . . 159 
 
 City council to grade ..... 147 
 
 City engineer’s duty respecting . . . 148 
 
 Crossings, penalty for obstructing , . - 113 
 
 Labor, how warned out . . . 59 
 
 Lighting ...... 27 
 
 Macadamedj how repaired . , 149 
 
 155 
 26 
 
 34 
 
 35 
 35 
 
 34 
 27 
 
 156 
 
 145 
 
 144 
 
 142 
 
 142 
 
 142 
 
 143 
 147 
 
 142 
 
 143 
 
 142 
 26 
 
 143 
 
 144 
 147 
 113 
 112 
 113 
 147 
 
 145 
 
 25 
 145 
 
 35 
 
 34 
 
 29 
 
 10 
 
 155 
 
 80 
 
 81 
 
 26 
 
INDEX. 
 
 1 
 
 STREETS,'—Macadamed, how to be paid for 
 
 Mayor, may borrow money to Macadam . 
 
 Penalty for obstructing 
 
 Penalty for not working, to be collected as tax . 
 Proceedings in laying out and in condemning land 
 To prevent incumbering .... 
 When blocked, iegulations concerning 
 STREET TAXES,—Form of notice by supervisor 
 How collected, when not worked out 
 May be collected by suit • 
 
 Supervisor to give notice . 
 
 To be expended in wards where paid 
 
 Who to be assessed against ... . 
 
 STUD HORSES, &c. 
 
 SUITS,—By board of education ..... 
 
 By city, form of .... 
 
 For school interest, in whose name to be brought 
 Matters in, to remain in force . . . 
 
 SUMMONS,—First process for suits for breach of ordinance 
 SUNDAY,—Disturbing peace ... 
 
 SURVEYOR AND ENGINEER,—Duty of . 
 
 TAX,—Assessment and levy of 1858 legalized 
 
 For general purposes, power to levy 
 For school purposes, power to levy . 
 
 Power to levy for railroad purposes 
 
 Receipts for subsequent taxes on lands sold for taxes, 
 
 to be presented to clerk 
 School house . 
 
 Special, to be used only for the purposes for which 
 levied ...... 
 
 TAX,—To pay interest on improvement bonds, to be deemed a spe¬ 
 cial tax ..... 
 
 147 & 149 
 148 
 
 „ 110 
 
 59 
 31 
 27 
 
 . 112 
 
 150 
 151 & 152 
 152 
 . 150 
 
 60 
 
 . 149 
 
 106 
 . 56 
 
 61, 
 57 
 61 
 61 
 107 
 24 
 66 
 36 
 54 
 
 36 
 
 46 
 
 37 
 
 36 
 36 
 
 TAXES AND ASSESSMENT,—A lien on land . . .36 
 
 TAXES,—Extending of fraction of cent rejected in . . 45 
 
 For school purposes, how levied and collected . 5S 
 On part of a tract, may be received when . 41 
 
 When a lien on personal property . . .39 
 
 When and how levied . . . . 39 
 
 When levied, a lien on real estate . . .39 
 
 When paid to clerk .... 44 
 
 TAX FUND, &c.—To be paid on order of board of education . 58 
 
 TAX LIST,—Advertisement of, what shall contain . . 42 
 
 Delinquent, to oe published . • . .42 
 
 Proceedings, in county court ... 42 
 
 When and how to be returned - - .41 
 
 TEACHERS,—Agreement with • . . , 139 
 
 Joard of education, to prescribe duties of . . 55 
 
 Duties of ..... 140 
 
 Examination of, power respecting "• . 65 
 
 Meetings ...... 140 
 
 To file schedule . . . ' .137 
 
176 
 
 1'NDEX. 
 
 TEAMS, &c.—Left unfastened, penalty for 
 Passing, to keep to right 
 
 TIE VOTES,—How decided .... 
 
 TR ACTS,—Sold in error, proceedings in relation to . 
 TRANSIENT TRADERS,—Regulations respecting 
 TREASURER,—Duty of in relation to enumeration of children 
 Duty of when debtor of school fund dies 
 TREASURER OF BOARD OF EDUCATION,—Books of 
 Fees, ...... 
 
 Liable on his bond .... 
 
 Report of .... 
 
 To give bond and have custody of papers, &c. 
 
 Form of bond ..... 
 
 To loan money .... 
 
 When term expires to pay over moneys, &c. 
 
 TUITION,—How fixed. 
 
 UNLAWFUL ASSEMBLAGE,—Penalty for 
 VACANCY,—In office of Mayor or Alderman, how filled 
 What filled by appointment 
 
 VAGRANCY,—How punished .... 
 
 VAGRANTS, &c—Power to confine 
 
 Power to punish .... 
 
 Who deemed ..... 
 VOTERS,—Exempt from anest 
 
 Oath required of ... 
 
 Qualifications of . 
 
 VOTERS,—Who are : 
 
 VOTING,—Double, how punished - 
 
 Illegal, how punished - 
 
 WAGONS & DRAYS,—License - 
 
 WARDS,—Division of city into - 
 
 How represented - 
 
 WAREHOUSE BUSINESS,—Power to prohibit railroad companies 
 
 from doing ----- 
 
 WARRANTS,—By whom signed * •» 
 
 WARSAW,—School district, limits of - 
 WATCHMEN,—Appoiutment of - 
 
 How and when appointed « 
 
 WATER COURSES,—. 
 
 Penalty for allowing to spread over - ** 
 
 Regulations respecting ---- 
 WEIGHER’S CERTIFICATE,—Penalty for altering - 
 WEIGHER.—Power to appoint - 
 
 WEIGHING,—Rales for, amended - - - - 
 
 WEIGHTS AND MEASURES,— - 
 WHARF,—Regulations, power to make - 
 
 WHARFAGE,-Rates of - 
 
 Suits to be instituted for, when 
 
 WITNESSES,—•Power to compel attendance of 
 WITNESS FEES,—When paid - 
 'WORK HOUSE,—Power to establish 
 
 108 
 . 108 
 21&76 
 . 44 
 152 
 53 
 . 57 
 
 56 
 . 56 
 
 57 
 , 57 
 
 55 
 . 55 
 
 57 
 „ 58 
 136 
 . 105 
 21 
 
 . 21 
 107 
 . 29 
 
 28 
 . 107 
 22 
 
 22 & 75 
 . 21 & 22 
 74 
 
 - 77 
 - 22 & 77 
 
 - 96 
 - 20 & 157 
 
 20 
 
 30 
 
 - 24 
 52 
 
 - 20 
 129 
 
 - 25 
 
 - 113 
 
 - 26 
 
 127 
 
 - 28 
 161 
 - 28 
 
 6 
 
 158 & 159 
 159 
 
 - 21 
 132 
 . 29 
 
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