REVISED CHARTER. A-^^ A^C T TO KEDUCK THE CHARTEK 01' Tli; CITY OF CHICAGO i I SEVERAL ACTS AMENDATORY THEREOF INTO ONE ACT, KEVISE THE 8A M E APPROVED FEBRUARY lP>tli, 1863. CHICAGO: V. itouN'DS, BOOK .Avo luc pva\Ti:i;. i,; state street. \ PA.RT FIRST. CITY CHARTEPi AND OTHER ACTS OP THE GENERAL ASSEMBLY OF THE STATE OF ILLINOIS. Digitized by the Internet Archive in 2010 with funding from CARLI: Consortium of Academic and Research Libraries in Illinois http://www.archive.org/details/revisedcharteracOOchic CHARTER OF THE CITY OF CHICAGO. AN ACT to reduce the Charter of the City of Chicago, and the several Acts amendatory thereof, into one Act, and to revise the same. CHAPTER I. City and Ward BorNDARiES. II. Officers : Their Election axb Appointment. III. Powers and Duties of Officers. IV. The Common Council: Its General Powers and Duties. V. The Treasury Department. VI. The Board of Public Works, VII. Public Improvements and Special Assessments. VIII. Of Taxation. IX. Collection of Taxes and Assessments, X. The Police Department, XI. The Police Court. XII. The Fire Department. XIII. Schools and School Fund. XIV. The Reform School. XV. Chicago Water Works. XVI, Chicago Sewerage Works, XVII. Miscellaneous ani> Suppi^ementary. Beit enacted hy the People of tJie State of Illinois^ repre- sented in the (Jeneral Assembly : CHAPTEE I, CITY AND WARD BOUNDARIES. Section Section 1. Inhabitants incorporated; name and 3. Three Divisions established; tbsir powers of the Corporation. boandarien. 2. Corporate limits established. 4, Division into Wards. Section 1. The inhabitants of all that district of country ^^Xb^*' in the county of Cook and State of Illinois contained within CITY CHARTER. the limits and boundaries hereinafter prescribed, shall be a body politic under the name and style of the City of Chicago ; and by that name sue and be sued, complain and defned, in any court; make and use a common seal and alter it at pleasure; and take and hold, purchase, lease and convey such real and personal or mixed estate as the purposes of the corporation may require, within or without the limits afore- Corporate imits. Notth divi- sion. South divi- sion. West divi- sion. Division into (sixteen wards. said. Sec. 2. The corporate limits and jurisdiction of the city of Chicago shall embrace and include within the same all of township thirty-nine north, range fourteen east of the third principal meridian, and all of sections thirty-one, thirty-two, thirty-three, and fractional section thirty-four in township forty north, range fourteen east of the third principal meri- dian ; together with so much of the waters and bed of lake Michigan as lies within one mile of the shore thereof and east of the territory aforesaid. Sec. 3. All that portion of the aforesaid territory lying north of the centre of the main Chicago river and east of the centre of the north branch of said river, shall constitute the North Division of said city ; all that portion of the aforesaid territory lying south of the centre of the main Chicao-o river and south and east of the centre of the south branch of said river and of the Illinois and Michigan canal, shall constitute the South Division of said city ; and all that portion of the aforesaid territory lying west of the centre of the north and south branches of said river and of the Illinois and Michigan canal, shall constitute the West Divi- sion of said city. Sec. 4. The city of Chicago shall be divided into sixteen wards, as follows : First Ward. All that part of the South Division of said city which lies south of the centre of the main Chicago river and north of the centre of Monroe street, shall be de- nominated the first ward. Second Ward. All that part of the South Division of CITY AND WARD BOUNDARIES. said city which lies south of the centre of Monroe street and north of the centre of Harrison street, shall be denom- inated the second ward. Third Ward. All that part of the South Division of said city which lies south of the centre of Harrison street and north of the centre of Sixteenth street, shall be denom- inated the third ward. Fourth Ward. All that part of the South Division of said city which lies south of the centre of Sixteenth street, and east of the centre of Clark street and a line corres- ponding with the centre of the last named street projected southerly to the city limits, shall be denominated the fourth ward. Fifth Ward. All that part of the South Division of said city which lies south of the centre of Sixteenth street, and west of the centre of Clark street and a line corres- ponding to the centre of the last named street projected southerly to the city limits, shall be denominated the fifth ward. Sixth Ward. All that part of the West Division of said city which lies south of the centre of Van Buren street, and east of the centre of Jefferson street continued to the south branch of the Chicago river, shall be denominated the sixth ward. Seventh Ward. All that part of the West Division of said city which lies south of the centre of Van Buren street, west of the centre of Jefferson street continued to the south branch of the Chicago river, and east of the centre of Mor- gan street continued to the south branch of the Chicago river, shall be denominated the seventh ward. Eighth Ward. All that part of the West Division of said city which lies south of the centre of Van Buren street, and west of the centre of Morgan street continued to the south branch of the Chicago river, shall be denominated the eio'hth ward. o Ninth Ward. iUl that part of the West Division of said CITY CHARTER. city which lies south of the centre of Fourth street, west of the centre of Curtis street and Aberdeen street, and north of the centre of Van Buren street, shall be denominated the ninth ward. Tenth Ward. All that part of the West Division of said city which lies south of the centre of Randolph street, east of the centre of Curtis street and Aberdeen street, and north of the centre of Van Buren street, shall be denominated the tenth ward. Eleventh Ward. All that part of the West Division of said city which lies south of the centre of Fourth street, east of the centre of Curtis street, and north of the centre of Randolph street, shall be denominated the eleventh ward. Twelfth Ward. All that part of the West Division of said city which lies north of the centre of Fourth street continued to the north branch of the Chicago river, shall be denominated the twelfth ward. Thirteenth Ward. All that part of the North Division of said city which lies north of the centre of North avenue, shall be denominated the thirteenth ward. Fourteenth Ward. All that part of the North Division of said city which lies south of the centre of North avenue and north of the centre of Division street, shall be denomi- nated the fourteenth ward. Fifteenth Ward. All that part of the North Division of said city which lies south of the centre of Division street, and north of the centre of Huron street continued to lake Michigan and to the north branch of the Chicago river, shall be denominated the fifteenth ward. Sixteenth Ward. All that part of the North Division of said city which lies south of the centre of Huron street continued to lake Michigan and to the north branch of the Chicago river, and north of the centre of the main Chicago river, shall be denominated the sixteenth ward. OFFICERS: THEIR ELECTION AND APPOINTMENT. CHAPTER II. OFFICERS: THEIR ELECTION AND APPOINTMENT. Section Section 1. OfBcers composing the city government. 14. Inspectors of election, how appointed. 2. Division of wards into election districts. 15. Bridge-tenders, bridewell keeper, and 3. Time of municipal election; publication bellmen, how appointed. of notice. 16. OfBcers appointable by the mayor with 4. Commencement of term of office. the advice of the council ; their term 5. OflBcers elected by the people ; their of office ; appointments to fill vacan- termofoflSce. cies. 6. Election of aldermen and constables. 17. Officers removable by the council ; 7. Wards entitled to two aldermen; their charges to be preferred; mode of term of office; divided into classes; trial. vacancies, how created and filled. 18. Vacancy in office of mayor; other va- 8. A tie to be determined by lot. cancies. 9. Board of public works and board of po- 19. Official bonds, when to be filed ; no city lice ; election of commissioners ; their officer to be taken as surety. term of office; vacancies, how sup- 20. Who qualified to hold office; special plied ; qualification of commissioners. disability. 10. Removal of commissioners; mode of 21. Elections, how conducted; opening and procedure. closing of the polls ; returns ; clerk to 11. Board of education, how constituted; notify persons elected. election of inspectors and their term 22. Qualification of electors; challenge; oath of office. to be taken. 12. Guardians of reform school ; their ap- 23. Electors, when exempt from arrest ; il- pointment and term of office. legal voting punishable. 13. Assessors; their qualification and ap- pointment. Section 1. The municipal government of the city shall officers of ■•^ o ./ city govern- consist of a common council, composed of the mayor, and ™*^°^- two aldermen from each ward. The other officers of the corporation shall be as follows : A clerk, a comptroller, a board of public works, a city engineer, a board of police, a superintendent of police, a school agent, a board of education, a superintendent of schools, a board of guardians of the reform school, a com- missioner of the reform school, a counsel to the corporation, a city attorney, a treasurer, a collector, a city physician, a board of assessors, two or more police justices, a clerk of the police court, one chief, and a first and second assistant engi- neers of the fire department, one or more harbor masters, one inspector of fish, three inspectors of elections for each ward or election precinct, and as many bridge-tenders, fire- men, constables, policemen, sealers of weights and measures, inspectors, measurers, weighers, gangers, keepers and assist- CITY CHARTER. Election dis- tricts. Elections for state, county and town of- ficers. ants of workhouses, hospitals and bridewell or house of cor- rection, bellmen, and such other officers and agents as may be provided for by this act or the common council may, from time to time, direct. Sec. 2. The common council may divide the wards of said city into so many and such convenient election districts as to the said common council shall seem proper. Each ward or district shall constitute an election precinct, and the in- spectors of election and the places for holding elections therein, for city, town, county and state officers, shall be appointed by the common council. All elections for state, county and town officers in said wards and precincts shall be conducted, and returns thereof made to the county or town clerk, as provided by the law regulating state, county and town elections. And whenever at any election it shall appear that there have been more than six hundred votes polled in any election precinct, it is hereby made the duty of the common council, at least two months before the re- currence of another election, to divide such precinct into two or more districts, and appoint places for holding elections therein. Sec. 3. The municipal election in said city shall be held on the third Tuesday of April in each year, at which time there shall be elected by the qualified voters of said city, all officers to be elected at the general municipal election. Six days' previous public notice of said election shall be given by the city clerk, by publication in one or more newspapers published in said city, and no special election shall be here- after held in said city, for the election of city officers, except as in this act provided. Sec. 4. The municipal officers to be chosen at the annual election, shall enter upon the duties of their respective offices on the first Monday of May succeeding their election. Sec. 5. The mayor, city attorney, treasurer, collector, clerk of the police court, and chief and first and second assist- ant engineers of the fire department shall be elected by the Municipal election. Notice of election. Commcnco- nient of mu- nicipal year. Officers elect- ed by the people. OFFICERS : THEIR ELECTION AND APPOINTMENT. 9 people, and shall hold their respective offices for the term of two years, and until their successors shall be elected and qualified. The person having the highest number of votes cast in the whole city for either of such offices, shall be de- clared elected. Sec. 6. At the annual municipal election, the electors in ^fby iS' their respective wards shall vote for one alderman and one constable, and the persons receiving the highest number of votes cast in the ward for such offices respectively, shall be declared elected. Sec. 7. The several wards of the city shall be respective- Aidermeji •^ -■■ elected for ly represented in the common council by two aldermen, who ^''^'^ ^''^^^''^■ shall be residents thereof, and who shall, except as herein otherwise provided, hold their offices respectively for two years from and after the first Monday in May next succeed- ing their election. They shall be divided into two classes, Dmded into each class consisting of one alderman from each ward. The seats of the first class shall be vacated at the end of the first year, and of the second class at the expiration of the second year, so that one alderman from each ward may be annually elected. In all cases where two aldermen are to be chosen from the same ward at any annual election, the alderman having the hio-hest number of votes shall be declared elected for two years, and the candidate having the next highest number of votes, for one year ; and in case of the two successful candidates having an equal number of votes, the term of service to which they shall be respectively enti- tled, shall be determined by the casting of lots in the pre- sence of the common council, and the result shall be entered upon their proceedings. If any alderman remove from the vacancies ■•• -"^ ^ "^ how created ward represented by him, or shall engage or continue in any ^^'^ ^^^*^'^- service, business or employment causing a continuous ab- sence from the city for more than four months, his office shall thereby become vacant ; and whenever any vacancy shall occur in the office of any alderman, the common coun- cil shall, within ten days after the happening of such vacan- 10 CITY CHARTER. cy, order a new election, provided that more than six months of the term shall then remain unexpired. dded.^*'^'^'^" Sec. 8. Whenever there shall fail to be an election of any officer voted for by the people, in consequence of two or more candidates receiving the highest and an equal number of votes for the same office, the election shall be determined by the casting of lots in the presence of the common coun- cil, and the result shall be entered upon their proceedings. Board of pui> gj;c. 9. The board of public works and the board of po- lic works and ^ ^ lice^howco^ Hcc shall cach consist of three commissioners, in addition to stituted. ^jjg mayor, who shall be chosen by the people, one from the North, one from the South, and one from the West Divisions of said city. The person having the highest number of votes in the whole city for either of such offices shall be declared Term of of- elcctcd. Said commissioners, when elected, shall hold their fice. _ ' ' ^ office, the commissioners of the board of public works for the term of six years, and the police commissioners for the term of three years, and until the election and qualification of their successors. The term of office of one commissioner of each board shall expire every year and every second year respectively, so that one commissioner shall be elected to the board of police every year and to the board of public works every second year from the division of the city in which the commissioner resides whose term of office expires. Should how^fiued' ^ vacancy occur, it shall be filled by appointment by the mayor, with the advice and consent of the common council of said city, until the next regular city election, when the qualified voters of said city may, as in other cases, fill such vacancy by an election of a successor, who shall hold his office for the unexpired term ; said commissioners shall be elected in the same manner as is provided for the election of general city officers, by general ticket, by the qualified ?f"commiv°' voters of the whole city ; and no person shall be elected a commissioner of either of said boards, unless he has been a resident of said city at least three years, and a resident free- OFFICERS : THEIR ELECTION AND APPOINTMENT. 11 holder in the division of said city for which he is elected at least one year immediately preceding his election. Sec. 10. Any commissioner of the board of public works J^orS\on. or of the board of police, may at any time be removed from ^"' office for any misdemeanor, malfeasance or delinquency in office, by the judge of the circuit court of Cook county, on charges in writing, to be presented against him by the mayor or the common council. On the hearing before said judge, f^^f p"""" witnesses may be produced and sworn, both in support of the allegations and against them. Five days' notice shall be given to such member, by service of a copy of such charges. The judge may proceed to hear such allegations, either in term time or in vacation, and may adjourn such hearing from time to time. No member of either of said boards shall perform any duties as such member, while such allegations are pending against him. Sec. 11. The board of education shall consist of fifteen ^"t^^J^^.t"" school inspectors, to be elected by the common council, on constituted. or before the first Monday of June next. The said board shall be divided into three classes, of five members each; those of the first class shall vacate their seats at the expira- tion of the first year ; those of the second class at the expi- ration of the second, and those of the third class at the expiration of the third year ; and the common council shall Sonl^anlr' annually, on or before the first Monday of June, elect five ^™° ° inspectors to succeed those whose term of office expires. The inspectors so elected shall hold their offices for three years from the said first Monday of June. Sec. 12. The board of guardians of the reform school CTimrdians of o refonn shall consist of the comptroller and six guardians, to be ap- ^^^^*^'^^- pointed by the mayor, by and with the advice and consent of the common council. Said board shall be divided into three classes of two members each ; those of the first class shall vacate their seats at the expiration of the first year ; those of the second class at the expiration of the second, and those of the third class at the expiration of the third 12 CITY CHARTER. Their ap- year. There shall be appointed annually, on or before the pointment '' ^ ^ '' office*''™ °^ ^^®* Monday of June, two guardians to succeed those whose term of office expires. The guardians so appointed shall hold their offices for three years from the said first Monday of June, and until the appointment and qualification of their successors. Assessors gj;c_ 13^ Tj^g board of assessors shall consist of three as- their qualifl- appohitoent. scssors, wlio sliall be freeholders in said city, one from each of the three divisions of the city, who shall be appointed on the second Monday of May in each year, or as soon there- after as may be, and continue in office one year. The com- mon council may increase the number of assessors so that said board shall consist of two members from each division of the city, if they think proper. eiSn!'^^ °^ Sec. 14. The inspectors of election shall be appointed an- nually by the common council, at least ten days before the annual municipal election. Sildtride- ^^^' 1^- ^^ bridge-tenders, keepers and assistants of weu keeper, ^ork-liouscs, bridewcll or house of correction, and bellmen, shall be appointed annually, by the mayor, and shall be re- movable at the pleasure of the mayor or common council. :vis!^thek Sec. 16. All other officers mentioned in this act, and not pcdntm.nf' othcrwisc Specially provided for, shall be appointed by the -^ce. mayor, by and with the advice and consent of the common council, biennially, on or before the second Monday of May, or as soon thereafter as may be, and shall respectively con- tinue in office two years from the said second Monday of May, and until the appointment and qualification of their ?Scie*8°^^^ successors. Officers elected or appointed to fill vacancies, shall respectively hold for the unexpired term only, and un- til the election or appointment and qualification of their successors. SoS'^ffice ^^^* ^^^' ^^'^^1 person appointed to any office by the common council, or by the mayor with the advice and con- sent of the common council, and every person elected to any office by the people, for whose removal from office no other OFFICERS: THEIR ELECTIOX AND APPOINTMENT. 13 provision has been specially provided by this act, 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 pSfrld?^" shall be removed except for cause, nor unless furnished with the charges and heard in his defense, and the common coun- cil shall have power to compel the attendance of witnesses and the production of papers when necessary for the pur- poses of such trial, and shall proceed, within ten days, to '^^^^' hear and determine upon the merits of the case, and if such officer neglect to appear and answer to such charges, then the common council may declare the office vacant ; and any Suspension. officer may be suspended until the disposition of charges, when preferred. Sec. 18. When any vacancy shall happen by death, re- mlToImaj- signation, removal or otherwise, in the office of mayor, such ^^' vacancy shall be filled by a new election, and the common council shall order a new election within ten days after the happening of such vacancy, provided more than six months of the term shall then remain unexpired. Any vacancy ^^^''^ ^^*^^^' occasioned by the death, removal, resignation or refusal to serve, of any other city officer elected by the people, or ap- pointed by the mayor with the advice and consent of the common council, may be filled by appointment by the may- or, with the advice and consent of the council, except in cases where a different provision is herein specially made for filling such vacancy. The common council, with the like excep- tion, may fill any vacancy occurring in any office, to which, by this act, they have the power of election or appointment. Sec. 19. All city officers who are required, by the provi- SS.\vhen sions of this act, or by any legal ordinance passed by the ^"^ ^"^ ^^^'^' common council, to give bonds for the faithful performance of their official duty, shall file their bonds with the city clerk within fifteen days after their election or appointment, and he shall record the same, when approved, in a book kept for that purpose. When bonds are not filed with the city clerk within fifteen days after the votes shall have been offi- 14 CITY CHARTER. cially canvassed, or after the appointment shall have been made, the person so in default shall be deemed to have re- fused said office, and the same shall be filled by appointment as in other cases. If, in any case, any official bond so filed, shall not be approved, the officer filing the same shall fur- nish a new and satisfactory bond within fifteen days after such disapproval, and in case of failure so to do, he shall be deemed to have refused said office, and the same shall be cS-tobe^tfk- filled as above provided. No alderman or other city officer en as surety, ^j^^jj ^^ taken as sui^cty upon any bond, note or other obli- gation made to the city. No city officer, required to give bond as aforesaid, shall enter upon the discharge of the du- ties of his office until such bond shall have been filed and approved as by this act provided. Edibility to gEc. 20. All citizcus of the United States, qualified to vote at any election held under this act, shall be qualified to hold any office created by this act, except in cases where a difi'erent provision has been herein especially made, but no feuuer to- person shall be eligible to any office or place under this or qualified. ^^^ othcr act in relation to said city, who is now or may hereafter be a defaulter to said city, or to the State of Illi- nois, or any county thereof; and any person shall be con- sidered 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 which may have come into his possession. And if any person holding any such office or place shall become a defaulter whilst in office, the office or place shall thereupon become vacant. hiw conduct- ^^^* ^^- ^^^ manner of conducting and voting at elec- ^^- tions to be held under this act, and contesting the same, the keeping of the poll lists, canvassing of the votes and certi- fying 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 council shall have power to regu- late elections. The voting shall be by ballot, and the officers: their election and appointment. 15 inspectors of elections shall take the same oath and shall have the same power and authority as inspectors of general elections. The polls shall be opened by the inspectors at fo^"e'openSi eight o'clock in the morning, and kept open until seven ^^^ '^^°^^*^' o'clock in the evening, and every violation of this provision shall subject the inspectors so offending to a penalty of one hundred dollars. After the closing of the polls, the ballots shall be counted in the manner required by law, and the returns shall be returned sealed to the city clerk within three Returns, days after the election, and thereupon the common council shall meet and canvass the same, and declare the result of the election. It shall be the duty of the clerk to notify all fgrseiec'ted^" persons elected or appointed to office, of their election or appointment, and unless such persons shall respectively qual- ify within fifteen days thereafter, the offices shall become vacant. Sec. 22. No person shall be entitled to vote at any elec- S^^Sf^*'^ tion under this act, who is not entitled to vote at state elections, and has not been a resident of said city at least six months next preceding the election ; he shall moreover have been an actual resident of the ward or election precinct in which he votes, for thirty days previous to the election, and if required by any person qualified to vote thereat, shall take the following oath befare he is permitted to vote : Pro- vided, that the voter shall be deemed a resident of the ward in which he is accustomed to lodge : "I swear, (or affirm,) that I am of the age of twenty-one years, that Oath. I am a citizen of the United States, (or was a resident of this state at the time of the adoption of the Constitution,) and have been a resident of this state one year, and a resident of this city six months immedi- ately preceding this election, and am now, and have been for thirty days last past, a resident of this ward, (or election precinct,) and hare not voted at this election," And if required by any legal voter, such voter shall also q^^J^J "{J"^ swear or affirm to his place of residence^ specifying the par- Jiacf of^Ssi- ticular place and house in which he resides, and stating how '^'^^^^' long he has there resided, and his business or employment, 16 CITY CHARTER. and if he has not resided in such house for thirty days im- mediately preceding such election, he shall state where and in what house he has resided for the last thirty days. No further evidence of the right to vote shall be required in any case, at any municipal or other election. Sec. 23. The persons entitled to vote at any election held under this act, shall not be arrested on civil process within said city upon the day on which said election is held, and all persons illegally voting at any election under this act, shall be punishable according to the laws of this state. Exemption from arrest on election day. Illegal vot- ing. CHAPTER III. POWERS AND DUTIES OF OFFICERS, Section. 1. Oificers to be sworn before entering upon their duties. 2. Duties of mayor ; his salary ; shall be a member ex-ofRcio of the boards of police and public works ; may admin- ister oaths. 3. Veto power of maj-or. 4. Acting mayor, when and how appointed. 5. Members of the council, ex-officio fire wardens and conservators of the peace ; exempted from j ury duty. G. Clerk to keep seal and records; certi- fied copies made evidence ; may ad- minister oaths. 7. Duties of counsel to the corporation and city attorney. 8. Duties of assessors. 9. Duties of harbor master. 10. Duties of fish inspector. 11. Coustables to give bond; their liabili- ties ; powers. Oath of office Mayor's du- ties. Section. 12. Duties of city physician. 1.3. Other duties of officers may be pre- scribed by council ; their compensa- tion and Ijonds. 14. Certain officers to give bond; condi- tions thereof. 15. Corporation newspaper; publication of ordinances and other proceedings. 16. Refusal to deliver oflScial papers; penalty. 17. Officers to be commissioned by war- rant. 18. Salaries to be established by coimcil. 19. Fees received by salaried ofiBcers to be liaid into the treasury. 20. Payment of salaries. 21. Recorder's salary. 22. Guardians cif reform school ami mem- bers of board of education to serve Avithout compensatiim ; not to be in- terested in contracts. Sectiox 1. Every person chosen or appointed to an ex- ecutive, judicial, or administrative office under this act, shall, before he enters on the duties of his office, take and sub- scribe the oath of office prescribed in the constitution of this state, and file the same, duly certified by the officer before whom it was taken, with the city clerk. Sec. 2. The mayor shall preside over the meetings of the common council and take care that the laws of the state and POWERS AND DUTIES OF OFFICERS. . 17 the ordinances of the city, are duly enforced, respected and observed, and that all other executive officers of the city discharge their respective duties. He shall, from time to time, give the common council such information, and recom- mend such measures, as he may deem advantageous to the city. He shall have a salary of thirty-five hundred dollars salary, per annum in full compensation of all official services de- volved upon him by this or any subsequent act. He shall be a member ex-officio of the board of police and of the board mem^eTof of public works, and shall be clothed with all the power and iJcrancrpK authority and be subject to all the general duties and re- ^'^^°''^^- sponsibilities of a commissioner of each of said boards : Pro- vided, however, that he shall not act as a commissioner of the board of public works in making any special assessment for any public work or improvement, nor shall he be required to give a bond to the city as a member of either of said boards. The mayor shall likewise have power, ex-officio, to J^JJ. ^^^^' administer any oath authorized to be taken by the laws of this state. Sec. 3. Every act, ordinance or resolution, passed by the Mayor's veto common council, before it shall take effect and within five days after its passage, shall be presented, duly certified by the city clerk, to the mayor for his approbation. If he ap- prove, he shall sign it, if not he shall return it with his objections in writing to the city clerk, and the clerk shall submit said objections to the common council at their next regular meeting, who shall enter said objections upon their record, and proceed to reconsider the matter, and if, after such reconsideration, two-thirds of all the members elected shall agree to pass the same, it shall take effect as an act or law of the corporation. If the mayor shall not return any act, ordinance or resolution so presented to him, within five days, it shall take effect in the same manner as if he had signed it. Sec. 4. In case of a vacancy in the office of mayor, or of vacancy in •^ t/ 7 ofince of may- his being unable to perform the duties of his office, by reason °'^' 2 18 CITY CHARTER. of absence or sickness, the common council shall appoint by ballot one of their number to preside over their meet- ings, whose official designation shall be acting mayor. And Acting may- ^j^^ alderman so appointed shall be vested with all the powers and perform all the duties of mayor until the mayor shall resume his office, or the vacancy be filled by a new election. cJuudrto be ^^^* ^' ^^^^ members of the common council shall be fire fire wardens, ^^rdcus and couscrvators of the peace, and shall be exempted Exemption, fj^om jury duty during their term of office. hi?dutS' Sec. 6. The clerk shall keep the corporate seal, and make a record of the proceedings of the common council, at whose meetings it shall be his duty to attend ; and copies of all papers duly filed in his office, and transcripts from the rec- ords of the proceedings of the common council certified by him under the corporate seal, shall be evidence in all courts, in like manner as if the originals were produced. He shall also have power to administer any oath authorized to be taken by the laws of this state. the^oTOora. Sec. 7. The counscl to the corporation shall be the chief attorney, '^'^^ officcr of the law department of the city. He shall, with their duties, ^j^^ assistauco of the city attorney, and subject to the direc- tions of the comptroller, conduct all the law business of the corporation and of the departments thereof, and all other law business in which the city shall be interested, when so ordered by the corporation. Said officers shall hold their office in such place as the city may provide, and, when re- quired, shall furnish written opinions upon subjects submit- ted to them by the mayor or common council, or any other department of the municipal government. The city attor- kee°*^a^dock- ^^J shall keep a docket of all the cases to which the city ^*- may be a party in any court of record, in which shall be briefly entered all steps taken in each cause, and which shall, at all times, be open to the inspection of the mayor, comp- troller, or any committee of the common council. It shall also be the duty of said officers to draft all ordinances, bonds, contracts, leases, conveyances, and such other instruments POWEHS AND DUTIES OP OFFICERS. 19 of writing as may be required by the business of the city ; to examine and inspect tax and assessment rolls, and all pro- ceedings in reference to the levying and collection of taxes and assessments ; and to perform such other duties as may be prescribed by the charter and ordinances of the city. Sec. 8. The board of assessors shall perform all the du- Assessors, their powers ties in relation to the assessing of property, for the purpose an^ duties. of levying the taxes imposed by the common council. In the performance of their duties they shall have the sam_e powers as are or may be given by law to county or town as- sessors, and be subject to the same liabilities. Sec. 9. It shall be the duty of the harbor master to en- ^^^"^^^^^ J^Jf force all ordinances, and provisions of this act, in relation *^^^" to the harbor. Sec. 10. It shall be the duty of the fish inspector to in- ^^1^1,^." spect all pickled or salted fresh-water fish sold or received *^^^' for sale, or on consignment, in the city of Chicago. Any person or persons bringing or causing to be brought to the city of Chicago, for the purpose of sale, any fresh-water fish, shall have the same duly inspected by the said inspec- tor before such fish shall be sold or in any way disposed of; and it shall be the duty of every person having such fish in his possession, for the purpose of selling or of dealing in the same, and of every consignee having fish on consignment, before the said fish shall be sold or in anywise disposed of, to give notice to the inspector, and have such fish duly in- spected and branded ; and for this purpose, such person shall arrange the packages in a convenient manner, and have them in some suitable place. It shall be the duty of the inspector, on due application of any person or persons hav- ing such fish in possession, to repair to the place of deposit of such fish, if the same shall be within the limits of the city of Chicago, and inspect the same with as little delay as pos- sible. The said inspector shall procure sealed weights, and carefully weigh all fish offered for inspection ; and to entitle said inspector to grant a certificate of due inspection, or to 20 CITY CHARTER. brand the packages as duly inspected, he shall first find that the contents and weights of the several packages are as fol- weight of iQ^g yi2 : Each barrel shall contain 200 lbs. ; each half packages. " ' barrel shall contain 100 lbs. ; each quarter barrel shall con- tain 50 lbs. ; and each eighth barrel shall contain 25 lbs. Brand, Such iuspector shall, also, on branding any package of fish, plainly and distinctly mark on the head of each package, in some indelible manner, the kind, quantity and quality of fish contained in each package, respectively, together with his name and the year and month in which the same shall have Fees, been inspected. The inspector shall be entitled to the fol- lowing fees for the performance of his duties, viz : For unheading, heading, weighing, repacking, brining, and in- specting and branding each barrel, 20 cents ; each half barrel, 10 cents ; each quarter barrel, 5 cents ; each extra hoop, 5 cents ; each extra head, 20 cents. The inspector shall not put his brand upon any package of fish, as duly inspected, unless the same be well hooped and headed, and in all respects sufficient to retain brine, and also be in good Record, shipping Condition. He shall keep a record of the number of packages and sizes, and of the kinds and qualities of fish, and for whom inspected, each year ; and shall make a report of the same to the common council, on the first day Office, of January in each year. He shall keep an office at a con- venient place, on or near the Chicago river, which shall be kept open during business hours, and in which the inspec- tor shall at all times have some person, during his absence. Inspector ^0 reccivc ordcrs. No person holding the office of fish in- prohibited •■■ ^ [rom^deaiing gpgctor for Said city of Chicago, nor shall his employees or assistants, or either of them, buy or sell, or deal in, or in anywise be interested, in any fish sold or received for Bond. sale in the city of Chicago. He shall, before entering on the discharge of the duties of his said office, give bond, with two good and sufficient sureties, in the penal sum of five thousand dollars, and running to the people of the State of Illinois, and conditioned that he will well and POWERS AND DUTIES OP OFFICERS. 21 ants. Bond of as- sistants. faithfully perform the duties of said office and satisfy all damages that may legally be demanded of him by virtue of the provisions hereof. Any fish inspector violating, refus- ^^^^^t^^^- ing or failing to comply with any of the provisions of this section, so far as they are made incumbent upon him, shall, for every offence, be liable to a fine of not less than five dollars nor more than one hundred dollars ; which said fine may be collected in the name and for the use of the city of Chicago ; and shall also be subject to immediate removal from office. Said inspector shall have the right to appoint and poj^t'as^is';?" remove at pleasure, one or more assistants, who shall have the same right to brand all packages inspected by either of them in the name of said inspector ; but each assistant shall have some distinctive mark, with which he shall designate each package inspected by himself, so as to indicate by whom the inspection was actually made ; and the said inspector shall have the right to take bond, with sufficient penalty and security, running to himself, from each of the assistants appointed by himself, and of the same tenor, as the bond herein required to be executed by said inspector ; and the said inspector shall be liable for the acts of his said assist- ants, and may sue on the bonds of any of them, to recover any damages that he may have suffered, by reason of their misfeasance or malfeasance. The said inspector shall have the right to sue, in any court having jurisdiction of the action, for his fees for services performed, either by himself or his assistants by virtue hereof. Sec. 11. Every person appointed or elected to the office constables to J XT I i. give bond. of constable, shall, before he enters upon the duties of his office, with two or more sureties to be approved by the com- mon council, execute, in presence of the clerk of the city, an instrument in writing by which such constable and secu- rities, shall jointly and severally agree to pay to each and every person who may be entitled thereto, all such sums of money as the said constable may be liable to pay by reason or on account of any summons, execution, distress warrant, 22 CITY CHARTER. or other process which shall be delivered to him for collec- tion. The clerk shall certify the approval of the common council on such instrument and file the same ; and a copy certified by the clerk, under the corporate seal, shall be presumptive evidence, in all courts, of the execution there- thereon how ^^ ^J ^^^^ constablc and his sureties ; and all actions thereon brought. q\iq}\ be prosecuted within two years after the expiration of the year for which the constable named therein shall have been appointed or elected, and may be brought in the name of the person or persons entitled to the money collected by Powers of. virtue of such instruments. No constable appointed or elected under this act, shall have power to serve any civil process out of the city limits, except in cases of persons fleeing therefrom, and to commit on execution, where the defendant shall have been arrested within the city. Sn/hirdu- S^^- ^2- T^® ci*J physician shall attend and administer to all sick persons confined in any police station-house, bride- well, work-house, house of refuge or other city prison, and shall attend to such other duties as may be prescribed by the board of health or common council. ties Council may Sec. 13. Thc common council shall have power, from impose other ^ /» i n* duties. time to time, to require further and other duties of all ofB- cers whose duties are herein prescribed, and prescribe the powers and duties of all ofiicers appointed or elected to any office under this act, whose duties are not herein specifically May reqmre mentioned, and fix their compensation. They may also re- quire bonds to be given to the city of Chicago by all officers, for the faithful performance of their duties. Certain offi- Sec. 14. The Comptroller, treasurer, collector, and school cers to give ^ bonds. agent, shall severally, before they enter on the duties of their respective offices, execute a bond to the city of Chicago, in such sum, and with such sureties, as the common council How condi- giiall approve ; conditioned that they shall faithfully execute the duties of their offices, and account for and pay over all moneys and other property received by them ; which bonds, POAYERS AND DUTIES OF OFFICERS. 23 t with the approval of the common council, certified thereon by the clerk, shall be filed with the clerk. Sec. 15. The common council, at their annual meeting on SwsSer? the first Monday in May, in each year, or within not to ex- J'eT *^®^'°'^*" ceed thirty days thereafter, shall designate one public news- paper printed in said city, in which shall be published all ordinances, and other proceedings and matters required in any case by this act, or by the by-laws and ordinances of the common council, to be published in the corporation news- paper. And if the proprietors of the newspaper so desig- nated, shall at any time during the year suspend the publi- cation thereof, or decline longer to publish said proceedings, another newspaper shall be designated in its stead. The common council may also, in its discretion, provide for the publication of said ordinances and other proceedings, or such portion of the same as it may think proper, in some newspaper printed in the German language. Sec. 16. If any person, having been an officer in said ^^^fg/o^ city, shall not, within ten days after notification and request, ^^^^ papers. deliver to his successor in office all property, papers, and efi'ects of every description in his possession belonging to said city, or appertaining to the office he held, he shall for- feit and pay for the use of the city, one hundred dollars. Penalty, besides all damages caused by his neglect or refusal so to deliver. And such successor shall, and may recover posses- Successor ' */ IT may recover sion of the books, papers and property appertaining to his fhereo'?^ office, in the manner prescribed by the laws of this state. Sec. 17. All persons elected or appointed to any office JSStoS^ under this act may be commissioned by warrant under the ^^' corporate seal, signed by the mayor or presiding officer of the common council, and clerk. Sec. 18. The common council may by ordinance, estab- JSLh^d'^ lish salaries, as a fixed compensation for all officers of said ^^ council. city whose salaries are not named herein, and may provide for their removal from office, in case they receive or retain 24 CITY CHARTER. other or greater fees than so paid or fixed by the corpora- tion for theii' services. brsa^arSr^ Sec. 19. All fccs, pcrquisitcs and emoluments of office pSdTnt? ^^ whatever, by way of compensation for the performance of reasury. ^^^ official duty or dutics, are hereby expressly prohibited to be retained by any officer whose compensation is provi- ded to be paid by a salary, to be fixed by the common coun- cil under this act ; and all fees, perquisites and emoluments whatever, received or paid, or payable, to any officer, justice of the peace, mayor, clerk, attorney, collector, treasurer, commissioner of public works, comptroller, or other person, whose compensation is to be so paid by a fixed salary, shall belong to, and be paid by such person or persons, into the treasury of said city, the same as all other revenues belong- ing thereto ; and any violation of this provision shall subject the offender to removal from his office, and the amount re- ceived by him shall be recoverable by action of debt or as- sumpsit, in favor of said city. Salaries, how Sec. 20. All Salaries shall be payable monthly or quar- payable. i o t/ i terly out of the appropriate fund, voted by the common council to pay the same, upon the warrant of the comp- troller, as in other cases. Recorder's gjc. 21. The common council shall have power to pay to salary. ^ r J the recorder of the city of Chicago, such compensation from time to time as said council may deem proper, in addition to the salary prescribed by law. ?eform8chooi ^^^' ^^- -^^ member of the board of guardians of the reform of b^ard '^oT^ school, or of the board of education, shall receive any compen- 6er"?*S-*° sation for any services he may perform, nor shall any teacher, srtion.™^^"' agent or employee of either board sell, dispose of or be inter- ested in any articles purchased, or work done, for the school or schools. Nor shall he be interested in any contract, loan, or anything else whereby he may receive any commission, in- terest, or other profits from the fund appropriated to the re- form school or public schools, under the penalty of having his office immediately declared vacant by the common council. POWERS OF COUNCIL. 25 CHAPTER IV. THE COMMON COUNCIL— ITS GENERAL POWERS AND DUTIES. Section Section 1. Mayor and aldermen constitute the 5. No vote to be reconsidered at special common council ; to determine time meetings unless as many are present and place of meetings ; m.ayor to pre- as when such vote was taken, side ; in his absence, any alderman ; 6. Power to require reports from city offi- quorum. cers. 2. No member to receive any compensa- 7. On all ordinances to appropriate money, tion, hold any lucrative office, or be impose taxes or borrow money, the interested in any contract. ayes and noes to be taken ; the votes 3. To hold stated meetings; special meet- of a majority of the board requisite to ings, how called ; to determine rules of their passage. proceedings ; be the judge of the elec- 8. Council to have general control of finan- tion of its members, and compel their ces and property ; enumeration of attendance. powers. 4. Ordinances, petitions and communica- 9. Power to establish cemeteries and make tious to be referred to committees; re- regulations therefor ; the board of pub- port of committee to be deferred and lie works to superintend the grounds; published on request of two aldermen. sale of lots ; penalty for violation of rules and regulations. Section 1. The mayor and aldermen shall constitute the eo^^irhow common council of said city. The common council shall constituted, meet at such times and places as they shall by resolution direct. The mayor, when present, shall preside at all meet- ings of the common council, and shall have only a casting vote. In his absence any one of the aldermen may be President, appointed to preside. A majority of the persons elected as Quorum, aldermen shall constitute a quorum. Sec. 2. No member of the common council shall, during ^Lu^rTc^lve the period for which he was elected, receive any compensation tSSf &c!^' for his services, or be appointed to, or be competent to hold, any office of which the emoluments are paid from the city treasury, or paid by fees directed td*be paid by any act or ordinance of the common council, or be directly or indirectly interested in any contract, the expenses or consideration whereof are to be paid under any ordinance of the common council. Sec. 3. The common council shall hold stated meetings, council to _ =• ' hold stated and the mayor or any two aldermen may call special meetings meetings. 26 CITY CHARTER. by notice to each of the members of said council, served personally, or left at his usual place of abode. Petitions and remonstrances may be presented to the common council, itsown^uies ^^^ ^^^^ couucll sliall determine the rules of its own pro- of theVie?^ ceedings, and be the judge of the election and qualifications ^lon mem- ^^ .^^ ^^^ mcmbcrs, and have power to compel the attendance of absent members. ?o^b?referred ^^^* '^' ^^^ ordinauccs, pctitious and communications to tees?"™^*" the common council, shall, unless by unanimous consent, be referred to appropriate committees, and only acted on by the council at a subsequent meeting on the report of the ?ommittee to committec having the same in charge. Any report of a aM ^puwish- committee of the council may be deferred to the next regu- of two^aider- lar meeting of the same, and the publication of said report in the corporation newspaper required, by request of any two aldermen present. Eeconsiderar Sec. 5. No votc of the commou couucil sliall be recon- tion. sidered or rescinded at a special meeting unless at such special meeting there be present as large a number of alder- men as were present when such vote was taken. qui^rrepOTts ^^^- ^- T^^ common council shall have power to require from city offi- fj.^^ ^j^j officer of Said city, at any time, a report in detail of the transactions in his office, or of any other matter by said council deemed necessary, naysrequir- ^^^- '''• Upou tlic passagc of all ordcrs, ordinances or cases. ^'^'^**^° resolutions appropriating money, imposing taxes, or author- izing the borrowing of money, the yeas and nays shall be entered on the record of the common council, and a majority of the votes of all the aldermen entitled to seats in the board shall be necessary to their passage. controifinan- Sec. 8. The couimou couucil shall have, subject to the provisions hereinafter contained, the general management and control of the finances, and all the property, real, per- ^CTierapow- g^^^jj^j ^^^ mixed, belonging to the corporation, and shall likewise have power within the jurisdiction of the city, by ordinance : POWERS OF COUNCIL. 27 First. To lease the wharfing privileges of the river, at ^hSugpri- the ends of streets, upon such terms and conditions as may ^''^'''^• be usual in the leasing of other real estate, reserving such rents as may be agreed upon, and employing such remedies in case of non-performance of any covenants in such lease, as are given by law in other cases. But no buildings shall Restrictions, be erected thereon ; nor shall a lease for a longer period than three years at any time be executed ; and the owner or owners of the adjoining lot or lots, shall, in all cases, have the preference in leasing such property ; and a free passage over the same for all persons with their baggage shall be reserved in such lease : Provided, nothing in this Proviso, section shall be so construed as to impair or prejudice any rights which any person may have acquired by the accept- ance of any proposition heretofore made by said city re- specting the wharfing privileges. Second. To remove and prevent all obstructions in the River ob- ^ structions. waters which are public highways in said city, and to widen, straighten and deepen the same. Third. To prevent and punish forestalling and regrating Forestalling, and to prevent and restrain every kind of fraudulent device and practice. Fourth. To restrain and prohibit, all descriptions of oaming. gaming and fraudulent devices, and all playing of dice, cards and other games of chance, with or without betting. Fifth. To regulate the selling, or giving away of any ardent A'" "^ ^^^ ^^"^^ spirits by any shop keeper, trader or grocer, to be drunk in any shop, store or grocery, outhouse, yard, garden, or other place within the city. Sixth. To forbid the selling or giving away of ardent Furnishing spirits or other intoxicating liquors, to any child, appren- *^- tice or servant without the consent of his or her parent, guardian, master or mistress. Seventh. To license, regulate and restrain, tavern keep- quors'^iic ers, grocers and keepers of ordinaries or victualing or other houses or places, for the selling or giving away, wines and 28 CITY CHARTER. Billiard ta- bles, &c. Hackmen,&c. other liquors, whether ardent, vinous or fermented. Eighth. To license, tax, regulate, suppress and prohibit, billiard tables, pin alleys, nine or ten pin alleys, and ball alleys. Ninth. To license, regulate and suppress, hackmen, dray- men, carters, porters, omnibus drivers, cabmen, carmen, and all others, whether in the permanent employment of any individual, firm, or corporation, or otherwise, who may pur- sue like occupations with or without vehicles, and prescribe their compensation. Tenth. To tax, license and regulate, auctioneers, distil- lers, brewers and pawn brokers, and all keepers or proprietors of junk shops and places for the sale or purchase of second- hand goods, wares or merchandise. Eleventh. To license, tax, regulate and suppress, hawk- ers and peddlers. Tivelfth. To regulate, license, suppress and prohibit, all exhibitions of common showmen, shows of every kind, con- certs or other musical entertainments, by itinerant persons or companies, exhibitions of natural or artificial curiosities, caravans, circuses, theatrical performances, and all other exhibitions and amusements. Thi7'teenth. To authorize the mayor, or other proper officer of the city, to grant and issue licenses, and direct the manner of issuing and registering thereof, and the fees to be paid therefor : Provided., That no license shall be granted for more than one year ; and that not more than five hun- dred dollars, shall be required to be paid for any license under this act, and the fee for issuing the same shall not exceed one dollar, but no license for the sale of wines or other liquors, ardent, vinous or fermented, at wholesale or retail, or by inn-keepers or others, as aforesaid, shall be less than fifty dollars. Bond may be taken on the granting of Auctioneers, &c. Peddlers. Showmen, Ac. Theatres. Licenses. Proviso. Fee. Bond requir- ed. license for the due observance of the ordinances or regula- tions of the common council. POWERS OF COUNCIL. 29 Fourteenth. To prevent any riot, or noise, disturbance ^'^^s. or disorderly assemblage. Fifteenth. To suppress and restrain disorderly houses biuTee^'^^^ and groceries, and houses of ill fame, and to authorize the destruction and demolition of all instruments and devices used for the purpose of gaming. Sixteenth. To compel the owner or occupant of any JJ.nll'^aid grocery, cellar, tallow-chandler shop, soap factory, tannery, HoueS!^ stable, barn, privy, sewer, or other unwholesome, nauseous house or place, to cleanse, remove or abate the same, from time to time, as often as may be necessary for the health, comfort and convenience of the inhabitants of said city. Seventeenth. To direct the location and management of, fiaughtl?' and regulate and license breweries, tanneries and packing ^""''^*'' *'^- houses, and to direct the location, management and con- struction of, and regulate, license, restrain, abate, and pro- hibit within the city, and the distance of four miles there- from, distilleries, slaughtering establishments, establishments for steaming or rendering lard, tallow, offal and such other substances as can or may be rendered ; and all establish- ments or places where any nauseous, offensive or unwhole- some business may be carried on : Provided^ that for the p^°^^o- purposes of this section the Chicago river and its branches, ^^Scityf'^ to their respective sources, and the land adjacent thereto, or within one hundred rods thereof, shall be deemed to be within the jurisdiction of the city. Eiqhtcenth. To establish and ref]:ulate markets and other ^^'i'",^^*! '^Pf •^ o public Diuld- public buildings, and provide for their erection and determ- ^"°^- ine their location. Nineteenth. To regulate, and license or prohibit butch- B"tcbe".*c. ers, and to revoke their licenses, for malconduct in the course of trade, and to regulate, license, and restrain the sale of fresh meats and vegetables in the city, and restrain and punish the forestalling of poultry, fruit and eggs. Tiventieth. To direct and prohibit the location and man- Gunpowder. 30 CITY CHARTER. agement of houses for the storing of gun powder, or other combustible and dangerous materials within the city. Same. Tiventy-first. To regulate the keeping and conveying of gun powder and other combustible and dangerous materials, and the use of candles and lights in barns, stables and out- houses. Horseracing, Twenty-seGOYid. To proveut 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 ; and punish or prohibit the abuse of ani- mals ; to compel persons to fasten their horses, oxen, or other animals, attached to vehicles, or otherwise, while standing or remaining in the street. Encumber- Twentv -third. To prevent the encumbering of the streets, rng streets. cf r o ^ side walks, lanes, alleys, public grounds, wharves and docks, with carriages, carts, sleighs, sleds, wheelbarrows, boxes, lumber, timber, fire wood, posts, awnings, signs, or any sub- stance or material whatever. Bathing, in- Twenty-fourtJi. To regulate and determine the times decent expo- ^^ «' o sure, &c. ^^^ places of bathing and swimming in the canals, rivers, harbor or other waters, in and adjoining said city, and to prevent any obscene or indecent exhibition, exposure or conduct. Vagrants. Twenty-jifth. To restrain and punish vagrants, mendi- cants, street beggars, and prostitutes. Impounding. Twentysixtli. To restrain, and regulate, or prohibit the running at large of cattle, horses, mules, swine, sheep, goats, and geese, and to authorize the distraining, impounding, and sale of the same for the penalty incurred, and the cost of the proceedings; and also to impose penalties on the own- ers of any such animals, for a violation of any ordinances in relation thereto. ^°^^' Twenty -seventh. To prevent and regulate the running at large of dogs, to tax, and to authorize the destruction of the same when at large contrary to the ordinance. es, &c. Tiventy-eighth. To prevent and regulate the rolling of POWERS OF COUNCIL. 31 hoops, playing of ball, flying of kites, or any other amuse- ment, or practice, having a tendency to annoy persons pass- ing in the streets, or on the side walks, or to frighten teams and horses. Twcniy-nintli. To make regulations to prevent the in- Qiaj-a°tine. troduction or spread of contagious diseases into the city ; to make quarantine laws, and enforce the same within the city, and not to exceed fifteen miles beyond the city bounds. Tliirtieth. To control and regulate the streets, and alleys, ^^^ ^^'^ and to remove, and abate, any obstructions and encroach- ments therein. TJiirty-first. To compel all persons to keep the snow, fSe^^.^t^.'''^ ice, and dirt from the side walk, in front of the premises owned or occupied by them. Thirty-second. To prevent the ringing of bells, blowing ^^^^^^ **^ of horns, and bugles, crying of goods, and all other noises, performances, and devices, tending to the collection of per- sons, on the streets, or side walks, by auctioneers, or others, for the purposes of business, amusement or otherwise. Thirty-third. To abate and remove nuisances, and pun- Nuisances. ish the authors thereof, by penalties, fine and imprisonment, and to define and declare what shall be deemed nuisances, and authorize and direct the summary abatement thereof; but nothing in this act shall be so construed as to oust any court of jurisdiction to abate and remove nuisances, in the streets, or any other parts of said city, or within its juris- diction, by indictment or otherwise. TJiirty-fourth. To license, regulate and restrain runners Runners. for boats and stages, cars and public houses. Thirti/- fifth. To ref^-ulate the burial of the dead, and Buriai.*. biiis ^ * '^ o 'of mortality. recistration of births and deaths ; to direct the returnincr and keeping of bills of mortality, and to impose penalties on physicians, sextons and others, for any default in the premises. Thirty-sixth. To regulate and prohibit the keeping of any JJ;^^*Jc lumber yard, and the placing, piling or selling lumber, timber? 32 CITY CHARTER. Inspectors of lumber, Tish. wood or other combustible material within the fire limits of said city. Thirty-seventh. To regulate the measuring and inspect- ing of lumber, shingles, timber, posts, staves and heading, and all buildingmaterials, and appoint one or more inspectors. Thirty -eighth. To regulate the place and manner, of selling pickled and other fish. Thirty-ninth. To regulate the weighing, and place and manner, of selling hay ; and the cutting and sale of ice, and to restrain the sale of such ice as is impure. Fortieth. To regulate the measuring of wood and the weighing and selling of coal, and the place and manner of selling the same. Forty-first. To regulate the inspection of flour, meal, pork, beef, and other provisions, and salt to be sold in bar- rels, hogsheads and other packages. Forty-second. To regulate the inspection of whisky and other liquors, to be sold in barrels, hogsheads, and other vessels. Forty-third. To appoint inspectors, weighers, gaugers, and regulate their duties and prescribe their fees. Forty-fourth. To regulate the sale of bread within said city, and prescribe the weight of bread in the loaf and the quality of the same. Hay. Wood and coal. Inspection of flour, pork, Inspection of liquors. Inspectors. Bread. Public pumps, wells, Ac. Pounds. Lamps. Ferries. Steam cars. Forty-fifth. To regulate public pumps, wells, and cis- terns, hydrants and reservoirs, and to prevent the unneces- sary waste of water. Forty-sixth. To establish and regulate public pounds. Forty-seventh. To erect lamps, and regulate the lighting thereof. Forty-eighth. To regulate and license ferries. Forty-ninth. To regulate and prohibit the use of locomo- tive engines within the city, and require railroad cars to be propelled by other power than that of steam ; to direct and control the location of railroad tracts, and to require railroad POWERS OF COUNCIL 33 companies to construct, at their own expense, such bridges, crossings. tunnels, or other conveniences, at public railroad crossings Railroad as the common council may deem necessary ; also to regu- late the running of horse-rail-way cars, the laying down of ^ay^cai'." tracks for the same, the transportation of passengers thereon, and the kind of rail to be used. Fiftieth. To erect and establish, either within or without ^"*^^^^ • the corporate limits of the city, a bridewell or house of cor- rection, and purchase grounds therefor, pass all necessary ordinances for the regulation thereof, and appoint a keeper and as many assistants as may be necessary. In the said bridewell or house of correction, shall be confined all va- muted^to*^™" I) ride well grants, stragglers, idle or disorderly persons who may be committed thereto, by any criminal court, or magistrate, in and for the city, and all persons sentenced to said bridewell or house of correction by any criminal court, or magistrate, in and for the city, for any assault and battery, petit larceny, or other misdemeanor punishable by imprisonment in any county jail; and all persons confined therein may be kept at labor or in solitary confinement. Fifty-first. To require every merchant, retailer, trader, mSs^^i to** and dealer in merchandise or property of any description, ^^^^ ' which is sold by measure or weight, to cause their weights and measures to be sealed by the city sealer, and to be subject to his inspection ; the standard of which weights and measures shall be conformable to those now establish- ed by law. Fifty-second. Exclusively to erect and construct, or to ^^"''g^^- permit or cause, or procure to be erected and constructed, float, pivot, or draw bridges, over the navigable waters within the jurisdiction of said cit}', and keep the same in repair : said bridges to have draws of suitable width. Fifty-third. To preserve the harbor ; to prevent any use " of the same, or any act in relation thereto, inconsistent with, or detrimental to, the public health, or calculated to render the waters of the same, or any part thereof, impui-e 34 CITY CHARTER. or offensive, or tending in any degree to fill up or obstruct the same ; to prevent and punish the casting or depositing therein any earth, ashes, or other substance, filth, logs, or floating matter ; to prevent and remove all obstructions therein, and punish the authors thereof; to regulate and eels. prescribe the mode and speed of entering and leaving the harbor, of passing the bridges, and of coming to, and depart- ing from, the wharves and streets of the city, by steamboats, canal boats, and other crafts and vessels, and the disposi- tion of the sails, yards, anchors, and appurtenances thereof, ■vyhile entering, leaving, or abiding in the harbor, and to regulate and prescribe by such ordinances, or through their harbor master or other authorized officer, such a location of every canal boat, steamboat, or other craft, or vessel, or float, and such changes of station in, and use of, the harbor, as may be necessary to promote order therein, and the safety and equal convenience, as near as may be, of all such boats, vessels, crafts, and floats ; and to impose penalties not ex- ceeding one hundred dollars for any offense against any such ordinance ; and by such ordinance charge such penal- ties, together with such expenses as may be incurred by the city in enforcing this section, upon the steamboat, canal tute^ harbor! boat, or othcr vessel, craft, or float. The harbor of the city Penalties. shall include the piers and so much of lake Michigan as lies within the distance of one mile into the lake, and the Chicago river and its branches to their respective sources. feysfbridges, Fifty -fouTtJi. To coutrol, rcgulatc, repair, amend and ^' ^' clear the streets and alleys, bridges, side and cross walks, and open, widen, straighten, and vacate streets and alleys, and establish and alter the grade thereof, and prevent the encumbering of the streets in any manner, and protect the same from any encroachments and injury. frTes!"^"*"^ Fifty-fifth. To direct and regulate the planting and pre- serving ornamental trees in the streets and public grounds. deansi^l^o/ Fifty-sixtli. To fill up, drain, cleanse, alter, relay, re- yar a, c. t^^av^ and rcgulatc any grounds, yards, barns, slips, cellars, POWERS AND DUTIES OF OFFICERS. 35 private drains, sinks, and privies, direct and regulate tlieir construction, and cause the expenses to be collected in the manner hereinafter provided. Fifty-seventh. To erect and establish one or more pest Pest-houses, houses, hospitals or dispensaries, and control and regulate the same. Fifty-eighth. To abate all nuisances which are, or may Nnisances. be injurious to the public health, in any manner they may deem expedient. Fifty-ninth. To do all acts and make all regulations i^eaith. which may be necessary or expedient, for the preservation of health, and the suppression of disease. Sixtieth. To prevent any person from bringing, deposit- Janie8*"rt ing, or having within the limits of said city any dead carcase, ""'^'^^ °^' **^' or any other unwholesome substance, and to require the removal or destruction by any person who shall have, place, or cause to be placed, upon or near his premises, any such substance, or any putrid or unsound beef, pork, or fish, liides or skins of any kind; and on his default, to authorize the removal or destruction thereof, by some oflficer of said city. Sixty -fir St. To authorize the taking up and provide for JJy^^g^'^^pjj the safe keeping and education, for such periods of time as «ca«onof,&c. may be deemed expedient, of all children who are destitute of proper parental care, and growing up in mendicancy, ignorance, idleness, and vice. Sixty-second. To lease or purchase, improve and main- House of ref- tain suitable grounds, either within or without the corporate limits of said city, for a house of refuge and correction, to erect buildings thereon, and adopt such rules and regulations for the government thereof, and the punishment of juvenile offenders therein, as may from time to time be deemed expedient. Sixty -third. To authorize the arrest, fine and imprison- vagrants and ment in the city bridewell or house of correction, as vagrants, of all persons, who not having visible means to maintain themselves are without employment, idly loitering or ram- 36 CITY CHARTER. Gamesters. Swindlers. Other gener- al powers. bling about, or staying in groceries, drinking saloons, houses of ill-fame or houses of bad repute, gambling houses, railroad Trespassers, (Jepots or fire engine houses, or who shall be found trespass- beggars, &C. ± O 7 1 ing in the night time upon the private premises of others, or begging, or placing themselves in the street or other thoroughfares or public places to beg or receive alms; also keepers, exhibitors, or visitors at any gaming table, gambling house, house for fortune telling, places for cock fighting, or other places of device ; and all persons who go about for the purpose af gaming or watch stuffing, or who shall have in their possession any article or thing used for obtaining money under false pretenses, or who shall disturb any place where public or private schools are held either on week day or Sabbath, or places where religious worship is held. Sixty -fourth. To make, publish, ordain, amend and repeal all such ordinances, by-laws and police regulations, not contrary to the constitution of this state, for the good government and order of the city, and the trade and commerce thereof, as may be necessary or expedient to carry into effect the powers vested in the common council, or any officer of said city, by this act ; and enforce observance of all rules, ordinances, b^T^-laws, and police and other regula- tions, made in pursuance of this act, by penalties not ex- ceeding one hundred dollars for any offense against the same. The common council may also enforce such rules, ordinances, by-laws, and police and other regulations, as aforesaid, by punishment of fine or imprisonment in the county jail, bridewell, or house of correction, or both, in the discretion of the magistrate or court, before which conviction may be had : Provided, such fine shall not exceed five hundred dollars, nor the imprisonment six months. Sec. 9. The common council is hereby authorized to purchase for said city such tracts of land without the city limits, for the purpose of establishing cemeteries for the interment of the dead therein, as they may think necessary, Penalties. Cemeteries. POWERS AND DUTIES OP OFFICERS. 37 which shall be exempt from taxation under any law of this state ; and they are also authorized and empowered to pass ^''guiation and enforce such ordinances, rules and regulations with regard to the improvement, preservation, laying out, and ornamenting the same, and the sale of burial places or lots for the interment of the dead therein, as they may deem proper. The ground or grounds so laid out shall be placed eSo?^°'^* under the superintendence of the board of public works of said city, and the lots which may be laid out and sold shall, with the appurtenances, forever be exempt from execution and attachment. As soon as said grounds are regulated and laid out, a map or plat thereof shall be made out by the board of public works, and a copy thereof filed in the comptroller's oflBce, who shall have charge of the sale and ^^^^^f^^*^- disposition of all lots therein, under the ordinances and regulations of the common council. The proceeds of such sales shall be paid into the city treasury, and be credited and charged on the books of the treasury department to a "cemetery fund," to be kept distinct from all other funds of said city. The said common council is also fully em- ^®°^i*^®«- powered and authorized to provide for the punishment, by ordinance, of all persons who shall, without said city limits, be guilty of any violation of the regulations, rules and ordi- nances, established by said city in relation to such cemeteries; and such violations may be punished by fine and imprison- ment, as in other cases, by any court of competent jurisdiction within said city, and all process issued for the arrest of any person or persons guilty of such violation, may be executed without said city limits, by any officer or constable thereof, the same as if such oifense had been committed within the boundaries of the corporation. 38 CITY CHARTER. CHAPTER V. THE TREASURY DEPARTMENT. Section 1. OflScers of the department. 2. General duties of the department. 3. Appointment of comptroller; his com- pensation and bond. 4. Comptroller to keep account of all appro- priations, expenditures and receipts. 5. Comptroller to have supervision over all receiving and disbursing oflScers; his general powers and duties. 6. Accounts against the city to be audited by the comptroller. ' 7. Warrants on the treasurer to be drawn by comptroller and countersigned by the mayor ; doubtful claims to be sub- mitted to decision of mayor and finance committee. 8. Receivers of city revenue to be charged with amount received ; tax and assess- ment warrants to be countersigned by comptroller ; comptroller to reqviire re- ports of all receiving officers. 9. Annual statement of receipts and ex- penditures to be made by comptroller. 10. Annual estimate of city expenses to be furnished by comptroller. 11. Monthly statements of receipts and ex- penditures to be made by comptroller. 12. Duties of the treasurer. 13. Warrants on treasurer, how dra^m. 14. Treasurer to keep sepai'ate accounts with each fund or appropriation. 15. Duplicate receipts to be given for money paid into the treasury; copy to be filed with the comptroller. 16. Treasurer to render monthly accounts to comptroller; warrants and other vouch- ers for moneys paid to be delivered to comptroller. 17. Custody of public moneys; treasurer prohibited from using them ; penalty for violation. 18. Annual report of receipts and expendi- tures to be made by treasm-er ; register to be kept of all warrants paid by him. 19. Special assessment moneys to be kept as a special fund. 20. Bond of treasui'er. 21. Duties of city collector. 22. Collector's books and papers placed under supervision of comptroller and finance committee ; collector to pay over daily all moneys collected. 23. Collector to report weekly to comptroller; annual statement to bo made in April. 24. Collector prohibited from retaining pub- lic moneys in his hands. OflScersofthe department. Section 25. Bond of collector. 26. Penalty for selling land on which taxes have been paid. Annual reports of comptroller, treasurer and collector, to be examined and com- pared by finance committee. Decision of finance committee binding in all controversies arising between comp- troller, treasurer and collector. 29. Comptroller, treasurer and collector to appoint and be responsible for their o^vTQ clerks. Council may require of said officers other duties. Special provisions respecting the custody of city moneys ; penalty for embezzle- ment. All accounts rendered by officers of treas- ury department to be verified by oath ; form of oath. Appropriations, how to be made and when ; fiscal year to commence the first of April. City expenditures limited to amount pro- vided for in annual appropriation biU ; special exceptions. Bonds authorized to be issued to pay floating debt of the city. Certain other bonds authorized. Bonds may be issued to purchase grounds and erect buildings for house of correc- tion. New bonds may be issued to satisfy and retire old bonds when due. Comptroller to keep a register of out- standing bonds ; all bonds sold or paid to be specified by comptroller in his annual report. 40. Provision for raising money to pay inter- est on the funded debt in case of neces- sity. 41. Comptroller authorized in certain cases to borrow of one fund to meet de- mands upon another. No^bonds or evidences of debt to be issued except those specially authorized. No expense to be incurred, unless an ap- propriation has been made concerning it ; all city officers prohibited from be- ing interested in any sale or contract made to or by the city. 44. Common council authorized to provide for the appointment of a city auditor; his general duties defined. 27. 28. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 42. 43. Section 1. There is hereby established an executive de- partment of the municipal government of said city, to be known as the " Treasury Department," which shall em- brace the city comptroller, the city treasurer and the city THE TREASURY DEPARTMENT. 39 collector, and all such clerks and assistants, including an auditor, as the common council may, by ordinance, see fit to prescribe and establish. Sec. 2. The said treasury department shall have control Jutiir^"^^^ of all the fiscal concerns of the said corporation, except as herein otherwise provided, and shall prescribe the forms of keeping and rendering all city accounts whatever ; and all accounts rendered to or kept in the several departments of the city government shall be subject to the revision and in- spection of the officers of this department. Sec. 3. There shall be appointed by the mayor, with the tF'SX^^' advice and consent of the common council, some discreet and able accountant to be styled the city comptroller, who shall be chief of said treasury department, and hold his office until removed or a successor be appointed, who shall receive such compensation for his services as may be estab- lished by law, and who shall be removable at all times at the pleasure of the mayor with the concurrence of the common council, and he shall give bonds with securities to the amount ^^^^ '"^^i"^- of not less than one hundred thousand dollars, and the amount of his bond may be increased to such sum as may be fixed by the common council ; said bond to be approved by the common council, and filed in the city clerk's office and entered on record. He shall also be sworn the same as o^th of office, other officers to the faithful discharge of the duties of his office. Sec. 4. The comptroller shall open and keep in a neat, ^^f ^J.° ^® methodical manner, a complete set of books, under the direc- ">"^p*^<^"^^' tion of the mayor and finance committee of the common council, wherein shall be stated, among other things, the appropriations of the year for each distinct object and branch of expenditure, and also the receipts from each and every source of revenue so far as he can ascertain the same. Said books and all papers, vouchers, contracts, bonds, 2"'?J«"ttoex- A I ' ' " ' amination. receipts and other things kept in said office shall be subject to the examination of the mayor, the members of the com- 40 CITY CHAKTER. sion over re- ceiving and disbursing oflScers. His general powers and duties. mon council or any committee or committees thereof. Comptrou- gj]C. 5. The comptroller shall be charged with, and shall er's supervi- ■■■ o ? exercise a general supervision over, all the officers of the city charged in any manner with the receipt, collection or disbursement of the city revenues, and the collection and return of such revenues into the city treasury. He shall be the fiscal agent of said city, and as such shall have charge of all deeds, mortgages, contracts, judgments, notes, bonds, debts, choses in action, belonging to said city, except such as are confided by this act to the custody of the board of public works or city clerk, and shall possess and carefully preserve all assessment and tax warrants, except warrants for the collection of water rents or assessments, and the returns thereof made by any collector or receiver of taxes and assessments, and all leases of markets, wharfing privi- leges and other public property of said city. He shall also have supervision over the city debts, contracts, bonds, obli- gations, loans, and liabilities of the city, the payment of interest, and over all the property of the city, and the sale or the disposition thereof; over all legal or other proceed- ings in which the interests of the city are involved, and with the approval of the mayor to institute or discontinue such proceedings, and to employ additional counsel in special cases where he thinks the city interests require it, and gener- ally in subordination to the mayor and common council, to exercise supervision over all such interests of said city, as in any manner may concern or relate to the city finances, revenues and property. Sec. 6. The comptroller shall have power to examine all accounts, claims and demands for or against the city ; and no money shall be drawn from the treasury, or paid by the city to any person, except as herein otherwise provided, unless the balance due or payable be first settled and adjust- ed by the said comptroller ; and for the purpose of ascertain- ing the true state of any balance or balances so due, he shall have and he is hereby clothed with full power and Comptroller to examine and audit ac- counts. Power to ad- minister oaths to claimants. THE TREASURY DEPARTMENT. 41 authority to administer an oath or oaths to the claimant or claimants, or any other person or persons whom he may think proper to examine as to any fact, matter or thing con- cerning the correctness of any account, claim or demand presented, and the person so sworn shall, if he swear falsely, be deemed guilty of wilful and corrupt perjury, and be sub- ject to punishment accordingly, the same as in all other cases. Sec. 7. xVll money found to be due and payable by the }^i"-ant8 on 'J i. J J the treasury, comptroller to any person, shall be drawn for by said comp- ^"^^' '''■^^°- troller by warrant on the treasurer, which shall be counter- signed by the mayor, stating therein the particular fund or appropriation to which the same is chargeable and the person to whom payable ; but if said comptroller should, upon any examination of any account as aforesaid, still doubt as to §^" correctness, he shall submit the same to the mayor and JJaSl^tobe finance committee for their decision thereon, which decision mlTOr^ndfi- shall be binding upon the city and filed among his other mme'er''"^' vouchers in the comptroller's office ; and no money shall be drawn from the treasury, except on the warrant of the comp- troller drawn as aforesaid. Sec. 8. It shall be the duty of said comptroller as nearly J^^^'rMiTbe''*^ as may be, to charge all officers in the receipt of revenues monfye co? or moneys of the city, with the whole amount from time to ^^*^^*^ ' time of such receipts ; and he shall countersign all tax and assessment warrants for the collection of revenue, issued under any ordinance or law of the city by virtue of which money is receivable or to be received or paid into the city treasury, except warrants for the collection of water rents or assessments, charging the proper officer the amount col- lectable thereon. He shall also require of all officers in ^"^^^ J' ^'" ■•■ niontnly re- receipt of city moneys that they shall submit reports thereof ^^""^f l^^' with vouchers and receipts of payment therefor, into the city treasury weekly or monthly, or as often as he shall see fit to require the same by any regulation which he may adopt, and if any such officer shall neglect to make an adjustment ^^^^^^ ^^ of his accounts when so required as aforesaid, and to pay ^ffi^^^rs- 42 CITY CHARTEK. Remoral of defaulters. over such moneys so received, it shall then be the duty of the said comptroller to issue a notice in writing, directed to such officer and his securities, requiring him or them within ten days to make settlement of his said accounts with the comptroller, and to pay over the balance of moneys found to be due and in his hands belonging to said city, according to the books of said comptroller ; and in case of the refusal or neglect of such officer to adjust his said accounts, or pay over said balance to the treasury as required, it shall then be the duty of the said comptroller to make report of the delinquency of such officer to the mayor, who shall at once suspend him from office ; and the mayor shall thereupon proceed forthwith to institute the necessary proceedings for the removal of such officer ; and he is hereby authorized, in case of such suspension, to appoint, with the concurrence of the common council, some other person to exercise the func- tions of said office while such proceedings are pending. Sec. 9. The comptroller shall make out an annual state- ment for publication, in the month of April in each year, before the annual election, giving a full and detailed state- ment of all the receipts and expenditures during the year ending the first day of said month. The said statement shall also detail the liabilities and resources of said city, the condition of all unexpended appropriations and contracts unfulfilled, and the balances of money then remaining in the treasury, with all sums due and outstanding ; the names of all persons who may have become defaulters to the city, and the amount in their hands unaccounted for, and all other things necessary to exhibit the true financial condition of the city ; which statement, when examined and approved by the finance committee, shall be published by him in the cor- poration newspaper. Sec. 10. The said comptroller shall, also, on or before the fifteenth day of May in each year, before the annual appropriations are made by the common council, submit to the same a report of the estimates necessary, as nearly as Comptrol- ler's annual financial statement. Publication. Comptrol- ler's annual estimate of city expenses THE TREASURY DEPARTMENT. 43 may be, to defray the expenses of the city government during the current fiscal year, commencing on the first day of April ; he shall, in said report, class the different objects and branches of said city expenditure, giving, as nearly as may be, the amount required for each ; and for this purpose he is authorized to require of all city officers and heads of departments, their statements of the condition and expense of their respective departments and offices, with any pro- posed improvement and the probable expense thereof, of contracts already made and unfinished, and the amount of any unexpended appropriations of the preceding year. He shall also, in such report, show the aggregate income of the preceding fiscal year from all sources ; the amount of liabili- ties outstanding upon which interest is to be paid, and of bonds and city debts payable during [the] year, when due, and where payable, so that the common council may fully under- stand the money exigencies and demands of the city for the current year. Sec. 11. In addition to the other duties of the comptrol- Monthly ^ statement of ler of said city, it is hereby made his duty on or before the receipts and •^ ' *' '' expendit tenth day of each and every month, to make out a monthly ^^• statement, giving a full and detailed statement of all mon- eys received and from what sources, and on what account received, and of all moneys ordered to be paid, or drawn for by warrant by him, and on what account the same have been paid, for the month preceding that in which such state- ment is made, and the said comptroller shall cause the said monthly statement to be published in the corporation news- Publication. paper of said city, before the fifteenth day of each month, and shall deliver a true copy of such statement to the said common council at their next meeting. DUTIES OF THE TREASURER. Sec. 12. The city treasurer shall receive all moneys be- ^^^^^r longing to the city, and shall keep his office in some place to be designated by the common council, appropriated to the 44 CITY CHARTER. Warrants, liow di'a'Wii. Accounts. Receipts. keeping of such office, in the treasury department. He shall keep his books and accounts in such manner as the city comptroller or common council may prescribe, and such books and accounts shall be always subject to the inspection of said comptroller and the finance committee. Sec. 13. All warrants drawn upon the treasurer must be signed by the comptroller and countersigned by the mayor, stating therein the particular fund or appropriation to which the same is chargeable, and the person to whom payable, and no money shall be otherwise paid than upon such war- rants so drawn. Sec. 14. He shall keep a separate account of each fund or appropriation, and the debits and credits belonging thereto. Sec. 15. He shall give every person paying money into the city treasury a duplicate receipt therefor, specifying the date of payment, upon what account paid ; and he shall also file copies of such receipts with the city comptroller at the date of his monthly reports. Sec. 16. The treasurer shall, at the end of each and every month, and oftener if required, render an account to the comptroller, under oath, showing the state of the treasury at the date of such account, and the balance of moneys in the treasury. He shall also accompany such account with a statement of all moneys received into the treasury, and on what account, together with all warrants redeemed and paid by him, which said warrants, with any and all other vouchers held by him, shall be delivered over to the comp- troller, and filed with his said account in the comptrol- ler's office upon every day of such settlement. He shall return all warrants paid by him stamped or marked " paid;" and shall give a list of said warrants, stating the number and amount of each. Sec. 17. The treasurer may be required to keep all mon- eys in his hands belonging to the city, in such place or places of deposit as the common council may by ordinance provide, Monthly statement. Warrants to be retm-ned. Care and cus- tody of city moneys. order, establish or direct. Such moneys shall be kept dis- THE TREASURY DEPARTMENT. 46 tinct and separate from his own moneys ; and he is hereby expressly proliibited from using, either directly or indirectly, prSued the corporation money or warrants in his custody and keep- tuem"'''"^ ing, for his own use and benefit, or that of any other person or persons whomsoever ; and any violation of this provision shall subject him to immediate removal from office by the mayor, with the concurrence of the common council, who are hereby authorized to declare said office vacant ; and the mayor, in case of said removal, shall nominate a successor, who shall be appointed to said office upon the confirmation of the said common council, and hold his office for the remainder of the unexpired term of such officer so removed. Sec. 18. The treasurer shall also report to the common annuarri-* council, annually, in the month of April, before the election, p"'"*' and oftener if required, a full and detailed account of all receipts and expenditures during the preceding fiscal year, and the state of the treasury. He shall also keep a register of all warrants redeemed and paid during the year, describ- ing such warrants, their date, amount, number, the fund from which paid, and persons to whom paid, specifying also the time of payment ; and all such warrants shall be exam- ined at the time of the making such annual report to the common council by the finance committee, who shall examine and compare the same with the books of the comptroller, and report discrepancies, if any, to the common council. Sec. 19. All moneys received on any special assessment f^lf/^^^T shall be held by the treasurer as a special fund, to be applied ^""'^-• to the payment of the improvement for which the assessment was made; and said money shall be used for no other purpose whatsoever. Sec. 20. The treasurer shall ^Avc l)ond with sureties to Tro.Yurer-8 ^ bond. the amount of not less than two hundred thousand dollars, and the amount of his bond may be increased to such sum as may be fixed by the common council ; said bond to be approved by the common council, and filed in the clerk's office, and entered on record. He shall also be sworn the 46 CITY CHARTER. same as other oflScers to the faithful discharge of the duties of his office. CITY COLLECTOR. K?''^'"'^' Sec. 21. It shall be the duty of the city collector to collect all taxes and assessments which may be levied by said city, and perform such other duties as may be herein prescribed, or ordained by the common council. He shall keep his office in such place as may be designated and provided by the common council, appropriated to the keep- ing of such office in the treasury department, and shall keep in said office, besides his collection and revenue warrants, such other books, vouchers, records and accounts as the comptroller may, by regulation of the department, direct and prescribe, which books and records, with all other papers, shall remain in and pertain to said office, and be handed over to the successor or successors of said officer, or be deposited in the office of the comptroller. bSiSln? a- ^^^- ^^- ^^^ ^^® ^^^J collector's papers, books, warrants ^^^^' and vouchers shall be examined by, and the same are hereby placed under the supervision of the comptroller, together with the finance committee; and the said collector shall, SiiyYumon- ^^ity? ^u roccipt of the same, pay over all moneys collected eys received. |^^ j^^^ ^£ ^^^ persou or porsous to the city treasurer, taking his receipt therefor, which said collector shall immediately file in the comptroller's office. Weekly re- gj,^.^ 2-3. Thc city collcctor shall make report, in writing under oath to the comptroller, weekly, or oftener if required, of the amount of all moneys collected by him ; the account upon which collected, and shall file with him the vouchers or receipts of the treasurer for the amount so collected. He shall also in the month of April in each year, before the annual election, submit to the common council and finance committee, a statement of all moneys by him collected during the year, and the particular warrant, assessment or account upon Avhich collected, and the balance of moneys uncollected on the warrants in his hands or returned to the Annual statement. THE TREASURY DEPARTMENT. 47 comptroller, and a copy of such statement shall also be filed with the comptroller. Sec. 24. Tlie city collector is hereby expressly prohibited {JSn the from keeping the moneys of the city in his hands, or in the i'^^^''-"™''"- hands of any person or corporation to his use, beyond the time prescribed for the payment of the same to the city treasurer ; and any violation of this provision shall subject him to immediate removal from office by the mayor, with the concurrence of the common council ; and it is hereby declared to be the duty of the mayor, upon such removal being made, to nominate and appoint a successor, with the advice and consent of the common council. Sec. 25. The collector shall give bond with sureties, to coiiectore's *-" ' bond. the amount of not less than one hundred thousand dollars, and the amount of his bond may be increased to such sum as may be fixed by the common council, said bond to be approved by the common council and filed in the clerk's office and entered on record. He shall also be sworn the same as other officers to the faithful discharge of the duties of his office. Sec. 26. If the collector shall receive any money for Liability for •^ "^ eellingland taxes or assessments, giving a receipt therefor for any land ^^^^^d ^''^^^ " *^ ^ •' have been or parcel of land, and afterwards sell the same at any sale p^'^- for taxes or assessments, for the tax or assessment which has been 'so paid and receipted for by himself or his assist- ant, he and his bond shall be liable to the holder of the certificate given to the purchaser at the sale, for double the amount of the face of the certificate, to be demanded within three years from the date of sale, and recovered in any court having jurisdiction of the amount ; and the city shall in no case be liable to the holder of such certificate. GENERAL PROVISIONS. Sec. 27. The finance committee and the comptroller shall, Finance com- ^ mittee to ex- annually, meet in the month of April, and compare all such ami neaii re- reports and statements as are made by the comptroller, treas- urer and collector, and report thereon to the common council. 48 CITY CHARTER. Finance com- mittee to de- cide contro- versies be- tween oflBcers of treasury department. Assistants and clerks. Other duties may be re- quLt'ed. City money not to be loaned or used by re- ceiving offi- cers. Penalty for embezzle- ment. Sec. 28. In the adjiistment of the accounts of the treasurer and collector with the comptroller, there shall be an appeal to the finance committee, whose decision in all matters of controYersj arising between said oflficers in the treasury department shall be binding, unless the common council shall otherwise direct and provide. Sec. 29. The comptroller, city treasurer and city collec- tor, shall severally appoint such various assistants, clerks and subordinates, in their respective offices, as the common council may authorize ; and shall be held severally respon- sible for the fidelity of the persons so appointed by them. Said subordinates shall in all cases be sworn to the faithful discharge of their duties, as other officers. Sec. 30. The said comptroller, collector and treasurer, shall perform such other duties, and be subject to such other rules and regulations, as the common council may from time to time by ordinance provide and establish. Sec. 31. The treasurer and city collector, and all receiv- ers of city money, are hereby required to keep safely, with- out loaning or using, all the city or public moneys collected by them, or otherwise at any time placed in their custody or disposal, till the same are paid over or directed by the proper officer, warrant, law, or order of the corporation, to be transferred or paid out, and to make all payments and trans- fers promptly when thereto required by any law or order of said corporation, or under any regulation of the comptroller. And if any one of said officers, or of those connected with them, in the collection, safe keeping, or disbursing of said city revenues, shall convert to his or their own use, in any way whatever, or shall use by way of investment in any kind of property or merchandise, or shall loan, with or with- out interest, any portion of said city moneys entrusted to him or them for safe keeping, disbursement, payment, trans- fer, or for any other purpose, every such act shall be deemed and adjudged to be an embezzlement of so much of the said moneys as shall be thus taken, converted, invested, used or THE TREASURY DEPARTMENT. 49 loaned, whicli is hereby declared a felony, and any officer or agent of said city, and all persons advising or participating in such act, or being a party thereto, shall, upon conviction before any court of competent jurisdiction in this state, be sentenced to imprisonment for a term of not less than six months nor more than ten years, in the penitentiary of this state ; and also be fined in a sum equal to the amount of the money embezzled. Sec. 32. All returns and accounts made or required to 2Snt"'tffb'e be rendered under this act, by any of the officers in said Hl^^'^'^ '^'^' treasury department, shall be verified by the oath of the person rendering it ; in which said oath it shall be declared that said statement so far as he knows or has reason to believe, is a fair, accurate and full statement of the matters to which it relates, and of all moneys in his hands, or which he or any one for him has received since his last official account was rendered ; and that he has not directly or indirectly used, loaned, invested or converted to his own use, or suffered any one to use, loan, invest, or convert to their or his use, any of the public moneys receivable or received by him, or subject to his warrant or control ; but that he has acted diligently and without any collusion or fraud in the collection and disbursement of the public moneys of said city, and that he hath rendered a true and full account thereof in his said statement ; which oath shall be attached to and filed with said accounts in the proper office of the comptroller or city clerk, as the case may be; and in case the said statements, or any of them shall be false, the said person so making such statement shall be deemed guilty of wilful and corrupt perjury, and shall be punished ac- cordingly. Sec. 33. All appropriations shall be based upon specific Appropria- and detailed statements, made by some proper head of a ^^^ ^^^en to ' ./ r r be made. department or officer of the city, and shall be made within the first quarter of the fiscal year; which fiscal year shall FLscaij-ear. be held to commence on the first day of April in every year. 4 50 CITY CHAPTER. City expen- gcc. 34. Neither the common council, nor any depart- ditures limit- '' ^ ^'^- ' ment or officer of the city shall add to the city expendi- tures, in any one year, anything over and above the amount provided for in the annual appropriation bill of that year, except as is herein otherwise specially provided ; and no expenditure for an improvement to be paid for out of the general fund of said city shall exceed in any one year the amount provided for such improvement in the annual appro- speciai ex- priatiou bill : Provided^ however, that nothine herein con- ceptions. ^ . . tained shall prevent the common council from ordering any improvement, the necessity of which is caused by any casu- alty or accident happening after such annual appropriation is made. The common council may order the mayor and comptroller to borrow a sufficient amount to provide for the expense necessary to be incurred in making any improve- ment, the necessity for which has arisen as is last above mentioned, for a space of time not exceeding the close of the next municipal year ; which sum and the interest shall be added to the amount authorized to be raised in the next general tax levy and embraced therein. Should any judg- ment be obtained against the city, the comptroller, under the sanction of the mayor and committee of finance, may borrow a sufficient amount to pay the same, for a space of time not exceeding the close of the next municipal year ; which sum and interest shall in like manner be added to the amount authorized to be raised in the general tax levy of the next year and embraced therein. Issue of Sec. 35. The city comptroller is hereby authorized, under bonds to pro- _ ./ r j ? ^ vide for float- the sauctiou of tlic mayor and committee of finance, to issue ing debt. '^ ' and negotiate the bonds of said city, payable, principal and interest, in the city of New York, and bearing interest payable semi-annually at a rate not exceeding seven per cent, per annum, and becoming due and payable on the first day of April, 1881, to an amount sufficient to satisfy and retire all the floating debt now outstanding against said city, and which has not been heretofore provided for. Said THE TREASURY DEPARTMENT. 51 bonds shall be in the ordinary form of bonds of said city, and shall be issued in denominations of five hundred or a thousand dollars each, as the said mayor and comptroller may deem proper ; and it is hereby made the duty of the common council, at tjie time of levying the general tax in each year, to provide for the payment of the interest accru- ing on the whole funded debt of the city, which is not oth- erwise provided for, in addition to the amount which they are authorized to levy for other purposes. Sec. 36. In addition to the amount of bonds herein au- Certain other bonds au- thorized to be issued, the common council may, in its dis- t'^*^"^'^'^- cretion, provide by ordinance, for completing the issue of the bonds of teaid city to an amount not exceeding one hun- dred thousand dollars, authorized by the sixty-sixth section ' of the act amendatory of the city charter approved Febru- ary 18th, 18G1 : Provided, that the whole amount of the bonds heretofore issued pursuant to said authority, and of the bonds hereafter issued by virtue of this section, shall not exceed the said sum of one hundred thousand dollars. The proceeds of said bonds, when sold, may be used in pay- ing the general expenses of said city, and in payment of the expense, either in whole or in part, of such permanent improvements, chargeable to the general fund, as may be ordered by the common council, before the making of the next annual appropriation. Sec. 37. The common council may also, in its discretion. P*^°'^* ^^^ •^ ' "be issued to provide by ordinance for issuing and negotiating the bonds ^0,"^^^ 'J of said city, payable principal and interest in New York, ^^*^^'^°- in twenty years from date, and bearing interest at a rate not exceeding seven per cent, per annum, payable semi- annually, to an amount not exceeding one hundi-ed thousand dollars, for the purpose of purchasing grounds, either within or without the corporate limits of said city, iMid erectinor the necessary buildings thereon, for a city bridewell or house of correction. Such bonds shall be in the ordinary form of bonds of said city, and shall be issued in denominations of 52 CITY CHARTER. New bonds may be issued to satisfy old. Register of bonds to be five hundred or one thousand dollars each, as the mayor and comptroller may deem for the best interest of said city. Sec. 38. Whenever any of the bonds of the city, which may have been heretofore or may hereafter be lawfully issued, shall become due, the common council may author- ize the mayor and comptroller to issue new bonds to an amount sufficient to retire and satisfy the same, running either ten or twenty years, bearing interest at a rate not exceeding seven per cent, per annum, payable semi-annual- ly, and payable, principal and interest, in the city of New York. Sec. 39. The comptroller shall keep in his office, in a comptroller, book or books kept separately for this purpose, a correct ' list of all the outstanding bonds of the city, showing the number and amount of each, and when and to whom the same were issued; and when any of said bonds are pur- chased or paid and canceled, said book or books shall show pai?to^be^ '^'' ^^^ same. In his annual report the comptroller shall de- anSf re° scribo particularly the bonds sold during the year, and the ^^^ ' terms of the sale, with each and every item of the expense thereof. He shall also describe the bonds paid or purchased in order to be canceled, the person of whom purchased, and the amount paid, with each and every item of the expense thereof. ^^Ffi^lJ^"" Sec. 40. In case there shall not be money enous-h in the Vision re- tJ o terest°on^°" trcasury, applicable thereto, to pay any semi-annual instal- ment of interest on the funded debt of the city, the comp- troller shall present a statement, under oath, to the finance committee, of the amount of the d.eficiency, which shall be afterwards filed with the city clerk ; and it shall then be lawful for the mayor and comptroller, under the sanction of said committee, to issue and negotiate drafts upon the treas- urer payable- out of the first moneys that may come into the treasury applicable to the payment of said interest, to an amount sufficient to supply said deficiency. Said drafts shall not have more tlian ninety days to run ; but they may funded debt. THE TREASURY DEPARTMENT. 53 be renewed, if necessary, ninety days successively, until there shall be revenue enough received into the treasury to pay the same. Sec. 41. In case of a deficiency in any fund to meet any Authority to •^ *' "^ borrow from demand upon it, the comptroller may, with the sanction of ^"^'Jj^ *" the mayor and finance committee, use to meet such demand, anothe"^*^" any moneys standing to the credit of any other fund, either general or special, except the water fund, the school-tax fund, and special assessment funds : Provided, the consent ^'''o^iso. of the officer or department more particularly charged with the disbursement of the fund so used, shall be first had and obtained thereto. A correct account of all moneys so transferred shall be kept by the comptroller, and said mon- eys shall be replaced by him, within not to exceed three months, out of the revenue subsequently received into the treasury to the credit of the fund thus supplied. No mon- eys shall be so used or transferred, unless adequate provision has been made which will permit their reimbursement within said period. Sec. 42. No bonds or other evidences of debt shall be J-^^^f of bonds re- issued by the city, except as is in this act provided. stricte-d. Sec. 43. No contracts shall be hereafter made by the Special pre- •^ vision as to common council, or any committee or member thereof, and contracts, i-c. no expense shall be incurred by any of the officers or de- partments of said city government, whether the object of expenditure shall have been ordered by the common council or not, unless an appropriation shall have been previously made concerning such expense. And no member of the common council, head of a department, clerk, city officer, assistant or employee in any department of said city, shall be directly or indirectly interested in any contract, work or business, or the sale of any article, the expense, price or consideration of which is paid from the city treasury, under the penalty of his immediate removal from office. Sec. 44. The common council may hereafter, in their ^'^^y -aJ'tor. discretion, provide for the appointment of a city auditor, to 54 CITY CHARTER. hold liis office for two years and until the appointment and qualification of his successor, whose duty it shall be to ex- amine personally and certify to the correctness or incor- rectness of all the accounts rendered for any money which may be collected or disbursed by any of the departments or officers of said city. The said common council may by or- dinance prescribe his qualifications and more particularly define his duties ; and he shall be removable from office at any time by the mayor with the concurrence of the com- mon council. THE BOARD OF PUBLIC WORKS. 55 CHAPTEH YI. THE BOARD OF PUBLIC WORKS. Section-. 1. ]Ji).irer. 6. PowtT to lici-nse land Hurvcyors. 7. Plats of sutKlivisious to be approved by till- board. 8. Board authorized to employ superin- tviuk'nts, surveyors and other subor- diiiatfs. 9. Office and other expenses, how paid. 10. A majoritj' of the board necessary for a quorum; record of proceedings: an- nual rejiort : power to administer oaths. 11. General duties of the board. 12. Control over streets and alleys. 13. Permits for erection of wtwden buildings within fire limits: fees for permits. 14. Board to act -as commissioners to make special assessments. 15. Board to advertise for proposals for all work to be done by city; bidders to furnish bonds. 16. Contracts to be let to lowest reliable bidder. 17. Reservations to be inserted in all con- tracts: estimates to be issued to contrac- tors; liability of city to contractors. Section. 18. Board authorized in certain cases to em- I>loy workmen to perform or complete any i)ublic work. 19. Materials, how purchased. 20. Advertising for bids may be dispensed with in certain cases. 21. Bonds and contracts to be made in the name of the city. 22. Commissioners forbidden to be interest- ed in contracts. 23. Board to have exclusive charge of water and sewerage works. 24. Former contracts concerning water and sewerage works to be completed by the lK)ard ; special provision relating to new contracts. 25. Annual estimate to be furnished by the board of sums required for repairs and improvements; moneys raised fur said board, how disbursed. 26. Oath of office : special requirement. 27. Members prohibited from deriving any profit from deposit of public moneys ; ■ custody of city funds ; penalty for em- bezzlement. 28. Accimnts to be kejit of receipts and ex- penditures. Section 1. There is hereby established an executive de- ccSitu:?! partment of the municipal government of said city to be known as the "Board of Public Works," to consist of the mayor, who shall be a member of the board ex-offieio, and three commissioners, to be chosen in the manner herein be- fore prescribed. Sec. 2. Said commissioners shall each receive an annual ^'^^^'■•^• salary of twenty-five hundred dollars, and shall each, before entering upon the discharge of his duties, give bond to the ^°^^- city in the sum of one hundred thousand dollars, with sure- ties to the satisfaction of the common council, which bond shall be conditioned for the fiiithful discharge of his duties as such commissioner; and that he will well and truly pay over any and all moneys, and surrender any and all property, books and papers which may come into his hands as such 56 CITY CHARTER. President and treasu- rer. commissioner, on the expiratic^n of his term of office, or when required to do so by the common council. Sec. 3. Said board shall elect from their number a presi- dent and a treasurer, who shall hold their offices for the term of one year, and until their successors are elected and qual- By-iaw3. ified, and they shall establish by-laws for the regulation and conduct of their officers and employees. Secretary. gj;c, 4, gald board shall appoint a secretary, and some competent and scientific person as civil engineer to said neS.^°°^' board, who shall be styled the city engineer. The officers so appointed shall be removable at any time, at the pleasure of the board of public works. Duties of city Sec. 5. It sliall be the duty of the city engineer to per- engineer. _ _ _ ^'' i/ o j. form all the civil engineering required by the board of public works in the prosecution of all public improvements committed • to their charge, and to do such other surveying as may be directed by the board or by the common council. He shall receive for his services such annual salary as the common council shall direct; and shall devote his whole time to the duties of his office. He shall possess the same powers in making surveys and plats, within 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 sur- veys made by such engineer, as are or may be given by law to the acts, plats, and surveys of county surveyors. Power to li- Sec. 6. The said board of public works shall have power, cense land i r 7 surveyors, upon application being made to them by any citizen, of whose character and qualifications satisfactory evidence shall be produced, to give such applicant a license, under the corporate seal, to act for two years as a land surveyor in said city, and for each license so granted said board shall require a fee of ten dollars to be paid into the city treasury. Oath of sur- Survcyors so licensed shall take the same oath required by law to be taken by the county surveyor, and shall give bond to the city of Chicago, with two sufficient sureties, to be approved by said board, in the penal sum of twenty-five veyors. THE BOARD OF PUBLIC WORKS. 57 hundred dollars, conditioned for the fuithful performance of the duties of a land surveyor, and the payment of all damages that may be sustained by any individual for whom such services may be rendered, in consequence of the care- lessness, misconduct or incompetency of such surveyor. Said bond shall be filed in the oflfice of said board, and suits may be brought and recovery had thereon in the name of said city, by any party who may have sustained damages as above mentioned ; but said city shall in no case be held liable for the costs of such action, nor for any delinquency, fault or misconduct of such surveyor. The license to be i-'censetobe •/ recorded. granted as above provided, with a certificate of the afore- said oath sul)joined thereto, shall be recorded in the ofiice of the recorder of Cook county ; and then, and not before, the person so licensed shall have full j^ower and authority, for the term of two years from the date of such license, to make surveys within the city limits, and the like effect and v{\lidity shall be given to his acts, and to all plats and sur- veys made by him as are or may be given by law to the acts, plats and surveys of county surveyors : provided^ that the surveyors so licensed shall be governed by such laws of the state of Illinois, and such ordinances of the city of Chicago prescribing the mode of surveying, as are now or may hereafter be in force ; and provided further, that the said board of public works shall have power to revoke any Revocationof •^ J. »/ license. license granted under the provisions of this section, upon satisfactory evidence being presented to them of the incom- petency or official misconduct of the person so licensed. Sec. 7. In all cases where lands in said city are hereafter ?.''^.*^.°'" ^"'"^ J divigions to sub-divided and laid out into blocks or lots, sub-lots, streets J^ SxZvt and alleys, or new streets or public grounds are donated or granted to the public by any proprietor, in order to secure a uniform plan in the laying out of such streets and alleys, the map or plat thereof shall be submitted to the board of public works for their approval. If they approve the same they shall certify upon it their approval ; and no such map 58 CITY CHARTER. or plat shall be entitled to record or have any validity until so approved by said board, superin- gjjc, g, ^}iq board of public works is authorized to em- tendents, ^ ckrkT&c' V^^J^ from time to time, such superintendents, surveyors, clerks, assistants and workmen, in the discharge of their duties, as they may deem necessary, subject, however, to such regulations respecting the number of agents regularly or permanently employed, and their compensation and duties, as the common council may prescribe by ordinance. sS*^lc!^^^°" ^^^' ^' T^® office expenses, and the expenses for clerks, engineers and assistants, and the salaries of said commis- sioners of the board of public works and their officers shall be a charge, and shall be paid share and share alike, out of the funds pertaining to the general fund of said city, and the funds pertaining to the water and sewerage works of said city ; each of said funds to bear one-third of said expense. Quorum. gj,^^ -^Q j^ majority of said board shall constitute a quo- , ^ rum to do business ; they shall keep a record of all their Record of ' ,/ r proceedings, ^g^^g ^j^j doiugs, and shall keep and preserve copies of all contracts, estimates, receipts, plans, profiles, and the papers of the board: and shall report their acts and doings in ton^^^ ^^ detail to the common council, on or before the tenth day of April in each year, and oftener when required so to do by mMste?**^" the common council. Each of said commissioners shall oaths. have power to administer any oath authorized to be taken by the laws of this state. Sec. 11 . It shall be the duty of said board to take the sp( ild- r or( meats, &c. couucil, of all strccts, alleys, lanes or highways in said city, Board to take special of stfe^ets, special charge and superintendence, subject to such general f"gs,'river ' ordinauccs as may be lawfully established by the common and of all walks and cross-walks in the same, and of all bridges, docks, wharves, public places, public landings, public grounds and parks in said city, and of all markets, market-places and market-houses, engine houses, hospitals, armories and all other public buildings in said city, belong- THE BOARD OF PUBLIC WORKS. 59 ing to the city, except school-houses, and of the erection of all public buildings, of all lamps and lights for the lighting of the streets, alleys, lanes, highways, bridges, parks, public places and public buildings of the city, and of the erection and repair of such lamps and lights, of all works for the widening, deepening or dredging of the Chicago river, or either of its branches ; of all sewers and the works pertain- ing thereto ; of the water works of said city ; of all public improvements hereafter to be commenced by said city, and they shall perform all the duties by this act prescribed, and such other duties as the common council may prescribe by ordinance. Sec. 12. The said board shall have the exclusive privilege Permits for ■■• <-• moving ana to grant permits, according to the ordinances of the city, [n'!i"|c^"'^'^" for the moving of houses through the streets of the city, and the raising of buildings and sidewalks, and to regulate the building or placing of vaults under the streets, alleys, and sidewalks, and require such compensation for the privilege as they shall deem reasonable and just, subject to the approval of the common council ; also to regulate all open spaces for basement stories, and the use of the public streets in any legal and proper manner, except for railroad tracks ; and no building material or obstruction of any kind shall be placed in the public streets, alleys, or on the public grounds, without the written permit of said board. Said board shall have full power to regulate and control the manner of using the streets, alleys, highways and public S^J^^'a^J places of the city, for the laying down of gas or water pipes J^!^^ ^'^^*' and sewers and determine the location thereof, and to cause the prompt repair of the streets, alleys, highways and public places whenever the same may be taken up or altered ; and they are hereby authorized and empowered to charge and collect by suit or otherwise, in the name of the city of Chicago, the expense of such repairs to and from the person or persons by whom such street, alley, highway or public ground may have been taken up or altered. 60 CITY CHARTER. Wooden' buildings Sec. 13. The said board shall have the exclusive privilege within fire ■*■ *-' limits. Qf granting permits for the erection of wooden buildings within the fire limits of said city, subject to such general regulations as the common council may by ordinance pre- Fee for per- scribc ', and for all permits of every kind which said board mits. ' ^ *' is authorized to grant, it may make such reasonable charge as it may deem proper, or as the common council may by ordinance direct. Commission- g^c. 14. The commissioncrs of the board of public works, ers of special ^ ' assessments, ^f^\^ the cxccption of the mayor, shall in all cases, except as is in this act otherwise provided, act as commissioners to make special assessments, whenever the same may be ordered ; for the making of which assessments they shall receive no fees. ?erTife*for^' ^EC. 15. Whcnevcr any public improvement shall be domg^pubiic Ordered by the common council of said city, and the assess- ment for the same (where the same is to be paid for by special assessment,) shall have been confirmed, and one-half of such special assessment shall have been paid into the city treasury, the said board of public works shall advertise for proposals for doing said work ; a plan or profile of the work to be done, accompanied with specifications for the doing of the same, being first placed on file in the office of said board; which said plan, profile and specifications shall at all times be open for public inspection ; which advertisement shall be continued for at least ten days in the corporation newspaper, ^^^' and shall state the work tcr be done. The bids for the doing of such work shall be sealed bids, directed to said board, and shall be accompanied with a bond to the city in the sum of two hundred dollars, signed by the bidder and two responsible sureties, conditioned that he shall execute the work for the price mentioned in his bid, and according to the plans and specifications, in case the contract shall be awarded to him ; and in case of default on his part to execute a contract and perform the work, said bond may be sued and judgment recovered tliereon by the city for the THE BOARD OF PUBLIC WORKS. 61 full amoimt tliercof, in any court having jurisdiction of the amount. Said bids shall be opened at the hour and place mentioned in said notice. When the expense of any "vvork or public improvement shall exceed the sum of five hundred dollars, and the same is to be paid out of the general fund, or the water or sewerage fund of said city, the doing of such work shall be let by contract, in the same maimer as is provided in cases where the expense of the same is to be paid for by special assessment. Sec. 16. All contracts shall be awarded by said board to be"STd'iow- tlie lowest reliable and responsible bidder or bidders, who bidder!*^''^^ shall have complied with the above requisition and who will sufficiently guarantee, to the satisfaction of said board, the performance of said work, under the superintendence and to the satisfaction of said board ; provided that the contract price does not exceed the estimate, or such other sum as shall be satisfactory to said board ; copies of which contracts shall be filed in the office of the comptroller of said city. Sec. 17. The board of public works shall reserve the Reservations right, in their said contracts, to finally decide all questions SconSts!* arising as to the proper performance of said work ; and in case of improper construction, to suspend said work at any time, and re-let the same ; or to order the entire re-construc- tion of said work, if improperly done ; or re-let the same to some more capable and faithful contractor or contractors, with power hereby given to said board to adjust the differ- ence of damages or price, (if any there be), which the con- tractor or contractors failing to properly construct such work, in such cases of default, should, in their opinion, pay to the city, according to the just and reasonable interpreta- tion of such contract ; which difference or balance shall be recoverable at law in the name of said city, before any court having competent jurisdiction thereof, against such contrac- tor or contractors. In all cases where the contractor or T:s=tiniate8 to 1)0 issued to contractors shall proceed to properly perform and complete contractors. their said contracts, the said board may, in their discretion, 62 CITY CHARTER. from time to time as the work progresses, grant to said con- tractor or contractors an estimate of the amount ah^eady earned, reserving fifteen per cent, therefrom, which shall entitle the holder or holders to receive the amount that may be due thereon when the money applicable to the payment of such work shall have been collected, and the conditions annexed to said estimate, if any, shall have been satisfied. Liability of Auv pcrsous takins; any contracts with the city, and who city to con- "^ -■■ o »/ ./ 7 tractors. agrcc to bc paid from special assessments shall have no claim or lien upon the city in any event, except from the collec- tions of the special assessments made for the work contracted for ; and no work to be paid for by a special assessment, shall be let except to a contractor or contractors who will so agree. Board to em- Sec. 18. In casc tlic prosccution of any public work ploy work- ^ e/ 1 men to com- gliQuld bc suspcudcd iu conseQuencc of the default of any plete an im- r 1 j cSncSi^ contractor, or in case the bids for doing any such work should be deemed excessive, or the persons making proposals not responsible or proper persons to be entrusted with its performance, the board of public works may, with the written approval of the comptroller, where the urgency of the case and the interests of the city require, employ work- men to perform or complete any improvement ordered by the common council : i^rovided^ that the cost and expense thereof shall in no case exceed the amount assessed or sum appropriated for completing the same. Materials, gEc. 19. All supplics of materials, or necessaries of any now pur- -"^ ^ ' 'J chased. kind, exceeding in amount the sum of five hundred dollars, shall be purchased by said board of public works, when practicable, by contract with the lowest responsible bidder, as is provided for the making of contracts for the doing of work. Advertising Sec. 20. Whenever the said board of public works shall for bids dis- r» i • pensed with dccm it ncccssary for the interests of the city, and to protect in certain '' ./ y x cases. ^i-^Q same from great loss and damage, they shall report to the common council such necessity, and the reason for the same, THE BOARD OF PUBLIC WORKS. 63 asking from the council the power to enter into a contract (specifying such contract) without giving the notice in this act required to be given before letting a contract ; and the common council, on being satisfied of such necessity, may, by resolution, grant such power : provided^ three-fourths of all the aldermen elected shall vote in favor of such resolution. Sec. 21. All contracts entered into by said board of a.ntracts to public works, and all bonds taken by them shall be entered name of city. into in the name of, and be made to, the city of Chicago. Sec. 22. No member of the board of public works, nor Commission- ^ ' ers not to be officer or clerk in their employ, shall be interested, directly contr2tt^&^. or indirectly, in any contract made and entered into by said board of public works, for any work or for any materials to be furnished therefor ; and all contracts made with said board in which any member or officer of said board shall be so interested, shall, at the option of the city, be declared utterly void and of no binding effect whatever ; and any member or officer of said board interested in any contract shall thereby forfeit his office, and be removed therefrom on proof of such delinquency ; and it is hereby made the duty of each member of said board of public works, and of the mayor, and of every officer of said city, to report to the common council any such delinquency 'when discovered. Sec. 23. The board of public works shall have the exclu- Board to have exclusive sive charore and superintendence of the sewerage and water charge of '^ >■ o Mater and works of said city, and shall receive and collect all water ^^^T^® rents, water taxes or assessments, and sewerage permits and licenses ; and they shall report to the city treasurer once in each week all moneys so received by them, and at the same time pay over to said city treasurer all such moneys, with a statement of the same ; to which account the same belong, and shall receive his receipt for all moneys so paid over. Sec. 24. All bonds, contracts, afrreements or obliirations, ^ » . , ' ' c c J Contracts for of what kind or nature soever, heretofore executed by the ^'^^^''^nd ' •/ sewerage board of sewerage commissioners, or water commissioners, ^'^"^^^^ 64 CITY CHARTER. shall be carried out and completed by said board of public works. All contracts entered into by said board on account of tlie sewerage or water works of said city, shall specify that they are for such works, and are to be paid out of the funds pertaining to such works. Anmmi esti- gEC. 25. The board of public works shall, on or before mate of sums -"^ ' remS'^&c."^ tlic first day of May in each year, submit a statement to the comptroller, to be by him laid before the common council, with his annual estimate, of the repairs and improvements to be paid for out of the general fund of the city, and neces- sary to be undertaken by said city during the current year, and of the sums by said board of public works required to make such re23airs and improvements, as near as the same can be estimated, which report shall be in detail, and such estimate having been revised by the common council, the aggregate amount of the sums required after such revision shall be provided for in the general tax levy to be laid on Mode of dis- Said city. All moneys hereafter to be paid to any person bm-sement. _ , • i i • i or persons out oi the moneys so raised and appropriated, or out of the sewerage or water funds, or any special assess- ment fund, shall be certified by the president of the board of public works, or in his absence by the acting president of said board, to the comptroller, who shall draw his warrant on the treasurer therefor, stating therein the particular fund to which the same is chargeable, and the person to whom payable ; and such warrant shall be countersigned by the president, or in his absence by the acting president, of the board of public works and the mayor. Oath of office. §^0. 26. The commissioners of the board of public works shall be sworn the same as other ofiicers to the faithful dis- charge of the duties of their office ; and no person hereafter Special re- clccted sliall act as a commissioner of said board until, in addi- tion to the oath required of all city officers, he shall swear that he is then, and for the year immediately preceding has been, a resident freeholder in the division of the city from which he was elected, which oath shall be filed in the clerk's office. quirement. THE BOARD OF PUBLIC WORKS. 65 Sec. 27. No member or officer of said board, or other pSibited officer of said city, and no member of the common council, iI,K°Vrofir -,-., ,. , .T 1 • 'x J. from public shall either dn'ectly or indirectly receive any interest or funds, profit whatever on account of the deposit of any of the funds belonging to the city ; nor shall any member or officer of said board, or officer of said city, or any member of the common council, either directly or indirectly, make use of or borrow any of said funds for his own private benefit or advantage. The funds of said city in the hands of said board shall, until deposited with the treasurer of said city, c^f^undl. as herein before provided, be kept in such place or places of deposit as shall, by an order of said board, be directed, which order shall be entered upon the records of the said board : if either of the members or any of the officers of SeS-"^ said board shall, either directly or indirectly, receive or '"''°^' appropriate for his own use or benefit any of the funds, money or property of the said city, or shall directly or in- directly take, pledge or borrow any of the said funds or property for his own use or benefit, such member or officer of said board shall be deemed guilty of embezzlement, and shall be liable to indictment, and on conviction thereof shall be sentenced to imprisonment for a term of not less than six months nor more than ten years, in the penitentiary of this state ; and also be fined in a sum equal to the amount of the money embezzled. The members of said board shall be liable upon their bond for the loss of any or all moneys coming into the possession or control of said board. Sec. 28. It shall be the duty of the said board to keep Account of *' 1 receipts and books of account, showing with entire accuracy the receipts t^eT&c. and expenditures of the board, in such manner as to enable the same to be readily understood and investigated ; and also to preserve on file in their office duplicate vouchers for all their expenditures, which books and duplicates shall at all times be open to the examination of the comptroller of said city, or to the finance committee of the common council, or to any other committee appointed by the common council. 5 66 CITY CHARTER. CHAPTER VII. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS. Cotincil em- powered to la J' out streets, &c. Section. 1. Power to lay out streets; to Improve them; to widen and deepen the river; to construct side walks ; and improve parks. 2. Expenses defrayed by special assess- ments. 3. Applications for public improvements to be made or referred to board of pub- lic works ; board \o report to council. 4. Plan or profile of improvements to be furnished in certain cases : facts to be specially reported; three-fourths' vote of council required in certain cases. 5. Assessments for condemnation of real estate. 6. Commissioners to be sworn ; notice of meeting ; witnesses may be examined. 7. Damages to be api^raised deducting benefits. 8. Report to show amount to be paid or received for damage or benefit. 9. Yalue of land donated to be set off against benefits. 10. Yaluation of buildings; owner to be notified thereof; refusing to take, buildings to be sold. 11. Each party in interest entitled to an award. 12. Damages and expenses to be assessed on real estate benefited. 13. Assessment roll to be filed; notice of application for confirmation; objec- tions ; pi'oceedings thereupon. 14. Property owners may appeal ; proceed- ings therein. 15. Condemnation eifectual when assess- ment Is confirmed; payment of dam- ages. 16. Notice to be published of readiness to pay ; city may then take possession. 17. When whole of lot taken, contracts to cease. 18. When part taken, to cease as to that part ; to continue as to the residue. 19. Proceedings to be recorded. Section 1. The common council shall have power, from time to time, First. To lay out public streets, alleys, lanes, and high- ways, and to make wharves and slips at the ends of streets, and extend, alter, widen, contract, straighten, and discon- tinue the same ; and to purchase, and lay out public parks, squares or grounds. Sectiox. 20. Assessments for deepening the river. 21. Assessments for imj^roving streets. 22. Assessments on railway companies. 23. Oath of commissioners; notice of meet- ing. 24. Return of assessment roll; notice; pro- ceedings thereupon. 25. Owner to construct sidewalks and drains when ordered ; assessment therefor. 26. Penalty for refusal. 27. If owner refuses to construct, board of public works may do the work and assess expense. 28. Repair of side walks and drains; ex- pense, how collected. 29. Owners and occiipants responsible for safe condition of side walk. 30. Erection of lamp posts; assessments therefor. 31. Removal of nuisances; expense, how collected. 32. Landlord to pay assessment when no agreement to the contrary; remedy when paid by tenant. 33. Guardians of infants, by whom to be appointed. 34. Writ of certiorari, when to be issued. 35. New assessment when first insuificient; excess to be refunded. 36. On failure to collect, re-assessment may be made; assessments a lien for five years. 37. Commissioner interested disqualified from serving ; vacancy', how filled. 38. Expense of river improvements may be defrayed by general tax. 39. Improvements to be paid for out of general fund. 40. Construction of bridges by private en- terprise. 41. Penalty for willful injury to cityproperty. . 42. Improvement of Michigan Avenue. 43. Encroachment prohibited on public ground east of Michigan Avenue. 44. Repealing clause. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS. 67 To widen and jen river Second. To cause any street, alley, lane or liiglnvay, to Jt'rer''® be filled, graded, leveled, paved, curbed, walled, graveled, macadamized or planked ; and keep the same in repair. Thlnl. To widen, deepen, or dredge out the Chicago fj^^ river, or either of its branches, or any part or parts of the same. Fourth. To cause cross and side walks, area walls, lamp ^JlJf'JJl^'^ posts, and private drains, to be constructed and laid, relaid, erected, cleansed and repaired. Fifth. To fill, grade, improve, protect and ornament, l'^^^^^^^ any public square, now, or hereafter, laid out. Sec. 2. The expenses of any improvement mentioned in STSy- the foregoing section, shall be defrayed, save as is herein '"^- otherwise provided, by a special assessment upon the real estate benefited thereby, to be levied in the manner herein- after prescribed. Sec. 3. All applications or propositions for establishing ^^{IPjJJfJ^^^^ the grade of streets or for a change of grade, the erection JJI^^^^^^jPrl* of bridges and lamp posts, the grading, re-grading paving, fl^^aMofVb- re-paving, graveling, and re-graveling, macadamizing, plank- ing, and re-planking of streets, alleys, highways, or lanes, the construction and repair of sidewalks and private drains, the improvement of public grounds or buildings belonging to the city, except school houses, the widening, deepening or dredging of the Chicago river, or either of its branches, the opening, straightening, widening or closing of any street, alley, lane, or highway, or for any other improvement, the doins: of which is within the discretion and control of the municipal government of said city, shall hereafter be first made to the board of public works ; or, if first made to the common council, shall be ])y them referred to said board. Upon receiving any such application, the said board sliall proceed to investigate the same ; and if they shall deter- mine that such improvement is necessary and proper, tliey Board to re- ^ , . , P<^rt to coun- shall report the same to the common council accompanied cu. with an estimate of the expense thereof, and a proper ordi- 68 CITY CHARTER. nance or order directing the work. If they do not approve of such application they shall report the reasons for their disapproval, and the common council may then, in either case, order the doing of such work, or the making of such public improvement, after having first obtained from said board an estimate of the expense thereof. The board of public works may also, in like manner recommend, whenever they think proper, any improvement of the nature specified in this section, though no application may have been made mocuf ^ S therefor ; and in all cases the common council, after having obtained from said board an estimate of the expense, may make such changes in the proposed plan as may be petitioned for by any of the owners of the property to be assessed, fiieyim-"^*^ Sec. 4. Whenever the board of public works shall recom- ErtoSVd! mend the opening, straightening, widening, or extending, of any street, lane, alley, or highway, in said city, or the widening of the Chicago river, or either of its branches, or any part or parts of the same, they shall furnish to the com- mon council a plan or profile of the contemplated improve- f ^cfan° re- ^^^U ^^^ shall also specially report whether, in their opin- ported. JQjj^ YQal estatc to be assessed for said improvement can be found benefited to the extent of the damages, costs, and expenses necessary to be incurred thereby ; and whenever in any case they shall recommend to the common council the doing of any work, or the making of any public improve- ment, to be paid for by a special assessment, they shall with such recommendation certify to the common council whether the contemplated improvement is asked for by the petition of the owners of a majority of the property to be assessed for such improvement, and if the owners of a majority of the property so to be assessed, shall have failed to petition therefor, the same shall be ordered only by the votes of at fourths' vote ^^^^^ three-fourths of all the aldermen present, such vote to be entered by ayes and noes on the record of the common council. The certificate of said board of public works shall PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS. 69 he prima facie evidence as to the number of said petitioners and of their interest in the property assessed. CONDEMNATION PROCEEDINGS. Sec. 5. Whenever any order is passed by the common for^comiem- council, by virtue hereof, for the making of any public im- estate. provement mentioned in the first section of this chapter, which shall require the appropriation or condemnation of any land or real estate, the commissioners of the board of public works shall forthwith proceed to ascertain and assess the damages and recompense due the owners of such land respec- tively, and at the same time to determine what real estate will be benefited by such improvement, and assess the dama- ges, together with the costs of the proceedings, on the real estate by them deemed benefited, in proportion, as nearly as may be, to the benefit resulting to each separate lot or parcel. If the proceeding be one for widening the Chicago river, or thenver! either of its branches, or any part or parts of the same, the assessment may, if so ordered by the common council, be made to include the estimated expense of excavation and completing the work, in addition to the value of the land condemned ; but in all other cases shall cover only the dama- ges awarded for the real estate appropriated and the costs of the proceedings. Sec. 6. Before proceeding to make said assessment the oath of commissioners shall be sworn, faithfully to execute their du ties, according to the best of their ability. They shall then Notice give six days' notice by publication in the corporation news- paper, of the time and place of their meeting for the pur- pose of making said assessment, in which notice they shall specify what such assessment is to be for, and shall describe the land to be condemned, as near as may be done by gen- eral description. The meeting of said commissioners when engaged in making such assessment, shall be held in a public place in said city, to be specified in said notice, and all per- com- missioners. 70 CITY CHARTER. Evidence. sons interested in any such assessment, shall have the right to be present and he heard, either in person or by counsel. The commissioners shall view the premises to be condemned and receive any legal evidence that may be offered, for the purpose of proving the true value thereof, or the damages that will be sustained, or benefit conferred by reason of the contemplated improvement ; and the said commissioners, for this purpose, are hereby authorized to administer oaths to all witnesses produced before them. They shall permit the counsel to the corporation, or city attorney, to appear before them at such hearing, to represent the interests of the city, and may adjourn from time to time until said assessment is completed. Appraisal of Sec. 7. The commissioncrs, in makino; said assessment, damage and ^ "--' benefit. shall determine and appraise, to the owner or owners, the value of the real estate appropriated for the improvement and the injury arising to them, respectively, from the condemnation thereof, which shall be awarded to such owners respectively, as damages, after making due allowance there- from for any benefit which such owners may respectively derive from such improvement. Eeport to Sec. 8. If the damage to any person be greater than the show dam- n i i r» i ? age and benefit rcccived, or if the benefit be greater than the damage, benefit. ' ^ ^ ° _ ^ ' 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 collectable of them, d^ paid to them. Value of land ggc. 9. In the asscssmcut of damages and benefits for donated may *-" be set off ii^Q opening of any street or alley, it shall be lawful for the against bene- x o ./ t/ 7 ^*^- commissioners, in their discretion, in making such assess- ment, where part of the land to be laid out into such street or alley, has been theretofore donated by any person or persons for such street or alley, to appraise the value of the land so donated, and to apply the value thereof, as far as the amount so appraised shall go, as an offset to the benefits PUBLIC mPROVEMEXTS AND SPECIAL ASSESSMENTS. 71 assessed against the person or persons making such donation, or those claiming under them ; but nothing herein contained shall authorize any person or persons by whom such dona- tion is made, to claim from the city the amount of such appraisal, except as an offset, as herein provided. And where the assessment is one for the widening of any street, which may have been theretofore, either in whole or in part, donated to the public by the proprietors of the adjoining land, it shall also be lawful for said commissioners, in their discretion, to make such allowance therefor, in their assess- ment of benefits, as shall to them seem equitable and just. Sec. 10. If there should be any buildinor standing- in valuation of 11. 1 , -, ' ^ buildings. whole or m part upon the land to be taken, the commis- sioners shall add to their estimate of damages for the land, the damages also for the building or part of building neces- sary to be taken, if it be the property of the owner of the land. When owned by any other person, the damages for the building shall be assessed separately. The value of such building to the owner to remove, or of the part thereof necessary to be taken, shall also be determined by the commissioners, and notice of such determination shall be Notice to given by them to the owner when known, if a resident of the city, or left at his usual place of business or abode. If the owner is not known, or is a non-resident, notice to all persons interested shall be given by publication for ten days in the corporation newspaper. Such owner may at any time within ten days after service, or the first publication of such notice, notify to said commissioners in writing his election to take such building or part of building at their appraisal ; and in such case the amount of such appraisal shall be deducted by the commissioners from the estimated damages for the land and building, where they belong to the same owner, and from the estimated damages for the building where they belong to different owners ; and the owner shall have such time for the removal of the buildinor after the confirmation of the assessment, as the board of public works 72 CITY CHARTER. Sale of build- Each party in interest enti- tled to award. Damages to be assessed on real es- tate benefit- ed. Return of assessment roll. Notice. . may allow. If the owner shall refuse to take the building at the appraisal, or fail to give notice of his election as aforesaid, within the time prescribed, then no deduction shall be made from the estimated damages aforesaid, and the board of public works shall, after the confirmation of the assessment, and after the money is collected or otherwise provided and ready in the hands of the treasurer to be paid over to the owner for his damages, proceed to sell such building or part of building, at public auction, for cash, giving at least five days' public notice of the sale by publi- cation in the corporation newspaper, and cause such building to be then forthwith removed. The proceeds of such sale shall be paid into the city treasury to the credit of the special assessment fund raised for the said improvement. Sec. 11. If the lands and buildings belong to different persons, or if the land be subject to lease, the injury done to such persons, respectively, may be awarded to them, by the commissioners, less the benefits resulting to them, respectively, from the improvement. Sec. 12. Having ascertained the damages and expenses of such improvement, as aforesaid, the commissioners shall thereupon apportion and assess the same, together with costs of the 251'oceedings, upon the real estate by them deemed benefited, in proportion to the benefits resulting thereto from the improvement, as nearly as may be, and shall briefly describe the real estate upon which their assess- ments may be made ; and it shall constitute no legal objec- tion to said assessment that the amount thereof either exceeds or falls short of the original estimate of the cost of the improvement submitted to the common council by the board of public works. Sec. 13. When completed, the commissioners shall sign and file the assessment roll in the oflice of the city clerk, and a duplicate thereof in the office of the board of public works. Notice shall be given by said commissioners, by six days' publication in the corporation newspaper, of the PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS. 73 filing of such assessment roll in the clerk's office ; and that at the next regular meeting of the common council, to be held after the expiration of such publication, they will apply to the common council for a confirmation of said assessment. Objections to said assessment may be heard before the objections, common council, but all parties objecting shall file their objections in writing, in the office of the city clerk, at least one day prior to such meeting of the council. Should no quorum be present at such meeting, the matter shall stand postponed to the next regular meeting of the council when there shall be a quorum. The council shall have power to ^"jJ^StJero- adjourn such hearing from time to time, and shall have power, ^°- in their discretion, to revise and correct the assessment, and confirm or annul the same, and direct a new assessment to be made. Said assessment, when confirmed by the common council, shall be final and conclusive upon all parties interested therein, except as is hereinafter provided ; and when said assessment is confirmed and no appeal is taken, as herein provided, a warrant shall issue for the collection of the same, signed by the mayor and city clerk. If said assessment shall be annulled by the common council or set aside by the court, the commissioners of the board of public works shall proceed to make a new 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 rights, and the common council shall perform like duties and have like powers in relation to any subsequent determination, as are hereby given in relation to the first. Sec. 1-4. Any person whose property has been appropriat- Appeal from J 11 ^ n^ ■> ^ ' ' • i ^ i' Confirmation. ed, and who has filed objections to said assessment, as hereinbefore provided, shall have the right, at any time within ten days after the confirmation of the same by the common council, and not after that time, having first given notice of his or her intention so to do, to the counsel to the corporation, or city attorney, specifying in such notice the 74 CITY CHARTER. court to wliicli the appeal is to be taken, to pray an appeal to any court of general jurisdiction in Cook county, from the order of the common council confirming such assessment, upon filing a bond to said city, approved by the judge or judges of the court to which the appeal is taken, conditioned to save the city harmless from all damages caused by the taking of such appeal. In case of appeal, a copy of the assessment roll, as confirmed by the common council, and of the objections to the final order confirming the same, shall be filed in the office of the clerk of the court to which such appeal shall be taken, and the cause shall be docketed by such clerk in the name of the person taking such appeal against the city of Chicago, as an ^' appeal from assessment." The said cause shall be then at issue, and shall have the preference in order of trial over all civil causes pending in said court. Such appeal shall be tried by the court, and on such trial the only questions to be passed upon, shall be whether the common council had jurisdiction in the case, and whether the valuation of the property specified in the objec- tions is a fair valuation, and the assessment, so far as it affects said property, is a fair and impartial assessment. The judgment of the court shall be either to confirm or an- nul the assessment, from which judgment no appeal or writ of error shall lie. condemna- Sec, 15. When any such assessment shall have been con- tion effectual ^ -, ■, •, •^ t iii onconfirma- firmed by the common council, and no appeal have been taken therefrom, or, if an appeal shall have been taken, when judgment to confirm the assessment shall have been rendered thereon, the same shall be a lawful and sufficient condemnation of the land or property ordered to be appro- priated. The board of public works shall thereupon cause to be paid to the owner of such property, or to his agent, Payment of the amouut of damages, over and above all benefits, which may have been awarded therefor, as soon as a sufficient amount of the assessment shall have been collected for that purpose ; but the claimant shall in all cases furnish an PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS. 75 abstract of title, showing himself entitled to such damages before the same shall be paid. If, in any case, there shall be any doubt as to who is entitled to tlie damages for land taken, the city may require of the claimant, a bond with good and sufficient sureties to hold said city harmless from all loss, costs and expenses, in case any other person should claim said damages. In all cases, the title to land taken and condemned in manner aforesaid, shall be vested absolutely in the city, in fee simple. Sec. 16. As soon as the money is collected, and ready, J^gadinesa to in the hands of the treasurer, to be paid over to parties ^^^' entitled to damages for property condemned, ten days' notice thereof shall be given by the board of public works in the corporation newspaper; and the city may then, and wheTSTe not before, enter upon, take possession of and appropriate the property condemned. Sec. 17. Where the whole of any lot or parcel of land Zlflln,''^' or other premises under lease or other contract, shall be ?ease!^*^ *^ taken for any of the purposes aforesaid, by virtue of this act, all the covenants, contracts and engagements between landlords and tenants, or any other contracting parties touch- ing the same or any part thereof, shall, upon publication of the notice required in the preceding section, respectively cease and be absolutely discharged. Sec. 18. Where part only of any lot or parcel of land or Sen.Su- other premises so under lease or other contract, shall be Sl^S taken for any of the purposes aforesaid, by virtue of this ^"*^^ ^^^^' act, all the covenants, contracts and agreements and enfrao-e- ments respecting the same, upon publication of the aforesaid notice, shall be absolutely discharged as to the part thereof so taken, but shall remain valid as to the residue thereof, and the rents, considerations and payments reserved, paya- ble and to be paid for, or in respect to the same, shall be so proportioned as that the part thereof, justly and equitably payable for such residue thereof, and no more, shall be paid or recoverable for the same. 76 CITY CHARTER. Proceedings Sec. 19. All proceedings taken by said board of public to be record- ^ ° _ *' ^ ed. works, in relation to the laying out of any street, alley, lane or highway, wharf, slip, public square or ground, or the widening, contracting, straightening or discontinuing the same, and all proceedings for the widening of the Chicago river, or either of its branches, shall be recorded by the said board, in a book or books kept for that purpose, describing particularly the said improvements, and the real estate re- quired to be taken therefor. DEEPENING AND DREDGING THE RIVER. Assessment gEc. 20. Whenever any order is passed by the common for deepening ^ '^ it/ "^^^- council, by virtue hereof, to deepen or dredge out the Chicago river, or either of its branches, or any part or parts of the same, the commissioners of the board of public works shall forthwith proceed to assess the amount directed to be assessed, on the real estate by them deemed benefited by any such improvement, in proportion, as nearly as may be, to the benefit resulting to each separate lot or parcel ; and shall briefly describe in the assessment roll, to be made by them, the real estate assessed, and the amount of the assess- ment in each case. IMPROVEMENT OF STREETS. Assessment gEc. 21. Whenever any order is passed by the common for miprov- '' a ./ mg streets, couucil, by virtuc hereof, for the filling, grading, leveling, paving, curbing, walling, graveling, macadamizing, planking, or repairing of any street, lane, alley, or highway, the commissioners of the board of public works shall forthwith proceed to assess the amount directed by the common council to be assessed, on the real estate fronting or abutting on the contemplated improvement. Said assessment shall be made in such manner, as nearly as may be, that each separate block, lot, sub-lot, piece or parcel of land, on either side of the street or part of street to be improved, shall sustain the cost and expense of making or completing the improvement upon that half of the street directly adjacent to or in front of the same. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS. 77 Sec. 22. Where, in any case, any portion of the cost and ^^^r^fi^lj* expense of making any improvement mentioned in the companies, foregoing section, shall, by virtue of any valid law or ordinance of the corporation, or by virtue of any valid contract, be chargeable upon any rail-way company, the amount so chargeable may be assessed upon said rail-way company, and the balance only, upon the real estate fronting or abutting on such improvement ; and the city may collect the amount so assessed upon the said rail-way company, by distress and sale of personal property, as in other cases, or by suit brought for that purpose : provided, that any real estate belonging to such rail-way company and fronting or abutting upon the said improvement shall be assessed as in other cases. Sec. 23. Before proceedinf' to make an assessment, for oathof com- any improvement mentioned in the three preceding sections, said commissioners shall be sworn as in other cases, and shall give six days' notice, by publication in the corporation ^"o^^f.^ ^^ n *' 7 »/ 1 I meeting. newspaper, of the time and place of their meeting for the purpose of making said assessment, in which notice they shall specify what such assessment is to be for, and the amount to be assessed. All persons interested in any such assessment shall have the right to be present and be heard, either in person or by counsel, and the commissioners may, in their discretion, receive any legal evidence, and may adjourn, if necessary, from time to time. Sec. 24. When the commissioners shall have completed i^«*"™^f«^ ^ sessmentroll. their assessment, they shall sign and return the same in like manner, and give like notice of the application to the common council for confirmation, as herein reijuired in relation to assessments for the condemnation of real estate ; and all parties in interest shall have the like rights, and the Proceedings i o 7 thereon. common council shall perform like duties and have like powers in relation to such assessment as are herein given in relation to assessments for the condemnation of real estate. When confirmed by the common council, said assessment 78 CITY CHARTER. Owners to construct side walks. shall be final and conclusive upon all parties interested therein, and shall be collected as in other cases ; and no appeal shall lie in any case from the order of confirmation. If any assessment be annulled or set aside, the said commis- sioners shall proceed to make a new assessment and shall return the same in like manner and give like notices as herein required in relation to the first. SIDEWALKS AND DRAINS. Sec. 25. All owners or occupants of real estate, in front of, adjacent to, or upon whose premises the common council shall order or direct any sidewalk or private drain to be constructed, shall construct such sidewalk or private drain at their own costs and charges in the manner prescribed by said common council and within such reasonable time, not exceeding twenty days, as the board of public works shall direct, of which time notice shall be given to such owner or occupant, by personal service, or leaving the same at his usual place of business or abode, or by three days' publica- tion in the corporation newspaper. If the work be not done in the manner and within the time prescribed, the commis- sioners of the board of public works shall forthwith proceed to assess the amount necessary to be assessed therefor, together with all costs, upon the real estate aforesaid, which assessment shall be made and returned, and may be confirmed and collected in the same manner as in the case of filling, grading or paving streets, and when confirmed shall have the same force and efi'ect ; like powers, rights and duties being hereby conferred and imposed upon the said commis- sioners and common council and on all parties interested, in both cases. Sec. 26. For any neglect or refusal to comply with any order of the common council in the preceding section re- ferred to, the said common council may impose by ordinance such penalties upon the owners or occupants aforesaid, not exceeding twenty dollars for each day's neglect, as to the said common council shall seem proper. If delin- quent, ex- pense to be assessed. Penalty for neglect. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS. 79 Sec. 27. Upon the passage of any order in the two pre- o^^'^^^gcon. struct, board i-e of ceding sections referred to, the board of public works may, of''pui;nc in their discretion, in case the said owners or occupants ^^^^^^^y- should fail to comply therewith, cause said improvement to be made and paid for out of any moneys in the treasury at their disposal, and afterwards cause the expense thereof J^Jgg°7sed. together with all costs, to be reimbursed by a special assess- ment to be levied and collected as in other cases, or the same may be recovered by suit from such owner or occupant, as for money paid and laid out for his use and at his request. Sec. 28. When in any case, it shall be deemed necessary 2jP^!||,2 by the board of public works to cause any sidewalk to be ^^'^ '^^^'"• raised, lowered, repaired or relaid, or any private drain to be raised, lowered, repaired or cleansed, it shall be lawful for said board to require the owner or occupant of the premises, in front of, adjacent to, or upon which said im- provement is to be made, to make the same forthwith, or within such reasonable time as the board of public works may prescribe, either upon written or verbal notice to that effect ; and in case of neglect or refusal to comply with said requirement, as well as in all cases where the owner or occupant cannot be found, the board of public works may cause the work to be done and paid for out of any moneys in the treasury at their disposal. Said board shall then ^^^^^^^''^^ rej^ort to the common council the amount of said expendi- ture, giving a description of the lots or other premises liable therefor, and the amount for which each is chargeable. The common council shall thereupon assess the said expenses, by an order, ordinance or resolution, upon such lots respec- tively, and the same may be collected by warrant and sale of the premises, as in other cases. A suit may also be suittorecov r ' *' er expense. maintained against the owner or occupant of such premises for recovery of such expenses, as for money paid and laid out for his use and at his request. The common council may also by ordinance impose such penalties upon the owners or occupants aforesaid for any neglect or refusal to comply 80 CITY CHARTER. with the aforesaid requirement, not exceeding twenty dol- lars for each day's neglect, as to the said common council shall seem proper. SpIntsT^ Sec. 29. Nothing in the preceding sections contained, safJ'coidi-"'^ shall be so construed, as to relieve the owners or occupants tion^of side- ^£ ^^^Y estate from the duty of keeping the sidewalk in front of or adjacent to their respective premises, at all times, in a safe condition and in a good and thorough state of repair ; but such duty is hereby expressly enjoined and imposed upon all such owners and occupants ; and if at any time any injury shall be sustained by any individual, or the city shall be subjected to any damages in consequence of any defect in any sidewalk, or its being out of repair, the owner and occupant of the adjacent premises, whose duty it is to make repairs, shall be jointly and severally liable therefor, and the same may be recovered by suit in any court of general jurisdiction. If the owner be a non-resi- dent, proceedings may be commenced against the property by attachment, as in other cases of attachment under the laws of this state. ERECTION OF LAMP POSTS. Assessment g^c. 30. Whenever any order is passed by the common for lamp *' r ,/ posts. council, by virtue hereof, for the erection of lamp posts upon any of the streets in said city, the commissioners of the board of public works shall forthwith proceed to assess the amount directed by the common council to be assessed therefor, upon the several lots, pieces or parcels of land fronting or abutting on the street or part of street along which said posts are to be erected. Said assessment shall be made in such manner, as nearly as may be, that each separate lot, piece or parcel of land on either side of such street, for the whole distance proposed to be lighted, shall sustain its fair proportionate share of the expense, accord- ing to the number of lineal feet of each separate lot or parcel on such street ; which assessment shall be made an^ PUBLIC IMPROVExMENTS AND SPECIAL ASSESSMENTS. 81 returned, and may be confirmed and collected, in the same manner as in the case of filling, grading or paving streets, and when confirmed shall have the same force and effect ; like powers, rights and duties being hereby conferred and imposed upon the said commissioners and common council, and on all parties interested, in both cases. REMOVAL OF NUISANCES. Sec. 31. In all cases where expenses may be incurred in nu°^°np^g°/ the removal of any nuisance, the common council may cause cXctSi.^"^ the same to be assessed against the real estate chargeable therewith, in the manner prescribed in the twenty-eighth section of this chapter. Such expenses shall be likcAvise collectible of the owner or occupant of such premises in a suit for money expended to his or their use. Suit may, in like manner, be brought for such expenses against the author of such nuisance, when known, or any person whose duty it may be to remove or abate the same. GENERAL PROVISIONS. Sec. 32. In all cases where there is no agreement to the Landlord to pay assess- contrary, the owner or landlord, and not the occupant or mentswhen *' ^ noagreement tenant, shall be deemed the person who ought to bear and [^^^^ '^°'^- pay every charge or assessment made for the expense of any public improvement. Where any such charge or assess- ment 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 one so paying to sue for and recover of the person bound to pay the same, the amount so paid, with interest ; or he may retain and deduct the same from any rent due or to become due to such person. Nothing herein contained shall impair or in any way affect any agreement between any landlord and tenant, or other persons, respecting the payment of such assess- ments. Sec. 33. "When any known owner residing in said city, infant own- • n ^ 1 ers of reales- or elsewhere, shall be an nmint, and any proceedings had tatemay 82 CITY CHARTER. have guard- under this act shall render it necessary, the circuit court of the county of Cook, the judge thereof, or any judge of any court of general jurisdiction in said city, or the judge of the county court, may, upon the application of the board of public works, or such infant, or his next friend, appoint a guardian for such infant, taking security from such guard- ian for the faithful execution of such trust, and all personal notices and summons, required by this act, may be served on such guardian. Sec. 34. No writ of certiorari shall be allowed in the case of any special assessment proceedings commenced under the provisions of this act, unless applied for within thirty days Certiorari, when to be issued. New assess- ment. Excess re- funded. On failure to collect, new assessment may be made. after the confirmation of the assessment, and not then at the suit of any party who has neglected to file his objections to such confirmation as hereinbefore provided, unless the party applying for the writ shall satisfy the court by legal and satisfactory evidence, other than his own oath, that he has a sufficient legal excuse for such omission or neglect. Sec. 35. If, in any case, the first assessment prove in- sufficient, the board of public works shall make a second in the same manner, and so on, until sufficient moneys shall have been realized to pay for such public improvement. If too large a sum shall at any time be raised, the excess shall be refunded rateably to those by whom it was paid. Sec. 36. If, from any cause, the city shall fail to collect the whole or any portion of any special assessment which may be hereafter levied, and which shall not be canceled and set aside by the order of any court upon certiorari or appeal, for any public improvement required to be paid for by special assessment, the common council may, at any time within five years after the confirmation of the original assessment, direct a new assessment to be made upon the delinquent property, for the amount of such deficiency, and interest thereon from the date of such original assessment, which assessment shall be made, as near as may be, in the PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS. 83 same manner as is herein prescribed for the first assessment. In all cases where partial payments shall have been made on such former assessment, they shall be credited or allowed on the new assessment to the property for which they were made, so that the assessment shall be equal and impartial in its results. If such new assessment prove ineffectual, either in whole or in part, the common council may, at any time within said period of five years, order a third, and so on, to be levied in the same manner and for the same purpose ; and it shall constitute no legal objection to such re-assessments that the property may have changed hands or been encumbered subsequent to the date of the original assessment, it being the true intent and meaning of this section, to make the cost and expense of all public improve- . ' r 1 r Assessment. ments to be paid for by a special assessment, a charge upon ^^^^ *"' ^''^ the property assessed therefor, for the full period of five years from the confirmation of the original assessment, and for such longer period as may be required to collect, in due course of law, any new assessment ordered by the common council within that period. Sec. 37. If in any case, the commissioners of the board Jommfflon- of public works, or either of them, are specially interested fied.'*'^'^^ in any special assessment about to be levied, the commis- sioners or commissioner so interested shall be disqualified from servin"; in that particular case. Any vacancy occa- ^vi(i, •^ •"• property to other property, the same shall be struck off to the city ; and f'^t^^'^h'^'''^ thereupon the city shall receive, in the corporate name, a certificate of the sale thereof, and shall be vested with the same rights as other purchasers at such sales. Sec; 22. The collector shall make return of his precept Return of precept. to the court from which the same was issued. A record of Kecoru of sales* all sales made by the collector shall be kept in the office of the comptroller, which shall be open to public inspection at all reasonable times ; and said record or copies thereof, certi- fied by said comptroller, shall be deemed sufficient evidence to prove the saleof any land or other property for taxes or assess- ments, or any other fact authorized to be recorded therein. Sec. 23. The right of redemption in all cases of sales for Redemption. taxes or assessments, shall exist to the owner, his heirs, creditors, or assigns, to the same extent as is allowed by law, in the case of sales of real estate for taxes, on the pay- ment, in lawful money of the United States, of double the amount for which the same was sold, and all taxes accruing subsequent to the sale, with interest at the rate of ten per cent, per annum. If the real estate of any infant, feme- covert, or lunatic, be sold under this act, the same may be redeemed, at any time within one year after such disability shall be removed, lledemption shull be made by the pay- ment of the amount of redemption money to the treasurer, and taking his voucher therefor, and filing the same in the office of said comptroller, who sliall thereupon note the fact of said redemption upon his record of sales ; or, any person holding a certificate of sale may surrender the same to tlic 102 CITY CHARTER. If not re- deemed, a deed to be given. comptroller to be canceled, and the fact shall in like manner be noted upon said record. Upon the return of the certifi- cate, or proof of its loss, and the filing with the comptroller of the afiidavit required by the constitution of this state, if the property shall not have been redeemed according to law, a deed shall be executed to the purchaser, or his assignee, under the corporate seal, signed by the mayor, comptroller and clerk, conveying to such purchaser or assignee the premi- ses so sold and unredeemed, as aforesaid. A memorandum of all deeds so made and delivered shall be entered by the comptroller in the book wherein tax sales are recorded ; and a fee of one dollar may be charged by the comptroller for every deed so issued. Sec. 24. Such certificate of purchase shall be assignable by endorsement, and an assignment thereof shall vest in the assignee, or his legal representatives, all the right and title of the original purchaser. Sec. 25. Whenever it shall appear to the satisfaction of the comptroller, before the execution of a deed for any property sold for taxes, that such property was not subject to taxation, or that the taxes had been paid previous to the sale, he shall make an entry opposite to such property on his record of sales, that the same was sold in error, and such entry shall be evidence of the fact therein stated ; and this provision shall apply, so far as the same is applicable, to all sales for special assessments. Sec. 26. All deeds made to purchasers, of lots, lands or other property, sold for taxes or assessments, shall be i^rima facie evidence, in all controversies, and suits, in relation to the right of the purchaser, his or her heirs or assigns, to the premises thereby conveyed, of the following facts : First. That the land or lot conveyed, was subject 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. Certificates assignable. Erroneous sales to be canceled. Tux deeds prima facie evidence of cerfiiu facts COLLECTION OF TAXES AND ASSESSMENTS. 103 Second. That the taxes or assessments were not paid at any time before the sale. Third. That the land or lot conveyed, had not been re- deemed from the sale at the date of the deed : And shall be conclusive evidence of the following facts : ev^Jncl^of First. That the land or lot was advertised for sale, in *'^'^'° *^'- the manner and for the length of time required by law. Second. That the land or lot was sold for taxes, or assessments, as stated in the deed. Third. That the grantee, in the deed, was tlie purchaser. Fourth. That the sale was conducted in the manner required by law. And in all controversies and suits, Proof requk- . . . ed to defeat involving the title to the lot or land claimed and held under tax title. and by virtue of such deed, the person or persons claiming title, adverse to the title conveyed by such deed, shall be required to prove, in order to defeat the said title, either that the land or lot was not subject to taxation at the date of the sale ; that the taxes or assessments had been paid ; that the land or lot had never been listed and assessed for taxation or assessment, or that the same had been redeemed according to the provisions of this act ; and that such redemption was made for the use and benefit of the persons having the right of redemption, under the laws of this state ; iJut no person shall be permitted to c[uestion the title acquired by the said deed, without first showing that he, she, or they, or the person under wliom he, she or they claim title, had title to the land or lot at the time of the sale, or that the title was obtained from the Uni- ted States, or this state, after the sale, and that all taxes due upon the lot or land, have been paid by such persons, or the person under whom he claims title as afore- said ; and no deed of land or other property sold for the non-payment of taxes or assessments, shall be questioned in any suit or controversy, unless the person wishing to contest the same, shall have tendered or deposited the amount of 104 CITY CHARTER. the redemption money and interest, as now provided by the laws of this state, in case of sales of real estate for taxes. Successor of Sec. 27. Anv chano;e made in the incumbent of the office collector em- "^ *-^ powered to of the collcctor during the pendency of any such proceedings, complete or j j i o ? proceedings, shall not Operate to affect or delay the same, but the successor or successors in office of such collector shall be authorized to do all acts necessary to complete such proceedings, the to'^crwhen Same as if his predecessor had continued in office. In case office vacant. ^^ ^ vacancy occurring in any such office, the proceedings shall be prosecuted by the comptroller until such vacancy is filled by election or otherwise. Assessment Sec. 28. All salcs of property for the non-payment of sales, when x ± ^ it/ to be made, taxcs and asscssmcnts, for any improvement of what kind soever, shall be held at the same time with the general sale of property for non-payment of city taxes in each year, unless, in particular cases, said sale is stayed or delayed by examination or process of law ; the intent hereof being that there shall be but one general collection by sale, of all taxes and assessments whatsoever in each and every year ; which sale shall take place in the manner hereinbefore provided and at the same time in each year : Provided^ That in all cases where judgment shall be delayed in consequence of any appeal, or the delay of any court, in rendering its decision, such sales may be made at any time after final judgment shall have been rendered, upon notice to be given as in other cases. Liability of Sec. 29. Any assessor, collector, or other officer, who assessors and ,j ' ' ne"i2t' J"^ ^"^ in any case refuse or knowingly neglect to perform duty- any duty enjoined upon him by this chapter, or who shall consent to, or connive at, any evasion of its provisions, whereby any proceeding required by this chapter shall be prevented or hindered, shall, for every such neglect or refusal, be liable to said city, individually and upon his official bond, for double the amount of loss or damage caused by such neglect or refusal, to be recovered in an action COLLECTION OF TAXES AND ASSESSMENTS. 105 of debt, in any court having jurisdiction of the amount thereof. Sec. 30. No assessment of property, or charge for taxes £^001*^1^ or assessments thereon, shall be considered illegal on account or^^'lss^s^T' of any irregularity or informality in the tax lists or assess- ™®°'^' ment rolls, or on account of the assessment rolls or tax list not being made, completed, or returned within the time required by law, or on account of the property having been charged or listed in the assessment or tax list without name, or in any other name than that of the rightful owner ; and no error or informality in the proceedings of any of the officers entrusted with the levying and collection of taxes or special assessments, not affecting the substantial justice of the tax or assessment itself, shall vitiate or in any way affect the tax or assessment. Sec. 31. If any purchaser of lands, lots, or other property, i^^^'^cMro? sold for city taxes or assessments, shall suffer the same to 1^1"^^ twd''' be again sold for like taxes or assessments, before the ^^"" expiration of two years from the date of his or her purchase, such purchaser shall not be entitled to a deed for the property until the expiration of two years from the date of the second sale; during which time the land, lot, or other property shall be subject to redemption, and the person redeeming shall only be required to pay for the use of the purchaser at the first sale, the amount paid for the property, and double the amount paid by the second pui-chaser, for his use, as in other castas. 106 CITY CHARTER. CHAPTEE X. THE POLICE DEPARTMENT. Section. 1. Board of police.how constituted; quonira. 2. Appointment of president and secreta- ry ; secretary's salary. 3. Commissioners' oath of ofiSce; bond. 4. PoM^er and authority of the board ; pow- er to construct telegraph lines. 5. General duties of the board. 6. Authority to ^establish rules and regu- lations; organization of police force; appointments. 7. Qualifications and duties of police offi- cers, their mode of trial and removal, to be prescribed by the rules of the board: appointment of superintend- ent ; ineligibQity; removals from office ; promotions. 8. Salary of commissioners ; salary of su- perintendent and other officers ; mem- bers of the force prohibited from receiving gifts or fees for police ser- vice; not to aid in the defense of accused persons. 9. Complaints against police officers ; trial ; appeal. 10. Police life and health insurance fund. 11. Relief to be provided for disabled police- men. 12. Powers of police officers ; certain officers authorized to enter buildings or ves- sels to prevent felonies, or arrest felons ; power to serve process. 13. Detection and arrest of gamblers. 14. City to be divided into police precincts ; police stations ; superintendent to pro- mulgate all regulations and orders. 1.5. Power to appoint special policemen. 16. Power to appoint patrolmen on request and at the expense of private persons ; special patrolmen. 17. One week's notice required of intention to withdraw from police force; no person removed to be re-appointed. 18. Disposition of stolen property ; books to be kept for entry of all complaints ; registry of stolen property; record required to be kept. 19. Accommodations for the detention of persons arrested to be provided at each station ; arrests to be reported ; special provisions respecting the detention and examination of persons arrested; detention of witnesses ; special bail. Section. 20. Police expenses made a city charge; poM'er to appoint police officers for the county, and for village and town authorities. 21. Board to furnish comptroller with an annual estimate of police expenses; council authorized to revise the same: the police fund to be raised by general tax. 22. Police fund, how disbursed. 23. Authority of the board to incur expense limited; accounts subject to inspec- tion. 24. Duty of the board to enforce city ordi- nances ; power to issue subpoenas and administer oaths; may compel the attendance of witnesses. 25. Security to be taken from certain police officers ; oath of office. 26. Superintendent to make quarterly re- ports; the board to make an annual report to common council. 27. Exemption from military and jury duty. 28. Penalty for assaulting electors on elec- tion day; and police officers when on duty; for neglecting to arrest offend- ers, and for fi-audulently pretending to be a police officer. 29. The board to act as a board of health ; power to abate nuisances. 30. Board empowered to take necessary measures to prevent the spread iif infectious disease; reports of mor- tality. 31. Practicing physicians to report infected patients; penalty for neglect. 32. Visitation of vessels suspected of having disease on boanl. 33. All infected persons, not resident, may be removed to pest house; infected goods may be destroyed. 34. Vessels infected may be removed to quarantine; punishment for refusal to comply with orders. 35. Council may prescribe other powers and duties to be exercised for sanitary purposes ; power to enter and examine houses, boats and vessels. 36. Repealing clause. Section 1. There is hereby established an executive de- partment of the municipal government of said city, to be known as the board of police. Said board shall consist of THE POLICE DEPARTMENT. 107 three commissioners, in addition to the mayor, who shall be Mayor a ' %/ ' member txr ex-officio a member thereof, to be chosen in the manner "•^'"'<'- hereinbefore prescribed ; and a majority of said board shall constitute a quorum for the transaction of business. Quorum. Sec. 2. The said board shall appoint one of their own ^''^si^ient. number to act as president, and some other person to act as secretary ; and the secretary shall receive such annual hSSary" salary as may be determined upon by the board of police. Sec. 3. Before enterino; on the duties of their office, said S:,'^JfJ°'"" commissioners shall take an oath to obey the constitution and laws of this state, and faithfully to perform the duties of their said office, the certificate of which oath shall be filed in the office of the city clerk. Each of said commis- ^^°^' sioners, before entering on the duties of his office, shall also give a bond to said city in the sum of twenty-five thousand dollars, with sureties to the satisfaction of the judge of the circuit court of Cook county, conditioned for the faithful discharge and performance of his duties as such commis- sioner ; and that he will well and truly account for and pay over any and all moneys, and surrender any and all prop- erty, books, and papers, which may come into his hands as such commissioner, on the expiration or other termination of his term of office. Sec. 4. Said board shall assume and exercise the entire ^^^^ncnii pow- ers of the control of the police force of said city, and shall possess ^^'■'^• full power and authority over the police organization, gov- ernment, appointments, and discipline within said city. It shall liave the custody and control of all public property, books, records, and equipments belonging to the police de- partment, and shall have power to erect and maintain, under the o;eneral laws of the state relatino; to teleo;ra])li lines, all Tf^crtocon- ~ o o 1 ' struct tele- sucli lines of telegraph in such places within the said city, ^'""p^ ^'^^^• as for purposes of police, the board shall deem necessary, whenever the common council shall authorize the establish- ment of such telegraph line or lines. Sec. 5. It shall be the duty of the board of police hereby General du- ties. 108 CITY CHARTER. constituted, at all times of the day and night within the boundaries of the said city of Chicago, to preserve the public peace, to prevent crime and arrest offenders, to protect rights of person and property, to guard the public health, to preserve order, to remove nuisances existing in public streets, roads, places and highways, to provide a proper police force at every fire, in order that thereby the firemen and property may be protected, to protect strangers and travelers at steamboat and ship landings, and railway sta- tions, and to obey and enforce all ordinances of the common council within the city which are applicable to police or Pursuit of health. Whenever any crime shall be committed in said fugitives *' from justice, ^j^y^ qj. within the couuty of Cook, and the person or per- sons, accused or suspected of being guilty, shall flee from justice, the said board of police may, in their discretion, authorize any person or persons to pursue and arrest such accused or suspected person or persons, and return them to • the proper criminal court, having jurisdiction of the offence, for trial. Power toes- Sec. 6. The dutics of the police force shall be executed and regtda- under the direction and control of said board, and according tions. _ ^ . to rules and regulations which it is hereby authorized to pass from time to time, for the more proper government and discipline of its subordinate officers and the police force of OrgMdzatioo said citv. The said police force shall consist of a superin- of police . ^rce. tendent of police, three captains of police, six sergeants, ninety police patrolmen, and as many more police patrolmen, sergeants, and deputy superintendents, as may be authorized by the common council on the application of the board. m£'^ The said offices hereby created shall be severally filled by appointment in the mode prescribed by this act, and each person so appointed shall hold office only during such time as he shall faithfully observe and execute all the rules and regulations of the said board, the laws of the state, and the ordinances of the city. SJ^nd Sec. 7. The qualifications, enumeration and distribution THE POLICE DEPARTMENT. 109 of duties, mode of trial and removal from office, of each ''"*'*?«' ^^^ ' ' ot trial and officer of said police force, shall he particularly defined and ^rL^cdbed prescrihed hy rules and regulations of the hoard of police : \l,, boird.*^^ Providt'd, however, that no person shall he appointed to or Ai-i.oint- 1111 rf r» • 1 PI* •! 1 1' nu'iit of fiu- hold tlie otnce or superintendent ot police "without the advice p.riutund- and consent of the common council to every such appoint- ment ; nor shall any person be appointed to or hold office in the police force aforesaid, who is not a citizen of the eUgS/"" United States, or who shall not have resided within the state of Illinois two years next preceding his appointment, or who shall ever have been convicted of crime : And Removals not to be provided, that no person shall be removed therefrom, except ^^'^*'^ except J. ' 1- ^ A for cause. upon written charges preferred against him to the board of police, and after an opportunity shall have been afforded him of being heard in his defense ; but the board of police shall have power to suspend any member of the police department of the city, pending the hearing of the charges preferred against him: And i^rovided, that whenever any vacancy Promotions. shall occur in the office of captain of police, the same shall be filled by an appointment from among the persons then in office, as sergeants of police, and a like vacancy in the office of sergeant of police, shall be filled by appointment from among the persons then in office as police patrolmen. Sec. 8. The police commissioners shall receive such ^^^^"^y of ^ commission- annual salaries as may be fixed upon and allowed by the "^• common council, and no other compensation shall be paid or allowed. The superintendent of police shall receive a salary of su- perintendent salary of fifteen hundred dollars per annum. Each captain ^"'i other of- shall receive a salary of seven hundred dollars per annum, and each sergeant a salary of six hundred and fifty dollars. The pay of each police patrolman shall be at the rate of not less than four hundred and eighty, nor more than six hundred dollars per annum. The salaries shall be paid Members of monthlv to each person entitled thereto. No member of p"!'*^*? force ^ not to re- the board of police, or of the police force, shall receive or ^^''^^ eifts or i^ ' A ' fees for ser- share in, for his own benefit, under any pretense whatsoever, plimSn"* 110 CITY CHARTER. any present, fee, gift or emolument for police service, other than the regular salary and pay provided by this section, except by the unanimous consent of the board of police ; nor shall any such member receive or share in any fee, gift or reward, from any person who may become bail for the appearance of any arrested, accused or competed person, or who may become surety for any such person on appeal from the judgment or decision of any court or magistrate ; or any fee, gift or reward, in any case, from any attorney at law, who may prosecute or defend any person arrested or prosecuted for any offense within the county of Cook ; nor shall any such member either directly or indirectly interest himself, or interfere, in any manner whatever, in the em- ployment or retainer of any attorney, to aid in the defense of persons arrested or accused ; and for any violation of either of the foregoing provisions, the officer so offending shall be immediately removed from office. Any citizen Sec. 9. Any citizcn of Chicago, with a view to the trial may prefer , cc o /v charges and susDcnsion or removal from office of any officer or po- agalnst po- ^ e/ x lice officers, licemau of the police, may, on oath in writing, prefer or make, before the board, charges or complaint touching the character and competency, or affecting the acts, conduct or omissions of such officer or policeman, or for violation of, or misconduct as defined and prescribed by, the rules and regulations of the board ; and said board after reasonable notice, not exceeding ten days, to the person charged, shall Trial of cbar- proceed to the trial of said officer or policeman on such ges. ^ ^ charges or complaint, and shall have power to, and shall issue subpoenas, tested in the name of the president of the board to compel the attendance of witnesses, to administer oaths and affirmations, and generally shall, for the purposes of such trial, have and exercise the powers and duties of justices of the peace in civil cases, so far as the same are applicable, and may make an order of removal or suspen- Appeais. sion for some certain period. The party complaining, or person charged, feeling aggrieved by any such order, may THE POLICE DEPARTMENT. Ill at once, on giving bond to the president of the board, with security to be approved by liini or the board, conditioned for the payment of accrued and accruing costs, appeal from the order or finding of the board to any court of record of Cook county (except the county court), which said court shall proceed to the trial of said complaint as speedily as may be, and in preference to other cases, and make such final order in the case as equity and justice shall require ; and said order shall be final and conclusive, without further appeal. If, on such trial, said charges or complaint shall be sustained, such ofiicer or policeman shall pay the costs of such proceeding, and the same may be deducted and withheld from his pay, and, in case of his suspension, his pay shall also cease from the date of the charge and during the period of suspension. If such complaint shall be dis- missed or not sustained, then the person making the same shall pay all costs. In trials under this section, the same ^^^^' costs shall be charged and taxed as in trials before justices, and be collected on execution, as the case may be, from the court, or on execution to be issued by any justice of the peace, on certificate of the same by the board and order for execution, said costs, when collected, to be paid to the treasurer of the board, for the benefit of those concerned. But the said board shall not tax or receive any fees for themselves, or for any member thereof. Sec. 10. All rewards, fees, proceeds of gifts and emolu- ^nd^ht-uth ments, that may be allowed by the board of police to be JdnY'"^'^^ paid and given for or on account of extraordinary services of any member of the police force, and all moneys arising from the sale of unclaimed goods, shall be paid into the city treasury, and shall constitute a fund, to be called the "Po- lice Life and Health Insurance Fund ;" and the persons who shall, from time to time, fill the office of president of the board of police and that of the comptroller of the city of Chicago, are hereby declared the trustees of the said fund, and may invest the same as they shall see fit, either in whole or in part. 112 CITY CHARTER. uceSen'^tJ'be ^^^- ^^- Whenever any member of the police force, in the fumi!™°^ actual performance of his duty, and in consequence of the performance of such duty, shall become bodily disabled, his necessary expenses during the time his disability as afore- said continues, may become a charge upon the fund provid- ed for in the preceding section, at the discretion of said board of police. The board shall inquire into the circum- stances, and if satisfied the charge upon the said fund is correct, may order the same to be paid by the draft of the said trustees upon the said fund, each writing his signature thereto. But the provisions of this section shall not apply to special patrolmen appointed as hereinafter provided, at the request and expense of private parties. Powersofpo- Sec. 12. The members of the police force of the said ice ofScers. ■■• city of Chicago, shall possess in every part of the county of Cook, all the common-law and statutory powers of con- stables, except for the service of civil process, and any warrant for search or arrest by any magistrate of the state of Illinois, may be executed in any part of the county of Cook, by any member of the police force of the said city of Chicago, without any backing or endorsement of the said Authority to Warrant, and according to the terms thereof. The superin- enter build- ings or ves- tendent, deputy superintendent, or any captain of police, vent felonies bavinff lust causc to susDcct that any felony has been, or is or arrest fel- ^ " ^ ,j t/ 7 ^°^- being, or is about to be committed within any building, or on board of any ship, boat or vessel within the said city of Chicago or county of Cook, may enter the same at all hours of the day or night, to take all necessary measures for the effectual prevention or detection of all felonies, and may take then and there into custody, all persons suspected of being concerned in such felonies, and also may take charge of all property which he or they shall have then and there Tower to just causc to suspcct lias bccn stolen. The members of said serve pro- "^ , ceee. polico forcc may also serve or execute any process, civil or criminal, issued by the police court of said city, or either of the justices thereof. THE POLICE DEPARTMENT. 113 Sec. 13. If the superintendent of police shall report in Detection ^ r r and arrest of writing to the board of police that there arc good grounds gamblers. for believing any house or room within the said city of Chicago, is kept or used as a common gaming house or cock- pit, and if two or more householders dwelling within the said city, and not belonging to the police force, shall make oath in writing before any one of the commissioners of police, to be annexed to said report, (which oath every com- missioner of police is hereby empowered to administer, receive and subscribe), that the premises complained of by the superintendent are commonly reported, and are believed by the deponents to be kept as a common gaming house or cock-pit, it shall be lawful for any commissioner of police, by order in writing, to authorize the superintendent, or the deputy superintendent of police, to enter upon such premises, taking with him or them, such members of the patrol force as shall be necessary, and, if necessary, to use force for the purpose of effecting such entry, whether by breaking open doors or otherwise, and the said superintendent shall be authorized to take into custody all persons who shall be found therein, and to destroy all implements of gaming Destruction found therein, and shall forthwith convey the person or implements, persons found therein before one of the police justices in said city, who shall forthwith proceed to hear the proof, and if there be probable cause for believing that such person or persons have been guilty of any crime or misdemeanor, then the said magistrate shall forthwith order such person or persons to find good bail, with two householders of said city of Chicago, as his or their sureties conditioned for his or their appearance at the proper criminal court to answer any indictment which may be found; and in default thereof, such magistrate shall commit such person or persons to the county jail. Sec. 14. It is hereby made the duty of the board of Police pre- police, for more effectually distributing and enforcing its police government and discipline, to divide the said city of 114 CITY CHARTER. Chicago into precincts, without regard to ward boundaries, and to assign captains of police, and sergeants of police, to each of said precincts, as they shall deem for the best inter- Poiice sta- est of Said city. The board may, from time to time, estab- lish a station or sub-station in each precinct or division, for the accommodation of the police force on duty therein. It fnfto'be^"*^' shall promulgate all regulations and orders through the Se!^^^^°" superintendent of police, and it shall be the duty of the police force to respect and obey the said superintendent as the head and chief of the same, subject to the rules and regulations and general orders of the board. Special po- Sec. 15. The said board of police is hereby authorized licemen. r» • i i i i ^ • ^ to appoint persons of suitable character, who may be m the employment of the city in other branches or departments, special policemen: Provided^ such special policemen shall not be paid for their services as policemen out of the city treasury. Such policemen shall possess the same power as the regular police patrolmen, and shall obey the rules and regulations of the board, and conform to its general discipline. Power to ap- g j]C. 16. The board of police whenever it may see fit, point special ■•• ^ ' fo?acTOmmo- shall, ou the application of any person or persons showing vat?per3o^n3' the ncccssity thereof, appoint and swear any number of additional patrolmen to do duty at any place within the city of Chicago, at the charge and expense of the person or persons to [by] whom the application shall be made, and the patrolmen so appointed shall be subject to the orders of the board of police, and shall obey the rules and regulations of the board, and conform to its general discipline and to such other special regulations as may be made, and shall wear such dress or emblem as the board may direct, and shall, during the term of their holding appointment, possess all the powers, privileges and duties of th.e patrol force herein prescribed. The persons so appointed may be removed at any time by Power to ap- the board of police, without assigning cause therefor. The SnaTpa- board of police may also, upon any emergency or riot, special occa- pestilcuce, iuvasiou, or during any day of public election or THE POLICE DEPARTMENT. 115 celebration, appoint as many special patrolmen from among the citizens of Chicago as it may deem advisable, and for a specified time, and during the term of service of any such special patrolmen, they shall possess all the powers and privileges and perform all the duties of patrolmen of the standing police force of the city. Sec. 17. No member of the police force, under penalty Membere of ^ ' IT J police force of forfeiting the pay which may be due to him, shall with- of^IentSn* draw or resign from the police force, unless he shall have *"''^^'s°- given one week's notice thereof, in writing to the superin- tendent of police ; and no person, who shall ever have been Persons re- , 111 moved not to removed from the police force established by this act, for bere-ap- ■"■ •' ' pointed. cause, shall be re-appointed by the board of police to any office in the said police force. Sec. 18. All stolen or other property taken by the mem- Wfros^tion bers of the police force, shall be deposited and kept in a pi'^pf'-ty- place, and by a person to be designated by the board of police ; and in case of the neglect or refusal of any officer to so deposit the property taken or found upon the posses- sion of any person or persons arrested, he shall be subject to indictment, and be fined in a sum not exceeding three thousand dollars, and in no case, less than the value of the property, and be imprisoned in the county jail not to exceed one year, and the sentence of the court, in such cases, iiyso facto., shall vacate the office of the person so convicted. Every such article of property shall be entered in a book Register to kept for the purpose, together with the name of the owner, if ascertained, and the name of the place where found, and of the person from whom taken, with the general circum- stances and the date of its receipt, and the name of the officer recording the same. An inventory of all money or other property shall be given to the party from whom the same was taken ; and in case the same shall not, within ten days after such arrest and seizure, be claimed by any other person or persons, it shall be delivered to the person from whom the same was taken, and to no other person, either b 116 CITY CHARTER. attorney, agent, factor or clerk. In case said money or property shall, within said ten days, be claimed by any other person or persons, it shall be retained by said custodian, until after the discharge or conviction of the person from whom the same was taken ; and if such claimant or claim- ants shall establish to the satisfaction of the committing magistrate, that he or they are the rightful owners, the same shall be restored to him or them, unless otherwise directed by the higher court ; otherwise, it shall be returned to the accused personally, and not to any attorney, agent, factor or clerk of such accused person, after all liens or claims against the same have first been discharged and satisfied. Complaint The board of police shall also cause to be kept general com- books to be ^ . kept. plaint books, in which shall be entered every complaint, preferred upon personal knowledge of the circumstances thereof, with the name and residence of the complainant. f T'^nd stoi ^^ shall also cause to be kept books for the registry of lost, en property, migging or stolcu property, for the general convenience of Record to be the pubUc, and of the police force of the city. It shall ucrforce.*^ also cause to be kept books of records, wherein shall be en- tered the name of every member of the police force, with his time and place of nativity, the time and place when he became a citizen (if he was born out of the United States,) his age, his former occupation, number of family, and the residence thereof, the date of appointment or dismissal from office, with the cause of the latter, and in every such record, sufficient space shall be left against all such entries, wherein to make record of the number of arrests made by such members of the police force, or of any special services deemed meritorious by the captains of police. It shall also pro^'^eliings, causc to bc kept in proper books, the accounts of the board, and a record of their proceedings ; and they shall preserve and file copies of all bills audited and allowed, and keep an accurate account of all the expenses of the police depart- ment. The board of police shall also cause to be kept and bound, all police returns and reports. THE POLICE DEPARTMENT. 117 Sec. 19. It shall be the duty of the board of police to Accommo- • J ^^, f • 1 • ^^ dations to be provide at the expense oi said city, all necessary accommo- provided at 1 • • 1 • 1 • 1111 • 1 • 1 • police 8ta- dations, within such precincts as shall be contained within tions for de- ^ ^ tention of the boundaries of said city, for the station houses required arrested per- •' ' ^ sons. by the board of police for the accommodation of the police force of such precincts, for the lodging of vagrants and disorderly persons, and for the temporary detention of per- sons arrested for offences. It shall also be the duty of said board of police to furnish the same suitably, and to warm and light the same by day and night ; and in every case of Arrests to be arrest, the same shall be made known to the captain upon duty in the precinct wherein such arrest was made, by the person making the same, and it shall be the duty of the said captain, as soon as practicable after such notice, to make written return thereof according to the rules and regula- tions of the board of police, together with the name of the party arrested, the offence, the place of arrest, and the place of detention. All persons arrested by the officers or mem- Detention * " and examin bars of the police force, shall be detained, while in their ationof per ^ ' ' sons arrest- custody, only in the place or places provided for that pur- ^'^• pose ; and no trial or examination of any person arrested, shall be held in the office of the superintendent of the police or of the board. Necessary and usual articles of clothing or personal apparel on the person, or in the possession of persons arrested and detained, shall not be taken or seized by the police, unless there be reason to suspect that the clothing has been stolen or obtained unlawfully. The board Detention of witnesses. of police shall provide suitable accommodations within said city, for the detention of witnesses who are unable to furnish security for their appearance in criminal proceedings, and such accommodations shall be in premises other than those employed for the confinement of persons charged with crime, fraud or disorderly conduct ; and it shall be the duty of all magistrates, in committing witnesses, to have regard to the rules and regulations of the board of police in respect to their detention. Every person arrested by the police ^''- 118 CITY CHARTER. cliarged witli the violation of any city ordinance, shall be entitled to give special bail for his appearance to answer to such charge ; but no member of the police force shall become, or furnish bail for any person arrested. Police expen- g^c. 20. Thc nccessarv expenses incurred in the execu- ses to be a t/ J: city charge, ^.'^j^ q£ Criminal process, and the maintainance of the police department, hereby created within the said city of Chicago, Power to ap- shall bc a city charge. The board of supervisors of Cook officers for couuty asscmblcd, may call upon the board of police to county, and n ^ ^ • ^ village and appoiut, for duty withiu the said county, as many men as thorities. it shall enumerate and describe, upon appropriating to the police fund the necessary expenses and salaries to be incur- red thereby. Any of the village or town authorities within the said county, may also make such demand upon the board of police, upon making the Hke provisions of pay, and it shall be the duty of the board of police to appoint such officers, who shall thereafter become regular members of the police force of the city of Chicago, and, subject to all the rules and regulations of the board, discharge the duties and possess powers and privileges as such members. The super- visors of the county of Cook are hereby authorized, from time to time, to levy and raise by tax upon the real and personal property taxable within said county, such sum or sums of money as may be required to carry into effect the provisions of this section, or the police purposes of this act. Annual esti- §^0. 21. It shall bc the duty of the board of police to mate of po- v i toheTum^sh- Prepare and submit to the comptroller, on or before the first blS.*^*^ ^^y of May in every year, an estimate of the whole cost and expense of providing for and maintaining the police department of said city during the current fiscal year, which estimate shall be in detail, and shall be laid, by the comptroller, before the common council, with his annual To be raised estimate. The common council may revise said estimate, by tax. '' ' and the aggregate amount of the sums required after such revision, shall be provided for in the general tax levy to be laid on said city. Said money, Avhen collected, shall be THE POLICE DEPARTMENT. 119 paid into the city treasury, and shall be styled the police fund, and shall be drawn out therefrom for police purposes, under the fiscal regulations established by this act. Sec. 22. All moneys hereafter to be paid to any person PoUce fund, or persons out of the police fund, shall be certified by the bursod. president or acting president of the board of police, to the comptroller, who shall draw his warrant on the treasurer therefor, stating therein the fund to which the same is chargeable, and the person to whom payable ; and such warrant shall be countersigned by the president, or in his absence, by the acting president of the board of police and the mayor. Sec. 23. No expense, other than salaries and pay herein Power of ^ ' ^ •' board to in- provided, shall be incurred by the board of police, except jj^j^g]'*^""*' for rents, stationery, printing, advertising, fuel and light, unless the same shall be expressly authorized, and provi- sion therefor made, as a separate county or city charge, by the board of supervisors for the county of Cook, or the common council of the city of Chicago, within which the expenditure becomes necessary. The books and accounts Books and i •/ accounts to kept by said board shall be at all times subject to the in- Jjspection/^ spection of the mayor and comptroller ; and the common council may, at any time, require any information respecting the same, the disclosure of which will not impair the useful- ness and efficiency of the police department. Sec. 24. The board of police shall at all times cause the £f eifyor: ordinances of the city to be properly enforced ; and it shall •^°^°'^'''*- be the duty of said board, at all times, whenever consistent with the rules and regulations of tlie board and with the requirements of this chapter, to furnish all information desired, and comply with all the requests made by the com- mon council of said city, or by the mayor thereof, to quell riots, supptess insurrections, protect the property and pre- serve the public tranquillity. The board of police shall Power to i-=- sue subpce- liave the power to issue subi)oenas, tested in the name of its "^-^ f-^^ ^t- *■ ^ nesse^. president, to compel before it, the attendance of witnesses 120 CITY CHARTER. Power to compel at- tendance of witnesses. upon any proceeding authorized by its rules and regulations. ?er mSibT Each commissioner of police, the superintendent of police, and the secretary of the board of police, are hereby given power to administer, take, receive and subscribe all affirma- tions and oaths to any witnesses summoned and appearing in any matter or proceeding authorized as aforesaid, or to any depositions necessary by the rules and regulations of the board. Any willful and corrupt false swearing by any witness or person making deposition before any of the officers last mentioned, to any material fact, in any necessary proceedings under the said rules and regulations, shall be deemed perjury^ and punished in the manner now prescribed by law for such offence. The provisions of law now exist- ing in respect to attachment of witnesses before justices of the peace, and to the compulsory attendance of the said witnesses, to appear and testify before them, are hereby applied to the case of witnesses subpoenaed before the board of police. Sec. 25. The board of police shall require and make suitable provisions respecting security to be entered into by the superintendent and deputy superintendent of police, and by the captains of police, and for the taking, by members of the police force, of an oath of office, and the registry of the certificate of the same in a book to be kept for that purpose by the board, which oath of office may be taken before any commissioner of police, who is hereby empowered to administer and receive the same. Sec. 26. The superintendent of police shall make to the board, quarterly reports, in writing, of the state of the police force, with such statistics and suggestions as he may deem advisable for the improvement of the police govern- ment and discipline. The board of police shall, on or before the first Monday in April, in each year, report in writing, the condition of the police within the said city,, to the com- mon council. Sec. 27. No person holding office under this act shall be Security to be taken from certain officers of po- lice. Oath of office. Superin- tendent to make quar- terly reports. Annual re- port to be made by board. Exemption from milita- ry and jury duty, &c. THE POLICE DEPARTMENT. 121 liable to military or jury duty, or to arrest on civil process, while actually on duty. Sec. 28. It shall be a misdemeanor, punishable by im- l^^^aSing prisonment in the county jail, not less than one year nor ^'^<=*^"' *=• exceeding two years, for any person, without justifiable or excusable cause, to use personal violence upon any elector in said city of Chicago while attending the polls upon any election day, or upon any member of the police force thereof when in the discharge of his duty ; or for any such member to neglect making any arrest for an offence against the law of the state, committed in his presence, or for any person, not a member of the police force, to falsely represent himself as being such member with a fraudulent design. BOARD OF HEALTH. Sec. 29. In addition to their other powers and duties, Commission- ^ ers to act as said board of police shall also perform the duties of a board ^^^**^^ of health ; and shall make diligent inquiry with respect to all matters afifectinff the health of said city, and cause all Power to " "^ abate nui- nuisances which may exist, which they may deem obnoxious nances. to the health and lives of its inhabitants, to be abated or removed at their discretion, under a penalty of not less than five, nor more than five hundred dollars, for every neglect or refusal of any person to comply with any order of said board. Sec. 30. It shall be lawful for said board, to take such Empowereii to take meas- measures as they may, from time to time, deem necessary, to ^^^^ *^ p^e- prevent the spread of any pestilential or infectious disease ; spread of dis- to see that suitable provisions are made for the accommoda- tion of such sick persons as properly come under the care of the city ; and to make daily, weekly or monthly reports Reports of of the mortality of the city, as they may think proper and expedient. Sec. 31. Every person practicing physic in the city, who Physicians to shall have a patient laboring under any malignant or yellow ^ patients. fever, or other infectious or pestilential disease, shall forth- 122 CITY CHARTER. with make report thereof, in writing, to the secretary of said board ; and for neglecting so to do, shall be considered guilty of a misdemeanor, and be liable to a fine of fifty dollars, to be sued for and recovered in an action of debt, in any court having cognizance thereof, with costs, for the use of said city. boat*fand °^ ^EC. 32. It shall bc the duty of said board, to detail some vessels, &c. Qf^QQj. ^f i[^q policc forcc, to visit and inspect all boats or vessels coming, or lying and being within the harbor of the city, which are suspected of having on board any pestilential or infectious disease, and all stores and buildings which are suspected to contain unsound provisions or damaged hides, or other articles, and to make report of the state of the same, with all convenient speed, to the president of said board. denuSected ^^^' ^^- ^^^ porsons in Said city, not resident thereof, brremovTd."'' who shall bc iufocted with any pestilential or infectious disease, and all things which, in the opinion of said 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 fifteen miles beyond the city bounds, to be provided by the board at the expense of the person who may be removed, if able ; and the board may order any furniture or wearing apparel to be destroyed, whenever they may judge it to be necessary for the health of the city, by making just compensation. Jefmly bT ^EC. 34. In casc any boat or vessel shall come or be quarantine, within the liarbor or jurisdiction of the city, and the said board shall believe that such boat or vessel is dangerous to the inhabitants of said city, in consequence of her bringing and spreading any pestilential or infectious disease among said inhabitants, or have just cause to suspect or believe, that if said boat or vessel is suffered to remain within the harbor or jurisdiction aforesaid, it will be the cause of spreading among the said inhabitants any pestilential or THE POLICE DEPARTMENT. 123 infectious disease, it shall and may be lawful for the said board, by an order in writing, signed by the president for the time beinf^, to order such boat or vessel to be forthwith removed to any distance, not exceeding fifteen miles beyond the bounds of said city, after the delivery of such order to the owner or consignee of said boat or vessel, to quaran- tine, under such regulations and for such time as the common council or said board may prescribe ; and if the master, owner, or consignee, to whom such order shall be delivered, shall neg- lect or refuse to comply therewith, or if after such removal, such master, owner, or consignee, shall neglect or refuse to obey the regulation which may be prescribed, the said presi- dent may enforce such removal or other regulations, in such manner as the council may by ordinance direct ; and such master, owner, or consignee, shall be considered guilty of a misdemeanor, and on conviction, shall be fined a sum not exceeding two hundred and fifty dollars, and imprisoned not exceeding six months in the jail of Cook county, or in the city bridewell or house of correction, by any court having cognizance thereof. The said fine shall be paid into the treasury. Sec. 35. The common council shall have power to pre- pr"gcribe™*^ scribe other powers and duties to be exercised and performed and^duurs!" by said board for sanitary purposes, and to punish by fine or imprisonment, or -both, any refusal or neglect to observe the orders and regulations of the board upon this subject. The members of the police force shall be authorized, under the direction of said board, to enter all houses and other places, private or public, and boats or other vessels, at all titnes, in the discharge of any duty under the sanitary provisions of this act. Sec. 36. All acts and parts of acts inconsistent with the Repealing ^ clause. provisions of this chapter, are hereby repealed, together with all modes and qualifications of appointment to office, as members of the police department, or of elections to office therein, inconsistent with the provisions hereof. 124 CITY CHARTER. CHAPTER XI. THE POLICE COURT. ECTION. 1. Justices of the peace to be designated by council to hold a police court. 2. Daily sessions to be held ; power of jus- tices to fine or imprison. 3. Execution to issue on rendition of judg- ment ; when body of defendant may be taken ; imprisonment for non-pay- ment. 4. Appeals and changes of venue. 5. All suits in behalf of the city to be brought in corporate name. 6. The first process shall be a summons ; when warrant may issue. 7. Penalties not to be remitted, unless by two-thirds' vote of the council; mayor authorized to release prisoners com- mitted to bridewell. 8. Salary of police justices ; all fees to be paid into city treasury. 9. Election of police-court clerk ; oath of office and bond ; salary ; power to ad- minister oaths and appoint deputies. Section. 10. When clerk's ofiSce vacant, the court may appoint ad interim. 11. Duties of clerk. 12. Witness fees, when to be taxed ; how paid. 13. Clerk to prosecute in absence of city attorney; police officers prohibited from conducting prosecution. 14. Clerk to make daily reports to comp- troller; moneys received to be paid over daily. 15. In case of failure to make report and pay over moneys, clerk to be removed. 16. Council authorized to provide for the appointment of prosecuting attorney ; duties of said attorney. 17. Clerk and attorney to perform such other duties as council may prescribe, 18. Sessions of the court to be held only in one place; court room not to be changed without a vote of the council. Justices of Section 1. The common council shall in the month of peace to be tohlwa "^ o ^^y next, after the commencement of the ensuing municipal hce court, year, and biennially thereafter, designate two or more justices of the peace in said city, who shall have exclusive jurisdiction as justices of the peace, for two years, or until their successors shall be appointed, in all actions for the recovery of any fine or penalty under the laws of said city, and all ordinances, by-laws or police regulations thereof. Should any vacancy occur, it shall be filled by the common council, but the person so appointed shall serve for the un- expired term only. Sec. 2. The said justices of the peace so designated, shall daily, jjg styled, police justices, and shall hold a police court in said city. One of them shall hold a session of said police court daily, (Sundays excepted), in such place as the said common council may provide and appoint, until the business before them or him is disposed of. Said justices shall have Sessions of the cou be held the court to THE POLICE COURT. 125 power to fine or imprison, or both, in their discretion, where discretion may be vested in them by the ordinance or regu- lation, or by this act. Sec. 3. Execution may be issued immediately on the Execution, '' " \rhea iBouea. rendition of judgment. If the defendant in any such action, have no goods or chattels, lands or tenements, whereof the iudgment can be collected, the execution shall y^f° ^^- «^ o 7 feudant may require the defendant to be imprisoned in close custody in J^ impnaon the jail of Cook county, or bridewell, or house of correction, for a term not exceeding six months, in the discretion of the magistrate or court rendering judgment ; and all persons who may be committed under this section, shall be confined one day for each fifty cents of such judgment and costs. All expenses incurred in prosecuting for the recovery of any penalty or forfeiture, when collected, shall be paid to the treasurer for the use of the city. Sec. 4. Appeals and change of venue, shall be allowed Appeals and i^i o ' change of and may be taken from police justices, in all cases, in the "^^'^°^* same manner as before other justices of the peace. Sec. 5. All actions brought to recover any penalty or ^^^^rou^ht^*' forfeiture incurred under this act, or the ordinances, by- na^g?^^**^ laws, or police regulations made in pursuance of it, shall be broucrht in the corporate name. It shall be lawful to "Deciara- ° ^ tion,"debt. declare, generally, in deht for such penalty or forfeiture, stating the clause of this act or the by-laws or ordinances under which the penalty or forfeiture is claimed, and to give the special matter in evidence under it. Sec. 6. In all prosecutions for any violation of any ordi- ^"[^J^®^' nance, by-law, police, or other regulation, the first process uX^^^th shall be a summons, unless oath or affirmation be made for ^™ ®' a warrant, as in other cases. Sec. 7. Neither the mayor or common council shall re- realties t* ^ be remitted mit any fine or penalty imposed upon any person for the t,"-fd8''^47e violation of the laws or ordinances of said city, unless two- <^'councu. thirds of all the aldermen authorized to be elected, shall vote for such release or remission ; but the mayor shall be 126 CITY CHARTER. Mayor may release from the bride- well. Salary of jus- tices. Fees to be relinquished and paid into city treasu- ry- Election of police-court clerk. Salary. Powers. Court may fill tempora- ry vacancy. authorized, in his discretion, to release from imprisonment, any person committed to the bridewell or house of correc- tion, or county jail, for a violation of the ordinances of said city, by virtue of the judgment of said police court. Sec. 8. The said justices shall be compensated by a salary, to be fixed by the common council, for doing the business of said police court, in lieu of all other compensa- tion or fees whatever accruing from the business to be dis- posed of ; and the said justices, so designated, shall not enter upon their duties, nor be appointed to hold such court, as justices of the peace aforesaid, unless they first sign and execute an express relinquishment in writing in favor of the city, of all other fees, emoluments, or compensation what- ever, than what may be provided by a salary to be fixed as aforesaid by the common council; and such express relin- quishment shall be filed in the comptroller's office ; and all justices' fees and costs collected in all actions brought for said city, under the city charter, shall be paid into the city treasury as other revenue of the city. Sec. 9. There shall be elected by the people at the next municipal election, and biennially thereafter, one " police- court clerk," who shall hold his office for two years, and until his successor is elected and qualified. He shall take an oath, the same as other officers elected under this act, and shall execute a bond with sufficient security to the city, to be approved by the common council. He shall receive a fixed salary for his services, the amount thereof to be de- termined by the common council. He shall have power to administer oaths, and appoint deputies, when in the opinion of the common council it may be necessary ; in which case, said deputies shall be nominated by said clerk and approved by the common council, and the common council may pre- cribe the duties and fix the compensation of such deputies. Sec. 10. In case of the temporary inability or absence of the clerk, or in case of a vacancy in said office, and when there is no deputy, the police court may appoint some com- THE POLICE COURT. 127 petent person to discharge the duties of the office, until the vacancy is filled or ceases. Sec. 11. The duties of the police-court clerk shall be to Duties of clerk. keep a full, detailed and complete account on his docket, of all cases and persons arrested and brought before the police court; how tried and disposed of; the number of cases dis- posed of; the cases in which moneys have been collected; and the cases in which money is to be collected ; the amount of all forfeitures, penalties, and fines assessed, or the punishment fixed in each case, with the fees and costs ac- crued and accruing thereon; and to collect, prosecute and receive payment of all such fees, fines, penalties and for- feitures, and all judgments and executions, and all moneys whatever accruing or to be paid in, for the use of said city, from the enforcement of any of the laws thereof, and forth- with to pay over the same to the treasurer of said city. Sec. 12. Witness fees in all cases in the police court, in 2,°wheiito which the city is a party, shall be taxed and collected only ^^ **^®*^' when demanded or claimed by the witness at the time of trial ; and no witness shall be allowed more than one fee for any one day's attendance, nor shall any witness fee be taxed, in any case, in favor of any member of the police force. All to be paid *' "^ ^ into city witness fees, when collected, shall be paid into the city treasury. treasury for the benefit of such witnesses. It shall be the duty of the clerk to deliver to each witness who is entitled to receive from the city any witness fee, a certificate thereof, showing the name of such witness, the suit in which he testified, and the amount to which he is entitled. The Comptroller to pay wit- comptroller shall draw his warrant on the treasui'er, on 'lesses. presentation of said certificate, in favor of the party enti- tled to such fee, provided the same be presented within one week after the filing of the daily report, referring to said certificate, hereinafter required from the clerk of said court. Sec. 13. It shall be the duty of the police-court clerk, to pJSecSein see that all cases are properly prosecuted before said police cityat'torney. court, in the absence of the city attorney, and no police 128 CITY CHARTER. officer shall conduct any prosecution. He shall take care that said fines, penalties, forfeitures, fees, judgments and executions are collected in all cases as speedily as may be, and the police justices shall, so far as is possible, aid said clerk in the collection thereof. Sake daily 3 ^'^^' ^^- ^hc Said poHcc-court clerk shall, at the close comptroller, ^f cvcry day, make a written report to the comptroller, containing the name and number of each case disposed of during the day, in which the city is a party, and its final disposition ; the names of all witnesses in each case, to whom certificates for witness fees have been issued, with the amount of each fee ; and also the amount of all such fines, fees, penalties and forfeitures, as he may have col- lected during said day. He shall also specify in his said report, the number of cases pending ; the number of cases in which any fine, forfeiture or penalty has been inflicted, and the amount thereof; and also the amount of moneys outstanding to be collected in such cases ; and the state of each case respectively; and upon making each and every such statement, he shall verify the same by oath taken before some competent officer, that such statement is a full, fair and complete statement of the moneys received and col- lected by him during said day, and of all matters required Jo pay over \)j j^w to bc embraced in said report. He shall also pay KteY^ ^°^' over to the city treasurer, at the close of every day, all moneys received and collected by him as such clerk, and shall file his receipt therefor with the said comptroller. Clerk failing Sec. 15. In casc of the failure of such clerk to make to report and pay over, to g^ch rcDort, aiid pav over said moneys daily, as herein re- be removed. r 7 r ./ t/ ./ ? quired, a notice shall be served on him by the comptroller, that, within three days, he is required to make such returns, and pay over all moneys received, and, in case of the fail- ure of said clerk to pay over said moneys and make such report to the satisfaction of said comptroller, he shall be suspe ded and removed from office, by the mayor, with the concurrence of the common council, and thereupon the THE POLICE COURT. 129 mayor, by and with the advice and consent of the common council, sliall appoint his successor to fill the vacancy during the unexpired term. Sec. 16. The common council, if it tliink proper, may, prov'ide S^^ 1 T • ^ ly A^i ' J. J. ly J.* appointment by ordmance, provide tor the appointment oi a prosecuting of prosecut- attorney for said police court, to manage all city cases ney. before it, and, in such case, may provide for his compensa- tion by a salary. In case of the appointment of such pros- f ^ ^• Tin n His dutics. ecuting attorney or the police court, he shall prosecute all cases before it, and also superintend the collection of fees, fines, forfeitures, judgments and executions, and keep a docket thereof, and file a monthly report of the number of all cases commenced, and all cases disposed of, with the names of parties sued, and the amount of fines, fees and forfeitures collected, with the number of cases where moneys are uncollected, and the amount thereof, and file such reports in the city comptroller's office. Sec. 17. The clerk of the police court and police prose- council may cuting attorney, (if any,) shall perform such other duties as other"duties. may be prescribed by ordinance of the common council. Sec. 18. The sessions of the police court shall be held in fng^'ih^^^^' but one place, where all examinations upon criminal charges before the justices thereof shall be had; and where also, all other business of every kind coming before the justices of said police court, shall be transacted ; and the place of hold- ing said court shall not be changed without a vote of the common council. lice court. 130 CITY CHARTER. Power to pre= scribe fire limits. To regulate chimneys, &c. Deposit of ashes. CHAPTER XII. FIRE DEPARTMENT. SECTI03I. 1. Power to prescribe fire limits ; to pro- hibit the erection of Mooden buildings. 2. Power to regixlate construction of chim- neys ; deposit of ashes ; dangerous manufactories; fireworks; to require scuttles in the roofs of houses ; gener- al powers relating to fires. 3. Common council to procure fire engines ; to organize fire companies ; to appoint firemen and prescribe their duties. 4. Engineers and firemen to take charge Section. of fire engines and apparatus ; COTmcil may define their duties. 5. Assistant engineers to act as fire war- dens ; their duties. 6, Council may authorize appointment of fire marshal ; his duties and powers. 7. Members of the common council and firemen exempt from jury and milita- ry duty. 8, Fund to be set apart for relief of disa- bled firemen ; fire-telegraph fund. Section 1. The common council, for the purpose of guarding against the calamities of fire, shall have power to prescribe the limits within which wooden buildings shall not be erected or placed or repaired, without permission, and to direct that all and any buildings, within the limits prescribed, shall be made or constructed of fire-proof materials, and to prohibit the repairing or rebuilding 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. Sec. 2. The common council shall also have power : First. To prevent the dangerous construction and con- dition of chimneys, fire-places, hearths, stoves, stove pipes, ovens, boilers and apparatus used in and about any building or manufactory, and to cause the same to be removed or placed in a safe and secure condition, when considered dangerous. Second, To prevent the deposit of ashes in unsafe places, and to cause all such buildings and inclosures as may be in a dangerous state, to be put in safe condition. L THE FIRE DEPARTMENT. 131 Third. To rea;ulate and prevent the carryino; on of D^ngerons manufactories dangerous in causing or promoting fire. ^'^^• Fourth. To regulate and prevent the use of fire-works ^''^®-^'<^'''^« and fire-arms. Fifth. To compel the owners or occupants of houses or f^J"*^^ *°^ other buildings, to have scuttles in the roofs, and stairs or ladders leading to the same. Sixth. To authorize the mayor, aldermen, police, or to remove *' -^ ^ J. 7 suspicious other officers of said city, to keep away from the vicinity of fhf^.'?.-n^t°™ any fire, all idle and suspicious persons, and to compel all of'^"yfire. ofiScers of said city, and other persons, to aid in the extin- guishment of fires, and in the preservation of property exposed to danger thereat. Seventh. And generally, to establish such regulations To establish ° "^ ' ° regulations for the prevention and extinguishment of fires, as the com- f?r preven- * o / tion of fires. mon council may deem expedient. Sec. 3. The common council shall procure fire engines Fire engines and other apparatus used for the extinguishment of fires, tus. and have the charge and control of the same, and provide fit and secure engine houses and other places, for keeping and preserving the same ; and shall have power : First. To organize fire, hose, hook and ladder, and axe ^F^ compa- o ' ' ' mes. companies. Second. To provide for the appointment of a competent ^^f^}\ number of able and reputable inhabitants of said city, fire- ™^^- men, to take the care and management of the engines and other apparatus and implements, used and provided for the extinguishment of fires. Third. To prescribe the duties of firemen and their Duties and ,./.,. compensa- compensation, and to make rules and regulations for their tion of fire- government, and to impose reasonable fines and forfeitures upon them for a violation of the same ; and for incapacity, neglect of duty or misconduct, to remove them. Sec. 4. The chief and assistant engineers of the fire Duties of chief engi- department, with the other firemen, shall take the care and neer and as- '■ ^ sistants. management of the engines and other apparatus and im- 132 CITY CHARTER. plements used and provided for the extinguishment of fires ; and their duties and powers shall be defined by the common council. ^c7as*fir?**' Sec. 5. The assistant engineers of the fire department shall also act as fire wardens, and it shall be their duty to examine all buildings and inclosures, to discover whether the same are in a dangerous state, and to report to the chief wardens. engineer, all violations of the charter or ordinances of said city in relation to the prevention or extinguishment of fires. Firemarshai. gjjc, Q^ ^hc commou council shall havc power, in its discretion, to authorize the appointment of a fire marshal, whose duty it shall be to inquire into and investigate the cause of all fires which may occur in the city, as soon as may be after they occur, and to keep a record of his pro- ceedings, and of the evidence in each case, and to file the same or a copy thereof in the office of the city clerk. He shall have power to compel the attendance of any person in said city to testify upon oath concerning any fire in said city, under such penalty as the common council may provide, and he is hereby authorized to administer oaths to all such witnesses. He shall be required to use his utmost exertions in the discovery, arrest and conviction of all incendiaries, and perform such other duties as the common council may prescribe. Any or all of the above mentioned duties may be devolved by the common council upon the chief engineer. anSemen ^-^^' '^* The members of tlic commou couucil and fircmcn, froXfiliT shall, during their term of service as such, be exempt from duty™^ ^^^^^ serving on juries in all courts of this state, and in the militia. The name of each fireman shall be registered with the clerk of the city, and the evidence to entitle him to the exemp- tion provided in this section, shall be the certificate of the clerk, made within the year in which the exemption is claimed. Fund for dis- Sec. 8. One-eio;hth part of the amount of all fire-insur- abled fire- ^ ^ ance rates, which shall be annuall}^ paid into the city treasury, as hereinbefore provided, shall be reserved and men THE FIRE DEPARTMENT. 133 set apart, to create a fund for the relief of distressed firemen, who may become disabled in the service of the city ; and shall be used solely for that purpose. Said money shall be disbursed in such sums, and under such rules and recula- tions, as the common council shall prescribe. The remain- Fire-tek- ing seven-eighths of the aforesaid revenue, shall be retained ^''^^ ^°''" by the city and allowed to accumulate, until a sufficient sum shall have been realized to defray the expense of establish- ing a fire-alarm or fire-telegraph system in said city, and shall be then used for that purpose. After this purpose shall have been accomplished, this portion of the aforesaid revenue shall be applied to the purchase of fire engines and other apparatus used for the extinguishment of fires. 134 CITY CHARTER. CHAPTEE XIII. SCHOOLS AND SCHOOL FUND. Section. 1. School fund of town. 39, range 14, Test- ed in the city ; power of council to manage ; to lease and convey school property. 2. Principal of the fund not to be impair- ed : interest on, to be used only in paying teachers. 8. Powers of common council in reference to the management of schools. 4. School agent to have management of school fund. 5. Agent to give bond; compensation o^ to be paid out of school fund ; liabili- ties for misconduct. 6. School fund to be kept loaned ; securi- ties required ; rate of interest. 7. Securities to be taken in the name of the city. 8. Borrower to pay expenses attending loan 9. Debts due school fund from deceased persons to be paid first. 10. Interest at 15 per cent, to be charged from default in payment ; suits may be brought to recover interest. 11. Judgments to bear 12 per cent, interest ; real estate sold on, may be bought in by the city ; redemption. 12. No judicial costs to be charged to school fund. 13. If any debt becomes insecure, further security may be required ; if not giv- en, suit may be brought. 14. School tax to be deposited with the city treasurer : to be kept a separate fund ; mode of disbursement. Section. 15. South Chicago school district abolished. 16. One or more schools to be established in each district ; schools for negro and mulatto children. 17. Board of education to'superintend and control the schools; general powers and duties of the board. 18. Board to establish by-laws and regular tions for the government of schools ; to employ teachers. 19. Board to have charge of school houses and furniture ; to provide fuel ; bills for furniture and repairs to be paid out of the school-tax fund. 20. Teachers to make monthly reports ; payment of teachers. 21. School agent to report quarterly to the common council the amount of inter- est on hand. 22. Board of education to appoint a presi- dent ; to keep a record of proceedings. 23. Powers of the board to be exercised only at formal meetings ; their proceedings to be published. 24. Duty of the board to recommend meas- ures to the common council. 25. Board to prepare and publish an annual report. 26. Superintendent of schools to be appoint- ed biennially. 27. Duties of the superintendent. 28. Members and officers of the board not to be interested in the sale of school books. School fund SECTION 1. The school laiids and school fund of township of township 39, range 14, thirtv-ninc north, range fourteen east of the third principal manage- ,/ ? o ± ± ment of meridian, shall be, and the same are hereby vested in the city of Chicago. The common council shall, at all times, have power to do all acts and things in relation to said school lands and school fund, which they may think proper to their safe preservation and efficient management ; and Coimcii may sell or Icasc Said lands, and all canal or other lots or lands, sell or lease school lands, or Other property, which may have been, or may hereafter be donated to the school fund, on such terms, and at such SCHOOLS AND SCHOOL FUND. 135 times, as tlie common council shall deem most advantageous ; and, on such sale or sales, lease or leasings, to make, execute and deliver all proper conveyances, which said conveyances shall be signed by the mayor and comptroller, and coun- tersigned by the clerk, and sealed with the corporate seal : Provided, that the proceeds arising from such sales shall be ^0*^^ J {J added to, and constitute a part of the school fund. ^""^^^ ^""'^" Sec. 2. Nothino; shall be done to impair the principal of Principal not '^ i i A^ to be mipair- said fund, or to appropriate the interest accruing from the ^'^• same, to any other purpose than the payment of teachers in the public schools in said township. Sec. 3. The common council shall have power: wi]^cu.° First. To erect, hire or purchase buildings suitable for Buildings, school houses, and keep the same in repair. Second. To buy or lease sites for school houses, with the sites. necessary grounds. Tliird. To furnish schools with the necessary fixtures, ^i^t'^^^' *<^- furniture and apparatus. Fourth. To establish, support and maintain schools, and ^^^'^^^ supply the inadequacy of the school fund for the payment of the city teachers, from school taxes. Fifth. To lay ofi" and divide the city into school dis- School dis- tricts. tricts, and, from time to time, alter the same, or create new ones, as circumstances may require. Sixth. And generally, have and possess all the rights, oenerai pow- powers and authority necessary for the proper management of schools and the school lands and funds belonging to the township, with power to enact such ordinances as may be necessary to carry their powers and duties into efi'ect. Sec. 4. The school a^ent shall have the custody and ^^'^'^ifsent, o J his powers. management of the money, securities, and property belong- ing to the school fund, subject to the direction of the com- mon council. Sec. 5. The school ao-ent, before enterinixupon his duties, ^^^^'^ ^^^^} o ' o 1 ^ to give bond. shall give bond in such amount, and with such conditions and sureties, as the common council may require. His com- 136 CITY CHARTER. compensa- pensatioii sliall be paid out of the school fund ; and he shall Penalty for he subject foi' misconduct in office, to the same penalties and misconduct. ..' , in .. ii*, imprisonment, as school commissioners are or may be subject to, by law. School fund Sec. 6. Tlic scliool fuud shall be kept loaned at interest, to be kept loaned. at the rate of twelve per cent, per annum, payable semi- annually, in advance. No loan shall be made, hereafter, for a longer period than ten years, and all loans shall be Security. secured by unincumbered real estate of double the value of the sum loaned, exclusive of the value of perishable im- provements thereon : Provided, the common council shall have power to reduce the rate of interest, by a vote of two- thirds of all the aldermen elected ; and they may also, by a like vote, authorize the investment of said funds in the bonds of the city of Chicago. Securities to Sec. 7. All notcs and securities shall be taken, to the be taken m ^ name of the ^[^j ^f Chicago, for the usc of the inhabitants of said town- ship, for school purposes ; and in that name, all suits, actions, and every description of legal proceedings, may be had. Borrower to Sec. 8. All exDcnses of preparing! or recording; securities, pay expen- i JL l O O 7 ^^^- shall be paid exclusively by the borrower. School fund Sec. 9. In the payment of debts of deceased persons, to have first ^ "^ r 7 claim on de- thoso duc the school fuud, shall be paid in preference to all ceased per- ' is: sons' estate, others, cxcept cxpcnscs attending the last illness and funeral of the deceased, not including the physician's bill. Pefauit in Sec. 10. If default be made in the payment of interest, paying inter- _ ^ j. «/ est. or of the principal, when due, interest at the rate of fifteen per cent, upon the same, shall be charged from the default, Suits to be and may be recovered by suit or otherwise. Suits may be brought. ./ ./ J brought for the recovery of interest only, when the princi- pal is not due. Interest on Sec. 11. All judo-ments rccovcrcd for interest or princi- judgments. «/ o r pal, or both, shall respectively bear interest at twelve per cent, per annum, from the rendition of judgment, until paid; and in case of the sale of real estate thereon, the city of Chicago may become the purchaser thereof, for the use of SCHOOLS AND SCHOOL FUND. 137 the school fund, and shall be entitled to the same rights given by law to other purchasers. On redemption, twelve per cent, interest shall be paid from the time of sale. Sec. 12. No costs made in the course of any judicial Ju'Jiciai •^ " costs not proceedings, in which the city of Chicago for the use of gcKrfuud!' the school fund, may be a party, shall be chargeable to the school fund. Sec. 13. If the security on any loan should at any time insecure •^ «^ "^ debts, pro before the same is due, become, in the united judgment of ceedings, &c. the school agent and common council, insecure, the agent shall notify the person indebted, thereof ; and unless further satisfactory security shall be forthwith given by the debtor, judgment may be recovered thereon, as in other cases, althouffh no condition to that effect be inserted in the note or other security. Sec. 14. The school-tax fund shall be paid into the city schooi-tax ^ . . "^ fund. treasury and be kept a separate fund, for the building of school houses and keeping the same in repair, and support- ing and maintaining schools ; and shall be drawn out only in payment of bills approved by the board of education, on the warrant of the comptroller countersigned by the presi- dent of the board of education and the mayor. Sec. 15. The act approved February 23d, 1817, creating south chica- the South Chicago School district, and all other acts or tnct, aboi- . . . . . i^^e*i- parts of acts inconsistent with the provisions of this chap- ter, are hereby repealed. Sec. 16. There shall be established in said city at least o°e free *' school to be one common school in each school district, now or hereafter established ' in every dis- to be created ; and free instruction, within their respective *"'^*" districts, shall be given in said schools, to all the children residing within the limits of the city, who are over the age of five years, and who may be sent to or attend such school, subject to such rules and regulations as may be established by the common council or board of education, pursuant to the provisions of this act. It shall be the duty of the schools for ^ negro and common council to provide one or more schools for the in- ^"latt^ pu- ^ pils. 138 CITY CHARTER. struction of negro and mulatto children, to be kept in a separate building to be provided for that purpose, at which colored pupils between the ages of five and twentj-one years, residing in any school district in said city, shall be allowed to attend ; and hereafter, it shall not be lawful for such pupils to attend any public school in the city of Chi- cago at which white children are taught, after a school for the instruction of negro and mulatto children has been provided. Board of edu- gEC. 17. The board of education, subject to such gen- cation, its 7 «; o duties! ^^^ ®^^^ regulations as may be prescribed by the common coun- cil, shall have the entire superintendence and control of the schools ; and it shall be their duty to examine all persons offering themselves as candidates for teachers, and when found well qualified, to give them certificates thereof gra- tuitously ; to visit all the public schools as often as once a month ; to inquire into the progress of the scholars and the To prescribe govommcnt of the schools ; to prescribe the courses and methods of t -i o ^' ^• discipune, mcthods of disciplmc and instruction of the respective schools, and to see that they are maintained and pursued in a proper manner ; to prescribe what studies shall be Expulsion of taught, and what books and apparatus shall be used. They shall have power to expel any pupil who may be guilty of Removal of gross disobedicncc or misconduct, and to dismiss and remove any teacher, whenever in their opinion he is unqualified to teach, or whenever, from any cause, the interests of the school may, in their opinion, require such removal or dis- To apportion missiou. Tliev shall have power to apportion the scholars scholars. •^ ^ ^^ to the several schools, but no scholar shall attend any school out of the district in which he or she resides, without the written permission of the board or the superintendent of public schools, except as herein otherwise provided. To establish Sec. 18. It shall be the duty of the board of education, to establish all such by-laws, rules and regulations for their own government, and for the establishment and maintenance of a proper and uniform system of discipline in the several SCHOOLS AND SCHOOL FUND. 139 schools, as may in their opinion be necessary. They shall determine, from time to time, how many and what class of teachers may be employed in each of the public schools, and employ such teachers, and fix their compensation. Sec. 19. It shall be the duty of said board, to take charge JchSr^ of the school houses, furniture, grounds and other property ^'^y- belonging to the school districts, and see that the same are kept in good condition, and not suffered to be unnecessarily injured or deteriorated ; and also to provide fuel and such J^J^^^^^^ other conveniencies for the schools, as in their opinion may be required. They shall also recommend to the common Torecom- T- '^ mend altera- council, such alterations, additions and improvements, as *io^'*<^- may be required in the school houses or other property belonging to said districts. All bills for repairs, furniture, benches, desks, apparatus, fuel, et cetera, shall be audited by said board, and paid out of the school-tax fund. Sec. 20. The teachers in each district shall, at the end of Jep'JjTeve^y each and every month, report to the superintendent of pub- ™°°**^' lie schools, the number of days they have been employed in teaching school during the month, and the number of schol- ars in attendance on each day or half day ; and at the close of each month, the board of education shall draw an order Paj-ment of. upon the agent of the school fund, in favor of said teacher, for the amount due to him or her. But no order shall be drawn upon the school fund for a greater amount than the interest on hand at the time the same may be drawn, or than the amount raised and specially appropriated for the support of schools by the common council. Sec. 21. It shall be the duty of the agent of the school ^'^^'^'^ ae«nt *' ^ to report fund to report at the end of each quarter, to the common ■ ' tJ to furnish additions to the same, as they shall deem expedient, to JieX^'idth furnish the proper plans of connection with the private ^1]^^ di'ains or sewers to be thereafter constructed; and the cost of such additions, may be charged and assessed as a part Atuiitionai ^ J ^ 1 costs, Low of the expense of said private drains or sewers connect- defrayed. ing therewith, when such private drains or sewers shall be constructed, and shall be chargeable to the lot or lots, for the benefit of which the same are constructed, and collec- ted in the same manner as hereinbefore in this act provided for the collection of the costs of such private drains or sewers. Sec. 11. The cost of the private di'ains and sewers, con- costs of pvi- 1 ., . .1- -11 IT vate drains nectmfr the respective lots in said city with the public sew- chargeable . ,, , . to lots bene- ers, shall not be included in the cost of the general plan of fited. sewerage, but the same shall be a special charge upon the lot or lots, for whose benefit such private drain or sewer shall be constructed, and shall be collected as hereinbefore in this act provided. Sec. 12. It shall be the duty of said board, to prescribe Board to pre- - . -11 • scribe loca- tne location, arrangement, term, material and construction tiunandcon- \ , . . struction of of everv private drain or sewer emptvinic into the said pub- private " ^ >■ 'J G 1 drains. lie drains or sewers, and to determine the manner and plan of such connection ; and the work of constructing the same, shall be, in all cases, subject to the superintendence and control of the said board, and shall be executed strictly in compliance with their orders. Sec. 13. It shall be the duty of the said board, to construct Board to 168 CITY CHARTER. cause private or provide foi" tliG construction of private drains or sewers, drains to be ■•■ ^ ' Iver^'^Tt if ^*^ communicate with the public drains or sewers, from every needed. jot in the Said city, which in their judgment requires it ; and whenever the said board, by virtue of this act, are au- thorized to construct any such private drain or sewer, it shall be lawful for the said board, or their agents, to enter upon any of said lots and to construct thereon such drain or sewer, and for that purpose, to have free ingress and egress upon said lot or lots, with men and teams, and to deposit all the necessary building materials, and generally, to do and perform all things necessary to a complete execution of the work. Si^trac«on ^^^- ^^' ^^^ ^^i^^ board shall have power to regulate the ?S-p^oois!'^'^ construction of privies, and the manner of cleaning the same, and to construct and regulate the construction of cess- pools, and provide for the draining of privies and cess-j)Ools ; and like notices shall be served, so far as may be, and like proceedings had, and like measures taken for collecting the cost and expense, as is hereinbefore in this act provided in the case of repairs of sidewalks. To complete Sec. 15. The Said board of public works are hereby em- the issue of certain powcrcd to issuc all bouds, now authorized to be issued under bonds. -•• ^ the law of this state, incorporating a board of Sewerage Commissioners for the city of Chicago, approved February 14tli, 1855, and under an act in addition to the same, ap- proved February 14th, 1859. City author- gj;c. 16. For the carrvino; out of the purposes and ized to bor- «/ o i X fo^seweJage' o^ccts of this chapter, the said city shall have power to works. borrow, from time to time, as the board of public works and the common council of said city shall deem expedient, a sum of money not exceeding five hundred thousand dollars, upon the credit of said city of Chicago ; and said board shall have power, by and with the approval of the common coun- Bonds may cil, to issuc bouds pledging the faith and credit of said city, be issued. «! pi ..,,. p-iii lor the payment oi the principal and interest oi said bonds ; but no bonds shall be issued until the common council shall CHICAGO SEWERAGE WORKS. 169 have approved of such issue, by a vote of a majority of all the aldermen by law authorized to be elected; and all bonds issued by said board, before they shall be binding upon said city, shall be marked "approved," by the mayor and clerk of said city, under the seal of said city, and such signature and seal shall be conclusive evidence to the holder of said bonds, of the fact of such approval : Pro- Stycomp- videdj that all sales of sewerage-loan bonds, which may be issued by said board, shall be made only by the comp- troller of said city, who, on making such sales, shall deposit the proceeds thereof with the city treasurer, to the credit of the sewerage fund, and shall file with the said board, a duplicate receipt of the said treasurer for the amount of such deposit : Provided, also, that all funds fumiTtfbe derived from the sale of the sewerage-loan bonds of said "ewen.gJ ^^ board, or otherwise, for the sewerage works of said city, p'^^p"^^^- shall be exclusively used and appropriated by said board, to the objects and purposes pertaining to the sewerage of said city, herein specified ; nor shall the same or any part there- of, be used by the said board, for any other purpose. Sec. 17. It shall be the duty of the said board, at any time P'J';^ f/^'^- when they shall desire to make an issue of bonds, as here- report S^ in authorized, to make a report to the common council, set- coiScu!° ting forth the nature and amount of work proposed to be executed, and the amount which will be required by them for such purposes, within a period to be stated by them in said report ; which report shall be accompanied by an esti- mate of the cost of the things required to be purchased, and of the work to be done ; and the common council may, conncii to '' ' approve. thereupon, approve the issue of the whole amount of bonds called for by such report, or such part thereof as the com- mon council may deem expedient. Sec. 18. The said bonds shall bear interest not exceeding boSTim^red seven per cent, per annum, and shall not be sold at a rate "^ ' ^^^ which will net to the said board, less than their par value, unless the common council of said city shall, by a vote of 170 CITY CHARTER. a majority of all the aldermen elected, authorize the comptroller of said city, to sell the same at a lower rate, and then only at such rate as shall be fixed by said council : Provided, however, that reasonable commissions to brokers or agents employed in procuring the sale or negotiation of said bonds, may be paid by said comptroller. keeplJJgis- Sec. 19. It shall be the duty of the said board, to keep bonds issued, an accuratc register of all bonds and all interest coupons, issued for the construction of said sewerage works, showing the number, date and amount of each bond and coupon, and to whom issued or sold, and when and where payable, and the particular bonds at any time outstanding. teepf " S^^- ^^- I* ^^1^11 ^^® the duty of the comptroller of the standing °"*" ^ity of Chicago, to keep such a record of all bonds, now or hereafter to be issued for the sewerage of said city, as shall at all times exhibit the number and amount of such bonds outstanding, the rate of interest, and when and where the principal and interest are payable. Payments of gj^c. 21. It shall bc the duty of the comptroller of said interest and «^ -C^ be^madeVy ^^^J-> ^^ V^J ^^^^ iutcrcst ou Said scwcrage-loan bonds, and comptroller, ^"^g^ ^j^^ principal, as the bonds shall become due. The said comptroller, when there are funds for that purpose, may, with the approval of the said board, purchase any such sewer- age-loan bonds, whether the same have become due or not ; New bonds and in case there are not sufficient sewera2;e funds in the may be is- '-' those^Mr'^o- ti'^asury of said city, to meet all of the said bonds, when the ^^^- same shall become due, the said board shall have the right to issue new bonds, in the same manner as hereinbefore pro- vided, for such amount and on such time, as the said board and the common council of said city shall deem expedient, in the place of bonds so becoming due as aforesaid ; the said old bonds to be canceled in the registry thereof, and the said new bonds to be recorded in the manner herein- before provided. poHto*comp- Sec. 22. It shall be the duty of the board, to report to amount re- the Comptroller, on or before the first day of May in each CHICAGO SEWERAGE WORKS. 171 year, the amount which will be required to be raised for quirfian- *> ^ A Dually to pay the municipal year next ensuing, to meet the payment of i^^terest. interest to accrue during said year on all the bonds theretofore issued, or which are, during said year, to be issued, for the sewerage of the said city. Sec. 23. It shall be the duty of the said board, further I^ouE^Lc- to report to the comptroller, at the time named in said last rauIdfoV^^ section, such amount as they shall, upon calculation, find ^^^ ^^ ^ ' necessary, in order to provide a sinking fund for the liqui- dation of the bonds, so issued as aforesaid, at the maturity thereof: Provided^ that the amount to be raised for such sinking fund shall not exceed two per cent, of the amount of bonds theretofore issued, and which are, during said year, to be issued for the sewerage of said city. Sec. 24. The said board shall, at the same time, also re- SiJuS^rV port to the comptroller, the sum which will be by them saiSs'^aud required to pay salaries and incidental expenses, and for SwerJ'&c°° the cleaning and repairing, and for the proper maintenance of the sewers of said city. The reports required in this and the two preceding sections, shall be laid by said comp- troller before the common council with his annual estimate. Sec. 25. The amount which shall be so reported to the ^m-^^nt ^f- i^ quired, to be common council, as provided in said last three sections, shall raised by tax be raised by the said common council, by a special tax on the property of the city, to be designated sewerage tax, which shall be collected in like manner with the other taxes of said city ; and the amounts so collected, shall be paid Treiusurer to over by the collector of said city to the city treasurer, who, ^^^^^\ at the end of each month, shall report to the board of pub- "eTemge'^tax lie works, the amount of the sewerage tax paid over to him ^""^*^*^'^- during such month. Sec. 26. It shall be the duty of the said board, to direct towS?-'^' the comptroller of said city, to invest the amount heretofore ^^' raised, or hereafter to be raised to provide a sinking fund for the liquidation of said bonds, and such investment shall be by the purchase of said bonds, or other bonds of the 172 CITY CHARTER. city of Chicago ; and in like manner to invest the interest received on such last mentioned bonds, and to invest and re-invest said sinking fund, and all proceeds thereof, in such manner as to make the same available for the liquidation of the said bonds. All such investments shall be made in the name of the said city, and shall be designated as the sewer- age sinking fund, and shall in no case be used or appropriated for any other purpose whatsoever, than the liquidation of the "^0°?"^^^^ said bonds. The annual report of said board shall specify in full, the nature and amount of the respective securities in which the said sinking fund is invested. The annual report of said board shall state the progress and condition of the sewerage works, shall also show the amount of sewerage- loan bonds outstanding, and all debts outstandino; on ac- count of the sewerage works, and the amount due from parties to the city for the sewerage works, and shall accu- rately and clearly exhibit all the expenditures of the said board on account of the same ; which financial statement shall be certified by the commissioners of said board, under oath. Temporary Sec. 27. Thc Said board shall have power to authorize izedlncer- tho Comptroller of said city, to raise, by temporary loan, upon the credit of said city of Chicago, with the approval of the common council, such sums of money as may be needed for the payment of the interest on the said bonds, or the outstanding obligations of the said city on account of the sewerage works, and for which there shall be no funds in the hands of the treasurer of the said city ; but in all cases, such temporary loans shall be provided for out of the first sewerage tax, or other revenues on account of the sewerage works, received into the city treasury. Sewerage ac- Sec. 28. All accouuts pertaining to the sewerao;e works counts to be i o o kept sepa- of Said city, shall be kept separate and distinct from the accounts pertaining to other departments of said board ; Sewerage ^^^ ^^^ moucys dcpositcd with the city treasurer, on account used'forno of the scwcragc works, shall be by him kept separate and CHICAGO SEWERAGE WORKS. 173 distinct from all other moneys, as the sewerage fund, and po^e!^^"^' shall only be applied for the uses and purposes for which the same were received. Sec. 29. If any person shall willfully or maliciously Jj/j^^pj ^'^'' obstruct, damage or injure any public or private sewer or i"gf ^*^*®^' drain in said city, or willfully injure any of the materials employed, provided or used in said city for the purposes specified in this act, he shall be subject to indictment, and upon conviction thereof, shall be punished by fine not ex- ceeding one thousand dollars, or im2:)risonment not exceed- ing six months, or both, in the discretion of the court. Sec. 30. It shall be the duty of the board, to make all ^'^•^'^ to " ' make regula- necessary rules, regulations and restrictions concerning the JeiSng^g'ew- public and private sewers or drains of said city, and to re- *^'^^" port to the common council the regulations which shall be adopted by them ; and the common council shall thereupon common ■ i- t/ ' -t council to pass an ordinance, establishing such rules and regulations, Ks"fo^^°' and providing penalties for their violation; which penalties JJfn^^'^^^*" may be enforced in any court having jurisdiction of any ofi"enses against any of the ordinances of said city. Sec. 31. The provisions hereinbefore contained, for the sinking-fund establishment of a sinking fund, shall be deemed and taken Jeemed part f 1 -11 • 1 • . 1 °^ contract as a part oi the contract with the parties pui-chasmg said ^'t^i pur- i r r to chasers of bonds, and shall not be repealed or modified, so as in any ^'^'^^• manner to impair the security thereby aiforded to the said bond holders. Sec. 32. All acts or parts of acts, inconsistent with the Repealing provisions of this chapter, are hereby repealed. 174 CITY CHARTER. CHAPTEH XYII. MISCELLANEOUS AND SUPPLEMENTARY. Section. 1. Ordinances imposing penalties to be published six days, before taking ef- fect. 2. Ordinances to continue in force. 3. All actions and rights preserved. 4. Eights of property vested in the corpo- ration; officers to continue until su- perseded. 6. No act invalidated or right divested by reason of this act. 6. No person incompetent to act as judge, witness or juror because an inhabi- tant of the city. 7. Powers of conservators of the peace. 8. Cemetery lots exempt from levy and at- tachment. 9. Criminals convicted in recorder's court may be sentenced to bridewell, instead ol county jail. 10. City not liable for board or jail fees of persons committed to county jail. 11. City not required to furnish an appeal- bond or affidavit of merits in any suit; execution not to be issued against the city. 12. Ordinances, when published by author- ity, shall be evidence without proof. 13. This act a public act ; courts to take judicial notice of it. 14. Certain acts respecting wharfing priv- ileges in Chicago, continued in force. 15. Board of Claims' Commissioners abol- ished. 16. Special provision concerning first elec- tion of aldermen under this act. Section. 17. Special provision concerning present commissioners of board of public works and board of police ; election of their successors. 18. Police justices may be appointed after first Monday of May, 1863, to succeed those then in office. 19. Special provision concerning present guardians of reform school ; appoint- ment of their successors. 20. "Ward supervisors now in office shall continue to serve until theu- present term expires: one supervisor to be elected in each ward at future elec- tions for town officers. 21. Certain offices in and for the towns of North, South and West Chicago abol- ished ; compensation of tuwa clerk for each of said towns not to exceed $100 a year; annual tax for town purposes restricted therein to $1000 ; school and other property, belonging to said towns, to be transferred to the city. 22. First election of city officers, under this act, to be held on third Tuesday of April, 1863. 23. This act shall not be construed to ex- tend to any railroad company any new rights or privileges. 24. Special provisions respecting the use of the railway tracks of anj' company, in the streets and alleys, by other companies. 25. This act to take effect from its passage. Ordinances imposing times. Section 1. Every ordinance, regulation or by-law^, im- pubHshed^six posing any penalty, fine, imprisonment, or forfeiture, for a violation of its provisions, shall, after the passage thereof, be published six times in the corporation newspaper, and proof of such publication, by the affidavit of the printer or publisher of said newspaper, taken before any officer author- ized to administer oaths, and filed with the city clerk, or any other competent proof of such publication, shall be conclusive evidence of the legal publication and promul- gation of such ordinance or by-law, in all courts and places. MISCELLANEOUS AND SUPPLEMENTARY. 175 Sec. 2. All ordinances, reo;ulations and resolutions, now ordinanceH ... ""^ '" force, in force in the city of Chicao-o, and not inconsistent with i"" remaiu in •' ^ ' force. this act, shall remain in force, under this act, until altered, modified or repealed by the common council, after this act shall take effect. Sec. 3. All actions, rights, fines, penalties and forfeit- ^i^nfij^^^" ures, in suit or otherwise, which have accrued under the iifJorpori^*^ several acts consolidated herein, shall be vested in, and ^'''°" prosecuted by the corporation hereby created. Sec. 4. All property, real, personal or mixed, belonging Property ,,. P/-11- -11 ^ • 1 • vested in cor- to the City oi Chicago, is hereby vested m the corporation puration. created by this act ; and the officers of said corporation, now in office, shall respectively continue in the same, until superseded in conformity to the provisions hereof; but shall be governed by this act, which shall take effect from and after its passage. Sec. 5. This act shall not invalidate any legal act done This act not by the common council of the city of Chicago, or by its pnur kcu or 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 act. Sec. 6. No person shall be an incompetent judge, justice, citizens com- •j. • 1 ^ , . , . . , , . petentas wit- witness or juror, by reason ot his beinf]!; an inhabitant or n»^sses or ju- rors. freeholder in the city of Chicago, in any action or proceed- ing, in which the said city shall be a party in interest. Sec. 7. All officers of the city, created conservators of ^o^ersofof- •^ licers created the p'.'ace, by this act, shall have power to arrest, or cause of"thr''^'''^^ to be arrested, with or without process, all persons who shall break, or threaten to break the peace, and, if necessary, detain such persons in custody over night, in the watch- house, or other safe place ; and shall have and exercise such other powers, as conservators of the peace, as the common council may prescribe. Sec. 8. The ccmi'tny lots, which have been, or may cemete 176 CITY CHARTER. lots exempt hereafter be laid out and sold, by said city, for private from execu- > *) «/ ' i: tion. j^laces of burial, shall, with the appurtenances, forever be exempt from execution and attachment. Recorder Sec. 9. It shall bc lawful for the recorder's court, to may sen- , -, n tence crimi- sonteuce Criminals, convicted of offenses committed in the nals to bride- ^^11- city of Chicago, punishable by imprisonment in the county jail, to imprisonment in the city bridewell, to be there kept at labor. City not lia- Sec. 10. The city of Chicago shall not be liable, in any ble for board i • •! n of prisoners casc, for the board or jail fees of any person who may be committed by any officer of the city, or by any court or magistrate, to the jail of Cook county, for any offense punishable under the statutes of this state. ,jc City not re- Sec. 11. "When in any suit, the city of Chicago prays quii-edtofur- ^ '' ' "^ _ o J. «' ^iSb^nd^&c ^^ appeal from the judgment of any court in this state, to a higher court, it shall not be required to furnish an appeal bond ; nor shall any affidavit of merits be required of said city, in any suit to which it is a party defendant, to entitle it to defend the same. No suit shall be brought against the city, except in a court of record ; nor shall any writ of execution be issued for the collection of any judgment re- covered against said city. Printed or- Sec. 12. All Ordinances of the city, when printed and be^'rSved published by authority of the common council, shall be received in all courts and places, without further proof. This act pub- Sec. 13. Tliis act shall be deemed a public act, and may ^'^' be read in evidence, without proof; and judicial notice shall be taken thereof, in all courts and places. Wharfin<^ Sec. 14. Nothing in this act contained, shall be held to privileges. ^^^^^\ either of the following acts, to wit : " An act to ad- just and settle the title to the wharfing privileges in Chicago, and for other purposes," approved February 27th, 1845, and "An act to amend an act entitled 'An act to adjust and settle the title to the wharfing privileges in Chicago, and for other purposes,' approved February 27, 1847, and in relation to wharves and docks in said city," approved Feb- MISCELLANEOUS AND SUPPLEMENTARY. 177 ruary 11th, 1853 ; but both of said acts, with the exception of the fifth section of the first mentioned act, are hereby ratified and continued in force. Sec. 15. Sectionsixty-six and a half of the act amendatory ciaims» com- •^ «' missioners. of the city charter, approved February 18th, 1861, constitu- ting a board of Claims' Commissioners in and for said city, is hereby repealed. Sec. 16. All aldermen now in office, and whose terms, S'^Sidermin" by virtue of previously existing laws, will not expire until the year 1864, shall represent in the common council, the respective wards in which they reside, as the same are hereby established, to the end of the term for which they were chosen ; but, if, in any case, more than two such alder- men shall happen to reside in the same ward, two of them, to be designated by lot, shall retain their seats as above provided, and the other or others shall retire from office on the first Monday of May next. Two aldermen shall be chosen, at the next annual election, in each of said wards which would not otherwise be fully represented in the com- mon council ; but no alderman shall be then chosen in any ward, which, by virtue of the provisions of this section, will be fully represented in the common council during the ensuing municipal year. Sec. 17. One commissioner of the board of public works, Present com- ^ ' missioners of shall be elected, at the next annual election, to succeed the JXfc works commissioner whose term of office will expire on the first condnu^'in' Monday of May next. That one of the other two com- tiorof fhSr successors missioners, now in office, having the shortest term to serve, shall continue in office until the first Monday of May, 1865, and the one having the longest term to serve, shall continue in office until the first Monday of May, 1867, at which several times their respective terms of office shall expire. The provisions of this section shall also extend to and in- clude the commissioners of the board of police, except as to the time of their continuance in office, which shall be until the first Monday of May 1864, for the one having the 178 CITY CHARTER. elected in May to suc- ceed those then in office shortest term to serve, and until the first Monday in May, 1865, for the one having the longest term to serve. Poiicejus- Sec. 18. Any vacancy now existing in the office of tices to be *» t/ o police justice, or which may occur before the first Monday of May next, may be filled in the manner prescribed by present laws ; but the police justices then in office, shall hold only until the election and qualification of their successors. ?eform8?hoof ^^^' ^^' ^^® ^^^ guardiaus of the reform school, now SffiS'^^^'^ ^ ^^ office, having the longest term to serve, shall continue in office until the first Monday of June, 1865 ; the two guard- ians having the next longest term to serve, shall continue in office until the first Monday of June, 1864 ; the other three guardians shall continue in office until the first Mon- day of June next ; at which several times, their respective terms of office shall expire. ward'super- Sec. 20. The supervisors now in office, who were elected visors. ^ ' from the different wards of the city of Chicago, as they were heretofore constituted, shall continue in office until the expiration of the term for which they were chosen. At all future elections for town officers, one supervisor shall be elected in each of the wards of said city, as the same are hereby established. Certain town Sec. 21. The officcs of ovcrsccr of the poor, commis- offices abol- ^ ' North South sio^^^ ^^ highways, overseer of highways and pound Chicago!* master, in and for the towns of North Chicago, South Chicago and West Chicago, respectively, are hereby abol- ished ; and hereafter, the town clerk of neither of the said towns shall receive for his official services, a compensation Tax for town excecding one hundred dollars a year ; nor shall it here- purposes. . . . , ^ after be lawful to raise a tax for town purposes, m either of said towns, exceeding one thousand dollars a year, in any one year. All school property, and all other public prop- erty of every description, in the towns of North Chicago, Transfer of Soutli Chicago and Wcst Chicago, shall belonei;, and be town proper- ° . ty to city, forthwith transferred to the city of Chicago. All moneys MISCELLANEOUS AND SUPPLEMENTARY. 179 •in the hands of the treasurer of Cook county, or in the hands of any town oflBcer or agent, collected or raised for school purposes, or for the construction or repair of high- ways or bridges, in either of said towns, including money received for licenses, and all such moneys as shall hereafter come into the hands of said treasurer, or other officer, shall be paid over to the treasurer of the city of Chicago ; and said moneys shall be applied by said city to the purposes for which the same were collected or raised. Sec. 22. The first election of all city officers to be chosen J^clty offi-"' by the people, shall be held, except as is herein otherwise peopled provided, on the third Tuesday of April next. Sec. 23. This act shall not operate or be construed, to J^pa^es to extend to any railroad company any rights, privileges or new^Vhta benefits, which they do not now possess under their respec- tive acts of incorporation or existing laws. Sec. 24. Whenever any railroad or railway company, use of the ./ ./ i ./ / railway which has been heretofore, or may hereafter be authorized tracks of any ' J company in to extend its railway tracks along the streets and alleys and auey?, and across the waters controlled by the city, within the companiea. limits of said city, shall desire to use the track or tracks of any other railroad or railway company, in said streets and alleys and across the waters controlled by said city, within said limits, for the passage of their cars and engines, and the transaction of their business, or either, it shall be law- ful for such company to apply, by petition, to the judge of the circuit court of Cook county for such leave ; and the owner or owners of such track or tracks, so desired to be used, having been first notified to appear and answer to such petition, it shall be the duty of said court, to appoint three commissioners, to determine the time or times, mode, manner, extent and rates, at which such track or tracks may be used as aforesaid ; and the said commissioners shall grant a certificate to the party or parties so applying, setting forth in such certificate their decision ; and the party applying as aforesaid, acting in pursuance of said 180 CITY CHARTER. certificate, shall be authorized to use such track or tracks in compliance with such certificate. An appeal may be taken, by either party, to the circuit court of Cook county, from such decision. All proceedings in said court and before said commissioners, when so appointed, shall be con- ducted in the manner provided for the condemnation of rights of way, in an act to amend an act entitled "An Act to amend the law condemning right of way for purpose of internal improvement," approved June 22d, A. D., 1852, and the amendments thereto. The provisions of this sec- tion shall not authorize the use of the railway track of any party, for the running of the regular trains of another party, or in such manner as in any way to interfere with the running of the regular trains, or materially with the general business of the party owning such railway track ; and such use of such railway track, and the cars and en- gines passing over the same, shall be under the exclusive direction and control of the superintendent of the railway, the track of which is so used, and shall be limited to the railway tracks laid down in, along and over the streets, alleys and waters of said city, as hereinbefore stated. Whenever, by the use of any such track, under any decision made as above specified, either party shall deem the terms of said use unjust or inequitable, or to require revision, he or they may have a re-adjustment of the same, upon appli- cation and hearing in the manner herein above provided. ^ffect*from Sec. 25. This act shall take effect from and after its its passage. passage. Approved February 13, 1863. INDEX. ACCOUNTS against tlio city, liow audited, 40, 41, C4, 119, 139, 151. ACTING MAYOR, -wbeu and liow appointed, 17, IS. ACTIONS by city in police court, how brought, 125. ALDERMEN, to compose, with the mayor, the common council, 7,-5. election of, 9. to be divided into classes, 9. vacancies, how created and filled, 9, 10. not to be taken as sureties, on obligations made to city, 14. to receive no compensation, hold no lucrative office, or be interested in city contracts, 25. ex-officto fire wardens and conservators of the peace, 18. exempted from jury and military duty, 18, 132. first election of, under revised charter, 177. See Common Council. ALLEYS. See Streets. AMUSEMENTS, power to license, regulate and prohilut, 2S, 30. 31. ANIMALS, power to punish abuse of, 30. ANNUAL ESTIMATES of city expenses, to be niaile by comptrollLn-, 42. 43. of expense of repairs and improvements, to be made liy board o f public works. 64. of police expenses, to be made by police commissioners, 118. of expenses of reform school, to be made by board of guardians, 151. of sums required to be raised for use of water works, to be made by board of public works, 1G2. of sums required to be raised for sewerage works, to be made by board of public works, 170, 171. ANNUAL REPORTS, to be made by comptroller, 42, 52. to be made by treasurer, 45. to be made by collector, 4(3. to be made by board of public works, 58, 162, 172. to bo made by police commissioners, 120. to be made bj- board of education, 140. to be made by superintendent of schixils, 141. to be made by bi>ard of guardians, 144. APPEALS from assessments for condemnation of real estate. 73, 74. from other assessments, not permitted, 78. from police commissioners, 110, 111. from police court, 125. when taken by city to an appellate court, no bond required, 176. 184 • INDEX. APPROPRIATIONS, by common council, when to be made, 49. vote to be taken by yeas and nays, 26. separate accounts with each, to be kept by treasurer, 44. ARDENT SPIRITS, power to regulate sale of, 27. AREA WALLS, power to construct, 67. mode of procedui-e, 67, 68, 76-78. ARMORIES, superintendence of, 58. ' , ASHES, power to regulate the deposit of, 130. ASSESSMENTS, special, provisions concerning, 66-86. to be made by board of public works, 60. commissioners to be sworn in all cases, 69, 77. commissioners not to serve when interested, 83. maj'or not to act as commissioner, 17, 60. special commissioner, how appointed, 83. for what to be levied, 67. to be ordered only by a three-fourths' vote in certain cases, to be taken by ayes and noes, 68. moneys collected on, to be held as special funds, 45. surplus monej's raised bj', to be refunded, 82. for condemnation of real estate, 69-76. for widening river may include exjiense of excavation, 69. application for confirmatiou of, how and when made, 72, 73. confirmation of, when final and conclusive, 73, 77, 78. appeal from confirmation, 73, 74. when annulled or set aside, another to be made, 73, 78. for deepening and di-edging the river, 76. for.improvement of streets, 76, 77. for sidewalks and drains, 78, 79. for erection of lamp posts, 80, 81. for removal of nuLsances, 81. on railway companies, how levied and collected, 77. to be borne and paid by owners of real estate, 81 ; if paid by tenants, theyjmay recover o f owners, 81. appointment of guardians for infant owners, 81, 82. when proceedings may be reviewed on certiorari, 82. formal defects not to invalidate, 98, 105. when first insufficient, a second may be levied, 82. on failure to collect, new assessment may be made, 82, 83. a lien for five years, 83. for widening Michigan Avenue, 85. Collection of, 95-105. warrants, when and how issued, 73, 95. warrants to be delivered to collector, 95. proceedings by collector, 95, 96. damages, when collectible, 97. application for judgment against delinquent property, 97. proceedings thereon, 98, 99. costs to be taxed, 99. form of judgment, 99. process of sale, 99. sale of real estate, how conducted, 100, 101. when sales to be made, 104. certificates of sales, 100, 101, 102. redemption from^sales, 101, 102, 105. deeds, when and how issued, 102, 105. effect of deeds in evidence, 102, 104. Water Assessments, 157-161. See Water Wm-ks. INDEX. 185 ASSESSMENT ROLLS in condemnation proceedings, how made and returned, 70-73. revision and confirmation of, 73. objectionrt to. when to be filed, 70. for deepening the river, 76. for improving streets, 77. for construction and repair of side-walks, 78-80. for erection of lamp posts, 80, 81. for removal of nuisances, 81. < ASSESSORS, board of, how composed, 12. how and when appointed, 12. qualifications of, 12. duties, powers and liabilities o^ 19. appraisal of property by, for taxation, when to be completed and filed, 92, 9.3. to give notice of time and place to hear objections, 93. power to revise appraisal, 93. to supervise preparation of tax lists. 93, 94. penalty for neglect or violation of duty, 104. ATTORNEY. See City Attorney. AUCTIONEERS, power to tax, license and regulate, 28. AUDITOR, power to provide for appointment of, 53, 54. general duties of, defined, 54. BALL, plajing of, power to prevent and regulate, 30, 31. BALL ALLEYS, power to tax, license, regulate and suppress, 28. BARNS, power to regulate and remove, 29, :34. Iightj5 in, power to regulate the use of, 30. BATHING, power to regulate, 30. BEEF, power to regulate inspection of, 32. BEGGARS, power to restrain and punish, 30. BELLMEN, how appointed and removed, 12. number of, to be determined by common council, 8. BILLIARD TABLES, power to tax, license, regulate and suppress, 28. BILLS' OF MORTALITY, power to direct the keeping of, 31. duties of board of police, concerning. 121. BIRTHS, power to regulate registration of; 31. BOARD OF ASSESSORS. See Assessors. BOARD OF CLAIMS' COMMISSIONERS, abolished, 177. BOARD OF EDUCATION. See Schooh. BOARD OF GUARDIANS, See Reform Scho 186 INDEX. BOARD OF HEALTH, 121-123. See Police. ROARD OF POLICE, 106-123. See Police. BOARD OF PUBLIC WORKS, 55-65. See Public Works. BOATS AND VESSELS, in tlie harbor, power to regulate, 34, sanitary provisions concerning, 122, 123. BONDS. See City Bonds, also Official Bonds. BOUNDARIES of city, defined, 4. BREAD, power to regulate the weight and sale of, 32. BREWERIES, power to direct location of, 29 ; power to regulate and license, 29. Brewers, power to tax, license and regulate, 28. BRIDEWELL, keeper of, how appointed and removed, 12, 33. power to establish, 33. who may be confined in, 33, 36, 125, 176. prisoners may be kept at labor, 33. power to release from, 126. power to purchase gi'ounds and erect buildings for, 51, 52. authority to issue bonds for, 51 52. BRIDGES, power to require railroad companies to construct, at railroad crossings, 32, 33. power to erect, 33. power to regulate, 34. board of public works to have special charge of, 58. expense of constructing, how paid, 84. may be constructed by private persons, 84. penalty for injuring, 84, 85. BRIDGE TENDERS, how appointed and removed, 12. number of, may be determined by common council. 8. BUILDINGS, permits for raising and moving, 59. mat erials for, not to be placed in streets without permit, 59. not to be built of wood within fire limits, 60, 130. damages to, in opening streets, 71, 72. BURIAL OF THE DEAD, power to regulate, 31. BUTCHERS, power to license and regulate, 29. CABMEN, power to license and regulate, 28. CANAL LANDS, power to tax improvements on, 89. CARAVANS, power to prohibit, license and regulate, 28. CARMEN, power to license and regulate, 28. CARTERS, power to license and regulate, 28. INDEX. 187 CATTLE, running at large, power to restrain, 30. power to distrain and impound, 30. CELLARS, power to cleanso, 29. power to till up and drain, 34. CEMETERIES boyoud city limits, jjower to establish and regulate, 36, 37. placed under superintendence of board of puidic works, 37. sale of lots, 37. lots exempt from execution, 37, 175, 176. grounds exempt from taxation, 37. CERTIORARI in special assessment proceedings, when writ may be issued, 82. CESS-POOLS, construction of, power to regulate, 168 . CIRCUS, power to prohibit, license and regulate, 28. CISTERNS, power to regulate, 32. CITY ATTORNEY, election of and term of office, 8, 9. duties of, 18, 19. CITY BONDS to pay lloating debt, power to issue, 50, 61. power to complete the issue of certain bonds heretofore authorized, 51, 155, 168. for house of correction, power to issue, 51, 52. to meet those falling due, power to issue, 52, 157, 170. power to issue water-loan bonds to amount of $500,000, 155, 156. power to issue sewei-age bonds to amount of $500,000, 168, 169. list of all bonds outstanding to be kept by comptroller, 52, 157, 170. no bonds to be issued, iinless specially authorized by city charter, 53. interest on how provided and paid, 51, 52, 157, 103, 170, 172. sinking fund provisions, 88, 171, 172, 173. I)ower to piu-chase outstanding bonds, 157, 162, 170. CITY CHARTER, declared a public act, 176. construction and eflect of, 175, 176, 179. to take ettect from its passage, 180. CITY CLERK, how appointed, 12. term of office, 12. duties of, 18. to publish notice of elections, 8. to notify officers of their election or appointment, 15. to have custody of official bonds and oaths, 13, 16. power to administer oaths, 18. to furnish schedules of taxable real estate to assessors, 92. to prepare the tax lists, 93, 04. to compute the taxes, 94. to issue tax and assessment warrants, 94, 95, 159. to register the names of firemen, 132. CITY ENGINEER, how appointed, 56. powei"s and duties of, 56. CITY GOVERNMENT, vested in common council, 7, 26. officers of, 7, 8. CITY LIMITS defined, 4. 188 INDEX. CITY OF CHICAGO, Incorporated, 3, 4. general corporate powers, 4. limits and jurisdiction, 4. three divisions established, 4. diTision into wards, 4^6. government of, in whom vested, 7. inhabitants competent as jurors or witnesses in city actions, 175. vested rights preserved, 175. not liable for board of prisoners in county jail, 176. not required to furnish appeal bond in any suit, 176. not required to furnish aflfldavit of merits in any action, 176. suits against, to be brought only in courts of record, 176. execution not to be issued against, 176. CITY PHYSICIAN, how appointed, 12. duties of, 22. COAL, weighing and sale of, power to regulate, 32. COLLECTOR, election of, 8. term of oflBce, 9. to give bond, 22, 47. an officer of treasm-y department, 38, 39. duties of, 46. official books and papers subject to examination, 46. to pay over daily all moneys collected, 46, 47. treasurer's receipts to be filed with comptroller, 46. weekly reports of money collected to be made to comptroller, 46. annual statement to be made to common council, 46. removable for misconduct, 47. settlement with comptroller, controversies, how decided, 48. power to appoint clerks, 48. provisions respecting the safe keeping of public moneys, 47, 48. may be required to perform other duties, 48. embezzlement by, how punished, 48, 49. to give notice of all tax and assessment warrants issued for collection, 95. special provisions respecting collection of personal property tax, 95, 96. damages on unpaid taxes and assessments, when collectible, 96, 97. power to levy on personal property, 96. application for judgment against delinquent real estate, when and how made, 97. power to sell real estate, 99, 100. notice of sale, how given, 100. mode of conducting sale, 100, 101. precept to be returned, 101. to grant certificates to purchasers, 100. penalty for wrongful sale, 47. penalty for willful neglect of duty, 104. successor in oflBce may complete unfinished proceedings, 104. provisions respecting collection of warrants for water assessments, 159, 160. COLLECTION OF TAXES AND ASSESSMENTS. 92-105. See Taxts^ also Assessments. COMBUSTIBLE SUBSTANCES, keeping and conveying of, power to regulate, 29, 30. COMMISSIONS to city officers, by whom issued, 23. COMMON COUNCIL, general powers and duties of, 25-37. of whom composed, 7, 25. uiay divide wards into election districts, 8. INDEX. 189 COMMON COUNCIL. {Cknitinued.) may establish new offices, 8. may order election of aldornian to fill vacancy, 9. may increase number of assessors, 12. to ajipoint inspectors of election, 12. power to remove city officers, 12, 13. may fill vacancies in certain offices, 13. power to regulate elections, 14. to canvass election returns, 15. may ajipoint presiding officer in absence of mayor, 2.5. to appoint acting mayor in case of vacancy, 17, 18, acts piissed by, to be approved by mayor, 17. to reconsider acts vetoed by mayor, 17. members to be fire wardens and conservators of the peace, 18. members exempt from military and jury duty, 18, 132. proceedings to be recorded by clerk, IS. may define duties of officers, 22. may require officers to give bonds, 22. to approve certain official bonds, 22. to designate corporation newspaper, 23. may establish officers' salaries, 24. may provide for removal of officers for taking illegal fees, 23, 24. may provide additional salary for recorder, 24. meetings, when to be held, 25. quorum, how constituted, 25. members to receive no compensation, 25. members not eligible to salaried office, 25. members not to be interested in contracts with city, 25. special meetings, how called. 25, 20. shall establish its own rules, 26. to judge of the election of members, 26. may compel the attendance of absent members, 26. ordinances and petitions to be referred to committees. 26. reports of committees to be deferred and published on request of two members, 26. power to rescind or reconsider measures at special meetings limited, 26. may require reports from city officers, 26. vote to raise or appropriate money, to be taken by yeas and nays, 26. general powers of, 26-36. power to establish and regulate cemetery giounds. 36, 37. may remove treasurer for misconduct. 45. may establish place of deposit for city moneys, 44. power to authorize e.xpemlitures, limited, 50. may direct comptroller to borrow money for repairs, in case of necessity, 50. may authorize the issue of city bonds for certain purposes, 51, 52, 155, 156, 168, 169. to raise annual tax tor payment of interest on funded debt, 51. to levy tax for sinking fund, 8S. may provide for appointment of city auditor, 5.3, 54. power to regulate employment of agents by board of public works, 58. may assign additional duties to board of public works, 89. power to regulate erection of frame buildings within fire limits. 60, 130. may prescribe fees for permits issued by board of public works, 60. power to regulate the moving of buildings through the streets, 59. power to authorize contracts by board of public works, without advertising for bids, 62, 63. to levy tax to p;vy for necessary repairs and improvements, 64. power to lay out, widen and discontinue streets and alleys, 66. power to purchase lay out and iijiprove parks and public grounds, 66, 67. power to improve streets, 67. 190 INDEX. COMMON COUNCIL. (Continued.) power to widen and deepen the river, 67. power to erect and construct sidewalks, area walls, lamp posts and drains, 67. power to make wharves a3d slips at ends of streets, 66. to refer petitions for public improvements to board of public works, 67. may direct improvements after reports from board of public works, 68. three-fourths' vote required for improvements in certain cases, 68 ; ayes and noes to ba taken, 68 power to revise and confirm assessments, 73, 77, 78, 79, 81. may levy new assessments in certain cases, 82, 83. power to widen Michigan Avenue, 85. power to levy and collect taxes, 87, 88 ; when to be levied, 94. to levy tax for police expenses, 118. may require information respecting books and accounts of police commissioners, 119. power to make quarantine regulations, 123. power to assign additional duties to board of health, 123. power to remit penalties imposed by pohce court, 125. may authorize appointment of deputy clerks in police court, 126. may provide for appointment of prosecuting attorney, in police court, 129. power to establish fire limits, 130 . general powers for prevention of fires, 130, 131. power in relation to school lands and fund, 134, 135, 136. power to estabUsh and maintain schools, 135, 137, 138. power to purchase land a nd erect buildings for reform school, 1-43. shall establish penalties for violating regulations concerning use of water, 161. to raise annual tax for support of water works, 162. shall establish penalties for violating regulations concerning sewers, 173. to raise annual tax for sewerage purposes, 171. COMMUNICATIONS to common council, to be referred to committees, 26. COMPTKOLLER, how appointed, 39. removable at pleasure of mayor and common council, 39. a member of board of guardians, 11, 1-43, to give bond, 22, 39. may give directions respecting the law business of the city, 18. to have charge of the sale of cemetery lots, 37. chief of treasury department, 39. books to be kept by, 39. official books and papers subject to examination by mayor and common council, 39, 40. general powers and duties of, 40. to audit claims against city, 40. may examine claimants under oath, 40, 41. to draw all warrants on treasurer, 41, 44, 64, 119, 137, 151. to charge receiving officers with moneys collected, 41. to countersign tax and assessment warrants, 41. power to require reports from revenue officers, 41. to report defaulting officers to mayor for removal, 42. to publish annual financial statement, 42, 52. , to submit to common council an annual estimate of city expenses, 42, 43. to prepare and publish monthly statements of receipts and expenditures, 43. adjustment of accounts with treasurer and collector, controversies, how decided, 48. power to appoint clerks, 48. may be required to perform additional duties, 48. power to sell and negotiate city bonds, 50, 155, 169. shall keep a list of outstanding city bonds, 52, 157, 170. duty respecting payment of interest on funded debt, 40, 52, 157, 163, 170, 172. may be authorized to borrow from certain funds tp. meet demands on another, 53. INDEX. 191 COMPTROLLER. (Continued.) to sign tax and special assessment warranto, 9i, 95 to deliver tax and and special assessment warrants to collector, 94, 95. to keep a record of tax and assessment sales, 101. may cancel erroneous sales, 102. to record redemptions from ta.\ and assessment sales, 101, 102. to keep a memorandum of tax and assessment deeds issued, 102. to act in place of collector in case of vacancy, 104. to pay witnesses for city in police court, 127. to require police-court clerk to make reports and pay f>ver moneys, 128. power to purchase outstanding city bonds, 88, 157, 170, 171. CONCERTS, power to prohibit, license and regulate, 28. CONDEMNATION OF REAL ESTATE, mode of procednre, 66-70. assessments for, how made, 69-76. when condemnation effectual, 74. payment of damages, 74, 75. proceedings to be recorded, 76. possession, when to be taken by city, 75. contracts and leases discharged by, 75. condemnation and sale of buildings, 71, 72. appeal from confirmation of assessment, 73, 74. CONSERVATORS OF THE PEACE, who constitute, 18. powers of, defined, 175. CONSTABLES, how chosen, 9. power of appointing additional, 7. to give bond, 21, 22. ^ not to serve process beyond city, 22. power to serve process beyond city for violation of cemetery regulations^ 37. CONTRACTS with city, municipal officers not to be interested in, 24, 25, 53, 63. not to be made by city, unless appropriation has been been made for expense, 53. by board of public works, how made, 60, 61, 62, 63. for public work, to be filed with comptroller, 61. payable from special assessments, how let, 62. for supplies and materials, how made, 62. for sewerage or water works, shall specify that they are for such works, 64. CONTRACTORS, to give a guaranty to city, 61. may receive estimates as work progresses, 61, 62. to have no lien on city, when payable from proceeds of special assessments, unless the assessment is collected, 62. CORPORATION NEWSPAPER, how designated, 23. what to be published in, 23, 26, 42, 43, 60, 69, 71, 72, 73, 75, 77, 78, 93, 95, 96, 97, 100, 158, 174. CORPORATE PROPERTY, to be transferred by retiring officers to theii- successors, 23. penalty for willful injury to, 84, 163, 173. in whom vested, 175. COUNSEL TO THE CORPORATION, how appointed, 12. term of office, 12. duties of, 18, 19. COURTS. See Police a>urt. 192 INDEX. CROSS-WALKS, power to construct, 67. expense of, how paid, 84. DEATHS, registration of, power to regulate, 31. DEEDS for taxes and assessments, when and how issued, 102. of what prima facie evidence, 102, 103. of what conclusive evidence, 103. proof required to defeat, 103. not to be questioned, unless redemption money has been tendered, 103, 104. DEFAULTERS, not eligible to office, 14. to be reported to mayor for removal, 42. DISEASE, contagious, power to make regulations concerning, 31, 35. DISORDERLY ASSEMBLAGES, power to prevent, 29. DISORDERLY HOUSES, power to restrain and suppress, 29. DISPENSARIES, power to establish, 35. DISTILLERIES, power to direct location of, 29. power to prohibit, license and regulate, 29. DISTILLERS, power to tax, license and regulate, 28. DISTURBANCES, power to prevent, 29. DIVISIONS of city, defined, 4. DOCKS, encumbering of, power to prevent, 30. superintendence of, 58. DOGS, power to tax, restrain, and destroy, 30. DRAINS, power to cleanse and regulate, 34, 35. power to construct, 67, 167, 168. mode of procedure, 67, 68, 78, 79. DRAYMEN, power to license and regulate, 28. ELECTION DISTRICTS, wards to be divided into, 8. ELECTIONS, municipal, when to be held, 8, 179. notice of, how given, 8. special, provisions concei'ning, 8. determined by plurality vote, 9. officers to be elected, 8. of aldermen and constables, 9. in case of tie, how determined, 10, INDEX. 193 ELECTIONS. {Omtinued.) of commissioners of public works, 10, 177. of police commissioners, 10, 177. inspectors of, liow appointed, 12. manner of conducting, 14, 15. manner of contesting, 14. power to regulate, 14. returns of, 15. ELIGIBILITY TO OFFICE, 14. EMBEZZLEMENT, by revenue oflBcers, how punished, 48, 49. by commissioners of public works, how punished, 65. ENGINEERS OP FIRE DEPARTMENT, how elected, 8. term of office, 8, 9. duties of, 131, 132. ENGINE HOUSES, superintendence of, 58. EVIDENCE, of official papers and proceedinga, 18. of tax sales, 101, 102. tax lists conclusive, as to amount assessed, 94. of publication of ordinances, 174. ordinances when to be received as, 176. EVIDENCES OP DEBT, not to be issued, unless expressly authorized by charter, 53. EXECUTION, on judgments in police court, when and how issued, 125. not to be issued against city, 176. EXHIBITIONS, power to prohibit, license and regulate, 28. EXPENDITURES, not to exceed amount provided in annual appropriation bUl, 50. for improvements payable from general fund, limited, 50. by police commissioners, limited, 119. See Receipts ami Expenditures. FEES, of fish inspector, 20. for licences, 28. of inspectors, weighers, and gangers, power to prescribe, 32. for permits, 60. received by salaried officers to be paid into city treasury', 24. of police justices, to be paid into city treasurj', 126. not to be received by members of police force, 109, 110. FERRIES, power to regulate and license, 32. FINANCE COMMITTEE, to examine and pass upon doubtful claims, 41. to examine annually all warrants paid by treasurer, 45. to examine collector's books and vouchers, 46. to examine and compare annual reports of comptroller, treasurer and collector, 47. to adjust accounts between officers of treasury department, 48. power to authorize the borrowing of money, 50. power to authorize issue of bonds, 50, 51. power to authorize issue of drafts on treasurer, 52. may authorize comptroller to borrow from one fund to meet demands on another, 53. 194 INDEX. FINANCE COMMITTEE. {Continued. accounts of board of public works, subject to inspection of, 65. FINANCES, of corporation, general control of, 26. comptroller to have supervision over, 40. annual statement of, to be published, 42. temporary loans authorized in certain cases, 50, how provided for, 50, bonds authorized to be issued, 50-52, 155, 156, 168-170. power to borrow money to pay interest on bonded debt, 52, 163, 172. interest on bonded debt to be raised by annual tax, 51. sinking fund for general bonded debt, 88. power to levy and collect taxes, 87-91. sinking fund for sewerage debt, 171-173. FINES, power to enforce ordinances by, 36. imposed by police court, power to remit, 125. FIRE DEPARTMENT, 130-133. engineers of, how elected, 8. power to make regulations for prevention of fires, 130, 131. power to purchase fire engines and apparatus, 131. power to appoint firemen, 131. duties of engineers, 131, 132. power to appoint fire marshal, 132. firemen exempted from military and jury duty, 132. firemen to be registered by city clei-k, 132. fire-insurance rates, how appropriated, 90, 91. fund for relief of disabled firemen, 132, 133. fire-telegraph fund, 133. power to construct hydrants to extinguish fires, 153. FIRE LIMITS, power to establish, 130. permits to erect frame buildings within, 60. # FIRE MARSHAL, power to provide for appointment of, 132. duties of, 132. FIRE WARDENS, 18, 132. FIRE WORKS, power to prevent, 131. FISCAL YEAR, when to commence, 49. FISH, inspection of, 19-21. power to regulate sale of, 32. FISH INSPECTOR, how appointed, 12. term of ofiBce, 12. duties, powers and liabilities of, 19-21. ^ FLOATING DEBT, power to issue bonds for, 50, 51. FLOUR, power to regulate inspection of, 32. FORESTALLING, power to prevent and punish, 27, 29. FRAUDULENT PRACTICES, power to restrain, 27. FUND, separate amounts of each, to be kept by treasurer, 44. power to use moneys of one, to meet demands upon another, 53. INDEX. * 195 FUNDED DEBT, interest on, to be raised by annual tax, 51, power to borrow money to pay interest on, 52. sinking fund for, 88. GAMING, power to restrain and punish, 27, 35, 36, 113. power to destroy inHtrumonts used in, 29, 113. GAS PIPES, power to regulate the laying of, in public streets, 59. GAUOERS, power to appoint, 32. fees of, power to prescribe, 32. GEESE, power to restrain, 30. GENERAL FUND, how raised, 87. expenses chai-geable to, 58, 84, 87. GOATS, power to restrain, 30. GRADES, power to establish and alter, 34. GROCERIES, disorderly, power to suppress, 29. GROCERS, power to license and regtilate, 27. GROUNDS, power to fill up and drain, 34. GUNPOWDER, storing of, power to regulate, 29, 30. keeping and conTeying of, power to regulate, 30. HACKMEN, power to license and regulate, 28. UARBOR, power to preserre and regulate, 27, 33, 34. power to widen and deepen, 27. , what to include, 34. marine-insurance rates to be applied to improvement of, 91. See Miver. UARBOR MASTER, how appointed, 12. term of office, 12. duties of, 19. HAWKERS, power to license and regulate, 28. II AY, weighing and selling of, power to regulate, 32. HEALTH, powers for the preservation of, 31, 35. life-insunince rates to be used for sanit;iry purposes, 91. Board of, general powers and duties, 121-123. physicians to report infected patients, 121, 122. 196 INDEX. HOOPS, rolling of, power to prevent, 30, 31. HORSE RACING, power to prevent, 30. HORSE RAILWAYS, power to regulate the running of cars, 33. power to regulate the laying of tracks, 33. HORSES, power to restrain', 30. HOSPITALS, power to establish, 35. superintendence of, 58. keepers and assistants, power to appoint, 8. HOUSE OF CORRECTION, keeper of, how appointed, 12, 33. power to establish, 33. who may be confined in, 33, 36, 125. 176. prisoners may be kept at labor, 33. power to release from, 126. power to purchase grounds and erect buildings for, 51, 52. authority to issue bonds for, 51, 52. HOUSE OF REFUGE, power to establish, 35. HOUSES OF ILL FAME, power to suppress, 29. HYDRANTS, public, power to regulate, 32. power to construct, 153. ICE, cutting and sale of, power to regulate, 32. impure, power to restrain sale of, 32. IMMODERATE DRIVING, power to restrain, 30. IMPOUNDING, power to authorize, 30. IMPRISONMENT, power to enforce ordinances by, 36. IMPROVEMENTS. See Public Improvements. INDECENT EXPOSURE, power to prevent, 30. INFANTS, guardians of, when necessary, how appointed, 81, 82. INSPECTION, of fish, 19, 20, 21, 32. of lumber, 32. \ of salt, flour and other provisions, 32. of whisky and other liquors, 32. INSPECTORS, power to appoint, 7, 8, 32. fees 0^ power to prescribe, 32. INSPECTORS OF ELECTION, how appointed, 12. number of, 7. duties, powers and liabilities of, 15. INSURANCE RATES, how collected and appropriated, 89, 90, 91, 132, 133. INDEX. 197 INTEREST ou funded dobt, to be raiwed l)y amiuul tax, 01, 8S. to be paid by comptroller, 40, 157, 170. power tu provide for, by teiii;)orar3' loans, O'J, 53, 103, 172. JAIL, power to enforce ordinances by imprisonment in, 30. board of pri.soner.-), when city not liable for, 170. JUDGMENTS against city, power to provide for, by temporary loans. 50. JUNK SHOPS, power to tax, license and regulate, 2«. JUKV DUTY, who exempted fronj, IS, 120, 121, 132. KITES, flying of, power to regulate, 30, 31. LAMP POSTS, power to erect, 67. mode of procedure, 67, 68, 80, 81. LAMPS, lighting of, power to regulate, 32. superintendenc* of, 59. power to levy tax for, 87. LAND SURVEYORS, power to license, 56, 57. LANES. See Streets. LARD, steamini; and rendering of, power to license and regulate, 29. LAW DEPARTMENT, officers of, 18. LEGAL PROCEEDINGS, comptroller to have supervision over, 40. I LICENSES, power to issu'e, 28. not to be granted for more than one year, 28. fees for, 28. LIEN, against vessels, 34. of special assessments, 83. of taxes, 96. of water rents, 157, 15S. LIGHTS, in stables and out-houses, power to regulate, 30. in streets, superintendence of, 59. power to levy taxes for, 87. LIQUORS, sale of, power to regulate, 27. inspection' of, power to regulate, 32. 198 INDEX. LOCOMOTIVE ENGINES, power to regulate use of within city, 32. LUMBER, storing of witliin fire limits, power to regulate, 31, 32. measuring and inspecting of, power to regulate, 32. LUMBER YARDS, power to prohibit within fire limits. 31, 32. MARKETS, power to establish and regulate, 29. superintendence of, -58. MAYOR, election of, 8, 9. term of office, 9. power of appointment to office, 12. power to fill vacancies, 10, 13. vacancy in office of, how filled, 13. general duties of, 16, 17. salary of, 17. to preside over common council, 16, 25. a member of boards of police and public woi-ks, 17, 55, 107. power to administer oaths, 17. veto, power of, 17. may call special meetings of common council, 25. to countersign all warrants on the treasurer, 41, 44, 64, 119, 137, 151. power to remove defaulters, 42. may remove treasurer and collector for misconduct, 45, 47. power to release prisoners from bridewell, 126. MEAL, inspection of, power to regulate, 32. MEATS, sale of, power to license and regulate, 29. MENDICANT CHILDREN, power to provide for safe keeping and education of, 35. MENDICANTS, power to restrain and punish, 30. MICHIGAN AVENUE, power to widen and improve, 85. encroachments on public grounds east of, prohibited, 86. MILITARY DUTY, who exempted from, 120, 121, 132. MULES, power to restrain, 30. , MUNICIPAL Y'EAR, when to commence, 8. MUSICAL ENTERTAINMENTS, power to license and regulate, 28. NOISE AND DISTURBANCE, power to prevent, 29, 31. NUISANCES, power to define and abate, 31, 35. assessments for removal of, 81. expense of removing recoverable by suit, 81. board of health may abate, 121. INDEX. 199 OATII, officers empowered to arlminister, 17, 18, 41, 58, 110, 120. of votcrH, 15. of city officers, 16, of coniniissioners oi public workn, 64. of police commissioners, 107. required of all clerks in treasury department, 48. to be taken by all police officers, 120. accounts of treasury officers to be verified by, 40. OFFICIAL BONDS, when to be tiled, l.J, 14, 22. may be re. to bo established in each dislriit, 1.".7. who may attend, 1.37. for negroes and niulattoes, 137, 138. disturbance of, power to punish, 35, 30. power to levy taxes for, 87. teachers not to bo interested in purchases, or work dom- for, '21. management of school lands and fund, 134-137. school-tax fund, 137. Board of Education, how coustitutcil, 11. members to receive no compensation, 24. not to bo interested in sale of school books, 142. employees not to be interested in purchases, or work doni- for schools, 24. powers and duties of, 138, 130, 140. teachers to report to, monthly, 130. officers of, 139. to keep a record of proceedings, 130, 140. powers to bo exercised only at formal meetings, 140. proceedings to bo published, 140. to make annual reports, 140. power to appoint superintendent, 140, 141. duties of superintendent, 141, 142. SCHOOL-TAX FUND, how raised, 87. how used and disbursed, 137. bills chargeable to, 139. SEALERS OP WEIGHTS AND MEASURES, power to appoint, 7, 33. SECOND-HAND GOODS, dealers in, power to tax, license and regulate, 28. SEWERAGE FUND, office expenses chargeable to, 58. ' , to be raised by annual tax, 87, 88, 171. to bo used only ft>r sewerage purpascs, 109, 172, 173. power to iuvest surplus, 170. SEWERAGE WORKS, 164-173. superintendence of, 63, 104. contracts for, to specify they are for said works, 04. moneys received for permits, to be paid over weekly to treasurer. 03. contracts for, to bo paid from sewerage fund, (A. contracts made by sewerage commissioners to bo performed by board of public work-, 00, 04. power to levy taxes for, 87, 88, 171. power to make surveys, 165. power to purchase books and charts, 105. power to lay sewers, 165. 208 ind'ex. SEWERAGE WORKS. (Continued.) power to construct canals, 165. power to purchase real estate, 165. power to enter upon lands and agree on compensation, 100. power to condemn lands for, 166. power to change grade of streets, 166, 167. connections with private drains, 167. jjower to construct private drains, 167, 168. power to regulate construction and draining of privies and cess-pools, 108. power to issue bonds, 168, 169, 170. provisions concerning issue and sale of bonds, 169, 170. principal and interest to be paid by comptroller, 170. power to purchase outstanding bonds, 170. board of public works to rei^ort annually amount required for sewerage purposes, 171. treasurer to report monthly to board of public works amount of sewerage tax collected, 171. facts to be stated in annual report, 172. power to bori'ow money to pay interest on sewerage bonds, 172. sewerage accounts to be kept separately, 172. penalty for willful injury to sewers, 173. power to make ri;les and regulations concerning sewei's, 173. .sinking fund provisions, 171, 173. ' SHEEP, power to restrain, 30. SHOWS, power to license and regulate, 28. SIDEWALKS, encumbering of, power to prevent, 30. power to compel removal of snow and ice from, 31. power to control and regulate, 34. superintendence of, 58. permits for raising, 59. construction of vaults under, bow regulated, 59. power to construct and repair, 67. mode of procedure, 67, 68, 78, 79. owners of adjacent property responsible for safe condition of, 80. penalty for willful injury to, 84, 85. SINKING FUND, for general bonded debt, 88. for sewerage debt, 171, 172. SINKS, power to regulate, 34, 35. 6LAUGHTER HOUSES, power to direct location of, 29. power to pi'ohibit, license and regulate, 29. SLIPS, power to fill up and regulate, 34. poAver to construct, 66. expense of, how paid, 84. SNOW AND ICE, on sidewalks, power to compel removal of, 31. SOAP FACTORIES, power to abate, 29. SPIRITUOUS LIQUORS, sale of, power to regulate and license, 27. STABLES, power to regulate, 27. lights in, power to regulate, 30. STEAMING LARD AND TALLOW, power to prohibit, license and regulate, 29. INDEX. STREET TAX, abolished, 89. STREETS, encumbering, power to prevent, 30, 34. obstructions in, power to remove, 31. power to control and regulate, 31, 34. to establish and alter grades of, 34. superintendence of, 58. use of, I)y whom regulated, 59. removal of buiklings through, 59. construction of vaults under, 59. use of, for building materials, 59. laying of gas and water pipes in, 59. power to lay out and widen, 34, C6. power to improve, C7. proceedings to open and widen, 67-7G. proceedings to improve, 07, 08, 70-78. cleaning of, expense, how paid, 84. ordinary repairs, expense, how paid, 84. improvements at intersections of, how paid for, 84. penalty for willful injury to, 84, 85. SUITS, by city, to recover penalties, how brought, 125. SUPERINTENDENT OF PUBLIC SCHOOLS, how appointed, 140, 141. salary of, 141. duties of, 141, 142. SUPERVISORS, election of, 178. SURETY, city officers not to be, on obligations made to citj-, 14. SURVEYORS OF LAND, power to license, 50. oath of, 50. bond of, 50, 57. license to bo recorded, 57. powers of, 57. revocation of license, 58. SWINE, power to restrain, 30. TALLOW, steaming and rendering of; power to prohibit, license and regulate, 29. TALLOW-CIIANDLIJR SHOPS, power to abate, 29. TANNERIES, power to abate, 29. power to license and regulate, 29. TAVERNS, power to license and regulate, 27. TAXATION, powers of, 50, 51, 84, 87-91. of foreign insurance companies, 89-91. property subject to, how appraised, 92, 93. tax lists when and how made, 93, 94. TAXES, power to levy, 87, 85. improvementa on school and canal lands and wharGng privileges §ubject to, 89. collection of, 92-105. 209 210 INDEX. TAXES. (Continued.) ■when and how levied, 94. w^irrants for, when and how issued, 94. lien of, on personal property, 96. lien of, on real estate, 96. damages for non-payment, 96, 97. application for judgment for, 97. proceedings thereon, 98, 99. form of judgment, 99. process of sale, 99. power to sell real estate for, 99, 100. notice of sale, 100. abbreyiations may be used in describing real estate, 100. sales for, when to be made, 104. sale for, how conducted, 100, 101. certificates of purchase, 100, 102. redemption fi'om sales, 101, 102, 105. deeds for, when and how issued, 102, 105. effect of tax deeds in evidence, 102-104. formal defects in proceedings not to invalidate levy, 98, 105, penalty for selling land on which taxes havo been paid, 47. See Taxation. TEAMS, power to compel owners to fasten, 30. THEATRES, power to license and regulate, 28. TOWN OFFICES, several abolished in North, South and West Chicago, 178. TREASURER, election of, 8. term of ofl5ce, 8, 9. . « bond of, 45. duties of, 43, 44. accounts of, subject to inspection, 44. warrants on, how drawn, 41, 44, 64, 119, 137, 151, to keep separate accounts with each fund and appropriation, 44. duties of, in relation to custody of city funds, 44, 48. not to use city moneys, 45. may be removed for misconduct, 45. to make annual reports, 45. to keep a register of all warrants paid, 46. to hold special assessment moneys as special funds, 45. power to appoint clerks, 48. embezzlement by, how punished, 48, 49. to hold moneys received for water works as a special fund, 163. to report monthly to board of public works amount of sewerage tax collected, 171. to hold sewerage moneys as a special fund, 172, 173. TREASURY DEPARTMENT, 38-54. ■* oflSces of,' 38, 39. clei-ks in, how appointed, 48. ofiBcers of, prohibited from using city funds, 48. all reports and accounts made by officers of, to be verified by oatli, 49. controversies between officers of, in adjustment of accounts, how determined, 48. TREES, in streets and public grounds, powers concerning, 34. INDEX. 211 UNWHOLESOME BUSINESS, power to restrain, 2y. UNAVIIOLESOME HOUSES AND PLACES, power to cleanKC and abate, 29. U NWHOLESOME SUBSTANCES, power to remove and destroy, G5. VACANCIES, to bo filled for unexpired term only, 12. iu office of mayor, how filled, 13. in office of alderman, how filled, 9. in boai-ds of police and public worky, how filled, 10. in other offices, how filled, 13. VAGIIANTS, power to restrain, 30, power to imprison, 35, who shall be deemed, 35, 36. VAULTS, under streets and sidewalks, power to regulate, 59. VEGETABLES, sale of, power to restrain, license und regulate, 29. VETO, when mayor may exercise, 30. VOTERS, qualifications of, 15. oath required from, when challenged, 15. exempted from arrest on civil process on election day, 16. penalty for illegal voting, 16. penalty for assaulting voters at the polls, 121. VOTING, how conducted, 14. illegal, punishable, 16. WARDS, boundaries of, defined, 4-6. to be divided into election tlistricts, S. how rejtrcsented iu common council, 9. WARRANTS, on treasurer, how ihawn, 41, 44, 64, 119, 137, 151. to bo cancelled when paid, 44. register of, to be kept by trea.surei-, 45. to be examined annually by finance committee, 45. for taxes and assessments, how issued, 94, 95. for taxes and assessments, how collected, 95-105. for water rents, 15S-161. WATER, waste of, power to prevent, 82. WATERJFUND, office expenses chaigeablo to, 58. to be used only for water works, 156, 163. power to invest surplus, 162. WATER RENTS, how assessed and collected, 157-161. WATER WORKS, 152-163. superintendence of, 63, 152. contracts for, to specify they are for stiid works, 64. moneys received for, to bo paid over to treasiu-er weekly, 63. contracts for, to bo paid from water fund, 61. contracts made by water commissioners, to be performed by board of public works, 63, 64. power to construct reservoirs and lay pipes, 153. public hyth-anta to bo provided, 153. power to purchase real estate, 153. 112 INDEX. WATER WORKS. {Continued.) power to construct buildings and macliinery, 153. power to purchase books and charts, 153. power to make surveys, 153. power to enter upon lands and agree on comi^ensation, 153, 154. power to condemn lands, 154. power to construct aqueducts and pumping works, 154. power to extend inlet pipes into the lake and erect piers, 155, power to issue bonds, 155, 156, 157. provisions concerning issue and sale of bonds, 156, 157. principal and interest to be paid by comptroller, 157. power to purchase outstanding bonds, 157, 162. water rents, how assessed and collected, 157-161. lien of assessments, 157, 158. record of assessments to be kept, 158. power to maks rules and regulations concerning use of water, 161. facts to be stated iu annual report, 162. board of public works to report amount rcquii-ed to be raised by tax, 162. power to levy taxes for, 88, 162. power to borrow money to pay interest on water-loan bonds, 163. accounts for said works to be kept separately, 163. moneys received for, to be used for no other i^m-pose, 163. penalty for willful injury to property of, 163. WEIGHERS, power to appoint, 7, 32. fees of, power to prescribe, 32. WEIGHTS AND MEASURES, power to require scaling of, 33. WELLS, public, power to regulate, 32. WHARFINa PRIVILEGES, ends of streets may be leased as, 27. improvements on, subject to taxation, 89. certain acts concerning, continued in force, 176, 177. ' WITNESSES, citizens declared competent, in city actions, 175. fees of, in police coiirt, 127. WHARVES, encumbering of, power to prevent, 30. superintendence of, 58. power to make, at ends of streets, 66. expense of making and repaii-ing, how paid, 84. WHISKY, inspection of, power to regulate, 32. WOOD, storing of, within fire limits, power to regulate, 31, 32. measuring of, power to regulate, 32. sale of, power to regulate, 32. WOODEN BUILDINGS, power to prohibit within fire limits, 130. permits for, within fire limits, GO. YARDS, power to regulate and fill up, 34. YEAS AND NAYS, to be taken on all orders to raise, borrow or appropriate money, 26. when required on orders for public improvements, 68. \