''^-^C^y' .. ^ fv 2' 3 ■ ■ '-^ k ^ i'l ■• » I Digitized by the Internet Archive in 2010 with funding from CARL!: Consortium of Academic and Research Libraries in Illinois http://www.archive.org/details/acttoincorporateOOchic 1 "■ ' i r ^ Alt. 4- •I. ■J U'>* AN ACT '/^^ TO INCORPORATE PASSED MARCH 4, 1837, Printed at the office of the Chicago iDEMOCRAt. 1837, ""^.V-^'f-j^^ AN ACT TO INCORPORATE go Sf.ct. 1. Be it enacted by the people of the State of Illinois represented in the General Assemhly , That the district of country in the county of Cook in the State aforesaid, known as the east half of the south east Whatlands known quarter of section thirty-three, in township forty,' and fractional section by the name of thirty-four in the same township, the east fourth part of sections six, th» city of ^"I'^a-geven, eighteen and nineteen, in the same township, also fractional sec- tion three, section four, section f?ve, section eight, section nine, and fractional section ten, excepting the south west fractional quarter of section ten, occupied as a military post, until the same shall become private pioperty, fractional section fifteen, section sixteen, cection seven- teen, section tv/enty, section twenty-one, and fractional section twenty- two, in township thirty nine north range number fourteen east of the third principal meridian, in the State aforesaid, shall hereafter be known by the name of the City of Chicago. Sect. 2. The inhabitants of said City, shall be a corporation by the name of the City of Chicago, and may sue and be sued, complain and defend in any court, make and use a common seal, and alter it at pleas- ure, and take, hold, purchase and convey such real and personal estate, as the purposes of the corporation may require. Sect. 3. The said Citj^ shall be divided into six wards, as follows: All that part of the city which lies south of Chicago river and east of the centre of Clark street, following the centre of Clark street to the south line of section sixteen, thence following the said south. line of section sixteen, to the centre of State street, and a line parallel with the centre of said street, to the southern boundary of said city, shall be denominated the first ward ot said city. All that part of said city which lies south of said Chicago river, west of the first ward, -and east of the south branch of said Chicago river, shall be denominated the second ward of said city: all that part of the said city, lying west of the aforesaid south branch of the Chicago river, and south of the centre of Randolph street, and by a line parallel with the centre of said Randolph street, to the v/estern boun- dary of said city, shall be denominated the third ward ; all that part of said city which lies north of the said third ward, and west of the said Chicago river, and the north and south branches thereof, shall be denom- ited the fourth ward of said city; all that part of said city which lies north of the Chicago river, and east of the north branch thereof^ and %vest of the centre of Clark street, to the centre of Chicago Avenue, and lying south of the centre of Chicago Avenue, to the centre of Franklin street, and lying west of Franklin street, and a line parallel witli the cen- tre thereof, to the northern boundary of said city, shall be denominated the fifth ward, all that part of said city lying north of the Chicago riv- iDRorporation. Divided into wards. First ward. Second ward. Third ward. Fourth ward. Fifth ward. Sixth ward. er. and east of the said fifth ward, shall be denominated the sixth ward of said city. M o AJd • Sec. 4. There shall be in and lor said city, ^except as herein afterwards Bie^n*&c/ ' " provided, one Mayor, twelve Aldermen, one Clerk, one Treasurer, six Assessors, one or more Collectors, and such other officers as are herein- after authorized to be appointed, which said Mayor, Aldermen and As- sessors, shall be free holders in the said city. Election. Sect. 5, An election shall be held in each of the wards of said city, on the first Tuesday in March in each year, after the year eighteen hundred and thirty seven, at such place as the common council of said city may appoint, and of which six days previous public notice shall be given in writing, in three public places in each ward by the inspectors thereof First election. Sect. 6. At the first election under this act, and at each annual elec- tion thereafter, there shall be elected two Aldermen and one Assessor from each ward, each of whom shall be an actual resident of the ward in which he was elected, Provided hoicever, That the aforesaid wards, denominated the third and fifth wards, shall be entitled to elect but one Alderman from each ward, until the annual election for the year anno domiai 1839. Inspectors of elec- Sect. 7. The common council shall appoint three inspectors of elec- ^'°^*' tions for each ward, who shall be inspectors of elections after the first. Such inspectors shall have the same power and athority as the inspectors of a general State election. And how held. Sect. 8. The manner of conducting and voting at the elections to be held under this act, and the keeping of the poll lists thereof, shall be the same as nearly as may be, as is provided by law, at the general State election, Provided, That the common council may hereafter if expedient, change the mode of election to that by ballot, and prescribe the manner of conducting the same. Who may rote. Sect. 9. Every person voting at such election, shall be an actual resi- dent of the ward in which he is to vote, shall be a house holder within the city, or shall have paid a city tax of not less than three dollars, within twelve months next preceding such election, and shall ha\re resided in said city at least six months next preceding such election, and shall more- over if required by any person qualified to vote thereat, before he is psr- mitted to vote, take the following oath: "You swear or affirm that you are of the age of twenty-one years, that you have been a resident of this city Oath. for six months immediately preceding this election, that you are a house holder therein, or, that you have paid a city tax of not less than three dol- lars within twelve months next preceeding this election, and that you are now a resident of this ward, and have not voted at this election." armted°°* *° "Sect. 10. The persons entitled to vote at any election held under thig act, shall not be arrested on civil process within said city on the day on I t f fi t ^^'^^"^h *^^^ election is held. election how ap- Sect. 11. The trustees of the town of Chicago for the time being, shall pointed. appoint the inspectors of the first election to be held under this act. Such election shall be held and conducted, and the votes thereat canvassed hj said inspectors, and the result determined in the mauner hereinbefore provided : the said trustees shall also appoint the time and place of hol- ding such first election, which time shall be some day after the passage of this act, and on or belore the first day of June next. How Tacancies Sect. 12. Vacancies in the offices of Mayor and Alderman occuring in any manner, may be filled at a special election called and appointed by the common council, and conducted in the same manner as an annual e- leclion; vacancies in all other offices shall be filled by appointment by , the common council : all appointments to fill a vacancy in an elective of- fice under this act, and all appointments of clerk. Treasurer, Attorney What officers to for the city, police constables, collectors, street commissioners and city he appointed. surveyors, shall be by warrant under the corporate seal, signed by the Mayor as presiding officer of the common council, and clerk. In case of a failure to elect Aldermen at an annual election, or if from any cause there shall be no Aldermen, the clerk shall appoint the time and places for holding a special election, and appoint inspectors : all officers appoin- ted or elected annually, and except to fill a vacancy, shall hold their res- pective ©ffices for one year, arad until others are chosen, and have taken the oath of office. Council to appoint Sect, 13. The common council shall appoint as many police consta- constables. ^,]gg ^^g jj^gy shall think proper, not exceeding one in each ward, who shall not have power to serve any civil process out of the limits of said city, except in cases of persons fleekig from said city, and to commit on exe- cution where the defendant shall have been arrested in the said city. Mayor how cho- Sect; 14. The Mayor for the said city, shall be chosen by the qualified sen. ' electors of the said city, at the same time and in the same manner as is prescribed for the choosing of Aldermen, whose term of service shall be Term of service, for one year, until his successor shall be chosen and qualified. At the time of voting for Aldermen, the electors cf said city shall also vote in their respective v.'ards, for some qualified person as Mayor of said city, which votes shall be canvassed and certified at the same time, and in the same manner as those given for Aldermen, and the person having the highest number of votes given in the several wards at such election shall be Mayor. Commoa coimcil. Sect. 15. The Mayor and Aldermen of the said city shall constitute the common council of said city. The common council shall meet at such times and places as they shall by resolution direct, or as the Mayor or in his absenca any two of the Aldermen, shall appoint. The Mayor when present, shall preside at all meetings of the common council, and shall have only a casting vote. In his absence, any one of the Aldermen, may be appointed to preside : a majority of the persons elected as Alder- men, shall constitute a quorum. No member of a common council shall, during the period for which he was elected, be appointed to, or be com- petent to hold any office of which the emoluments are paid from the city treasury, or paid by fees directed to be paid by any act or ordinance of the common council, or be directly or indirectly interested in any con- tract, the expenses or consideration whereof are to be paid under any or- dinance of the common council. But this section shall not be construed to prevent the Mayor from receiving his salar^if or any other fees permit- ted by this act. When to meet. Sect. 16. The comnion council shall meet annually, after the year 1837, on the second Tuesday in March, and in 1837, on the day following the election, and, by ballot, appoint a clerk, treasurer, city attorney, street commissioner, police constables, clerk of the market, one or more collectors, one or more city surveyors, one or more pound masters, por- ters, carriers, cartmen, packers, beadles, bellmen, sextons, common criers, scavengers, measurers, surveyors, weighers, sealer of weights and meas- ures, and gaugers. If for any cause the officers above named are not ap- pointed on the second Tuesday of March, on the day after the election in the year eighteen hundred and thirty-seven, the common council may adjourn from time to time until such appointments are made. Refusing to accept Sect. 17. If any inhabitant of said city, elected or appointed to any of-> ofBce. fice m pursuance of this act, shall refuse or neglect to accept such office, and take and subscribe the oath ofofhce prescribed by the constitution of' this state, for five days after personal notice in writing, from the clerk, of his election, he shall forfeit the sum often dollars. Officer to take Sect. 18. Every person chosen or appointed to an executive, judicial ****^' or administrative office, under this act, shall, before he enters on the du- ties of hia office, take and subscribe, before some Justice of the Peace, 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 clerk of the city. Sond»t«begiveB, Sect. 19. The treasurer, street commissioner, and collector or coUec- tors of said city, 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 shall approve ; condition- ed that they shall faithfully execute the duties of their offices, and account for, and pay over all moneys received by them respectively ; which bonds, with the approval of the common council certified thereon by tho clerk, shall be filed with the clerk of the city. Conjfable to give Sect, 20' Every person appointed to the office of constable, in said bond. city, shall, betore he enters upon the duties of his office, with two or more sureties, to be approved by tho common council, execute in pre- sence of the clerk of the city, an instrument in writing, by which such constable and sureties shall jointly and severally agree to pay to each and every person who may be entitled thereto all such sums of money as jj^^^ . J , the said constable may become liable to pay, by reason or on account of any summons, execution, distress warrant or other process which shall be delivered to him for collection. The clerk of the city shall certify the approval of the common council on such instrument, aad file the same; and a copy of such instrument, certified by the clerk under the corporate seal, shall be presumptive evidence in all courts, of the execution thereof by such constable and his sureties ; and all actions on any such instru- ment shall be prosecuted within two years after the expiration of the year for which the constable named therein shall have been elected or appointed, and may be brought in the name of the person or persons en- titled to the money collected by virtue of such instruments. Sect. 21. The treasurer shall receive all monies belonging to the uy o «a»u«r. ^jj^y^ ^^^ keep an accurate account of all receipts and expenditures, in such manner as the common council shall direct ; all monies shall be drawn from the treasury in pursuance of an order from the common council by warrant signed by the mayor or presiding officer of the com- mon council, and countersigned by the clerk: such warrant shall sj)eci- fy for what purpose the amount specified therein, is to be paid ; and the clerk shall keep an accurate account of all orders drawn on the treasu- ry, in a book to be provided for that purpose. The treasurer shall exhib- it to the common council, at least fifteen days before the annual election in each year, a full and detailed account of all receipts and expendi- tures, after the date of the last annual report, and also of the state of the treasury, which account shall be filed in the office of the clerk. Council to pubhsh Sect. 22. It shall be the duty of the common council, at least ten days a report of ex- before the annual election held under this act in each year, to cause to penditures, ect. j^g published in iwo or more of the public newspapers in said city, a full and correct statement of the receipts and expenditures by the said com- mon council, for the contingent expenses of the said city from the date of the last annual report, published in pursuance of this section to the date of said reports, and also a distinct statement of the whole amount of money assessed, received and expended in the respective wards for making and repairing roads, highways and bridges, in said city for the same period, togeth^er with such other information in their power to fur- nish, as may be necessary to a full understanding of the financial con- cerns of the said city. Clerk to keepscal Sect. 23. The clerk shall keep the corporate Seal, and all the papers and record. belonging to Said city, and make a record of the proceedings of the com- mon 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 records of the procct lings of the common council certified by him under the cor- porate Seal, shall be evidence in all courts in like manner as if the orig- inal were produced. Duty of street Sect. 24. It shall be the duty of the street commissioner to superin- conioaiisioBer. tend the making of all public improvements ordered by the common council, and to make contracts for the work and materials which may be necessary for the same, and shall be the executive officer to carry in- to effect the ordinances of the common council relative thereto, and shall keep accurate accounts of all monies expended by him in perlbrmaDce of any work, together with the cause of such expenditurea, and to ren- der such account to the common council, monthly. Sect. 25. That the city surveyor or surveyors, appointed by the said Duty of city lur-^^^^Qj^ j,Qyjj(,i|.^]^a^H j^ave the sole power, under the direction and ■'«?<>''* ■ control of the said common council, to survey within the limits of said city ; and he and they shall be governed by such rules and ordinances as the said common council shall direct, and receive such fees and emolu- ments for his or their services, as the common council shall appoint. Salary of mayor, Sect. 26. The mayor of said city, for the time being, shall be allow- etc. ed an annual salary of five hundred dollars, pavable out of the treasury, and the other officers of said corporation shall be paid out of the treas- ury such compensation for their services, when the rsame are not herein provided for, as the said common council may deem adequate and rea- sonable. Officer to deliTcr Sect. 27. If any person having been an officer in said city, shall not, to Buccessor pa- within ten days after notification and request, deliver lo his successor m pers.etc. office all the property, papers and effects of every description in his pos-« session belonging to' the said city, or appertaining to the office he held, he shall forfeit and pay for the use of the ciiy one hundred dollars, be- side!^ all damages caused by his neglect or refusal so to deliver. Sect. 28, The common council shall hold stated meetings, and the M f h mayor or any two aldermen, may call special meetings by notice to and hoTheid. ^°' 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. The common council shall have the management and control of the finances, and of all the properly real and personal, belonging to the corporation, and shall have power wiihin said city, to make and establish, publish, alter, modify, amend and repeal ordinan- ces, regulations, rules, and bye laws, for the following purposes : 1st. To prevent all obstructions in the waters which are public high- ways in said city. 2d. To prevent and punish forestalling and regrating, and to prevent and restrain every kind of fraudulent device and practice. 2d. To restrain and prohibit all descriptions of gaming and fraudulent devices in said city, and all playing of dice, cards and other games of chance with, or without betting, in any grocery, shop or store. 4th. To regulate the selling or giving away any ardent spirits, by any storekeeper, trader or grocer, to bo drunk in any shop, store or grocery, outhouse, yard, garden or other place within the city, except by innkeep- ers duly licensed. 5th. To forbid ihe selling or giving away of ardent spirits, or other in- toxicating liquors, to any child, apprentice, or servant, without the con.^ sent of his or her parent, guardian, master or mistress, or to any Indian. 6th. To regulate, license, or prohibit the exhibition of common shew- men, and of shows of every kind, or the exhibition of any natural or arti- ficial curiosities, caravans/circuses or theatrical performances. 7th. To prevent any riot or noise, disturbance, or disorderly assem- blage. 8th. To suppress and restrain disorderly houses and gioceries, houses of ill fame, billiard tables, nine or ten pin allies or tables, and ball allies, and to authorize the destruction and demolition of all instruments and devices used for the purpose of gaming. 9th. To compel the owner or occupant of any grocery, cellar, tallow- chandler's shop, Et>ap factory, tannery, stable, barn, privy, sewer, or oth- er 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, com- fort and convenience of the inhabitants of said city. 8 10. To direct the location and management of all slaughter houses, markets, and houses for storing powder. 11. To regulate the keeping and conveying ot gunpowder and other combustibles and dangerous materials, and the lise of candles and lights in barns and stables, 12. To prevent 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. 13. To prevent the encumbering the streets, side walks, lanes, alloys, public wharves and docks, with carriages, carts, sleighs, sleds, wheelbar- rows, boxes, lumber, limbers, tirewood, or any other substance or mate- rial whatsoever. 14. To regulate and determine the times and places of bathing and swimming in the canals, rivers, harbors and other waters, in and adjoin- ing said city. 15. To restrain and punish vagrants, mendicants, street beggars, and common prostitutes. 16. To restrain and regulate the running at large of cattle, horses, swine, sheep, goats and geese, and to authorize the distraining, impound- ing and sale of the same, for the penalty incurred and costs of proceed- ing. 17. To prevent the running at large of dogs, and to authorize the des- truction ot the same when at large, contrary to the ordinance. 18. To prevent any person from bringing, depositing, or having within the limits of said city, any dead carcass or any other unwholesome sub- stance, and to require the removal or destruction by any person who shall have upon or near his premises any such substance, or any putrid or un- sound beef, pork, or fish, hides or skins of any kind, and on his default, to authorize the removal or destruction thereof by some officer of said city. 16. To prevent the rolling of hoops, playing at ball or flying of kites or any other amusement or practice having a tendency to annoy persons passing in the streets and on the side walks in said city, or to frighten teams and horses within the same. 20. To compel all persons to keep the snow, and ice, and dirt from the side walks in front of the premises owned or occupied by Ihem. 21. To prevent the ringing oi bells, blowing of horns and bugles, cry- ing of goods and other things within the limits of said city. 22. To abate and remove nuisances. 23. To regulate and restrain runners for boats and stages. 24. To survey the boundaries of said city. 25. To regulate the burial of the dead. 26. To direct the returning and keeping of bills of mortality, and to impose penalties on physicians, sextons and others, for any default A the premises. 27. To regulate gagueing, the place and manner of selling and weigh- ing hay, of selling pickled and other fish, and of selling and measuring of wood, lime and coal, and to appoint suitable persons to superintend and conduct the same. 28. To appoint watchmen, and prescribe their duties and powers. 29. To regulate cartmen and cartage. 30. To regulate the police of said city. 31. To establish, make and regulate public pumps, wells, cisterns, and reservoirs, and to prevent the unnecessary waste of water. 32. To establish and regulate piiblic pounds. 33. To erect lamps and regulate the lighting thereof. 34. To reguhte and license ferries. The said common council shall have the power to prohibit the use of locomotive engines on any rail road within the inhabited parts of said city, and may require the cars to be used thereon within the inhabited poitions thereof, to be drawn or 9 — ^ luai - steam. The Co.^ may erect and establish a bridewell, or house of correction in txic „.., city, and may pass all necessary ordinances for the regulation thereof ; may appoint a keeper and as many assistants as may be necessary and shall prescribe their duties and compensation, and the securities to be given by them. In the said bridewell or house of correction, shall be confined all rogues, vagabonds, stragglers, idle or disorderly persons who may be committed thereto by the mayor or any alderman in said city ; and all persons sentenced by any criminal court in and for said cit}/, for any assault and battery, petit larceny, or other misdemeanor punishable by imprisonment in any county jail, shall be kept therein ia ihe same manner as prisonersof that description are required to be kept in the cotinty jails.— The common council may, by ordinances, require every merchant, retailer, trader and dealer in merchandize 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 ids inspection, and may impose penalties for any violation of any such ordinances ; the standard of which weights and measures shall be agreeable to those now established by law^ Sect. 29. The common council shall have power, from time to time, Council to pre- To prescribe the duties of all officers and persons appointed bv them to*^''® duties of j^e 1 u 4. 1 • 4. i iL • • • ^ 1 • 1 officers. any office or place whatsoever, subject to the provisions of this act, and may remove all such persons or officers at pleasure. Sect. 30. The common council may make, publish, ordain, amend ^"^'^" P®?^*^- and repeal, all such ordinances, bye-laws, and police regulations, not (contrary to the laws of ihis state, for the good government and order of said city, and the trade and commerce thereof, as may be necessary to carry into effect the powers given to said council by this act, and enforce observance of all rules, ordinances, bye-laws and police regulations made in pursuance of this act, by imposing penalties upon any person violating the same, not exceeding one hundred dollars for any offence, to be recovered with costs, in an action of debt before the Mayor or any Justice of the Peace of the said city, every siick ordinance or bye-law, imposing any penalty or forfeiture for a violation of its provisions, shall after the passage thereof, be published for three weeks successively, in the corporation newspaper printed and published in said.city ; and proof ot such publication by the affidavit of the printer or publisher of said newspaper, taken before any officer authorized to administer oaths, and filed with the clerk of the city, or any other competent proof of such publication, shall be conclusive evidence of the legal publication and ■ promulgation of such ordinance or bye-laws in all courts and places. Sect. 31. The common council at their annual meeting on the second At annual meet-- Tuesday in March, in each year, after eighteen hundred and thirty- ing to de»ignau seven, and at their first meetingr in that year, or within ten days there- '*^l^a*^pap"°'^^'°° after, shall designate one public newspaper printed in said city, in f^hed ^° e pu - which shall be published all ordinances and other proceedings and mat- mJU^ ters required in any rase by this act, or the bye-laws and ordinances of ^^ the common council, to be published in a public neAvspaper. Sect. 32. All actions brought to recover any penalty of forfeiture in- Actions, horr curred under this act, 01 the ordinances, bylaws or police regulations '^'^°"S'^*' made in pursuance of it, shall be brought in the corporate name ; and in any such action it shall be laM'ful to declare generally in debt for such penalty or forfeiture, stating the section of this act, or the bye-laws or ordinances under which the penalty is claimed, and to give the special matter in evidence under it. The first process in any such action shall be by warrant, and execution may be isued thereon immediately on the rendition of judgment. If the defendant in any such action have nb goods or chattels, lands or tenements, whereof thejuagmeui oan he col- lected, the execution shall require the defendant to be imprisoned^ lu close custody in the jail of Cook county tor a term not exceeding thirty 10 days. All expenses incurred in prosecuting for the recovery of any penalty or forfaitures when collected shall be paid to the treasurer for the use of the city. Who competsnt Sect. 33. No person shall be an incompetent judge, justice, witness rj*;?,t!f~' ^"^ ^* oriuror, by reason of his beine an inhabitant or free holder in the city or jurors* J t J ^ ^ ■.. . i*"L^'i_ *T"<» of Chicago, jn any action or proceeding in wnicn the said city is a par- ty in interest. Coancii may cor- Sect. 34. The common council of said city shall have power to re- rcct asseisment* ^^-^^^ ^j^gj. ^^^ correct the several assessment rolls of the different as- an xra e. gessors of Said city and to prescribe the rate of assessment, the form of the assessment roll, and to make such rules in relation thereto as they may deem expedient and proper. May tax property. Sect. 35. The common council shall have power in each year to raise a sufficient sum by tax upon real or personal estate in said city, not ex- ceeding the one half of one per centum upon the assessed value there- of, to defray the expenses of lighting the streets, supporting a night watch, and making and repairing streets, roads, highways and bridges ProTjio. ^^ ttie said city and to defray the co,ntingent and other expenses of said city; Provided, that the said common council shall in no case levy a tax upon lots or land owned by the State, nor any tax for making and re- pairing streets, roads and highways, contrary to the subsequent provis- ions of this act. Sect. 36. The said common council are hereby authorized to require Labor of oitizenj every male resident of the city over the age of twenty one years, to la- «n street*. -^^^ ^^ least three days in each and every year upon the streets and alleys of said city, at such time and in such manner as the street commissioner shall direct, but any person may at his option pay at the rate of one dol- lar for every day ho shall be so bound to labor, and such labor or pay- ment Jihall be in lieu of all labor required to be performed upon any roads, streets or alleys by any law of this State; and in default of the payment of such money, or ihe performance of such labor, the said com- mon council may '^ue for and collect sueh money before the mayor or any justice of the peace," Sect. 37, The said common council shall have the exclusive power to Excluiive power regulate, repaid, amend and clear the streets and alleys of said city; regarVtTTtreeu bridges, side and cross walks, and of opening said streets, and putting and alley*. drains. and sewers therein, and to prevent the encumbering of the same in any manner, and to protect the same from encroachments and inju- ry; they shall also have power to direct and regulate the planting and preserving of ornamental trees, in the streets of said city. Sect. 38. The common council shall have power to lay out, make and assess streets, alleys, lanes and highways in said city, and make wharves and slips at the end of streets, on property belonging to said city, and to alter, widen, contract, straighten and discontinue the same, but no build- ing exceeding the value of one thousand five hundred dollars shall be ' removed, in whole or in part, without the consent ot the owner. They shall cause all streets, alleys, lanes or highways, laid out by them to be surveyed, described and recorded in a book to be kept by the clerk, and the same when opened and made shall be public highways. Whenev- er any street, alley, lane, highway, whaif or slip is laid out, altered, widened or straightened by virtue of this section, the common council shall give notice of their intention to appropriate and take the land ne- cessary for the same to the owner or owners ihei-eof by publishing said notice for fourteen days in the corporation newspaper printed in said city, and after the expiration of the paid fourteen days the common coun- cil shall give notice to the said owner or owners by publishing the same for thirty day"> in the coporation newspaper, that such owner or owners rnay niea notice with the clerk of the city of a claim for damages, on Dair.as*., accountof appropriating the land of such owner or owners for the uses specified in this section ; and if such owner cMywners shall within said thirty days file or cause to be filed such notrfe of a claim for dama- 11 ges as albresaid, with the clerk of the city, the common council shall How isttiuAuti. choose by ballot five discreet and dii^interested freeholders, residing in *aid city, as commissioners to ascertain and assess the damages and rec- ompense due the owner or owners of such land, and at the same lime to determine what persons will be benefited by such irpprovement, and to assess the damages and expf:nse thereof, on the real estate of the per- sons benefited, in proportion, as nearly as may be, to the benefits result- ing to each. A majority of all the aldermen authorized by law to be elected, shall be necessary to constitute a choice of such commission- ers. The commissioners shall be sworn by the mayor or any justice of the peace in said city, faithfully and impartially to execute their duty in making such assessment, according to the best of their ability. The commissioners shall v^iew the premises, and in their discretion receive any legal evidence, and may if necessary adjourn from day to day. — The commissioners shall before they enter upon the duties assigned them by this section, give notice to the persons interested of the lime and place of the meeting of the said commissioners for the purpose of view- ing the premises and of making such assessment, at least five days be- fore the time of such meeting, by publishing-such notice in the corpo- ration newspaper printed in said city. The said commissioners shall de- termine and award to the owner and o'vners of said land such damages as they shall judge such owner or owners to sustain in consequence of fuch street lane, alley, highway, wharf oi slip having been laid out, al- tered, widened or straightened, after taking into consideration and mak- ing due allowance for any benefit which said o\vaer or owners may de- rive from such improvement. The said commissioners shall al the same time assess and apportion the said damages and expenses of said im- provement on the real estate benefitted thereby, as nearly as may be, in proportion to the benefit resulting therefrom, and shall describe" the re- al estate upon which any such assessment is made. If there be any building on an}'' land taken for such improvement, the owner thereof shall have ten days, or such time as the common council may allow af- ter the final assessment of the commissioners is returned to and con- firmed by the common council, to remove the same, and in case such ovrner removes such building, the value thereof to the owner to remove shall be deducted from the amount of the damages awarded to the own- . er thereof, and such value shall be at the time of the assessment deter- mined by the commissioners. The determination and assessment of the commissioners shall be returned in writing, signed by all the commis- sioners to the common council, within thirty days after their appoint- ment of said r.ommon council as aforesaid ; the common council may, if sufficient objections are made to the appointments of any of said commissioners, or if any such commissioners shall be unable to ser/e, by sickness or any other cause, appoint other commissioners to serve in their places, in the manner as herein provided. And the said common council, after the determination "and assessment of the commissioners as aforesaid is returned to them, shall give two weeks notice in the cor- poration newspaper, printed in said city, that such determination and assessment of the commissioners will, on a day. to be specified in said notice, be confirmed by the common council, unless objections to such determination and assessment aforesaid, are made by some person in- terested ; all objections to such determination and assessment as afore- said, shall be briefly stated in writing and filed with the clerk ; if no ob- jections are made as aforesaid, the said determination and assessment shall be confirmed by the common council. If the objections are made as aforesaid, any person interested may be heard before the common council, touching the said determination and assessment of tKo com- missioners on the day specified in the aforesaid notice, or on such oth- er day or days as the common council shall for that purpose appoint; and the said common council in consideration of the objections made, 12 shall have power in their discretion to confirm such determination and assessment of the commissioners, or to annul the same', and refer the same subject matter back to the same commissioners, or appoint five ' other commissioners for the purpose and in the manner herein provided; and the said commissioners shall make the second determination and assessment, and return the same to the common council in like man- ner, and give like notices, as they are herein required in relation to the first determination and assessment, and returns thereof, and the parties in interest shall have the like notices and rights, andtJie common coun- cil shall perform like duties, and have like powers in relation to the- second determination and assessment of said commissioners as are herein given and required in relation to the first determination and as- sessment of said commissioners, and in case the common co'ancil shall confirm the second determination and assessment of said commission- ers, the same shall be final and conclusive on all persons interested. But in case the common council shall annul the same, then all the pro- ceedings in relation to laying out, altering, v/idening or straightening such street, alley, lane, highway, v/harf or slip shall be null and void. But nothing herein contained shall authorize the said common coun- cil to discontinue or contract any street or highway or any pan thereof, ■except for (he purpose of widening and improving the rivers and rnak- ing basins and slips within said city, without the consent in writing of all persons owning land adjoining such street or highway. That in all cases where the whole of any lot or parcel of land or other premises under lease or other contract shall be taken for any of the purposes a- foresaid by virtue of this act, all the covenants, contracts and engage- ments between landlord and tenant, or any other contracting parties, touching the same or any part thereof, shall upon confirmation of such report in the premises as shall be confirmed by the common council aforesaid, respectively cease and determine and be absolutely discharg- ed ; and in all cases where part only of any lot or parcel of land or other premises sounder lease or other contract, shall be so taken for any of the purposes aforesaid, ail contracts and engagements respecting the same, shall upon the confirmation of such report in the premises as shall be so confirmed as aforesaid, shall cease, determine and be abso- lutely discharged, as to the part thereof so taken, but shall remain valid and obligatory as to the residue thereof, and the rents, considerations and payments reserved; payable and to be paid for, or in respect to the same shall be so apportioned as that the part thereof, justly and equita- bly payable, or that ought to be j)aid for such said residue thereof, and no more shall be demanded or paid or recoverable for or in any respect of the same. No power is given by virtue of this act to alter, change, lay out in lots or lease that part of the town of Chicago originally laid cut by the commissioners of the Illinois and Michigan canal on section nine, in township thirty seven north, range fourteen, east of the third principal meridian, as lies between the river and north and south wa- ter streets, or is comprised within said r^treets, Aad how collect- Sect. 39. All taxes and assessments imposed, voted and assessed by ,d. the said common council, shall be collected by the coUector of the said city, in the same manner and with the same power and authority as taxes in and for any county of the State are collected, by virtue of a warrant or warrants under the corporate seal, signed by the Mayor or presiding officer, or by suit in the corporate name with interest and costs, and the assessment roll of the said common council shall in all cases be evidence on the part of the corporation, and taxes or assess- ments, imposed or assessed on, or in respect of any real estate, within the odid city, shall be a lien, on filing the roll with the cle^k of the city on such real estate, and in case such taxes or assessraen:3 are not paid, the common council may cause such real esta'.e to be sold for the pay- ment and collection of such taxes and assessjnents as aforesaid, togetk- 13 er with the expenses of the sale, in the manner and with the effeot, and subject to theprovisions specified in the forty-liist section of the act, rel- ative to the sales of real estates, for the nou payment of assessments or laxes : all taxes and sums of money raised and collected by virtue of this section, shall be paid to the treasurer of me city. In all cases where theie is no agreement to the contrary, the owner or landlord and not the occupant or tenant, shall be deemed in the person who ought to bear and pay every assessment made for the expenses of any public improve- ineni in the said city, where any such assessment shall be made Ui;on or paid by any person,'when by agreement or by law, the 5ame 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, in action for the rnone)'- so paid, laid out and ex- pended for the benefit ol such defendant ; nothing herein contained sliall impair, or in any way efiect, any agreement beiween any landlord and tenant, or other persons respecting the payment of such assessments. Sect. 40. The common council shall have power to cause any street, gr^^^e"^ strS'Jwid alley, lane or highway in said city, to be graded, levelled, paved, repair- f[ig,-3, ed, macadamized or gravelled, to cause cross and side walks, drains, sewers and aqueducts to be constructed and made in the said city, and to cause any side walks, or drains, sewers and aqueducts to be relald, amend- ed and repaired, and to cause the expenses of all improvements (except sidewalks,) mr^de and directed under this section, to be assessed upon the real estate in any ward in said city, deemed benefi.tted by such im- provements, in proportion to the benefits resulting thereto, as nearly as may be, which assessment shall not exceed tw'o per centum per annum on the property assessed. The common council shall determins the. amount to be assessed for all improvements to be made or directed un- der this section, except side walks, and shall appoint by a majority of al! the aldermen authorized by law to be elected five reputable freeholders of said city, by ballot, to make such assessment. The assessors shall be be sworn before the mayor or any justice of the peace in said city, faith- fully and impartially to execute their duty as suoh assessors according to the best of tlieir ability, and before entering upon the duties assigned them by this section, the assessors shall give notice to all persons interest- ed, of the time and place of meeting of said assessors, at least four days before the time of such meeting, by publishing such notice in the corpo- ration newspaper printed in said city, and they may if necssary, adjourn from day to da3^ The said assessors shall assess the amount directed by the common council to be assessed, for any such improvement on the real estate deemed by them tc be benefitted thereby, in proportion to the benefit resulting thereto as nearly as may be, and the said assessors shall briefly describe in the assessment roll to be made by them, the real estate on, or respect to which any assessment is made under this section; wlien the assessment is completed, they shall give like notice, and also publish the same in the corporation nevv.spaper, and have the same power to make corrections as in case of the assessment of taxes. They shall deliver a corrected copy of the assessment roll signed by all the asssessors, to the clerk of the city, within sixty days after their ajjpointment as aforesaid, and any person interested im-j appeal to the common coancil for the cor- rection of the assessment : such appeal shall be in writing, and shall be delivered to the clerk or presiding officer of the common council, within ten days after the corrected copy of the assessment roll is filed with the clerk. In case of appeal, the common council shall appoint a time within ten days thereafter, for the hearing of those who r,re interested, and shall cause a notice to bo published in the corporation newspaper, def igna- ting the time and place and object of hearing, and they may adjourn said hearing from tiir.c to time, as may be necessary, and the common council shall in case of appeal as aforesaid, have power in their dir^re^ tion to confirm their assessment, or to annul the same and direct a new 14 assessment lo be ma.de in the manner herein betbre directed by the same asseesors or by five other, assessors to be appointed as aforesaid, by the common council and sworn as aforesaid, which shall be final and con- clusive on all parties interested in case the common council shall con- firm the same. But in case the common council shall set aside the last aforesaid assessment all the proceedings in relation to the grading, levelling, paving, repairing, macadamizing or gra'^^elling such street, alley, lane or highway in said city, shall be null and void. If the first assess- ment to be made and confirmed under this or the preceding sections proves insuflicient, the common council may cause another to be made in the same manner, or if too large an amount shall at any time be raised, the excess shall be refunded rateably to those by whom it was paid. The said assessors may, if in their opinion any owner or owners oi land situ- ated on such street, alley, lane or highway, as shall be gravelled or level- led, will sustain dama2.es over aad above the benefit which may accrue to the owner or owners of such land by such improvement, assess such an amount as they may deem a reasonable recomponce to such owner or ovv'ners thereof, upon the real estate in said city, deemed by them to be benefitted by such improvement, in proportion to the benefit reBultlng thereto, as nearly as may be, and the said assessors shall add such amount to the assessment roil, which the}' are herein required to make and certi- fy the said amount to the common council, at the time of filing said roll with tlie clerk as aforesaid. If any vacancy shall happen in the oifico of assessor for any of the causes mentioned in the thirty-eighth section of this act, the same shall be filled by tha common council in the manner therein provided. Sect. 41. All assessments for improvements authorized by this act, shall be made upon the real estate and be paid to or collected, by the collector, except as herein otherwise directed. A corrected copy of the assessment roll, shall in all cases be filed in the office of the clerk of the city, find the assessment shall be a lien upon the premises assessed for one year only after the final corrected copy of the assessment roll shall have been filed as aforesaid. In case of iion payment, the premises may be sold at any time within the year from the time of the filing of the said assessment roll. Before any such sale, an order shall be made by the common council, which shall be entered at large in the records of the city kept by the clerk, directing the attorney of the city to sell, and particularly describing the premises to be sold and the assessment for which the sale is to be made, a copy of which order shall be delivered to the said attorney. The said attorney shall then advertise the premises to be sold m the manner and for the time required in the case of sales of real estate for taxes, and the sale shall be conducted in the same manner. The proceeding.s may be stopped at any time before the sale by any per- son paying to said attorney the amount of the assessment, interest and the expenses of advertising. AH sales in such cases shall be made for the smallest portion of ground for which any person will pa)?- the assessment, interest and expenses of advertising : certificates of the sale shall be made and subscribed by the said attorney, one of which shall be filed by him within ten days after the day of sale m the office of the clerk of the city, and one in the office of the recorder of Cook county, and shall con- tain a description of the property, and the price for which it was sold, and state the amount of the assessment, interest, and expenses for which the sale was made, and the time at which tiie right to redeem will ex- pire. If the proceedings are stopped before a sale is made, the attorney may include one dojlar and no more in the expenses for his fees. If the premises are sold, the attorney may include two dollars in the amount of expenses for his fees, and no more. The right of redemption in all cases of such safes in the same manner and to the same extent, shall exist to the owner and his creditors as is allov;edby law in the cases of sales of real estate for taxes. The money in case of redemption may bo paid to the 15 purchaser or for him to the clerk of the city. In case of no redemption, or of redemption by the creditor or creditors, the common council shall make to the purchaser or his legal representors, or the person entitled thereto, a deed with a special warranty, signed by the mayor of said city, and countersigned by the clerk of said city, containing a description of the sard premises sold for taxes or assessments as aforesaid. Sect. 42. Any person interested, may appeal from any order of the Appeal anowed. common council for laying out, opening, making, altering, or widening any street, alley, lane, highway, to the circuit court of the county ot Cook, or to the municipal courts of said city, by notice in writing, deliver- ed to the mayor or clerk of the city, at any time before the expiration of twenty days after the passage of the ordinance therefrom by the com- mon council. The only ground of appeal shall be the want of conform- ity in the proceedings to this act. The propriety or utility of the streets, al'leye, lanes, highways or other improvements, or the correctness of the assessments of damage if made in conformity to this act, shall not con- stitute a ground of appeal. In case of appeal, the common council shall make a return within twenty days after notice thereof; and the said cir- cuit or municipal court shall, at the next term after the return which shall be filed in the office of the clerk of said court, proceed to hear and deter- mine the appeal and shall confirm or annul the proceedings of the com- mon council. Sect. 43. The land required to he taken for the making, opening or Damages to be widening of any street, alley, lane highway, in said city, shall not be so pa^d ^before lands taken and appropriated by the common council, until the damages assess- '■^^^^^ ed and awarded therefor to any owner therefor under this act, shall be paid or tendered to ;;uch owner or his agent or legal representative, or in case the said ov/ner, or his agent or legal representative cannot be found in said city, shall bo deposited, to his or their credit, or for his or their use, in some safe place of depcsit, other than the hands of the treasurer of said city; and then, and in such cases, and notbefore, such lands may be taken and appropriated by the common council, for the purposes re- quired in making such improvements, and such streets allej'^s, lanes, high- ways, wharves or slips, may be made and opened. Sect. 44. Where any known owner residing in said city or elsewhere, j^J^^J^,^^^*^^^ shall be an infant, and proceeding shall be had under sections thirty eight and forty of this act, the circuit court of the county of Cook, the Judge thereof, the municipal court of said city, or any such judge of the su-^ preme court or judge of probate for said county, may upon the applica- tion of the common council or such infant, or his next friend appoint a guardian for such infant, taking security from such guardian for the faithful execution of such trust, and all notices and summons required by cither of said sections shall be served on such guardian. Sect. 45. All owners or occupants, in front of whose premises the Side walk*, common council shall direct side walks to be constructed or repaired, such side walks at their own cost and chargeti, but if not done in the manner, and of the materials and within the time prescribed by the com- mon council, the said council may cause them to be conotructed, and as- sess the expense thereof upon such lots respectively, and collect the same in the manner directed by the thirty eighth. and fortieth and forty first sections of this act, and such assessments shall be a lien upon such lot in like manner as assessments undjr the said thirty eighth, fortieth, and forfy first sections. Sect. 46. The common council shall have power to order the grading, Power* of countii paving, gravelling, raising, closing, fencing, amending, cleansing and i"^ regard to protecting any public square or area novv, or hereafter laid out in said*^"^*^** city, and to improve the same by the construction of walks and the rear- ing and protecting of ornamental trees therein, and to cause such part of the expenses tliaTeof as they shall deem just, to be assessed and collected in the manner prescribed hi the thirty eighth, fortieth, and forty first iccLi-^iio 01 iliis act, for assessing and collecting the expenses ot liu^,.^, «-, ments mentioned i.n those sections, and to cause the sale of any real es- tate on which such expenses are assessed, to be sold as provided in said thirty-eighth, fortieth, and forty first sections. But nothing herein shall empower the said common council to divest or obstruct the interest of any individual in, or to any such square or area. Power to regulate Sect. 47. The common council shall ha^^e power to egtablisli and reg- aaarket ulate a market or markets in said city, and to restrain and regulate the sale of fresh meats and vegetables in said city, to restrain and punish the forestalling of poultry , fruits and eggs, and to license under the hand and seal of the mayor annually, such and so many butchers as they shall deem necessary and proper, and to revoke such license for any infraction of the bye-laws and ordinances of the common council, or other mal- conduct of such butchers in the course of their trade. Poirertoprejcribe Sect. 48. The common coimcil for the purpose of guarding ag?ainst the hmiuof ^hacity. ^^i^^-^lgg ^^ ^^.^^ shall have power to prescribe the limits in said city, within which wooden buildings shall not be erected or placed without the permission of the said common council, and to direct that all or any buildings within the limits prescribed, shall be made or constructed of stone or brick with partition walls, lire proof loofs, and brick or stone cornices and eave troughs, under such penalties as may be prescribed by the common couu^il, not exceeding one hundred dollars for any one of- fence, and ihe further sum of iv/enty-five dollars for each and every week any building so prohibited shall be continued. Power to regnlate Sect. 49. The common council shall have power to regiilaie the con- construction of gtruction of chimneys so as to admit chimney sweeps, and to compel the t jmneys, sweeping and cleaning of chimneys, and to prevent chimney sweeps' from sweeping unless licensed as they shall direct, to prevent the dan- gerous construction and condition oi' chimneys, fire places, hearths, stoves, stove pipes, ovens, boilers, and apparatus used in any building or manufactory, and to cause the same to be removed or placed in a safe and secure condition when considered dangerous, to prevent the deposite of ashes in unsafe places, and to appoint one or more officers to enter into all buildings and enclosures to discover whether the same are in a dangerous state, and to cause such as may be dangerous to be put in safe condition, to require the inhabitants of said city to provide so many fire buckets, and in such manner and time as they shall prescribe, and to reg- 'ilate the use of thern in times of fire, and to regulate and prevent the « carrying on of manufactories dangerous in causing or promoting fire, and to prevent the use of fire works and fire arms in said city, or any part thereof, to compel the owners and occupants of houses and other build- ings, to have scuttles in the roofs and stairs and ladders leading to the same; to authorize the mayor, aldermen, fire wardens or other officers of said city, to keep away from the vicinity of any fire, all idle and sus- picious persons and to compel all officers of said city, and other persons to aid in the extinguishment of fires, and in the preservation of property exposed to danger thereat; and generally to establish such regulations for the prevention and extinguishment of fires, as the common council may deem expedient. Sect. 50. The common council shall procure fire engines and other ap- paratus used for ihe extinguishment of fires, 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 to or- ganize fire, hook, hose, bag, ladder and axe companies ; to appoint during their pleasure a competent number of able and reputable inhabitants of said city, firemen, to take the care and management ot the engines, and other apparatus and implements used and provided for the extinguishment of fires, to prescribe theduiies of firemen, and to make rules and regula- tions for their government, and to impose such reasonable fines and for- feitures upon such firemen for a violation of the same, as the council 17 may deem proper, and fof incapacity, neglect of duty, or misconduct, to remove them and appoint others in their places. And the qualified elect- ors of said city may, at the annual election to be held for said city^ choose a chief engineer and two assistant engineers of the fire department, whose term of office shall be for one year, who with the other firemen, shall take the care and management of the engines and other apparatus and implements used and provided for the extinguishment of fires, and whose du'ies and powers shall be defined by the common council, Provi' ded,koivever, That if the said qualified electors, shall for any reason fail to elect a chief engineer and two assistant engineers or either of them as aforesaid, or if any of the offices shall become vacant in any way, then such vacancy may be filled by the common council in the same manner as other officers are appointed by them. Set. 51. The members of the common council shall be fire wardens, No of wardem. and shall have power to appoint such other fire wardens as they may deem necessary. Set. 52. The members of the common council, hook and laddermen, officen' exemo- axe-men, and firemen appointed by virtue of this act, shall, during their tion- term of service as such, be ejerapt from serving on Juries in all courts, and in the militia except in the case of war, insurrection or invasion. The name of each person appointed firemen, hook, and ladder men, or axemen, shall be registered with the clerk of the city, and the evidence to entitle him to the exemption as provided in this section, shall be the certificate of the clerk, made within the year in which the exemption is claimed. Sect. 53. The present firemen of the town of Chicago shall be ^^Q- ■presiaiQtewn. men of the city of Chicago, subject to be removed by the common coun- cil in like manner as other firemen of said city. Sect. 54. Every fireman, hook and ladderman, or axeman who shall Further esamp* have faithfully served as such in said city or town of Chicago, or both, tions. for the term of ten years, shall be thereafter exempt from serving on juries in^all courts, or in the militia, except in case of war, invasion or insur- rection; and the evidence to entitle such person to the exemption as pro- vided in this section, shall be a certificate under the corporate seal signed by the mayor and clerk. Sect. 65. The common council may authorize the mayor or any other ^°'"'" *° &''® •'**" proper officer of the corporation to grant license to tavern-keepers, gro-^^^pg^ j^c."^™ cers and keepers of ordinaries or victualling houses, to sell wines and other liquors whether ardent, vinous or fermented, m the manner pre- scribed by the laws of this State ; and also to license billiard tables, hack- men, draymen, carters, porters, omnibus drivers and auctioneers, and to adopt rules and regulations for their government, and to impose duties upon the sale of goods at auctiop, and may moreover direct the manner of issuing, countersigning and registering of such licences, and may de- termine upon the fees to be paid for such licenses ; not less than five nor more than fifty dollars to be paid to the city treasurer, and the sum to be paid to the mayor or other officer foi granting such license shall not ex- ceed one dollar : bond shall be taken on the granting of such license, for the due observance ot the regulations of the common council in respect thereto. They shall be filed, and maybe prosecuted, and the monjy col- lected shall be applied in such manner as the common council shall di- rect, Skct. 56. The common council shall have power to pass such ordinan- Power to pass or- ces as they shall deem proper for regulating or restraining tavern keepers, dinances. grocers, keepers of ordinaries or victualling houses, hackmen, draymen, carters, potters, omnibus drivers and auctioneers. Sect. 57. The said comraon council shall be and are hereby authorized Power to appoint to appoint annually, three commissioners as a board of health for said ^^^'"^ °^ ^^*^*^' city, and the mayor of said city or presiding officer of the common coun- cil shall be president ot said board; and the clerk of said city shall be 18 clerk of said board, and shall keep minutes of the proceedings thereof. The said common council shall at their pleasure appoint a health officer annually, and as often as the otfice may become vacant ; and may re- move him at pleasure ; whose duty it shall be to visit every sick person who may be reported to the board of health as hereinafter provided, and to report with all convenient speed his opinion of the sickness of such person to the clerk of the said board of health; and it shall be the duty of the said ofhcer to visit and inspect at the request of the president of said board, all boats and vessels running to or being at the wharves, land- ing places or shores in said city, which are suspected of having on board any pestilential or infections disease, and all stores or buildings which are suspected to contain unsound provisions or damaged hides or other arti- cles, and to make report of the state of the same with all convenient speed to the clerk of the board of health. Sect. 58. In case any boater vessel shall be at [or] near any of the Power of board of wharves, shores or landing places in said city and the said board of health k»^lt^- shall believe that such boat or vessel is dangerous to the inhabitants of said city in consequence of their bringing and spreading any pestilential or infectious disease among said inhabitants, or have just cause to suspect or believe that said boat or vessel is suffered to remain at or near the said wharves, shores or landing places, it will be the cause of spreading among the said mhabitints any pestilential or infectious disease, that it shall and may be lawful for the said board by an ordorin writing signed by the president for the time being to order such boat or vessel to any distance from said wharves, shores or landing places, not exceeding three miles beyond the bounds of said city within six hours after the delivery of such order to the owner or consignee of said boat or vessels, and if the master, owner, or coualgnee to Vv^hom such order shall be delivered shall neglect or refuse to comply therewith, the said president may enforce such remo- val, 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 three months, in the jail of the county of Cook, by any court having cognizance thereof ; the said fine when paid to be applied by the said board to the support of the treasury of the city of Chicago. Sect. 59. Every person practising physic in the said city who shall Duty of physi- ^^^e a patient laboring under any malignant or yellow lever or other in- eianj. fectious or pestilential disease, shall forthwith make report thereof in writing to the clerk of said board of health, and for neglecting bo to do shall be considered guilty of a misdemeanor and liable to a fine of fifty dollars to be sued for and recovered in an action of debt in any court hav- ing cognizance thereof, with cost, for the use of the treasury of said city. Sect. 60. All persons in said city not being residents thereof, who ?ower of board of "^^^^^ ^^ infected with any infectious or pestilential disease and all things health, within said city 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 the said board of health be removed to some proper place not exceeding three miles beyond the bounds of said city, to be provided by the said board at tho expense of the said city, and the said board may order any furniture or wearing ap- parrel to be destroyed v/hencver they may judge it to be necessary for th« healtn of the city ; and the said common council shall have power to erect one or more hospitals within the said city, and to control and regulate the pame. Sect. 61. All the estate real and personal, vested in or belonging to What «»tatt TM- **' ^®^d ^^ ^rust by the trustees oi the town of Chicago, at the time this Ud in city. act shall take effect as a law, shall be and is hereby declared to be vested in the city of Chicago, and the said common council shall be bound and holden in the same maaner, to all persons T/horasoever, for all causes 19 whatsoever as the tiuslees of the town of Chicago we; ; bound and hol- den under and by virtue of any law of this State. Sect. 62. The said common council are hereby authorized and em.- Power of couacil powered to borrow upon the faith and pledge of the city of Chicago, *" borr«w money, such necessary sum or sums of money, for any term of time, and at such rate of interest, and payable at sucli place as they may deem expedient, not exceeding one hundred thousand dollars for any one year, and to issue bonds or scrip therefor under the seal of the said corporation, signed by the mayor and countersigned by the clerk, such sum or sums so bor- rowed, to be expended and applied in the liquioation oi the debts of the said city of Chicago, and in the permanent and useful improvements of the said city, and to pledge the revenues accruing to the said city for the re-payment of the said sum or sums so borrowed with the interest upon the same. Sect. 63. The said common council shall in ail improvements strictly Money how ex- local in their character, sucli as improving streets, making drains and P®^*^**"*' sewers, expend annually in each ward such proportion of the public mon- ies as shall correspond with the amount of the assessed value of the prop- erty in each ward, as exhibited in the last assessment roil. Sect. 64, The mayor of the said city for the time bemg, shall have Power of mayor power to administer any oath required to be taken by any person undergo administer this act. ' °^^^'; Sect. 65. Any person who shall hereafter be elected to the office of Resignationi. mayor or alderman in said city, may itjiider his resignation of such oflB.ee to the common council of said city. Sect. 66. The common council of the said c''",' shall determine the I'o^^^r of council, rules of its own proceedings, and b3 the judge of ti.? elections and qual- i6c:(tions of its own members, and have power to compel the attendance ot absent members. Sect. 67. The said common council are hereby authorized to levy an To levy tax. annual tax upon the owner of every dog kept or owned in said city by such person, not e.vceeding five dollars for every dog ss owned or kept by such person. Sect. G8. That the mayor of the said city of Chicago, shall have the Jurisdiction of same jurisdiction within the limits of the said city, and shall be entitled °'^y°'^*' to the same fees and emoluments which are given by the laws of this State to the justices of the peace, upon his conforming to the require- ments, restrictions and directions of the laws of tiiis state regulating the office of justice of the peace. Sect. 69. That there shall be established in said city of Chicago, a Municipal court, municipal court which phall have jurisdiction concurrent with the circuit Established juris- court3 of this Scale in all maLiersi civil and criminal, arising within the diction, limits of said city, and in all casea where either plaintiff and defendant or defendants, shall reside at the time of commencing suit, within saidcity, which court shall be held within the limits of said city in a building provided by the corporation* Sect. 70. Said courts shall be held by one judge, who shaU be appoint- judge how ap- ed by joint ballot of both branches of the general assembly and commis- pointed, sioned by the governor, and shall hold his ofiiee duringgood behaviour, Term of serrioe. and sholl during his continuance in office, reside within the limits of said city, and shall receive a salary of one thousand dollars annually, payable quarter yearly by the common council of said city, which sal- *^^*'T'* ary shall not be diminished but may be increased by said common coun- cil. ProvidedydlwaijS^ That the said judge may and shall be removed ^'^°''*"' from o31ce for^Lhe same causes and in the same manner that the consli- tution of this State provides for the removal of other judges. Sect. 71. That the docket fees now authorized and required by law peen of clerki, to b2 paid to the clerk of the circuit court, shall be paid in all suits aris- ing in the said municipal court to the clerk thereof, and shall by him be paid to the city treasurer, Gut of which fees together with the other rev- 20 Grand juries. and petit flow lummoned. Compeniation. Termi o£ court. Clerk, how ap- pointed. Bond. Feel. High conatable. Municipal court to b? a court of record. Constable to givs bond. enues of said city the salary of the judge and the other expenses of said court shall be paid. Sect. 72. That the grand and petit jurors of said municipal court shall be selected from the qualified inhabitants of said city by the com- mon council thereof in the same manner as other jurors are selected by the county commissioners courts of this State, which jurors shall possess the same qualifications and shall be liable to the same punishments and penalties, and have the benefits of the same excuses and exemptions as are imposed upon and allowed by the laws of this State to other jurors, and they shall take the same oaths, possess the same powers and be gov- erned in all their proceedings as is prescribed in the case of other jurors by the laws of this State. Sect, 73. That the said jurors shall be summoned by the high consta- ble of said town, in the same manner as other jurors are summoned by the sherifis of this State, and the said jurors shall beimpannalledby the oflieers of the said municipal court, in the same manner as jurors of circuit courts ; and the judge of said municipal court shall have all the powers concerning jurors that are given by th-e laws of this State to judges of the circuit courts. Sect. 74. The jurors of said municipal court shall receive, out of the city treasury, the same compensation for their services as is allowed to jurors of the circuit courts, to be paid upon the certificate of the cierk of said municipal court, which certificate said treasurer shall file as his voucher. Sect. 75. The judge of said municipal court shall hold six terms of said court in each year, for the trans,action of civil and criminal busi- ness, and shall continue each term until the business before it shall be disposed of. The said terms shall respectively commence on the first Monday of January, March, May, July, September and November, Provided, always, That the common council of said city shall have power to increase the number of the terms of said court or to alter the same by giving four weeks notice thereof, in the corporation newspaper. Sect. 76. The clerk of said court shall be appointed by the Judge thereof, and shall be qualified and shall enter into bonds as Clerks of the circuit court are now required to do, and shall receive the same emolu- ments as are allowed to the clerks of the circuit courts for similar servi- ces, which fees shall be collected in the same manner. Sect, 77. There shall be chosen by the qualified electors of said city, at the same time and in the same manner as is provided in this act, for the election of mayor, one high constable, whose term of service shall be for one year, and until his successor shall be chosen and qualified, and who shall have and exercise all the powers and functions as an offi- cer of said municipal court within the limits of said city, as sheriflfsare allowed to exercise within the limits of their respective counties, and shall be entitled to the same fees for his services. Sect. 78. Said municipal court shall be a court of record and have a seal to be furnished by the common council, the proceses of said court shall be tested by the Judge, and issued in the same manner as in the circuit courts, and shall be directed to the high constable of said citv, to be executed within the limi's of the same, but where the defendant or defendants or either of them may reside without the limits of said city, and in Cook county, the process shall be directed to the sheriff of said county, who shall execute the same and make return thereof to the clerk of said court. Sect. 79. The said high constable shall before he enters upon the du- ties of his office, execute a bond with .vufficient sureties payable to the city of Chicago, to be approved by the common council in the penal sum of ten thousand dollars, conditioned as the sheriffs bonds in this State are required by lalv to be ccndit-.oned and may be prosecuted in the same manner in behalf of any peioon aggrieved, and the said high constable . 21 shall be required to take ihe same oath as the sheriffs of this State are required to take as I'ar as is consistent with the provisions of this act, before he enters upon tlje duties of his office, and the said high constable shall have power to appoint from among the city constables, oneorrr.oie deputies who shall be qualified in the same manner, shall have the same powers under the said high constable, so far as is consistent with the provisions of this act, as deputy sberifls have under the high sheriffs, j^^ ^. . .^ Sect. 80. All judgments rendered in said municipal court shall havccou^*^" s'csai the same lien on real and personal estate, and shall be enforced and col- lected in the same manner as judgments rendered in the circuit courts of this State, and all appeals from any judgment rendered by the mayor of said city, or any justice of the peace within the limits of said city, shall be taken to the next circuit or municipal court, whose term shall first happen. Sect. 81. The said common council shall have power frcm time to Tariff fees, time to establish, alter, and regulate a tariff of fees to be aHoV/ed to the party or parties prosecuting or defending any suit or action in the said municipal court, to be taxed against the party failing in said suit, and ^o be recovered and collected in the same manner &,s fees are recovered and collected in the circuit courts of this State. Sect. 82. All rules and proceedings of the said municipal court, not^"^^*- herein otherwise provided for, shall conform, as near as may be to the rules and proceedings of the circuit courts of this Stale, and appeals from the municipal court to the Supreme Court, shall be taken and con- ducted in the same manner as is provided by the laws of this State, for the taking of appeals or writs of errors from the circuit court. Of Common and other Schools. Sect. I. [83.] That the common council of the city of Chicago shall, To be commis- by virtue of their offices, be commissioners of common schools in and^^°°^"°^,*=°'^' for the said city, and shall have and possess all the rights, powers aud™^"^'^ *^°'*' authority necessary for the proper management of said schools. Sect. 2. [84.] The said common council shall have power to lay off May 'divide city and divide the said city into school districts, and from time to time alter into school dis- ihe same and create new ones as circumstances may require. *'''^'*" Sect. 3. [85.] The common council shall anrually appoint a number Ma^ «Ppoint in- of inspectors of common schools in said city, not exceeding twelve, an d.pvctors of schools not less than five ; and in case of a vacancy in the office, tne common council shall from time to time appoijit others, which inspectors, or some ^ of them, shall visit all the public schools in said cit}'- at least once a month, enquire into the progress of the scholars and the government of the schools, examine all persons offering themselves as candidates for teachers, and when found well •"•=ilified, give them certificates thereof ' gratuitously, and remove them for any good cause; audit shall be the duly of the said inspectors to report to the common council, from time to time, any suggestions and improvements that they may deem neces- sary or proper for the prosperity of said schools. Skct. 3. [86.] That the legal voters in each school district shall an- .j,j.^j^ggg {^ ^^ nually elect Ihifee persons to be trustees to commoon schools therein, elected and duty, whose duty it shall be to employ qualified and suitable teachers, to pay the wages of such teachers when qualified, out of the moneys which shall come into their hands from the commissioner ot school lands, so far as moneys shall be sufficient I'or that purpose, and to collect the resi- due of such wrges from all persons liable therefor. They shall call special meetings of the inhabitants of the district liable to pay taxes whenever they shall deem it necessary and proper, shall give notice of the time and place for special district meetings at least five days before said meetings shall be held, by leaving a written or printed notice there- of, at the place of i bode of each of said inhabitants, make out a tax list of every district tax which the inhabitants of said district may, by a vote of a majority present, direct at any meeting called as aforesaid 22 for that purpose, which list shall contain the names of all taxable in- habitants residing in the district at th® time of making out the list, and the amount of tax payable by each inhabitant, s^et opposite to his name, ■which tax maybe levied upon the real or personal estate of said inhab- itants; they shall annex to such tax list, a warrant directed to one of the city constables residing in the ward in which said district may be, for the collection of the sums in said list mentioned, and said consta- ble shall receive five cents on each dollar thereof, for his fees. The said trustees shall have power to purchase or lease a site for the district school house, as designated by a meeting of the district, and to build, hire or purchase, keep in repair and furnish said shool house with ne- cessary fuel or appendages, out of the funds collected and paid to them for such purposes. To make report. Sect. 5. [87.] The trustees of each district shall at the end of every quarter make report to the school inspectors in writing, setting forth the number ot schools within the district, the lime that each has been taught during the previous quarter, and by whom, the number of schol- ars at each school, and the time of their attendance during the quarter, to be ascertained from an exact list or roll of the scholars' names to be kept by the teacher for that purpose, which list shall be sworn to or af- firmed by said teacher. Cowmissioners of Sect. 6. [88.] That it shall be the duty of the commissioner of school •chool lands, to lands in Cook county to make semi-annuslly to the common council of make r«porL ^^^^ ^.^y ^ ^^^jj ^^^^ correct report, in such manner as they shall direct, of the slate of the school fund arising from the pale or lease of school lands in township tnirty nine nofth, range fourteen east, in Cook coun- ty, with the interest accruing thereon. School money, SacT. 7. [89."] The school inspectors shall, quarterly, apportion said how apportioned, school moneys among the several districts in said city accOiJing to the number of scholars in each school therein between the ag^es ot "five ?nd twenty one, and also according to the lime that ea'^h scholar has actually attended such school during the previous quarter, to be ascertained by the reports of said trustees and teachers. » Duly of inspect- Sect. 8. [90.] Vv'^henever the said apportionment shall have been on. made, the school inspectors shall make out a schedule thereof, setting forth the amount due to each district, the person or persons entitled to receive the same, and shall deliver the saic schedule together with the report of the trustees srd the lists «r rolls of the teaclicrs to the com- mon council, and thereupon the said c ;b!'arts of any school district school. In the said city, by a vote of two-thirds of t'=».e personii present and enti- tled to vote, at a meeting of such disirict, convened after notice of the object of such meeting 'ball have been pvi.il^hed for one week in the corporation nev.'spaper of the <^aid city, a,nd ;fter said notice shall have been served on every such freeholder or in habitant jby reading the sams to him, or in case of his absence by leaving the same at his place of residence, at least five days previous to such rceeticg, determine either' separately or in conjunction with any olhei school' district or districts in the said city, to have a Iv^^h school created for such district or dis- tricts, or shall so agree to unite for that purpose, and may vote a sum not exceeding five thousand dollars, to be raised for erecting a building for - such Iiigli school. And on evidence of such vote and of such notice having been published and served as above provided, being nrc^.sented to the common council, they may in their discretion auehovjzo the erecting of a high school in such district, or may authorize the several districts $0 agreeing, to t? united into one district, which shall thereafter form 23 one school district, and all the property right aud interest, of the several districts so united, shall belong to, and be vested in the trustees of said united districts, and the trustees thereof shall have all the powers of trustees of school districts, shall be elected in the same manner, and shall be subject to all the duties and obligations of trustees of common school districts. Mr ^^ t Sect. 10. [92.] The common council shall annually publish on the J;'''^?,^*/* second Tuesday of February, in the corporation newspaper of the city, the number of pupils instructed there in the year preceding, the several branches of education pursued by them, and the receipts and expendi- tures of each school, specifying the sources of such receipts, and the object of such expenditures. That the act entitlerl an act to incorporate the inhabitants of sach town.s as may wish to become incorporated ap- ^<^^' "^®m**^\ i proved on the 12th day of February 1831, and so much of an act entitled isa?.*^*^* Mwrch 4 an act for the incorporation of lire companies, approved the 12lh day of February 1835, and so much of an act entitled an act to change the cor- porate powers of the town of Chicago, and so much of an act entitled an act to amend an act entitled an act to change the corporate powers of the town of Chicago, approved January 15, 1836, and all olher acts and parts of acts as are inconsistent with, and repugnant to the provisions of this act, in so far as relates to the said city of Chicago, be and the same are hereby repealed. Approved March 4, 1837. AN ACT supplemental to an act to incorporate the city of Chicago, Act«p^ed. Sect. 1. Be it enacted by the people of the State of Illinois, represented ^ersom may ha7« in the Generrl Asse^nbiy, That so much of the said "[act] as permits the '■*^°?':" f° *-^^ licensing of billiard tables in the said city be repealed, that all persons '^"'''"P'" ^•'^^*»' residing in the said county of Cook, may at their option have recourse to the municio?! court of said city, and the said "^municipal court shall have concurrent jurisdiction v/ith the circuit court in all matters arising within said county, that only so much of an act entitled an act to incor- porate the inhabitants of such towns as may wish to be incorporated, approved on the 12th day of February 1831, shall be repealed as is in- consistent with the provisions of the act incorporating the .said city of Chicago, and only in so far as the same relates to the said city of Chi- cago, Approvzd 4th Mtrch, 1837. (»' .J "m % ;j . •« ■if ; ,.r,.; v> >?. fl^^^^Pf^V y-: 'W-ii-' '?J St .j^ ■'l '■• : ■:1^ iM-X